Terms of service

General Terms and Conditions (GTC) Five Good Goods

1 scope

The general terms and conditions (hereinafter referred to as "GTC") apply to all legal transactions made via the online shops www.five-good-goods.myshopify.com (and the alternative domain www.fivegoodgoods.org) can be completed (hereinafter referred to as "online shop"). The online shop is operated by Johannes Küng (hereinafter "owner").

Five Good Goods reserves the right to change these terms and conditions at any time. The version of these terms and conditions applicable at the time of the order is decisive, which cannot be unilaterally changed for this order. Conditions of the customer that conflict with or deviate from these GTC are not recognized.

Deliveries are made exclusively to addresses in Switzerland and Lichtenstein. Orders from outside Switzerland will be rejected.

The offer is valid as long as the product can be found in the online shop via the search engine and / or while stocks last.

Orders in non-household quantities can be rejected without justification.

2 information

2.1 Product and price

Images of products in advertising, brochures, online shops etc. are used for illustration and are non-binding.

All prices are in Swiss Francs, including applicable VAT. Relevant are the prices as they are shown in the online shop at the time of the order.

2.2 Delivery fee

The amount of the delivery fee depends on the type of delivery, the order value minus any vouchers / discounts and the order frequency. Depending on the range and type of delivery, a minimum order value may apply. When purchasing products with different shipping methods at the same time, several delivery charges may apply. The shopping baskets with different shipping methods are shown separately during the ordering process.

2.3 Availability and delivery time

Five Good Goods attaches great importance to providing up-to-date and precise information about availability and delivery times in the online shop. In particular due to production or delivery bottlenecks, there may be delays both with Five Good Goods itself and with producers. All information on availability and delivery times are therefore without guarantee and can change at any time.

3 Conclusion of contract

The products and prices in the online shop count as an offer. However, this offer is always subject to the condition of the contract, that it is impossible to deliver or the price is incorrect.

The purchase contract for products or services from Five Good Goods with Five Good Goods comes into effect as soon as customers place their orders in the online shop, in one of the branches, by telephone or e-mail (hereinafter referred to as "purchase contract").

The arrival of an online order is notified to the customer by means of an automatically generated order confirmation from Five Good Goods to the email address specified by them. The receipt of the automatically generated order confirmation does not contain any promise that the product can actually be delivered. It only shows the customer that the order placed has arrived at the online shop and that the contract with Five Good Goods has come into being on the condition that it can be delivered and that the price is correct.

4 delivery date

With the order confirmation, the customer is informed of a provisional delivery date or contact is made with the customer and an individual delivery date is agreed.

If Five Good Goods is in default of delivery, the customer (except for special orders) has the right from the 30th calendar day since the originally announced delivery date to withdraw from the contract. In this case, Five Good Goods will reimburse customers for prepaid amounts. There are no further claims against Five Good Goods.

5 Delivery / branch collection

For products and services from Five Good Goods, customers have all delivery and collection options available, which are noted in the online shop under "Delivery and Collection".

The customer's delivery address must be easily accessible in Switzerland or Liechtenstein and by truck. If this is not the case, the customer bears the possible additional costs.

If the customer does not accept the ordered products on the agreed or indicated delivery date, Five Good Goods can cancel (cancel) the contract and invoice the customer for the delivery costs incurred and any losses in value.

If the customer does not pick up the products ordered in a branch (branch collection) within 14 calendar days of being ready to pick up in the branch, Five Good Goods can terminate the contract (cancel).

6 Obligation to check

The customer must immediately check delivered or picked up products for correctness, completeness and delivery damage.

In the case of freight forwarding deliveries, any delivery damage must be noted on the delivery note.

Delivery damage, incorrect and incomplete deliveries must be reported to Five Good Goods within 5 calendar days from the time of collection or delivery. This is done via e-mail contact address, which can be found clearly on the website (or in these terms and conditions under "Customer service and complaints").

7 Warranty

Five Good Goods guarantees the quality and durability of the products under the following conditions:

Uncooled food must be stored dry and cool.
Chilled food must be unpacked immediately upon receipt and at max. Store at 2-5 ° Celsius.

Provided that the customer proves compliance with these storage conditions, Five Good Goods assumes the guarantee that the ordered products are free from defects until the expiry date, but not more than 2 years after delivery. For products without an expiry date, the statutory regulation of 2 years from delivery applies.

Five Good Goods can provide the guarantee either by partial or full replacement with an equivalent product, credit up to a maximum of the sales price at the time of the order, or a reduction.

