Terms of use
terms-of-use
The author accepts no liability for the correctness, accuracy, up-to-dateness, reliability and completeness of the information provided. Liability claims relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are fundamentally excluded. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer / content without prior notice or to cease publication temporarily or permanently.
Liability for links
References and links to third-party websites are outside our area of responsibility. Access to and use of such websites is at the user's own risk.
Copyrights
Copyrights and all other rights to content, images, photos or other files on the website belong exclusively to ITALIAN COFFEE AG or the specifically named rights holders. The written consent of the rights holders must be obtained in advance for the reproduction of any elements.
Data protection
Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (Data Protection Act, DSG), every person is entitled to protection of their privacy and protection against misuse of their personal data. We comply with these provisions. Personal data is treated as strictly confidential and is neither sold nor passed on to third parties. In close cooperation with our hosting partners, we make every effort to protect the databases as well as possible against unauthorized access, loss, misuse or falsification. When you access our website, the following data is stored in log files: IP address, date, time, browser request and generally transmitted information about the operating system or browser. This usage data forms the basis for statistical, anonymous evaluations so that trends can be identified, which we can use to improve our offers accordingly.
GENERAL
Unless otherwise agreed in writing, the following General Terms and Conditions apply to all business transactions. The General Terms and Conditions are agreed upon when an order is placed.
Order and offers
The buyer undertakes to place an order with Italian Coffee AG. The order is placed verbally or in writing. Italian Coffee AG shall not be bound until it has confirmed in writing that the order will be executed. The purchaser is responsible for the accuracy of the order and for ensuring that Italian Coffee AG receives all information regarding the ordered product(s) within seven days of receipt of the order. Cancellation of the contract by the buyer is only possible as long as Italian Coffee AG or its suppliers have not carried out any production measures with regard to the ordered good(s); Italian Coffee AG shall be indemnified for any resulting damages/costs.
If the goods are manufactured or otherwise processed by Italian Coffee AG and the buyer has a specification for this, Italian Coffee AG shall be indemnified for all damages/costs arising therefrom.
If the goods are manufactured or otherwise processed by Italian Coffee AG, Italian Coffee AG shall be indemnified for all damages/costs arising therefrom.
If the goods are manufactured or otherwise processed by Italian Coffee AG and the purchaser has submitted a specification for this purpose, the purchaser shall indemnify Italian Coffee AG against any loss, damage, claim, costs or other expenses if the manufacture, treatment or processing of the goods in accordance with the contract on the basis of this specification of the purchaser proves or has proved to be an infringement of a patent, copyright, trademark or other industrial property right of a third party. Irrespective of this, Italian Coffee AG reserves the right to change descriptions of our goods with regard to the buyer's specifications, provided that legal requirements are to be taken into account and provided that this change does not result in a deterioration of the order in terms of quality and usability.
The offers of Italian Coffee AG are subject to change and non-binding and only become binding upon written confirmation in accordance with the aforementioned provisions of these General Terms and Conditions.
Italian Coffee AG is entitled to change and improve the goods without having to inform the buyer in advance, provided that the change or improvement does not permanently affect or deteriorate the form or function of the goods.
Prices
The prices of the online shop are inclusive of VAT, shipping and packaging costs are shown separately. The prices are subject to change and can be changed at any time. The prices charged are those valid on the day of the order.
Disposal and disposal costs
Disposal of the goods is not included in the price. No disposal fee is charged at the time of purchase; this is due in the event of any disposal by Italian Coffee AG and will be charged to the buyer on the basis of the current disposal price list in addition to the processing costs.
Delivery time
Italian Coffee AG endeavors to meet the specified delivery times, but cannot accept any liability. Cases of force majeure are not the responsibility of Italian Coffee AG and entitle it to extend agreed delivery times. The delivery periods are automatically extended by the duration of the delay. Cases of force majeure include in particular, but are not limited to, a plant shutdown/breakdown for which we are not responsible, strikes or official orders. In the event of delay, the buyer is obliged to set a reasonable grace period.
Dispatch and assembly
Italian Coffee AG delivers ex warehouse at the buyer's expense to the specified address or to the valley station. Ground-level locations such as incoming goods, ramp, warehouse, workshop are considered unloading points. Transportation/installation within the building shall be at the buyer's expense. For special transportation, the buyer must provide assistants, elevators or cranes at his own expense. The assembly site must be prepared accordingly. If goods have to be relocated, the additional costs shall be borne by the Buyer. Partial deliveries are permissible. Changes after receipt of the order shall be invoiced to the Buyer additionally.
