General Terms and Conditions of Business

of the company

gebana AG, Ausstellungsstrasse 21, 8005 Zurich, Switzerland
Contact telephone number: +41 (0)43 366 65 00 or email info@gebana.com
Managing Director: Christophe Schmidt

(hereinafter referred to as "we").

Please note that this text is an automated translation of the original German version. In case of doubt, the original version of the gebana AG General Terms and Conditions shall prevail. 

These general terms and conditions (hereinafter referred to as "GTC") apply to all purchases made online, by fax, telephone, or post, as well as in the retail premises of gebana AG (hereinafter referred to as the "gebana Shop") at Ausstellungsstrasse 21, 8005 Zurich, within Switzerland, the Principality of Liechtenstein, and the European Union (hereinafter referred to as the "EU").

Users of the gebana shop and the place of business are natural persons and organisations who order or purchase products (hereinafter "customers").

Customers must confirm that they are over 18 years of age or are legal entities in order to conclude a purchasing contract on the gebana website.

 

1. Scope of application

The following GTC apply to all the goods and services we deliver in the gebana shop and at the place of business. The version of the GTC valid at the time of the order shall govern the transaction. We reserve the right to update these GTC if necessary. By using our websites or making purchases at the place of business, users agree to the current GTC. Use is considered to have occurred when gebana.com is accessed on an internet browser.

2. Offers, conclusion of contract and contract performance

The national provisions on the purchasing contract and other relevant laws and regulations apply. In Switzerland, this refers the Swiss Code of Obligations (OR).
Specifically:

In the gebana Shop

Our price lists, brochures and publications on the gebana shop and in our electronic media are non-binding and subject to change.

The contract is concluded upon acceptance of the order. Details of the order conditions including various discounts, special shipping conditions and the detailed cancellation policy can be found on our website https://www.gebana.com.

Should obvious spelling and invoicing errors occur, we reserve the right to withdraw from the contract.

The scope and execution of the order are determined by our confirmation. Unless otherwise expressly agreed or evident from the nature of the transaction, benefit and risk shall pass to the customer once the goods have been dispatched from our warehouse. The goods remain our property until full payment has been made.

We shall invoice any deliveries, products or services requested by our customers that are not included in our offer.

 

3. Right of return / right of withdrawal

Customers have the right to return the goods within 14 days of delivery. The right of return is exercised by returning the goods; no justification is required.

Once the goods have been received, we will refund the customer the purchase price including delivery costs within 14 days of receipt of the cancellation notice. Refunds are made by crediting the customer's account using the payment method originally selected. The customer shall bear the return shipping costs.

We reserve the right to deduct an amount from the purchase price to be refunded or to invoice for any damage, excessive wear and tear or goods already consumed. No deduction shall be made if the loss in value or consumption of the goods results from the handling of the goods as required in order to establish their nature, condition and functionality.

For the version of the cancellation policy required by law in the EU, please see Cancellation Policy at https://www.gebana.com/eu-en/Legal-notice/Right-of-Withdrawal

 

4. Prices

Prices are quoted in Swiss francs (CHF) in the gebana shop Switzerland and in euros (EUR) in the gebana shop EU. Prices include statutory sales tax.

In addition to the prices quoted, shipping costs may apply depending on the delivery address, quantity of goods and the item(s). The exact shipping costs are displayed to the customer during the ordering process. There are no additional costs for the delivery.

A price list for a limited selection of products is available for resellers and can be requested from us.

 

5. Terms of delivery

Goods are only shipped to addresses within Switzerland, the Principality of Liechtenstein and member countries of the EU. 

The standard delivery time is 2-6 working days, unless otherwise indicated in the quote. If the maximum delivery time of 10 working days is exceeded, the customer has the right to withdraw from the contract.

If any of the products ordered are not in stock, we have the right to make partial deliveries. The customer shall not incur any additional costs due to partial deliveries. Any deadlines shall only commence upon receipt of the last partial delivery.

