GENERAL TERMS AND CONDITIONS
BAUR AU LAC ONLINE SHOP
1. scope of application
The deliveries, services and offers of the online shop
of the
H. KRACHT'S HEIRS AG (CHE-106.100.014)
Talstrasse 1
8001 Zurich
shop@bauraulac.ch
hereinafter also referred to as "Baur au Lac Shop
shall be made exclusively on the basis of these general
terms and conditions, even if they are not expressly agreed again.
With the order of goods or services, these terms and conditions are deemed to be accepted
. General terms and conditions of purchase of the customer are hereby
contradicted. Deviations from the general terms and conditions are only
effective if they are confirmed in writing by H. KRACHT'S ERBEN AG.
The General Terms and Conditions apply in the
respective version current at the time of conclusion of the contract. Depending on the customer's
terminal device, this document can be printed and/or saved.
2. offer
The offers of H. KRACHT'S ERBEN AG in price lists and
advertisements do not constitute a legally binding offer, but a
request to the customer to place a binding order
for them. The offers are excluded from the binding nature of the availability
.
3. prices
The reserve currency of the online shop is the Swiss franc.
Any information on foreign currencies is indicative and only becomes binding when the
contract is concluded at the daily exchange rate.
All prices include the statutory value added tax.
Price fluctuations are possible; the price stated at
at the time the order is placed is decisive.
The prices stated in the order confirmation
are decisive. These are fixed for goods in stock at the time of the order. In the case of
delivery bottlenecks and errands, the daily price on the day of the order shall apply.
Prices are quoted in Swiss francs including
statutory VAT and, unless otherwise agreed, plus
shipping costs. The current prices are published in the online shop,
Price changes and errors excepted.
4. conclusion of contract
By triggering the order by clicking the
order button in the online shop, the customer places a binding order for the products listed
on the order page. H. KRACHT'S ERBEN AG
confirms receipt of the order immediately upon receipt. Orders
are binding for H. KRACHT'S ERBEN AG only after written order confirmation
. If it is established after the order confirmation that the
delivery of the goods is not possible or that there was a price error, the
order will be cancelled or, in the case of price errors, if the goods have already been delivered
, the price difference will be claimed from the customer.
In the event of price errors, the customer is entitled to return the goods
to H. KRACHT'S ERBEN AG if the customer does not agree to the
subsequent settlement of the price difference. In
any case, the customer cannot assert any further claims against H. KRACHT'S ERBEN AG
.
H. KRACHT'S ERBEN AG is entitled to make partial deliveries and
partial invoices at any time. If partial deliveries are made
, H. KRACHT'S ERBEN AG shall bear the additional shipping costs. In the event of
delays in delivery, the customer will be informed immediately.
H. KRACHT'S ERBEN AG only accepts the payment methods displayed to the customer in the context of the
order process.
The information in the sales documents (drawings,
illustrations, dimensions, weights and other performances) are only to be understood as approximate values
and do not represent any assurance of properties unless
they are expressly designated in writing as binding.
If a customer exceeds his
credit limit by placing an order, H. KRACHT'S ERBEN AG is released from the delivery obligation
.
H. KRACHT'S ERBEN AG does not sell any alcoholic
beverages to young people under the age of 16 and no spirits to young people
under the age of 18. H. KRACHT'S ERBEN AG reserves the right to carry out an age check before issuing
or delivering the goods.
5. delivery conditions
Delivery is usually made within 10 days and only
to delivery addresses within Switzerland and the Principality of Liechtenstein.
Dates and delivery periods are non-binding, unless otherwise expressly agreed in writing
. The indication of certain
delivery periods and delivery dates by H. KRACHT'S ERBEN AG are subject to the
reservation of correct and timely delivery to H. KRACHT'S ERBEN AG
by suppliers and manufacturers.
Visible quantity differences must be notified in writing to H.
KRACHT'S ERBEN AG immediately upon receipt of the goods,
concealed quantity differences within 4 days of receipt of the goods. Complaints regarding
damage, delay, loss or poor packaging must be made immediately after
receipt of the consignment.
6. transfer of risk
The risk shall pass to the customer as soon as the consignment has been handed over to
the company carrying out the transport. If the
shipment is delayed or becomes impossible
through no fault of H. KRACHT'S ERBEN AG, the risk is transferred to the customer
with the notification of readiness for shipment. An assumption of the transport costs by H.
KRACHT'S ERBEN AG agreed in individual cases has no influence on the transfer of risk.
In the case of goods intended for collection, the benefit and risk
of the item shall pass to the purchaser upon conclusion of the contract or provision for collection at
. The purchaser must comply with the seller's regular opening hours. The purchaser must comply with the seller's regular
opening hours.
7. warranty
If the delivered goods are defective at the time of the transfer of risk
, e.g. due to a manufacturer's defect, or if there is a
wrong delivery or an incomplete delivery, H.
KRACHT'S ERBEN AG shall, at its own discretion, deliver a replacement or cancel the purchase and
refund the purchase price to the customer.
