General Terms and Conditions & Delivery Terms

General Terms and Conditions of "ChocoShop"

Scope

These General Terms and Conditions apply to all orders placed by customers via the ChocoShop of Aeschbach Chocolatier AG.

Offer and Conclusion of Contract

The presentation of products in the ChocoShop does not constitute a legally binding offer, but rather an invitation to place an order.

By clicking the [Order] button, the customer places a binding order for the products listed on the order page. Once the order has been submitted, the customer can no longer make any changes to it.

Immediately upon receipt of the order, Aeschbach Chocolatier AG will confirm receipt of the order by email. The contract of sale is only concluded when Aeschbach confirms dispatch of the goods by email (order or dispatch confirmation), or at the latest upon delivery of the goods.

Alcoholic products

The sale of products containing alcohol (wine, spirits, sparkling wine, etc.) to persons under the age of 18 is prohibited in Switzerland and Europe. By placing an order in the ChocoShop, the customer acknowledges these provisions and confirms that they are authorised to make the purchase.

Price

The prices stated on the product page include statutory VAT and other price components and are quoted in Swiss francs (CHF).

The prices applicable to the products on offer are those listed on the day the customer places the order. The prices are binding until the order is confirmed by Aeschbach Chocolatier AG or for the duration specified in the order confirmation.

We reserve the right to make price changes as a result of changes to taxes, fees, duties or delivery charges.

Delivery charges

Delivery of the ordered items is at the customer’s expense. Delivery charges consist of postage and packaging costs. These can be viewed at any time via the ‘Delivery Information’ page/link, broken down into postage and packaging costs, and are displayed for both domestic and international deliveries before the order is finalised.

Delivery in summer temperatures

Delays may occur with orders placed on hot summer days. We reserve the right to delay shipments of our handmade and home-made pralines to ensure they are not damaged by high summer temperatures and thus meet our high quality standards. You will, of course, be informed of any changes to delivery dates. However, delivery delays caused by force majeure do not entitle you to a refund or compensation.

Delivery terms

Deliveries are made within Switzerland and to Liechtenstein.

Aeschbach Chocolatier AG accepts no liability for delivery delays beyond its control, e.g. due to force majeure, traffic congestion, adverse weather conditions, unusual or unexpected delays caused by customs authorities, etc., Aeschbach Chocolatier AG accepts no liability, and such circumstances do not entitle the customer to withdraw from the purchase contract or to claim compensation.

Should not all ordered products be in stock, Aeschbach Chocolatier AG is entitled to make partial deliveries.

Should delivery of the goods fail through the customer’s fault despite three attempts to deliver, Aeschbach Chocolatier AG may withdraw from the contract. Any payments made will be refunded without delay.

Terms of payment

Payment may be made by credit card, Twint or PostFinance.

Credit card, Twint and PostFinance

When paying by credit card or PostFinance, the customer’s account is debited immediately.

Credit check and scoring

Aeschbach Chocolatier AG reserves the right, in order to protect its own interests during the purchase process, to obtain credit reference information about the customer and may pass on customer data to third parties for this purpose.

To this end, the personal data required for a credit check (first name, surname and address details) is transmitted to an external credit reference agency. CRIF AG, Hagenholzstrasse 81, 8050 Zurich, carries out a corresponding assessment of creditworthiness and credit capacity based on mathematical and statistical methods. The information obtained in this way regarding the statistical probability of default is taken into account in the decision on whether to enter into, fulfil or terminate the contractual relationship.

The credit check is carried out in compliance with the relevant data protection regulations and with particular regard to your legitimate interests. Please note that only CRIF AG can provide information on which data was used to calculate your credit profile.

If you are placing an order as a business and wish to pay by invoice, please contact us at verkauf@aeschbach-chocolatier.ch.

Legal action/debt collection costs in the event of late payment:

The amount of legal action/debt collection costs is calculated on the basis of the outstanding debt:

Amount of the outstanding debt in CHF	Legal action/debt collection costs in CHF
0 – 150	max. 80.00
151 – 600	max. 175.00
601 – 1,000	max. 230.00
1,000.01 – 10,000	max. 860.00
from 10,000.01	9% of the outstanding debt

Disclosure of personal data:

Your personal data will be disclosed to the transport company responsible for delivery or the relevant financial service provider in the course of contract fulfilment, insofar as this is necessary for the delivery or payment of the goods.

Delivery

Delivery in Switzerland

A Post Priority. Delivery within Switzerland takes approx. 1–2 working days.

