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TERMS & CONDITIONS

GENERAL CONDITIONS OF SALE FOR ONLINE PURCHASES ON THE ALPROSE ONLINE STORE

 

Identity of the seller

Chocolat Alprose SA

Via Rompada 36

6987 Caslano

Switzerland

VAT CHE.102.413.218 / VAT DE238556837

E-mail :            museum@alprose.ch

Site Web :       www.alprose.ch

 

 

  1. Applicability

1.1 These general sale conditions apply to all offers, orders and contracts for the purchase of products on the Alprose online store.

1.2 These general sale conditions prevail over the general conditions of a buyer or his representatives which would be included or to which would be referred to in an order(s), in an e-mail or in another document. Any deviation from these general conditions is only valid if it has been previously approved by Alprose in writing.

 

  1. Sales Offers / Orders

2.1 The sales offers for products that can be purchased via the Alprose online store are only applicable for purchase for personal use.

2.2 Alprose may refuse orders if there are indications that the buyer is not 18 years old, that the quantities ordered or other elements indicate that they are not intended for personal use or the products are no longer in stock or cannot be delivered within the time specified in the order.

2.3 Sales offers including prices and delivery costs are only valid for the period specified on the site or in the Alprose online store and, in any case, always subject to product availability.

2.4 Subject to the provisions of articles 2.1 to 2.3, an order can only give rise to a binding sales contract if the electronic order form has been fully completed, the agreement with the conditions of sale has been confirmed and is accompanied by the payment of the order with one of the supplied credit cards accepted and crediting Alprose’s bank account.

 

  1. Price and payment

3.1 The sales contract is concluded at the prices indicated at the time of placing the electronic order in the online store for the products ordered. The prices indicated for the products are expressed in Swiss Francs and include VAT. Delivery costs (and any return costs) are not included in the prices indicated for the products and are mentioned separately.

3.2 The price of the products purchased, including delivery costs, must be paid in full by the buyer when placing the electronic order using one of the payment cards listed on the webshop.

  1. Delivery

4.1 The delivery times indicated by the buyer in the electronic order form are only indicative. Alprose will make all reasonable efforts to meet the delivery date or period specified by Alprose. Alprose may temporarily suspend deliveries – without this being considered as late execution – if this is appropriate having regard to the nature of the products due to climatic conditions (such as unusually high temperatures).

4.2 Deliveries will be validly made to the address indicated in the electronic order form. In the event that an incorrect delivery address is provided by the buyer, Alprose may charge the buyer for additional delivery costs.

 

  1. Risk and ownership

5.1 The risk of loss, damage and theft passes to the purchaser upon delivery to the delivery address indicated on the electronic order form. In the event that the buyer is absent during delivery and remains in default of recovering the delivered goods after having received a written reminder, Alprose shall have the right to store the goods at the buyer’s risk and expense in its own warehouses and, after the expiration of 4 weeks, to destroy them without any refund being due to the buyer.

5.2 The products remain the property of Alprose until full and final payment of the amounts invoiced for the goods.

 

 

 

  1. Returns/complaints, guarantees and liability

6.1 Alprose guarantees that the products meet the stated specifications (including their expiration date) and will be free from visible and hidden defects. No other warranty is given.

6.2 Any complaint concerning the differences between the quantities ordered and the quantities delivered and concerning visible defects must be notified in writing to Alprose writing to museum@alprose.ch within two (2) working days from delivery. Any complaint concerning the quality of the products must be communicated in writing within one month of delivery and, in any case, before the expiration date of the products indicated, taking into consideration that storage instructions must be followed.

6.3 Alprose’s liability for any damage or loss suffered by the buyer as a result of a breach of contract, a wrongful act or a breach of legal obligations will be – regardless of the replacement or, at Alprose’s option, of the reimbursement of the price paid by the buyer for products proving to be defective – in any case limited to an amount equal to the price paid by the buyer for those products proving to be defective which caused the damage or loss.

6.4 Alprose can under no circumstances be held liable for any indirect damage of any kind, whatever the cause and regardless of whether it results from a breach of contract or a wrongful act or a violation of legal obligations.

