General terms and conditions

General

The General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions concluded via the online shop www.camellia-tea-house.ch (hereinafter referred to as "Online Shop"). The online shop is operated by The Queen Camellia Tea House GmbH (hereinafter referred to as "The Queen Camellia").

The Queen Camellia reserves the right to amend these GTC at any time. The version of these GTC in force at the time of the order shall apply and may not be unilaterally amended for this order. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognised.

The offer is valid as long as the product can be found via the search engine in the online shop and/or stocks last. Orders in quantities not customary in the household may be rejected without justification.

Products and prices

Images of products in advertisements, brochures, online shop, etc. are for illustration purposes and are not binding. Information about products is compiled in the online shop in the most customer-friendly manner possible, but is not binding. The prices stated on the product page include statutory VAT and other price components and are in Swiss francs (CHF).

The prices applicable to the products offered are those listed on the day on which the customer places the order. The prices are binding until the order is confirmed by The Queen Camellia or for the duration stated in the order confirmation. Prices are subject to change as a result of changes in taxes, fees, duties or shipping costs.

Conclusion of contract

The products and prices in the online shop are deemed to be an offer. However, this offer is always subject to the condition that dissolves the contract if delivery is not possible or the price is incorrect.

The purchase contract for products or services of The Queen Camellia is concluded as soon as the customer places his order in the online shop, in the tea shop in Lucerne, by telephone or by e-mail. The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation from The Queen Camellia sent to the e-mail address provided by the customer.

Receipt of the automatically generated order confirmation does not constitute a promise that the product can actually be delivered. It merely indicates to the customer that the order placed has been received by the online shop and that the contract with The Queen Camellia has therefore been concluded, subject to the possibility of delivery and the correct price being quoted.

Terms of payment

All claims for payment of products and services purchased through The Queen Camellia's online shops will be made by The Queen Camellia directly to the customer.

Cash payment is only possible for The Queen Camellia products in the event of collection from the tea shop in Lucerne.

If payment is made by credit card or other instant payment methods, the amount will be charged when the order is placed. In case of cancellation, the amount will be credited back to the credit card used. In the case of online payment, the credit card will also be charged if the product is not yet available at the time of the order.

In case of prepayment, the order will be processed after receipt of payment.

Ordered products remain the property of The Queen Camellia until full payment has been made to The Queen Camellia. Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of The Queen Camellia.

Delivery conditions

The ordered goods will be made ready for dispatch within 2 working days.

If items are not immediately available, the customer will be informed immediately. The Queen Camellia shall not be liable in the event of undeliverability or delayed delivery of the goods as a result of incorrect information on the delivery address by the customer, absence of the recipient or unforeseeable problems with customs clearance.

Delivery is worldwide according to two shipping/delivery zones: Switzerland and Europe. Other countries on request.

Shipping within Switzerland: With the PostPac Economy shipping method, Swiss Post delivers your parcels inexpensively and reliably within two working days from Monday to Friday. PostPac Economy items posted on Saturday are delivered the following Wednesday.

Shipping abroad: With the PostPac International Economy shipping method, your parcels abroad reach their destination cost-effectively and reliably.

The shipping costs consist of postage and packaging costs. They are calculated individually according to destination (delivery/shipping zone) and weight, can be viewed under shipping information and are displayed before the order is completed.

If the customer fails to collect the products ordered from the tea shop in Lucerne for collection within 14 calendar days from the date of readiness for collection, The Queen Camellia may dissolve (cancel) the contract.

Duty to audit

The customer must immediately check delivered or collected products for correctness, completeness and delivery damage.

Any complaints regarding quality and completeness must be notified to The Queen Camellia immediately, but no later than within 24 hours of delivery, otherwise the delivery will be deemed to have been accepted.

The Queen Camellia is not liable for transport damage and damage resulting from improper storage of the goods after acceptance by the customer or his assistants.

Liability and disclaimer

Liability is governed by the applicable statutory provisions. However, in no event shall The Queen Camellia be liable for slight negligence, indirect and consequential damages and loss of profits, damages resulting from delay in delivery and any acts and omissions of The Queen Camellia's auxiliary persons, whether contractual or non-contractual.

Furthermore, The Queen Camellia shall not be liable for damage attributable to any of the following causes: improper storage, adjustment or use of the products in breach of contract; force majeure, in particular damage caused by natural hazards, moisture, falls and impacts, etc., for which The Queen Camellia is not responsible; and official orders.

Order changes

The customer's order is binding for the customer. After placing the order, the customer cannot make any changes to the order. Any existing right of revocation remains unaffected by this.

Right of return

As a rule, foodstuffs cannot be returned or exchanged because teas are usually packed open and are not sealed. Should the goods ordered by the customer nevertheless arrive at the customer's premises in a condition not fit for consumption, the customer must contact The Queen Camellia immediately.

Obvious defects in tableware must be reported immediately within 14 days of delivery. The Queen Camellia will, at its discretion and with the agreement of the customer, rectify these defects free of charge or supply a replacement of equal value. If neither rectification of defects nor replacement delivery is possible, The Queen Camellia will refund the amount.

Final provisions

Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and these GTC as a whole.

Applicable law

All legal relationships between The Queen Camellia and the customer are subject to Swiss substantive law. The Vienna Sales Convention is not applicable. Swiss law is exclusively applicable. The place of jurisdiction is Lucerne, Switzerland.

November 2021