Scope of application

The General Terms and Conditions (hereinafter referred to as the “GTCs”) apply to all requests made, orders placed and contracts concluded via Stutzer & Co. AG. The GTCs form an integral part of all contracts concluded between customers and Stutzer & Co. AG.

Stutzer & Co. AG reserves the right to amend these GTCs. The version of the GTCs in force at the time of the request for a quotation is authoritative and cannot be unilaterally amended for such order.

Data protection

The applicable data protection guidelines can be found in the Privacy Policy. The Privacy Policy forms an integral part of these GTCs. By accepting these GTCs, customers also agree to the Privacy Policy.

Data on the www.stutzer.ch website

The data on this website is compiled, revised and made available to the best of our knowledge. Stutzer & Co. AG assumes no responsibility and makes no guarantee as to the availability, correctness, accuracy, completeness or legality of such data. Stutzer & Co. AG makes no explicit or implied assurances as to these characteristics.

Stutzer & Co. AG accepts no liability for direct or indirect loss or damage resulting from the use or unavailability of data in/from its website or other online channels. No data from the online media may be reproduced, duplicated or otherwise distributed in any way without the prior written consent of Stutzer & Co. AG. 

Customer account details

The customer receives a username and password for the use of the Stutzer & Co. AG online store. The customer is responsible for keeping their username and password secret and for all actions carried out under their username and password. The customer undertakes to inform Stutzer & Co. AG immediately if unauthorized use occurs or could occur. The customer warrants that their details are correct and complete at all times and that all activities and content, such as photos, images, videos, graphics, written content, audio files, code, information or data (hereinafter referred to as “materials”), are used in a legally compliant, correct manner and that they are fully responsible for such use. Stutzer & Co. AG may reject an application for an account or delete or block data in objectively justified cases. If an account is not used (no login activity) for an extended period of time (usually six (6) months, or up to twelve (12) months for customers with seasonal operations), Stutzer & Co. AG reserves the right to block and/or delete an existing account for technical reasons.

Product range

The product range is aimed at customers based in Switzerland. Deliveries are only made to addresses in Switzerland. The product range is valid based on the quotation provided or for as long as it is visible on the order and information platform, in accordance with the period of validity stated in advertisements or brochures and/or while stocks last. Prices and the product range are subject to change at any time. The images shown in advertisements, brochures, the order and information platform, etc., are for illustrative purposes only and are not binding.

Ordering and conclusion of contract

A contract is not concluded until full payment has been made. After submitting a request, customers automatically receive a confirmation of receipt, documenting that the request has been received by Stutzer & Co. AG. Orders are then confirmed by a separate email to customers.

Stutzer & Co. AG is free to reject orders in whole or in part without giving reasons. In this case, customers will be informed and any payments already made will be refunded. Further claims are excluded; in particular, products that cannot be delivered will not be forwarded. Temporarily unavailable products cannot be reserved.

Conclusion of contract for online orders

The presentation of products in the Stutzer & Co. AG online store does not constitute a binding offer for the conclusion of a purchase contract. On receipt of the purchase offer, Stutzer & Co. AG will send an automatically generated email with which Stutzer & Co. AG confirms that the order has been received (confirmation of receipt). This confirmation of receipt does not constitute acceptance of the purchase offer. A contract is not yet concluded on confirmation of receipt. A purchase contract for the goods is only concluded when Stutzer & Co. AG expressly declares acceptance of the purchase offer or, at the latest, when the goods are handed over to the customer.

Protection of minors

By placing your order, you confirm that you are at least 18 years of age. The ordering of alcoholic beverages by minors is expressly prohibited. Stutzer & Co. AG complies with the legal provisions applicable to the protection of minors according to the Federal Office of Public Health (FOPH) and takes appropriate measures in the event of noncompliance.

Delivery

The delivery conditions of Stutzer & Co. AG can be found below:

For dry products:

• Delivery: DDP (delivered duty paid)
   Dry products can be delivered from the Oftringen warehouse for orders of one (1) full pallet or more, in accordance with the packaging units of the respective items. This includes mixed orders and orders over CHF 1,000.00 (excluding VAT).

• Collection: EXW (ex works)

   Customers can collect dry goods from the Oftringen warehouse for orders over CHF 500.00 (excluding VAT).

