Last updated: September 2023
1. Scope and contracting parties
1.2 Contract terms and conditions to the contrary, in particular those which the customer de-clares to be applicable together with the order, are only valid if and insofar as they have been expressly accepted by the Seller in written form. Written form also includes forms that allow for proof through text (especially email).
1.3 The Seller reserves the right to amend these GTC at any time. The version of these GTC available on the website at the time the order is placed is authoritative.
2. Conclusion of contract
2.1 The information provided on the detailed product pages in the Online Shop is considered an offer to conclude a purchase contract. Despite the greatest possible care, errors cannot be completely excluded and the Seller cannot guarantee that all information in offers is correct and up to date. Offers are therefore always subject to the condition that the Seller actually has the products in stock and that the offer does not contain any erroneous information.
2.2 The purchase contract between the Seller and the customer is concluded when the cus-tomer has entered all the data required for the performance of the contract and clicked the ‘Order now’ or ‘Order for a charge’ button (hereinafter referred to as the ‘Order’). Sending a binding Order is deemed acceptance of the offer to conclude the purchase contract for the products listed on the order page, under the terms and according to the data indicated therein. However, the purchase contract is subject to the condition subsequent that the Seller has the products in stock at the time the delivery is being prepared and does not discover any errone-ous information on which the accepted offer was based.
2.3 Until the order button has been clicked, the customer can select products without obliga-tion and place them in the shopping basket. Before placing the Order, the customer can change the order data continuously using the customary keyboard and mouse functions. In addition, all inputs before the binding submission of the Order are displayed again on the order overview page.
2.4 After submitting an Order, the customer receives an automatic order confirmation by email, which again shows what the customer has ordered. This automatic message does not consti-tute confirmation that the ordered products can actually be delivered, but merely documents that the Seller has received the Order and thus the purchase contract has been concluded un-der the aforementioned conditions and in accordance with these GTC.
2.5 If ordered products are unavailable or the offer was based on an error, the Seller shall in-form the customer as soon as possible and may offer alternative products. If the customer re-jects these products, the Seller shall refund payments already made in the appropriate amount.
3. Exclusion of the right of return and incorrect deliveries
3.1 The Seller does not grant a right of return on drinks or other foods. Only defective products are taken back under the conditions of the warranty (see Section 7 below).
3.2 If products other than those ordered are delivered in error, the customer must notify the Seller without delay and the parties shall agree on the consequences of the incorrect delivery.
4. Prices and payment terms
4.1 The prices quoted by the Seller include statutory VAT and other price components. Ship-ping costs in the amount of CHF 9 are shown separately.
4.2 The Seller reserves the right to change prices at any time. Subject to errors, the prices shown to the customer when the product is placed in the shopping basket are definitive.
4.3 The customer has several payment options available, which are indicated in the Seller’s Online Shop. For every Order, the Seller reserves the right not to offer certain payment meth-ods and to refer to other payment methods. Any costs of a money transaction arising from the customer’s relationship with a payment service provider are borne by the customer. The Seller does not charge any payment fees.
4.4 If the Purchase on account payment option is chosen, the payment is processed by POW-ERPAY/MF Group and, in addition to the GTC of the Seller, the GTC of POWERPAY/MF Group apply, available at: https://terms.mfgroup.ch/agbfiles/Powerpay_Checkout_de.pdf. The claim is assigned to POWERPAY/MF Group for this purpose. Payments with discharging effect can on-ly be made in favour of POWERPAY/MF Group. In the event of delay, reminder and collection fees of up to CHF 50 may be incurred in accordance with the POWERPAY/MF Group GTC.
4.5 A set-off with counterclaims of the customer that are not recognised or legally established is excluded.
4.6 The redemption of vouchers is governed primarily by the conditions specified when the voucher was issued. Gift vouchers are not divisible and can only be redeemed for the full amount. Gift vouchers cannot be redeemed for cash. In case of loss or theft, gift vouchers cannot be replaced.
