AGB

scope

For the use of this website as well as the business relations between <massgekocht.>, <Hardturmstrasse 161, 8005 Zürich> and their customers, the following General Terms and Conditions (GTC) apply in the current and valid version available at the time the website is accessed or when goods are ordered. The offer on this website is aimed exclusively at customers resident in Switzerland.

Every natural and legal person who cultivates business relations with <massgekocht.> is referred to as a customer. The general terms and conditions, the terms of delivery and payment as well as the data protection regulations may be amended from time to time. < massgekocht.> asks you to read these terms carefully every time you visit the website and every time you order goods.

These General Terms and Conditions apply exclusively. Conflicting, supplementary or deviating terms and conditions must be expressly confirmed in writing by <massgekocht> in order to be valid. The customer confirms with the use of this web page and/or with a goods order these AGB including delivery and payment conditions to accept comprehensively.

Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The operator of this website is <massgekocht.> (>Link Imprint).

<massgekocht.> lists menus on the website which the customer can order products. After receipt of the order of a product with the purchase contract between the customer and the massgekocht arises.

In case of delays or other problems with the order, the customer can contact the Customer Care Team by clicking on the „Contact“ button and calling the Customer Care Team on the telephone number listed on the website.

Information on this website

<massgekocht.> contains information about products and services. Price and assortment changes as well as technical changes remain reserved. All details on <www.massgekocht.ch> (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other details) are to be understood only as approximate values and in particular do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. <massgekocht.> makes every effort to provide all information and data on this website in a correct, complete, up-to-date and clear manner, but <massgekocht.> cannot guarantee this either expressly or tacitly.

All offers on this website are non-binding and are not to be understood as a binding offer. <massgekocht.> cannot guarantee that the products listed are available at the time of ordering. Therefore, all information on availability and delivery times are without guarantee and may change at any time and without notice.

 

Prices and Delivery

Unless otherwise indicated, the prices quoted are <massgekocht.> and include statutory value-added tax, any advance recycling fees (VRG) and copyright levies on electronic appliances. The prices are net prices in Swiss francs (CHF).

If a „promotional code“ recognised by the website is entered, a discount may be applied to the total price.

All orders must be paid for with a credit card or debit card approved by the website or in cash upon receipt of the order.

Upon receipt of the order, <custom cooked.> will send the customer confirmation by email that the order is being processed. If a payment is not accepted, the customer will be returned to the previous page. In this case, the customer is not obliged to process the order further.

Possible forwarding expenses are, if not differently intended, additionally charged and are to be paid by the customer. Shipping costs are shown separately in the order process.

Technical changes, errors and misprints remain reserved, in particular <massgekocht.>

Price changes at any time and without prior notice. The sales prices do not include any consulting and

Support services included.

 

conclusion of a contract

The offers on this website represent a non-binding invitation to the customer to order products and/or services from <massgekocht.>. By placing an order via this website, including acceptance of these GTC, the customer makes a legally binding offer to conclude a contract. <massgekocht.> then sends an automatic „order confirmation“ by email, which confirms that the customer’s offer has been received at <massgekocht.>. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.

The contract is concluded as soon as <massgekocht.> sends a declaration of acceptance by email, in which the dispatch of the ordered products or services is confirmed.

Orders will only be delivered after complete receipt of payment (exception: delivery against invoice) and if the goods are available. If, after the conclusion of the contract, it turns out that the ordered goods cannot be delivered or cannot be delivered in full, <massgekocht.> is entitled to withdraw from the entire contract or from one part of the contract. If the customer’s payment has already been received by <massgekocht.>, 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. In the event of termination of the contract, the customer shall not be obliged to make a replacement delivery.

 

Payment options and retention of title

The customer has access to the payment options indicated in the order process.

<massgekocht.> reserves the right to exclude customers from individual payment options without giving reasons or to insist on prepayment.

<massgekocht.> can charge default interest of 5% per year as well as a maximum reminder fee of CHF 20.00 per reminder in case of default of payment by the customer.

