General Terms and Conditions Original Fish AG

Version 1st of November 2023

1. Scope of application

These General Terms and Conditions (hereinafter referred to as “GTC”) of Original Fish AG (hereinafter referred to as “Seller”) govern the relationship between the party (hereinafter referred to as “Customer”) who orders products or goods via the Seller’s digital platforms and the Seller who operates these digital platforms. The version of the GTCs valid at the time of the order shall apply to the specific case.

2. Ordering process and conclusion of contract

  1. The products and prices that the seller has made available for its digital goods are deemed to be offers (hereinafter referred to as “offers”). These offers are valid until cancelled, unless otherwise agreed in writing. In the event of obvious typing or calculation errors or impossibility of delivery, the seller is entitled to withdraw from the contract.
  2. The contract between the seller and the customer is concluded when the customer places an order via the seller’s digital platforms. The customer can access an online order form on the seller’s digital platforms. After selecting the desired items and placing them in a digital shopping basket, the customer selects a payment method and completes the order process by clicking the “Complete order” button. If the seller agrees, the customer can also place the order via other methods such as e-mail, telephone, post or digital text messages.
  3. In the case of an online order, the customer receives an automatic order confirmation to the e-mail address provided by him. The automatic order confirmation does not guarantee the delivery of the products, but only serves to inform the customer that the order has been received by the seller. The confirmation of receipt of the order confirms the conclusion of a contract, which is subject to availability and correct pricing.
  4. Order processing and communication with the customer is generally carried out by e-mail and automatic order processing. It is the customer’s responsibility to provide a correct e-mail address for order processing to ensure that he can receive the e-mails sent by the seller. If the customer uses spam filters, he must ensure that the e-mails sent by the seller or by third parties involved in order processing can be delivered unhindered.
  5. By concluding the contract, the customer consents to receiving advertising messages, such as digital advertising on websites and mobile applications from the seller or third parties, e-mails with general or advertising content (newsletters) and physical mail with information about new products, promotions or similar or other offers from the seller. The customer can unsubscribe from advertising messages at any time.

3. Order conditions

  1. The essential conditions in the specific case, such as shipping costs, prices, VAT, payment methods, delivery date and delivery and billing address, etc. (hereinafter referred to as “order conditions”) are presented to the customer by the seller in relation to the order process on the digital platform and the order confirmation by e-mail.
  2. Unless otherwise stated in the order conditions and offers, the prices quoted include all taxes (including VAT), shipping and delivery costs and other fees and expenses. Any additional costs (e.g., shipping and delivery costs) are shown separately in the order conditions. All prices are quoted in Swiss francs and must be paid in this currency.
  3. For many fresh products, such as fresh fish, a weight range or approximate weight is specified, whereby the price is based on the specified weight unit, which means that the final price varies due to manual portioning. The prices for these products are therefore given as a guide and are labelled accordingly in the order conditions. Before dispatch, the products are weighed accurately and invoiced accordingly.
  4. The prices of the fish are calculated on the basis of their total weight. At the customer’s request, the seller will expertly process the fish (e.g., gutted, prepared for cooking, etc.). For this reason, the weight on delivery of the product may differ from the basis of the price calculation, and the images of the products in the seller’s advertising, in brochures, on digital platforms, etc. are for illustrative purposes only and are not to be understood as binding representations.
  5. The seller reserves the right to adjust the prices of the products offered at any time. The prices valid at the time of the respective order are decisive for the conclusion of the contract.

