General terms and conditions

1. General information

These General Terms and Conditions are applicable exclusively to legal transactions between Dieci AG and the pizza courier responsible for the relevant delivery area (referred to below as "Dieci") on the one hand, and their customers on the other hand, in connection with the placement of purchase orders via the www.dieci.ch website. Dieci provides the services offered at dieci.ch (referred to below as the "dieci.ch online order service") exclusively on the basis of these General Terms and Conditions (referred to below as the "GTC").

 

By placing the purchase order, the customer confirms that he/she has read and understood the GTC and has accepted said GTC without reservations.

 

Dieci may amend the GTC at any time. The applicable version of the GTC is that version which was published on dieci.ch at the time of the purchase order.

 

2. Business activities and content of the dieci.ch online order service

The dieci.ch online order service is an online order service for the food and beverages available from Dieci. The service is only offered for deliveries in Switzerland.

 

The dieci.ch online order service is an additional sales channel that represents Dieci's range. Dieci reserves the right for the range on the dieci.ch website to differ from the range offered by Dieci through other ordering channels. Restrictions to the online order service are reserved at all times.

 

3. Purchase order and delivery

The customer's purchase order is placed online at the dieci.ch website. By placing the purchase order, the customer submits a binding and definitive offer to purchase the selected products subject to the conditions stated. Dieci confirms acceptance of the purchase order via email. It is possible for Dieci to refuse delivery without reasons.

 

The minimum order value stated on the dieci.ch website for the respective delivery area is applicable. If the ordered products do not reach this minimum order value, a supplement is automatically charged, equal to the amount of the difference between the price of the ordered products and the minimum order value.

 

For the purposes of delivery by our delivery service, the address and telephone number of the party placing the order are recorded together with the purchase order.

 

The customer's delivery address must be located in Switzerland.

 

All deliveries are made to the address as stated by the customer.

 

Dieci endeavours to adhere to delivery times. The stated delivery time is always understood to be a non-binding time for guidance purposes. There is no guarantee that it will be possible to comply with the stated delivery time. Dieci accepts no liability for failure to comply with delivery times. As a general rule, a delayed delivery does not entitle the customer to cancel the purchase order, nor to full or partial reimbursement of the purchase price.

 

If a purchase order cannot be executed, or can only be executed with difficulty, due to reasons for which Dieci is not responsible (e.g. incorrect order address, customer's absence, etc.), Dieci may exonerate itself from the obligation to deliver unless the customer immediately provides the additional information. The customer is not entitled to a new delivery or to compensation for damages.

 

Due to the short delivery times and the perishable nature of the products, purchase orders can neither be amended nor cancelled, and delivered products cannot be taken back or exchanged.

 

4. Prices and payment

The applicable prices are those stated on dieci.ch and/or in the online shop at the time of the purchase order. The prices are understood to be in Swiss francs, inclusive of delivery costs and value added tax.

 

Payment is made by the customer by means of a debit card, credit card or via TWINT on dieci.ch, or in cash at the time of delivery. Payment on account is only possible if an agreement to this effect is made in advance.

 

5. Protection of young persons

Sale of alcoholic beverages: beer, wine and cider: age 16 or above; spirits, aperitifs, alcopops: age 18 or above.
By placing a purchase order on dieci.ch, the customer acknowledges this and confirms that he/she is at least 18 years old, and is therefore entitled to purchase alcoholic beverages.

 

When delivering the purchase order, Dieci may request identification if the purchase order includes alcoholic products. If the customer cannot present adequate identification or if he/she does not meet the minimum age requirement, Dieci may refuse to deliver the relevant products to the customer and may cancel this part of the delivery. All claims in this regard on the part of the customer are excluded.

 

6. Due diligence obligation of the customer

The customer undertakes to provide truthful, precise, current and complete information regarding his/her personal identity and the delivery address on the order form. Dieci excludes all liability for losses and damage arising from failure to fulfill these obligations.

 

Dieci reserves the right to verify the information by taking appropriate actions and, in the event of failure to comply with the GTC, to exclude individuals from the online order service.

 

7. Availability and modification of the dieci.ch website
Although Dieci endeavours, as far as technology allows, to offer the highest possible availability of the dieci.ch website and consequently of the dieci.ch online order service, availability at all times cannot be guaranteed.

 

Dieci reserves the right to modify, interrupt or suspend the dieci.ch online order service that is offered, either temporarily or permanently, and either with or without notification to customers. Dieci is not liable to the customer in respect of any modification, interruption or suspension of the service.

 

8. Links

The dieci.ch website may contain links to other third-party internet pages or third-party sources. Dieci has no means of control over these internet pages or sources with regard to availability or content. For this reason, Dieci excludes any and all responsibility for the content of such internet pages or sources.

 

9. Guarantee and liability

The customer explicitly agrees that the use of the dieci.ch online order service made available on dieci.ch takes place at the customer's own risk. In particular, Dieci may use ingredients and additives that can trigger allergies and intolerances. If you have an allergic reaction to food, we advise you to contact Dieci by telephone in order to obtain information about current allergens before you place a purchase order.

 

Dieci accepts no liability in cases of force majeure, including in particular the failure of telephone lines or internet connections, industrial actions, actions by public authorities, unforeseeable failure of transport or power, pandemics, or other unavoidable events. This shall also apply if a vicarious agent of Dieci is subject to the aforementioned events.

 

In general, Dieci is not liable for delayed or incorrect deliveries.

 

10. Data privacy

Dieci draws the customer's attention to the fact that personal data is collected and processed in connection with the performance of the contract and for marketing purposes (see also: clause 3.3). By accepting these GTC, the customer agrees that the collected data may be processed and used by Dieci. In other respects, the processing of personal data is governed by the provisions of the Data Privacy Statement.

 

11. Applicable law and place of jurisdiction

All legal transactions are governed exclusively by Swiss law to the exclusion of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods) and standard conflict-of-law resolutions.

 

The sole place of jurisdiction is the court of territorial jurisdiction at the location of the registered office of Dieci AG (Rapperswil-Jona).