General Terms and Conditions - AGB

General Terms and Conditions of Crowd Container AG, Birmensdorferstrasse 80, 8003 Zurich, Switzerland
available at hello@crowdcontainer.ch
(hereinafter referred to as "we").

Preamble

We enable our customers to purchase uniquely good food directly from the producers by means of bulk orders. The binding order in advance creates security throughout the entire supply chain. In return, we guarantee maximum transparency - also in terms of prices.

1. general

These General Terms and Conditions (hereinafter "GTC") apply to the use of the Crowd Container AG marketplace (hereinafter "CC marketplace") and to all orders (online, fax, telephone, post) placed on it.
Users of the CC Marketplace are natural and legal persons who access the URL crowdcontainer.ch in an Internet browser (hereinafter "Users").
Customers of the CC Marketplace are natural and legal persons who order products (hereinafter referred to as "Customers").
If natural persons act as customers, they guarantee that they are over 18 years of age at the time of ordering and that they are resident and domiciled in Switzerland.

2. scope of application

We provide our deliveries and services in connection with the CC Marketplace exclusively on the basis of the following GTC. The version of the GTC valid at the time of the order is authoritative. We reserve the right to update these GTC if necessary. By using our websites, users give their consent to the current GTC.

3. offer, conclusion of contract and fulfillment of contract

The national provisions on the purchase contract and other relevant laws and regulations apply. In Switzerland, this is in particular the Swiss Code of Obligations (OR).
This applies in particular to the CC marketplace:
Our price lists, brochures and publications on the CC marketplace and in our electronic media are non-binding and subject to change.
The contract is concluded upon acceptance of the order.
We are entitled to withdraw from the contract in cases of obvious typing and invoicing errors.
Our order confirmation is decisive for the scope and execution of the order.
Unless otherwise expressly agreed or evident from the nature of the transaction, benefit and risk shall pass to the customer upon dispatch of the goods from our warehouse.
The goods remain our property until full payment has been made.

4. right of revocation / right of withdrawal / right of return

We collect our customers' orders and forward them to our partner producers after the expiry of a pre-defined period (hereinafter referred to as the "order period"). Customers have the right to cancel the order up to the end of the order period. In this case, we will refund the full purchase amount. It is no longer possible to cancel the order after the order deadline has expired.
A return of the goods after delivery is excluded.

5. prices

Prices on the CC Marketplace are quoted in Swiss francs (CHF). The prices include statutory value added tax.
In addition to the prices stated, shipping costs may apply depending on the delivery address, quantity of goods and item. The exact shipping costs are displayed to customers during the ordering process. There are no further costs for delivery.

6. terms of delivery

Delivery is only made to delivery addresses within Switzerland. The expected delivery time is displayed in the order process. If there is a delay in delivery, we will inform the affected customers as soon as possible. If possible, we will combine the order into one delivery. If the delivery of perishable goods is the subject of the delivery contract, the following applies: Customers shall ensure that perishable goods are accepted on the agreed delivery date by taking suitable precautions, for example by accepting the goods personally or by instructing a third party to accept them at the specified delivery address.

7. deposits and withdrawals and terms of payment

Payment is made by prepayment, credit or debit card or forwarding via an e-payment gateway to a payment provider.
Credit balances from the exercise of the right of withdrawal in accordance with section 4 of these GTC will be transferred to the customer as soon as we have the necessary account details. Offsetting against counterclaims that are not recognized or have not been legally established is excluded.
Unless otherwise stated, the purchase price is due at the end of the order period. If payment is not made within this period, we may withdraw from the contract. In the case of purchase on account, the General Terms and Conditions of CembraPay AG.

8. copyright

The copyright and all other rights to content, images, photos or other files on the website belong exclusively to Crowd Container AG or the specifically named rights holders. The written consent of the copyright holders must be obtained in advance for the reproduction of any elements.

9. special obligations of the users

The users undertake not to misuse our services, in particular:

• not to disseminate any illegal material or information (e.g. pornographic, racist, inciting or comparable content);
• not to introduce any data into the system that contains a computer virus or other harmful software and could damage our hardware and software;
• not to publish any data that is protected by copyright.

Users also undertake to indemnify us against any costs, claims, damages, losses or other claims that we may incur as a result of their registration or participation in our services.

Users are obliged to treat information about other users confidentially and only make it accessible to third parties with the express prior consent of the sender. This applies in particular to names, telephone and fax numbers, address data, e-mail addresses and URLs.

10. liability

All offers are subject to change and non-binding. We reserve the right to change, supplement or delete parts or the entire product range or parts or the entire service without prior notice or to discontinue publication temporarily or permanently.
Liability regarding the delivery of products from the CC marketplace:
We shall be liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. In the event of slight negligence, we shall be liable for breach of a material contractual obligation. Liability for slight negligence is limited to damages foreseeable at the time of conclusion of the contract, the occurrence of which must be regularly expected, with the exception of damages to life, body and health.
If the delivered goods are spoiled and therefore no longer suitable for consumption, we will endeavor to find a solution together with the producers and replace the goods if possible. However, customers have no right to withdraw from the contract.
Liability with regard to the crowdcontainer.ch website:
The content of the crowdcontainer.ch website has been compiled with the greatest possible care and to the best of our knowledge and belief. Nevertheless, we cannot guarantee that the pages and content provided are up-to-date, complete and correct. Any liability for economic, physical or immaterial damage resulting from the use of the CC marketplace is expressly excluded.
We are not liable for the unauthorized misuse of user data by third parties.
We are not liable for references and links to third-party websites that are outside our direct influence. Any responsibility for such websites is rejected. Users access and use such websites at their own risk. If we become aware of a link to a website with illegal content, we will remove the link in question as quickly as possible.

11. final provisions

Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions and the validity of the contract as a whole. The invalid provision shall be replaced by the parties with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any loopholes in the contract.
These GTC and all other agreements between the user and us shall be governed exclusively by Swiss law, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Zurich.
The parties shall endeavor to settle any disputes amicably.
In case of doubt, the German version of the GTC shall apply.

Zurich, February 19, 2024