General Terms and Conditions
1. scope of application
These General Terms and Conditions (GTC) apply to all orders placed by customers via the online store of Cheezy, swissmooh AG, Archstrasse 2, 8401 Winterthur (Switzerland), Email: gruezi@cheezy.ch, UID: CHE-116.172.908 (Seller).
These terms and conditions can be accessed, saved and printed out under the following link .
With the order of the goods these conditions are considered as accepted. Deviating conditions require the express written confirmation of the seller.
The general terms and conditions apply in the version valid at the time of the conclusion of the contract.
The seller reserves the right to update these terms and conditions at any time. By using the online shop, the customer accepts the currently valid version of the AGB.
2. subject matter and language of the contract
The offer in the online shop is directed exclusively at consumers of full age who have their habitual residence in Switzerland and can provide a delivery address in Switzerland.
3. offer and conclusion of contract
All information in the online shop (product descriptions, illustrations, films, technical specifications, weights etc.) are approximate values and in particular do not represent any assurance of properties or guarantees, unless explicitly stated otherwise.
The presentation of the products in the online shop is not a legally binding offer, but the invitation to order. Information on availability and delivery times are therefore without guarantee.
A legally binding offer to conclude a contract is triggered when the customer has entered all the data required for the execution of the contract, has confirmed that he has taken note of these GTC and the data protection provisions and has clicked the "Order" button.
Upon receipt of the order, the seller will confirm the receipt of the order. The purchase contract is concluded as soon as the seller confirms the dispatch of the order by e-mail. For the scope and delivery of the order, the content of the confirmation is decisive or has been effectively delivered by delivery.
The seller reserves the right to accept the order. The seller is not obliged to conclude a contract based on an order.
4. prices and shipping costs
The prices are unit prices per piece of cheese and are not calculated exactly to the gram - smaller weight deviations are therefore possible.
The prices quoted include the statutory value added tax and are net in Swiss francs. The seller reserves the right to change the prices at any time. For customers, the prices published in the online shop on the order date shall apply.
In addition to the indicated prices, the customer may be charged shipping costs depending on the delivery address or product quantity. The exact shipping costs are shown separately to the customer during the ordering process.
The purchase price is due for payment upon conclusion of the purchase contract. Orders will be delivered only after full payment has been received.
Products delivered to the customer remain the property of the seller until full payment has been received.
5. payment methods
The customer has the payment options indicated in the order process at his disposal.
The Cheezy subscription can be paid with most major credit cards (Visa, Mastercard, American Express, Discover, Diners Club, JCB). For one-time purchases, payment is generally possible via Twint, Paypal, Visa, Mastercard or American Express. For purchase on account with installment facility (POWERPAY) the following information applies: MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the single invoice you can easily pay your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order summary in the following month.
When you conclude the purchase contract, POWERPAY takes over the invoice claim that has arisen and handles the corresponding payment modalities. When purchasing on account, you accept the terms and conditions of POWERPAY in addition to our terms and conditions.(powerpay.ch/en/agb).
If the credit card payment method is selected, the credit card will only be charged at the time of shipment of the ordered goods, before that only an amount will be reserved for the customer on the corresponding credit card account.
In case of default of payment, the seller is entitled to demand default interest of 5% of the invoice amount. The Vendor reserves the right to send the Customer a reminder in advance, whereby the reminder fee is CHF 20.00 per reminder.
6. terms of delivery
Delivery is only made to delivery addresses within Switzerland.
Unless otherwise stated in the offer, the standard delivery time is 1-2 working days, with planned delivery to the customer by the shipping service provider commissioned by the seller on Friday at a fixed time. The customer is free to agree other delivery times with the shipping service provider if possible. If possible, the delivery status can be called up and tracked via the shipping service provider - although the seller cannot guarantee this service provided by the shipping service provider.
The seller expressly reserves the right to change the delivery date and time. General changes will be communicated on our website www.cheezy.ch or in the customer letter or by mail. Changes to individual deliveries (in particular delivery period) can be viewed online at the shipping service provider or discussed with him.
If the seller cannot have the goods delivered to the customer on the agreed day, the seller shall inform the customer immediately, if necessary stating the new expected delivery period. If the new delivery period is not acceptable for the customer or if the products are partly or not at all available within the new delivery period, both parties to the contract are entitled to withdraw from the contract with regard to the products concerned. Any payment already made by the Customer in respect of the unavailable Products shall be refunded to the Customer without delay.
