AGB EN
1. Applicability and scope
The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships between Nippon Food GmbH (hereinafter referred to as "Nippon Food GmbH", "us" or "we") and our customers (hereinafter referred to as "Customer", "Buyer" or "you"). These T&Cs apply to all products (hereinafter referred to as "Products" or "Goods") purchased through our online store (hereinafter referred to as the "Website").
The online shop is operated by:
Nippon Food GmbH
Pilatusweg 5, 6374 Buochs
VAT No.: CHE - 109.758.151
Phone +41 79 798 01 28
E-mail: info@nipponfood.ch
Individual agreements with the customer take precedence over these T&Cs. Terms and conditions of the customer that contradict these will not be accepted.
Nippon Food GmbH reserves the right to change the General Terms and Conditions (GTC) at any time. Changes will come into force with the publication of the new T&Cs on the Website. The date of submission of your binding order is decisive for the validity of the GTC.
Please read these General Terms and Conditions (GTC) carefully before placing a binding order. By placing a binding order, you agree to the following terms and conditions and our privacy policy. You also confirm that you are allowed to enter into legally binding contracts and that you are at least 18 years old.
2. Conclusion of a sales contract
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue or an invitation to customers to order the products. Nippon Food GmbH reserves the right to change products and content such as images, assortment, prices and product descriptions at any time and without notice. Illustrations, pictures, brochures, advertising and other information about our products are purely informative and not obligatory for Nippon Food GmbH.
Customers can place a binding order for the products they have selected via our online shop. You have the option of placing your selection in the "shopping cart", but this does not yet constitute a binding order. An order only becomes binding when the customer clicks the "Order" button on the order page at the end of the ordering process. Until the final and binding submission of the order, the customer can check and change his details at any time and correct any input errors.
An order confirmation will be sent to the customer immediately and automatically by e-mail. This confirmation email contains the details of the order and our terms and conditions accepted by the customer during the ordering process. The confirmation email only serves as information that we have received the order. The automatic order confirmation does not yet constitute a purchase contract. By submitting the order, the customer confirms that he has read the GTC and agrees to them without reservation. In addition, he confirms that he has reached the legally required minimum age and undertakes to ensure that either he or an adult authorized by him is allowed to receive the goods.
After the customer has placed a binding order, Nippon Food GmbH is free to either accept the order at its own discretion or to reject it by sending a corresponding notification by e-mail and without assuming liability towards the customer or third parties. Any payment already made will be refunded to the customer upon cancellation of the order. Reasons for rejecting an order may include, for example, that a product is no longer available, if we cannot obtain authorization for the customer`s payment, or if there is reason to believe that the customer is acting in violation of these T&Cs, individual contracts, fraudulent or other criminal activity, or for any other important reason.
Upon acceptance of the order, a binding purchase contract is created with the customer. This acceptance is made by shipping the ordered products.
3. Sale to minors
In Switzerland and Liechtenstein, the sale of alcoholic beverages to young people under the age of 16 is prohibited by law, as is the sale of spirits, aperitifs and alcopops to under 18s. Customers who order on www.nipponfood.ch acknowledge these provisions and expressly confirm that they are entitled to purchase by ticking a checkbox. The seller does not verify the information further and accepts no liability for violations or incorrect information.
4. Availability and reservation of performance for non-deliverable products
All information about the availability, shipping and delivery of a product is preliminary information and approximate indications. They do not constitute binding or guaranteed shipping or delivery dates. Liability for unavailable products or for delays in shipping or delivery is expressly excluded.
We also reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by e-mail.
5. Prices and shipping costs
Our products and their prices are the same as those stated on our website. All prices are shown in CHF (Swiss francs) and include the statutory VAT of 8.1% for alcohol and non-food items. In the food sector, VAT is 2.6%.
Nippon Food GmbH reserves the right to adjust prices at any time. The products will be billed at the prices in force at the time the order is placed.
Shipping costs are not included in the prices listed.
6. Payment Terms / Credit Check
Orders are generally due for payment immediately.
The customer has the option of paying with the means of payment displayed on the website or in the order process. These may change from time to time.
By choosing the means of payment, the customer authorizes the payment either by entering the credit card data or access data of a payment service provider. The customer authorizes Nippon Food GmbH to collect or collect payments in the appropriate way. In the event of chargebacks, Nippon Food GmbH is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, Nippon Food GmbH is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.
If you pay with a credit card or alternative payment method, we reserve the right to check the validity of the card, check the availability parameters for the debit and address details, and request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. In case of refusal of payment, Nippon Food GmbH reserves the right to cancel the order and stop shipping the products. In this case, we will contact you immediately.
7. Terms of delivery in Switzerland
The delivery will be carried out after receipt of your order and payment by Nippon Food GmbH.
