General Terms and Conditions of Use

1. Scope

These General Terms and Conditions (hereinafter “GTC”) shall apply in the version current at the time the contract is concluded and shall be binding on all business relationships between the miniSchoggi GmbH (hereinafter “miniSchoggi”), Steinhausen, and its customers, d.h. legal entities, natural persons or partnerships. They form an integral or supplementary part of all contracts concluded via the online shop (https://www.minischoggi.ch/gb/module/dgtranslationall/urlstranslation?parent_rewrite=module%2Fdgtranslationall&rewrite=urlstranslation), partner shops and marketplaces, by telephone, by email or by any other means suitable for concluding a contract. Any terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions shall only apply insofar as miniSchoggi has expressly agreed to their validity in writing.

2. Registration and data protection

Customers are free to register on the miniSchoggi online shop or to place an order by other means. In either case, they are obliged to provide accurate personal details. miniSchoggi reserves the right to delete customer data or suspend a user account at any time and without giving reasons.

The stored data is used exclusively for operational purposes, in particular to fulfil the obligations arising from the contract of sale and to send, maintain and manage a newsletter, provided the customer has not expressly opted out of receiving it. Consent is given to the disclosure of user data to third parties for operational purposes. No liability is accepted for the security of the data transmitted.

The customer agrees that miniSchoggi may, during on-site courses and live online courses, take photographs and make video recordings of the customer and participants for whom the customer has made a booking or to whom the customer is transferring the booking, and that miniSchoggi may use these for advertising purposes, both itself and by passing them on to third parties and publishing them. This consent and the associated rights are valid indefinitely, both in terms of time and geographical scope, for both print and online use. The customer, as well as any participants for whom they have made a booking or to whom they are transferring the booking, have the option, prior to the start of the booked course, to declare in writing to miniSchoggi that they do not consent to the taking of photographs or video recordings of themselves or their images. Such declarations must be sent in writing to info@minischoggi.ch to address.Please also refer to the privacy policy at https://www.minischoggi.ch/gb/module/dgtranslationall/urlstranslation?parent_rewrite=module%2Fdgtranslationall&rewrite=urlstranslation referred to.

3. Conclusion of the contract

The products, services and prices listed on https://www.minischoggi.ch/gb/module/dgtranslationall/urlstranslation?parent_rewrite=module%2Fdgtranslationall&rewrite=urlstranslation Once published, these are deemed to be binding offers, subject to their accuracy.

The contract is concluded as soon as the customer places their order via the online shop or by any other suitable means. The automatically generated confirmation of receipt does not constitute a guarantee that the products ordered are actually available; it merely confirms to the customer that miniSchoggi has received their order.

If the customer orders an item for which the price is incorrect or which is out of stock, the parties shall enter into a contractual arrangement to rescind the contract, under which all services already provided must be refunded. Any delivery costs incurred by the customer in returning the goods shall be borne by miniSchoggi. Any further claims by the customer, in particular claims for damages, are excluded.

4. Cancellation and termination of contract

Acceptance of the offer by the customer is, in principle, binding and irrevocable. Exceptions may be possible in certain cases, but are at the discretion of miniSchoggi and may incur administrative costs. The customer shall be liable for compensation amounting to the loss of contractual interest plus the depreciation in value of the products ordered, subject to a minimum amount of CHF 30.

miniSchoggi expressly reserves the right to unilaterally withdraw from the contract or to require payment in advance should a customer’s creditworthiness be assessed as poor. The customer will be notified of this without delay. Any claims by the customer are excluded.

The customer is obliged to accept delivery of the products ordered. If the customer fails to fulfil this obligation, miniSchoggi may terminate the contract and charge for the associated costs in accordance with clause 4 of these Terms and Conditions.

5. Exchanges and returns

As a general rule, products cannot be exchanged or returned. In exceptional cases, an exchange or return may be permitted at miniSchoggi’s discretion. The price valid on the day of the exchange shall apply. Custom-made items produced to the customer’s specifications and foodstuffs are excluded from exchange or return.

6. Offers and product images

The range of products is aimed at customers based in Switzerland or the Principality of Liechtenstein. Deliveries are made only to addresses in Switzerland and the Principality of Liechtenstein. Price adjustments, changes to the product range, and updates to images and product information may be made at any time. Images may differ slightly and are provided for illustrative purposes only. Furthermore, the scope of the product range cannot be inferred from the images. We accept no liability whatsoever arising from any changes to product and/or image details.

7. Protection of minors

When purchasing products containing alcohol, the customer confirms, by accepting the Terms and Conditions, that they are aged 18 or over. miniSchoggi is entitled to verify this at any time.

8. Allergen information

The customer is responsible for checking for allergens themselves; should they, despite any uncertainty, order a product that triggers an allergy without making an explicit written enquiry, miniSchoggi expressly distances itself from this. The best possible allergen information is provided on the platforms.miniSchoggi complies with the legal requirements for the declaration of ingredients as set out in the Swiss Foodstuffs Ordinance and therefore accepts no liability whatsoever.

