Terms of use

 

DISCLAIMER

The author assumes no liability whatsoever with regard to the correctness, accuracy, up-to-dateness, reliability and completeness of the information. Liability claims relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are fundamentally excluded. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer/content without prior notice or to cease publication temporarily or permanently.


Liability for links

References and links to third-party websites are outside our area of responsibility. Access to and use of such websites is at the user's own risk.

 

Copyrights

Copyrights and all other rights to content, images, photos or other files on the website belong exclusively to ITALIAN COFFEE AG or the specifically named rights holders. The written consent of the rights holders must be obtained in advance for the reproduction of any elements.


Data protection

 

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (Data Protection Act, DSG), every person is entitled to protection of their privacy and protection against misuse of their personal data. We comply with these provisions. Personal data is treated as strictly confidential and is neither sold nor passed on to third parties. In close cooperation with our hosting partners, we make every effort to protect the databases as well as possible against unauthorized access, loss, misuse or falsification. When you access our website, the following data is stored in log files: IP address, date, time, browser request and generally transmitted information about the operating system or browser. This usage data forms the basis for statistical, anonymous evaluations so that trends can be identified, which we can use to improve our services accordingly.

 

GENERAL 
Unless otherwise agreed in writing, the following General Terms and Conditions apply to all business transactions. The General Terms and Conditions are agreed when an order is placed.

 

Orders and offers

The buyer undertakes to place an order with Italian Coffee AG. The order is placed verbally or in writing. Italian Coffee AG shall not be bound until it has confirmed in writing that the order will be executed. The purchaser is responsible for the accuracy of the order and for ensuring that Italian Coffee AG receives all information regarding the ordered product(s) within seven days of receipt of the order. Cancellation of the contract by the buyer is only possible as long as Italian Coffee AG or its suppliers have not carried out any production measures with regard to the ordered good(s); Italian Coffee AG is to be held harmless for any resulting damages/costs.
If the goods are manufactured or otherwise processed by Italian Coffee AG and the buyer has a specification for this, Italian Coffee AG shall be indemnified for all damages/costs arising therefrom.
If the goods are manufactured or otherwise processed by Italian Coffee AG, Italian Coffee AG shall be indemnified for all damages/costs arising therefrom. 
If the goods are manufactured or otherwise processed by Italian Coffee AG and the purchaser has submitted a specification for this purpose, the purchaser shall indemnify Italian Coffee AG against any loss, damage, claim, costs or other expenses if the contractual manufacture, treatment or processing of the goods on the basis of this specification of the purchaser proves or has proved to be an infringement of a patent, copyright, trademark or other industrial property right of a third party. Irrespective of this, Italian Coffee AG reserves the right to change the descriptions of our goods with regard to the buyer's specifications, insofar as legal requirements are to be taken into account and insofar as this change does not result in a deterioration of the order with regard to quality and usability.
The offers of Italian Coffee AG are subject to change and non-binding and only become binding upon written confirmation in accordance with the aforementioned provisions of these General Terms and Conditions.
Italian Coffee AG is entitled to change and improve the goods without having to inform the buyer in advance, provided that the change or improvement does not permanently impair or deteriorate the form or function of the goods.

 

Prices

The prices of the online store include VAT, shipping and packaging costs are shown separately. The prices are subject to change and can be changed at any time. The prices charged are those valid on the day of the order

 

Disposal and disposal costs

Disposal of the goods is not included in the price. No disposal fee is charged at the time of purchase; this is due in the event of any disposal by Italian Coffee AG and will be charged to the buyer on the basis of the current disposal price list in addition to the processing costs.

 

Delivery time

Italian Coffee AG endeavors to adhere to the stated delivery times, but cannot accept any liability. Cases of force majeure are not the responsibility of Italian Coffee AG and entitle it to extend agreed delivery times. The delivery periods are automatically extended by the duration of the delay. Cases of force majeure include in particular, but are not limited to, a plant shutdown/breakdown for which we are not responsible, strikes or official orders. In the event of delay, the buyer is obliged to set a reasonable grace period. Claims for damages arising from delayed delivery are excluded.