H. KRACHT'S ERBEN AG will refund the postage of the return shipment in case of wrong delivery or
delivery of defective goods.
Insignificant deviations from warranted properties
of the goods do not trigger any warranty or guarantee rights. Liability for
normal wear and tear is excluded. This also applies insofar as the defect is due to
improper use, storage and handling of devices, or
third-party intervention as well as the opening of devices.
The customer's warranty claim expires if he does not notify
of the
defect or incorrect delivery within 14 days of receipt of the goods by e-mail (shop@bauraulac.ch), telephone or post.
8. liability
All cases of breach of contract and their legal consequences
as well as all claims of the customer, irrespective of the legal grounds on which they are made
, are conclusively regulated in these GTC. In no case
shall the customer have any claims for compensation for damage that has not occurred to the product
itself. This also applies with regard to the personal
liability for damages of our employees, workers, staff,
representatives and vicarious agents. A liability claim that exceeds the value of the
order is excluded.
The exclusion of liability pursuant to the preceding paragraph shall not apply
to unlawful intent (intent) or gross negligence.
The ordered products may only be used for the agreed and
intended use.
9. default of acceptance
If the customer refuses the
acceptance of the delivery items after the expiry of a deadline set for him or declares that he does not wish to accept the goods
, H. KRACHT'S ERBEN AG can refuse the fulfilment of the contract
and demand damages for non-fulfilment.
H. KRACHT'S ERBEN AG is entitled to demand either a flat rate of 25 % of the agreed purchase price or compensation
for the actual damage incurred from the customer as compensation for damages.
10. returns
Customers have the right to return the goods during 14 days after their
delivery. The right of return is exercised by returning the goods to
, whereby the goods must be unopened and unused.
The return shipment must be notified to H. KRACHT'S
ERBEN AG prior to return.
Perishable goods, hygiene articles and consumer goods are
excluded from return in any case.
The exercise of the right of return leads to the conversion of the
purchase contract into a rescission relationship, according to which the services received under the
purchase contract must be refunded.
After receipt of the goods, any purchase price already paid
will be credited to the customer's customer account or to the previously debited means of payment
. However, a deduction of the
purchase price to be refunded or an invoice for possible damage,
unacceptable wear and tear of the goods or, if agreed, shipping costs of the
goods shall remain reserved.
H. KRACHT'S ERBEN AG may refuse to credit the customer until
it has received the goods back or the customer has provided proof
that it has returned the goods, whichever is the earlier
point in time.
The customer is in any case responsible for packing the goods to be returned to
in a manner suitable for transport. Damage/loss of the
goods due to improper packaging will be charged to the customer.
If the customer hands over the goods to a transport company, the customer shall bear the
risk for the safe transport of the goods. The transfer of risk to H.
KRACHT'S ERBEN AG does not take place until the goods arrive at the domicile of H.
KRACHT'S ERBEN AG.
11. payment
H. KRACHT'S ERBEN AG only accepts the payment methods offered in the
online shop.
12. customer reviews
If the customer writes a customer review, H. KRACHT'S
ERBEN AG is entitled to display this text in all channels such as webshop, websites, apps
and social media presences of H. KRACHT'S ERBEN AG. H. KRACHT'S
ERBEN AG reserves the right not to display a review or to display it only for a limited
period of time and, if this is required for legal reasons (e.g. in the event of a violation of personal rights at
), to display it in abridged form. Customer reviews
exclusively reflect the opinions of the customers and do not
necessarily agree with the opinion of H. KRACHT'S ERBEN AG.
13. data protection
H. KRACHT'S ERBEN AG undertakes to comply with the requirements of data protection law
when processing customer data. Further information on the handling of customer data can be found on the
separate data protection declaration. The data protection declaration is an integral
part of these General Terms and Conditions. With the
acceptance of the general terms and conditions, the customer also agrees to the
data protection declaration.
14. copyrights
Companies, brands, trademarks, images and logos used on the H. KRACHT'S ERBEN AG online shop
are the property
of their respective owners.
15 Jurisdiction
The exclusive place of jurisdiction for all disputes arising directly or indirectly from the
contractual relationship is
Zurich. The legal relationship is subject to Swiss law.
16. final provisions
The contract shall be concluded exclusively in German and
English.
The legal relationship between the customer and H. KRACHT'S
ERBEN AG is governed by the provisions of Swiss law, excluding the
United Nations Convention on Contracts for the International
Sale of Goods of 11 April 1980 (CISGG/Vienna Convention on Contracts for the International Sale of Goods) and its amendments and
supplements.
H. KRACHT'S ERBEN AG reserves the right to change the
General Terms and Conditions at any time. The respective binding
version of the GTC can be viewed and printed out on the webshop.
Should any provision of these general
terms and conditions be invalid, this shall not affect the
validity of the remaining provisions or the general terms and conditions
as a whole. The relevant
statutory provisions shall apply in place of the invalid provision.
Zurich, 24 November 2021
