1. General

These general terms and conditions (the "GTC") apply to all orders placed and contracts concluded via the website [https://www.bakerybakery.ch/] and all affiliated websites (collectively, the "Website" or the "Online Shop"). The Online Shop is operated by bakerybakery AG, Schärerstrasse 23, 3014 Bern, Switzerland (the "Bakery Bakery"). The GTC governs the sale of curated selection of coffee, matcha, branded merchandise, and lifestyle items and other products available on the Website (collectively the "Products").

By accessing the Website, you (the "Customer" or “you”) accept these GTC. These GTC apply exclusively to consumers. If you are a business or commercial customer, please contact Bakery Bakery at: info@bakerybakery.ch.

bakerybakery provides information on how it processes personal data in its Privacy Policy.

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2. Services

Bakery Bakery offers the Products on the Website. The products in the online shop are intended exclusively for customers residing in Switzerland.

Prices and product ranges are subject to change at any time. The images shown in advertisements, brochures, and the online shop, for example, are for illustrative purposes only and are not binding. The specific information on the Product packaging is binding.

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3. Offer, order, and conclusion of contract

The Customer can select Products and collect them in a shopping cart by clicking on the corresponding button. By ordering the products via the Website by clicking on the "Buy Now" button, the Customer makes a binding purchase offer. The purchase contract is concluded when Bakery Bakery accepts the order by sending the Customer an order confirmation or executing the order (the "Contract" or the "Order"). The type and scope of the Products shall correspond to the Order.

In addition to the standard assortment available on the Website, Customers may request larger quantities, customized orders, or special Products (each a “Customized Order”). Such Customized Orders are not processed through the Website and require the Customer to contact Bakery Bakery directly via email at info@bakerybakery.ch. Bakery Bakery will inform the Customer of feasibility, pricing, minimum preparation and delivery times, and any specific conditions applicable to such Customized Orders.

Bakery Bakery reserves the right to reject or cancel an Order if it has been generated by software, a machine, a crawler, a spider, or other automatic web programs or scripted behavior systems, or by using third-party services that were used to place the Order on Customer’s behalf.

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4. Registration

The Customer may need to register an account to access the Website and purchase the Products.

The Customer must provide accurate, current, and complete information during registration and keep their account information up-to-date. Accounts registered by bots or automated methods are not authorized and will be terminated.

The Customer is responsible for maintaining the confidentiality and security of their account credentials and may not disclose their credentials to any third party. The Customer is responsible and liable for activities conducted through their account and must immediately notify Bakery Bakery if there is any suspicion that their credentials have been lost, stolen, or their account is otherwise compromised.

If and as permitted by applicable law, Bakery Bakery may, but has no obligation to (i) ask the Customer to provide identification or other information, (ii) undertake checks designed to help verify Customer’s identity or background and (iii) screen the Customer against third-party databases or other sources and request reports from service providers.

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5. Payment, product availability, and retention of title

Customers must pay for the Products using the payment options provided by Bakery Bakery. The payment methods available at the time of ordering may vary, and the Customer will be informed of the specific payment methods offered before placing the Order.

Promotional vouchers issued as part of advertising campaigns or gift vouchers purchased can also be redeemed during the ordering process. The respective terms and conditions of the voucher apply.

Unless expressly stated otherwise, all prices are inclusive of VAT in CHF. The price in the online shop at the time of ordering is decisive.

Payments are non-refundable unless prohibited by law. Any shipping costs incurred will be displayed separately to the Customer during the ordering process.

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6. Delivery times and shipping

Deliveries are made exclusively to addresses in Switzerland. Bakery Bakery does not deliver to packing stations.

Bakery Bakery specifies in the online shop the delivery period within which the Product is available. Time deviations and the blocking of a specific delivery date are possible, especially on peak days with exceptionally high delivery volumes.

Orders are usually shipped from Monday to Friday. There are no shipments on Sundays and official national or cantonal holidays. If the Customer is not reachable at the time of delivery and has not provided any special delivery instructions, the delivery driver may leave the delivery in a freely accessible location or leave a collection invitation in the Customer’s mailbox.

