1. Scope of application
1.1. The goods offered in our online shop are exclusively intended for consumers with a delivery address in Switzerland.
1.2. These General Terms and Conditions of Business (hereinafter referred to as “GTCB”) apply to all contracts concluded between you as a customer and us as the operator of the online shop www.terragourmet.ch.
1.3. When placing an order, you acknowledge the GTC in the version valid at the time of placing the order. Oral or telephone agreements must be confirmed in writing in order to be binding. This requirement of written form is also fulfilled if a statement is contained in an e-mail.
2. Ordering
2.1. The offer to conclude a sales contract comes from the customer when he/she clicks on the “Buy” button after completing the order page in full. The customer remains bound to his order for one week. The contract is binding if we accept the order.
2.2. After sending the order, the customer will receive an automated e-mail in which we confirm that we have received the order (order confirmation). This order confirmation only serves to inform that we have received the order.
2.3. A valid contract is only formed if we declare our acceptance of the contract. We declare our acceptance of the contract by sending an invoice to the customer, by confirming the order (order acceptance confirmation), by confirming by e-mail that the goods have left our warehouse (dispatch confirmation) or at the latest by delivering the goods.
2.4. The contract shall only be concluded for those items which are expressly stated on our invoice, order confirmation or dispatch confirmation. This also includes the final scope of the service. The data stored by us shall serve as proof of the conclusion of the contract and the transaction.
2.5. During the ordering process, the customer has the option of printing out his order and the data he has entered. In addition, the customer is offered the possibility of opening a customer account. Within the customer account, the order data can be viewed after entering the personal access data. Terra Consulting (Switzerland) reserves the right to block customer accounts at its own discretion and without giving reasons.
3. Sale of alcoholic beverages
3.1. In our online shop, we do not generally sell alcohol to customers under the age of 18. By submitting an order, the purchaser confirms that he/she is at least 18 years of age, so that this provision and the legal regulations can be observed.
3.2. Each customer must provide his date of birth in the payment process under the heading “billing and delivery address” as proof of age.
4. Prices and shipping costs
4.1. All prices are net prices in Swiss francs (CHF), including VAT and any advance recycling fees and copyright. We reserve the right to change the prices, conditions and vintages indicated on our website, the reference day being the day of the order.
Price differences between discounted or reduced items/services offered online and discounted or reduced items/services offered in stationary shops are possible.
4.2. Deliveries will be sent by DPD Switzerland courier services to ensure delivery within 1 to 2 working days.
5. Payment
5.1. Payment of the purchase price shall be made via Datatrans Switzerland by one of the available means of payment including credit cards (VISA, Mastercard and American Express), debit cards, SOFORT, Google Pay, Apple Pay, Samsung Pay, insofar as this is provided for and available on the website. In the case of payment through datatrans system, the data transmitted is encrypted.
5.2. Orders are payable immediately, taking into account the following provisions.
5.3. As a customer, you only have rights of set-off or retention insofar as your claim has been judicially determined by a final and conclusive decision or is undisputed. This does not affect your rights in the event of defects in the delivered item.
6. Delivery
6.1. Terra Consulting (Switzerland) for the moment limits deliveries to Switzerland. Delivery shall be made directly to the delivery address and contact person provided by the buyer.
6.2. Delivery shall be made on condition that we ourselves have been supplied in good time and in good form by our suppliers. In the event of force majeure such as strikes and other industrial action, riots, war, natural disasters as well as in the event that the manufacturer or an upstream supplier is unable to deliver, there shall be no delay in delivery. The seller is not liable for delays in delivery caused by manufacturers or third parties.
6.3. If not all ordered goods are in stock, we are entitled to make partial deliveries. If, after the conclusion of the contract, it becomes apparent that the goods cannot be delivered either in part or in full for reasons for which Terra Consulting (Switzerland) is not responsible, the customer is entitled to withdraw from the contract. If a product is not available, we will inform you as soon as possible. We insure reconciliation of our stock database with website in due time.
6.4. Our service shall consist of an obligation to ship; it shall be fulfilled when the consignment is handed over to the person in charge of the transport. After shipment, the risk of accidental damage to and loss of the goods passes to the customer. We are not obliged to assume any fault on the part of the transport company.
6.5. The delivery times stated in our online shop and in our order confirmation are calculated from the date of our order confirmation. As a rule, deliveries are made within 2 to 3 working days.
6.6. IMPORTANT INFORMATION: The use-by date is indicated on all perishable goods. For fresh or refrigerated products, in order not to interrupt the cold chain, it is important that you personally receive the package. Otherwise, we advise you to indicate another delivery address (e.g. your business address).
7. Liability
7.1. You are obliged, as soon as the normal course of business permits, to check the delivered products and to report any defects immediately to our customer service department at support@terragourmet.ch. If you fail to do so, the products are deemed to have been accepted. Acceptance is in any case deemed to have taken place insofar as the customer has not communicated a complaint by e-mail to the customer service department within 7 days of delivery.
