Terms of service
This is a translation of our German Terms & Conditions. In case of any discrepancy, the German version shall prevail.
1 Scope
The following General Terms and Conditions (T&Cs) apply to all orders placed via our website. The offer on this website is aimed exclusively at consumers residing in Switzerland (hereinafter "customer").
A consumer is defined as a natural person who maintains a business relationship with Berryxcape that can be attributed neither to their commercial nor to their independent professional activity. Orders in quantities exceeding normal household needs may be rejected without justification.
Berryxcape reserves the right to amend these T&Cs at any time. The version of the T&Cs in force at the time of the order shall apply and cannot be unilaterally changed for that order. Conflicting or differing conditions from the customer are not recognised.
The operator of this website is Berryxcape.
2 Information on this website
Berryxcape provides information on products and services. Price and assortment changes as well as technical changes are reserved. All information on www.berryxcape.ch (product descriptions, images, illustrations, videos, dimensions, weights, technical specifications, accessory relationships and other information) is for illustration purposes and is to be understood as approximate values and is non-binding. In particular, they do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. Berryxcape endeavours to make all information on this website correct, complete, up-to-date and clearly arranged; however, Berryxcape cannot guarantee this either expressly or implicitly.
All offers on this website are non-binding and are not to be understood as binding offers.
Berryxcape cannot guarantee that the products listed are available at the time of the order. Therefore, all information regarding availability and delivery times is without warranty and may change at any time without notice.
3 Prices
The selling prices indicated on Berryxcape represent final prices and include, unless otherwise stated, statutory VAT and any other statutory levies such as advance recycling fees (ARF) or copyright levies on electronic devices. Prices are net in Swiss francs (CHF).
Any shipping costs are charged in addition unless otherwise provided and must be paid by the customer. Shipping costs are shown separately during the order process.
Technical changes, errors and printing errors are reserved; in particular, Berryxcape may make price changes at any time and without prior notice. The selling prices do not include consulting and support services.
4 Conclusion of contract
The products and prices on this website are considered non-binding offers.
By placing an order via this website including acceptance of these T&Cs, the customer submits a legally binding offer to conclude a contract. Berryxcape then sends an automatic order receipt confirmation by e-mail confirming that the customer's offer has been received by Berryxcape. Orders placed are binding on the customer. Unless otherwise stated, there is no right of return or withdrawal.
The contract is concluded as soon as Berryxcape sends a declaration of acceptance by e-mail confirming the dispatch of the ordered products or services.
Orders will only be delivered after full receipt of payment (exception: delivery on invoice) and provided the goods are available. If it turns out that the ordered goods cannot be delivered or cannot be delivered in full, Berryxcape is entitled not to accept the order or to accept it only partially. In such a case, Berryxcape will inform the customer by e-mail. If the customer's payment has already been received by Berryxcape, the payment will be refunded to the customer. If no payment has yet been made, the customer will be released from the obligation to pay.
5 Payment methods and retention of title
The customer has access to the payment methods indicated during the order process.
Berryxcape reserves the right to exclude customers from individual payment methods without giving reasons or to insist on payment in advance.
In the event of late payment by the customer, Berryxcape may charge default interest of 5% per year and a reminder fee of up to CHF 20.- per reminder.
The products delivered to the customer remain the property of Berryxcape until full payment has been received.
6 Delivery, duty to inspect, notice of defects and returns
Deliveries are dispatched by post or courier service to the address provided by the customer in the order.
Berryxcape strives to meet the shortest possible delivery times. However, any delivery times specified in the order confirmation are non-binding. Berryxcape is entitled to make partial deliveries. In this case, the shipping costs will only be charged to the customer once.
If delivery by invoice is offered, the invoice will be sent at Berryxcape's choice by e-mail or by post.
If the delivery cannot be made or if the customer refuses to accept the delivery, Berryxcape may terminate the contract after notification by e-mail to the customer and after granting a reasonable additional period, and charge the customer for the costs incurred.
The customer is obliged to inspect the delivered goods immediately upon receipt of the delivery and to report any defects for which Berryxcape provides warranty in writing without delay by letter or e-mail to the address indicated in the Legal Notice.
Returns to Berryxcape are at the customer's expense and risk. The customer must send the goods in original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the return address provided by Berryxcape Legal Notice.