4. Payment

  1. You can see the prices in the offer, but these are not binding during the order process. During the online ordering process, customers can choose from the available payment methods. If you are located in Switzerland, you can pay for your delivery by credit card, TWINT or, by arrangement, by invoice. However, please make sure that you pay within 30 days. 
  2. If you decide to pay by credit card, the card will only be charged when the ordered goods are dispatched. At this point, the card will be debited with the actual amount of the purchase. However, when the order is placed, only an amount is reserved on the credit card account that can be up to 15% higher than the actual order value. This difference results from the price estimated in the offer and the price actually charged (see section 3.c). The customer will only be charged the actual order value and not the reserved amount on the credit card.
  3. When paying with TWINT, a price shall be charged at the time of ordering that may be up to 15% higher than the actual order value (see paragraphs 3.c and 4b). If the actual value of the goods at the time of dispatch is lower than the calculated amount, the customer shall be refunded any difference.
  4. Any discount vouchers that are valid cannot be accumulated or redeemed for the purchase of non-food items or against value vouchers.
  5. If the customer does not fulfil his payment obligations or only partially fulfils them within the set payment period, all outstanding claims of the customer against the seller, for whatever reason, shall become due for payment immediately. The Seller may also demand appropriate securities for further deliveries of goods to the Customer and outstanding claims, refuse outstanding deliveries in whole or in part and/or only carry out outstanding deliveries against advance payment.
  6. If securities or payments are not made even after a reasonable grace period has expired, the seller may withdraw from the contract, even if the goods or a part thereof have already been delivered. If the buyer does not comply with the terms of payment, the seller may demand compensation. The seller is also entitled to charge interest on arrears of CHF 5 (2nd reminder) or CHF 10 (3rd reminder). If the reminder is unsuccessful, the invoice amounts may be transferred to a debt collection agency. In this case, an effective annual interest rate of up to 15% may be charged on the outstanding invoice amount from the due date. The collection agency will pursue the outstanding amounts in its own name and for its own account and may charge additional processing fees.
  7. Ordered goods remain the property of the seller until full payment has been made by the customer. The latter is authorised to make a corresponding entry in the retention of title register. Prior to the transfer of ownership to the customer, pledging, transfer by way of security, processing or remodelling is not permitted without the express consent of the seller.

5. Dates and delivery

  1. During the ordering process, the customer enters the delivery address and makes a selection from the available options for delivery time and delivery date.
  2. In principle, the seller shall deliver the ordered goods exclusively to delivery addresses in Switzerland and Liechtenstein. Deliveries abroad are possible in exceptional cases but require the explicit consent of the seller. Such orders must be placed by telephone or e-mail. The customer is also obliged to pay any additional taxes and customs duties, to accept the goods and to make payment.
  3. The customer is responsible for ensuring that the specified delivery address is easily accessible for lorries.
  4. Deliveries to delivery addresses in Switzerland and Liechtenstein are normally made on the delivery days specified on the website. The seller endeavours to provide accurate and up-to-date information on availability and delivery times on its digital platforms. Despite these efforts, delivery delays may occasionally occur, in particular due to delivery or production bottlenecks. Therefore, all information on availability and delivery times is non-binding and subject to possible changes.
  5. In the event of delivery or production bottlenecks, the Seller shall notify the Buyer as soon as possible. If the ordered goods cannot be delivered within ten (10) days of the selected delivery date, the customer has the option of setting the seller a reasonable deadline for subsequent fulfilment. If the seller does not fulfil the contract within this grace period, the customer is free to waive subsequent fulfilment or withdraw from the contract after immediate declaration. In such cases, the seller shall reimburse the customer for payments made for the order for undelivered goods. In addition, there are no further claims against the seller.
  6. In the event of unforeseen incidents beyond the Seller’s control (such as major operational disruptions, delayed or faulty deliveries, etc.), the deadlines shall be postponed accordingly.
  7. Partial deliveries are permitted by the seller. The associated additional shipping costs shall be borne by the seller.
  8. If the customer does not accept the dispatched goods on the agreed or notified delivery date, the seller reserves the right to withdraw from the contract. In such situations, the customer shall bear the costs of the unsuccessful delivery and the seller may charge the customer for any loss in value. However, this provision does not apply if the customer makes effective use of his right of cancellation, if he is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered delivery. The latter does not apply in particular if the seller had announced the delivery in good time in advance.
  9. Through the packaging concept used, the seller ensures that refrigerated products are delivered within the specified delivery time window. After the goods have been handed over to the customer by the logistics company, responsibility for the content lies expressly with the purchaser. If the customer is not present at the time of delivery, the deliverer will deposit the delivery in accordance with his generally applicable practices.
    The seller guarantees that the cold chain is maintained right up to the customer’s front door or business door. Thereafter, the customer expressly bears responsibility for the content. In any case, the seller recommends that the customer be present during delivery to ensure that the shipment can be handed over under optimal conditions.
  10. If the customer chooses the self-collection (pick-up) option and does not collect the ordered products at the defined location within two (2) working days from the selected collection date, the seller reserves the right to also withdraw from the contract.

