Terms of Use
Terms of Use
The author assumes no liability whatsoever for the correctness, accuracy, timeliness, reliability, or completeness of the information. Claims for damages, whether material or non-material, arising from the use or non-use of the information provided or from the use of incorrect or incomplete information are generally excluded. The author expressly reserves the right to modify, supplement, or delete parts of the pages or the entire website/content without prior notice, or to suspend publication temporarily or permanently.
Liability for Links
References and links to third-party websites are outside our area of responsibility. Access to and use of such websites is at the user’s own risk.
Copyrights
Copyrights and all other rights to content, images, photos, or other files on the website belong exclusively to Italian Coffee AG or the named rights holders. The written consent of the rights holders must be obtained in advance for the reproduction of any elements.
Data Protection
Pursuant to Article 13 of the Swiss Federal Constitution and the federal data protection regulations (Data Protection Act, DSG), every person has the right to protection of their privacy and protection against the misuse of their personal data. We comply with these provisions. Personal data is treated as strictly confidential and is neither sold nor disclosed to third parties. In close cooperation with our hosting partners, we strive to protect our databases as effectively as possible against unauthorized access, loss, misuse, or alteration. When you access our websites, the following data is stored in log files: IP address, date, time, browser request, and general information transmitted about the operating system or browser. This usage data forms the basis for statistical, anonymous analyses, enabling us to identify trends that we can use to improve our offerings accordingly.
GENERAL PROVISIONS
Unless otherwise agreed in writing, the following General Terms and Conditions apply to all business transactions. By placing an order, the customer agrees to these General Terms and Conditions.
Orders and Offers
By placing an order, the buyer enters into a binding agreement with Italian Coffee AG. Orders may be placed verbally or in writing. Italian Coffee AG is not bound by the order until it has confirmed in writing that the order will be fulfilled. The buyer is responsible for the accuracy of the order and for ensuring that Italian Coffee AG receives all information regarding the ordered goods within seven days of receiving the order. The buyer may cancel the contract only as long as Italian Coffee AG or its suppliers have not yet undertaken any production activities related to the ordered goods; Italian Coffee AG shall be held harmless for all resulting damages or costs.
If the goods are manufactured or otherwise processed by Italian Coffee AG and the buyer has provided specifications for this, Italian Coffee AG shall be held harmless for all resulting damages or costs.
If the goods are manufactured or otherwise processed by Italian Coffee AG, Italian Coffee AG shall be held harmless for all damages or costs arising therefrom.
If the goods are manufactured or otherwise processed by Italian Coffee AG and the buyer has provided a specification for this purpose, the buyer shall indemnify Italian Coffee AG against any loss, damage, claim, costs, or other expenses if the contractual manufacture, processing of the goods based on the buyer’s specifications is found to constitute, or has been found to constitute, an infringement of a third party’s patent, copyright, trademark, or other intellectual property right. Notwithstanding the foregoing, Italian Coffee AG reserves the right to modify descriptions of our goods with respect to the buyer’s specifications, provided that legal requirements are taken into account and provided that such modification does not result in any deterioration of the order in terms of quality and usability.
The offers made by Italian Coffee AG are subject to change and non-binding; they become binding only upon written confirmation in accordance with the aforementioned provisions of these General Terms and Conditions.
Italian Coffee AG is entitled to modify and improve the goods without having to inform the buyer in advance, provided that the modification or improvement does not significantly impair or degrade either the form or the function of the goods.
Prices
The prices listed in the online store include sales tax; shipping and handling costs are shown separately. Prices are subject to change and may be adjusted at any time. The prices valid on the day the order is placed will be charged.
Disposal and Recycling Costs
The disposal of the goods is not included in the price. No disposal fee is charged at the time of purchase; this fee becomes due in the event of disposal by Italian Coffee AG and will be billed to the buyer based on the current disposal price list, in addition to processing fees.
Delivery Time
Italian Coffee AG strives to meet the specified delivery times but cannot accept any liability. Cases of force majeure are beyond the control of Italian Coffee AG and entitle the company to extend agreed-upon delivery deadlines. Delivery periods are automatically extended by the duration of the delay. Cases of force majeure include, in particular but not exclusively, operational shutdowns or failures for which we are not at fault, strikes, or official orders. In the event of a delay, the buyer is obligated to grant a reasonable grace period. Claims for damages arising from delayed delivery are excluded.