9. Prices, availability information & delivery charges

miniSchoggi endeavours to ensure that the prices and availability information on https://www.minischoggi.ch/gb/module/dgtranslationall/urlstranslation?parent_rewrite=module%2Fdgtranslationall&rewrite=urlstranslation and to provide up-to-date and accurate information on the platforms. However, delivery delays, incorrect stock data, technical problems or human error cannot be ruled out. All information regarding products, services and prices is therefore provided without guarantee and should not be construed as a representation. No liability can be accepted for the accuracy, completeness or timeliness of the published information. Inability to deliver or incorrect price information constitute grounds for contractual rescission in accordance with Clause 3 of these General Terms and Conditions.

All published prices are final prices, inclusive of VAT but exclusive of delivery charges. Delivery charges are calculated in accordance with the delivery terms of the miniSchoggi GmbH charged.

10. Terms of payment &Consent Form for Credit and Risk Assessment

miniSchoggi generally delivers in Switzerland on account (post-payment), but reserves the right to insist on payment in advance (pre-payment) if a customer’s creditworthiness is deemed unsatisfactory. In this case, the order will be processed once payment has been received, and the delivery time will be extended accordingly.

To determine whether delivery on account is possible, an address and creditworthiness check will be carried out. The personal data relevant to order and payment processing may be passed on to the Swiss association Creditreform Gen and also to partner companies for this purpose. The following applies in this regard: Privacy Policy Creditreform (DSE).

Discounts or vouchers are only accepted subject to the terms and conditions stated on the voucher. Voucher codes or values must be entered during the payment process. Any discounts not claimed at this stage cannot be applied retrospectively. Discounts cannot be combined.

11. Purchase on account with the option to pay in instalments (PowerPay)

With the PowerPay monthly invoice, you can easily pay for your online purchases by invoice with an instalment option. MF Group / PowerPay, as an external payment service provider, offers the “payment by invoice” option. Upon conclusion of the purchase contract, PowerPay assumes the resulting invoice receivable and handles the relevant payment arrangements. When purchasing on account, you accept, in addition to our Terms and Conditions, the Terms and Conditions by PowerPay. (powerpay.ch/de/agb). Please note that an administration fee applies per invoice, and that further charges apply for partial or late payments in accordance with Terms and Conditions incurred by PowerPay.

12. Ownership

The goods remain the property of miniSchoggi until the purchase price has been paid in full. miniSchoggi is entitled to enter a retention of title in the retention of title register at the buyer’s expense if it considers its claim to be at risk.

13. Late payment

For delivery against invoice, the purchase price is payable net within 14 days of invoicing. For delivery against prepayment, the period is 14 days net.

If the customer fails to meet their payment obligations in whole or in part, all outstanding amounts owed under any title become due immediately and all deliveries are suspended. Default interest of 5 percent is charged from the due date.

If payment is not received, miniSchoggi reminds the customer of the outstanding invoice in stages (payment reminders). From the second payment reminder, an administrative fee of CHF 15.– is charged per payment reminder. If a payment reminder is sent by registered mail, postage and material costs of a flat CHF 10.– are charged in addition.

miniSchoggi reserves the right to pass collection procedures to Coop Rechtsschutz or Creditreform AG. The outstanding amounts including the accrued administrative fees and postage and material costs are handed over with the case.

If a customer defaults on payment or commits any other breach of contract, miniSchoggi reserves the right to unilaterally withdraw from the contract at any time.

14. Delivery

Delivery will be made to the delivery address provided by the customer at the time of ordering. Delivery charges are calculated and shown on a case-by-case basis. Delivery may also be made in instalments, provided this is reasonable for the customer. In this case, miniSchoggi will bear any additional costs incurred.

Where goods are delivered by a haulage contractor, the customer must check the delivery for transport damage upon receipt. By signing for the delivery, the customer confirms that the delivery appears to be undamaged, unless a reservation is noted. In this case, miniSchoggi accepts no liability for visible transport damage. This does not apply to hidden defects.

15. Warranty

The customer must inspect the goods immediately upon receipt for any defects. Any such complaints must be brought to miniSchoggi’s attention within three days. Similarly, any hidden defects that only become apparent during the warranty period must be reported within three days of their discovery. If the customer fails to raise a complaint within the specified time limit, the goods shall be deemed to have been accepted. In accordance with Article 210 of the Swiss Code of Obligations (OR), warranty claims against consumers become time-barred two years after delivery to the purchaser,In the case of business customers who do not fall within the scope of Article 210(4)(b), the time limit is 12 months. This is without prejudice to any individual, express and written agreement between the parties to exclude the warranty.