6. Performance of the contract

The seller’s confirmation is decisive for the scope and type of delivery. Unless a specific place of performance has been specified by the parties or this can be derived from the nature of the transaction, delivery is deemed to be the provision of the goods at the seller’s picking center. Unless expressly agreed otherwise, risk and benefit are transferred from the seller to the purchaser when the goods are handed over.

7. Warranty

  1. The buyer is obliged to immediately check the delivered or collected products for completeness, accuracy and any damage. If deliveries are made by a logistics company, any possible damage must be reported to the seller within a reasonable period of time. Any damage during delivery, incorrect or incomplete deliveries must be reported to the seller immediately (but no later than 24 hours) after delivery or collection of the products. If the report is made after this period, the purchased product will be considered accepted.
  2. If the purchaser complains about defects in the delivered goods within the specified period and can provide evidence of these, the seller will, at its own discretion, either within a reasonable period of time
    – carry out the elimination of defects or provide partial or complete replacement with an equivalent product of the same type and quality.
    – issue a credit note to the purchaser according to the current daily price (maximum the amount of the sales price at the time of the order);
    – reduce the purchase price in accordance with the loss in value (reduction) and refund the customer the difference from the amount paid up to that point.
  3. In principle, the seller never returns delivered products.
  4. Excluded from the warranty are malfunctions and defects that are not the responsibility of the seller, such as force majeure, normal wear and tear, improper handling, interference by the customer or third parties, strong environmental influences or excessive use.
  5. If the customer resells the goods, it is his responsibility to comply with both domestic and foreign export regulations. If the customer modifies the resold products, he is liable for any damage to the seller, the buyer or third parties. The provisions of the Product Liability Act remain unaffected.
  6. Any further regulations, in particular statutory warranty regulations, are hereby excluded.

8. Liability

  1. Liability is subject to applicable legal regulations. However, it should be noted that in no event shall the Seller be held liable for (i) indirect or consequential damages, consequential damages or loss of profits, (ii) slight negligence, (iii) any acts or omissions on the part of the Seller’s auxiliary persons (such as logistics companies), whether non-contractual or contractual, (iv) unrealized savings, and (v) damages due to delivery delays.
  2. In addition, the seller disclaims all liability in the following situations:
    – improper, non-contractual or illegal storage, application or use of the products;
    – Force majeure, in particular damage caused by natural disasters, humidity, falls or impacts, etc., which are not the responsibility of the seller.

9. Copyright and other intellectual property rights

The software programs used to operate the seller’s digital offerings are subject to copyright protection. Customers are prohibited from using these software programs contrary to the following provisions. In particular, it is not permitted to reproduce, copy, modify or otherwise change the software programs.

10. Other provisions

  1. The parties endeavor to resolve any disputes that may arise in connection with the execution of this contract through an amicable agreement.
  2. By ordering products via the seller’s digital platforms, the customer accepts these General Terms and Conditions (GTC) as an indispensable part of any contract concluded with the seller. The purchaser declares his consent to the following clauses and legal information that are related to the seller’s goods and offers. This also includes any third-party products and services presented by the seller.
  3. If any provisions of these General Terms and Conditions are declared invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a new regulation whose legal and economic effect is equivalent to the invalid provision.
  4. The seller reserves the right to adjust the provisions of these terms and conditions at its own discretion and at any time. Such changes will be communicated to customers immediately on our digital platforms or in another appropriate form. It is the responsibility of customers to regularly inform themselves about the current provisions of these General Terms and Conditions.
  5. If the seller processes the customer’s personal data, the data protection declaration is effective.

11. Applicable Law and Place of Jurisdiction

  1. These General Terms and Conditions and all related matters are subject exclusively to Swiss law, excluding the conflict of law provisions of Switzerland and the customer’s place of establishment.
  2. Unless otherwise mandatory legal regulations apply, the place of jurisdiction in Zug applies to all disputes in connection with these General Terms and Conditions. However, the seller reserves the right to appeal to the competent court at the customer’s place of residence or registered office.