AGB`s producer
These general terms and conditions (GTC) apply to all products, services and contracts with producers / suppliers offered by MOOD-for-FOOD. By using the services of MOOD-for-FOOD, the producer / supplier accepts the following conditions unchanged and in full.
I. Subject
1.1 MOOD-for-FOOD operates a sales platform for small producers of food. Producers / suppliers can use this platform to advertise and sell their products and services on the market.
These terms and conditions apply to contracts between MOOD-for-FOOD.ch and producers / suppliers, operated by MOOD-for-FOOD by Tom Bruppacher, Bergacher 7, 3045 Meikirch, tel: +41 31 558 20 21, email: mood-for- food@gmx.ch.
1.2 The subject of these terms and conditions is the use of services that MOOD-for-FOOD provides to producers / suppliers and consumers via the online platform www.MOOD-for-FOOD.ch.
1.3 The use of personal data is regulated in the data protection declaration. The data protection declaration is an integral and binding part of these terms and conditions.
II. Services
2.1 The conditions stipulated by MOOD-for-FOOD apply to all services. We can change the range of services at any time or stop providing the services.
2.2 MOOD-for-FOOD enables the sale of goods for the producer / supplier on behalf of the consumer via the platform. By ordering products, the consumer commissions MOOD-for-FOOD to process the online purchase process and collect the products ordered in the online shop. By purchasing a product, the consumer concludes a purchase contract with MOOD-for-FOOD.
2.3 When using services and products from MOOD-for-FOOD.ch, the producer / supplier accepts the applicable general terms and conditions and / or terms of use of this platform.
III. Conclusion of contract
3.1 Ordering products
3.1.1 The overview of the accessible products provided on the sales channels is only an invitation to the producer / supplier to submit an offer. The consumer makes his selection through the sales channel. With the confirmation of the order by MOOD-for-FOOD, the producer submits his binding offer to purchase the selected goods.
3.1.2 It is the sole responsibility of the consumer to place orders via the web shop (online order) or via the call center (hereinafter referred to as “telephone order”).
3.2 Registration
3.2.1 For an online order, the consumer must register in the web shop with his personal details, address and e-mail address. The buyer data is recorded and stored by MOOD-for-FOOD.
3.2.2 The consumer's personal details are only intended for order processing and are to be treated confidentially by the producer / supplier. They may not be passed on to third parties by the producer / supplier
3.3 Order confirmation
When ordering via the online shop or when the customer provides his customer data in the call center, the consumer receives an order confirmation by email after completing the order process. This expressly does not yet represent an acceptance of the offer by MOOD-for-FOOD.
3.4 Acceptance by MOOD-for-FOOD in the name and on behalf of the producer
The contract for the purchase of a product via the online shop between MOOD-for-FOOD and the producer / supplier is only concluded when the goods are sent, made accessible or handed over to the consumer.
3.5 Cooperation Agreement
With the signed product application and the placing of the products in the MOOD-for-FOOD online shop, a cooperation agreement exists between the producer / supplier and MOOD-for-FOOD. The producer / supplier accordingly accepts the terms and conditions and the formulated terms of cooperation.
IV. Delivery of the goods
4.1 General
4.1.1 The delivery or dispatch of the goods takes place to the postal address given by the consumer and usually has to take place within 24 hours of being forwarded to the producer / supplier. The dispatch is carried out by the producer / supplier himself in accordance with the packaging guidelines specified by MOOD-for-FOOD. In the event of delivery difficulties, partial deliveries can be made (without additional shipping costs). In this case, Mood-for-Food must be informed by the producer / supplier.
4.1.2 The producer / supplier is obliged to check the goods for defects before dispatch. MOOD-for-FOOD assumes no liability or responsibility in the event of inadequate delivery in terms of quantity and quality, or in the event of errors in packaging and addressing.
4.1.3 Benefit and risk are transferred to the producer / supplier at the time MOOD-for-FOOD is dispatched (Art. 74 Para. 2 No. 2 OR). The producer / supplier is responsible for the professional and technically perfect packaging and shipping of the goods. The replacement of damaged or lost goods by MOOD-for-FOOD is excluded, subject to Clauses 4.2.3, 4.3.3 and 11.3.
4.1.4 The producer / supplier acknowledges that it is in his own area of responsibility and risk to have all the technical facilities required for the recording and processing of orders by MOOD-for-FOOD.
V. No resale of customer data
Any trade in customer data, in particular for commercial or commercial purposes, is prohibited. Infringements can lead to exclusion and to claims for damages and profit distribution against the producer / supplier.
VI. Advertising and raffle
Without the express prior consent of the platform operator, the producer is prohibited from using logos, images or documents in his advertising and / or for raffles and publications.
VII. Prices
7.1 The prices for products accessible via the sales channels or shown or communicated there include VAT. The producer / supplier must include the sales commission due for MOOD-for-FOOD in the sales prices.
7.2 The sales price displayed in the web shop includes the product price of the producer / supplier including packaging and shipping costs. MOOD-for-FOOD does not charge any shipping costs in the shop and does not reimburse the producer / supplier.
VIII. Payment
8.1 Purchase in the online shop
When purchasing goods in the online shop, MOOD-for-FOOD, as the shop operator, determines the permitted payment methods and payment deadlines. MOOD-for-FOOD acts as a service platform on behalf of the producer / supplier and takes over the collection on behalf of the producer / supplier.
