Terms & Conditions
General Terms and Conditions for Online Shop
(April 2024)
- Scope and contractual partners
1.1 The following general terms and conditions (hereinafter “Terms and Conditions”) apply to orders for goods from the product range of the Swiss Coffee Heroes online shop (www.swisscoffeeheroes.com) in the version valid at the time of the order.
1.2 The contractual partner of the customer is 47Coffee Sagl, Via Guidino 4, 6900 Lugano-Paradiso, Switzerland, Tel.: +41 78 228 5967, Email: www.swisscoffeeheroes.com (hereinafter “47Coffee”).
1.3 The General Terms and Conditions form an integral part of the contract concluded between 47Coffee and the customer. Provisions that deviate from the General Terms and Conditions only become legally binding if they are expressly accepted in writing by 47Coffee. Any conflicting conditions of the customer will not be recognized.
1.4 The range of goods in the Swiss Coffee Heroes online shop is aimed at people and companies who have their residence or registered office in Switzerland and who, if the customer decides to have the goods shipped (see section 3.2), have a delivery address in Switzerland. For clients based outside of Switzerland, separate terms and conditions may be agreed in writing between 47Coffee and the customer.
- Ordering process and conclusion of contract
2.1 The customer can select goods from the product range of the Swiss Coffee Heroes online shop and collect them in a so-called shopping cart by clicking on the “add to cart” button.
2.2 By clicking on the “Order & Pay” button, the customer makes a binding offer to purchase the goods in the shopping cart and has agreed to the validity of these General Terms and Conditions.
2.3 The order confirmation that is then automatically sent by email documents that the customer's order has been received by 47Coffee, but does not yet represent acceptance of the customer's offer.
2.4 A contract is only concluded via 47Coffee's declaration of acceptance, which is sent to the customer in an email (order confirmation), but at the latest when the ordered goods are dispatched, or the pickup notification is sent.
2.5 If the ordered goods are not available, 47Coffee reserves the right not to accept the customer's offer, so that no contract is concluded. The customer will be informed of this by email. In this case, any payments already made for the ordered goods will be refunded to the customer.
2.6 If only part of the ordered goods is available or if the ordered goods exceed normal household quantities, 47Coffee reserves the right to accept the customer's offer for only part of the goods, so that a contract is only concluded for this part. The customer will be informed of this by email. In this case, any payments already made for the other part of the goods will be refunded to the customer.
2.7 If it turns out after conclusion of the contract that the ordered goods cannot be delivered either in part or in whole due to force majeure or for reasons for which 47Coffee is not responsible, 47Coffee is entitled to withdraw from the contract in whole or in part. The customer will be informed of this by email. Any payments already made for the relevant goods will be refunded to the customer either in full (in the event of a complete withdrawal) or in relation to the goods that cannot be delivered (in the case of a partial withdrawal). The customer cannot assert any further claims.
- Deliveries
3.1 47Coffee is entitled to make partial deliveries. Subsequent deliveries will be made immediately after the goods arrive. If 47Coffee states shipping or collection times, these are non-binding guidelines. If a specified shipping or collection deadline is not met by 47Coffee, the customer is entitled to withdraw from the contract with regard to the goods that have not been dispatched or are not ready for collection after the expiry of a grace period of at least 14 days set by him in writing. In this case, any payments already made for the relevant goods will be refunded to the customer. The customer cannot assert any further claims.
3.2 If the customer decides to ship the goods, he will be notified by email when the goods have been handed over to the carrier for shipping. 47Coffee reserves the right to choose the carrier. Delivery only takes place within Switzerland. Any terms relating to shipping overseas will be agreed separately between 47Coffee and the customer. The risk of the item passes to the customer when the goods are handed over to the carrier. The customer is obliged to accept the shipment. If a shipment turns out to be undeliverable and the goods are returned to 47Coffee by the carrier, 47Coffee reserves the right to waive the subsequent fulfillment of the customer's obligations without setting a grace period with regard to the goods not accepted. 47Coffee is also entitled to demand compensation for non-fulfillment of the contract. The customer's voluntary right of return (see section 6) regarding the goods not accepted is excluded.
3.3 If the customer decides to collect the goods directly from 47Coffee, they will be notified by email when the order is ready for collection. The risk of the item is transferred to the customer upon notification of collection. To collect the goods, the customer must present the collection notification and a photo ID issued by an authority (identity card, driver's license, passport, etc.). The customer is obliged to accept the order within 14 days from receipt of the collection notification. If the customer does not collect the order within the fourteen-day period, 47Coffee reserves the right to cancel the order without setting a grace period for the uncollected goods and to waive the subsequent fulfillment of the customer's obligations. 47Coffee is also entitled to demand compensation for non-fulfillment of the contract. The customer's voluntary right of return (see section 6) regarding the goods that have not been collected is excluded.
- Price and Payment
4.1 All prices in the Swiss Coffee Heroes online shop are stated in Swiss francs (CHF) and include statutory VAT.
4.2 Shipping and any other additional costs (e.g. surcharges depending on the chosen payment method) are shown separately and charged to the customer additionally.
4.3 47Coffee reserves the right and the customer agrees that credit checks and address verifications can be carried out and obtained on the customer and that customer data can be passed on to third parties for this purpose. This is based on the information provided by the customer, and information from third parties is taken into account. The customer only has the payment options provided when completing the ordering process.