A general right of return of defect-free and correctly delivered products does not exist. The warranty is explicitly excluded for products whose intrinsic quality (e.g. taste quality) does not meet the requirements of the customer, fresh products, fruits and vegetables that have been spoiled by the customer due to improper handling or interruption of the cold chain, as well as products ordered by mistake.

Defects must be objected to immediately upon receipt of the goods. Otherwise, the goods are considered to be perfectly accepted by the customer. Concealed defects must be reported to us immediately after they are discovered. The complaint is made via the email address listed in “Customer service and complaints”.

8 Customer service and complaints

We are happy to provide information and personal support with questions, problems or complaints regarding the services of Five Good Goods.

Five Good Goods

c / o Johannes Küng

Urdorferstrasse 32

8953 Dietikon

home@fivegoodgoods.org

0797153567

9 Liability and disclaimer

Liability is based on the applicable legal provisions. However, Five Good Goods is in no way liable for (i) slight negligence, (ii) indirect and indirect damage and consequential damage and lost profit, (iii) unrealized savings, (iv) damage from delayed delivery, and (v) any actions and omissions by the Auxiliaries of Five Good Goods, be it contractual or non-contractual.

For the rest, Five Good Goods refuse liability in the following cases:

improper, illegal or illegal storage, adjustment or use of the products;
Force majeure, in particular damage caused by natural elements, moisture, falls and impact, etc., which are not the responsibility of Five Good Goods, and official orders.

10 payment

10.1 Payment options

Five Good Goods asserts all payment claims for products and services that are purchased through the online shops of Five Good Goods directly from customers. Customers are obliged to make all payments exclusively to Five Good Goods.

Payments can be made in Swiss Francs.

For Five Good Goods products, cash payment is only possible in the event of a branch pickup.

Customers can use the payment options offered as payment methods in the online shop under "Payment options".

The current payment fees, which may be charged by Five Good Goods, can be seen under "Payment options" and are shown in detail in the ordering process.

When paying by credit card or other instant payment methods, the debit is made when ordering.

In the case of purchase on account which is subject to charges, the customer is obliged to settle the invoice amount within 30 calendar days after receipt of the delivery without any (cash discount) deduction. In the case of a partial return of the delivered products, the invoice amount can be reduced accordingly.

Delivery notes and invoices are sent electronically whenever possible.

10.2 Delay in payment

If customers fail to meet all or part of their payment obligations, all outstanding amounts owed by customers to Five Good Goods under any title are due immediately. Five Good Goods can immediately demand this and discontinue further deliveries of products to customers.

Five Good Goods charges CHF 5.– for the second reminder and CHF 20.– for the third reminder. In the event of unsuccessful reminders, the invoice amounts can be assigned to a company commissioned with the collection. In this case, an effective annual interest rate of up to 15% on the invoice amount owed can be charged from the due date. The company commissioned with the collection will claim the outstanding amounts in its own name and on its own account and may charge additional processing fees.

10.3 Retention of title

Ordered products remain the property of Five Good Goods until full payment to Five Good Goods. Five Good Goods is entitled to make a corresponding entry in the retention of title register. Pledging, transfer by way of security, processing or remodeling without the express consent of Five Good Goods is not permitted prior to the transfer of ownership.

11 Change of order or cancellation

Orders oblige customers to purchase products and services. Subsequent changes or cancellations of orders from customers can be accepted by Five Good Goods at their own discretion and invoice a turnover compensation of 20% of the canceled order value, but at least CHF 60, and any loss in value of the canceled products since they were ordered.

If an (partial) delivery impossibility (dissolving condition) occurs after an order or the conclusion of a contract in accordance with Section 3, the customer will be informed immediately by email. If the client has already paid, this amount will be refunded. If no payment has been made, the customer is released from the obligation to pay. Further claims due to delayed delivery or delivery failure are excluded.

12 Return of defect-free goods

13 Further provisions

13.1 Right of use

All product descriptions, pictures, photos, texts are the sole right of use of Five Good Goods.

13.2 Data protection

The data protection declaration applies to the processing of personal data by Five Good Goods.

13.3 Partial Invalidity

Should individual provisions of these general terms and conditions be invalid or ineffective, this has no influence on the effectiveness of the remaining provisions and these general terms and conditions.

13.4 Place of jurisdiction and applicable law

All legal relationships between Five Good Goods and customers are subject to substantive Swiss law. The Vienna Sales Law is not applicable.

The following exclusive places of jurisdiction apply:

For all claims from sales contracts in which Five Good Goods is a contracting party: Dietikon ZH.

For complaints by consumers, their place of residence or Zurich is the place of jurisdiction. In all other cases, Dietikon ZH is the exclusive place of jurisdiction.

April 2020