General Terms and Conditions

Please note: Only the German original of these General Terms and Conditions of Grinds GmbH is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these General Terms and Conditions, you automatically accept the German original.

1 Scope of application

The present general terms and conditions (hereinafter “GTC”) apply to all legal transactions made through the online shop www.getgrinds.ch. The online shop is operated by Grinds GmbH (hereinafter “Grinds”). Grinds reserves the right to change these GTC at any time. The version of the GTC valid at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognized.

The range of products and services available in the online shop (hereinafter “offer”) is primarily intended for customers whose place of residence or place of business is Switzerland or Liechtenstein.

Deliveries are made primarily to addresses in Switzerland or Liechtenstein.

Products are available for as long as they can be found through the search engine in the online shop and/or while stocks last.

Customers confirm compliance with the legal provisions for all product orders with a minimum age requirement of 18 (particularly for alcohol and tobacco products).

Large orders exceeding a standard amount may be refused without reason.

2 Information

2.1 Product and price

Product images used for advertising, brochures, the online shop etc. are for illustration purposes only and are not binding.

Product information available through the online shop is compiled as customer-friendly as possible but is not binding. Information provided by the manufacturer applies, provided that it is valid in Switzerland.

All prices quoted are net, in Swiss Francs, include value added tax (VAT). Grinds reserves the right to change prices at any time. The prices stated in the online shop at the time of order placement apply.

2.2 Availability and delivery times

Grinds is committed to provide up-to-date and precise information on availability and delivery times in the online shop. However, production and delivery shortages in particular may cause delivery delays. Therefore, all information on availability and delivery times is subject to change.

3 Contract conclusion

Products and prices stated in the online shop are deemed to constitute offers. However, these offers are always subject to deliver inability or incorrect price quotations, both of which lead to contract cancellation. A contract shall be deemed concluded as soon as an order has been placed by the customer in our online shop, by telephone or e-mail (hereinafter referred to as “contract”).

Customers are informed of their order placement by means of an automatically generated order confirmation that is sent to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online shop and a contract was therefore concluded under condition of deliverability and correct price quotation.

4 Delivery date

Together with the confirmation, the customer is either provided with a provisional delivery date or is contacted so that an individual delivery date can be arranged.

If delivery by Grinds is delayed, customers are entitled to withdraw from the contract (with the exception of special orders) as of the 30th calendar day from the originally scheduled delivery date. In such an event, Grinds will refund the customer any amount paid in advance. No further claims towards Grinds apply.

5 Delivery

The delivery address in Switzerland or Liechtenstein must be easily accessible by truck. Should this not be the case, the customer shall bear any consequential costs.
Should the customer refuse to accept the ordered products on the arranged or provided delivery date, Grinds may withdraw from the contract (cancellation) and invoice the customer any additional costs incurred as well as an inconvenience charge of 20% of the order value but no less than CHF 60.– as well as charge for any value loss of the ordered products.

6 Customer’s obligation to inspect products

Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and integrity. The customer shall inform Grinds of any defects immediately after detection thereof and within 5 calendar days after receipt of the delivery/collection at the latest. The customer must retain the product in the condition it was delivered in and may not use it. If the delivery is carried out by a service partner, the customer, by signing the delivery note, confirms that the product shows no obvious defects. Alternatively, he/she must state the defect on the delivery note. This does not apply to hidden defects.

7 Liability and exclusion of liability

Liability is based on the applicable legal provisions. However, in no event shall Grinds be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealized savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of Grinds, be this contractual or non-contractual.

Moreover, Grinds is not liable for damage resulting from the following causes:

  • Storage, setting or use of products that is improper, unlawful or contrary to contract;
  • Use of incompatible substances;
  • Failure to maintain and/or improper modification of the products by our clients or a third party;
  • Force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by Grinds or official orders.

The commissioned service provider is liable for any defects, performance delay and damage caused during the execution of services (e.g. event).

8 Payment

8.1 Payment methods

Payment should primarily be made in Swiss Francs.

We accept the following payment methods: online banking, transfer by bank or post, credit card, Visa, Mastercard, PayPal, PostFinance, debit card and postcard. Our current fees can be viewed under payment methods and are given in detail in the ordering process.

When paying by credit card, the amount is debited at the time of order.

In case of prepayment, delivery is made only after receipt of the payment. The products in stock at the Grinds main warehouse are reserved until the expiration of the payment term, which is at least 40 calendar days. Products that need to be delivered by an external distributor first are only ordered upon receipt of payment.

For fee-based purchases on account (2.5% surcharge on order value), customers are obliged to settle the invoiced amount within 20 calendar days of receiving the delivery without any (discount) deduction. In the event of a partial return of the delivered products, the invoiced amount may be reduced accordingly.

8.2 Delay of payment

Should customers fail to settle their payment obligations in whole or in part, all outstanding amounts owed to Grinds for any purchases become immediately due (within 8 calendar days from the first reminder for prepayments). Grinds may request immediate payment and suspend any further product deliveries to the customer.

Grinds levies an administrative charge of CHF 10.– from the second reminder and CHF 25.– from the third reminder. Should the reminders be unsuccessful, the invoiced amount may be contracted to a collection agency (Intrum Justitia, Eschensstrasse 12, 8603 Schwerzenbach). In such an event, an additional effective annual interest rate of up to 15% may be invoiced for the owed amount as from the due date of payment. The agency contracted with the collection of the owed amounts claims the amount on its own behalf and on its own account and may levy additional service charges.

8.3 Reservation of ownership

All ordered products remain the property of Grinds until payment is received in full. Grinds is entitled to make an entry in the register for reservation of ownership. Without the express consent of Grinds, no pledging, transferring of security, processing or modification is permitted prior to transfer of ownership.

9 Order change or cancellation

Order placement obliges the customer to accept the products. Grinds may, at its own discretion, accept subsequent order changes or cancellations by the customer and invoice an inconvenience charge of 20% of the cancelled order value, but no less than CHF 60.–, as well as any value loss of the ordered products.

In the event of (partial) inability to deliver (condition leading to termination) after order placement or contract conclusion pursuant to point 3, the customer is immediately informed by e-mail. If the customer has already made the payment, the amount is refunded. If no payment has been made, the customer is exempted from the obligation to pay the amount due. Further claims for delivery delay or delivery failure are excluded.

10 Returning products free of defects

There is no general right to return ordered products. According to the conditions listed at Returning Articles, Grinds grants the right to return ordered products within a maximum of 14 calendar days after receipt.

In such an event, shipment costs for the return of the products shall be at the expense and risk of the customer. Products must be sent by registered post to the address given in “contact” at www.getgrinds.ch. The products, together with all accessories, must be properly packed and returned in their original packaging. Damaged products cannot be returned or will be fully invoiced to the customer respectively.

11 Further provisions

11.1 Non-allocatable returns

Returns that cannot be allocated or returned to a customer are retained for 6 months before being disposed of.

11.2 Data privacy protection

The privacy statement at Privacy Statement is an integral part of these GTC. By accepting these GTC, customers also agree to the privacy statement.

11.3 Partial invalidity

Should individual terms of these GTC be invalid or void, the validity of the other provisions of these GTC shall not be affected.

11.4 Place of jurisdiction and applicable law

All legal relations between Grinds and their customers are subject to substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

11.5 Copyright notice

All rights to these GTC, particularly copyrights, are reserved by Grinds. All reproduction, distribution or other use is prohibited except with written permission from Grinds.

In the event of breach of this requirement, Grinds reserves the right to take legal action.

January 2016