8.2 Remuneration for the service of MOOD-for-FOOD
The customer pays MOOD-for-FOOD in advance. After the shipment has been made, the producer MOOD-for-FOOD issues an invoice for the value of the shipped products. Unless otherwise agreed, the producer will be billed to MOOD-for-FOOD in a summarized monthly invoice for all goods ordered in the corresponding month. The margin on the products for MOOD-for-FOOD is 30% of the sales price, including packaging and including shipping costs.
IX. Returns, Refunds, Rewriting and Exchanges
The responsible contractual partner of the consumer for the mediated products and the services associated with the purchase is MOOD-for-FOOD. MOOD-for-FOOD alone decides on the possibility, the conditions and the processing of a return or refund or an exchange of purchased goods. We reserve the right to check customer complaints and, in the event of misconduct on the part of the producer / supplier, to exclude the respective producers from MOOD-for-FOOD.
X. Obligations of the producer
10.1 By using the services of MOOD-for-FOOD, the producer / supplier fully accepts these general terms and conditions and the specifications for the packaging and shipping of the goods ordered by MOOD-for-FOOD.
10.2 By concluding a contract with MOOD-for-FOOD and placing products in the online shop, the producer / supplier acknowledges that he is producing in a sustainable and environmentally friendly manner. In particular, he complies with the Federal Law on Food and Consumer Goods 817.0 (Food Law LMG).
10.3 The producer / supplier confirms upon acknowledgment that he does not infringe any copyrights or trademark rights with the products sold. The producer / supplier alone is responsible for the prior clarification of brand and product protection (copyright, licenses, etc.).
XI. Guarantee
11.1 MOOD-for-FOOD provides the services carefully and professionally within the framework of operational resources and the foreseeable requirements, provided that MOOD-for-FOOD is not prevented from doing so by circumstances that cannot be influenced.
11.2 The producer / supplier is aware that MOOD-for-FOOD provides the services via the Internet or using communication networks. Technical disruptions can impair or interrupt the provision of services by MOOD-for-FOOD. MOOD-for-FOOD therefore gives no guarantee for the uninterrupted availability and freedom from errors of its services.
XII. liability
12.1 In the event of breaches of contractual obligations from these terms and conditions, MOOD-for-FOOD is fully liable to the producer / supplier for direct and proven damage caused by MOOD-for-FOOD through unlawful intent or gross negligence.
12.2 Liability is expressly excluded for slight negligence, as well as for indirect damage or consequential damage. Consequential damage is in particular lost profit, damage to reputation and data loss as a result of temporary impairments or interruptions in the availability of services as well as the failure of sales channels, transmission errors, late delivery of orders, incorrect price or service information or other errors. MOOD-for-FOOD accepts no liability whatsoever for content on the websites of producers or other third parties that refer to prices or information in the MOOD-for-FOOD web shop.
12.3 MOOD-for-FOOD expressly rejects liability for risks of improper product declarations or incorrect quantities given by the producer / supplier. This responsibility rests solely with the producer / supplier himself.
12.4 MOOD-for-FOOD cannot check the completeness, correctness and legality of the products sent by the producer / supplier on behalf of MOOD-for-FOOD and assumes no responsibility for this. Responsibility for professional and appropriate packaging and correct shipping is also the sole responsibility of the producer / supplier.
12.5 MOOD-for-FOOD does not check whether the producer correctly or completely fulfills his performance obligations in connection with the consumer's order. The producer / supplier is solely liable for any defects, e.g. in the quality of products or the violation of the food law, but in no case MOOD-for-FOOD. This exclusion of liability also applies to quasi-contractual and non-contractual claims arising from the processing between producer and consumer.
12.6 The above exclusions and limitations of MOOD-for-FOOD's liability do not apply to culpable injury to life, body and health directly caused by MOOD-for-FOOD, as well as in the case of mandatory legal regulations, including the regulations of Product Liability Act.
XIII. Liability of the producer
13.1 The producer / supplier has unlimited liability towards MOOD-for-FOOD for direct and proven damage caused by illegal intent or gross negligence. The liability of the producer / supplier to MOOD-for-FOOD is excluded for slight negligence.
13.2 The producer / supplier is obliged to compensate MOOD-for-FOOD for any damage in connection with the unauthorized use or misuse of data, documents or images and / or expenses and damage resulting from the careless, unauthorized or improper use of customer data.
XIV. Intellectual property
The brand, the platform and the webshop as well as the entire content of MOOD-for-FOOD accessible via the webshops are the property of MOOD-for-FOOD and are subject to copyright. The reproduction, distribution, transmission (electronically or by other means), modification, linking or use of the content for public or commercial purposes is prohibited without the prior written consent of MOOD-for-FOOD.
XV. Final provisions
15.1 The place of performance for the services of MOOD-for-FOOD is the registered office of MOOD-for-FOOD.
15.2 MOOD-for-FOOD reserves the right to change these terms and conditions at any time. Changes will be made available on the MOOD-for-FOOD website and will come into effect when they are activated.
15.3 Should one or more provisions of these terms and conditions be or become wholly or partially ineffective or unenforceable, this shall not affect the effectiveness or enforceability of the remaining provisions of these terms and conditions. In this case, the parties will replace the invalid or unenforceable provision with an effective and enforceable provision that comes closest to the economic purpose of the provision to be replaced. The same applies mutatis mutandis in the event that these terms and conditions should contain a loophole.
15.4 Only Swiss law is applicable to these GTC and any disputes arising from or in connection with the relationship between MOOD-for-FOOD and the producer, excluding the conflict of laws provisions and the provisions of the UN Sales Convention (CISG).
15.5 The exclusive place of jurisdiction for all disputes between MOOD-for-FOOD and the producer is Bern. MOOD-for-FOOD is however entitled to prosecute the producer at his domicile.
Meikirch, 2021