Please note: Only the German original of these General Terms and Conditions of Bienenprodukte Meier is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these General Terms and Conditions, you automatically accept the German original.
1) Application of the conditions
Bienenprodukte Meier carries out the order according to the general terms and conditions valid at the time of the order. The general terms and conditions are available on the homepage under the link "General terms and conditions". When ordering the goods or services, these conditions are considered accepted. General purchasing conditions of the buyer are hereby contradicted. In case of doubt, the terms and conditions published on the homepage at the time of the order apply.
2) Offer, order and conclusion of contract
The offer is aimed at customers residing in Switzerland or Liechtenstein. Deliveries are therefore only made to addresses in Switzerland or Liechtenstein. The offers of Bienenprodukte Meier in price lists and advertisements are subject to change and non-binding.
An order counts as an offer to Bienenprodukte Meier to conclude a contract. The contract comes into being when we accept the contract offer submitted by your order through our order confirmation. This order confirmation contains the essential content of your order. However, the contract will only come into effect upon receipt of the goods if you have given no or no correct email address in the context of your order, to which we could have sent the order confirmation. If a buyer exceeds his credit limit with an order, we are released from our delivery obligation.
The protection of minors demands that fermented alcoholic beverages are only delivered to people over 16 years old and that alcoholic beverages based on distilled alcohol are only delivered to people over 18 years old. Therefore, the date of birth is a necessary information when opening an account. As a result, when ordering alcoholic beverages, the name of the customer address must match the name of the delivery address.
The prices stated in our order confirmation are decisive. These are fixed for goods in stock at the time of the order. Unless otherwise agreed, the prices are plus transport costs, including VAT. The current prices are published in the online shop, subject to price changes and errors.
4) Delivery and service time
Dates and delivery times are non-binding, unless otherwise expressly agreed in writing.
5) Delay in acceptance
If the buyer refuses to accept the delivery items after a grace period has expired or declares that he does not want to accept the goods, Bienenprodukte Meier can refuse to fulfill the contract and demand compensation for non-performance. Bienenprodukte Meier is entitled to claim either a flat rate of 25% of the agreed purchase price or the replacement of the damage caused by the buyer.
Upon delivery, the accessibility for the goods must be guaranteed by the customer. Visible quantity differences must be reported in writing immediately upon receipt of the goods, hidden quantity differences within 4 days of receipt of the Meier bee products. Complaints regarding damage, delay, loss or poor packaging must be reported immediately after receipt of the goods.
7) Transfer of risk
The risk passes to the buyer as soon as the shipment has been handed over to the person carrying out the transport. If the shipment is delayed or impossible through no fault of our own, the risk is transferred to the buyer when the readiness for shipment is reported.
8) Retention of title
The delivered goods remain the property of Bienenprodukte Meier until full payment has been made.
9) Warranty conditions
We always endeavor to deliver only flawless goods. Please check your delivery immediately for integrity and correctness. For deliveries that have been damaged during transport, as well as incorrect deliveries of products, we ask you to notify us immediately by E-Mail
. Please attach some photos of the defective delivery to your E-Mail
. If there is no complaint within 4 days after receipt of the order, we assume that the delivery was flawless and gave no reason for complaint. If the purchased item is defective, the seller can initially offer the customer a replacement delivery or rework. If replacement delivery or rectification is not possible, the customer can withdraw from the contract.
Bienenprodukte Meier guarantees that the ordered products are free from defects until the expiry date, but not more than 2 years after delivery. Hidden defects must be objected to in writing immediately after they are discovered. However, this warranty does not apply to defects caused by improper usage, storage and handling of the products on the part of the customer.
Bienenprodukte Meier guarantees the quality of the beverages and food if they are stored in a dry and cool place and this can be proven by the customers. The product will be brought by the customer immediately after the discovery of the defects to Bienenprodukte Meier or - after consultation and according to the instructions of Bienenprodukte Meier - sent to Bienenprodukte Meier. Bottles with alcoholic beverages must be filled at least 2/3. In addition, the problem must be understood through Bienenprodukte Meier.
10) Exchange and return
An exchange or return of ordered products is not possible. Exceptions are to be agreed in writing with Bienenprodukte Meier. Returns not agreed with us without a replacement delivery will be charged with a contribution to costs of at least 10% of the value of the goods.
11) Terms of payment
Contract and invoice currency is CHF. As a new customer of Bienenprodukte Meier, you can pay in advance (CHF), via PayPal or with your credit card. As an existing customer, you can also pay by invoice (CHF). This requires at least one booked payment via advance payment. We grant a credit period of 14 days from the invoice date for invoices. Payment must be made within this period. Payment is only deemed to have been made when we can dispose of the amount. The purchase price is due upon delivery of the goods without any discount.
If the buyer is in default, we charge 20.- dunning fees for an invoice amount up to CHF 400.-. For invoice amounts over 400.- we charge 5% interest from the time of the delay. For the duration of the delay, Bienenprodukte Meier is entitled to withdraw from the contract at any time, to reclaim the delivered goods and to claim damages if the contract lapses.
All claims are due immediately if the customer is in default of payment, culpably fails to meet other essential obligations arising from the contract or if we become aware of circumstances that are likely to reduce the customer's creditworthiness, in particular discontinuation of payment, pending settlement or bankruptcy proceedings. In these cases, we are entitled to withhold outstanding deliveries or to execute them only against advance payment or security.
12) Limitation of liability
Claims for damages arising from the impossibility of performance, from breach of contract, from fault at the conclusion of the contract and from unlawful acts are excluded both against us and against our vicarious agents, unless there is willful or grossly negligent action. No liability is accepted for consequential damage resulting from the use of the products.
13) Data protection
14) 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.
15) Applicable law and place of jurisdiction
The provisions of Swiss law apply, even if ordered from abroad or delivered abroad (Liechtenstein). The place of jurisdiction for all claims in connection with your order is Othmarsingen AG. We are also entitled to sue at your general place of jurisdiction.
Version: January 2020