The products delivered to the customer remain the property of <massgekocht.> until full payment has been made.

Delivery, inspection obligation, notification of defects and return shipment

 

contractual services

<massgekocht.> always strives for the complete and timely delivery of the purchases made by the customer. The time of delivery is not guaranteed by <massgekocht.> in any case. This refers in particular to the delivery time which is selected and displayed during the ordering process via the Internet portals. The delivery time is always understood as a non-binding guide time. A late delivery does not entitle the customer in no case to withdraw from the purchase contract received nor to a full or partial refund of the purchase price. In case of an incomplete delivery, <massgekocht.> has the right to issue the customer with a credit note for the value of the shortfall or to complete the delivery by means of a subsequent delivery.

Deliveries will be sent by post or courier to the address indicated by the customer in the order. The invoice will be sent by email or by post. With the dispatch benefit and risk are transferred to the customer, as far as this is legally permissible.

If the delivery is not deliverable or if the customer refuses to accept the delivery, <massgekocht.> may dissolve the contract after notification of a complaint by email to the customer and setting a reasonable deadline and charge the costs for the activities.

The customer is obliged to inspect the delivered goods immediately after receipt of the delivery and any defects for which <massgekocht.> warranty, immediately in writing by letter or email to the address in the (>Imprint) notice.

Returns to <massgekocht> are at the expense and risk of the customer. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the return address indicated by <massgekocht.> in the (>Imprint).

If the inspection by <massgekocht.> shows that the goods have no detectable defects or that these do not fall under the manufacturer’s warranty, <massgekocht.> may charge the customer for the activities, the return or any disposal.

 

Customer’s duty of care

The customer undertakes to provide truthful, accurate, current and complete information about himself and the delivery address on the order form. <massgekocht.> excludes any liability for losses and damages resulting from the non-fulfilment of this obligation. <massgekocht.> reserves the right to verify this information by telephone recall or similar appropriate measure.

payment

Payment by the customer is made by credit card via the Internet portals of <massgekocht.> or in cash at the time of delivery. Payments by credit card are secured by the security guidelines of SIX Card Solutions AG. The holder of the credit card must present it upon delivery. Upon request, RK shall check the delivery to legal entities against invoice without obligation.

Data protection

<massgekocht.> is entitled to store the data required for the fulfilment of the contractual purposes. <massgekocht.> maintains its own database and does not pass on any data for use by third parties for marketing purposes. The customer can object to the use of his data at any time.

 

Google Analytics Privacy policy

This website uses Google™ Analytics, a web analytics service provided by Google Inc. „(„Google“). Google Analytics uses „cookies“, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Under no circumstances will Google associate your IP address with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. The Google Analytics deactivation add-on for browsers gives the website visitor more control over which data is collected by Google Analytics. If you do not wish your data to be stored, please install the deactivation tool provided by Google under http://tools.google.com/dlpage/gaoptout?hl=en.

We also use Google Analytics to evaluate data from AdWords and the double-click cookie for statistical purposes. If you do not wish this to happen, you can deactivate it using the Ad Preferences Manager (http://www.google.com/settings/ads/onweb/?hl=en).

You can find further information on this at http://tools.google.com/dlpage/gaoptout?hl=de or at https://www.google.de/intl/de/policies/ (general information on Google Analytics and data protection). We would like to point out that on this website Google Analytics has been extended by the code „gat._anonymizeIp();“ in order to guarantee an anonymous recording of IP addresses (so-called IP masking).

As an alternative to the browser add-on or within browsers on mobile devices, please click this link to deactivate Google Analytics to prevent Google Analytics from collecting IP addresses from this website in the future (the opt-out only works in this browser and only for this domain). An opt-out cookie will be placed on your device. If you delete your cookies in this browser, you must click this link again.

