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General Terms and Conditions (GTCs)

Last updated: October 2022

Scope

The General Terms and Conditions (GTCs) govern all transactions (orders, offers, invoices, etc.) between Berner Mandelbärli AG and its customers. They are a mandatory part of every contract concluded between Berner Mandelbärli AG and its customers. On entering into a contract, the customer accepts the following conditions unchanged and in full.

Any changes to or deviations from these GTCs must be made in writing. Any general terms and conditions issued by the customer that conflict with or deviate from these GTCs shall not apply, even if there is no express objection to these GTCs.

Berner Mandelbärli AG reserves the right to make changes to its GTCs. The version of the GTCs in force at the time of ordering shall apply in each case, and no unilateral modifications may be made for this order.

Conclusion of a contract

Customers place their orders online, by email, in writing or by telephone. A contract is concluded when Berner Mandelbärli AG sends the customer an order confirmation by email.
In the case of online orders, the binding submission of the order constitutes an offer to conclude a purchase agreement once the customer has placed the products in their shopping cart and confirmed the selection by clicking on the "BUY" button.

The order is binding for the customer once submitted, and changes can no longer be made by the customer. By placing an order, the customer acknowledges these provisions and confirms that they are authorised to purchase.

Berner Mandelbärli AG reserves the right at all times not to execute orders containing texts and/or images with illegal content or of an offensive nature. The customer will be informed accordingly, and any payments already made will be refunded. Any further claims are excluded.

Price and payment terms

All prices published online are in Swiss francs (CHF), including VAT and excluding shipping costs. The prices shown are recommended prices in Swiss francs and are subject to change. Possible price changes resulting from changes to taxes, fees, inflation, charges or shipping costs remain reserved. Errors and omissions excepted. The prices contained in the order confirmation issued by Berner Mandelbärli AG shall apply.

Private customers can pay by credit or debit card, Postfinance Card and Debit Direct, as well as with Twint.
Discount codes cannot be combined with other vouchers and discounts.

Ordering on account is only possible for corporate customers within Switzerland. Berner Mandelbärli AG reserves the right to request payment in advance in the case of orders on account. The invoice shall be issued to the customer after delivery, and shall be due for payment within 30 days from the date of the invoice.
Collective or monthly invoices must be paid within 15 days from the date of the invoice. In the event of non-compliance with the payment deadline, the customer shall be in default without formal notice. A reminder fee will be charged, and a collection agency commissioned with the collection. Furthermore, Berner Mandelbärli AG reserves the right to withhold further deliveries to the customer and to charge interest on arrears in the amount of 5%.

Shipping, collection and delivery terms

All shipping and packaging costs for the ordered items shall be borne by the customer. The delivery, packaging and shipping costs are shown separately on the invoice according to the postal rate. Deliveries can only be made within Switzerland and the Principality of Lichtenstein. All estimated delivery times are indicative, and based on the information provided by the Post Office. If Berner Mandelbärli AG cannot meet a delivery date requested by the customer, the customer will be informed by Berner Mandelbärli AG via email or telephone.

The minimum order value is CHF 15.00 with a delivery time of three working days (excluding the day of the order, public holidays and weekends).

Longer parcel delivery times must generally be anticipated before public holidays (Easter, Christmas). The customer will be informed within a reasonable period of time if a product is not available.

The flat rate for postage and packaging is calculated according to the postal rate. We offer free shipping for orders of CHF 70.00 and upwards (excluding delivery costs).

Orders can be delivered to a specific store for collection, with the customer selecting the desired store location as the place of delivery.
The following options are available for collection:

Glatz in der Länggasse, Mittelstrasse 8, 3012 Bern
Glatz am Waisenhausplatz, Waisenhausplatz 21, 3011 Bern

Shelf life from date of production

Berner Mandelbärli original: 28 Tage
Berner Mandelbärli mini: 35 Tage
Mutz: 24 Tage
Mutz au Chocolat, Mandelsterne und-tannen: 35 Tage
Berner Mandelbärli 7 auf einen Streich: 35 Tage

Conditions for individual design

It is not allowed to include the following topics in your Mandelbärli products:

  • Political parties
  • Racism / sexism (discrimination on the basis of gender)
  • Current world events such as war
  • Illustrations and texts, which strongly influence the taste experience
  • Weapons / Violence

Complaints in the event of incomplete deliveries

The customer undertakes to check the goods for completeness upon delivery, and to report any missing items within 24 hours of receipt of the delivery. The customer shall not be entitled to claim any additional deliveries once this period has expired.
The return or exchange of products delivered to the customer complete and undamaged is excluded.

Disclaimer

Berner Mandelbärli AG shall not be held liable for undeliverability, delayed delivery of products by the Post Office, incorrect delivery addresses, incorrect information provided by the customer, absence of the recipient or events due to force majeure or beyond the control of Berner Mandelbärli AG. Furthermore, such events do not entitle customers to withdraw from the purchase contract or to claim damages.

Newsletter

You will only receive our newsletter if you have given your consent. Newsletter subscriptions can be terminated at any time – please refer to the newsletters for the corresponding instructions.

Online competitions

The details and conditions of entry of competitions organised by Berner Mandelbärli AG are published on the homepage of Berner Mandelbärli AG. The period for entry in a competition will be announced together with information about the competition concerned.

All persons residing in Switzerland are eligible to participate, excluding employees of Berner Mandelbärli AG. The winners will be notified in writing, and no correspondence will be entered into about the competition.

No cash alternatives will be paid, and all decisions are final. No product orders or purchases are required for entry into a prize draw.

Data protection

Your personal details will not be shared with third parties, and we will only use your information in connection with your order.

Registration data

The following data are required for the conclusion, execution or termination of a contract: Last name, billing and delivery address, email address, billing and payment data, etc. Berner Mandelbärli AG shall pass on details of the customer's delivery address to the logistics company assigned to process the purchase agreement.

Data may be collected for participation in online competitions. The period for which these data are retained depends on the purpose and is limited to what is necessary.

Identity, creditworthiness and transmission to credit agencies

If necessary, Berner Mandelbärli AG shall verify the identity of the customer by using information from service providers. Berner Mandelbärli AG shall also check the customer’s creditworthiness in the course of the order process.
The following types of data will be transmitted to cooperating credit agencies for this purpose: name and address. This authorisation is based on the aim of preventing payment defaults.
In the event of delayed payment, Berner Mandelbärli AG shall transmit the necessary data to a collection agency commissioned to assert the claim. Berner Mandelbärli AG also transmits information about delayed payments or bad debts to credit agencies with which it cooperates. The legitimate interest required in this context is based on the interest of Berner Mandelbärli AG and third parties in reducing contractual risks for future contracts.

Customer's rights

Customers have the following rights: Right of access to and right to rectification, erasure, restriction and data portability of personal data processed by Berner Mandelbärli AG. In addition, the customer has the right to complain to a supervisory authority.

Copyright

Unless otherwise indicated, the entire content of this homepage is protected by copyright. The content (text, images and graphics) of the website may not be distributed, published, modified, reused, sent or used for commercial purposes without written permission.

Applicable law and place of jurisdiction

All legal relationships are governed by Swiss law, and the exclusive place of jurisdiction for all disputes is Bern, Switzerland.

Berner Mandelbärli AG
Weyermannsstrasse 24
3008 Bern
Telefon 031 300 41 41
kontakt@mandelbaerli.ch
www.mandelbaerli.ch