Delivery costs depend on the value of the Products ordered (minimum order value excluding delivery costs, deposits, and credits). The delivery costs are communicated in the online shop at the time of check out apply. Delivery costs are listed as an additional item in the shopping cart and on the invoice.

Bakery Bakery is responsible for ensuring that the Products are properly stored and handled until the time of delivery. Liability for damages arising from improper storage or handling applies only to defects that occur before delivery to Customer.

From the moment the Products are delivered by the postal service, courier, or made available for collection at the agreed location, the risk and responsibility for the Products transfer to the Customer, irrespective of whether the Customer personally accepts the delivery.

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7. Rights and Obligations of bakerybakery

Bakery Bakery shall provide the Products agreed upon in the Contract to its Customers.

Bakery Bakery reserves the right to request feedback from customers via forms, questionnaires, and surveys in order to improve its products (the "Feedback"). Bakery Bakery may use such Feedback without incurring any financial or other obligation to customers. Customers assign all rights (including, but not limited to, intellectual property rights), titles, and interests in the Feedback to Bakery Bakery and acknowledge that they have no claims with respect to the Feedback.

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8. Customer Rights and Obligations

The Customer undertakes to use the Products in accordance with the Contract, the instructions for use (including any storage instructions) and all applicable laws and regulations in Switzerland.

The Customer is obliged to cooperate in the performance of this Contract to the extent necessary and free of charge. In particular, the Customer shall provide correct and complete information (including delivery address and contact details), ensure that the delivery location is accessible at the agreed time and follow any instructions given by Bakery Bakery for the receipt and storage of the Products, especially for perishable Products.

If the provision of the contractual services is delayed or becomes impossible due to the Customer’s failure to comply with its cooperation obligations or due to other circumstances for which the Customer is responsible, the Customer shall bear the resulting disadvantages and additional costs. This includes, in particular, any costs for repeated delivery attempts, storage, and, in the case of perishable Products, possible deterioration or destruction of the Products. In such cases, the Customer is not entitled to a refund or replacement, unless mandatory statutory provisions provide otherwise.

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9. Right of Withdrawal

Customers residing in Switzerland do not have a general statutory right of withdrawal for correctly delivered and defect-free Products. Without prejudice to mandatory statutory rights, Bakery Bakery voluntarily grants Customers a contractual right of withdrawal under the conditions set out in this Clause 9.

There is no right of withdrawal for:

• i) perishable foodstuffs and products that, by their nature, may quickly expire or deteriorate (in particular fresh bakery products, chilled or frozen items, ready-to-eat products, and products that must be stored in a cool place, such as matcha tea and similar tea products);
• ii) opened or partially used packages of tea products or other foodstuffs,
• iii) Products that are not suitable for return for reasons of health protection or hygiene if their seal has been removed or packaging opened after delivery, and
• iv) Products that have been inseparably mixed with other goods after delivery due to their nature.
  

To exercise the right of withdrawal, the Customer must inform Bakery Bakery of their decision to withdraw from this contract within 14 days of receiving the products by means of a clear statement (e.g., a letter sent by post or email).

In case of withdrawal, the Products must be returned to Bakery Bakery immediately and in any case no later than 14 days from the date on which the Customer informed Bakery Bakery of the withdrawal. The Customer shall bear the costs of the return shipment.

The right of withdrawal is subject to the Products being returned in an unused and undamaged condition, in their original packaging (including all accessories and instructions), and adequately protected for shipment. Bakery Bakery may refuse a refund or deduct an appropriate amount if the returned Products show signs of use or damage beyond what is necessary to establish the nature, characteristics and functioning of the Products.

Bakery Bakery reserves the right to refuse a refund until the products have been returned or until the Customer has provided proof that they have returned the Products, whichever is earlier.

This clause does not affect the Customer's mandatory statutory warranty rights.

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10. Liability

Bakery Bakery is fully liable to the Customer for damages resulting from Bakery Bakery’s gross negligence or wilful misconduct. In all other cases, Bakery Bakery’s liability under the Agreement is excluded to the maximum extent permitted under applicable law.

