General Terms and Conditions (GTC)
SCOPE / GENERAL
ölBar Romano, Gerberstrasse 27, 4410 Liestal (hereinafter referred to as ölBar), headquartered in Liestal, runs an online supermarket.
Only legally competent persons may register with the online supermarket. To place an order in the online supermarket, customers must identify themselves in the online supermarket with their e-mail address and password.
If the customer is placing an order in the online supermarket for the first time and does not yet have an online account, he/she will be asked when placing the first order to set up a user account and provide the necessary customer data. The data required for registration that are provided by the customer must be complete and accurate. The customer is responsible for updating his own data. Registration is free. There is no entitlement to admission to the online supermarket.
The customer undertakes to protect access to his user account and not to divulge the account password to third parties.
An info e-mail may be sent to the e-mail address indicated during the registration process several times a year, containing the latest news or special promotions. The customer can unsubscribe from this info e-mail at any time by clicking on the appropriate link in the footer at the bottom of the e-mail.
How can orders be placed?
Orders in the online supermarket are placed exclusively online.
Range and product information
The range in the online supermarket may differ from the range stocked by ölBar in local sales.
ölBar makes every effort to provide accurate product information. The product information published in the online supermarket is regularly updated, with the utmost care. In exceptional cases, the information may deviate from the details printed on the product packaging. In such an instance, the information on the packaging takes precedence. The customer must always check the product packaging for specific information about allergies, intolerances, diabetes etc. before consuming the product.
ölBar has the exclusive right to use all product descriptions, images, photographs, texts etc.
ölBar reserves the right to limit the delivery quantity for particular products or, if need be, not to deliver a particular product at all. The quantities listed may be further restricted in the event of special offers.
Order placement / contractual relationship
The order is binding on the customer when they complete the online ordering process by clicking the “Submit order” confirmation button. The customer can no longer change the contents of the order after clicking the confirmation button. By clicking the confirmation button, the customer confirms the accuracy of the information they have provided. By clicking the confirmation button, the customer is making a binding offer to purchase the products ordered. The customer receives an e-mail confirming their order immediately after completing the ordering process. This confirmation e-mail from ölBar constitutes acceptance of the offer by ölBar. No contractual relationship exists between the customer and ölBar until this confirmation e-mail has been sent by ölBar.
The customer has no entitlement to acceptance of his order by ölBar. ölBar may decide not to accept an order and to refuse to confirm it.
Amending and cancelling orders
Orders can only be amended if the customer has not yet clicked the “Submit order” confirmation button to complete the ordering process. Once the customer has clicked the confirmation button and thus made his offer to ölBar, the order can no longer be amended.
The customer may cancel orders confirmed by ölBar, provided they do so at least 36 hours before the chosen delivery time. Those 36 hours must fall entirely within working days. Example: If the customer places an order in the online supermarket on a Friday and requests delivery the following Monday, the order can no longer be cancelled because the 36-hour cancellation period is over the weekend.
The customer must contact Customer Service if he/she wish to cancel the order. The Cancellation is only valid if confirmed by Customer Service.
ölBar reserves the right to cancel orders. In this event, the customer will be notified by e-mail before the goods are dispatched.
Guarantee of data communication
Given the current state of the art, no guarantee can be provided that data communication via the Internet will be error-free and/or available at any time. ölBar therefore accepts no liability in respect of the constant, uninterrupted availability of the online supermarket, nor for technical and electronic faults during the ordering process, in particular for any delay in processing or accepting orders.
Delivery of products ordered
Products ordered are delivered to the delivery address indicated by the customer.
Depending on the products and place of delivery, delivery will be undertaken by ölBar’s own delivery service or by various delivery service partners.
For reasons of quality and security, ölBar aims to hand the goods over to the customer personally. In case of deliveries using our own delivery fleet, the customer chooses at the time of ordering whether they wish the delivery to be left in a safe place if the contact person they has designated is unavailable. The customer can specify where the order should be left if they are not at home.
If delivery is made by a delivery service partner, should the customer or the contact person they have designated be unavailable, the delivery will be left at the delivery address, usually by the front door.
By completing the ordering process in the online supermarket, the customer consents to the delivery being left at the delivery address should the customer be absent.
Deliveries by delivery service partners to addresses with no home delivery are left at the location where the parcel service leaves parcels for these types of addresses.
