Terms & Conditions Distrofood

Scope and provider

  1. These General Terms and Conditions apply to all your purchase orders placed at the online shop of Distrofood KLG, Neugrubenstrasse 40, 9500 Wil SG, Switzerland and any contract between you and us for the sale of products to you from our online shop (Contract). Please read these General Terms and Conditions carefully and make sure that you understand them, before ordering any products from our online shop. Please note that before placing an order you will be asked to agree to these General Terms and Conditions. If you refuse to accept these General Terms and Conditions, you will not be able to order any products from our online shop. You can contact us online via our contact form on the webpage.
  2. The products offered in our online shop are only available for purchase by persons who are 18 years or older and by persons who are not a consumer. You confirm that you have authority to bind any business on whose behalf you use our site to purchase products.
  3. We provide our deliveries, services and offers and enter into any Contract exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions apply also to all future Contracts even if they are not explicitly agreed again. These General Terms and Conditions and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You acknowledge that in entering into the Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these General Terms and Conditions or any document expressly referred to in them.
  4. The sole contract language shall be English.
  5. Conclusion of the Contract will be documented and stored at our location. Upon conclusion of the Contract, the text of the Contract will not be filed at our location and will therefore not be accessible by you.

Conclusion of contract

  1. Presentation of products in our online shop shall not represent a binding offer by us to conclude a purchase contract.
  2. After you have placed products into the "shopping cart", you can check and, if necessary, correct your entire order. You will make an offer of purchase only by clicking the "Order with obligation to pay" or similar button.
  3. Upon receipt of the offer of purchase, you will receive an automatically generated e-mail in which we acknowledge receipt of your order (acknowledgement of receipt). The acknowledgement of receipt does not mean acceptance of your offer of purchase. A contract is not concluded by sending the acknowledgement of receipt.
  4. A purchase contract for the products shall be concluded only when we expressly declare acceptance of the offer of purchase or when we ship the products to you without an express prior declaration of acceptance.
  5. Please note the minimum order value for delivery of products which is £ 1380.00 or 5 Cheebab spits of 20kg each and the maximum order amount for delivery of products which is 150 Cheebab spits of 20 kg each in each case.
  6. Please note that ordered products must be paid in advance and therefore before delivery will be proceeded (see Section 4 below). After placing an order, you will receive an invoice by e-mail. The invoice must be paid within 3 workdays after receiving the invoice. If payment is not received within the said period, your ordered products will not be reserved for delivery any longer.
  7. If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our online shop or due to an order quantity exceeding the stated maximum quantity per customer, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.

Prices, shipping charges

  1. The prices quoted on the product pages include value-added tax (where applicable) and the respective delivery charges from Switzerland to the and within the United Kingdom and Ireland. It is always possible that, despite our reasonable efforts, some of the products in our online shop may be incorrectly priced. If this happens then we will not be obliged to supply the products at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or endeavour to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.

Terms of payment; default

  1. Payment can be made by bank transfer. The bank account information will be presented to you in the e-mail accepting your purchase.
  2. If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

Set-off / right of retention

  1. You shall have a right of set-off only if your counter-claim has been become non-appealable or is not disputed by us.
  2. You may exercise a right of retention only to the extent your counter-claim is based on the same contractual relationship.

Delivery, delivery times, reservation of delivery

  1. Unless otherwise agreed, the products shall be delivered from our warehouse to the address you have specified.
  2. Delivery is possible to the and within the United Kingdom and Ireland.
  3. On delivery of each product to you the product shall be at your risk and responsibility and you will be responsible for its safekeeping. The product “Cheebab” will be delivered frozen and is to be stored at a temperature of –18° Celsius.
  4. Products ordered shall be delivered subject to availability of the products. Where products are not available for delivery at the time an order is placed, you shall be informed of the estimated delivery date. As soon as the products are available, they shall be sent to you.
  5. For deliveries within the United Kingdom and Ireland we will use reasonable endeavours to deliver the products on any specified date we agree, or if no date is specified, we will use reasonable endeavours to deliver the products within 2 to 3 weeks (excluding Sundays and public holidays) of the order acknowledgement.
  6. In the case of circumstances beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, pandemic, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports) we may not be able to deliver the products within the timescales specified in paragraph 5 and we will not be liable for any delay or failure to deliver the products if the delay or failure is wholly or partly caused by such circumstances.