For frozen products:

• Delivery: DDP (delivered duty paid)
   Frozen products can be delivered from the Sennwald warehouse for orders with a net weight of 200 kg or more or for orders over CHF 1,000.00.

• Collection: EXW (ex works)

   Customers can collect frozen products from the Sennwald warehouse for orders over CHF 500.00 (excluding VAT).

Limitation of delivery quantities

Stutzer & Co. AG reserves the right to limit the delivery quantities for certain products and not to carry out the delivery; for example, in the event of insufficient stock or in the event of unusually heavy or bulky orders.

Small quantity surcharge and shipping

A small quantity surcharge of CHF 80.00 will be applied to orders with a net order value of less than CHF 1,000.00. 

Carriage paid to domicile (CPT) delivery

Unless otherwise expressly agreed, deliveries are made to the curb on a CPT basis. Deliveries to individual floors or other transport services within the building are not included. The goods are handed over by the freight carrier together with the delivery note. In principle, a handover cannot take place in the absence of the customer or a recipient designated by the customer.

Ensuring pallet exchange

Pallets will only be exchanged on a reciprocal basis on delivery or collection of goods (“pallet for pallet”) in the same type, quantity and quality of suitable exchange pallets (e.g. Euro pallets according to the EPAL standard). Euro pallets will be collected or exchanged by the logistics service provider of Stutzer & Co. AG at the next delivery. Damaged pallets or pallets that cannot be exchanged will not be recognized as equivalent and will not be deemed to have been exchanged. Any difference in the number of pallets will be invoiced directly to the customer by our logistics service provider once a year, at the end of each calendar year. By accepting our deliveries, the customer expressly acknowledges this provision.

Default of acceptance

If, after the expiry of a grace period set for the buyer, the buyer refuses to accept the delivery items or declares that they do not wish to accept the goods, Stutzer & Co. AG may refuse to fulfill the contract and claim damages for nonfulfillment. Stutzer & Co. AG is entitled to demand either a lump sum of 25% of the agreed purchase price or compensation for the actual loss incurred from the buyer as damages.

Warranty

Stutzer & Co. AG guarantees the quality and durability of its products under the following conditions:

• Shelf-stable food must be stored in a cool, dry place.

• Refrigerated food must be unpacked immediately on receipt and stored in accordance with the FDHA Ordinance of 16 December 2016 on Hygiene when handling Foodstuffs (HyO), as amended.

• Frozen products must be handled properly and stored at a temperature of at least -18°C without interrupting the cold chain.

Provided that compliance with these storage conditions is demonstrated by customers, Stutzer & Co. AG guarantees that the ordered products will be free from defects until the expiry date, but no more than two (2) years after delivery. For products without a best-before date, the legal rule of two (2) years from the date of purchase applies.

Payments

Customers are obliged to check the order confirmation carefully before payment, in particular with regard to the price, best-before date (BBD), quantity, delivery date and delivery address.

Payment is made on the basis of the order confirmation, which contains our bank details and the applicable payment terms. On request, we will also send you a QR code with all the payment information by email.

Payment is to be made net and without deductions in accordance with the conditions stated on the order confirmation.

After delivery of the goods, invoices are recorded in our system and sent to customers by email or by post on request.

Payment options
In principle, payment in advance (prepayment) applies to all orders, unless different payment terms have been agreed with Stutzer & Co. AG expressly and in writing. The goods will be reserved for a maximum of five (5) calendar days after the order is placed. If payment is not made to the designated account of Stutzer & Co. AG within this period and no other written response is received from the customer, the order will be canceled without further notice. In the case of payment in advance, delivery will only take place after receipt of payment in full. After confirmation of receipt of payment (amount credited to the account of Stutzer & Co. AG), the delivery period is usually two (2) working days.

For customers with an approved line of credit, the individually agreed payment terms and the line of credit specified by Stutzer & Co. AG apply.

Payments for online orders
All payment claims for products purchased via the Stutzer & Co. AG online store are asserted directly against customers. All payments must be made in Swiss francs. Customers can use the payment methods offered in the online store under “Payment options”.

In the case of payment by credit card or other instant payment methods, the amount will be debited by Stutzer & Co. AG after invoicing. In the case of payment in advance, delivery will only take place after receipt of payment in full. 

