General Terms and Conditions (GTC) of Genesit GmbH

Address:
Genesit GmbH
Farnsburgerstrasse 8
4132 Muttenz, Switzerland
Email: info@genesit.ch

1. Scope

These General Terms and Conditions apply to all orders, deliveries, and services made through the Genesit GmbH online shop. The offer is addressed to natural and legal persons residing or having their business in Switzerland. Deviating terms and conditions of the customer are only recognized if expressly agreed in writing by Genesit.

2. Offer and Conclusion of Contract

The presentation of products in the online shop is a non-binding invitation to order. By submitting the order, the customer makes a binding offer to conclude a contract. The contract is concluded by express order confirmation via email or by dispatching the goods.

3. Prices and Payment Terms

• All prices are in Swiss Francs (CHF) including statutory VAT unless otherwise stated.
• Shipping costs are charged separately. A flat rate of CHF 10 per order is charged for packaging and delivery within Switzerland. Orders over CHF 100 are shipped free of charge.
• Payment methods offered: Credit card, TWINT, PayPal, PostFinance, Prepayment.

4. Delivery

• Delivery is made within Switzerland to the delivery address provided by the customer.
• Unless otherwise agreed, delivery usually takes place within 5 working days after contract conclusion or receipt of payment.
• If a product is not available, the customer will be informed immediately. Payments already made will be credited.
• Benefit and risk pass to the customer upon shipment of the goods.
• In cases of force majeure (e.g., natural disasters, strikes, pandemics, supply shortages), Genesit is entitled to reasonably extend delivery times or withdraw from the contract.

5. Inspection Duty and Complaint

• The customer is obliged to inspect the goods immediately upon receipt and to report any defects in writing within 5 working days.
• Failure to notify defects in time is deemed acceptance of the goods (Art. 201 CO).

6. Warranty

• The statutory warranty rights according to Swiss Code of Obligations (Art. 197 ff. CO) apply.
• In case of justified defects, Genesit may choose to deliver a replacement or credit the purchase price in whole or in part.
• For food products, the warranty is limited to manufacturing defects, quality defects, transport damages, and incorrect deliveries.
• Opened or improperly stored products are excluded from warranty.

7. Guarantee Conditions

• For certain products (e.g., coffee machines, grinders), a manufacturer’s guarantee may apply.
• Guarantee claims are only recognized upon presentation of a valid guarantee certificate.
• The guarantee does not cover damages caused by improper use, lack of maintenance, normal wear, or unauthorized repairs.
• Statutory warranty rights remain unaffected.

8. Return and Cancellation Rights

• There is generally no statutory right of withdrawal under Swiss law.
• Genesit may voluntarily grant a return right within 5 days for unopened, original packaged goods.
• Opened food products are excluded from exchange for hygiene reasons.
• Return shipping costs are borne by the customer unless the error is on Genesit’s part.

9. Retention of Title

• Goods remain the property of Genesit GmbH until full payment is received.
• Genesit is entitled to register the retention of title.

10. Liability

• Genesit is only liable for damages caused by gross negligence or intent.
• Liability for indirect damages, consequential damages, or lost profits is excluded.
• Genesit assumes no liability for improper storage of coffee after receipt.

11. Data Protection

• Genesit processes personal data in accordance with the Swiss Data Protection Act (DSG).
• Details are regulated in the privacy policy.

12. Severability Clause

• Should any provision of these GTC be invalid, the validity of the remaining provisions remains unaffected.

13. Jurisdiction and Applicable Law

• Swiss law applies exclusively, excluding the UN Sales Convention (CISG).
• Place of jurisdiction is the registered office of Genesit GmbH, unless mandatory legal provisions dictate otherwise.

14. B2B Provisions

• These provisions apply in addition to the other GTC for business customers, resellers, gastronomy businesses, and legal entities purchasing goods for resale or commercial use.

• After successful credit check by Genesit, resellers may order on account. Genesit reserves the right to conduct credit checks.

• Invoices are payable net within 30 days from the invoice date without deduction. The invoice date is decisive, regardless of the delivery date.

• In case of default, the following regulations apply:

  • Default occurs automatically 30 days after the invoice date.
  • Interest on arrears of 5% p.a. is due from the date of default according to Art. 104 CO.
  • Reminder procedure:
    • 1st reminder (30 days after due date): CHF 0
    • 2nd reminder (14 days after 1st reminder): CHF 30
    • 3rd reminder (14 days after 2nd reminder): CHF 50
  • The 3rd reminder explicitly announces the initiation of debt collection proceedings according to the Swiss Debt Enforcement and Bankruptcy Act (SchKG). If payment is still not made, collection proceedings will be initiated without further notice and may be handed over to a collection agency. All resulting costs, fees, and expenses shall be borne by the reseller.

• Shipping flat rate: CHF 10 per delivery plus the following surcharges:

  • Over 30 kg total weight: + CHF 30
  • Over 250 cm girth: + CHF 10
  • Over 120 cm package length: + CHF 10
  • Special transports, express shipping, or pallet deliveries will be quoted and charged separately.

• In case of payment default, Genesit reserves the right to withhold further deliveries.

• The reseller is obliged to store the products properly and comply with legal labeling and information obligations in resale. Genesit assumes no liability for damages caused by improper storage or further processing by the reseller.

15. Intellectual Property and Private Label L’Espresso

• The designation L’Espresso is a private label of Genesit GmbH. All rights to the brand, especially trademark, name, and logo rights, belong exclusively to Genesit GmbH unless otherwise expressly stated.

• Use of the L’Espresso brand by third parties is prohibited without prior written consent of Genesit GmbH.

• All content related to the L’Espresso private label, including:

  • Logos
  • Packaging design
  • Product design
  • Photographs
  • Graphics
  • Texts
  • Advertising materials
  • Online content
    are subject to copyright and are the property of Genesit GmbH. Any reproduction, modification, distribution, or public display is prohibited without explicit written permission.

• Resellers may use the L’Espresso brand exclusively for the resale of original products. The following are expressly prohibited:

  • Alteration or manipulation of the logo
  • Independent repackaging
  • Relabeling
  • Sale under own name (rebranding)
  • Use for own advertising purposes without permission

• Genesit reserves the right to take legal action in case of violations.

• Unauthorized use of the L’Espresso brand or similar marks that may cause confusion is prohibited. Genesit reserves the right to assert injunction claims, claim damages, or initiate criminal proceedings in case of trademark infringements.