General terms and conditions
General Terms and Conditions (GTC) of Blüemlisberg AG
These General Terms and Conditions contain information about us and define the legal conditions for the sale of our products listed on our website www.bluemlisberg.swiss. These General Terms and Conditions do not apply if you purchase our products from a source other than our website. Please read the General Terms and Conditions carefully and make sure you understand them before ordering products through our website.
“We”, “us” and “our” refers to Blüemlisberg AG (company number CHE-335.454.917), based in Schwyz (Switzerland). “You” or “your” refers to customers who buy products via our website www.bluemlisberg.swiss.
2. About us
Blüemlisberg AG is a registered Swiss company. Blüemlisberg AG operates the website www.bluemlisberg.swiss (“Website”) from its main place of business.
If you want to contact us, please use the email address shown in the Legal Notice.
3. Our products
You can find information about our products (including their benefits and uses) on our website www.bluemlisberg.swiss.
4. Conclusion of contract
You can order the desired product(s) in our online shop. After you have placed the selected goods in the virtual shopping cart and completed the electronic ordering process, you will submit a legally binding contract offer in relation to the goods in the shopping cart by clicking the button that concludes the ordering process. The minimum order value is CHF 0.00
After receiving your order, we will send an order confirmation to the email address you provided. The contract is concluded upon confirmation of order, subject to the following paragraph.
If we are unable to deliver a product you have ordered, we will inform you immediately. A purchase contract will not be concluded for this product and your contractual offer will be rejected. We will refund the purchase price paid for this product as soon as possible.
5. Product prices and delivery costs
Our product prices are only visible if you have registered and logged into our website and are exclusive of VAT. We take great care to ensure that product prices are correct at all times. If we discover that a product you have ordered is incorrectly priced, we will contact you to inform you about this error.
Orders with a value of CHF 500.00 or over are delivered free of charge. Depending on the country shipping weight, this includes a flat shipping fee.
When ordering icecream, you will be contacted in advance by phone about the delivery time.
6. Payment methods
We offer the following payment methods: VISA, Mastercard, TWINT, Invoice (only for business customers).
By ordering products through our website, you authorise us to conduct a credit and anti-fraud check for you and your chosen payment method. These checks may be necessary to verify your identity, validate your credit or debit card, obtain an initial credit or debit card authorisation and/or authorise individual purchases. You authorise us to disclose information about you, including personal information, to third parties such as banks and credit report providers for the purposes of these checks, and accept that those third parties may keep documents about you. You also agree that we may make the information we receive from such checks available to third parties, including anti-fraud and credit reporting agencies.
Delivery of the products in the online shop is currently available in Switzerland, Germany and Austria.
If no different delivery times are specified on the website or in the shipping confirmation, delivery will take place within approximately 5–7 working days. Delivery is complete when the transport company delivers the products to your specified address. Please ensure that the delivery information you provide is correct.
If we are unable to meet the estimated delivery date as specified, we will provide you with a new estimated delivery date. Upon subsequent delivery, we will have fulfilled our contractual obligation. You are not entitled to any additional compensation for damage caused by delay.
You must comply with all applicable laws and regulations of the country for which the products are intended. We are not responsible or liable if you break any laws or regulations.
8. Transfer of benefit and risk
The benefits and risks pass to you as soon as we hand over the ordered products to the carrier for delivery.
We are responsible for ensuring that the delivered products do not have any defects which would either invalidate or significantly reduce their value or suitability for the intended use when they are handed over to you.
You are obliged to check the ordered products immediately upon receipt and to report any defects immediately. Otherwise, any obvious defects will be considered to have been accepted. If there are later defects that were not recognisable during the standard inspection, you must report them immediately after discovery. Otherwise, these defects will also be considered to have been approved.
We can ask you to send us the rejected products so that we can check whether our warranty applies to any defects found.
We are entitled to fulfil the warranty by choosing to replace the product completely with an equivalent product, whereby the original warranty period applies to the new product.
The warranty claims expire two years after delivery of the ordered products.
10. Our liability
Liability for damage is excluded to the extent permitted by law.
11. Your personal data
Information about the type and scope of the data collected and your rights is available by clicking the data protection tab on our website.
12. Applicable law and jurisdiction
For consumers, the place of jurisdiction and the applicable law are determined in accordance with the Swiss Code of Civil Procedure.
For all other customers who are not consumers, Swiss law is applicable and the place of jurisdiction is Schwyz as far as the applicable conflict of law permits.
The contracting parties hereby exclude the applicability of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention).
13. Additional important information
We may transfer our rights and obligations under this contract to another organisation. However, this does not affect your rights and obligations under these terms and conditions.
The contract is concluded between you and us. The assignment of your claims from the purchase contract with us to a third party is not permitted without our written consent.
The invalidity and ineffectiveness of a provision will not affect the validity of the remaining provisions of the General Terms and Conditions. Should individual provisions prove to be invalid or ineffective, they will be replaced with dispositional legal provisions which correspond to the legal and economic meaning of the ineffective provision as far as possible.
If we do not insist on the fulfilment of one of your obligations in accordance with these General Terms and Conditions or if we do not enforce our rights towards you or do so at a late stage, this does not mean that we waive our rights towards you and that you no longer need to fulfill these obligations. If we refrain from resolving a violation of contract by you, we will only do so in writing and this does not mean that we will automatically waive any later violation.
Version: 19 March 2019