In the following the current Distribution General Terms and Conditions of the Monrosa AG are situated. They form an integral part of the agreement reached between it and the Partner. Beschle Chocolatier is a registered trademark of Monrosa AG.
The parties agree as set out below:
Contracting parties
The contracting parties are the buyer (hereinafter the Partner) and Monrosa AG with registered address in Basel, Switzerland. The latter is represented by its chief executive, Mr. Dominic Beschle, Auf dem Wolf 31, CH-4052 Basel, Tel: +41 (0)61 261 00 22.
Dispatch of goods
An agreement governing the ordering of goods comes into effect upon placement of any order by the Partner at Monrosa AG. Shipment of the ordered goods depends on the time of receipt of the order, on the desired destination of the shipment and the choice of dispatch method. No guarantees can be given on any delivery-dates.
Dispatch costs
Dispatch costs depend on the dispatch method chosen by the customer. Monrosa offers the goods EXW. Any delivery method chosen by the customer will be added to the EXW costs. The customer is free to choose his own forwarder.
If Monrosa fullfills the order transport, insurance etc. and any taxes have to be paid by the Partner. The risk of accidental loss or destruction always goes to the Partner as soon as the ordered products are ready for transport ex work Monrosa AG.
Monrosa AG’s right to offer substitutes
The Partner is aware that Monrosa AG only supplies top quality products. As a result the product range may need to be changed to reflect seasonal supply shortages or may not always be fully available. In this case, Monrosa AG reserves the right to substitute the goods ordered by other products from its range of the same type and quality unless agreed differently in written form.
Warranty
Customers must check goods within 24hrs. after delivery. Complaints concerning the delivery of non-conforming goods must be made in written form immediately after delivery. Complaints must be sent with details of the defects to customerservice@beschlechocolatier.com. If non-conforming goods have been delivered, Monrosa AG is entitled to fulfil the agreement either by eliminating the defects or by making another delivery of goods conforming to the agreement until the Partner is in receipt of goods conforming to specification. The Partner concerned waives the right to withhold payment until a satisfactory solution to the problem.
Liability disclaimer
Monrosa AG will employ its best endeavours to provide a satisfactory solution for customers making justifiable complaints. Nonetheless, Monrosa AG accepts no liability whatsoever for any direct or indirect losses incurred as a result of the delivery of ordered goods. In particular, no liability is accepted in respect of the following cases, which are by way of example only and are not exhaustive:
Injury to health and consequential losses of whatsoever nature resulting from the consumption of goods whether they conform to the agreement or not such as, for example, allergic or other physical reactions of whatsoever nature, weight gains etc;
Losses and consequential losses resulting from the delivery of goods not conforming to the agreement caused by delivery delays themselves caused by unforeseeable events such as natural catastrophes, wars, strikes, export/import bans, embargos, delays at the customs, accidents to the postal, courier or transport service engaged for the delivery etc;
Losses and consequential losses as a result of the delayed delivery or delivery otherwise of goods that are not contractually conforming;
Losses and consequential losses occurring as a result of the customer storing the ordered goods improperly; Losses or consequential losses as a result of the delayed delivery or delivery otherwise of goods that are not contractually conforming occurring because of errors in the delivery address or because the customer was absent at the time of delivery or refused to accept delivery.
Monrosa AG also provides no warranty whatsoever concerning the accuracy or completeness of its homepage and catalogues meaning that it accepts no liability whatsoever for direct or indirect losses arising through incompleteness or inaccuracy of information shown on Monrosa AG’s homepage concerning the products that it sells.
Monrosa AG will not take any responsibility for deliveries made by Courier Services (Eg. DHL, FedEx, TNT,...) or picked up goods with a non confirming forwarder due the lack of cooled logistics environment of these partners.
Prices and costs
If there is no other agreement between the parties the prices quoted by Monrosa AG are in Swiss Francs (CHF) and value added tax only for orders within Switzerland and EXW. They conform to the Monrosa pricelist. The pricelist is valid for one season: 1st January to June and 2nd season July to December one year. It may be adapted to exceptional events like the increase of cacao prices etc.
Insurance and Customs
Insurance costs and customs dues are charged pro rata and at the current rates, and are billed to the Partner. Monrosa AG is entitled to change the prices quoted per year to reflect current conditions, such as the seasonal availability of raw materials etc. For this reason, Monrosa expressly reserves the right to make such price changes if necessary.
Payment
If not stated differently payment terms are always pre payment.
As soon as the payment is transferred to the account the production is triggered.
Deliveries and services are always to be paid in advance if not stated otherwise in written form.
Data protection
All the customer’s details, such as name, delivery address, financial data etc. are used exclusively for the purpose of handling the order. They are not disclosed to third parties.
Customer service
Contact details for Monrosa AG customer services are as follows:
E-mail: customerservice@beschlechocolatier.com
Tel: +41 (0)61 261 00 22
Fax: +41 (0)61 261 18 22
Applicable law and place of jurisdiction
A contract agreed between the Partner and Monrosa AG is subject solely to the provisions of the Swiss Code of Obligations. This applies also to Partners domiciled outside Switzerland. The sole and exclusive court of jurisdiction for all disputes arising from this is at Basel, Switzerland.
Beschle Chocolatier
c/o Monrosa AG
Auf dem Wolf 31
4052, Basel Switzerland
Chief Executive: Dominic Beschle
Tel: +41(0)61 261 00 22 Fax: +41(0)61 261 18 22
customerservice@beschlechocolatier.com
http://www.beschlechocolatier.com