7.2. Defects that cannot be identified despite a proper inspection in accordance with the previous paragraph must be communicated by e-mail to support@terragourmet.ch immediately after they are discovered, failing which the products ordered will also be deemed to have been accepted with regard to these defects.
7.3. The defective product must be returned with a copy of the invoice and a detailed description of the defect(s). The return address will be communicated to the buyer by e-mail after receipt of the written complaint. The transport costs incurred are to be borne by the customer.
7.4. We provide a guarantee service by eliminating defects by delivering goods free of defects (replacement delivery). The replaced products become the property of the seller.
7.5. If the secondary performance is not successful, the customer is entitled to withdraw from the contract. This does not apply in case of minor defects. The customer’s right to a price reduction is excluded. This exclusion of liability shall also apply to all claims arising from the contract (Art. 97 et seq. CO), from an unlawful act (Art. 41 et seq. CO), from a challenge to the contract on the grounds of error (Art. 23 et seq. CO), etc.
7.6. The warranty does not cover the consequences of improper handling or deterioration by the buyer or third parties, as well as defects attributable to external circumstances. In particular, soiled or damaged items are excluded from the warranty. Inappropriate storage or incorrect assessment of the degree of ripeness of a drink (i.e. premature or late consumption) are not considered to be cases where the guarantee applies.
7.7. The customer does not receive any guarantees in the legal sense from the seller. The Seller does not take any responsibility for descriptions written by third parties, especially customers, in the context of the online shop, nor for customer comments published in our social network presences.
8. Right of withdrawal and return
8.1. The customer has the right to return the delivered goods within 7 calendar days (from the date of delivery or acceptance). The return period shall be deemed to have been observed if the goods are handed over to the post office or another forwarding agency on the last day for dispatch.
8.2. The goods must be in their original packaging, complete with all accessories and accompanied by the completed delivery note/return note and any guarantee certificate. Sealed and sealed products can only be returned if they have not been opened. Any seal must not have been broken. Foodstuffs are excluded from the right of return.
8.3. The goods are to be returned, together with the completed return slip enclosed with the delivery and a copy of the invoice that you received by e-mail, to the following address:
Terra Consulting Sarl
Chemin des Vignes 3
CH-1260 Nyon
Switzerland
8.4. The costs of returning items are borne by Terra Consulting Sarl. Postage and packaging costs are not refunded. If the goods are not returned in good condition, we will charge you for the loss in value incurred.
8.5. If the goods are returned in good condition, the full price paid will be refunded to the customer immediately after examination of the goods by means of a credit entry. A discount is always granted on the payment method used at the time of purchase. In the case of any discounts from purchases on account, we will refund the amount by transfer to the corresponding bank account.
9. Liability
All cases of breach of contract and their legal consequences, as well as all claims of the customer, irrespective of the legal basis on which they are asserted, are definitively regulated in these GTC. All other rights of the customer – regardless of their legal basis – are, as far as legally permissible, excluded. Neither the seller nor her employees and possible vicarious agents are liable for damages that did not occur to the goods themselves, especially for consequential damages, loss of profit or other material losses of the buyer.
10. Data protection
10.1. The collection and processing of the customer’s personal data by the seller is explained in the data protection declaration. This declaration is an integral part of these GTC. The data protection declaration can be viewed here.
10.2. The customer hereby agrees to the storage of personal data entered by him/her in the course of using our website. This consent also applies to the storage of the IP addresses transmitted with each use of the website. Furthermore, the customer agrees to the use of his/her personal data for the purpose of personalising advertisements and product offers on the website. No personal data will be passed on to advertisers.
10.3. Finally, the customer declares that he agrees that the seller may use the customer’s personal data for direct marketing purposes. This includes advertising communication to the customer by e-mail and post.
10.4. By accepting these conditions, the customer confirms that the information provided is correct. The customer authorises Terra Consulting Sarl. to take all necessary measures to check the order information with the administrative services, the credit information agencies and the loan information file (FRE). Terra Consulting Sarl shall collect information about existing customers from these organisations at regular intervals.
11. Safeguard clause
11.1. Should individual provisions of these GTC be invalid or incomplete or should their execution become impossible, this shall not affect the validity of the remaining provisions. The contractual partners undertake to replace the invalid provision with a valid provision that comes as close as possible in content to the original intention and the economic purpose of the provision.
11.2. Amendments or supplements to these GTC shall be made in a form that can be proven by text, such as fax and e-mail. This also applies to a change in the requirement for written form. As soon as the customer uses the services of the seller after a change, he implicitly accepts the new GTC.
11.3. Any other contractual conditions of the customer, especially those which he declares to be applicable with the acceptance of the contract, do not become part of the contract. They are only valid if and insofar as they have been expressly accepted in writing by the seller.
12. Applicable law and place of jurisdiction
Swiss law shall apply exclusively to the exclusion of the conflict of laws rules of the Vienna Convention. The GTC shall be governed by Swiss law of obligations, to the exclusion of international conventions, including the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is the registered office of Terra Consulting Sarl in Nyon, Switzerland.