AGBs

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 GTC can be accessed, saved and printed at the following link .

These terms and conditions shall be deemed accepted upon ordering the goods. Deviating conditions require the express written confirmation of the seller.

The GTC in the version valid at the time the contract is concluded shall apply.

The seller reserves the right to update these GTC at any time. By using the online store, the customer acknowledges the currently valid version of the GTC.

2. subject matter and language of the contract

The offer in the online store is aimed exclusively at consumers of legal 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 store (product descriptions, illustrations, films, technical specifications, weights, etc.) are approximate values and in particular do not constitute an assurance of properties or guarantees, unless explicitly stated otherwise.

The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to order. Information on availability and delivery times is therefore without guarantee.

A legally binding offer to conclude a contract is triggered when the customer has entered all the data required to execute the contract, confirmed that they have read these GTC and the data protection provisions and clicked on the "Order" button.

After receipt of the order, the seller confirms receipt of the order. The purchase contract is concluded as soon as the seller confirms the dispatch of the order by e-mail. The scope and delivery of the order shall be determined by the content of the confirmation or by the actual delivery.

The seller reserves the right to accept the order. The seller is not obliged to conclude a contract on the basis of an order.

4. prices and shipping costs

The prices are unit prices per piece of cheese and are not calculated exactly to the gram - minor weight deviations are therefore possible.

The prices quoted include statutory VAT and are net prices in Swiss francs. The seller reserves the right to change the prices at any time. The prices published in the online store on the order date apply to customers.

In addition to the prices stated, the customer may be charged shipping costs depending on the delivery address or product quantity. The exact shipping costs will be shown to the customer separately during the ordering process.

The purchase price is due for payment upon conclusion of the purchase contract. Orders will only be delivered after full payment has been received.

Products delivered to the customer remain the property of the seller until full payment has been made.

Unfortunately, it is not possible to offset discount codes retrospectively. Discounts must be redeemed directly during the order process.

5. payment options

The customer has the payment options specified in the order process at his disposal.

The Cheezy subscription can be paid for with most major credit cards (Visa, Mastercard, American Express, Discover, Diners Club, JCB). For one-off purchases, payment is generally possible via Twint, Paypal, Visa, Mastercard or American Express. The following information applies to purchase on account with installment facility (POWERPAY): MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the single invoice, you can simply pay for your online purchase by invoice. If you decide not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month.

When the purchase contract is concluded, POWERPAY takes over the invoice claim and processes the corresponding payment modalities. When purchasing on account, you accept POWERPAY's GTC in addition to our GTC.(powerpay.ch/en/agb).

If the credit card payment method is selected, the credit card will only be debited at the time of dispatch of the ordered goods; prior to this, the customer will only have an amount reserved on the corresponding credit card account.

In the event of late payment, the seller shall be entitled to charge interest on arrears amounting to 5% of the invoice total. The seller 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 scheduled delivery to the customer by the shipping service provider commissioned by the seller on Fridays at a specified time. The customer is free to agree other delivery times with the shipping service provider if possible. The delivery status can be called up and tracked via the shipping service provider if possible - whereby the seller cannot assume any guarantee for this service provided by the shipping service provider.

The seller expressly reserves the right to make changes to the delivery date and period. General changes will be communicated on our website www.cheezy.ch or in the customer letter or by e-mail. Changes to individual deliveries (in particular the delivery period) can, if possible, be viewed online with the shipping service provider or agreed with them.

If the Seller is unable to have the goods delivered to the Customer on the agreed date, it shall inform the Customer of this immediately, stating the new expected delivery period if applicable. If the new delivery period is not acceptable to the customer or if the products are no longer available in part or at all within the new delivery period, both contracting parties shall be 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 shall not be liable for delays in delivery caused by manufacturers, the shipping service provider or third parties. The customer shall be informed immediately of any delays in delivery known to the seller.

When the goods are handed over to the shipping service provider, the benefits and risks are transferred to the customer, insofar as this is legally permissible.

As cheese is a perishable product, the customer must ensure that it is accepted at the agreed delivery time by taking suitable precautions, for example by accepting the goods himself, instructing a person to accept them at the delivery address provided or agreeing delivery times with the shipping service provider.

If the delivery cannot be delivered, the seller may withdraw from the contract and charge the customer for the expenses incurred.

7. inspection obligation and notice of defects

The customer is obliged to inspect the delivered products immediately upon receipt of the delivery and to notify the seller immediately in writing (letter or email) of any defects detected. If the customer fails to do so, the products shall be deemed to be free of defects and approved.

Defects that were not recognizable during proper inspection must be reported to the seller in writing (letter or e-mail) immediately after discovery, otherwise the products shall also be deemed free of defects and approved with regard to these defects.

8. weight deviation

Our cheeses are cut by hand, which is why there may be weight deviations in the pieces of cheese. The seller endeavors to compensate for deviations within a package as far as possible and to keep to the total weight ordered as accurately as possible. No complaints can be made about deviations.

9. Substitution of unavailable varieties

Our store is constantly updated. Nevertheless, it may exceptionally happen that an individual cheese is actually not available despite the listed "available" status. In this case, we take the liberty of replacing the unavailable cheese with a similar variety. The customer will be informed of the replacement by a letter sent directly to cheese box .

10. warranty 

The Seller shall endeavor to deliver goods of perfect quality. Excluded from the warranty are damages that are not demonstrably due to poor quality of the products, defective packaging or other reasons for which the seller is not responsible.

In the event of defects notified in good time, the seller shall assume the warranty. This shall take the form of a replacement of equal value or a refund of the purchase price, at the discretion of the seller. Further claims are excluded. Any products returned by the customer shall become the property of the seller again.

If the subsequent delivery fails in the case of significant 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

Subscriptions can be canceled at any time. Cancellation must be submitted to the seller or received in writing by 23:59 on the Tuesday 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 amend the data protection provisions at any time. The current privacy policy as published on the portal shall apply.

13. data protection

 The Seller reserves the right to assign or pledge to third parties the purchase price claims due from the Customer in connection with delivered orders, including any installments due, default interest and reminder fees.

14 Liability for online connection

 The Vendor undertakes to ensure state-of-the-art security in systems, programs, etc. belonging 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 disruptions for which it is not responsible, in particular not for safety defects and operational failures of third-party companies with which it cooperates or on which it is dependent.

Furthermore, the Vendor shall not be liable for force majeure, improper action and disregard of risks on the part of the Customer or third parties, excessive use, unsuitable operating resources of the Customer or third parties, extreme environmental influences, interventions by the Customer or disruptions by third parties (viruses, worms, etc.) that occur despite the necessary current safety precautions.

15. password

The customer undertakes to treat the access data provided for the system and the passwords set up for this purpose as strictly confidential and with the utmost care.

16 Place of jurisdiction and applicable law

Swiss law shall apply exclusively, in particular the provisions of the Swiss Code of Obligations. The application of conflict of laws standards and the UN Convention on Contracts for the International Sale of Goods is explicitly excluded.

The competent court in Winterthur/ZH shall have exclusive jurisdiction for disputes arising from or in connection with these GTC. Mandatory legal jurisdictions remain reserved.

17 Final provisions

Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced mutatis mutandis by the relevant statutory provisions.

Status: 27.04.2023