General Terms and Conditions of ABS Foods AG

1.0. Definitions

1.1. “Company” refers to ABS Foods AG, headquartered in Switzerland with the unique identifying number (UID) CHE-190.458.997.

1.2. “Client” refers to any individual, entity, or organization that purchases goods, contacts us, or places an order with the Company.

1.3. “Goods” refers to any product, ingredient, or business-related item supplied by the Company.

 

2.0. Scope

2.1. These General Terms and Conditions apply to all sales transactions, communications, and interactions with the Company, including but not limited to orders and inquiries. By placing an order or contacting the Company, Clients agree to these General Terms and Conditions without reservation.

 

3.0. Offering / Orders and Products

3.1. Orders become valid upon acceptance by both the Client and the Company.

3.2. The Company reserves the right to refuse any order without providing a reason.

3.3. Any offer made by the Company is non-binding until accepted in writing by both parties. Written consent constitutes a binding contract between the company and the client.

3.4. Product pictures and illustrations are for illustrative purposes only and do not guarantee the actual characteristics of the goods.

3.5. Order cancellations are generally not possible. Exceptions require prior written consent from the Company.

 

4.0. Pricing and Payment

4.1. Only prices agreed upon in writing are applicable. Publicly published prices do not constitute a binding offer from the company until confirmed in writing. The company reserves the right to change prices due to cost fluctuations.

4.2. Prices are quoted are net prices, exclusive of VAT. Any additional fees or taxes, if applicable, will be communicated during the ordering process.

4.3. The standard currency for orders is CHF (Swiss Francs), unless otherwise stated during the ordering process.

4.4. Payment terms are 30 days from the invoice date, unless otherwise specified.

4.5. Any client failing to adhere to the payment terms will be considered in default without special reminders. Late payments incur a default interest rate of 5% per year and a minimum reminder fee of CHF 25.00. Credit facilities may be suspended for non-payment.

4.6. The Company reserves the right to cancel or suspend existing or future orders if a client fails to comply with the agreed upon payment terms.

4.7. Goods remain the property of the Company at any time until full payment is received.

 

5.0. Delivery

5.1. Delivery dates are estimates and not guaranteed, as third-party logistics partners are used.

5.2. The Company is not liable and cannot be held responsible for any loss, damages or claims due to delivery delays.

5.3. Risk of loss or damage passes to the Client upon delivery of the goods.

5.4. Unless instructed otherwise, the Company assumes any employee of the Client can accept delivery. The Client may agree to have the goods placed on their premises by the Company or its logistics partner. In such cases, the Company is not liable for any loss or damage to the goods once they are on the Client’s premises.

5.5. If the Client cannot accept delivery on the agreed date, any re-delivery costs will be charged to the Client. The Company is not liable for any loss or damage after the original delivery date.

 

 

6.0. Quality and Inspection

6.1. The Client must inspect goods upon delivery.

6.2. Signing the delivery note (electronically or writing) upon receipt of the goods confirms faultless condition and complete receipt of the goods.

6.3. Any issues with the goods delivered must be reported within 24 hours of delivery in writing and with proof via Email to your contact person within the company. Complaints after this period or after processing the goods will not be accepted.

6.4. If issues with our goods are reported within 24 hours and the company assumes written responsibility for delivery of faulty goods, the company will take back any faulty goods and replace such with new ones. The client is obliged to store the faulty goods in accordance with local Food and Hygiene acts until replacement arrives. If goods are damaged due to improper storage, the company reserves the right to not replace them or assume any responsibility and liability.

6.5. Special agreements require written consent from the Company. The Company reserves the right to waive responsibility for loss or damage of issued goods.

 

7.0. Liability

7.1. The company is not liable for any indirect, incidental or consequential damages, including but not limited to loss of profits, compensation for damages or any other claims, arising out of or in connection with our goods. Any such liability is hereby excluded.

7.2. The company shall not be liable for any failure or delay to deliver due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism or governmental actions. In such instances, the company reserves the right to cancel any existing or future orders of any client.

 

8.0. Governing Law and Jurisdiction

8.1. These Terms are governed by Swiss law, excluding the Vienna Sales Convention.

8.2. Disputes are subject to the exclusive jurisdiction of the courts at the Company’s headquarters in Switzerland.

 

9.0. Data Protection

9.1. The company may collect, use and process any data the client or any individual, company or client provides us with. Any individual, company or client agrees that the company may disclose any data to third parties if this is necessary during the ordering or delivery process (e.g. logistics partner for transportation) or ordered by the court or any official governmental agency.

9.2. The company cannot be held liable in any form for any loss of data provided by any individual, company or client.

 

10.0. Intellectual Property

10.1. Use of product illustrations without prior written consent is prohibited and subject to charges.

10.2. The Company’s brands, logos, and identifying information are its intellectual property and may not be used without prior written consent.

 

11.0. Severability

11.1. If any part of these Terms is found invalid or unenforceable, the remaining terms remain in full force. Clients agree to substitute invalid provisions with valid ones that closely match the original intent.

 

 

12.0. Changes to General Terms and Conditions

12.1. The Company reserves the right to unilaterally amend these Terms at any time. Changes are deemed approved without objection from the Client, individual or company.

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Privacy Policy

What information do we collect?

We collect information from you when you register on our site or place an order. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address or mailing address.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways: To personalize your experience (your information helps us to better respond to your individual needs) To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you) To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs) To process transactions Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. To administer a contest, promotion, survey or other site feature To send periodic emails The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.

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We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than 60 days.

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Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Registration

The minimum information we need to register you is your name, email address and a password. We will ask you more questions for different services, including sales promotions. Unless we say otherwise, you have to answer all the registration questions. We may also ask some other, voluntary questions during registration for certain services (for example, professional networks) so we can gain a clearer understanding of who you are. This also allows us to personalise services for you. To assist us in our marketing, in addition to the data that you provide to us if you register, we may also obtain data from trusted third parties to help us understand what you might be interested in. This ‘profiling’ information is produced from a variety of sources, including publicly available data (such as the electoral roll) or from sources such as surveys and polls where you have given your permission for your data to be shared. You can choose not to have such data shared with the Guardian from these sources by logging into your account and changing the settings in the privacy section. After you have registered, and with your permission, we may send you emails we think may interest you. Newsletters may be personalised based on what you have been reading on theguardian.com. At any time you can decide not to receive these emails and will be able to ‘unsubscribe’. Logging in using social networking credentials If you log-in to our sites using a Facebook log-in, you are granting permission to Facebook to share your user details with us. This will include your name, email address, date of birth and location which will then be used to form a Guardian identity. You can also use your picture from Facebook as part of your profile. This will also allow us and Facebook to share your, networks, user ID and any other information you choose to share according to your Facebook account settings. If you remove the Guardian app from your Facebook settings, we will no longer have access to this information. If you log-in to our sites using a Google log-in, you grant permission to Google to share your user details with us. This will include your name, email address, date of birth, sex and location which we will then use to form a Guardian identity. You may use your picture from Google as part of your profile. This also allows us to share your networks, user ID and any other information you choose to share according to your Google account settings. If you remove the Guardian from your Google settings, we will no longer have access to this information. If you log-in to our sites using a twitter log-in, we receive your avatar (the small picture that appears next to your tweets) and twitter username.

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Updating your personal information

We offer a ‘My details’ page (also known as Dashboard), where you can update your personal information at any time, and change your marketing preferences. You can get to this page from most pages on the site – simply click on the ‘My details’ link at the top of the screen when you are signed in.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

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By using our site, you consent to our privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.
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