Terms and conditions (T&C) of Oswald Nahrungsmittel GmbH Information correct as of: 20 Jan 2017

1. Scope

These terms and conditions shall apply for all orders from Switzerland and the Principality of Liech-tenstein and all deliveries by Oswald Nahrungsmittel GmbH, Hinterbergstrasse 30, 6312 Stein-hausen, www.oswald.ch, VAT registration number CHE-101-260-952 (hereinafter referred to as seller) in Switzerland and the Principality of Liechtenstein.

2. Offer and conclusion of contract

2.1 The presentation of the products in the sales or presentation documents and in the web shop shall not constitute a legally binding offer by the seller, but is rather an invitation to the customer to place a binding order for him/her (offer to conclude a contract).

2.2 By filling out the order form or clicking on the order button, the customer places a binding order of the products listed on the order page. The purchase agreement shall only enter into force with the seller’s express confirmation of the order. In the case of online orders, the confirmation shall be sent by email.

2.3 The minimum order value shall be CHF 40.00.

3. Conditions of delivery

3.1 For technical processing reasons, the delivery can only be made to delivery addresses in Swit-zerland and the Principality of Liechtenstein.

3.2 The standard delivery time shall be 3 to 4 working days after receipt of order, unless otherwise indicated in the order confirmation.

3.3 If not all the ordered products are in stock, the seller shall be entitled to make partial deliveries. The customer shall incur no additional costs on the basis of partial deliveries.

3.4 If it is not possible to deliver the goods because of the customer, despite three attempts at de-livery, the seller may withdraw from the contract. Any payments made shall be refunded, less the expenses.

4. Right of return

4.1 Customers shall have the right to return goods within 14 days after order of the goods, provided that the products themselves are in their original packaging and have not been partially or fully opened and are undamaged. The right of return is exercised by sending back the goods, and no justification shall be required.

4.2 Exercising the right of return shall lead to the purchase agreement being converted into a rela-tionship in which the agreement is rescinded, after which the products received within the frame-work of the purchase agreement must be returned. The consumer shall bear the costs of the re-turn.

4.3 After the effective receipt and inspection of the goods, provided that they are faultless, the customer shall be reimbursed the purchase price already paid.

4.4 The right shall be reserved to make a deduction from the purchase price to be refunded or to not reimburse it and to issue an additional invoice for possible damage, excessive wear and tear of the goods or, if agreed, shipment costs for the goods.

5. Prices and shipping costs

5.1 The prices named on the product page include the statutory value-added tax and other price components and are in Swiss francs (CHF). Subject to price changes, errors and misprints.

5.2 In addition to the prices indicated, shipping costs may be charged, depending on the delivery address, quantity of goods and ordered items.

5.3 The packages shall be delivered as standard by B Mail. Postage & packaging for orders until CHF 59.99 (for B Mail delivery): CHF 8.90. Postage & packaging for orders until CHF 119.99 (for B Mail delivery): CHF 5.90. Delivered free of charge (order value): from CHF 120.00

Additional shipping method options:
A Mail: CHF 3.00 extra
Express: CHF 14.00 extra

6. Terms of payment

6.1 Payment shall be made against invoice, payable within 30 days. The seller reserves the right to demand prepayment.

6.2 In the case of prepayment, the payment must be made within 10 days after the order confirma-tion.

6.3 In the case of payment by credit card, the customer’s account shall be debited when the goods are shipped, unless otherwise agreed. A reservation of the order value shall be made at the time of order.

6.5 Discounts or discount vouchers (e.g. a voucher with a discount code or a newsletter bonus) may only be redeemed under the offer conditions advertised. It is not possible to combine or accumu-late several discounts and discount vouchers in this regard.

7. Creditworthiness assessment

To be able to offer you the best possible options for choosing the payment method, we must pro-tect you and ourselves from misuse. We therefore transfer the personal data required for a cre-ditworthiness assessment (first name and surname,

address data) to a credit agency, CRIF AG, Riesbachstraße 61, 8008 Zurich (formerly Deltavista AG Schweiz). We use the information that we receive on the statistical probability of a payment default (“probability value”) to make a balanced decision on the payment options to be granted to you.

If you do not agree to the payment method(s) offered to you on the basis of this procedure, you may inform us of this in writing by letter or by email to info@oswald.ch. We will then re-examine the decision, taking into consideration your point of view. You may make an objection at any time to your data being transferred to CRIF AG. A notification in text form (e.g. email, fax, letter) shall be sufficient for this purpose. Please note, however, that, in this case, only the payment methods of prepayment or credit card shall be available to you.

8. Default / Reminder / Debt collection

8.1 In the case of delivery on account, the purchase price shall become due within 30 days. If the payment is not made within this period, the customer will default.

8.2 In the case of default, the seller shall send a reminder to the customer three times in writing. The following charges shall become due with the reminder of the claim:

1st reminder after 30 days

2nd reminder after a further 30 days / CHF 10.00

Final reminder after a further 30 days / CHF 15.00

If the outstanding amount is not paid after the final reminder, either, the claim shall be collected. The seller shall transfer the claim for collection to the debt collection company Intrum AG, Schwerzenbach. All the additional costs, charges and fees that are incurred through the debt collec-tion and the collection shall be debited to the customer who is in default.

Accompanying handling charges (in the case of transfer to the debt collection service provider) shall be charged in CHF, depending on the amount of the claim.

9. Liability

The seller shall be liable for the products delivered and the services provided within the framework of the legal regulations and the following restrictions. Liability for negligence, consequential dam-age, financial losses or indirect damage shall be excluded, to the extent permissible by law. The same shall apply for breaches of contract by auxiliary persons and substitutes.

10. Data protection

The customer’s data shall be collected and used for order processing, as well as for in-house adver-tising evaluations and marketing evaluations. On the basis of the customer’s order, the seller shall be entitled to use the customer’s address data to send electronic advertising material for the sell-er’s products and services. The customer shall be entitled at any time to refuse to be sent further electronic advertising material. The refusal must be made by email. The data shall not be passed on to third parties, subject to clause 7 and 8. Furthermore, the customer is referred to the extensive data protection regulations on the seller’s website, available under “Legal Notice”.

11. Final provisions

If a provision of these terms and conditions is invalid, the rest of the contract shall remain valid. Instead of the invalid provision, the relevant legal provisions shall apply.

12. Applicable law and place of jurisdiction

Swiss law shall apply exclusively. The exclusive place of jurisdiction shall be Steinhausen ZG.

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