General Terms of Sale (GTS)
1. Scope of Application
These general terms and conditions of "Vanda Specialty Coffee di Vanda Dias Valente Puglisi, Via Maggio 19, 6900 Lugano" (hereinafter referred to as the "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller regarding the goods and/or services presented by the Seller in its online store. The inclusion of the Customer’s own general terms is hereby opposed, unless otherwise agreed.
These General Conditions of Sale apply, mutatis mutandis, to contracts for the delivery of vouchers, unless otherwise expressly agreed.
A consumer within the meaning of these General Conditions of Sale is any natural person who enters into a legal transaction for purposes that cannot be attributed either to their commercial or independent professional activity. An entrepreneur within the meaning of these General Conditions of Sale is any natural or legal person or partnership with legal personality that, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
2. Conclusion of Contract
2.1 The descriptions of products contained in the Seller's online store do not constitute binding offers from the Seller but serve to present a binding offer from the Customer.
2.2 The Customer can submit the offer through the online order form integrated into the Seller’s online store. In doing so, after entering their personal data, the Customer submits a legally binding contractual offer regarding the goods and/or services contained in the shopping cart by clicking on the button that completes the ordering process.
2.3 The Seller may accept the Customer's offer within five days by:
If more than one of the aforementioned alternatives exists, the contract is deemed concluded at the moment when the first of the aforementioned alternatives occurs. If the Seller does not accept the Customer's offer within the period mentioned above, this will be considered a refusal of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiration of the fifth day following the sending of the offer.
2.5 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e.g. email) after the order is submitted, along with these General Terms of Sale.
2.6 Before making a binding order via the Seller's online order form, the Customer may continuously correct their entries using the standard functions of the keyboard and mouse. Additionally, all entries are displayed again in a confirmation window before the binding order is submitted and can also be corrected there using the standard functions of the keyboard and mouse.
2.7 The conclusion of the contract is available in German, French, Italian, and English.
2.8 Order processing and contact take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that the emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered.
3. Right of Withdrawal
Consumers generally have the right of withdrawal. Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4. Prices and Payment Conditions
4.1 The prices indicated by the Seller include the applicable VAT and other price components. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The Customer has several payment methods available, as indicated in the Seller's online store.
4.3 If advance payment has been agreed, payment is due immediately after the conclusion of the contract.
4.4 Other payment methods must be agreed upon between the parties.
5. Delivery and Shipping Conditions
5.1 The delivery of goods takes place regularly by shipment to the delivery address specified by the Customer. The delivery address specified in the Seller’s order processing is authoritative. In deviation from this, if the PayPal payment method has been selected, the address stored by the Customer with PayPal at the time of payment will be authoritative.
5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment.
5.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold transfers at the time of shipment of the goods or when they are handed over to the appointed carrier.
6. Liability for Defects
The statutory liability for defects applies.
7. Redemption of Gift Vouchers
7.1 Gift vouchers that can be purchased through the Seller's online store (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online store, unless otherwise stated in the Gift Voucher.
7.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed within 12 months from the date of purchase. Remaining balances will be credited to the Customer until the expiration date.
7.3 Gift Vouchers can only be redeemed before completing the ordering process. Subsequent redemption after the completion of the order is not possible.
7.4 Multiple Gift Vouchers cannot be redeemed for a single order.
7.5 Gift Vouchers can only be used for the purchase of goods and cannot be used for the purchase of additional Gift Vouchers.
7.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to pay the difference.
7.7 The balance of a Gift Voucher will not be paid in cash and will not accrue interest.
8. Applicable Law, Jurisdiction
8.1 If the Customer acts as a consumer, all legal relationships between the parties are governed by Swiss law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods, and the exclusive jurisdiction for all disputes arising from this contract will be the Customer's place of residence.
8.2 If the Customer acts as an entrepreneur, the exclusive jurisdiction for all disputes arising from this contract will be the Seller's place of residence or business.
8.3 In case of disputes, the text in the Italian language prevails.
ADDITIONAL PROVISIONS
Copyright
The information, texts, multimedia elements, images, videos, logos, audio and video excerpts, photographs, graphics, icons, drawings on this site are protected by applicable national and international intellectual property rights and are bound by copyright contracts. Therefore, downloading and using any element from this site for any purpose is prohibited unless specific agreements between the parties are made.
Contracts
Contracts concluded through the online store cannot in any way be considered as the establishment of a simple partnership or any other form of company and/or association between the parties. Consequently, none of the parties can be held liable to third parties for the commitments made by the other party, even if such commitments are directly and/or indirectly related to the contracts concluded in the online store.
Contacts:
Vanda Specialty Coffee
di Vanda Dias Valente Puglisi
Via Maggio 19
6900 Lugano
info@myspecialtycoffee.ch