5. Terms of delivery and dispatch
5.1 The Seller shall send the ordered products to the delivery address specified by the cus-tomer within the period of time indicated in the Online Shop or, if no such period is indicated, within two to six working days (excluding Saturdays). The Seller shall make every effort to comply with the communicated delivery deadlines. However, it cannot be guaranteed in every case that these deadlines will be met and liability for damages caused by delays is excluded.
5.2 Deliveries are generally handled by DHL or another transport service provider. By properly handing over the products to the transport service provider and initiating the delivery, the Sell-er’s main obligation is fulfilled and the risk of accidental loss or deterioration of the products sold passes to the buyer.
5.3 If it is not possible to deliver the goods even after a repeated delivery attempt, the Seller may withdraw from the purchase contract and charge or invoice the customer for the costs of the failed delivery.
6. Retention of title
Products ordered remain the property of the Seller until full payment has been made. The Sell-er is entitled to make a corresponding entry in the retention of title register before or after the products are handed over. Prior to full payment, no pledging, transfer by way of security, pro-cessing or modification is permitted without the Seller’s express written consent.
7.1 The customer is obliged to inspect the products delivered for completeness and integrity and to notify the Seller of discernible defects without delay. The notification, including a de-tailed description and pictures of the defect, should be sent by email to [insert email address]. In the absence of timely notification, the products are deemed to have been approved. Approv-al shall in any case be deemed to have been granted unless the customer lodges a notice of defect within 10 days of delivery. The Seller must be notified of defects that were not detecta-ble upon proper inspection in accordance with the preceding paragraph immediately upon de-tection; otherwise, the products ordered shall be deemed to have been approved with regard to these defects as well.
7.2 The product deemed by the customer to contain a defect must be returned with a copy of the invoice to the Seller’s address (see Section 1 above). The transport costs incurred are borne by the customer, but shall be reimbursed to the customer in the event of a defect.
7.3 If defective goods are properly returned, the Seller shall send the customer a replacement item, if available, after checking the products. If no replacement item is available, the custom-er shall be reimbursed the total price paid (excluding shipping costs) as well as the costs of return by means of a credit. Refunds are always issued to the means of payment used for the purchase.
The Seller’s contractual and non-contractual liability for slight negligence in connection with the operation of the websites, the Online Shop and the offering and delivery of the products is ex-cluded. Liability for auxiliaries and substitutes is completely excluded. The exclusion or waiver also applies in particular to damages resulting from the non-performance or delayed fulfilment of the obligation to deliver, as well as to indirect or collateral damages and consequential dam-ages as well as loss of profit. This does not affect the validity of any mandatory provisions of the applicable law to the contrary.
9. Data protection
10. Applicable law and place of jurisdiction
10.1 All legal relations between the parties in connection with the Online Shop are governed by Swiss substantive law to the exclusion of the conflict-of-law provisions and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG).
10.2 For all disputes in connection with the contracts between the Seller and customers, the ordinary courts at the Seller’s place of business are solely competent.
10.3 This does not affect mandatory regulations and jurisdictions.
11. Final provision
Should provisions of these GTC be or become legally invalid in whole or in part, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by valid provisions that preserve as far as possible the economic purpose of the invalid provisions.
1. Scope and lawful use
2. Liability for content and links
Rivella AG operates the websites and selects the content with the greatest possible care. Nevertheless, errors cannot be fully excluded and Rivella AG cannot guarantee that all content is safe, correct, lawful and up to date. Furthermore, content of third parties and links to third-party websites are outside of Rivella AG’s area of responsibility. Users therefore access and use the websites at their own risk and Rivella AG disclaims any liability for damages in con-nection with the use of the websites and also excludes liability for its assistants and substi-tutes.
3. Copyright and intellectual property rights
Users of Rivella AG websites acknowledge that the websites as a whole and their components are protected by copyright and other intellectual property rights and that these rights belong to Rivella AG and/or its licensors. Any use of the protected elements, particularly duplication thereof, is permitted only with the express written consent of the right holders.