Terms and Conditions
1. SCOPE OF THE TERMS AND CONDITIONS
These General Terms and Conditions apply exclusively to legal transactions between HappyScore GmbH (hereinafter HS) and the customer in the context of processing orders via the online services available from HS (www.chimaek.ch). HS provides these services exclusively on the basis of these General Terms and Conditions.
2. AVAILABILITY
Although HS strives to offer the highest possible availability of the service based on the state of the art, it is not possible to guarantee this availability at certain times. HS is not liable for the availability of the ordering services at all times.
3. CHANGES TO THE OFFER
HS reserves the right to temporarily or permanently change, interrupt or discontinue the services offered with or without notice to the customer. HS is not liable to the customer for any modification, interruption or discontinuation of the service.
4. LEFT
The HS website may contain links to other, external websites or external sources. HS has no control over the availability or content of these websites or sources and is therefore not liable for any consequences of visiting the respective pages.
5. CONTRACT (CONCLUSION, CANCELLATION, PERFORMANCE)
The contract is deemed to have been concluded from the time the customer places the order on the respective order page.
Cancellations of delivery orders by the customer are only permitted if they are made immediately by telephone to the respective branch and HS can reach the courier in good time before delivery begins. If HS can no longer reach the courier on time, a partial or full amount of the order will be charged.
The contract can only be fulfilled if the customer has previously provided truthful, current and complete personal information on the order form. The customer must report any errors in input to HS immediately after placing the order. Personal identification includes information on how to contact the customer during delivery of the order. The customer is obliged to be present at the time of delivery if he has chosen the delivery option “handover at the front door”. If this is not the case and it is not possible for the courier to reach the customer using the information provided, the courier is entitled - if possible - to deposit the delivery in the relevant mailbox or to take it away again. The same applies if the customer does not pay for delivery. HS is not liable for any loss or damage that may arise as a result. In the event of incorrect orders (e.g. incorrect 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 or free distribution of:
- Wine, beer and cider to young people under 16 years of age
- Spirits, alcopops and tobacco products to young people under 18 years of age
Failure to comply with the law will result in 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).
HS is also entitled to exclude people who do not comply with the obligations required here during the ordering process from the online ordering service in the future.
6. PRIVACY
The processing of the customer's personal data is regulated in the data protection declaration, which is available online.
7. WARRANTY, LIABILITY
HS is not liable for the fulfillment of the contract in the event of force majeure, such as, in particular, failure of telephone lines or internet lines, official measures, power failure, etc. HS is also not liable in the event of an unforeseeable failure of means of transport or other unforeseeable events. This also applies if the above events occur with a vicarious agent of HS. In these cases, HS will endeavor to contact the customer and resolve the relevant obstacles, if possible. If timely delivery is not possible for HS for one of the aforementioned reasons, both parties will be released from their performance obligations.
HSs restaurants use ingredients and additives for food and drinks that may cause allergies and intolerances. It is the customer's responsibility to find out about the respective ingredients and, if in doubt, to contact the respective restaurant.
Complaints must be reported to HS immediately after the delivery arrives, but no later than 6:00 p.m. on the next working day, otherwise fulfillment is considered to be in accordance with the contract. If the complaint is correct and there is proof of a defect, HS has the choice of either reducing the cost of the food and drinks purchased or issuing the customer a free order voucher (in an appropriate amount). Other warranty claims are excluded. Liability is assumed for direct damages if there is fault. Liability for indirect damages (so-called consequential damages) only exists in the case of intentional or grossly negligent behavior.
8. REDEMPTION OF DISCOUNTS AND VOUCHER CODES
Discount promotions allow you to purchase products at lower prices. Voucher codes and other discount campaigns have a limited validity, a minimum order value and other conditions that result from the respective voucher code. Details can be found in 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 the event of misuse of discount campaigns or voucher codes, e.g. the misuse of email addresses that are used to impersonate other natural persons, HS reserves the right to take legal action. In particular, people may be excluded from ordering services in the future.
9. DEBITOR CONDITIONS
The customer invoice is due for payment within 30 days of the invoice date. In the event of non-payment, the customer automatically defaults and interest on arrears in accordance with Art. 104 OR will be charged from that day onwards. The following additional fees will be charged for debt 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 debtor invoice is sent to a company and a tip was mentioned in this form, the guest confirms that he is authorized to give tips at the expense of the company in accordance with his internal company policy. If the company does not accept the tips, the guest confirms that they will transfer them privately within 30 days to:
IBAN: CH43 0840 1000 0605 08531 1
Beneficiaries: HappyScore GmbH, Langensandweg 4, 6005 St. Niklausen
Bank: Migros Bank Lucerne
SWIFT: MIGRCHZZXXX
The same dunning management conditions apply to the tips as to the customer invoice itself.
10. APPLICABLE LAW, JURISDICTION
Swiss law applies to all legal transactions, excluding 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 is Lucerne.
Lucerne, January 28, 2024