General terms and conditions

1. Scope of application

These General Terms and Conditions (hereinafter referred to as "GTC") shall apply in the version current at the time of conclusion of the contract and shall be binding on all business relationships between miniSchoggi GmbH (hereinafter referred to as "miniSchoggi"), Steinhausen, and its customers, d.h. legal or natural persons or partnerships. They are an integral or supplementary part of all contracts concluded via the online shop (www.minischoggi.ch), partner shops and marketplaces, by telephone, by e-mail or by any other suitable means of concluding a contract. Any terms and conditions of the customer that conflict with or deviate from these GTC shall only apply if miniSchoggi has expressly agreed to their validity in writing.

2. Registration and data protection

The customer is free to register in the online shop of miniSchoggi or to place an order in any other way. In any case, he is obliged to provide truthful information about himself. miniSchoggi reserves the right to delete customer data at any time and without giving reasons or to block a user account.

The stored data is used exclusively for operational purposes, in particular the fulfilment of obligations arising from the purchase contract and the dispatch, maintenance and administration of a newsletter, if the customer does not expressly exclude its receipt. The disclosure of user data to third parties for operationally necessary purposes is consented to. No liability is assumed for the security of the transmitted data.

The customer agrees that miniSchoggi may take photographs and video recordings of the customer and participants for whom the customer has made a booking or transfers a booking to them during on-site courses and live online courses and may use these for advertising purposes itself as well as pass them on to third parties and publish them. This consent and the associated rights are valid for an unlimited period of time and geographically, for print as well as online use. The client as well as any participants for whom he/she has made a booking or to whom he/she transfers a booking, have the opportunity to declare in writing to miniSchoggi before the start of the booked course that they do not agree to the creation of photo and video recordings of themselves and their images. The declarations are to be sent in writing to info@minischoggi.ch. For the rest, reference is made to the data protection declaration at www.minischoggi.ch .

3. Conclusion of contract

Subject to their accuracy, the products, services and prices published on www.minischoggi.ch shall be deemed to be binding offers.

The contract is concluded as soon as the customer places his order via the online shop or by other suitable means. The automatically generated acknowledgement of receipt does not constitute a guarantee of the actual availability of the ordered products, but merely confirms to the customer that his order has been received by miniSchoggi.

If the customer orders an item whose price is incorrect or which is not available for delivery, the parties shall enter into a contractual rescission relationship under which all services already provided are to be refunded. Any shipping costs incurred by the customer for the return service shall be borne by miniSchoggi. Further claims of the customer, in particular those for damages, are excluded

4. Cancellation and termination of contract

Acceptance of the offer by the customer is in principle binding and irrevocable. Exceptions are possible in certain cases, but are at the discretion of miniSchoggi and may be associated with handling costs. Compensation is due for the negative contractual interest plus the reduction in value of the ordered products, but at least an amount of CHF 30.

miniSchoggi shall have the express right to unilaterally withdraw from the contract or demand advance payment in the event of a negative assessment of a customer's creditworthiness. The customer will be informed of this immediately. Any claims of the customer are excluded.

The customer is obliged to accept the ordered products. If he does not comply with this obligation, miniSchoggi may terminate the contract and charge the handling costs in accordance with section 4 of these GTC.

5. Exchange and return

The exchange and return of products is generally not possible. Exceptionally, an exchange or return can be made at the discretion of miniSchoggi. The price valid on the day of the exchange is decisive. Special custom-made products and foodstuffs are excluded from exchange or return.

6. Offers and product images

The offer of products is addressed to customers domiciled in Switzerland or the Principality of Liechtenstein. Deliveries are only made to addresses in Switzerland and the Principality of Liechtenstein. Price adjustments and product range changes as well as image and product information adjustments are possible at any time. Image data may vary slightly and serve only to provide a better illustration. Furthermore, no product scope can be derived from the images. Any liability arising from adjustments, product and/or image data is rejected.

7. Protection of minors

When purchasing products containing alcohol, the customer confirms by accepting the General Terms and Conditions that he/she has reached the age of 18. miniSchoggi is authorised to make enquiries at any time.

8. Allergen information

The customer himself is responsible for the clarification of allergens. If, despite uncertainty, he orders a product that triggers an allergy without express written enquiry, miniSchoggi expressly distances itself from this. The best possible allergen information is provided on the platforms. miniSchoggi fulfils the legal requirements of the ingredient declaration in accordance with the Swiss Food Ordinance and therefore excludes any liability.

