GENERAL TERMS AND CONDITIONS
1. Scope
These general terms and conditions apply to all orders that customers place via the Oro de Cacao Shop of Oro de Cacao AG.
The use of the online shop is subject to these general terms and conditions, which apply to all offers, orders and deliveries. Oro de Cacao AG provides all deliveries and services related to the online shop on the basis of these general terms and conditions. General terms and conditions that deviate from or supplement these conditions are not accepted unless they are confirmed by us in writing.
By placing an order via the online shop, customers accept these general terms and conditions.
Oro de Cacao AG expressly reserves the right to amend these general terms and conditions at any time and apply them to all contracts concluded after the change. We therefore ask you to regularly review our terms and conditions.
2. Offer and conclusion of contract
The presentation of the products in the Oro de Cacao shop does not represent a legally binding offer, but an invitation to order. By clicking on the [Order] button, the customer places a binding order for the products listed on the order page. Once the order has been sent, the customer can no longer make any order changes.
Immediately after receipt of the order, Oro de Cacao AG will confirm receipt of the order by e-mail. The purchase contract is only concluded when Oro de Cacao AG has confirmed the dispatch of the goods by e-mail (order or shipping confirmation), or at the latest when the goods are delivered.
Oro de Cacao AG is not obliged to accept an order. If an order cannot be fulfilled, the customer will be informed of this.
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The prices listed on the product page include VAT and other price components are in Swiss francs (CHF).
The prices in the online shop are always indicative prices. Changes are possible at any time. The invoice amount is determined by the price of the goods at the time the order is received by Oro de Cacao AG, which is shown on the order confirmation (by e-mail).
4. Shipping costs
The delivery of the ordered items is at the customer's expense. The shipping costs consist of postage and packaging costs. They can be viewed at any time via the shipping instructions page/link, broken down by postage and packaging costs and are displayed before the order is completed.
5. Shipping at summer temperatures
Summer heat can mean that we refrain from delivering in extremely hot months (June/July/Aug). During this time, the web shop may be temporarily closed.
6. Delivery terms
We deliver exclusively to Switzerland and the Principality of Liechtenstein via A-Post with Schweizer Post AG. Dispatch is usually within 2-4 working days. If the order arrives on a Saturday, Sunday or public holiday, it will be delivered on the next working day. Before public holidays, a longer delivery period must be accepted
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Oro de Cacao AG is not liable for delivery delays through no fault of their own, e.g. due to force majeure, traffic jams, bad weather conditions, unusual, unexpected detention by customs authorities, etc., and they do not entitle the customer to withdraw from the purchase contract or to claim compensation. Furthermore, Oro de Cacao AG assumes no liability for undeliverability or late delivery of products due to incorrectly declared delivery addresses or absence of the customer.
Oro de Cacao AG assumes no liability in the event of loss or theft following delivery, in accordance with the delivery protocol of the delivering service.
If not all ordered products are in stock, Oro de Cacao AG is entitled to make partial deliveries.
7. Payment terms
Payment is made exclusively by credit card or TWINT via a secure, encrypted connection to the payment provider. When paying by credit card, the customer's account is charged immediately.
8. Retention of title
The goods remain the property of Oro de Cacao AG until full payment and dispatch has been made.
9. Guarantee
As a matter of principle, we cannot accept or exchange items — even in perfect condition — (Food Act). The customer assumes responsibility for the delivered products, even if they were left at the front door or with a neighbour in his absence. Products that the customer has ordered by mistake are
neither withdrawn nor refunded.
The customer undertakes to check the goods for completeness and condition immediately upon receipt. Any complaints regarding quality and completeness must be reported to Oro de Cacao AG immediately, but no later than 24 hours after delivery. Otherwise, the delivery is considered accepted.
Oro de Cacao AG provides warranty by correcting defects. At Oro de Cacao AG's discretion, this is done by rectifying a defect (repair) or delivering a defect-free item (replacement delivery). If the subsequent performance fails, the customer is entitled to withdraw from the contract. This does not apply to minor defects. The customer's right to a reduction is excluded.
In cases of defects, the goods must be returned to Oro de Cacao AG. Obligations to refund payments are fulfilled within 30 days of receipt of the return shipment. Returns in original packaging and accompanied by
The invoice or delivery note in packaging suitable for secure shipping simplify processing.
Oro de Cacao AG is not liable for transport damage and damage as a result of improper storage of the goods following acceptance by the customer or his assistants (e.g. broken chocolate bars).
10. Liability
Oro de Cacao AG excludes liability for minor and moderately negligent breaches of contract. Liability for breaches of contract by assistants and substitutes is excluded in full.
11. Salvatory clause, amendments, jurisdiction and applicable law
Should individual provisions or parts of such provisions of these terms and conditions be void and/or ineffective in whole or in part, the validity and/or effectiveness of the remaining provisions or parts of such provisions remains unaffected. The invalid and/or ineffective provisions will be replaced by those which come closest economically to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same applies to any gaps in the regulation.
The exclusive place of jurisdiction for all disputes arising from the contractual relationship between the customer, the customer and Oro de Cacao is Freienbach (SZ) /Switzerland.
Substantive Swiss law applies exclusively, to the exclusion of international agreements, including, but not limited to, the United Nations Convention on Contracts for the International Sale of Goods dated 11.04.1980 (CISG), and conflict of law provisions.
12. Authoritative original text
Should there be any differences between the German and English versions of these terms and conditions, reference must be made to the original German text.
Freienbach, September 2024