Scope of application
The deliveries, services and offers of the online store of the
Tobelhof Gastronomie AG
Tobelhofstrasse 236
8044 Zürich
Our Webshop address is: https://shop.tobelhof.ch.
Offer
The offers price lists and advertisements do not constitute a legally binding offer, but an invitation to the customer to place a binding order for them. The offers are excluded from the binding nature of availability.
Prices
The reserve currency of the online store is Swiss francs. Any information on foreign currencies is indicative and becomes binding only upon conclusion of the contract at the daily exchange rate.
All prices include the statutory value added tax.
Price fluctuations are possible, the price indicated at the time of placing the order is decisive.
The prices stated in the order confirmation are decisive. These are fixed for stock items at the time of ordering. In case of delivery bottlenecks as well as errands, the daily price on the day of order is valid. The prices are in Swiss francs including the legal value added tax and, if not otherwise agreed, plus shipping costs. The current prices are published in the online store, price changes and errors excepted.
Conclusion of contract
By triggering the order by clicking the order button in the online store, the customer places a binding order for the products listed on the order page. The Restaurant Tobelhof AG confirms the receipt of the order immediately after its receipt. Orders are binding for Restaurant Tobelhof AG only after written order confirmation. If, after the order confirmation, it is determined that the delivery of the goods is not possible or that there was a price error, the order will be cancelled or, in the case of price errors, if the goods have already been delivered, the price difference will be claimed from the customer.
In case of price errors, the customer is entitled to return the goods to Restaurant Tobelhof AG, if the customer does not agree with the subsequent settlement of the price difference. In any case, the customer may not assert any further claims against Restaurant Tobelhof AG.
Restaurant Tobelhof AG is entitled to make partial deliveries and partial invoices at any time. If partial deliveries are made, Restaurant Tobelhof AG will pay the additional shipping costs. In the event of delays in delivery, the customer will be informed immediately.
Restaurant Tobelhof AG only accepts the payment methods displayed to the customer during the ordering process.
The information in the sales documents (drawings, illustrations, dimensions, weights and other performances) are only to be understood as approximate values and do not constitute a guarantee of properties unless they are expressly designated in writing as binding.
If a customer exceeds his credit limit by placing an order, Restaurant Tobelhof AG is released from the obligation to deliver.
Restaurant Tobelhof AG does not sell alcoholic beverages to young people under the age of 16 and does not sell spirits to young people under the age of 18. Restaurant Tobelhof AG reserves the right to carry out an age check before handing over or delivering the goods.
Delivery conditions
Delivery is usually made within 10 days and only to delivery addresses within Switzerland and the Principality of Liechtenstein.
Dates and delivery periods are non-binding unless expressly agreed otherwise in writing. The indication of certain delivery periods and delivery dates by Restaurant Tobelhof AG are subject to correct and timely delivery to Restaurant Tobelhof AG by suppliers and manufacturers.
Visible differences in quantity must be reported to Restaurant Tobelhof AG in writing immediately upon receipt of the goods, hidden differences in quantity within 4 days after receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the consignment.
Passing of risk
The risk shall pass to the customer as soon as the consignment has been handed over to the company performing the transport. If the shipment is delayed or becomes impossible through no fault of Restaurant Tobelhof AG, the risk is transferred to the customer with the notification of readiness for shipment. An assumption of the transport costs by Restaurant Tobelhof AG agreed upon in individual cases has no influence on the transfer of risk.
In the case of goods intended for collection, the benefit and risk of the item shall pass to the purchaser upon conclusion of the contract or provision for collection. The purchaser has to comply with the regular opening hours of the seller.
How long we store your data
For users who register on our website, we additionally store the personal information they provide in their user profiles. All users can view, modify or delete their personal information at any time (the username cannot be changed). Administrators of the website can also view and modify this information.
What rights you have to your data
The risk shall pass to the customer as soon as the consignment has been handed over to the company performing the transport. If the shipment is delayed or becomes impossible through no fault of Restaurant Tobelhof AG, the risk is transferred to the customer with the notification of readiness for shipment. An assumption of the transport costs by Restaurant Tobelhof AG agreed upon in individual cases has no influence on the transfer of risk.
In the case of goods intended for collection, the benefit and risk of the item shall pass to the purchaser upon conclusion of the contract or provision for collection. The purchaser has to comply with the regular opening hours of the seller.