Articles 197 and following of the Swiss Code of Obligations (CO) shall apply.

 

In any case, we will individually assess the reason for the return to offer our customers the best possible solution.

 

 

  1. Force majeure

Alprose is not responsible for any loss or damage that the buyer may suffer as a direct or indirect consequence of the fact that the delivery of the products is hindered or delayed or made impossible, considerably more difficult, more expensive or unprofitable by circumstances or events beyond Alprose’s reasonable control, including (but not limited to) force majeure, war, riot, strike, lockout, commercial disputes, accident, plant or machinery failure, fire, flood or storm.

 

  1. Non-execution and Resolution

Without prejudice to other rights, Alprose may terminate with immediate effect the sales contract(s) concluded with the buyer under this expressly resolutive clause in the event that the buyer is guilty of a contractual non-performance for which no repair is possible or, when a repair is possible, that the buyer has not rectified within ten (10) calendar days of receiving a reminder by e-mail, fax or registered letter.

 

  1. Intellectual property rights

Alprose remains the exclusive owner of all intellectual property rights relating to its products and packaging, including specifications and recipes.

 

  1. Miscellaneous

10.1 These general conditions of sale, orders and sales contracts are subject to Swiss law. The application of the Vienna Convention on Contracts of Sale is expressly excluded. The Federal courts of Lugano have jurisdiction over any disputes that may arise, without prejudice to Alprose’s right to summon the buyer to the courts of the jurisdiction in which the domicile or registered office or a branch of the buyer is located.

10.2 If any provision (or part thereof) of these general conditions of sale is null or inapplicable, this provision (or the null and unenforceable part thereof) will be separated from the other general conditions of sale which will remain in force. In this case, the null or unenforceable provision will be adjusted to the extent necessary so that, taking into account the applicable legal provisions, it is fully and, if this is not possible, partially, valid and enforceable.

10.3 The failure or delay of a party to invoke a provision of these general conditions of sale cannot be interpreted as a waiver of this provision or of a right defined therein.

PRIVACY

GENERAL CONDITIONS OF SALE FOR ONLINE PURCHASES ON THE ALPROSE ONLINE STORE

 

Identity of the seller

Chocolat Alprose SA

Via Rompada 36

6987 Caslano

Switzerland

VAT CHE.102.413.218 / VAT DE238556837

E-mail :            museum@alprose.ch

Site Web :       www.alprose.ch

 

 

  1. Applicability

1.1 These general sale conditions apply to all offers, orders and contracts for the purchase of products on the Alprose online store.

1.2 These general sale conditions prevail over the general conditions of a buyer or his representatives which would be included or to which would be referred to in an order(s), in an e-mail or in another document. Any deviation from these general conditions is only valid if it has been previously approved by Alprose in writing.

 

  1. Sales Offers / Orders

2.1 The sales offers for products that can be purchased via the Alprose online store are only applicable for purchase for personal use.

2.2 Alprose may refuse orders if there are indications that the buyer is not 18 years old, that the quantities ordered or other elements indicate that they are not intended for personal use or the products are no longer in stock or cannot be delivered within the time specified in the order.

2.3 Sales offers including prices and delivery costs are only valid for the period specified on the site or in the Alprose online store and, in any case, always subject to product availability.

2.4 Subject to the provisions of articles 2.1 to 2.3, an order can only give rise to a binding sales contract if the electronic order form has been fully completed, the agreement with the conditions of sale has been confirmed and is accompanied by the payment of the order with one of the supplied credit cards accepted and crediting Alprose’s bank account.

 

  1. Price and payment

3.1 The sales contract is concluded at the prices indicated at the time of placing the electronic order in the online store for the products ordered. The prices indicated for the products are expressed in Swiss Francs and include VAT. Delivery costs (and any return costs) are not included in the prices indicated for the products and are mentioned separately.

3.2 The price of the products purchased, including delivery costs, must be paid in full by the buyer when placing the electronic order using one of the payment cards listed on the webshop.

