General terms and conditions of business

1. SCOPE OF THE GENERAL TERMS AND CONDITIONS

The General Terms and Conditions (hereinafter referred to as "GTC") of Wagyubeef Mühlemann (hereinafter referred to as "Seller") apply to all contracts, the delivery or purchase of goods that a consumer or entrepreneur (hereinafter referred to as "Customer or Buyer") concludes with the Seller in the online shop or in the farm shop.
The seller provides all deliveries and services on the basis of the General Terms and Conditions in the version valid at the time of the order. These General Terms and Conditions are valid for an indefinite period unless they have been amended by the parties in a written agreement. In all other respects, the provisions of the Swiss Code of Obligations and other Swiss laws and regulations apply.

Should any provision of these Terms and Conditions be invalid, the legal validity of the remaining provisions shall remain unaffected. In place of the invalid provisions, a valid provision shall be deemed to have been agreed from the outset that is as close to the economic intent of the parties as possible. The same applies in the event of a gap.

2. OFFER, PRICES AND CONCLUSION OF CONTRACT

Price lists, brochures, publications of the seller and the presentation of the products on the website www.muehlemann-wagyubeef.ch are to be understood as a legally non-binding offer. The purchaser remains bound to the order for five days, unless expressly revoked beforehand. The contract is concluded when the order is placed or when the purchase is made directly from the farm. In cases of obvious spelling and calculation errors, the seller is entitled to withdraw from the contract. If a contract is concluded, the customer agrees to receive information about news, promotions, etc. at regular intervals.

The customer can purchase goods via the seller's online shop or directly from the farm. In the online shop, the customer submits a legally binding contract offer after selecting the goods, placing them in the virtual shopping cart, going through the electronic ordering process and clicking the button that completes the ordering process. The customer can also submit the offer to the seller by telephone, email or directly on site at the farm.

Unless otherwise stated in the seller's product description, the prices quoted are guide prices per kilogram, which include statutory VAT. The delivery and shipping costs are not included in the prices quoted and must be paid in full by the buyer. All prices are quoted in CHF. The payment options are communicated to the customer in the seller's online shop.

Order processing and contact are usually carried out via automated order processing and email. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3. SHIPPING CONDITIONS AND DATES

The goods are delivered to all postal addresses in Switzerland. For deliveries abroad, the seller will contact the customer to inform him of the delivery costs. Any additional taxes and customs duties are to be borne by the buyer. The customer is obliged to accept and pay for the goods. Delivery in Switzerland is usually made within a week. In the event of delivery bottlenecks, the customer will be informed and will then have the
Right to withdraw from the contract in writing within 10 days. The dates will be postponed appropriately if obstacles arise that are beyond the control of the seller (significant operational disruptions, etc.).

In case of other delays, the customer can:
1. waive delivery: The buyer must inform the seller of this immediately.
2. set the seller a reasonable deadline for subsequent performance: If the seller does not perform within this grace period, the customer may, provided he declares this immediately, waive the subsequent performance or withdraw from the contract.

The seller must inform the customer of any delays as soon as possible. The seller is entitled to make partial deliveries. The additional shipping costs incurred in the case of partial deliveries are borne by the seller.
If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance.

4. PERFORMANCE OF THE CONTRACT

The seller confirms to the customer that the order has been successfully processed. Depending on the customer's wishes, the goods will be handed over directly from
Farm or is delivered. Unless expressly agreed otherwise, the benefit and damage pass to the buyer upon delivery of the goods ex-farm or with the
The risk is transferred to the buyer upon delivery of the parcel at the post office.

5. RETURN POLICY AND WARRANTY

The prices are stated in the offer and are non-binding during the ordering process. Deliveries within Switzerland are made by
Invoice. Payment must be made within 10 days. If the goods are picked up, payment is made in cash. If payment terms are not met, the seller is entitled to
1. To make claims against the customer immediately
2. or to demand security for all outstanding claims
3. and/or to carry out outstanding deliveries only against advance payment.

If security or payments have not been made even after a reasonable grace period has expired, the seller may withdraw from the contract, even if the goods or part of them have already been delivered. If the customer does not meet the payment conditions, the seller is entitled to demand compensation.

In addition, late payment fees are due:

- for the 2nd reminder CHF 5.–
- for a 3rd reminder CHF 10.–

6. WARRANTY

If defects in delivered goods are proven by the customer, the seller will either remedy the defects within a reasonable time
or replacement delivery. If the seller fails to do so, the customer has the right to cancel the contract.
purchase or reduction of the purchase price.

The warranty does not cover defects and faults for which the seller is not responsible, force majeure, improper handling, interventions by the customer or third parties, excessive stress or extreme environmental influences. If the customer resells the products, he is responsible for compliance with domestic and foreign export regulations. If the customer modifies the products to be resold, he is liable to the seller, the buyer or third parties for any resulting damage.
liable. The provisions of the Product Liability Act remain reserved.

7. INFORMATION OBLIGATION

The parties shall inform each other in good time of any obstacles which may jeopardise the contractual fulfilment or lead to inappropriate
solutions.

8. RETURN

The delivered goods will generally not be taken back by the seller.

9. FINAL PROVISIONS

The place of jurisdiction is Thun. However, the seller may also appeal to the court at the customer's place of residence. Swiss law applies exclusively, even if orders are placed from abroad or deliveries are made abroad. The parties will endeavor to settle any disputes arising from the implementation of this contract amicably. When the customer orders goods, the general terms and conditions apply.