 

Registered Trademarks, Copyright

property

It’s mass-cooked. Logo and the words ‚Yes we eat healthy, no we are not on a diet‘ are registered trademarks of massgekocht. and may only be used with the prior consent of massgekocht.

The content and the software of the internet portals can be used as a means of information, as a basis for purchasing or for both purposes. Any other use, including reproduction, modification, distribution, transmission, republication, reproduction or improvement of the content of these Internet portals is strictly prohibited.

This website and the content published on it (including photographs and graphic content) are protected worldwide by copyright and other proprietary rights, which belong to <massgekocht.> and its licensees. The contents of the website may only be used for the purpose intended on the website. Any other use of the contents is prohibited.

 

right of withdrawal

The customer is granted a right of withdrawal for 10 calendar days after receipt of the goods. The deadline is deemed to have been met if the customer sends the written revocation by e-mail (>address) or letter (>address) within the deadline to <massgekocht.>. The revocation 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 indicated by <massgekocht.> in the (>Imprint). Returns to <massgekocht.> are at the expense and risk of the customer. Any payment already made will be refunded to the customer within 20 calendar days if <massgekocht.> has already received the goods back or the customer can provide proof of shipment.

<massgekocht.> reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer.

In the following cases, no right of revocation is granted:

If the contract has a random element, namely because the price is subject to fluctuations over which the supplier has no control.
If the contract concerns a movable item which, by its nature, is not suitable for return or is liable to deteriorate rapidly;
If the subject matter of the contract is a movable item made to the consumer’s specifications or clearly tailored to personal needs;
If the subject of the contract is digital content and this content is not made available on a fixed data carrier or if the contract is to be fulfilled in full immediately by both parties to the contract;
If the subject of the contract is a service and the contract is to be fully performed by the provider with the prior express consent of the consumer before the withdrawal period has expired.
In the areas of accommodation, transport, delivery of food and beverages and leisure activities, if the provider undertakes to provide the services at a specific point in time or within a specified period when the contract is concluded.

 

Warranty

<massgekocht.> endeavours to deliver goods of impeccable quality. In the case of defects notified in good time, <massgekocht.> assumes the warranty for the freedom from defects and operability of the item purchased by the customer during the statutory warranty period of generally two years from the date of delivery. It is at the discretion of <massgekocht.> to provide the warranty by free repair, equivalent replacement or by reimbursement of the purchase price. Further claims 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 or defects attributable to external circumstances. The warranty for consumable and wear parts (e.g. batteries, accumulators, etc.) is also excluded. It is not possible to give assurances or guarantees for the topicality, completeness and correctness of the data as well as for the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and further contents. In particular, it is neither assured nor guaranteed that the use of the website does not infringe any rights of third parties that are not in the possession of <massgekocht.>.

 

Liability

<massgekocht.> excludes any liability, regardless of its legal basis, as well as claims for damages against <massgekocht.> and any auxiliary persons and vicarious agents. In particular, the customer shall not be liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage or pure financial loss of the customer. Further mandatory legal liability is reserved, for example for gross negligence or unlawful intent.

<massgekocht.> uses hyperlinks only for the simplified access of the customer to other web offers. <massgekocht.> can neither know the content of these websites in detail, nor assume liability or other responsibility for the content of these websites.

 

Data protection

<massgekocht.> may process and use the data recorded within the framework of the conclusion of the contract for the fulfilment of the obligations from the purchase contract as well as pass on data for use by third parties for marketing purposes. The data necessary for the fulfilment of the service can also be passed on to commissioned service partners (logistics partners) or other third parties.

 

Other provisions

<massgekocht.> expressly reserves the right to change these General Terms and Conditions at any time and to put them into effect without notice.

In the event of disputes, only substantive Swiss law shall apply to the exclusion of conflict of laws provisions.

Standards for application. The UN Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded.

The place of jurisdiction shall be <Zurich>, unless the law provides for mandatory places of jurisdiction.

Contact us

If you have any questions about these terms and conditions, please contact us.

(Version <07 May 2017>)