Delivery for orders placed on Saturdays, Sundays and public holidays

If an order is placed on a Saturday, Sunday or public holiday, it will be dispatched on the second working day after the order is placed. We recommend placing your order as early as possible (ideally 4–5 working days before your desired delivery date). Please bear in mind that delivery times may be longer in the run-up to public holidays.

Delivery charges / customs surcharge

Delivery charges consist of postage and packaging costs. They are calculated individually based on weight, can be viewed under ‘Delivery Information’ and are displayed before you complete your order.

For orders up to CHF 80.00, a delivery charge of CHF 8.00 applies. Delivery is free for orders of CHF 80.00 or more.

Retention of title

The goods remain the property of Aeschbach Chocolatier AG until full payment has been made and the goods have been dispatched.

Warranty

Aeschbach Chocolatier AG provides a warranty by rectifying any defects. This is done, at the discretion of Aeschbach Chocolatier AG, by way of subsequent performance, namely the rectification of a defect (repair) or the delivery of a defect-free item (replacement).

If the subsequent performance fails, the customer is entitled to withdraw from the contract. This does not apply to minor defects. The customer has no right to a reduction in price.

The recipient undertakes to check the goods for completeness and condition immediately upon receipt. Any complaints regarding quality and completeness must be reported to Aeschbach Chocolatier without delay, but no later than 24 hours after delivery. Otherwise, the delivery shall be deemed to have been accepted.

Aeschbach Chocolatier AG shall not be liable for damage caused in transit or damage resulting from the improper storage of the goods after they have been taken over by the customer or their agents.

For hygiene reasons, there is no general right of return for food products sold by Aeschbach Chocolatier AG.

In the event of defects, the goods must be returned to Aeschbach Chocolatier AG. The return shall be at the expense and risk of Aeschbach Chocolatier AG. Any obligations to refund payments shall be fulfilled within 30 days of receipt of the returned goods. Aeschbach Chocolatier AG is entitled to deduct any compensation for loss of value from the purchase price. If individual components of a set are returned, the discount granted by Aeschbach Chocolatier AG on all components of the set as part of the set price shall lapse. The customer will therefore only be refunded the difference between the set price and the purchase price of the individual items they are keeping. Returns in the original packaging, accompanied by the invoice or delivery note and sent in packaging suitable for safe dispatch, simplify the processing of the return.

Liability

Aeschbach Chocolatier AG excludes liability for breaches of contract arising from slight negligence. The same applies to breaches of contract by agents and substitutes.

Applicable law / Jurisdiction

These General Terms and Conditions, as well as the contracts concluded on the basis thereof, are governed by Swiss law. Lucerne is agreed as the place of performance and the place of jurisdiction.

Lucerne, October 2021

General Terms and Conditions of “ ChocoWorld”

Scope

The term ‘Aeschbach Chocolatier AG’, hereinafter referred to as ‘Aeschbach’, encompasses the ChocoDromo building in Root, including all outdoor areas and premises. These General Terms and Conditions govern the contractual relationship between you, as the customer or event organiser, and Aeschbach. These General Terms and Conditions apply to events held at Aeschbach.

Conclusion of Contract

A contract between you and Aeschbach is formed upon receipt of your written or verbal booking and the delivery of our confirmation or quotation. These General Terms and Conditions form an integral part of this contract. The specific services provided are set out in the quotation or booking confirmation.

Registration Conditions

Registration takes place via Aeschbach’s booking system. By registering, the registrant (participant) undertakes to pay the participation fee. The number of participants is limited.

Cancellation Terms

Cancellation is made via Aeschbach’s booking system. You will receive a cancellation link by email upon registration. If you lose this cancellation link, please contact Aeschbach directly. Cancellation must be made no later than 48 hours before the event. If the booking is cancelled after the agreed cancellation deadline through no fault of Aeschbach, the guest or organiser will be charged the full participation fees. The date on which the written notice is received by the booking office shall be decisive. Following consultation with Aeschbach, it may be possible to book an alternative date.

Terms of payment

The participation fee must be paid in cash, by EC-Direkt or by credit card on the day of the event and on site. Subject to prior agreement and the consent of Aeschbach, payment by invoice is possible. Aeschbach is entitled to require an advance payment, either in full or in part, for the booking.

Participation fee

The terms and conditions set out in the relevant Aeschbach event announcement apply to each event. Discounts cannot be combined.

Venue

The venue is specified in Aeschbach’s event announcement. Participants are responsible for organising and paying for their own travel to the venue.

Changes to the programme / Cancellation of the event

Aeschbach reserves the right to make any necessary changes to the event programme. In particular, Aeschbach reserves the right to cancel an event (e.g. if there are too few participants). In the event of cancellation, participants will be informed immediately and the event fee will be refunded. Any further claims are excluded; liability is limited exclusively to the participation fee.

