Generell terms and conditions of business (GTC)
1) General scope of application
The website www.eisbock.ch and the online shop on this website are the property of Eisbock GmbH, Artherstrasse 16, 6300 Zug. The ordering of products from the webshop on www.eisbock.ch or in other ways takes place on the basis of these General Terms & Conditions of Business (GTC). By placing an order, the user accepts these GTC. Conflicting provisions of the customer’s own terms and conditions are inapplicable. The offers are expressly directed only to customers who are at least 18 years old and have a delivery address in Switzerland or in the Principality of Liechtenstein.
2) Information on the products and services
Eisbock GmbH endeavours to ensure that all specifications and information provided about the products and services are up to date, correct and complete. These specifications are provided without guarantee and may in some cases, e.g. alcohol content, vary from the stated values. In such cases the statutory declarations on the labels apply.
3) Conclusion of contract
The products selected by the customer via the >Add to cart < button are displayed once again in an order list at the end of the ordering process. Here, the customer will have the opportunity to check all the information entered during the ordering process and to supplement or correct this by clicking the >Edit< button. By clicking the >Buy now< button, the customer’s order via the webshop becomes binding in relation to Eisbock GmbH. The customer undertakes to provide truthful information when placing his/her order. Eisbock GmbH recommends customers to print out the respective order and the General Terms & Conditions valid at the time of ordering. Receipt of the order is confirmed by Eisbock GmbH by email which contains the details of the order. The contract language is German. An obligation to deliver only exists after email confirmation by Eisbock GmbH, unconfirmed orders do not give rise to any obligation to deliver. The definitive declaration of acceptance is shipment of the order by Eisbock GmbH. These GTCs also apply to contracts and orders made on the basis of this website, but that were otherwise confirmed, e.g. by telephone or letter. Customers will be informed of where they can download the GTC from the internet in the order confirmation. If a customer does not agree with the GTCs, he/she can exercise a right of withdrawal by not accepting the said GTCs.
4) Prices, shipment, payment
Eisbock GmbH reserves the right, without prior notice, to adjust the prices of the products as well as the shipment costs at any time. The price at the time of placing the order is definitive for invoicing. The prices include VAT at the statutory rate in Switzerland. The shipment costs of the products depend on weight and shipment method and are calculated and posted separately. Prepayment or PayPal can be selected as payment options in the webshop. If advance payment is selected, our account details will be stated in the order and contract confirmation. In the case of a PayPal payment, the customer will be automatically redirected to the PayPal site after completing the ordering process. The payment procedure will then depend on the terms of PayPal. Eisbock GmbH reserves the right to deliver only against payment in advance and on receipt of payment.
Vouchers are sent to the customer by post and can either be redeemed directly at Eisbock GmbH in the brewery or in the webshop via the coupon number on the voucher. Vouchers can only be redeemed in the webshop before completion of the order process and cannot be credited retrospectively. Purchases in the webshop are deducted from the credit balance on the respective voucher. Any unused credit balance is retained for future use. If the value of the purchase exceeds the credit balance on the voucher, the difference must be paid by one of the other available payment methods. No charges are incurred for redeeming vouchers. The individual voucher number is valid for 2 years after the date of issue and can be redeemed in the corresponding field in the Eisbock GmbH webshop. The voucher is only voided on conclusion of the purchase. Cash payment of the voucher credit balance is not possible.
5) Deliveries, deficiencies
Eisbock GmbH endeavours to ship the order as soon as possible, usually within 3-5 working days of receipt of payment. Exceptions to the above will be communicated to the purchaser in a separate email. The goods will be delivered to the address stated by the buyer. The purchaser will receive a notice of shipment by email as soon as his/her goods are shipped. The standard logistics partner is Swiss Post. The goods are delivered at the expense and risk of the customer. No liability is accepted for delays in delivery. If the delivery is defective, this is to be documented by photo and reported immediately by email to Eisbock GmbH. Any products returned to Eisbock GmbH by the customer requires the prior consent of Eisbock GmbH. Furthermore, such returns are made at the expense and risk of the customer, whereby the products have to be in their original packaging, unused and enclosed with a detailed description of the defects and deficiencies.
6) Retention of title
The goods remain the property of Eisbock GmbH until full payment.
Claims for damages against Eisbock GmbH are excluded unless these are due to intentional or grossly negligent action.
8) Withdrawal from contract
The customer has the right to withdraw from this contract within fourteen days, without giving reasons.
The cancellation period is fourteen days from the date on which the customer or a third party designated by the customer, who is not the carrier, has taken possession of the goods, if the customer has ordered one or several different products in a single order and the product or products is/are delivered in a total delivery or from the date on which the customer or a third party nominated by the customer, who is not the carrier, have taken possession of the last of the products, if the customer has ordered several products in a single order and the products are delivered separately.
In order to exercise this right of withdrawal, the customer must inform Eisbock GmbH, Artherstrasse 16, 6300 Zug, Tel.: 076 527 81 77, email: email@example.com of the decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email).
To comply with the cancellation period, it is sufficient for the customer to send notice concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
If the customer withdraws from this contract, Eisbock GmbH is required to immediately reimburse to the customer all payments that Eisbock GmbH has received from the customer, including delivery costs (except for the additional costs arising from the customer’s selection of a different delivery method than that offered by Eisbock GmbH as standard) but no later than fourteen days from the day on which the notification of the customer’s withdrawal from this contract was received by Eisbock GmbH. For this reimbursement, Eisbock GmbH will use the same means of payment as used by the customer in the original transaction, unless otherwise agreed with the customer; in no event will the customer be charged for this repayment. Eisbock GmbH can withhold repayment until the merchandise has been returned to Eisbock GmbH, in its original packaging and unused.
The customer must return the goods immediately and no later than fourteen days from the day on which the customer informed Eisbock GmbH of his/her withdrawal from this contract to Eisbock GmbH, Artherstrasse 16, 6300 Zug. This deadline is met if the customer sends the goods before the end of the said fourteen day period.
Eisbock GmbH bears the costs for the return shipment of the goods.
9) Data protection
The processing of personal data (names, postal addresses, telephone numbers, etc.), which the customer discloses in connection with the use of the online services of Eisbock GmbH, is subject to data protection legislation. Such data is not passed on to third parties.
The protection of your personal data is an important concern for Eisbock GmbH. For detailed information on the scope and purpose of the data use of Eisbock GmbH, please refer to our Data Protection Policy.
10) Place of jurisdiction and governing law
This contract is exclusively governed by Swiss law. Unless otherwise provided by law, the exclusive place of fulfilment and jurisdiction for all disputes is Zug, Switzerland.
For contracts with consumers, Art. 32 of the Swiss Code of Civil Procedures (ZPO) applies.
11) Miscellaneous provisions
Eisbock GmbH reserves the right to modify these GTCs at any time. The currently valid GTCs can be viewed on www.eisbock.ch as well as on order completion and must be accepted as part of the ordering process. If one or more provisions of these GTCs are invalid, this shall not invalidate the contract as a whole. The invalid provision shall be replaced by the relevant statutory provision.
Eisbock GmbH, 1. January 2019