General Terms and Conditions
As per July 2018
These general terms and conditions (GT&Cs) govern the relationship between Yi Xi and the customers of its online shop, and constitute a mandatory part of each and every sale conducted between Yi Xi and a customer. These GT&Cs apply to the order and supply of standard items and special confections originating from Yi Xi. Supplements to, assurances regarding or changes to these GT&Cs require the written form.
- Conclusion of contract
2.1 The customer’s order occurs online. The contract is deemed concluded when Yi Xi confirms the customer’s order by means of an e-mail following receipt of the order and related payment.
2.2 The customer’s order is binding. The customer may not amend an order once it has been submitted.
3.1 The prices set forth for the products on offer apply on the day the order is placed.
3.2 Prices stated are in Swiss francs (CHF).
3.3 Prices subject to change.
- Shipment & delivery time
4.1 Shipping costs relating to the good(s) ordered will be paid by the customer. The shipping costs consist of packaging and shipping charges.
4.2 Unless otherwise agreed, the order is to be physically picked up at the Rathaus Café.
4.3 Export-related customs duties, VAT, etc. must be settled by the recipient.
- Conditions of delivery
5.1 Yi Xi cannot be held liable for goods that cannot be delivered or that arrive late due the customer submitting an incorrect information needed for delivery.
5.2 Yi Xi shall not be held liable for delays in delivery that are no fault of its own, e.g. delays resulting from assigned third parties, force majeure, traffic congestion, adverse weather conditions, unexpected seizure by customs officials, etc. In cases of this kind, the client shall not be entitled to withdraw from the purchase agreement or to claim compensation for damages.
5.3 Products from Yi Xi are freshly produced just for our clients. Therefore, it can happen that products are not available. In this case Yi Xi will contact the customer within an adequate period of time and has the right to offer alternative products to its clients.
5.4 In periods of high temperatures, Yi Xi can add cooling elements for shipment. Moreover, Max Chocolate reserves the right to deny delivery. In case of a denial, Yi Xi will contact the customer within an adequate period of time.
- Products containing alcohol
It is against the law in Switzerland and Europe to supply products containing alcohol (wine, eau-de-vie, champagne, etc.) to persons under the age of 18. When placing an order online with Yi Xi, the customer is asked to acknowledge this rule and confirm that he or she is entitled to conclude the purchase.
- Terms of payment
7.1 Orders conducted via the online shop must be settled at the time of the order using a payment card (Visa or MasterCard) through Paypal.
7.2 The set-off of counterclaims by the customer is excluded.
- Delivery check / complaints
8.1 The recipient undertakes to immediately check the goods for completeness and condition on receipt. Any complaints regarding quality and completeness must be conveyed to Yi Xi (firstname.lastname@example.org) without delay – at the latest within 48 hours of receipt – or the delivery will be deemed accepted.
8.2 Yi Xi cannot be held liable for damage in transit or resulting from improper storage of the goods following receipt by the customer or persons acting on his/her behalf.
- Returns/ exchanges
9.1 There can be no return or exchange of products delivered to the customer in an undamaged and complete state.
9.2 Handmade chocolate is a short-life food product. Therefore, the customer disclaims his right of return.
9.3 After an unsuccessful delivery attempt by delivery services, food law prohibits products that are returned to Yi Xi from being delivered to the customer again. In such a case, the customer must place a new order which is charged at full price.
- Data protection
10.1 Data necessary for the processing of business transactions will be stored and, as far as required for the processing of orders, relayed to the contracted shipping company. Stored data will not be relayed to any other company. Yi Xi reserves the right to use the data internally for customer support purposes.
10.2The current Data Protection Notice is available at www.yixi.ch.
10.3 Yi Xi may conduct order-related and other correspondence electronically. The customer is expressly advised of the security risks beyond the control of Yi Xi connected with data transfer by e-mail, including the transfer of viruses, damage to and/or loss of data, and unauthorised third-party access. By placing an order and providing an e-mail address, the customer authorises Yi Xi to send documents and other data electronically and also via unencrypted e-mails.
- Applicable law and place of jurisdiction
The contracts shall be governed exclusively by Swiss law, to the exclusion of the Vienna Convention (CISG). The exclusive place of jurisdiction, subject to legal remedy, shall be Zurich, Switzerland.