General Terms and Conditions - AGB

Online shop mrbrunch.ch

  • 1 Scope and terms of use
  1. These General Terms and Conditions (GTC) solely govern the contractual relationship between MrBrunch AG, Freilagerstrasse 73, 8047 Zurich (hereinafter referred to as the "Seller") and its customers (hereinafter referred to as the "Customer" or "Buyer") for the products offered on the Website www.mrbrunch.ch products offered.
  2. The only products covered by the above terms and conditions are those sold via the online shop of the website www.mrbrunch.ch goods sold.
  3. These GTC exclusively regulate the contractual relationship between the Seller and its customers in the aforementioned sense. Contractual terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognised unless the Vendor has expressly agreed to them in writing in the individual case.
  4. These terms and conditions apply to both private consumers and business customers. A consumer is any natural person who places an order for purposes that can be attributed neither to his commercial nor to his independent professional activity, but to his private needs and that do not exceed normal consumption.
  5. The Seller may supplement or amend the GTC at any time at its own discretion. The respective (approved) version at the time of a customer's purchase via the online shop on the website shall apply.
  6. For the use of our offers, the customer undertakes to provide truthful and complete information during the ordering process. Should this not be adhered to on the part of a customer, the seller expressly reserves the right to reject orders from a customer. Furthermore, the seller assumes no liability for incorrect information provided by the customer via the internet shop on the website. www.mrbrunch.ch .
  7. The seller currently only delivers within the city of Zurich (districts 1 - 12). The offer is therefore in principle only directed to persons/companies with residence/registered office in this area: For customers outside this area, a possible conclusion of a contract or a delivery will only take place after prior consent on the part of the seller at the early request of the customer. In this regard, the customer must use the contact form on the website of the seller or contact the seller via info@mrbrunch.ch to contact.
  8. For the rest, reference is made to the separate imprint on the Internet site www.mrbrunch.ch referred to.

 

  • 2 Subject matter of the contract
  1. The subject matter of the contract is the order placed by the customer via the online shop of the internet platform www.mrbrunch.ch (hereinafter referred to as the Website) and delivered to your home by the Seller.
  2. At this time, the brunch box includes the following food and beverage items:
    • 2 croissants 70g, 1 baguette, 2 muesli approx. 60g, 2x honey 28.3g, 2x jam 28.3g, 2x nut cocoa 28.3g, sliced meat approx. 120g, cheese approx. 150g, 2 orange juices à 0.2 l, 2 boiled eggs 65g +, milk 0.5 litres, 2x Ovo à 15g, 4x butter à 10g, 1x Surprise content/box (every week something new) and yoghurt 180g for the actual scope of services please refer to the specific information at www.mrbrunch.ch.
  3. The product images shown on the website, in particular the colours shown, may differ from the original product for technical reasons.
  4. The photos contained on the website are for illustrative purposes only and without obligation; they do not constitute a binding offer and no guaranteed purchase characteristics can be derived from them alone.

 

  • 3 Conclusion of the contract
  1. When ordering in the online shop, customers can take a closer look at the contents of the Brunchbox by clicking on the product image on the product overview and place it in the shopping cart via the link/button "add to cart" and then order it for a fee. In addition to selecting the Brunchbox, the customer must specify in which of the specified time windows the Brunchbox is to be delivered to his home (cf. explanations below).
  2. By pressing the "Buy" button, the customer enters the payment process. Here he has to give his name and address, his telephone number and his e-mail address and finally select one of the predefined payment methods (various credit card providers, PayPal, TWINT and payment on account, see below). By providing this information and completing the order, the customer submits a binding offer to conclude a purchase contract.
  3. After sending the order, the customer receives an order confirmation with the relevant information to the e-mail address provided. This order confirmation e-mail constitutes an acceptance of the offer on the part of the seller (conclusion of the contract). In the confirmation e-mail, the information of the customer and consequently the time window relevant for the delivery of the Brunchbox will be indicated again.
  4. The seller is entitled to withdraw from the contract even after conclusion of the contract and after payment of the purchase price, insofar as it cannot deliver the ordered brunch box for various reasons. In this case, the seller will inform the customer immediately about the unavailability of the desired products and refund any amounts already paid within 5 working days.

 

  • 4 Storage of the contract text / registration
  1. The seller stores the order sent by the customer in the aforementioned manner and the order data entered as part of the ordering process: This is the personal information such as name, residential address or business address, e-mail address and delivery address. Existing customers are given the opportunity to register as customers on the platform by providing the aforementioned information.

 

  • 5 Prices
  1. The price for a Brunchbox purchased via the Platform's webshop, including delivery by the Seller, is CHF 69.00 per box. The Seller intends to launch further Brunchboxes with different sizes and contents in the future.
  2. Price changes and price errors remain reserved.

