General Terms and Conditions (GTC) and Delivery Conditions for Private and Business Customers
1. BASIC PRINCIPLES
Pakka AG, Geroldstrasse 33, 8005 Zurich, Switzerland offers products (nuts, oil, chocolate fruits, chocolate, merchandising items) for sale to its customers at its website www.pakka.ch.
2. SCOPE OF APPLICATION
(a) When a customer ("you" or "Customer") accesses www.pakka.ch ("Website") and/or orders products through the Website, the Customer declares to Pakka AG ("Pakka") that it understands and accepts these Terms and Conditions as in effect at the time of use of the Website/order ("Terms and Conditions").
(d) Should any provision of these terms and conditions be or become invalid in whole or in part, the validity of the remaining provisions or parts of such provisions will not be affected. The invalid or missing provisions shall be replaced by the respective applicable legal regulations.
3. ORDER OF GOODS IN THE ONLINE STORE
3.1. Order and conclusion of contract
(a) The customer can order goods individually or by subscription according to the offer in the Pakka online store. All offers on the website are without obligation.
(b) By clicking on the “Send Order” button in the Pakka online store, you are placing a binding order for the goods contained in the shopping cart.
(c) The receipt of the order will be immediately confirmed to the customer electronically by Pakka. However, a contract between you and Pakka will only be concluded once Pakka has expressly accepted the order. Pakka reserves the right to refuse to enter into a contract without giving reasons.
3.2. Delivery and place of performance
(a) The ordered products will be delivered within 3 to 5 working days, this delivery time is indicative. Agreed delivery times are not considered binding deadlines. When purchasing a Nut subscription, the customer will receive the goods on the delivery dates specified by Pakka during the subscription period. If Pakka defaults on delivery, the customer cannot withdraw from the order. This is subject to Art. 3.5 (b) GTC. Pakka is not liable for any damage caused by delay.
(b) The goods will be delivered by post to the delivery address indicated by you in the order. The place of performance is the place of delivery to the Swiss Post Office. The customer shall bear the risk of transporting the goods from the place of performance. He accepts partial deliveries. Pakka reserves the right to choose other delivery methods.
(c) Pakka delivers your goods exclusively to the following countries: Liechtenstein and Switzerland.
3.3. Prices and terms of payment
(a) The prices listed on the website at the time of the order shall apply in the currency stated there.
(b) Delivery costs for private customers: The delivery costs are CHF 9 per order (economy package). From an order value of CHF 50, delivery is free of charge.
(c) Delivery costs for business customers: The delivery costs are CHF 9 per order (Economy Package). From an order value of CHF 185, delivery is free of charge.
(d) Payment can be made by credit card, Paypal, advance payment or invoice. Pakka may refuse individual payment options for certain customers without giving reasons.
(e) Your credit card or Paypal account will be debited when the contract is concluded. You are obliged to pay invoices within 30 calendar days of the invoice date.
(f) The full purchase price must be credited to the bank account indicated on the invoice by the last day of the payment period. The customer is automatically in default upon expiry of the payment period.
3.4. Best before date on delivery
We guarantee the following minimum shelf lives for our products per customer group on delivery:
- Wholesaler: ≥ 6 months
- Reseller (Retail): ≥ 3 months
- end user: ≥ 1 month
For special requirements regarding durability, please contact
(a) Pakka may issue vouchers. Vouchers are not cumulative and can be redeemed for each order before the order process is completed by entering the voucher code; subsequent crediting is excluded. The credit balance of a voucher will not be paid out or bear interest.
(b) If the credit balance of a voucher is not sufficient for the order, the difference can be balanced with the offered payment options.
(c) Vouchers are transferable. Pakka declines all liability in the event of loss, theft or misuse of vouchers.
((a) Pakka may withdraw from an order at any time prior to delivery of the goods without giving reasons. Any purchase price payments already received will be refunded to the customer.
4. LIMITATION AND EXTENSION OF NUT SUBSCRIPTIONS
(a) Pakka’s nut subscriptions are annual subscriptions and therefore limited to one year.
(b) Towards the end of the subscription period, Pakka will send you a reminder e-mail informing you that the Nut Subscription is about to expire. With your express written consent, the Nut Subscription will be extended for a further year.
5. WARRANTY OF QUALITY
(a) The customer must inspect the goods immediately upon receipt of the delivery for any obvious material defects and notify Pakka in writing immediately upon receipt of the delivery. Goods not ordered must also be reported immediately. Hidden defects must be reported in writing immediately after their discovery. Qualitative defects (impurities, discoloration, spoilage, etc.) are only considered to be material defects if they occur before the expiry date.
(b) In the case of material defects, you have the exclusive right to demand defect-free replacement. Claims for price reduction or rescission of the contract are excluded if legally permissible. Pakka may grant you a credit note in lieu of the replacement goods.
(c) Notices of defects must be made in writing to the following address:
(d) The limitations of liability agreed in accordance with the GTC shall remain reserved (see Art. 6. GTC)..
(a) Except where expressly provided otherwise in these terms and conditions, Pakka’s liability for all direct and indirect damages (such as loss of profit, loss of savings or third party claims) is excluded. However, liability is limited in amount to the damages foreseeable and typical for the contract at the time of conclusion of the contract.
7. APPLICABLE LAW AND PLACE OF JURISDICTION
(a) These GTC are subject to Swiss substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods (“Vienna Sales Convention”). The exclusive place of jurisdiction for disputes arising from or in connection with these GTCs is Zurich.
Value added tax number in Switzerland: CHE-113.802.860 MWST