Shipping and Installation
Italian Coffee AG ships from its warehouse at the buyer’s expense to the specified address or to the valley station. Unloading points are defined as ground-level locations, such as goods receiving areas, loading ramps, warehouses, or workshops. Transportation and installation within the building are at the buyer’s expense. For special transports, the buyer must provide labor, elevators, or crane equipment at their own expense. The installation site must be properly prepared. If goods need to be relocated, the additional costs shall be borne by the buyer. Partial deliveries are permitted. Changes made after the order is received will be billed to the buyer as additional charges.
The goods are shipped at the recipient’s risk. In the case of delivery by truck, any damage incurred during transport must be reported to the driver immediately upon arrival of the goods. The damage must be noted twice on the delivery slip. The LSVA is borne by the buyer. In the case of rail or postal shipments, the recipient agrees to obtain an inventory from the carrier regarding any potential damage in transit. Shipments to private individuals are generally made cash on delivery.
In the event of a delay in acceptance by the buyer, Italian Coffee AG is entitled to store the goods at the buyer’s risk and expense.
If installation and commissioning cannot be completed in a single step for reasons beyond Italian Coffee AG’s control, the additional costs shall be borne by the buyer.
Payment Terms
The following payment methods are available in our store: MasterCard, Visa, PayPal, Apple Pay, Google Pay, PostFinance, Post Card, Sofort Überweisung, Twint
Bank Transfer
After placing your order, you will receive an invoice via email. The invoice amount shown is due and payable immediately. The order will not be processed until the full invoice amount has been received.
Cash on Delivery
If you select cash on delivery as your payment method, an additional 50.00 CHF will be charged for shipping via our shipping provider.
PayPal
You pay the invoice amount via the online payment service PayPal. You must be registered with PayPal or register first, authenticate yourself using your login credentials, and confirm the payment instruction to us. You will receive further instructions during the ordering process.
Payments must be made in Swiss francs (CHF). The date on which Italian Coffee AG has access to the funds is considered the date of receipt. The buyer waives the right to offset any claims against Italian Coffee AG against the purchase price.
Default
If the buyer misses a payment deadline, they will be in default without prior notice, and Italian Coffee AG is entitled to charge them additional default interest of at least 6% of the amount owed. Italian Coffee AG reserves the right to rescind the contract in the event of the buyer’s default.
Retention of Title
All purchased items remain the property of Italian Coffee AG until full payment has been made; Italian Coffee AG reserves the right to register the retention of title.
Warranty and Disclaimer of Liability
Italian Coffee AG’s statutory warranty obligation for defects is hereby excluded. In its place, the buyer is entitled to free repair if he notifies Italian Coffee AG of the defect within the agreed warranty period. The warranty period begins on the date of delivery. In the event of a recognized defect, Italian Coffee AG reserves the right to remedy the defect by repair or to provide a replacement upon return of the goods; the buyer retains the right to assert further claims against Italian Coffee AG if the repair is unsuccessful even on the second attempt. Italian Coffee AG reserves the right to replace parts of the purchased item instead of repairing them. Replaced parts become the property of Italian Coffee AG. The warranty for Italian Coffee AG’s goods does not cover product defects resulting from faulty installation or use, misuse, negligence, or other causes attributable to the buyer or third parties. Furthermore, no warranty is provided for malfunctions or damage to our goods, in particular—but not exclusively—for the following reasons:
Inappropriate or improper use or negligent handling of the goods by the buyer and/or third parties.
Incorrect assembly or commissioning of the goods by the buyer and/or third parties.
Deviation from agreed-upon or standard operating conditions, or failure by the buyer to follow the instructions set forth in these Terms and Conditions.
Failure by the buyer and/or third parties to comply with the operating instructions or prescribed operating data, or failure to perform the maintenance specified in the operating instructions.
Natural wear and tear is not considered a defect. (Example: calcification)
The warranty period is not affected by repairs but continues uninterrupted. For newly installed parts, the remaining warranty period of the replaced parts applies. The buyer has no claim to compensation for any direct or indirect damage caused by a defect in the purchased item (e.g., lost profits, damage to the goods, loss of production, etc.).
The buyer is obligated to inspect the goods immediately upon receipt for completeness, correctness, and freedom from defects, and to submit any notices of defects in writing to Italian Coffee AG within 2 days of receipt; otherwise, the corresponding warranty rights shall expire.
This disclaimer of liability applies to both contractual and, to the extent permitted by law, non-contractual claims.
Governing Law
Swiss law applies.
Place of Jurisdiction
The place of jurisdiction is the Zurich Commercial Court
