Terms & Conditions
1. Scope
These General Terms and Conditions apply to all orders placed by customers 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 in connection with the online shop on the basis of these General Terms and Conditions. General terms and conditions that deviate from or supplement these terms and conditions will not be recognised unless they are confirmed by us in writing.
By placing an order via the online shop, the customer accepts these General Terms and Conditions.
Oro de Cacao AG expressly reserves the right to amend these General Terms and Conditions at any time and to apply them to all contracts concluded after the amendment. We therefore ask you to observe our conditions regularly.
2 Offer and conclusion of contract
The presentation of the products in the Oro de Cacao Shop does not constitute a legally binding offer, but an invitation to place an order. By clicking the button [Order], the customer places a binding order for the products listed on the order page. After sending the order, the customer can no longer make any changes to the order.
Immediately after receipt of the order, Oro de Cacao AG confirms 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 dispatch confirmation), or at the latest by delivery of the goods.
Oro de Cacao AG is not obliged to accept an order. If an order cannot be fulfilled, the customer will be informed thereof.
3. Price
The prices stated on the product page include the statutory value-added tax and other price components and are quoted in Swiss francs (CHF). The prices in the online shop are always non-binding price quotations. Changes are possible at any time. The price of the goods at the time of receipt of the order by Oro de Cacao AG, which can be seen on the order confirmation (by e-Mail), is decisive for the invoice amount.
4. Shipping costs
The delivery of the ordered items is at the expense of the customer. The shipping costs consist of postage and packaging costs. They can be viewed at any time via the page/link Shipping information, broken down into postage and packaging costs, and are displayed before the order is completed.
5. Shipping in summer
Summer heat may cause us to refrain from deliveries during extremely hot months (June/July/Aug). During this time the web shop will be closed.
6. Delivery conditions
We deliver exclusively to Switzerland and the Principality of Liechtenstein. Delivery will be effected by A-Post of Swiss Post AG. Dispatch takes place within 2 working days. If the order arrives on a Saturday, Sunday or public holiday, delivery will be made on the next but one working day. We recommend that you place your order as early as possible (if possible 4-5 working days before the desired delivery date). A longer delivery period must be accepted before public holidays.
Oro de Cacao AG is not liable for delivery delays through no fault of its own, e.g. due to force majeure, traffic congestion, 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 damages. Furthermore, Oro de Cacao AG accepts no liability in the event of undeliverability or delayed delivery of products due to incorrectly declared delivery addresses or the absence of the customer.
In case of loss or theft after delivery, according to the delivery protocol of the delivering service, Oro de Cacao AG assumes no liability. If not all ordered products are in stock, Oro de Cacao AG is entitled to make partial deliveries.
7. Terms of payment
Payment is made exclusively by credit card or TWINT via a secure, encrypted connection to the payment provider. If payment is made by credit card, the customer's account will be debited immediately.
8. Retention of title
The goods remain the property of Oro de Cacao AG until payment has been made in full and the goods have been dispatched.
9. Warranty
As a matter of principle, we cannot take back or exchange articles - even in perfect condition (Foodstuffs Act). The customer assumes responsibility for the products delivered, even if they have been left on the customer's doorstep or with a neighbour in the customer's absence. Products ordered by the customer by mistake will not be taken back or refunded.
The customer undertakes to check the goods for completeness and condition immediately upon receipt. Any complaints regarding quality and completeness must be communicated to Oro de Cacao AG immediately, at the latest, however, within 24 hours after delivery. Otherwise the delivery is deemed to have been accepted.
Oro de Cacao AG provides warranty by remedying defects. This shall be done, at the discretion of Oro de Cacao AG, by subsequent performance, i.e. elimination of a defect (rectification) or delivery of a defect-free item (replacement). If the subsequent performance fails, the customer shall be entitled to withdraw from the contract. This does not apply to insignificant defects. A right of the customer to a reduction is excluded.
In cases of defects, the goods must be returned to Oro de Cacao AG. Obligations to refund payments will be fulfilled within 30 days after receipt of the return shipment. Returns in the original packaging and enclosing the invoice or delivery note in packaging suitable for safe shipment simplify processing. Oro de Cacao AG is not liable for transport damage and damage resulting from improper storage of the goods after acceptance by the customer or his assistants (e.g. breakage of the chocolate tablets).
10. Liability
Oro de Cacao AG excludes liability for slight and medium negligent breaches of contract. Liability for breaches of contract by auxiliary persons and substitutes is excluded in its entirety.
11. Applicable law / place of jurisdiction
Should individual provisions or parts of such provisions of these GTC be invalid and/or ineffective in whole or in part, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come as close as possible in economic terms to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provision.
The exclusive place of jurisdiction for all disputes arising from the contractual relationship between the customer and Oro de Cacao shall be Freienbach (SZ)/Switzerland.
Swiss substantive law shall apply exclusively, to the exclusion of international conventions, including but not limited to the United Nations Convention on Contracts for the International Sale of Goods of 11.04.1980 (CISG), and the conflict of laws provisions.
12. Binding Original Text
In the event of any discrepancies between the German, French or English version of these GTC, the original German text shall prevail.
Freienbach, October 2023