If Berryxcape's inspection reveals that the goods have no detectable defects or that these are not covered by the manufacturer's warranty, Berryxcape may charge the customer for the costs incurred, the return shipment or any disposal.
As our product is a hygiene article, it cannot be returned after opening or use. To enable a return, the items must be unused and in their original, unopened packaging. We only accept completely new and unused goods that are returned within 14 days of purchase.
7 Right of withdrawal
The customer is granted a right of withdrawal within 14 calendar days of receipt of the goods. The deadline is deemed to have been met if the customer sends the written withdrawal by e-mail or letter (address as per Legal Notice) to Berryxcape within the deadline. The withdrawal does not require any justification.
The exercise of the right of withdrawal leads to a reversal of the contract. The customer must return the goods within 10 calendar days in their original packaging, complete with all accessories and together with the delivery note to the return address provided by Berryxcape in the Legal Notice. Returns to Berryxcape are at the customer's expense and risk. Any payment already made will be refunded to the customer within 20 calendar days, provided Berryxcape has already received the goods back or the customer can provide proof of shipment.
Berryxcape reserves the right to demand reasonable compensation for damage, excessive wear or loss of value due to improper handling, and to deduct the loss of value from the purchase price already paid or to charge it to the customer.
No right of withdrawal is granted in the following cases:
If the contract has a random element, in particular because the price is subject to fluctuations over which the provider has no influence;
If the contract concerns a movable object that, due to its nature, is not suitable for return or can spoil quickly;
If the contract concerns a movable object that is manufactured according to the customer's specifications or is clearly tailored to personal needs;
If the contract concerns digital content and this content is not provided on a fixed data carrier, or if the contract is to be fulfilled in full immediately by both contracting parties;
If the contract concerns a service and the contract is to be performed in full by the provider with the prior express consent of the customer before the withdrawal period has expired.
In the areas of accommodation, transport, supply of food and beverages and leisure activities, if the provider undertakes at the conclusion of the contract to provide the services at a specific time or within a precisely specified period.
8 Warranty
Berryxcape endeavours to deliver goods in perfect quality. In the event of defects reported in good time, Berryxcape provides a warranty for the absence of defects and the functionality of the item purchased by the customer during the statutory warranty period of generally one year from the date of delivery. It is at Berryxcape's discretion to provide the warranty through free repair, equivalent replacement or refund of the purchase price. Further warranty rights are excluded.
The warranty does not cover normal wear and tear or the consequences of improper handling or damage by the customer or third parties, as well as defects attributable to external circumstances. The warranty for consumables and wearing parts (e.g. batteries, rechargeable batteries, etc.) is also excluded.
Berryxcape is unable to provide assurances or guarantees as to the timeliness, completeness and correctness of the data or the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and other content. In particular, no assurance or guarantee is given that the use of the website will not infringe the rights of third parties that are not in the possession of Berryxcape.
9 Liability
Berryxcape excludes any liability, regardless of its legal basis, as well as claims for damages against Berryxcape and against any agents and vicarious agents. In particular, Berryxcape is not liable for indirect damages and consequential damages, lost profits or other personal, material and purely financial damages of the customer. Further mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.
Berryxcape uses hyperlinks only for the simplified access of the customer to other web offers. Berryxcape can neither know the content of these web offers in detail nor accept any liability or other responsibility for the content of these websites.
10 Data protection
Berryxcape may process and use the data recorded when concluding the contract to fulfil the obligations arising from the purchase contract and use them for marketing purposes. The data necessary for the performance of the service may also be passed on to commissioned service partners (logistics partners) or other third parties.
The data protection provisions can be found in detail at the following link: Privacy Policy
11 Severability
If individual provisions of these T&Cs prove to be invalid or unenforceable or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
12 Further provisions
Berryxcape expressly reserves the right to amend these T&Cs at any time and to bring them into force without prior notice.
In the event of disputes, exclusively Swiss substantive law applies, excluding conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is Zurich or the place of residence of the consumer.
13 Contact
If you have any questions about these T&Cs, please contact us at:
Berryxcape.chOberdorfstrasse 11
8153 Rümlang
Switzerland
info@berryxcape.ch
(Version 01.02.2023)