9. Prices, availability & shipping costs

miniSchoggi makes every effort to ensure that the prices and availability details on www.minischoggi.ch and the platforms are up-to-date and accurate. However, delivery bottlenecks, incorrect stock data, technical problems or human error cannot be ruled out. All information about products, services and prices is therefore without guarantee and not to be understood as an assurance. No liability can be accepted for the accuracy, completeness and up-to-dateness of the published information. Impossibility of delivery or incorrect price information constitute grounds for contractual rescission in accordance with section 3 of these GTC.

All published prices are to be understood as final prices, including value added tax, excluding shipping costs. Shipping costs are charged in accordance with the shipping conditions of miniSchoggi GmbH.

10. Terms of payment & Declaration of consent to credit and risk assessment

miniSchoggi generally delivers in Switzerland against invoice (Postnumerando purchase), but reserves the right to insist on advance payment in the event of a negative assessment of a customer's creditworthiness (Pränumerando purchase). In this case, the order will be processed after receipt of payment, whereby the delivery time will be extended accordingly.

In order to decide whether delivery can be made on invoice, an address and creditworthiness check is carried out. Personal data relevant to the processing of the order and payment may be transmitted to Schweizerischer Verband Creditreform Gen and also to partner companies for this purpose. The Creditreform Data Protection Declaration (DPD) applies in this regard.

Discounts or vouchers are only accepted under the conditions shown on the voucher. A voucher code or value is entered during the payment process. Discounts not claimed in the process cannot be subsequently granted. Discounts cannot be cumulated.

11. Purchase on account with instalment facility (PowerPay)

With the PowerPay monthly invoice, you can pay your online purchase simply by invoice with an instalment facility. MF Group / PowerPay offers the payment method "Payment by invoice" as an external payment service provider. When the purchase contract is concluded, PowerPay takes over the invoice claim that has arisen and handles the corresponding payment modalities. When purchasing on account, you accept the General Terms and Conditions of PowerPay in addition to our General Terms and Conditions. (powerpay.ch/en/agb). Please note that an administration fee will be charged for each invoice and additional fees will be charged for partial and late payments in accordance with PowerPay's General Terms and Conditions.

12. Ownership

The goods remain the property of miniSchoggi until the purchase price has been paid in full. The latter 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. Default of payment

In the case of delivery against invoice, the purchase price must be paid net within 14 days of the invoice date. In the case of delivery against advance payment, the period shall be 14 days net.

If the customer fails to meet his payment obligations in whole or in part, all outstanding amounts owed under any title shall become due immediately and all deliveries shall be suspended. In addition, without prior reminder, interest on arrears of 8 per cent will be charged.

From the second reminder onwards, miniSchoggi is entitled to charge the customer a handling fee of CHF 15. miniSchoggi reserves the right to pass on collection procedures to Coop Rechtsschutz or Creditreform AG.

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

14. Delivery

Delivery is made to the delivery address given by the customer at the time of the order. The shipping costs will be calculated and shown on a case-by-case basis. The delivery can also be made in partial deliveries, provided that these are reasonable for the customer. miniSchoggi shall bear the additional costs incurred in this case.

If goods are delivered by a forwarding company, the customer must check the delivery for transport damage upon receipt. With his signature he confirms the visual integrity of the delivery, unless a reservation is noted. In this case, the liability of miniSchoggi for visible transport damage is excluded. This does not apply to hidden defects.

15. Warranty

The customer must check the goods for any defects immediately after receipt. Corresponding complaints are to be brought to the attention of miniSchoggi within three days. Likewise, hidden defects that only appear during the warranty period must be reported within three days of their discovery. If the customer fails to make a complaint within the time limit, the goods shall be deemed to have been approved. Warranty claims against consumers shall become statute-barred according to Art. 210 of the Swiss Code of Obligations upon expiry of two years after delivery of the goods to the purchaser; claims against business customers who do not fall under Art. 210 para. 4 item b shall be barred after 12 months. An individual, express and written agreement on the exclusion of the warranty between the parties remains reserved.

