General Terms and Conditions of Sale

General Terms and Conditions of Sale
MAISON CAILLER Switzerland

1.         Scope of application of the Terms and Conditions of Sale

1.1        All orders placed with Nestlé Suisse S.A. for MAISON CAILLER products ("MAISON CAILLER") are governed by these Terms and Conditions of Sale, to the exclusion of all other conditions. By placing an order you acknowledge that you have read, understood and accepted these conditions without reserve.

1.2        By using the site www.maisoncailler.com ("the/our Site") you agree to be subject to our Terms of Use and our Privacy Policy. MAISON CAILLER encourages you to read them carefully before using the services provided on our Site.

1.3        MAISON CAILLER reserves the right to modify these Terms and Conditions of Sale at any time by posting a new version on the Site. By placing an order after MAISON CAILLER has posted a new version of its Terms and Conditions of Sale, you agree to be bound by that updated version.

2.    Registration

2.1    During the order process on the Site you can register and open a personal account. Equally, you can place an order without creating an account; in this case the data provided will be used solely for the execution of the order itself. Whatever order method is used, you are responsible for ensuring the accuracy and completeness of the data provided.

If you open a personal account, you agree to update your information as soon as possible in case of a change of address or other changes. Orders can only be made by persons aged 18 years or older.

You must keep the password chosen during registration strictly confidential. Do not disclose it to any third party. You assume full responsibility for the use of your password and for all orders placed with it, even those made without your knowledge.
You can always request not to be sent advertising material from MAISON CAILLER by sending an e-mail to Conciergerie.Service@maisoncailler.com or a letter to Nestlé Suisse S.A., MAISON CAILLER, You and Us, Rue Jules Bellet, CH-1636 Broc.

3.    Orders

3.1     Orders can be placed via the Internet site www.maisoncailler.com . By ordering you agree to buy your selected products in accordance with these Terms and Conditions of Sale. For each order a confirmation e-mail will be sent. Before you receive written confirmation from  MAISON CAILLER, orders placed over the Internet do not form a binding contract for MAISON CAILLER. All orders confirmed by you cannot be changed or cancelled.

3.2     The sale of ‘carreaux’, our chocolate tablets, is made by tray (one tray contains two tablets). The minimum quantity per order is one box composed of at least one full tray. The maximum number of trays per box is 5.

3.3     Orders containing a large number of boxes will be designated for attention. MAISON CAILLER will call the consumer.

3.4     MAISON CAILLER offers its products for sale within the limits of available stock. If a product is not available, you will be notified.

3.5     MAISON CAILLER reserves the right to refuse an order, especially in case of payments being refused by the bank.

4.    Delivery

4.1     MAISON CAILLER strives to ensure that deliveries to your chosen address in Switzerland or Liechtenstein are made on the date chosen on the Site. MAISON CAILLER undertakes every effort to ensure delivery by the date requested when ordering. MAISON CAILLER cannot guarantee the accuracy of the delivery date when the date chosen is a cantonal public holiday.

4.1.1     In cases where a ChocoTasteur gift is bought, the delivery date chosen is that of the initial tasting box.

4.2     The risk of loss and deterioration of the goods passes to you upon delivery of the goods to  Swiss Post.

4.3     No delivery can be made outside Switzerland or Liechtenstein.

4.4     The delivery charges are billed at the current rate, as indicated on the Site at the time of the order.

5.    Verification of goods

5.1    It is your responsibility to verify the quantity and condition of the goods upon delivery. In cases of missing or damaged goods, MAISON CAILLER and Swiss Post must be notified in writing within seven days after delivery (you must keep the product, invoice and delivery note).

6.     Price

6.1     The prices payable for the goods you order are those published on the Site www.maisoncailler.com on the date your order is placed. Prices include VAT but exclude delivery charges.

6.2     The applicable delivery charges are indicated on the Site at the time of order.

6.3     MAISON CAILLER reserves the right to change prices and delivery charges at any time.

7.    Payment

7.1    Payments can be made only by credit card (Visa, MasterCard) and are due immediately. For your security and protection, our partner, PostFinance, encrypts the data from your credit card; MAISON CAILLER does not have access to any of this information.

8.    Limitation of liability

8.1    Without limiting the scope of these General Terms and Conditions of Sale, no claim of any kind, whether related to products delivered or non-delivery of products, will exceed the amount of the purchase price for the products at the time of order. IN NO EVENT SHALL MAISON CAILLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY MAISON CAILLER) ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, THEIR SALE OR THE SITE.

9.     Applicable law and jurisdiction

9.1    These General Terms and Conditions of Sale are governed by SWISS LAW. The palce of jurisdiction is Vevey.


January 2012
NESTLE SUISSE S.A.
Maison Cailler