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11. Warranty

Bakery Bakery warrants that the Products are free from material and manufacturing defects and correspond to the contractually agreed quality until the expiry date, best-before date or other date indicated on the Product, provided that the Customer has handled the Products properly and stored them in accordance with the instructions on the packaging (e.g. cool and/or dry, protected from heat and direct sunlight).

The Customer shall notify Bakery Bakery of any defects without undue delay after discovery and shall describe the defect as precisely as possible. Bakery Bakery reserves the right to request appropriate proof of the defect and of proper storage and handling, for example by means of photos, or other evidence.

Bakery Bakery may, at its own discretion, fulfill the warranty by either (i) partially or completely replacing the Product with an equivalent Product, or (ii) issuing a credit note up to a maximum of the sales price at the time of the order, or (iii) reducing the price.

In the case of a credit note, the amount paid by the Customer for the defective Products will be credited to the Customer’s account.

No warranty is granted for defects resulting from improper handling or storage by the Customer, failure to observe storage instructions, or circumstances for which bakerybakery is not responsible.

There is no general right of return for defect-free and correctly delivered Products. Mandatory statutory provisions under applicable law remain reserved.

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12. Force Majeure

If delivery delays or postponements occur due to obstacles beyond Bakery Bakery's control (such as events of force majeure, strikes, lockouts, official orders, unforeseen events that disrupt supply chains, delays caused by customers), Bakery Bakery shall be granted a reasonable grace period. This also applies if the delivery delays occur at bakerybakery's suppliers or subcontractors.

If delivery is still impossible after the grace period and an end to the hindrance is not expected within [2 months], the customer and Bakery Bakery have the option of withdrawing from the respective contract in whole or in part. In such cases, Bakery Bakery shall not owe the customer any compensation.

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13. Newsletter

By subscribing to the Bakery Bakery newsletter, the Customer agrees that Bakery Bakery may contact them and occasionally inform them about updates and new products. The Customer can unsubscribe from the contact list at any time by sending an email to info@bakerybakery.ch or clicking on the corresponding unsubscribe link in an email.

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14. Changes

Bakery Bakery reserves the right to change the GTC. The version of the GTC valid at the time of the Order is decisive and cannot be unilaterally changed for that Order.

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15. Miscellaneous

Entire agreement: Each contract in connection with these GTC constitutes the final agreement between the Parties with regard to the matters mentioned in the Contract and replaces all previous agreements and arrangements.

In the event of any conflict between the GTC and a Contract, the GTC shall prevail unless the relevant contract expressly refers to the conflicting provision of the GTC.

Notifications: Unless otherwise agreed in these GTC, notifications must be made in writing, which includes emails unless otherwise specified, and must be sent to: ‍

• ‍For the attention of Bakery Bakery: by email to: info@bakerybakery.ch; ‍
• For the attention of the Customer: by email to the last email address provided by the Customer for this purpose. It is the Customer's responsibility to keep the contact information provided up to date.

Intellectual property: All products created by Bakery Bakery and the associated documentation remain the intellectual property of Bakery Bakery. They may not be copied or made available to outsiders in any form. Bakery Bakery reserves all rights to every design, text, and graphic on its website.

Severability clause: Should any provision of these GTC or of the contracts subject to these GTC be unlawful, invalid, or otherwise unenforceable (in whole or in part), the remaining provisions shall remain in full force and effect mutatis mutandis.

Assignment: Customers may not assign their rights, obligations, or claims arising from any contracts without the prior explicit consent of bakerybakery.

Applicable law and place of jurisdiction: These GTC and the contractual relationship between Bakery Bakery and the Customer are subject to Swiss substantive law, excluding the UN Convention on Contracts for the International Sale of Goods. The parties agree that Bern, Switzerland, shall be the exclusive place of jurisdiction, insofar as this is legally permissible.

Links: The Services may contain third-party content or links to third-party websites. Bakery Bakery assumes no responsibility for third-party content or websites and makes no warranties or representations regarding them, including, but not limited to, their accuracy, subject matter, quality, or timeliness.

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