Warranty
If the delivered goods are defective at the time of transfer of risk, e.g. due to a manufacturer’s defect, or if there is a wrong delivery or an incomplete delivery, Restaurant Tobelhof AG shall, at its own discretion, deliver a replacement or cancel the purchase and refund the purchase price to the customer.
Restaurant Tobelhof AG will refund the postage of the return shipment in case of wrong delivery or delivery of defective goods.
Insignificant deviations from warranted characteristics of the goods shall not trigger any warranty or guarantee rights. Liability for normal wear and tear is excluded. This also applies insofar as the defect is due to improper use, storage and handling of equipment, or third-party intervention as well as the opening of equipment.
The warranty claim of the customer expires if he does not report the defect or wrong delivery within 14 days after receipt of the goods by e-mail (info@tobelhof.ch), telephone or mail.
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 made, are conclusively regulated in these GTC. Under no circumstances shall the customer have any claims for compensation for damage that has not occurred to the product itself. This shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents. Any liability claim exceeding the value of the order is excluded.
The exclusion of liability pursuant to the preceding paragraph shall not apply to unlawful intent (intent) or gross negligence.
The ordered products may only be used for the agreed and intended use.
Default of acceptance
If the customer refuses to accept the delivery items or declares that he does not wish to accept the goods after the expiry of a time limit set for him, Restaurant Tobelhof AG may refuse performance of the contract and claim damages for non-performance.
The Restaurant Tobelhof AG is entitled to claim as compensation either a lump sum of 25% of the agreed purchase price or compensation for the actual damage incurred by the customer.
Returns
Customers have the right to return the goods during 14 days after their delivery. The right of return is exercised by returning the goods, which must be unopened and unused.
Restaurant Tobelhof AG must be notified of the return shipment before it is sent back.
Perishable goods, hygiene articles and consumer goods are excluded from return in any case.
Exercising the right of return results in the conversion of the purchase agreement into a rescission relationship, according to which the services received under the purchase agreement must be refunded.
Upon receipt of the goods, any purchase price already paid will be credited to the customer’s account or to the previously debited means of payment. However, we reserve the right to deduct the purchase price to be refunded or to invoice for possible damage, unacceptable wear and tear of the goods or, if agreed, shipping costs of the goods.
Restaurant Tobelhof AG may refuse to credit the customer until it has received the goods back or the customer has provided proof that it has returned the goods, whichever is the earlier.
In any case, the customer is responsible for packing the goods to be returned in a manner suitable for transport. Damage/loss of the goods due to improper packaging will be charged to the customer. If the customer hands over the goods to a transport company, the customer bears the risk for the safe transport of the goods. The risk shall not pass to Restaurant Tobelhof AG until the goods have arrived at Restaurant Tobelhof AG’s domicile.
Payment
Restaurant Tobelhof AG accepts only the payment methods offered in the online store.Restaurant Tobelhof AG
Customer reviews
If the customer writes a customer review, Restaurant Tobelhof AG is entitled to display this text in all channels such as webshop, websites, apps and social media presences of Restaurant Tobelhof AG. Restaurant Tobelhof AG reserves the right not to display a review or to display it only for a limited period of time and, insofar as this is required for legal reasons (e.g. in the case of violation of personal rights), to display it in abridged form. Customer reviews exclusively reflect the opinions of the customers and do not necessarily agree with the opinion of Restaurant Tobelhof AG.
Privacy
Restaurant Tobelhof AG undertakes to comply with data protection regulations when processing customer data. Further information on the handling of customer data can be found on the separate privacy policy. The Privacy Policy is an integral part of these General Terms and Conditions. By accepting the general terms and conditions, the customer also agrees to the privacy policy.
Copyrights
Companies, brands, trademarks, images and logos used on the Restaurant Tobelhof AG online store are the property of their respective owners.
Jurisdiction
The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Zurich. The legal relationship is subject to Swiss law.
Final provisions
The contract is concluded exclusively in German and English.
Restaurant Tobelhof AG reserves the right to change the general terms and conditions at any time. The respective binding version of the GTC can be viewed and printed out on the webshop.
Should any provision of these general terms and conditions be invalid, this shall not affect the validity of the remaining provisions and the general terms and conditions as a whole. The relevant statutory provisions shall apply in place of the invalid provision.
Zurich, April 27, 2022