 

  • 6 Terms of payment and delivery
  1. The Brunchbox can be paid as part of the payment process in the online shop of the website with VISA, Mastercard, TWINT, PayPal or via Postcard e-finance. Alternatively, the seller offers payment by invoice within 14 days of dispatch of the online order by the customer (in this case, the conditions for payment by invoice mentioned in the ordering process must be accepted).
  2. Shipping takes place within the city of Zurich (districts 1 to 12). For customers outside this area, delivery will only be made after prior agreement on the part of the seller at the request of the customer. In this regard, the customer must use the contact form on the website of the seller (info@mrbrunch.ch). In this case, the seller will clarify and agree with the customer in the individual case - without corresponding assurances - whether and at what modalities a contractual relationship outside the usual delivery area is possible.
  3. The Brunchboxes are only delivered on Sundays between 9 am - 2 pm. For this purpose, the customer has to specify during the ordering process in which time slot the Brunchbox should be delivered to the delivery address. On the platform, hourly delivery time windows are available for selection, the first delivery time window begins from 8-9, the last delivery time window lasts from 13 - 14 o'clock.
  4. Timely delivery in accordance with the aforementioned § 6, para. 3 requires the sending of an order via the Seller's online shop by 11.59 p.m. of the previous day at the latest. In this sense, late orders on the platform of the seller can no longer be delivered within the deadline. Online orders of the Brunchbox after 11.59 p.m. can alternatively be placed via the independent third-party supplier www.takeaway.ch according to their conditions, which are independent of the seller; in this case, a delivery on the following day may be partially possible according to the specifications of the third-party supplier.
  5. The dispatch of the Brunchbox takes place at the risk of the Seller (transfer of risk with the handover of the box to the Customer or, alternatively, with the handover of the box at the Customer's front door). The customer is obligated to be available at all times at the selected or within the allocated delivery period at the specified delivery location and to accept the delivery in person or through an authorized representative during this period. In the event that the Customer is not present at the agreed delivery location for more than 5 minutes after the arrival of the courier, the Seller or its courier shall be entitled to deposit the Brunchbox at the Customer's front door; in this case, all contractual performance and delivery obligations of the Seller shall be deemed fulfilled.
  6. For special shipping instructions, please contact the seller at info@mrbrunch.ch to contact.

 

  • 7 Warranty and right of withdrawal
  1. Any warranty and also a right of withdrawal on the part of the customer is excluded.

 

  • 8 Disclaimer
  1. Any liability for third party or consequential damages as well as for a loss of the purchased product by the customer is excluded. The seller is not liable for damages caused by negligence.
  2. The seller is not liable for any food intolerances of the customer resulting from the consumption of the Brunchbox. Before purchasing the Brunchbox, the Customer is obliged to make the necessary clarifications regarding his own compatibility with the products, taking into account the product information on the Seller's platform.
  3. Liability claims in the event of actual perishability of goods are to be addressed directly to the product manufacturers concerned: The Seller shall not be liable in this respect.
  4. The seller is not responsible for error-free and/or constantly available data communication via the Internet, nor for the error-free and uninterrupted availability of the online shop. It is not liable for technical and/or electronic errors occurring during an order process.

 

  • 9 Data protection
  1. The data necessary for the use of the aforementioned platform will be treated confidentially. In addition, the seller protects the interests and privacy of the users.
  2. By using the platform, users and buyers expressly consent to data being stored on the server of the web shop provider Shopify in compliance with the applicable data protection provisions. Both requests and responses are deposited directly on the server and are only accessible by means of identification. The user expressly agrees to this communication. In addition, the user agrees that the rest of the correspondence takes place by means of unsecured e-mails. The seller endeavours to protect the databases from unauthorised access, loss, misuse or falsification by all reasonable means. When visiting the Seller's website, the web servers register impersonal usage data. The log files provide information about the customer's IP address, the last page visited, the browser used, date, time and the requested file. The vendor reserves the right to analyse this data in-house in order to identify trends, compile statistics and improve our online offering. At the same time, she takes care not to link usage data with personal data. If customers decide to provide the seller with additional data in connection with inquiries or by other means, the seller will treat this information in accordance with applicable data protection law.
  3. The aforementioned platform of the seller undertakes to use personal data carefully and exclusively for the indicated purposes. The user agrees that the information provided when using the systems can be viewed and processed by the seller's employees and by the operators of the platform. A distinction is made between cookies that are only active as long as the browser is open and those that are permanently stored on the hard disk. According to the Data Protection Act, permanent cookies are only permitted if the users give their consent to their use. The seller respects this principle and leaves it up to the customers to decide whether they want to work with permanent cookies or not. However, the vendor draws the customer's attention to the fact that access is only possible with cookies switched on. These text files stored on the hard disk do not contain any personal data. How to switch off cookies or refuse their acceptance can be found on the browser's help pages.

 

  • 10 Copyrights
  1. Either the seller or the copyright holder has the right to all images of the products for sale displayed on the aforementioned Internet platform. These works may only be used by third parties with the written consent of the seller.

 

  • 11 Final provisions
  1. All transactions in connection with these Terms and Conditions shall be governed exclusively by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the country of the customer's habitual residence, i.e. the mandatory provisions applicable to private consumers, shall remain unaffected - insofar as they are mandatory and cannot be waived.
  2. The place of jurisdiction for disputes arising from the present contractual relationship - subject to deviating mandatory places of jurisdiction - shall be the courts in Switzerland with jurisdiction at the place of business of the Seller.
  3. Should one or more clauses of these terms and conditions be invalid in whole or in part, this shall not affect the validity of the remaining contractual provisions and these parts of the contract shall remain valid. In this case, the individual invalid or void provision shall be replaced by a new, legally permissible provision that comes as close as possible to the invalid or void provision in terms of its economic effect. If an invalid contractual provision is not subsequently corrected, it shall be replaced mutatis mutandis by a relevant statutory provision.