Terms of services

General Terms and Conditions Biocow GmbH

Version August 2020

Scope of application
These General Terms and Conditions (hereinafter referred to as GTC's) shall apply to all orders placed and contracts concluded (hereinafter referred to as „Orders“) via the online shop of Biocow GmbH (hereinafter referred to as "Biocow"). Biocow reserves the right to amend the GTC. The version of the GTC valid at the time of the order shall apply.

General information
By placing an order, the customer agrees to these General Terms and Conditions (GTC).  If, in individual cases, payment and shipping conditions in the web shop differ from the conditions regulated in these GTC, the conditions stated in the web shop shall take precedence over these GTC. The presentation of the products in Biocow's online shop does not yet represent a legally binding offer for the conclusion of a sales contract, but rather serves the Customer to provide a binding offer. The German language version of these GTC takes precedence over the other language versions.

Offer
The offer is aimed at Swiss residents. Deliveries are only made to addresses in Switzerland. The offer is valid as long as it is visible in the online shop and/or stocks last. Price and assortment changes are possible at any time. The images shown in advertising, brochures, in the online shop etc. as well as all information about the products are for illustration purposes only and are not binding. The specific information on the product packaging is decisive.

Customer Account
It is possible to set up a customer account when purchasing. The customer account must be activated and a new and confidential password must be created immediately. Biocow reserves the right to review at any time the information related with the Customer Account or to introduce new procedures to improve security.

Price
Prices are quoted in Swiss francs, including value added tax (VAT), if applicable. The price in the online shop at the time of the order is decisive. Ordered fee-based additional services such as delivery, etc. are listed separately in the shopping basket and on the invoice.

Order
The presentation of the products in the online shop is not a legally binding request, but a non-binding online catalogue or a non-binding request to the customers to order the product in the online shop. Biocow reserves the right to limit the delivery quantities for certain products and not to execute the delivery. An order is deemed to be an offer to Biocow to conclude a contract. After transmission of the reservation/booking, the Customer will automatically receive a confirmation of receipt, which documents that the order has been received by Biocow. Reservations / bookings received can be cancelled until the sale / reservation / booking of 100% of the animal is complete. Cancellations can only be made by e-mail. If additional items have to be added to an existing order / reservation / booking, a new order / reservation / booking must be made. Delivery times will be communicated 3 days before delivery. From this point on it takes at least four weeks before the delivery can be made. Biocow is free to refuse orders in whole or in part without stating reasons. In this case the Customer will be informed and any payments already made will be refunded. Any further claims are excluded, in particular no forwarding of products that are not available. Temporarily unavailable products cannot be reserved.

Conclusion of contract
A contract is concluded upon payment to Biocow. As soon as the payment has been made successfully, the customer will receive an order confirmation by e-mail. 

Delivery
Delivery area: The customer's delivery address must be in Switzerland.

Delivery times
General: The available delivery time ranges are communicated by BioCow to the customer 3 days before the delivery. It is not possible to specify an exact delivery time within the delivery time span. Deviations in time as well as the blocking of a certain delivery date are possible, especially on peak days with exceptionally high delivery volumes, whereby any claims for damages as well as further claims of the customer are excluded. No deliveries are made on Sundays and official national or cantonal holidays. If the Customer is not on site at the time of delivery and has not given any specific delivery instructions, the delivery will be deposited at the door of the flat or at the reception or at the entrance door of the Company. The Customer is responsible for the products delivered, even if they have not been received directly by him/her. For the delivery of frozen products, the presence of the customer is recommended. Any liability for damages incurred by the customer as a result of loss, theft, misuse, etc. in connection with the collection process or the collection ticket is expressly excluded. The customer bears sole responsibility for late collection of orders and any rights for defects are excluded.

Delivery charges
The delivery costs depend on the value of the ordered products (minimum order value excl. delivery costs, deposits and credit notes). The delivery costs communicated in the online shop apply. The delivery costs are listed as an additional item in the shopping cart and on the invoice.

Compliance with the cold chain
Biocow undertakes to maintain the cold chain until the order is delivered to the delivery address. From the moment of delivery or collection, the responsibility for maintaining the cold chain is fully transferred to the customer.

Warranty
Biocow guarantees the quality and durability of its products under the following conditions: Chilled food must be unpacked immediately upon receipt and stored at a maximum of 2-5° Celsius. Frozen products must be handled properly and stored at an uninterrupted temperature of at least -18° Celsius. If the customer can prove that these storage conditions have been observed, Biocow guarantees that the ordered products are free of defects until the expiry date. Biocow may choose to honour the warranty by partial or full replacement with a product of equal value, credit up to a maximum of the sales price at the time of order, or a price reduction. A general right of return of faultless and correctly delivered products does not exist. The warranty is explicitly excluded for products whose intrinsic quality (e.g. taste quality) does not meet the customer's requirements, fresh products that are spoiled due to improper handling or interruption of the cold chain by the customer, and products ordered by mistake.

Notification of defects
If products are delivered with obvious damage to the packaging or contents, the customer must immediately complain about this, without prejudice to his rights regarding defects, document the defects photographically and refuse acceptance. All transport damage must also be reported immediately to Biocow. Furthermore, it is the responsibility of the Customer to check the ordered products immediately upon receipt and to store them correctly (especially refrigerated or deep-frozen). For any defects or deviations from the order, Biocow's Customer Service must be notified on the day of delivery either by telephone or by e-mail. Thereafter, only hidden defects can be claimed, which must be reported to the Customer Service immediately after discovery. The amount paid by the Customer for the defective goods will be credited to the Customer's account. Biocow reserves the right to demand proof of the defect.

Intellectual property rights
Information, brand names and all other Biocow content may not be copied, modified, redistributed or otherwise disclosed without Biocow's prior written consent.  All intellectual property rights are the sole property of Biocow. 

Payment
Only payments by credit card are accepted. 

Applicable law and place of jurisdiction
Only substantive Swiss law is applicable, to the exclusion of conflict-of-law provisions and the Vienna Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the competent court at the registered office of Biocow.

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