Terms & Conditions
1. SCOPE OF APPLICATION
1.1 Our range of goods in the online shop is aimed exclusively at consumers with their usual place of residence and a delivery address in Switzerland (hereinafter referred to as "customers").
1.2 The operator of the online shop at www.pilatuskebabpizza.ch (hereinafter "Online Shop") and your contractual partner is:
Pilatus Take-Away GmbH
1.3 These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between you as a customer and us as the operator of the online shop www.pilatuskebabpizza.ch (hereinafter "Seller" or "Pilatus Take-Away GmbH"). As part of the ordering process, you acknowledge the GTC in the version valid at the time of placing the order.
2. CONCLUSION OF CONTRACT
2.1 The offer to conclude a purchase contract is made by the customer by clicking on the "Buy with obligation to pay" button after completing the order page. The customer remains bound to the order until the selected date. The contract is bindingly concluded if we accept the order within this period in accordance with section 2.3.
2.2 After sending the order, the customer will receive an automated e-mail with which we confirm receipt of the order (order confirmation). The order confirmation merely serves to inform the customer that we have received the order.
2.3 A contract is only validly concluded when we declare acceptance of the contract. We declare acceptance of the contract by issuing an invoice to the customer, confirming the order (order confirmation) or, at the latest, by delivering the goods.
2.4 The contract shall only be concluded for those items which are expressly listed in our invoice or the order confirmation. This also conclusively determines the scope of performance.
2.5 The contract shall be concluded in German. The data stored with us serve as proof of the conclusion of the contract and the transaction.
2.6 The customer has the option of printing out the order and the data entered (order confirmation e-mail). Furthermore, it is possible to open a customer account. In the customer account, the order data can be viewed after entering the personal access data. Pilatus Take-Away GmbH reserves the right to block customer accounts at its own discretion, without giving reasons.
3.1 All prices are net in Swiss francs (CHF), including VAT.
The prices, conditions and details stated on the Website are subject to change without notice, the effective date being the date of the order.
3.2 Price differences of products and services offered online at reduced or discounted prices compared to reduced and/or discounted products and services in the stationary shop are possible. There is no entitlement to a subsequent price adjustment or credit.
3.3 There are also local, regional and national promotions, discounts and price reductions on products and services in the stationary shop that cannot be offered identically online. There is no entitlement to a subsequent price adjustment or credit.
4. PAYMENT & RETENTION OF TITLE
4.1 Payment of the purchase price shall be made by "payment on delivery" where provided for and available on the Website.
4.2 Orders are payable immediately, subject to the following provisions.
4.3 The version of the GTC current at the time of purchase shall apply.
4.4 You as the customer shall only be entitled to rights of set-off or retention insofar as the claim has been legally established or is undisputed. This shall not affect your counter rights in the event of defects in the delivery.
4.5 We shall retain title to the delivered goods in any case until the respective invoice amount of a delivery has been paid in full (final and unconditional crediting of the total purchase price). The Seller is entitled to make a corresponding entry in the retention of title register.
4.6 Please note that our webshop is primarily geared to the needs of our private customers. For this reason, it is not possible for us to subsequently issue invoices, receipts or VAT statements for your online order.
5. DELIVERY & TRANSFER OF RISK
5.1 The Seller limits deliveries to the territory of Switzerland. Delivery will be made directly to the delivery address and contact person provided by the Buyer.
5.2 Delivery will only be made during the Seller's current opening hours.
5.3 No delivery costs will be charged for orders that reach or exceed the currently valid minimum order value.
The minimum order value is as follows:
6010 Kriens CHF 25.00
6012 Obernau CHF 30.-
6003 Lucerne CHF 45.-
6004 Lucerne CHF 50.-
6006 Lucerne CHF 60.-
6005 Lucerne CHF 45.-
6048 Horw CHF 45.-
6014 Littau CHF 55.-
6015 Reusbühl CHF 55.-
6032 Emmen CHF 60.-
6020 Emmenbrücke CHF 60.-
6030 Ebikon CHF 60.-
6102 Malters CHF 60.-
5.4 The delivery times stated in the order are approximate and do not entitle the customer to refuse acceptance.
5.5 Delivery will be made by our supplier. In the event of force majeure, such as strikes and other industrial action, riots, war, natural disasters, as well as suspension of delivery by the manufacturer or sub-supplier, there shall be no delay in delivery. The seller is not liable for delays in delivery caused by third parties.
