General Terms and Conditions (GTC)
These General Terms and Conditions (hereinafter referred to as “GTC”) of SCHOTT Handel (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller with regard to the goods offered by the Seller (hereinafter referred to as “Goods” or individually the “Goods”). This is subject to any special agreements made with the customer in individual cases.
The offer of products and services (hereinafter referred to as “offer”) is valid as long as the offer can be found in the online shop and/or stocks last.
3. Content and interpretation of texts and descriptions
All descriptive content in the online shop such as texts, tasting notes, recommendations, etc. are subjective and personal descriptions of the seller. They merely serve as an orientation aid without, however, having to grant the claim that they are perceived as equivalent on the part of the customer. The customer has no right of return as a result of other perceptions.
6. Conclusion of contract
The products and prices are deemed to be a contractual offer. However, this contractual offer is always subject to the condition that dissolves the contract of an impossibility of delivery or an incorrect price quotation.
If it becomes apparent after the conclusion of the contract that the ordered goods cannot be delivered or cannot be delivered in full, the seller shall be entitled to withdraw from the entire contract or from a part of the contract. If the payment of the customer has already been received by the seller, the payment will be refunded to the customer. If payment has not yet been made, the customer shall be released from the obligation to pay. The seller is not obliged to make a replacement delivery in the event of termination of the contract.
The customer can submit the legally binding contract offer via the online order form integrated in the seller’s online shop.
After receipt of the contract offer submitted by the customer in the online shop, the seller sends an automatic “order confirmation” by e-mail, which confirms that the seller has received the customer’s order.
The Seller may accept the Customer’s offer of a contract within five days by sending the Customer a written order confirmation or an order confirmation in text form (e-mail).
If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
8. No sale to minors
By placing an order, the customer confirms that he/she has reached the legal age for alcohol consumption. If the seller learns that this is not the case, he can cancel the order immediately and without notice. The vendor generally does not sell alcohol to under 18s (including wine, beer or other products containing alcohol). By placing an order, the customer acknowledges these terms and conditions and, in the case of an order via www.yummy-likoer.ch, explicitly confirms by means of a check box that he/she is authorised to make a purchase. The Seller does not carry out any further verification of the accuracy of the information and disclaims any liability in the event of contravention or misrepresentation.
Deliveries are made exclusively in Switzerland and the Principality of Liechtenstein. No deliveries are made abroad (with the exception of the Principality of Liechtenstein).
The goods can be collected from our warehouse in Münchenbuchsee (by appointment).
The Seller shall endeavour to deliver the goods within 5 working days of receipt of the order at the latest. The availability of the ordered goods remains reserved.
If orders cannot be delivered by the seller, for whatever reason, the customer will be informed immediately and any payments made will be returned. Damages, interest claims or lost profit claims cannot be made on the part of the customer.
13. Warranty, claims for defects and notices of defects
The seller takes the utmost care of the drinks in its possession, but is not responsible or liable for the condition of the goods, nor for the fact that the quality may not meet the customer’s expectations.
Claims for defects shall become statute-barred 12 months after delivery. Goods filled abroad will not be replaced or credited.
Notices of defects must be made within 8 days after delivery/collection.
In the event of an unjustified notice of defects
If the Seller’s inspection reveals that the goods have no detectable defects or that they are not covered by the manufacturer’s warranty, the Seller may charge the customer for the inconvenience, return, reshipment or possible disposal.
Broken off or broken cones
Broken off or broken cones can always occur when opening bottles. However, this does not entitle the customer to exchange or return the purchased product.
Product with cone aroma
Harmful cone aroma can occur in all products (spirits, syrup and foam tea). In case of damaged cork, the bottle must be returned to the seller’s return address in the imprint. We will check the complaint professionally and send a replacement bottle if the complaint is justified. No complaints will be accepted where more than 10cl is missing. Cork aromas are quickly recognisable, so every customer must taste their bottles briefly themselves and identify any defects.
15. Data protection
Only those data are recorded which are necessary for processing the order and which simplify the handling of the online shop for returning customers. Personal customer data is treated confidentially in accordance with data protection legislation and is neither passed on to third parties nor used for third-party advertising or sold. The only exception is the use of address data for our logistics partners.
16. Contents of linked pages
All websites linked in any form to www.yummy-likoer.ch have been checked for content and form before linking. Although we regularly visit the networked pages, we cannot exclude the possibility that content is published which is not directly related to our product range. We clearly dissociate ourselves from all abusive content and assume no responsibility for the appropriateness and content of linked sites.
17. Severability clause
Should individual provisions of the contract or provisions of the General Terms and Conditions be invalid, ineffective, void or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the rest of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall also apply accordingly in the event that the contract proves to be incomplete.
16. Place of jurisdiction
The entire legal relationship between the seller and the customer is governed by Swiss law (excluding the United Nations Convention on Contracts for the International Sale of Goods). The place of performance and exclusive place of jurisdiction is Bern.
As at 22 June 2021, SCHOTT Handel, Münchenbuchsee
These GTC replace all previous versions.