We deliver to addresses in Switzerland and the Principality of Liechtenstein, with delivery usually carried out by the delivery service of Swiss Post Ltd.
Parcels with perishable goods are sent in such a way that they do not remain at the post office over the weekend.
If you would like an alternative delivery address, please leave a comment at the end of the checkout process.
From a purchase value of CHF 150, Nippon Food GmbH will cover the shipping costs.
If you order products in our online store that are in stock, delivery will take place within 5-6 working days after receipt of payment, depending on the destination. You can use the tracking number to track the current location of your order.
If the products are marked as out of stock at the time of ordering, Nippon Food GmbH will make the delivery as soon as possible. We strive to meet the stated delivery times, but we are not responsible for delivery delays, regardless of their reason. We will inform you immediately of any delays in delivery.
If a delay in the provision of services lasts longer than 3 weeks after the original delivery date, the customer has the right to cancel his order. Further claims, in particular for damages, are excluded.
If the delivery of the product fails due to the fault of the customer despite three delivery attempts, Nippon Food GmbH can withdraw from the contract. Payments already made will then be refunded immediately.
8. Delivery abroad
International deliveries are made by appointment. It should be taken into account that additional taxes and customs fees may apply, which the customer must bear in full.
Returns or shipment - Rejections due to non-compliant or deviating food regulations and declarations abroad, as well as the costs of examinations and samples, are entirely the responsibility of the customer.
It is up to Nippon Food GmbH to decide whether to accept orders from abroad.
9. Retention of title
Nippon Food GmbH remains the owner of the products supplied until they have been paid for in full.
10. Right of withdrawal and return
Orders are binding, neither a right of withdrawal nor a right of return is granted.
11. Transport damage
The customer must make complaints about transport damage directly to the post office / transport company within the specified period and also inform Nippon Food GmbH. Nippon Food GmbH assumes no liability for transport damage not caused by its own fault.
12. Notice of Defects/Warranty
Upon receipt of the products, the customer must immediately check them for accuracy, completeness and any damage. Errors or damage must be reported to Nippon Food GmbH within 3 working days. Deficiencies that could not be discovered during a proper inspection and only occur later must be reported in writing immediately after their discovery. If you do not inspect the defect or report it immediately, the goods will be deemed approved and you will no longer be entitled to make any claims against us.
Products that have been damaged through the buyer`s own fault are excluded from the warranty.
The warranty claims of the customer are limited to replacement delivery to the exclusion of all other claims, in particular reduction or replacement of indirect and consequential damages. If a subsequent delivery fails, the customer is entitled to withdraw from the contract in the event of significant defects.
For the complaint notification or service questions, please contact us at the following address with the order number, the customer number, a description of the fault and other helpful information:
Nippon Food GmbH, Im Winkel 6, 8910 Affoltern am Albis,
+41 79 798 01 28, info@nipponfood.ch
The defective product must be returned to the above address of Nippon Food GmbH with a copy of the invoice and a detailed description of the defect. The return of a product is at the expense and risk of the customer. Please have your return confirmed and keep this confirmation, as in the event of a package loss, your warranty claim cannot be processed.
13. Liability
In the event of a breach of its own obligations under these GTC and the contractual relationships based on them, Nippon Food GmbH shall only be liable for damages caused and proven by it through unlawful intent or gross negligence. For slight and medium negligence as well as for indirect and consequential damages, liability is expressly excluded, whether based on contract, tort or for any other reason. Indirect damages include, for example, lost profits, financial losses, reputational damage or loss of data due to temporary impairments or interruptions in the availability of Nippon Food GmbH`s services. In addition, Nippon Food GmbH assumes no contractual or non-contractual liability for damages caused by auxiliary persons who are called upon to provide the service.
Subject to the foregoing, the total liability under these T&Cs, regardless of the reason, and to the extent permitted by law, shall be limited to the price of the goods ordered by the customer from us.
14. Data protection
Nippon Food GmbH collects and processes personal data only within the framework of the statutory provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our Privacy Policy, which forms an integral part of these Terms and Conditions.
15. Copyright
The information and content published on the website are protected by copyright and are the property of Nippon Food GmbH or the respective rights holder. Duplication, processing, distribution or any other form of exploitation require the prior written consent of the respective rights holder. Nippon Food GmbH and the corresponding rights holder expressly reserve all rights in this regard.
16. Severability
If any of the provisions of these T&Cs are or become unlawful, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to have been replaced by a valid provision that takes into account the economic purpose of the provision and the intention of the parties at the time of conclusion of the contract as far as possible. The same applies to any gaps in these T&Cs.
17. Applicable law and jurisdiction
These GTC, the contractual relationships based thereon and any disputes shall be governed exclusively by substantive Swiss law, to the exclusion of the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction is the registered office of Nippon Food GmbH.