5.6 If not all ordered goods are in stock, we are entitled to make partial deliveries. Should it become apparent after the conclusion of the contract that goods cannot be delivered, either in part or in total, for reasons for which the seller is not responsible, the customer shall be entitled to withdraw from the contract.
5.7 Our performance shall be deemed to have been fulfilled upon handover to the customer.
6. OBLIGATION TO EXAMINE AND GIVE NOTICE OF DEFECTS, LIABILITY FOR DEFECTS
6.1 You are obliged to inspect the delivered products as soon as this is feasible in the ordinary course of business and to notify our supplier immediately of any defects detected. If you fail to do so, the goods shall be deemed to have been approved. 6.2 The defective goods shall be deemed to have been accepted.
6.2 The defective product shall be handed over to the supplier and the price stated on the website shall be "paid out in cash" or replaced by "delivery of a defect-free item" (replacement delivery).
6.3 If the supplementary performance fails, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right of the customer to a reduction is excluded. This exclusion of liability also extends to all claims competing with the warranty rights, be it those arising from contract (Art. 97 ff. CO), tort (Art. 41 ff. CO), avoidance of the contract due to error (Art. 23 ff. CO.) etc.
7.1 All cases of breach of contract and their legal consequences as well as all claims of the customer, irrespective of the legal basis on which they are made, are exhaustively regulated in these GTC. Other claims of the buyer - irrespective of the legal ground - are excluded to the extent permitted by law. The seller, his auxiliary persons and any vicarious agents shall not be liable for any damage that has not occurred to the goods themselves, in particular not for consequential damages, loss of profit or other financial losses of the buyer.
8. DATA PROTECTION
8.1 The collection and processing of the customer's personal data by the seller is explained in the data protection declaration.
This forms an integral part of these General Terms and Conditions. Click here to go directly to the data protection declaration.
8.2 The customer hereby consents to the storage of the personal data entered by him in the context of the use of the website. This also applies to the storage of IP addresses, which are transmitted each time the website is used. The customer also consents to the use of personal data for the personalisation of advertisements and product offers placed on the website. Personal data will not be passed on to the advertisers.
8.3 The Customer further agrees that the Seller may use personal data of the Customers for direct marketing purposes. This includes contacting customers by e-mail and by post.
8.4 By accepting the GTCs, the customer confirms the accuracy of the information provided and authorises Pilatus Take-Away GmbH & its partner companies to obtain all the information necessary for checking the order from public offices, credit agencies and the Central Office for Credit Information (ZEK). Existing customers are also checked at the above-mentioned offices at regular intervals.
9. SEVERABILITY CLAUSE & RESERVATION OF RIGHT OF AMENDMENT
9.1 Should individual provisions of these GTC be ineffective or incomplete or should fulfilment become impossible, this shall not affect the effectiveness of the remaining provisions. The contracting parties undertake to replace the invalid provision by a permissible valid provision which, in terms of its content, comes as close as possible to the original intention and the economic purpose pursued thereby.
9.2 All amendments or additions to these GTC require a form which allows proof by text, such as fax and e-mail. This also applies to an amendment of the written form requirement. As soon as the customer makes use of the seller's services after the amendment, he implicitly agrees to the new GTC.
9.3 Any other contractual terms and conditions of the customer, namely also those which the customer declares to be applicable together with the acceptance of the contract, shall not become part of the contract. They shall only be valid if and to the extent that they have been expressly accepted by the Seller in writing.
10. APPLICABLE LAW / PLACE OF JURISDICTION
Swiss law shall apply exclusively, to the exclusion of the conflict-of-law rules of the Vienna Sales Convention. The place of jurisdiction shall be the ordinary courts at the registered office of the seller.
Kriens, 18 January 2021