Damage caused by improper handling or storage is excluded from the warranty. Handling or storage is deemed improper, in particular, if the goods have been damaged, altered, processed or exposed to temperatures that impair their quality. miniSchoggi sells food and general merchandise; therefore, negligible imperfections, such as minor variations between products of the same variety or compared to the published image, do not in themselves constitute grounds for a return.

miniSchoggi may fulfil its warranty obligations either by providing a replacement or by refunding the purchase price paid.

16. Returns

If the customer wishes to return faulty products to miniSchoggi, they must bear the costs (including customs clearance, VAT, etc.) and the risk themselves. A copy of the purchase invoice must be enclosed.

17. Public courses

All enrolments for our courses are binding. Course enrolments are processed in the order in which they are received. The invoice must be settled by the payment deadline or, in the case of last-minute bookings, by the day of the course. Otherwise, the participant undertakes to pay the outstanding amount in exact change in cash at the venue.

miniSchoggi reserves the right to cancel courses up to 5 days before the start of the course due to insufficient demand and without giving further reasons.  If the minimum number of participants for the course is not reached, we reserve the right to cancel the course. In such a case, the participant has the option of attending an alternative course or claiming a full refund of any payments already made.

In the event of cancellations due to force majeure or circumstances beyond miniSchoggi’s control, miniSchoggi reserves the right to offer an alternative date or to provide the course fee in the form of a voucher for other courses. A refund of the course fee is not possible in such cases.

Participants may cancel their place on the course up to 30 days before the course starts, in which case an administration fee of CHF 50 will be charged. If the participant cancels the course at a later date, 100 per cent of the course fee will be payable; the full course fee must also be paid if the participant fails to attend on the course day without valid reason.

Participants may reschedule their course place up to 30 days before the course starts, subject to an administration fee of CHF 20. If the participant reschedules the course at a later date, 50 per cent of the course fee will be payable. Rescheduling less than 48 hours before the course starts is not permitted and will be treated as a cancellation.

There is no entitlement to take part in public courses. Therefore, if a person is unable to take part in a course independently or to an adequate standard, miniSchoggi reserves the right to prohibit that person from taking part in further courses. This may be done without giving further reasons and subject to a full refund, provided that further course bookings have been made.

Cancellations are not permitted for personalised chocolate-making courses, group bookings, birthday parties, corporate and team events, or any other courses. Clause 17 therefore does not apply. The terms and conditions specific to the events section, as provided, shall apply.

18. Live online courses

Live online courses are delivered via an online platform. MiniSchoggi uses Zoom for this purpose. Users are responsible for ensuring that their internet connection is functioning correctly and is of a sufficient standard; MiniSchoggi cannot guarantee this and cannot be held liable in this regard.

After registering, the customer will receive a link to the Zoom meeting by email and undertakes to attend the meeting using the same name as that provided when booking the course. One booking is valid for one household.

The live online courses, as well as the recipes and materials provided, are intended solely for private use. Any recording of the courses, as well as the sharing of such recordings or the materials provided, is prohibited, as is any commercial use.

Live online courses cannot be cancelled; however, your place can be transferred to another person. To do this, simply send an email to events@minischoggi.ch before the live online course so that this person can also be admitted to the event.

If you wish to change your booking to a different date or course, you may do so up to 48 hours before the course starts, subject to a processing fee of CHF 20. After that, no further changes can be made and your entitlement expires.

MiniSchoggi is entitled to record the live online events and to use these recordings for promotional purposes.

19. Liability

Claims for damages arising from the impossibility of performance, breach of contract, fault at the time of conclusion of the contract, tort or any other legal basis are excluded both against miniSchoggi and against its agents and vicarious agents to the extent permitted by law, unless there has been wilful misconduct or gross negligence. No liability is accepted for consequential damages arising from the use of the products.

Under no circumstances shall the purchaser be entitled to claim compensation for damage that has not been caused to the goods themselves, such as, in particular, loss of production, loss of use, loss of orders, claims by third parties, loss of profit, and other consequential or indirect damage.

20. Jurisdiction, place of performance and applicable law

Subject to any mandatory statutory provisions, Wittenbach, St. Gallen, Switzerland, is agreed as the place of jurisdiction and performance.

This contract is governed by Swiss law; the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

21. Amendments

miniSchoggi reserves the right to amend or modify these Terms and Conditions at any time, as necessary.

22. Copyright

Copyright in the website https://www.minischoggi.ch/gb/module/dgtranslationall/urlstranslation?parent_rewrite=module%2Fdgtranslationall&rewrite=urlstranslation All content on the website, including but not limited to text, images and source code, is the sole property of miniSchoggi. It is not permitted to copy, download or otherwise use any part of this content for your own purposes without express written permission.

23. Severability clause

Should any individual provision of these General Terms and Conditions or of the supply contract concluded with the customer be invalid, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by the relevant statutory provisions.

miniSchoggi GmbH, Industriestrasse 20, 9300 Wittenbach, October 2024