GTC
1. general provisions
1.1 These General Terms and Conditions (hereinafter referred to as GTCs) of Gigi Group GmbH, Wiesenstrasse 15, 8807 Freienbach, hereinafter referred to as Gigi Group GmbH, govern the rights and obligations of users (hereinafter referred to as buyers/customers) of the Gigi Group GmbH website at https://gigisushibar.ch in connection with the use of the services offered (use of the website, sale of goods, etc.).
They govern the legal relationship between Gigi Group GmbH and the buyers/customers conclusively, unless they refer to other provisions or declare such provisions to be applicable.
1.2 Gigi Group GmbH reserves the right to make changes to these GTC at any time and without stating reasons and to publish the current version on https://gigisushibar.ch. By clicking on the "Buy now" button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order will follow immediately after the order has been sent.
2 Validity of the GTC
2.1 These General Terms and Conditions apply to purchase contracts concluded by private individuals and companies via the Gigi Group GmbH website.
2.2 These General Terms and Conditions also apply to distance purchases concluded by other means, e.g. by e-mail, telephone, fax or letter.
2.3 These General Terms and Conditions can be viewed, downloaded, saved and printed at any time at https://gigisushibar.ch under GTC.
3. conclusion of contract
3.1 Gigi Group GmbH (seller, supplier) sells goods and products according to the online list of goods on offer and thus becomes a contracting party of the buyer/customer with regard to the purchased items upon conclusion of the purchase contract.
3.2 Offers are deemed to be invitations to submit an offer. By clicking on the "Confirm" or "Buy now" button to place an order, the buyer/customer then bindingly declares the conclusion of the contract with Gigi Group GmbH and thus the acceptance of these GTCs. The order will then be confirmed by Gigi Group GmbH by e-mail.
3.3 However, Gigi Group GmbH shall not be liable for the loss/destruction of confirmations by e-mail or in the event of incorrect e-mail details provided by the buyer/customer. It is therefore at liberty to prove the conclusion of the contract by presenting a confirmation e-mail.
4. content of the contract
Subject to these General Terms and Conditions, the content of the contract concluded between the Buyer/Customer and the Seller shall be determined by the product description and the conditions set out by the Seller in accordance with the list of goods offered, as they were visible on the order page at the time of the binding order by the Buyer/Customer.
5. duties of care of the customer
The customer undertakes to provide truthful, accurate, up-to-date and complete personal details on the order form. Gigi Group GmbH excludes any liability for losses and damages resulting from the non-fulfillment of these obligations. We reserve the right to check this information by means of a call-back or similar suitable measures and to exclude individuals from the online ordering service if they fail to comply with our GTC.
6. order and delivery
If the delivery option "Delivery" is selected, the customer must be present at the time of delivery. If the customer cannot be found and the courier cannot reach him, the courier is entitled to deposit the delivery in the associated letterbox or, if this is not possible, to take it with him. This also applies if the delivery is not paid for. Gigi Group GmbH accepts no liability for any loss or damage that may result from such circumstances. For orders with incorrect or incomplete delivery information or in the event of absence at the time of delivery, the full amount of the order will be charged.
6. protection of minors
Age restrictions for the purchase of alcoholic beverages: A minimum age of 16 years is required for the purchase of beer, wine and cider. A minimum age of 18 years applies to the purchase of spirits, aperitifs and alcopops. By placing an order on https://gigisushibar.ch, the customer confirms that they have reached the legally required minimum age and are therefore entitled to purchase alcoholic beverages.
Age verification on delivery: If the order includes alcoholic beverages, Gigi Group GmbH reserves the right to carry out an age check on delivery. If the customer cannot prove his/her age or does not meet the required minimum age, Gigi Group GmbH is entitled to refuse delivery of the alcoholic products and to cancel these items of the order. Claims of the customer in relation to the refusal of delivery due to missing or insufficient proof of age are excluded.
7. prices and offers
7.1 Prices are quoted in Swiss francs (CHF).
7.2 Gigi Group GmbH reserves the right to change prices at any time. The prices published on the website on the order date shall apply to buyers/customers.
7.3 Offers on https://gigisushibar.ch are subject to the (resolutory) condition of incorrect pricing or impossibility of delivery. Gigi Group GmbH is not liable for obviously incorrect price quotations or product descriptions.
7.4 Gigi Group GmbH reserves the right to temporarily or permanently change, interrupt or discontinue the service offered with or without notice to the customer. Gigi Group GmbH shall not be liable to the customer for the modification, interruption or discontinuation of the service.
8. data protection
Gigi Group GmbH only collects the data that is absolutely necessary and uses it to process the order and to make shopping as easy as possible for returning customers. Further details can be found in the online privacy policy.
9 Warranty, liability
The customer expressly agrees that the use of the service provided by Gigi Group GmbH is at the customer's own risk.
9.1 Liability for direct damages is expressly excluded to the extent permitted by law. Liability for slight negligence is therefore excluded. Similarly, Gigi Group GmbH shall not be liable for indirect or consequential damages.
9.2 Gigi Group GmbH shall not be liable for any temporary unavailability of the website, nor for the failure of individual or all website functions or malfunctions of the website, nor for the use of the website in general.
9.3 The buyer/customer is responsible for the security of the systems, programs and data under his control. It is in the buyer's/customer's own interest to keep passwords and user names secret from third parties.
9.4 Gigi Group GmbH shall not be liable for defects and malfunctions for which it is not responsible, in particular not for security defects and operational failures of third-party companies with which it cooperates or on which it is dependent.
9.5 Furthermore, Gigi Group GmbH shall not be liable for force majeure, improper action and disregard of risks on the part of the buyer/customer or third parties, excessive use, unsuitable equipment, extreme environmental influences, interventions by the customer or disruptions by third parties (viruses, worms, etc.) that may occur despite safety precautions.
9.6 Gigi Group GmbH uses ingredients and additives that may cause allergic reactions or intolerances. Customers are required to inform themselves about the ingredients of our food and beverages on their own responsibility. If you are unsure, we recommend that you contact us directly.
10. severability clause, applicable law and place of jurisdiction
10.1 Should individual provisions of these General Terms and Conditions be wholly or partially invalid or ineffective, the validity or effectiveness of the remaining (partial) provisions shall not be affected. Invalid or ineffective provisions shall be replaced by provisions that come as close as possible to the economic purpose of the invalid or ineffective provisions. The same shall apply to any loopholes in these provisions.
10.2 These GTCs, the purchase contracts concluded between the buyer/customer and the seller and all disputes arising in connection therewith shall be governed exclusively by Swiss law.
10.3 The exclusive place of jurisdiction for all disputes arising from the business relationship between the buyer/customer and Gigi Group GmbH shall be the registered office of Gigi Group GmbH, subject to any mandatory statutory place of jurisdiction.