Terms and Conditions

The German text is legally binding. This translation is for convenience.

These General Terms and Conditions (T&Cs) of SaisonBox GmbH were made available to the buyer before registration was completed.

1. Applicability and scope

SaisonBox GmbH, 9200 Gossau, brokers the sale of food between the consumer (hereinafter «buyer» or «customer») and the farm (hereinafter also «seller» or «producer»), whereby SaisonBox GmbH is authorized as agent to conclude the contracts. For this purpose SaisonBox GmbH provides a software solution including a customer app (www.app.saisonbox.ch).

The purchase contract is concluded between the buyer and the seller at the moment the buyer activates the «Subscription» / «Purchase» button in the app to green.

The T&Cs are accepted on first registration by means of a mandatory field.

SaisonBox GmbH reserves the right to change the T&Cs at any time. All changes take effect upon publication of the updated T&Cs on the website, of which all customers are informed by email.

Deliveries and services of SaisonBox GmbH are made exclusively on the basis of these T&Cs. They apply to all customer purchases.

By accepting the T&Cs, the buyer declares that they are authorized to conclude legally binding contracts and are at least 18 years of age.

2. Order process

The order process is structured as follows:

• The SaisonBox app is available in the app stores (Android, Apple).

• After download, a customer account is created. All fields except «Company» are mandatory:

• Email address and password

• First name and last name

• Company

• Address

• Postcode and place

• Telephone number

• Based on the postcode, the nearest producer location is determined and selected. If several locations are in the region, the nearest one is shown.

• Subscription configuration

• Selection of the vegetable box and / or fruit box

(Depending on the producer, a box does not necessarily have to be selected. In such a case a minimum order value is set and must be reached to activate the subscription.)

• Selection of the delivery rhythm

• Selection of the delivery method

• Clicking «Continue to overview» leads to the subscription overview.

• Extra products can be added to the list with one click. By default, extra products are delivered with every delivery as long as they are in season or available. A change to the delivery rhythm or delivery method can be made directly on the article or in the menu.

• Clicking «Subscription» at the top right activates the subscription and makes it chargeable.

• Activation or the subscription pause can, depending on the producer, be completed 1 to 2 days before dispatch. After that the ordered goods are packed at the producer and delivered and are therefore chargeable.

3. Delivery boxes (insulated boxes)

The boxes in which the ordered products are delivered are the property of the seller. The buyer is obliged to take care of the box provided. In the event of damage or heavy soiling, the seller reserves the right not to take back the empty box and to charge the buyer CHF 50.00.

All reusable packaging may be returned to the producer to protect the environment.

4. Availability and reservation of performance for vegetable/fruit boxes or extra products that cannot be supplied

All information about availability, shipping and delivery of a vegetable/fruit box or an extra product is provisional. It is kept up to date by the producer but does not constitute a binding commitment. Liability for unavailable products, for delivery or for delays in shipping is expressly excluded by the producers (section (sec.) 7).

Products are available as long as they are in season or stocks last. If a product can no longer be supplied, the producer marks it accordingly in the customer app. In that case no contract is concluded for the products that cannot be supplied.

To provide satisfactory delivery reliability for an extra product, the order must, as with the vegetable/fruit box, be entered in the customer app 1 to 2 days before the delivery date (the deadline differs by producer). For some extra products an order lead time of up to four days applies. This information is noted on the respective product.

A later order is delivered on the next following delivery date.

5. Delivery and delivery pause

The vegetable or fruit box is either delivered by the producer or can be collected by the customer directly at the farm.

5.1. Delivery by the producer

The amount of the delivery costs is shown in the customer app at the time of the order and invoiced together with the monthly statement. From an order value of CHF 100.00 per delivery, delivery costs are waived.

The seller is entitled to leave the goods with the buyer should the buyer not be at home at the time of delivery. If a special drop-off place at the delivery location is desired, it is to be noted under «Delivery note».

5.2. Delivery pause

The buyer can pause their subscription at any time, which also pauses the subsequent deliveries.

If a pause is set by the customer within 24h before delivery, the delivery is charged.

6. Supply of alcoholic beverages

When ordering alcoholic beverages, the customer is obliged to state their age truthfully. When handing over the ordered products, age may be checked on a sample basis. The supply of alcoholic beverages may be refused if age is not sufficiently proven. In such a case the costs for retained products are not refunded.

7. Transfer of risk and liability

In the case of delivery by the producer, risk passes to the buyer upon handover or upon depositing the goods at the address given by the buyer.

The seller is liable for the sound condition of the goods up to the agreed or stated drop-off place. Weight losses through natural shrinkage, storage and the like cannot be excluded and are not at the expense of the seller or SaisonBox GmbH.

8. Customer complaint

The buyer must inspect the delivered goods immediately after receipt for completeness or any defects.

Should the buyer not be satisfied with the delivery, they must contact the seller by email or telephone within 12 hours of receipt of the goods, stating customer number, name and address. Otherwise the goods are deemed sound and accepted by the buyer. Any warranty claims expire.

9. Method of payment, prices, collection

SaisonBox GmbH sends the customer by email a monthly statement of the ordered goods amount including delivery costs and value added tax. It is to be settled within the payment period stated on the invoice (30 days from invoice date) by payment slip, Twint, credit card or Paypal.

If a paper invoice is expressly requested, a fee of CHF 2.00 per invoice is charged.

The products and prices (in CHF and incl. any value added tax) correspond to those shown in the customer app. Individual producers have switched goods picking to gram-accurate billing, so the vegetable/fruit box price can vary by +/-5 percent.

By activating the subscription, the buyer agrees to the total price, including all ancillary and delivery costs, for the ordered products.

The producer reserves the right to adjust product prices at any time up to the end of the order lead time.

If payment is not made on time, SaisonBox GmbH charges its expenses and further costs associated with collection as well as the statutory default interest. Expense costs amount to CHF 20.00 from the second reminder. Should the initiation of debt enforcement proceedings be necessary, an additional processing fee of CHF 200.00 is charged.

10. Delivery stop in case of non-payment

If more than two invoices are outstanding, a delivery stop is applied until the outstanding amounts are settled.

11. Photos

All product photos are the property of SaisonBox GmbH. No product photos may be used commercially or non-commercially without the written consent of SaisonBox GmbH.

The placeholder images need not match the product delivered. Deviations are subject to nature.

12. Data protection

Data protection is set out in a separate declaration and must be accepted in addition to the T&Cs on registration. The document is available under Privacy.

13. Copyright

The information and content published on the website are protected by copyright and are the property of SaisonBox GmbH or the respective rights holder. Reproduction, editing, distribution or any other form of exploitation requires the prior written consent of the respective rights holder. SaisonBox GmbH and the corresponding rights holder expressly reserve all rights in this regard.

14. Severability clause

Should any provision of these T&Cs be or become unlawful, invalid or unenforceable for any reason, this does not affect the validity of the remaining provisions. Unless otherwise agreed, the ineffective provision is deemed replaced by an effective provision that as far as possible takes account of the economic purpose of the provision and the will of the parties at the time the contract was concluded. The same applies to any gaps in these T&Cs.

15. Applicable law and place of jurisdiction

These T&Cs, the contractual relationships based on them and any disputes are governed exclusively by substantive Swiss law.

The court at the registered office or domicile of one of the parties has jurisdiction for actions. SaisonBox GmbH Gossau, October 2022

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