Once the order has been handed over or the products left, the benefits and risk, particularly the risk of theft, damage by third parties or environmental factors, pass to the customer.
ölBar and the delivery service partners make every effort to adhere to the delivery periods. However, all delivery times stated by ölBar are for guidance only. Failure to adhere to delivery times by ölBar and its delivery service partners does not entitle the customer to withdraw from the contract or to receive compensation.
Impossibility of making delivery
In the event that ölBar or its delivery partners are not in a position to deliver an order confirmed by ölBar, ölBar is under no obligation to carry out the delivery. In this event, the order will be cancelled by ölBar. The customer will be notified by e-mail. The customer is not thereby entitled to compensation.
The customer must provide accurate information and adhere to that information. If the customer is in breach of this requirement and ölBar is therefore unable to deliver the order, e.g. due to the customer’s address details being incorrect or if the customer does not want the products to be left by the door when deliveries are made by ölBar’s own delivery service but is nonetheless not at home, ölBar is entitled to cancel the order and charge a fixed compensation fee of CHF 50.00 for the inconvenience caused.
Incomplete order fulfilment
ölBar makes every effort to deliver all the products ordered, in sufficient number and to a high quality standard. However, in exceptional cases and for various reasons, insufficient products may be available or it may not be possible to release goods. In this event, the customer will be notified by e-mail before the goods are dispatched.
Products that are not available at the time of delivery will not be subsequently dispatched or substituted with other products. The actual products delivered are
stated on the delivery note and on the invoice. In the event that a product is listed on the final delivery note and on the invoice but was not actually delivered, the customer will be refunded the appropriate amount.
Delivery charges are shown each time an order is placed. The total delivery charge varies, depending on the form of delivery chosen, the order value less any vouchers and discounts, and order frequency. Minimum volumes may apply depending on the products and the nature of the delivery. Delivery notes and invoices are normally sent electronically.
All reusable materials, such as glass bottles with and without a deposit, tins, aluminium packaging etc. must be disposed of by the customer at the official collection points.
PRICES AND PAYMENT
The products and prices are normally the same as those available in ölBar outlets. However, there may be differences, particularly during special offers and for special ranges.
All prices are quoted in Swiss francs, including VAT at the applicable rate. The prices charged are always those displayed on the online supermarket’s website at the time of the order.
Payment methods and payment terms
Various payment methods are available, depending on the products and the means of dispatch. ölBar is entitled to decide at its own discretion which payment method to accept in each case.
The various payment options are: credit card, TWINT, PostFinance.
The payment methods available are displayed for selection when the order is finalized.
Credit check / creditworthiness
ölBar is entitled to make delivery of orders contingent upon a check of creditworthiness.
By placing an order, the customer expressly authorizes ölBar to examine their creditworthiness by any means it considers appropriate, and, to this end, to pass on customer data to third parties if necessary.
Collection and assignment of claim to third parties
If the customer is late in payment, ölBar is entitled to mandate a third party with the collection of outstanding payments and to assign its claims to third parties in Switzerland or abroad. In the event of assignment, all outstanding claims at that time will be assigned. This entails costs for the customer.
CUSTOMER SERVICE AND COMPLAINTS
Customer Service provides information and personal advice regarding any questions, problems or complaints about the online supermarket’s services. Customer Service can be contacted as follows:
Telefon: 076 733 12 21
Defects must be reported immediately on receipt of the goods, otherwise the goods are deemed to have been accepted by the customer as being in perfect condition. Latent defects must be reported to Customer Service immediately after they come to light.
If the complaint is justified, the purchase price will be refunded to the customer. The customer keeps the product. The refund will be made to the payment method used.
Contradictions between different language versions
In the event of any ambiguities and/or inconsistencies between the German, English and Italian text, the German text shall be authoritative.
Changes to GTC
ölBar reserves the right to revise these GTC at any time. Changes will be notified on the online supermarket’s website and take effect when they are published. The customer accepts the new provisions at the first time of ordering after the publication of the new GTC.
Should any provisions of these GTC prove to be unenforceable or invalid, the validity of the remaining provisions shall remain unaffected.
Applicable law and jurisdiction
Swiss law is solely applicable. The place of jurisdiction for natural persons is Liestal or the customer’s place of residence. For legal entities, Liestal is the sole place of jurisdiction.
Links to other websites
The supermarket’s online offering may contain links to other websites which are not operated by ölBar. ölBar accepts no liability in this regard.