4.4 The agreed price, shipping and any other additional costs (see Section 4.2) are due for payment immediately. With the first delivery or unsuccessful delivery attempt of the goods (see Section 3.2), the first collection or upon expiry of the fourteen-day collection period (see Section 3.3), the customer is in default without a reminder. Expenses and expenses incurred by 47Coffee or third-party providers in connection with the collection of outstanding amounts, in particular reminder fees, interest on arrears and fees for handing over the claim to a collection agency, are borne by the customer. The amount of such fees depends on the separate contractual terms and conditions of the respective third-party provider whose services the customer uses. 47Coffee also reserves the right, after the expiry of a grace period of at least 10 days, to waive the subsequent fulfillment of the customer's obligations in whole or in part, to demand the return of any goods that have already been delivered in full or in part and to claim damages for non-fulfillment of the contract to demand.
- Retention of title
The goods remain the property of 47Coffee until all claims arising from or in connection with the purchase have been paid in full. The customer authorizes 47Coffee to make a corresponding entry in the retention of title register at the customer's expense.
- Voluntary right of return
6.1 47Coffee grants the customer a voluntary right of return within a period of 7 days from the first delivery or collection of goods and products with a value of up to CHF 150. Goods and products with a value above CHF 150 are typically preordered by 47Coffee from the manufacturer and paid upfront and are therefore not returnable on a voluntary basis. The right of return is conditional on the goods being undamaged, used, showing no signs of use and are returned complete (including all accessories and other packaging inserts) and within the above 7 day period. Expressly excluded from the voluntary right of return are cases of misuse at the sole discretion of 47Coffee. In the case of a majority of goods that were purchased together at a total price, the voluntary right of return only applies to the entirety of these goods.
6.2 To assert and process the right of return, the customer must proceed as follows:
In case of
- a) Goods whose original packaging has been opened, damaged or is no longer available, the customer must contact the customer services department of 47Coffee;
- b) for unopened goods with undamaged original packaging, the customer can, in addition to the option under lit. a), send the goods to the following address: Via Guidino 4, 6900 Lugano-Paradiso. In all cases, the return transport or return is carried out at the customer's expense and risk.
6.3 The customer must submit the original invoice. 47Coffee has the right to refund the price in the form of a credit note and reserves the right to waive reimbursement of any further additional costs (e.g. costs for original shipping, transport or assembly).
- Warranty and Liability
7.1 47Coffee provides the customer with a guarantee for defects that are due to a material or manufacturing defect for a warranty period of 2 years from the first delivery or collection of the goods. All information (product descriptions, images, dimensions, weights, technical specifications, accessory relationships and other information) in the Swiss Coffee Heroes online shop are subject to errors and do not represent a guarantee of such data or properties. The customer's obligation to check and give notice of complaints is based on legal regulation. The assignment of warranty claims is excluded.
7.2 The customer's warranty claim will be fulfilled at 47Coffee's discretion through subsequent improvement (repair), subsequent delivery of equivalent, defect-free replacement goods, reduction of the price (reduction) or reversal of the contract (cancellation). Improvements (repairs) are carried out by 47Coffee or by authorized workshops commissioned by 47Coffee. The customer is not entitled to commission third parties to carry out the repair. In such a case there is no entitlement to reimbursement of costs. The customer's warranty claim expires in the event of technical intervention and defects that are due to improper handling, excessive stress, improper use, external influences (moisture damage, contact with liquids, impacts, etc.) or non-observance of the manufacturer's operating or maintenance instructions.
7.3 If equivalent, defect-free replacement goods are subsequently delivered, the warranty period is again 2 years from notification to the customer that the replacement goods are ready for collection. In the case of subsequent improvements (repairs), a warranty period of 2 years applies from notification to the customer that the improved (repaired) goods are ready for collection, whereby in this case 47Coffee only provides a guarantee for repair work carried out and spare parts used. The customer's warranty claims regarding all goods during the warranty period of 2 years from the first delivery or collection of the goods (see Section 7.1) remain unaffected.
7.4 To assert and process the warranty claim, the customer must contact the customer service department of 47Coffee and present the original invoice within 5 days of discovering the defect. All transport, e.g. transport to 47Coffee or return transport to the customer, is carried out at the customer's expense and risk. Any service calls (home repairs) are at the customer’s expense. If a defect that needs to be remedied is not covered by the warranty and the customer could have recognized this, he will bear all costs incurred as a result of the inspection.
7.5 Regardless of the basis for liability, 47Coffee completely excludes its liability, regardless of the basis of liability, to the extent permitted by law.
- Data protection
8.1 47Coffee processes the customer's personal data in strict compliance with the applicable provisions of the Swiss Data Protection Act.
8.2 47Coffee collects, stores, uses and processes the customer's personal data only in accordance with the applicable Privacy Policy of 47Coffee.
- Other
9.1 If one or more provisions of these General Terms and Conditions are invalid, this will not affect the effectiveness of the remaining provisions.
9.2 Only substantive Swiss law applies. The application of the UN Convention on the International Sale of Goods (CISG) is excluded.
9.3 Except for disputes arising from consumer contracts, the exclusive place of jurisdiction for all lawsuits is the headquarters of 47Coffee. In the case of disputes arising from consumer contracts, the court at the place of residence or registered office of one of the parties is responsible for claims by the customer, and the court at the place of residence of the customer is responsible for claims by 47Coffee.