If the delivery contract governs the delivery of perishable goods, the following shall apply: The customer shall ensure the acceptance of perishable goods on the agreed delivery date by taking the appropriate precautions, such as accepting the goods in person or instructing another person to accept them at the specified delivery address.

If the goods cannot be delivered due to the fault of the customer despite three delivery attempts, we are entitled to withdraw from the contract. Any payments made will be refunded.

 

6. Incoming and outgoing payments and payment terms

Payment is made by invoice, credit or debit card or transfer through an online payment gateway to a payment provider. We reserve the right to refuse payment by invoice in specific cases or for new customers.

Credit balances from prepayments or returns will be transferred to users once we have received the required account details. Credit balances from previous business transactions shall be deducted directly from the invoice. The customer shall have no right to set off any counterclaims against amounts due unless such counterclaims have been expressly acknowledged or established by a binding court decision.

For open account transactions, the purchase price is due within 30 days of delivery of the goods unless otherwise stated. If payment is not made within this period, the customer shall be in default.

Outstanding amounts that remain unpaid after our final reminder will be referred to an external collection agency for recovery.

 

7. Copyright

All content, including text, images, photos and other files on this website, is the exclusive property of gebana AG or the respective rights holders. No part of this content may be reproduced without the prior written permission of the copyright holders.

 

8. Special obligations of the users

The user shall not misuse our services. Specifically, the user shall refrain from:

• Disseminating unlawful material or information (e.g. pornographic, racist, incendiary or similar content).
• Introducing any files into the system that contain a computer virus or other malicious software and could damage our hardware and software.
• Publishing any data that is protected by copyright, unless the user has the rights to their use.

Furthermore, the user agrees to indemnify us from and against any and all costs, claims, damages, losses or other expenses arising out of the user's access to or use of our services.

The user agrees to keep information about other users confidential and not disclose it to third parties without the express prior consent of the information provider. This applies in particular to names, telephone and fax numbers, address information, email addresses and URLs.

 

9. Liability

All quotes are subject to change and non-binding. We reserve the right to change, supplement or delete the range of products or services, parts thereof or in their entirety, without prior notice, or to cease publication temporarily or permanently.

 

Liability regarding the delivery of products from the gebana shop and purchases in the place of business:

We accept unlimited liability for intentional misconduct, gross negligence, and in accordance with the provisions of the Product Liability Act. In cases of slight negligence, our liability shall be limited to breaches of material contractual obligations. Except in cases of injury to life, body or health, liability for slight negligence is limited to damages that were foreseeable and typical at the time of contract conclusion.

If a product is damaged or spoilt, we will take it back within 14 days and send a replacement at our expense. If this is not possible, the customer has the right to cancel the purchase or reduce the purchase price.

If the customer resells the products, he shall be solely responsible for ensuring compliance with all applicable domestic and international regulations governing the trade of food products, as well as any other relevant laws, such as export regulations. The provisions of the Product Liability Act remain in force.

We are not liable for the unauthorised misuse of user data by third parties.
We are not liable for references and links to third-party websites that are beyond our direct influence. We shall not be held responsible for such websites. The access and use of such websites is undertaken at the user's own risk. If we become aware of a link to a website containing illegal content, we shall remove the link as soon as possible.

 

10. Final provisions

If any provision of these GTC is found to be invalid or unenforceable, in whole or in part, the validity of the remaining provisions and the contract otherwise shall not be affected. The parties agree to replace the invalid provision with a valid provision that most closely approximates the original intent and economic purpose of the invalid provision. The same shall apply to any omissions in the agreement.

These GTC, as well as all other agreements between the user and us, are governed exclusively by Swiss law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Zurich.

If the national law at the user's place of residence does not allow the application of Swiss law, the law of the user's place of residence shall apply. In such cases, the place of jurisdiction will be the user's place of residence.

The parties shall make every effort to resolve any disputes amicably.

In the event of any discrepancy, the German version of the GTC shall prevail.

Zurich, 18 December 2024