Terms and Conditions
General Terms and Conditions of G. Bianchi AG
- Scope of Application
1 All orders placed by a customer with G. Bianchi AG are subject to these General Terms and Conditions (Terms and Conditions). By placing an order, the customer confirms having read and understood the Terms and Conditions and agrees to them without reservation. Provisions deviating from these Terms and Conditions require written form to be valid.
2 These Terms and Conditions govern the sale of goods by G. Bianchi AG to its customers.
- Customers
G. Bianchi AG generally supplies only customers who use the ordered goods in the course of their professional or business activities.
- Orders
1 The offers of G. Bianchi AG are subject to change and non-binding.
2 All images and product representations of G. Bianchi AG goods in the webshop and sales lists are descriptions only and do not constitute warranties regarding the properties of the goods.
3 Orders can be placed by telephone, email, online via the webshop, or through the Bianchi app.
4 Cancellation of orders is not possible. In exceptional cases, G. Bianchi AG may, at its sole discretion, agree to accept a cancellation of the order.
- Prices
1 The prices of G. Bianchi AG in price lists are not binding. In particular, G. Bianchi AG may change them at any time without stating reasons and without prior notice. Only the prices individually agreed between the customer and G. Bianchi AG are binding.
2 Prices are stated in Swiss Francs (CHF) and are to be understood as net prices, i.e., excluding value-added tax.
- Deliveries
1 Delivery of the ordered goods is made free to the customer’s premises or valley railway station according to the delivery schedule.
2 Delivery costs are included in the price. This is subject to the case of a subsequent delivery pursuant to Art. 5 Para. 3 of these Terms and Conditions.
3 Subsequent deliveries are sent to the customer by post. The customer will be charged a fee for this. Subsequent deliveries are deliveries that are required and ordered by the customer at short notice but would not arrive in time through regular delivery within the delivery schedule. G. Bianchi AG assumes no responsibility for postal shipments.
4 Unloading times cannot be fixed. However, G. Bianchi AG endeavors to offer a specific time window for delivery.
5 Unless the customer expressly communicates otherwise, G. Bianchi AG may assume that acceptance of the delivery may be made by persons employed in the customer’s business.
6 The customer may authorize G. Bianchi AG to deposit the ordered goods independently on the customer’s premises.
7 Benefit and risk pass to the customer upon acceptance of the goods.
8 The customer undertakes to accept and pay for the ordered goods under the agreed conditions. If the customer refuses to accept the goods without cause or for reasons for which G. Bianchi AG is not responsible, the customer immediately falls into default pursuant to Art. 102 et seq. of the Swiss Code of Obligations (OR).
- Defects
1 Upon receipt of the goods and signing of the delivery note, the customer acknowledges the perfect condition and completeness of the delivery. Acknowledgment of the perfect condition and completeness of the delivery may also be made electronically by signing the digital delivery note.
2 The customer is obliged to measure the temperature of the delivered goods upon receipt in the presence of the driver and in the vehicle of G. Bianchi AG.
3 Complaints regarding quality defects (apparent and hidden defects), incorrect goods, or weight discrepancies must be reported to G. Bianchi AG immediately, but no later than within 24 hours of receipt of the goods and before processing, in writing, by email, or by telephone. If the complaint reaches G. Bianchi AG after expiry of this period, the delivered goods are deemed approved and the customer’s warranty claims lapse. This is subject to the case of intentional deception regarding the defect by G. Bianchi AG within the meaning of Art. 203 OR.
4 If the delivered goods are defective and the customer’s complaint is made within the period pursuant to Art. 6 Para. 3 of these Terms and Conditions, G. Bianchi AG will take back the defective goods and replace them with new defect-free products. Other warranty rights (rescission and price reduction) are expressly excluded hereby. The customer is obliged to store the defective goods carefully and in accordance with the provisions of the Swiss Food Act (LMG) and the Hygiene Ordinance of the FDHA (HyV) until they are taken back by G. Bianchi AG. In particular, the customer must ensure proper refrigeration of the defective goods.
5 If the requirements for return pursuant to Art. 6 Para. 4 of these Terms and Conditions (defective goods and timely notice of defects) are not met, G. Bianchi AG is also not obliged to take back the goods. Warranty rights lapse in such a case. In exceptional cases, G. Bianchi AG may, at its sole discretion, agree to take back the defective goods and replace them with defect-free ones.
- Payments
1 Payment of the purchase price must be made within 15 calendar days from the invoice date, strictly net, without deduction. G. Bianchi AG reserves the right to adjust the payment terms individually on a case-by-case basis.
2 Payment must be made in Swiss Francs (CHF).
3 Upon expiry of the payment period pursuant to Art. 7 Para. 1 of these Terms and Conditions, the customer falls into default without special reminder. If the customer is in default with payment of the purchase price in whole or in part, default interest of 5% per annum and reminder fees become immediately due and are invoiced. The reminder fees amount to CHF 20.00 for the first reminder, CHF 50.00 for the second reminder, and CHF 100.00 for the third reminder. G. Bianchi AG is also entitled, without reminder, to cancel and/or suspend all further orders of the customer until the entire outstanding claim is settled.
- Liability
1 G. Bianchi AG is liable in connection with the performance of the contract only for direct damages intentionally or through gross negligence caused and for which it is responsible. Any further liability or obligation, in particular liability for indirect or consequential damages as well as for lost profits, is expressly excluded hereby.
2 In the event of force majeure, i.e., unforeseen, serious circumstances and events not caused by G. Bianchi AG, G. Bianchi AG assumes no liability and is entitled to suspend or cancel orders in whole or in part. Cases of force majeure include, but are not limited to, strikes, fire, war, transport obstacles (e.g., due to snowfall), or official measures.
- Retention of Title
The delivered goods remain the property of G. Bianchi AG until they are paid for in full.
- Data Protection
1 G. Bianchi AG complies with the provisions of the Swiss Data Protection Act (DSG) when collecting, processing, and using the customer’s personal data. The customer agrees that G. Bianchi AG may pass on customer data to third parties if this is necessary for the provision of services.
2 The customer hereby expressly consents to G. Bianchi AG obtaining a credit report about the customer.
- Intellectual Property
The content of the G. Bianchi AG webshop, in particular but not exclusively the texts, trademarks, logos, representations, graphics, photographs, and videos, are the sole property of G. Bianchi AG. In particular, G. Bianchi AG has the sole right to use this content. The customer may only use, reproduce, distribute, or transmit the content of the G. Bianchi AG webshop to third parties if G. Bianchi AG has expressly consented to this in writing in advance.
- Amendment of the Terms and Conditions
G. Bianchi AG may amend these Terms and Conditions unilaterally at any time. In doing so, it undertakes to notify the customer of the amendments in advance and in an appropriate manner. Without written objection from the customer within 30 days of notification, the amendments are deemed approved.
- Jurisdiction and Applicable Law
1 For all disputes arising directly or indirectly from the contractual relationship established between the customer and G. Bianchi AG as a result of the order of goods, the ordinary courts at the registered office of G. Bianchi AG have exclusive jurisdiction.
2 Swiss law applies exclusively, to the exclusion of the Vienna Sales Convention.
- Severability Clause
Should individual provisions of these Terms and Conditions prove to be invalid, ineffective, or unenforceable, the validity, effectiveness, and enforceability of the remaining parts of these Terms and Conditions shall not be affected thereby.