Differences in the case of payment in advance 
The final invoice will be issued by Stutzer & Co. AG and sent to the customer only after delivery has been made and the delivery note has been issued. If the customer has already paid the invoice amount prior to delivery based on the order confirmation, Stutzer & Co. AG shall adjust the invoice accordingly in the event of any discrepancy between the goods delivered and the order confirmation.

Late payment 
If customers fail to meet their payment obligations in whole or in part, all outstanding amounts owed by customers to Stutzer & Co. AG will become due immediately. Stutzer & Co. AG can demand immediate payment and suspend further deliveries of products to customers.

In the event of late payment, Stutzer & Co. AG may charge reminder fees, administration fees and interest on arrears at a rate of 5%. If reminders are unsuccessful, the invoice amounts may be assigned to a company commissioned to collect the debt. In this case, an effective annual interest rate of up to 15% may also be charged on the invoice amount owed from the due date. The company commissioned with collecting the debt will claim the outstanding amounts in its own name and on its own account and may charge additional processing fees.

Retention of title

Ordered products remain the property of Stutzer & Co. AG until full payment by customers. Stutzer & Co. AG is entitled to make a corresponding entry in the retention of title register. Prior to transfer of title, pledging, transfer of title by way of security, processing or alteration is not permitted without the express consent of Stutzer & Co. AG.

Complaints

To ensure smooth processing and prompt handling of complaints, the buyer is obliged to inspect the delivered goods immediately for any damage or discrepancies. A distinction must be made between immediately apparent transport damage, discrepancies discovered subsequently during sorting or picking, and hidden defects. The following regulations specify how and within what time limits any complaints are to be made to the supplier.

Visible damage and discrepancies
The buyer is obliged to inspect the goods immediately on delivery for externally apparent damage and discrepancies in quantity. Obvious transport damage (e.g. damaged packaging, crushed or opened containers) must be noted on the delivery note or freight document by the driver and confirmed by the recipient. Such damage must be reported immediately on delivery.

Hidden damage after sorting/picking
Damage or discrepancies in quantity that only become apparent during sorting or repackaging of mixed pallets in-house must be reported to the supplier in writing within two (2) working days of receipt of the goods. After this period has expired, the delivery will be deemed to have been approved.

Hidden defects
Defects that were not apparent during proper inspection (hidden defects) must be reported to the supplier in writing immediately on their discovery, but at the latest within five (5) working days of discovery. The statutory warranty rights remain unaffected by this.

Form of notification of defects
Each notification of defects must include photographic documentation, a delivery note or invoice number and a detailed description of the defect.

A product does not meet your expectations in terms of quality?

If a product does not meet your expectations in terms of quality, please inform us immediately so that we can find a suitable solution together.

Stutzer & Co. AG may fulfill the warranty at its own discretion by providing a:

• partial or full replacement with an equivalent product; or

• credit note up to the maximum amount of the sale price at the time the order was placed.

There is no general right of return for products that are free of defects and have been delivered correctly.

Warranty is expressly excluded for products:

• whose intrinsic characteristics (e.g. taste quality) subjectively do not meet customer expectations;

• that have been spoiled due to improper storage, interruption of the cold chain or incorrect handling by the customer;

• ordered accidentally or in error.

Other provisions

This section regulates the general legal framework for communication, the validity of contractual clauses and the handling of unforeseeable events that may influence the performance of the contract.

Electronic communication and severability clause
Customers agree that all representations, consents, notifications, publications and other communications are to be made in electronic form (e.g. by email, text message, publication of electronic messages or other communications on the website), unless this agreement expressly requires written form or mandatory legal provisions require another form. Should individual provisions of these GTCs prove to be ineffective or unenforceable or become ineffective or unenforceable, this will not affect the validity of the remaining provisions.

Force majeure and delivery conditions
In case of force majeure, strikes or poor harvests, we reserve the right to cancel orders in whole or in part. Forward and advance sales orders are subject to the proviso of full and damage-free arrival. When placing an order, customers confirm their agreement to the above conditions.

Changes
Stutzer & Co. AG reserves the right to change prices, packaging and presentation at any time without prior notice to customers, subject to market conditions and the cost price of imports. Goods will always be invoiced at the price stated on the order confirmation. Subject to prior sale.

Place of jurisdiction
The place of jurisdiction is Zurich in all cases.

Contact

Stutzer & Co. AG
Hofwiesenstrasse 349
8050 Zurich, Switzerland
T +41 44 315 56 55
Email