Data protection

The data provided will be stored using electronic data processing in accordance with the Data Protection Act. Unless otherwise specified by the participant, they may receive future information about events. This consent may be withdrawn at any time.

Liability

The guest or organiser shall be liable to Aeschbach for any damage or loss caused by them, their agents or participants, without Aeschbach being required to prove fault on the part of the customer. Aeschbach accepts no liability for the loss of or damage to items brought onto the premises. Aeschbach accepts no liability for items left in the cloakroom.

Applicable Law / Jurisdiction

These General Terms and Conditions, as well as any contracts concluded on the basis thereof, are governed by Swiss law. Lucerne is agreed as the place of performance and the place of jurisdiction.

Lucerne, October 2021

General Terms and Conditions of "ChocoEvents"

Scope

The term ‘Aeschbach Chocolatier AG’, hereinafter referred to as ‘Aeschbach’, encompasses the ChocoDromo building together with all outdoor areas and premises.

These General Terms and Conditions govern the contractual relationship between you as a customer or event organiser and Aeschbach.

These General Terms and Conditions apply to events held at Aeschbach in accordance with clause 4.1.

Conclusion of Contract

A contract between you and Aeschbach is formed upon acceptance of your written or verbal booking and the delivery of our confirmation or quotation. These General Terms and Conditions form an integral part of this contract.

The specific services are set out in the quotation or booking confirmation.

Option Periods

Option dates are binding on both parties. Once the option period has expired, Aeschbach may, without further notice, make full use of all the premises and cancel the booking.

Cancellations

Events include, in particular, seminars, congresses, conferences, banquets, concerts, courses, workshops and other events taking place at Aeschbach.

Cancellations must be notified to Aeschbach by the guest (organiser) as early as possible and in writing. If the booking is cancelled in full through no fault of Aeschbach, Aeschbach shall charge the guest or organiser the following flat-rate cancellation fees (compensation) for the reserved services:

60 to 31 days before the start of the event: 50%

30 to 11 days before the start of the event: 75%

10 to 0 days before the start of the event: 100 per cent

during the event: 100%

The date on which the written notice is received by the booking office shall be decisive. If the number of participants originally notified for booked packages is 20 per cent or more lower than the final number of participants, the difference will be treated as a partial cancellation (in accordance with the cancellation periods set out in clause 4.2). Where the downward deviation is less than 20%, the number of participants reported in accordance with clause 5 shall apply.

Participants

The guest or the organiser undertakes to notify Aeschbach in writing of the final number of participants as early as possible, but no later than 1 week before the event date. In the event of subsequent downward deviations in the actual number of participants from the final number, the number notified shall serve as the basis for invoicing. In the event of a subsequent increase in the actual number of participants, the invoice will be based on the actual number of participants.

Food and drink

The guest or the organiser undertakes to purchase food and drink exclusively from Aeschbach itself or from a catering partner authorised by Aeschbach.

Extension

The closing time is 00.30 every day from Monday to Sunday. We would be happy to apply for an extension for your event (up to a maximum of 03.00). Should third parties complain about noise levels, or should the satisfaction of other guests be compromised, Aeschbach is entitled to issue instructions to the organiser, which must be strictly adhered to. Failure to comply with these instructions may result in the organiser being charged for any consequential costs.

Payment Terms

Aeschbach is entitled to require full or partial payment in advance for the booking.

The agreed prices include the applicable VAT.

Aeschbach shall invoice the organiser or client for the services and expenses incurred following the event. The guest undertakes to settle the invoiced services and expenses in full, without deduction, within 10 days of the invoice date. Credit card payments and WIR payments are not accepted.

Liability

The guest or organiser shall be liable to Aeschbach for all damage and loss caused by them, their agents or participants, without Aeschbach being required to prove fault on the part of the customer. Aeschbach accepts no liability for items left in the cloakroom. Aeschbach is liable to the guest for damage arising from gross negligence, whether contractual or non-contractual. Liability for slight negligence is excluded.

Right of withdrawal

If Aeschbach has reasonable grounds to believe that the event or arrangement may jeopardise the smooth running of its business, its safety or its reputation, Aeschbach is entitled to terminate the booking agreement at any time without compensation.

Applicable Law / Jurisdiction

These General Terms and Conditions, as well as any contracts concluded on the basis thereof, are governed by Swiss law. Lucerne is agreed as the place of performance and the place of jurisdiction.

Lucerne, October 2021