The seller is not liable for delays in delivery caused by manufacturing companies, the shipping service provider or third parties. The customer will be informed immediately of any delays in delivery known to the seller.
With the handover of the goods to the shipping service provider - as far as legally permissible - the benefit and risk are transferred to the customer.
Since cheese is a perishable product, the customer shall take appropriate precautions to ensure that it is accepted at the agreed delivery time, for example by accepting the goods himself, by assigning a person to accept the goods at the delivery address provided or by agreeing delivery times with the delivery service provider.
If the delivery cannot be delivered, the seller can withdraw from the contract and charge the customer for the expenses incurred.
7. duty to inspect and notification of defects
The customer is obliged to check the delivered products immediately after receipt of the delivery and to inform the seller immediately in writing (letter or email) of any defects detected. If the customer fails to do so, the products shall be deemed free of defects and approved.
Defects which were not recognisable during proper inspection must be notified to the Vendor in writing (letter or e-mail) immediately after their discovery, otherwise the products shall be deemed to be free of defects and approved with regard to these defects as well.
8. weight deviation
Our cheeses are cut by hand, which is why there may be weight variations in the cheese pieces. The seller will make every effort to compensate for deviations within a package as far as possible and to keep the total weight ordered as accurately as possible. Deviations cannot be objected to.
9. Substitution of non-deliverable varieties
Our store is constantly updated. Nevertheless, it can happen exceptionally that a single cheese is actually not available despite the listed "available" status. In this case, we take the liberty of replacing the ordered cheese that is not available with a similar variety. The customer will be informed of the replacement by a letter sent directly with the cheese box .
10. warranty
The seller shall endeavour to deliver goods of perfect quality. Excluded from the warranty are damages that cannot be proven to have been caused by poor quality of the products, inadequate packaging or other reasons for which the seller is not responsible.
The seller shall assume the warranty for defects notified in due time. This shall be effected at the Vendor's discretion by means of an equivalent replacement or by reimbursement of the purchase price. Further claims are excluded. Any products returned by customers shall become the property of the seller again.
If the subsequent delivery fails due to considerable defects, the customer is entitled to withdraw from the contract.
Compensation for any further damage is excluded, in particular any liability for indirect damage and consequential damage caused by defects is excluded to the extent permitted by law.
11. termination
The cancellation of a subscription is possible at any time. The cancellation must be submitted to the seller or received in writing on Tuesday 23:59 before the next delivery.
12. data protection
The collection and processing of personal data about the customer by the seller is explained in the privacy policy. The privacy policy is available at this link.
The seller reserves the right to adapt the data protection regulations at any time. The respective current data protection declaration as published on the portal shall apply.
13. data protection
The Vendor reserves the right to assign or pledge to third parties the due purchase price claims against the Customer arising in connection with delivered orders, including any instalments due, interest on arrears and reminder fees.
14. liability for online connection
The Seller undertakes to ensure up-to-date security in systems, programs, etc., which belong to it and over which it has influence, and to comply with the rules of data protection.
The customer must ensure the security of the systems, programs and data that are within his sphere of influence. In his own interest, the customer should keep passwords and user names secret from third parties.
The Seller shall not be liable for defects and malfunctions for which it is not responsible, in particular for safety defects and operational failures of third parties with whom it cooperates or on whom it is dependent.
Furthermore, the seller shall not be liable for force majeure, improper action and disregard of risks on the part of the customer or third parties, excessive strain, unsuitable equipment of the customer or third parties, extreme environmental influences, interventions by the customer or disturbances by third parties (viruses, worms, etc.), which occur despite the necessary current safety precautions.
15. password
The customer undertakes to treat the access data provided to the system and the passwords set up for this purpose with the utmost confidentiality and care.
16 Jurisdiction and Applicable Law
Swiss law applies exclusively, namely the regulations of the Code of Obligations. The application of conflict of laws norms and the UN Convention on Contracts for the International Sale of Goods is explicitly excluded.
For disputes arising from or in connection with these General Terms and Conditions, the competent court in Winterthur/ZH shall have exclusive jurisdiction. Mandatory legal jurisdictions remain reserved.
17. final provisions
Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. The ineffective provisions shall be replaced by the relevant legal provisions by analogy.
Status: 27.04.2023