These General Terms and Conditions apply exclusively to legal transactions between Familie Wiesner Gastronomie (hereinafter referred to as FWG) and the customer in the context of the processing of orders and the booking of cooking courses via the online services available from FWG (www.pokenation.ch) as well as all order websites of the individual restaurants of FWG). FWG provides these services exclusively on the basis of these General Terms and Conditions.

2. AVAILABILITY

Although FWG strives to offer the highest possible availability of the service according to the state of the art, it is not possible to guarantee this availability at certain times. FWG is not liable for the availability of the ordering services at all times.

3. CHANGE OF THE OFFER

FWG reserves the right to modify, interrupt or discontinue the services offered, temporarily or permanently, with or without notice to the customer. FWG shall not be liable to the customer for the modification, interruption or discontinuation of the service.

4. LEFT

The Internet pages of FWG may contain links to other, third-party Internet pages or third-party sources. FWG has no control over the availability or content of these websites or sources and is therefore not liable for any consequences of a visit to the respective sites.

5. CONTRACT (CONCLUSION, CANCELLATION, PERFORMANCE)

From the moment the customer places the order on the respective order page, the contract shall be deemed to have been concluded.

Cancellations of delivery orders by the customer are only permissible if they are made immediately by telephone to the respective branch and FWG can reach the courier in time before the start of the delivery. If FWG cannot reach the courier in time, a partial amount of the order will be charged.

The contract can only be fulfilled if the customer has entered true, current and complete personal data on the order form in advance. The customer shall report any errors in the entry to FWG immediately after placing the order. The personal data shall include information on how the customer can be reached during the delivery of the order. The customer is obliged to be present at the time of delivery if he has chosen the delivery option "delivery at the door". If this is not the case and if it is not possible for the courier to reach the customer with the help of the information provided, the courier is entitled to deposit the delivery - if possible - in the relevant letterbox or to take it away again. The same applies in the event that the customer does not pay for the delivery. FWG shall not be liable for any loss or damage that may result from this. In case of wrong orders (e.g. wrong or incomplete delivery information or absence at the time of delivery), the full amount of the order will be charged.

The law prohibits the sale and free distribution of: -
wine, beer and cider to minors under 16 years of age
- spirits, alcopops and tobacco products to minors under 18 years of age
Failure to comply with the law is punishable by a fine. When delivering/collecting the order, the restaurant, or courier, may ask for identification if the order contains alcoholic products or other products with an age limit. If the customer cannot provide adequate identification or does not meet the minimum age requirements, the restaurant or courier may refuse to deliver the relevant products to the customer and charge the customer cancellation costs (including the order amount).

FWG is also entitled to exclude persons from the online ordering service in the future who do not comply with the obligations required here during the ordering process.

6. VOUCHERS

Cancellations of purchases of a voucher on the respective website must be made no later than 3 p.m. on the respective working day (or, in the case of purchases after 3 p.m., by 3 p.m. on the following working day) by calling 044 510 50 00, otherwise the order will be deemed to have been fulfilled in accordance with the contract. There is never a right of return on vouchers that have already been dispatched.

7. SUSHI COURSES

Registration for Sushi courses is binding. In the event of cancellation less than 7 days before the start of the course, 50% of the course fees will be charged, unless the course place can be occupied by another participant. In the event of an unexcused absence or cancellation on the day of the course or after the closing of the venue on the previous day, 100% of the course fees must be paid. The course management is entitled to cancel a course if there are insufficient participants or for other important reasons.

8. DATA PROTECTION

The processing of personal data of the customer is regulated in the privacy policy accessible online.

9 WARRANTY, LIABILITY

FWG shall not be liable for the performance of the contract in case of force majeure such as, in particular, breakdown of telephone lines or internet lines, official measures, power failure etc.. FWG shall also not be liable in case of unforeseeable failure of means of transport or other unforeseeable events. This shall also apply if the aforementioned events occur at a vicarious agent of FWG. In such cases, FWG shall endeavour to contact the customer and to remedy the respective obstacles, if possible. If a timely delivery is not possible for FWG for one of the aforementioned reasons, both parties shall be released from the performance obligations.

FWG's restaurants use ingredients and additives for food and drinks that may trigger allergies and intolerances under certain circumstances. It is the customer's responsibility to inform themselves about the respective ingredients and to contact the respective restaurant in case of doubt.

Complaints must be reported to FWG immediately after arrival of the delivery, but at the latest by 6 p.m. of the next working day, otherwise the performance shall be deemed to be in accordance with the contract. In case of a correct complaint and proof of a defect, FWG has the choice to either reduce the costs for the purchased food and beverages or to issue a free order voucher (in an appropriate amount) to the customer. Other warranty claims are excluded. Liability is assumed for direct damage, provided that there is fault. Liability for indirect damage (so-called consequential damage) shall only exist in the case of intentional or grossly negligent conduct.

10. REDEMPTION OF DISCOUNTS AND VOUCHER CODES

Discount promotions allow you to purchase products at lower prices. Voucher codes and other discount promotions have a limited validity, a minimum order value and other conditions which result from the respective voucher code. For details, please refer to the description and conditions of the individual voucher code. Voucher codes cannot be combined with other promotions. Only one voucher can be redeemed per purchase. In case of misuse of discount promotions or voucher codes, e.g. with the misuse of e-mail addresses, which serve to impersonate other natural persons, FWG reserves the right to take legal action. In particular, persons may be excluded from ordering services in the future.

11. ORDERS IN RETURNABLE TABLEWARE

By ordering reusable dishes, the customer helps the environment. Therefore, we do not charge a deposit, but the reusable tableware must be returned within 14 days of the order, otherwise the rental of the tableware turns into a purchase transaction and CHF 11.90 per reusable tableware will be charged. FWG is not obliged to take back any tableware offered for return after this period. Each customer will receive a reminder by e-mail well in advance of the 14-day period. By purchasing reusable dishes, the customer agrees to the conversion into a purchase transaction and thus to payment of the purchase price if the dishes are not returned on time.

12. DEBTOR CONDITIONS

The debtor invoice is due for payment within 30 days of the invoice date. In the event of non-payment, the customer shall automatically be in default and the interest on arrears pursuant to Art. 104 of the Swiss Code of Obligations shall be charged from that date. The following fees will be charged additionally for collection management:

Payment reminder: none

• Reminder: + CHF 20.00
• Reminder: + CHF 20.00
• Enforcement: + CHF 100.00 (flat fee for internal costs) + all external enforcement costs

If the bill is sent to a company and a tip is given on this form, the guest confirms that he/she is authorised to tip the company according to the company's internal policy. If the company does not accept the tips, the guest confirms that he/she will transfer them privately within 30 days to:

IBAN: CH65 0078 7785 3004 8367 0
Beneficiary: Familie Wiesner Gastronomie AG, 8610 Dübendorf
Bank: Zuger Kantonalbank, 6343 Zug
SWIFT: KBZGCH22XXX

The same dunning management conditions apply to the tips as to the debtor invoice itself.

13 APPLICABLE LAW, PLACE OF JURISDICTION

All legal transactions shall be governed by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention SR 0.221.211. In fully commercial legal transactions, the place of jurisdiction shall be Aarau.

 

Dübendorf, 13.12.2023

 

This text has been translated automatically. You can find our original terms and conditions here