Dispatch and assembly

Italian Coffee AG delivers ex warehouse at the buyer's expense to the specified address or to the valley station. Ground-level locations such as incoming goods, ramp, warehouse, workshop are considered unloading points. Transportation/installation within the building shall be at the buyer's expense. For special transportation, the buyer must provide assistants, elevators or cranes at his own expense. The assembly site must be prepared accordingly. If goods have to be relocated, the additional costs shall be borne by the Buyer. Partial deliveries are permissible. Changes after receipt of the order will be charged to the buyer additionally.
The goods travel at the risk of the recipient. In the case of delivery by truck, transport damage must be reported to the driver of the vehicle immediately upon arrival of the goods. The damage must be noted twice on the delivery bill. The LSVA shall be borne by the buyer. In the case of rail or postal transportation, the recipient undertakes to obtain an inventory from the transport company for any transport damage. Shipments to private individuals are always made cash on delivery.
If the buyer is in default of acceptance, Italian Coffee AG is entitled to store the goods at the risk and expense of the buyer.
If assembly and commissioning cannot be carried out in one step for reasons for which Italian Coffee AG is not responsible, the additional costs shall be borne by the buyer.

 

Payment terms

The following payment methods are available in our store: Master Card, Visa, PayPal, ApplePay, GooglePay, PostFinance, Post Card, Sofort Überweisung, Twint

 

Transfer

You will receive an invoice by email after placing your order. The invoice amount shown on the invoice is due and payable immediately. The order will only be processed once the invoice amount has been received in full.


Purchase

 

If you choose the cash on delivery payment method, an additional CHF 50.00 will be charged for transportation with our transport service provider.

 

Paypal

You pay the invoice amount via the online provider Paypal. You must always be registered there or register first, legitimize with your access data and confirm the payment order to us. You will receive further instructions during the ordering process.
Payments must be made in Swiss francs (CHF). The day on which Italian Coffee AG can dispose of the amount is decisive for the receipt of payment. The buyer waives the right to offset any claims against Italian Coffee AG against the purchase price.

Default

 

If the purchaser exceeds a payment deadline, he is in default without prior reminder and Italian Coffee AG is entitled to charge him an additional default interest of at least 6% of the amount owed. Italian Coffee AG reserves the right to withdraw from the contract if the buyer is in default of payment.

Retention of title
All purchased items remain the property of Italian Coffee AG until full payment has been made, which reserves the right to have the retention of title registered.

 


Warranty and exclusion of liability

The statutory warranty obligation of Italian Coffee AG for defects is hereby excluded. It is replaced by the purchaser's right to rectification free of charge if he notifies Italian Coffee AG of the defect within the agreed warranty period. The warranty period begins on the day of delivery. In the event of a recognized defect, Italian Coffee AG reserves the right to rectify the defect by repair or to make a replacement delivery against return of the goods; further claims of the buyer against Italian Coffee AG remain reserved if the rectification is not successful even in the second attempt. Italian Coffee AG reserves the right to replace parts of the purchased item instead of repairing it. Replaced parts become the property of Italian Coffee AG. The warranty for Italian Coffee AG goods does not extend to product defects caused by incorrect installation or use, misuse, negligence or other reasons on the part of the purchaser or third parties. Furthermore, no warranty is given for malfunctions or damage to our goods, in particular, but not exclusively, for the following reasons:

  • Inappropriate or improper use or negligent handling of the goods by the Buyer and/or third parties.
  • Faulty assembly or commissioning of the goods by the Buyer and/or third parties.
  • Deviation from agreed or customary operating conditions or failure to follow the Buyer's instructions in accordance with these GTC.
  • Non-compliance with the operating instructions or prescribed operating data or omission of the maintenance provided for in the operating instructions by the Buyer and/or third parties.
  • Natural wear and tear shall not be deemed a defect. (Example: calcification)

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The warranty period is not changed by the rectification, but continues to run without interruption. For newly installed parts, the remaining warranty period of the replaced parts applies. The buyer is not entitled to compensation for any direct or indirect damage caused by the defect in the purchased item (e.g. loss of profit, damage to the goods, loss of production, etc.).
The buyer is obliged to check the goods immediately upon receipt for completeness, correctness and other defects and to notify Italian Coffee AG in writing of any defects within 2 days of receipt, otherwise the corresponding warranty rights expire.
This exclusion of liability applies both to contractual and, to the extent permitted by law, to non-contractual claims.

 

Applicable law

Swiss law shall apply.


Jurisdiction

The place of jurisdiction is the Commercial Court of Zurich