Our general terms and conditions
1. SCOPE OF APPLICATION AND CONTRACTING PARTIES
a. All contracts concluded between the customer (hereinafter referred to as the "Customer") and Mutoni Proteini GmbH shall be governed by these General Terms and Conditions (hereinafter referred to as "GTC").
b. Customers may be both natural persons and legal entities. The GTC apply to natural and legal persons with residence, registered office or delivery address in Switzerland or the Principality of Liechtenstein.
c. Mutoni Proteini GmbH, with its registered office at 3422 Kirchberg, Industrie Neuhof 2, shall be the contractual partner.
2. OFFER AND CONCLUSION OF CONTRACT
a. The offers in the online shop do not represent a legally binding offer. The images and information on the products shown in the online shop (lists of ingredients, nutritional values, food facts, allergy information, etc.) are for illustration purposes and are not binding. The specific information on the product packaging is authoritative.
b. An order by the customer shall be deemed to be an offer to Mutoni Proteini GmbH to conclude a contract. An order shall only be deemed completed when the customer has selected the product in the online shop and the payment method, has confirmed these GTC and has shipped the order by clicking the appropriate button.
c. If the Customer completes the order, he accepts the version of the GTCs valid at the time of the order. Individual changes to the GTC are only applicable in exceptional cases after mutual written confirmation.
d. If the customer completes the order, he/she also accepts and confirms the recommended price for the product or, if applicable, the product packages in the online shop at the time of the order.
e. The purchase agreement between Mutoni Proteini GmbH and the customer shall only be concluded after the purchase has been confirmed by Mutoni Proteini GmbH by e-mail, in the form of an order or shipment confirmation. In exceptional cases, the purchase contract will only be confirmed upon delivery of the goods.
f. If the purchase price of the product is paid by the customer in advance, the confirmation of payment by Mutoni Proteini GmbH shall be deemed to be the confirmation of the contract.
g. Mutoni Proteini GmbH shall be entitled to refuse orders in whole or in part without stating reasons. In this case, the customer will be informed and any payments already made will be refunded.
3. PRICES AND SHIPPING COSTS
a. The prices in Mutoni Proteini GmbH's online shop include the statutory value added tax. All prices are indicated in Swiss Francs (CHF).
b. The prices quoted do not include shipping costs.
c. Mutoni Proteini GmbH accepts the payment options indicated in the purchase process.
d. The purchase amount is due immediately upon conclusion of the contract.
4. TERMS OF DELIVERY
a. Only customers within Switzerland or the Principality of Liechtenstein are supplied. Exceptions must be agreed upon and confirmed in writing with Mutoni Proteini GmbH in advance. Benefits and risks shall pass to the customer upon delivery of the goods to the possible forwarding agent.
b. After conclusion of the contract, the delivery is made to the specified delivery address within 1-3 days. On Sundays and public holidays no deliveries are made.
c. If a product, or a part order, is not available, Mutoni Proteini GmbH will inform the customer.
d. Mutoni Proteini GmbH is entitled to make partial deliveries.
e. Should the supplier have tried three times to deliver the product to the customer without success, Mutoni Proteini GmbH reserves the right to withdraw from the sales contract. Any purchase price payments already made will be refunded. Mutoni Proteini GmbH reserves the right to charge the customer for shipping costs incurred in this case.
5. WARRANTY AND RIGHT OF RETURN
a. The customer is obliged to check the product for damage or defects immediately after the product is handed over from the carrier to the customer.
b. From the date of shipment, the customer shall have 7 days from the date of shipment to complain about any damage to the Product not caused by the customer, or any other damage or defects not caused by the customer in connection with the Product or the shipment, and to report such damage or defects to Mutoni Proteini Ltd. Should the product show damage or defects that can be proven not to have been caused by the customer, the customer may, in case of visible defects, withdraw from the purchase contract within a period of 7 days from the date of shipment and, in case of hidden defects, immediately after discovery, by written notice to Mutoni Proteini GmbH and return the delivered products to Mutoni Proteini GmbH. Products which fall within the scope of dietary supplements cannot be returned to Mutoni Proteini GmbH for health reasons. A return for other reasons is excluded.
c. Complaints about the goods do not entitle the customer to withhold due payments.
d. Mutoni Proteini GmbH shall not be obliged to provide any further services after the 7 days from the date of shipment, subject to the provisions of clause 5c.
e. Returned products will be destroyed without exception for safety and hygiene reasons and will not be offered for sale again.
f. As described in point 5b, the contract cannot be revoked outside the points mentioned in point 5.
6. EXCLUSION OF LIABILITY
a. Damages and incidents that occur during the delivery of the forwarder to the customer are the responsibility of the forwarder. From the moment the product is handed over from the forwarder to the customer, the customer himself is responsible for all damage occurring from that moment on. A right of withdrawal from the contract cannot then be asserted.
b. The customer himself is obliged to inform himself about incompatibilities. Furthermore, he is obliged to check the product for any defects upon receipt.
7. DATA PROTECTION
8. PURCHASE BY INVOICE WITH PARTIAL PAYMENT OPTION (POWERPAY)
As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview. When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’s GTC. (powerpay.ch/en/agb).
9. FINAL PROVISION
a. Mutoni Proteini GmbH reserves the right to adapt or amend these GTC at any time. Additional agreements or further commitments by Mutoni Proteini GmbH must be in writing.
b. The legal relationship between Mutoni Proteini GmbH and the customer shall be governed exclusively by Swiss law.
c. Subject to mandatory legal provisions, the parties agree to submit to the jurisdiction of the courts of Bern (Switzerland)