General Terms and Conditions of iatitai.de (Superswiss GmbH, Switzerland)
The general terms and conditions (hereinafter referred to as « GTC ») apply to all orders concluded via the IATITAI online shop (hereinafter referred to as « iatitai.de“) and closed contracts (hereinafter referred to as « order“).
iatitai.de reserves the right to change the terms and conditions. The version of the GTC applicable at the time of the order is decisive, which cannot be unilaterally changed for this order.
The offer is aimed at natural customers with residence or legal clients based in Switzerland and Europe.
The offer is valid as long as it is visible in the online shop and/or stock last. Price and product range changes are possible at any time. The illustrations shown in advertising, brochures, in the online shop etc. as well as all information on the products (list of ingredients, nutritional information, food facts, allergy information, etc.) are for illustration purposes and are non-binding. The specific information on the product packaging is decisive.
The prices are in Euro, including VAT.
The decisive factor is the price in the online shop at the time of the order.
Ordered chargeable additional services such as delivery etc. are listed separately in the shopping cart and on the invoice.
The presentation of the products in the online shop is not a legally binding application, but a non-binding online catalog or a non-binding invitation to customers to order the product in the online shop. iatitai.de reserves the right to restrict the delivery quantities for certain products and not to execute the delivery if the order is exceptionally heavy or voluminous.
An order is considered an offer to iatitai.de to conclude a contract.
The minimum order values communicated in the online shop and the delivery cost guidelines apply.
After submitting the order, the customer automatically receives an acknowledgment of receipt that documents that the order has been received by iatitai.de. The customer can only add to or cancel the order until it is processed in one of our logistics centers. If an order is added, the original order is used as the basis for calculation, however, special offers and discounts are not taken into account at the time of the addition.
iatitai.de is free to refuse orders in whole or in part without giving reasons. In this case, the clientele will be informed and any payments already made will be reimbursed. Further claims are excluded, in particular there is no forwarding of the non-deliverable products. Products that are temporarily unavailable cannot be reserved.
5. Conclusion of Contract
A contract is only concluded when the order is processed in the iatitai.de logistics center. As soon as the order has been made available for dispatch in the logistics center, customers will receive an order confirmation by email.
6.1 Delivery area
The customer’s delivery address must be in Switzerland or Europe.
6.2 Delivery times
The available delivery times are shown in the online shop and can be selected by the customer for each order. It is not possible to determine an exact delivery time within the delivery period. Deviations in time and the blocking of a specific delivery date are possible, especially on peak days with an exceptionally high delivery volume, whereby all claims for damages and other claims by customers are excluded.
No deliveries are made on Sundays and official national or regional holidays.
If the customer is not on site at the time of delivery and has not given any special delivery instructions, the delivery will be deposited in front of the apartment door or at the reception or in front of the company’s front door. Depending on the respective delivery window, delivery can also be made to a neighbor living in the same building, if the customer has specified this delivery option before ordering. If the customer’s mailbox belongs to a mailbox system, the delivery man will deposit a pick-up invitation in the mailbox. The customer must then collect the delivery from the appropriate post office.
The customer assumes responsibility for the delivered products, even if they have not received them directly.
The delivery costs depend on the value of the ordered products (minimum order value excl. Delivery costs, depots and credits). The delivery costs communicated in the online shop and the delivery cost guidelines apply. The delivery costs are listed as an additional item in the shopping cart and on the invoice.
Provided that the customer proves compliance with any storage conditions, iatitai.de assumes that the ordered products are free from defects until the expiry date, but not more than 2 years from delivery. For products without an expiry date, the statutory regulation of 2 years from delivery applies.
iatitai.de can provide the guarantee either by partial or complete replacement with an equivalent product, credit up to a maximum of the sales price at the time of the order, or reduction.
A general right of return of defect-free and correctly delivered products does not exist. The warranty is explicitly excluded for products whose intrinsic quality (e.g. taste or smell quality) does not meet the requirements of the customer or which have been damaged by improper handling or interruption of a possible cold chain by the customer as well as products ordered by mistake.
8. Notice of Defects
If products are delivered with obvious damage to the packaging or the content, the customer must, without prejudice to their rights to defects, immediately complain to the delivery man and refuse acceptance. The customer is obliged to receive a delivery confirmation from the delivery man. All transport damage must also be reported to iatitai.de immediately.
It is also the customer’s responsibility to check the ordered products immediately upon receipt and to store them correctly (especially refrigerated or deep-frozen). For any defects or deviations from the order, the customer service of iatitai.de must be notified on the day of delivery either by phone or by email. Thereafter, only hidden defects can be claimed, which must be reported to iatitai.de customer service immediately after discovery. The amount paid by the customer for the defective goods will be credited to the customer account. iatitai.de reserves the right to request proof of the defect.
9.1 Electronic means of payment
Payments must be made in Euro or the contractually agreed currency.
Credit cards, debit cards and PayPal are accepted as methods of payment. When paying by credit card or debit card, the debit is made immediately after confirmation or after processing the order in the logistics center of iatitai.de.
9.2 Refunds, Credit Note, Credit
If the customer is entitled to refunds or other credits, these will be credited to the credit card / PayPal used.
iatitai.de vouchers are in no case for sale or auction. Only one voucher can be used per order.
10. Applicable Court and Place of Jurisdiction
Substantive Swiss law is applicable to the legal relationship between iatitai.de and the customer, with the exception of conflict-of-law norms and the Vienna Sales Law.
The place of jurisdiction for natural persons is Baar/ZG or the customer’s place of residence in Switzerland. The exclusive place of jurisdiction for legal entities is Baar/ZG.
11. Contact/Customer Service
If you have any questions, please contact the customer service of iatitai.de by email: firstname.lastname@example.org.
Entry into force of these terms and conditions: 01.06.2020
Baar, June 1st, 2020