The goods shall travel at the risk of the recipient. In the case of delivery by truck, transport damage must be reported to the driver of the vehicle immediately upon arrival of the goods. The damage must be noted twice on the delivery bill. The LSVA shall be borne by the buyer. In the case of rail or postal transportation, the recipient undertakes to obtain an inventory from the transport company for any transport damage. Shipping to private individuals is always cash on delivery.
If the buyer is in default of acceptance, Italian Coffee AG is entitled to store the goods at the risk and expense of the buyer.
If assembly and commissioning cannot be carried out in one step for reasons for which Italian Coffee AG is not responsible, the additional costs shall be borne by the buyer.
Payment terms
The following payment methods are available in our store: Master Card, Visa, PayPal, ApplePay, GooglePay, PostFinance, Post Card, Sofort Überweisung, Twint
Transfer
You will receive an invoice by email after placing your order. The invoice amount shown on it is due and payable immediately. The order will not be processed until the invoice amount has been received in full.
Cash on delivery
If you choose the cash on delivery payment method, an additional CHF 50.00 will be charged for transportation with our transport service provider
Paypal
You pay the invoice amount via the online provider Paypal. You must always be registered there or register first, legitimize with your access data and confirm the payment order to us. You will receive further instructions during the ordering process.
Payments must be made in Swiss francs (CHF). The day on which Italian Coffee AG can dispose of the amount is decisive for the receipt of payment. The purchaser waives the right to offset any claims against Italian Coffee AG against the purchase price.
Default
If the purchaser exceeds a payment deadline, he/she shall be in default without prior reminder and Italian Coffee AG shall be entitled to charge him/her additional default interest of at least 6% of the amount owed. Italian Coffee AG reserves the right to withdraw from the contract if the buyer is in default of payment.
Retention of title
All purchased items remain the property of Italian Coffee AG until full payment has been made, and Italian Coffee AG reserves the right to register the retention of title.
Warranty and exclusion of liability
The statutory warranty obligation of Italian Coffee AG for defects is hereby excluded. It is replaced by the purchaser's right to rectification free of charge if he notifies Italian Coffee AG of the defect within the agreed warranty period. The warranty period begins on the day of delivery. In the event of a recognized defect, Italian Coffee AG reserves the right to rectify the defect by repair or to make a replacement delivery against return of the goods; further claims of the purchaser against Italian Coffee AG remain reserved if the rectification is not successful even on the second attempt. Italian Coffee AG reserves the right to replace parts of the purchased item instead of repairing it. Replaced parts become the property of Italian Coffee AG. The warranty for Italian Coffee AG goods does not extend to product defects caused by incorrect installation or use, misuse, negligence or other reasons on the part of the purchaser or third parties. Furthermore, no warranty is assumed for malfunctions or damage to our goods, in particular, but not exclusively, for the following reasons:
Inappropriate or improper use or negligent handling of the goods by the buyer and / or third parties.
Faulty assembly or commissioning of the goods by the buyer and / or third parties.
Deviation from agreed or customary operating conditions or failure to follow the Buyer's instructions in accordance with these GTC.
Non-compliance with the operating instructions or prescribed operating data or failure to perform the maintenance specified in the operating instructions by the Buyer and / or third parties.
Natural wear and tear shall not be deemed a defect. (Example: calcification)
The warranty period shall not be changed by the rectification, but shall continue to run without interruption. For newly installed parts, the remaining warranty period of the replaced parts shall apply. The buyer is not entitled to compensation for any direct or indirect damage caused by the defect of the purchased item (e.g. loss of profit, damage to the goods, loss of production, etc.).
The buyer is obliged to check the goods immediately upon receipt for completeness, correctness and other freedom from defects and to address any complaints in writing to Italian Coffee AG within 2 days of receipt, otherwise the corresponding warranty rights expire.
This exclusion of liability applies both to contractual and, to the extent permitted by law, to non-contractual claims.
Applicable law
Swiss law applies.
Jurisdiction
The place of jurisdiction is the Commercial Court of Zurich