Damage caused by improper handling or storage is excluded from the warranty. Improper handling or storage shall be deemed to have occurred if the goods have been damaged, altered, processed or exposed to temperatures that reduce quality. miniSchoggi sells foodstuffs and merchandise, therefore negligible impairments such as minor deviations between products of the same type or from the published image alone do not constitute grounds for return.

miniSchoggi can provide the warranty either by replacement or by refunding the purchase price paid.

16. Returns

If the customer wishes to return defective products to miniSchoggi, he/she must bear the costs (including customs clearance, VAT, etc.) and risk himself/herself. A copy of the purchase invoice must be enclosed.

17. Public courses

All registrations for our courses are binding. Course registrations will be considered in the order in which they are received. The invoice must be settled by the day of the course, taking into account the payment deadline or in the case of short-term bookings. Otherwise, the participant undertakes to pay the outstanding amount in cash at the venue.

miniSchoggi reserves the right to cancel courses due to insufficient demand and without giving further reasons up to 5 days before the start of the course. 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 taking part in another course as an alternative or claiming back any payments already made in full.

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

Cancellation of course participation by the participant is possible up to 30 days before the start of the course, in which case a processing fee of CHF 50 will be charged. If the participant cancels the course at a later date, 100% of the course fee will be due, and the full course fee will also be due if the participant fails to appear on the day of the course for no reason.

Participants may change their booking up to 30 days before the start of the course and will be charged an administration fee of CHF 20. If the participant changes the booking at a later date, 50% of the course fee will be due. Rebooking later than 48 hours before the start of the course is not possible and will be charged as a cancellation.

There is no right to participate in the public courses. If a person is therefore unable to attend a course independently or adequately, miniSchoggi has the right to prohibit participation in further courses. This will be done without giving further reasons and with a refund of the full amount if further course bookings have been made.

No cancellation is possible for individual chocolate courses, group bookings, birthdays, company and team events or other courses. Paragraph 17 therefore does not apply. The event area's own delivered terms and conditions apply.

18. Online live courses

Online live courses serve the purpose of training via an online solution. MiniSchoggi uses Zoom for this purpose. The user is responsible for the functioning as well as the quality of the internet connection, miniSchoggi cannot give any guarantee nor be held liable.

After registration, the customer will receive the link to the Zoom meeting by e-mail and undertakes to participate with the same name as given when booking the course. A booking is valid for the participation of one household.

The online live courses as well as the recipes and documents sent are intended exclusively for private use; any recording of the courses as well as any forwarding of recordings or the documents sent is prohibited, as is any commercial use.

Online live courses cannot be cancelled, but the registration can be passed on to another person. To do this, simply send an e-mail to events@minischoggi.ch before the online live course so that this person is also admitted to the event.

If you would like to change your booking to another date or another course, this is possible up to 48h before the start of the course and a processing fee of CHF 20 will be charged. After that, rebooking is no longer possible and any entitlement expires.

MiniSchoggi has the right to record the online live events and to use these recordings for advertising purposes.

19. Liability

Claims for damages due to impossibility of performance, breach of contract, culpa in contrahendo and tort or other legal grounds are excluded to the extent permitted by law, both against miniSchoggi and against its vicarious agents, except in cases of wilful intent or gross negligence. No liability is accepted for consequential damage arising from the use of the products.

Under no circumstances shall the purchaser be entitled to claim compensation for damage that has not occurred to the delivery item itself, such as loss of production, loss of use, loss of orders, claims by third parties, loss of profit and other consequential and indirect damage.

20. Place of jurisdiction, place of performance and applicable law

Subject to mandatory legal provisions, the place of jurisdiction and performance shall be Steinhausen, Zug, Switzerland.

The contract is subject to Swiss law, the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

21. Changes

miniSchoggi reserves the right to adapt or amend these GTC at any time if necessary.

22. Copyright

The copyright to the website www.minischoggi.ch and all its contents, such as texts, images and source code, is held in full by miniSchoggi. It is not permitted to copy, download or otherwise use parts of it for one's own purposes without express written permission.

23. Severability clause

The invalidity of individual provisions of these GTC or of the supply contract concluded with the customer shall not affect the validity of all other provisions. Ineffective provisions shall be replaced by the relevant legal standards.

miniSchoggi GmbH, Beim Bahnhof 3, 6312 Steinhausen, January 2023