Retention of title

  1. We shall retain title to the products until all receivables from the current business relationship have been completely paid. Any pledging or transfer by way of security prior to transfer of title to the products subject to retention of title shall not be permissible.
  2. We undertake to release on request the securities due to us to the extent to which the realisable value of our securities exceeds the receivables to be secured by more than 10%. We shall be free to select which securities shall be released.

Risk of transport, Damage in transit

  1. We bear the risk of transport until the product has been delivered to you. If products obviously damaged in transit are delivered, please notify such defects immediately to the delivery agent and please contact us within 3 days. Therefore you ensure to inspect the delivered goods immediately after reception for obvious damages of transportation.
  2. If defects are not reported within 3 days after reception, you forfeit your statutory and contractual warranty rights, subject to any mandatory statutory right of revocation. In addition, you help us to assert our own claims against the carrier or the transport insurance.

Liability

  1. We only supply the products for direct preparation and hereafter sale to consumers by your business, and you agree not to use the products in their delivered state for any resale purposes.
  2. Any resale of our products in their delivered state to any other party than to end-consumers is prohibited.
  3. Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of sales law. The warranty expires, as far as legally permissible, on the expiry date printed on.
  4. We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to products supplied or delivered under any contract, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, pandemic, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
  5. We are liable for damage resulting from willful intent and gross negligence. For slight negligence, we are liable for damage in accordance with the Swiss Product Liability Law and for damage resulting from death or personal injury.
  6. In addition, we are only liable for damage resulting from slight negligence in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on which the contractual partner can regularly rely (cardinal obligation). This limitation of liability also applies to our auxiliary staff.
  7. In any case, liability is limited to the price of the scope of delivery, as far as legally permissible.
  8. We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for: any loss of profits, sales, business, income or revenue; loss of savings; business interruption; loss of use or production; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.

Defective Products

  1. We provide a warranty that on delivery and for a period of 6 months from manufacturing the products shall be of satisfactory quality and free from material defects subject to the conditions set out below: a) You must inspect the products forthwith and in the case of a defect that is apparent on normal visual inspection notify us within 3 days of receipt of the products, or, in the case of a latent defect, within 3 days of the latent defect having become apparent. To meet the deadline, it shall be sufficient to dispatch your notice before expiry of the deadline. If you fail to give notification of any defects in accordance with the timescales set out above you shall be deemed to have accepted such products. b) In the event of any defect notified to us within the timescales set out above, we shall at our option repair or replace the defective products or repay the price of the defective products in full and we shall have no further liability to you in respect of any such defects. In latter two cases you are obliged to return the defective products to us. If we choose to replace the defective products, you have to store the products until they are returned to us in compliance with the quality requirements in accordance with Section 6 (3) above as well as with our user instruction manual. All further warranty claims by the customer are excluded to the extent permitted by law. c) The warranty in this Section 10 (1) does not apply to any defect in the products arising from: fair wear and tear; wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; if you fail to operate or use the products in accordance with the user instructions declared in the user instruction manual; any alteration or repair by you or by a third party who is not one of our authorised repairers.

Other provisions

  1. Should any of the provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions.
  2. If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  3. You may not assign or transfer your rights or obligations under any contract, unless we agree in writing.
  4. The parties agree, that, as far as legally permissible, only substantive Swiss law is applicable to contracts between us and you and any dispute between you and us arising out of or in connection with any contract (including non-contractual disputes or claims), excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention") and the conflict of laws rules of the Swiss international private law.
  5. The parties agree that the exclusive place of jurisdiction is Zurich, Canton Zurich, Switzerland, subject to mandatory statutory places of jurisdiction.
  6. These general terms and conditions replace all of our previous general terms and conditions.
  7. We may update, vary and amend these General Terms and Conditions from time to time without prior notice. Each time you order or otherwise purchase a product from us, the General Terms and Conditions in force at that time will apply (as set out on our online shop). Please check to ensure that you understand which General Terms and Conditions apply.

These General Terms and Conditions were last updated on 24. April 2021.