  1. Delivery

4.1 The delivery times indicated by the buyer in the electronic order form are only indicative. Alprose will make all reasonable efforts to meet the delivery date or period specified by Alprose. Alprose may temporarily suspend deliveries – without this being considered as late execution – if this is appropriate having regard to the nature of the products due to climatic conditions (such as unusually high temperatures).

4.2 Deliveries will be validly made to the address indicated in the electronic order form. In the event that an incorrect delivery address is provided by the buyer, Alprose may charge the buyer for additional delivery costs.

 

  1. Risk and ownership

5.1 The risk of loss, damage and theft passes to the purchaser upon delivery to the delivery address indicated on the electronic order form. In the event that the buyer is absent during delivery and remains in default of recovering the delivered goods after having received a written reminder, Alprose shall have the right to store the goods at the buyer’s risk and expense in its own warehouses and, after the expiration of 4 weeks, to destroy them without any refund being due to the buyer.

5.2 The products remain the property of Alprose until full and final payment of the amounts invoiced for the goods.

 

 

 

  1. Returns/complaints, guarantees and liability

6.1 Alprose guarantees that the products meet the stated specifications (including their expiration date) and will be free from visible and hidden defects. No other warranty is given.

6.2 Any complaint concerning the differences between the quantities ordered and the quantities delivered and concerning visible defects must be notified in writing to Alprose writing to museum@alprose.ch within two (2) working days from delivery. Any complaint concerning the quality of the products must be communicated in writing within one month of delivery and, in any case, before the expiration date of the products indicated, taking into consideration that storage instructions must be followed.

6.3 Alprose’s liability for any damage or loss suffered by the buyer as a result of a breach of contract, a wrongful act or a breach of legal obligations will be – regardless of the replacement or, at Alprose’s option, of the reimbursement of the price paid by the buyer for products proving to be defective – in any case limited to an amount equal to the price paid by the buyer for those products proving to be defective which caused the damage or loss.

6.4 Alprose can under no circumstances be held liable for any indirect damage of any kind, whatever the cause and regardless of whether it results from a breach of contract or a wrongful act or a violation of legal obligations.

Articles 197 and following of the Swiss Code of Obligations (CO) shall apply.

 

In any case, we will individually assess the reason for the return to offer our customers the best possible solution.

 

 

  1. Force majeure

Alprose is not responsible for any loss or damage that the buyer may suffer as a direct or indirect consequence of the fact that the delivery of the products is hindered or delayed or made impossible, considerably more difficult, more expensive or unprofitable by circumstances or events beyond Alprose’s reasonable control, including (but not limited to) force majeure, war, riot, strike, lockout, commercial disputes, accident, plant or machinery failure, fire, flood or storm.

 

  1. Non-execution and Resolution

Without prejudice to other rights, Alprose may terminate with immediate effect the sales contract(s) concluded with the buyer under this expressly resolutive clause in the event that the buyer is guilty of a contractual non-performance for which no repair is possible or, when a repair is possible, that the buyer has not rectified within ten (10) calendar days of receiving a reminder by e-mail, fax or registered letter.

 

  1. Intellectual property rights

Alprose remains the exclusive owner of all intellectual property rights relating to its products and packaging, including specifications and recipes.

 

  1. Miscellaneous

10.1 These general conditions of sale, orders and sales contracts are subject to Swiss law. The application of the Vienna Convention on Contracts of Sale is expressly excluded. The Federal courts of Lugano have jurisdiction over any disputes that may arise, without prejudice to Alprose’s right to summon the buyer to the courts of the jurisdiction in which the domicile or registered office or a branch of the buyer is located.

10.2 If any provision (or part thereof) of these general conditions of sale is null or inapplicable, this provision (or the null and unenforceable part thereof) will be separated from the other general conditions of sale which will remain in force. In this case, the null or unenforceable provision will be adjusted to the extent necessary so that, taking into account the applicable legal provisions, it is fully and, if this is not possible, partially, valid and enforceable.

10.3 The failure or delay of a party to invoke a provision of these general conditions of sale cannot be interpreted as a waiver of this provision or of a right defined therein.