General Terms & Conditions
1. These general terms and conditions apply to all business relations between Black Rice Production GmbH and their customers in the respective version at the time of the conclusion of the contract.
2. Our general terms and conditions apply exclusively. Opposing or deviating general terms and conditions of the customer are not recognized, unless Black Rice Production GmbH has approved them in written form.
§2 Registration for orders and Grand Portal User
1. Each order of goods presupposes previous registration as a customer with Black Rice Production GmbH. Multiple registrations under different names or addresses are inadmissible. With successful completion of registration proceedings, the customer of Black Rice Production GmbH becomes certified by the system.
2. The permission can be recalled by Black Rice Production GmbH at any time and without any indication of reasons. Black Rice Production GmbH is entitled in this case, to block user name and password immediately and to delete their account.
3. A Grand Portal account is required to use the Black Rice Production eCommerce. A valid e-mail address is required for this. Different company contact persons can have their own access per company customer. The email address of each selected contact person must be valid and unique. If, for good reasons to be presented to Black Rice Production GmbH, the same contact person needs access for two different corporate clients, different email addresses are required.
§3 Conclusion of contract
1. Upon acceptance of your order by sending a confirmation email or posting the order to your account, the contract is formed.
2. The contract comes off, however, only with receipt of the goods, in case you have not indicated an e-mail address to which we could have sent the confirmation of order (does not apply to orders placed by telephone or fax or owners of an account).
3. For each order, prepayment per bank transfer or immediate payment by credit card or Paypal applies. The order will be executed after receipt of payment. Exceptions regarding the method of payment and payment deadline must be agreed in writing.
§4 Price indications
1. Price-bound articles are subject to possible price adjustments by the supplier.
2. Prices can vary with not price-bound articles. We reserve the rights to change prices without prior notice.
§5 Delivery, shipping costs
1. Black Rice Production GmbH will ship the goods to the customers address (as indicated in the order). Black Rice Production GmbH is entitled to partial deliveries, should the total quantity of the requested goods not be in stock. The customer will be informed should a partial delivery occur. The missing goods will be delivered in addition as soon as the goods are available. In case the customer does not wish partial delivery, he has to indicate this when placing his order.
2. Delivery time is 2 to 4 days. In case a product is missing it will be ordered from our supplier. In this case the shipment will be delayed. For products being ordered abroad, delivery time may take from 1 to 3 weeks. Indications of possible delivery time are not binding.
3. The outstanding goods will be delivered immediately to the customer when Black Rice Production GmbH has received them. Black Rice Production GmbH reserves the right to charge the delivered goods by debiting the credit card number given at the time of the order, unless the goods have already been paid for.
4. Black Rice Production GmbH is entitled to select the appropriate shipping method in terms of time, cost and security. The customer pays the stated shipping costs, which are an approximate amount. It is the risk of Black Rice Production GmbH if the actual shipping costs are higher. If the actual shipping costs are lower, Black Rice Production GmbH will not refund the customer.
5. For personal orders (not via eCommerce), Black Rice Production GmbH is entitled to invoice actual shipping costs and to make subsequent charges.
6. For personal orders (not via eCommerce) is also the following option: In case the customer wishes to have his goods shipped by DHL, TNT or FedEx, he has to indicate his respective account number (with DHL, TNT or FedEx) at the date of his order. Should this not be the case we will charge the respective shipment amount. The customer agrees that we will use the credit card number given at the time of the order, to bill the shipment fees. The customer acknowledges that FedEx, TNT or DHL charge shipment according to volume and not to the effective weight. The customer consents to this procedure at the time of the order placement.
§6 Retention of title
1. Goods stay in possession of Black Rice Production GmbH until all outstanding payments are credited. In case of delay of payment, we reserve the right to withdraw from the contract and to recall the goods.
2. We reserve the right to request creditworthiness after conclusion of the contract and in case of a negative result to withdraw from the contract.
3. In case one of our suppliers should not be able to deliver the ordered merchandise, without Black Rice Production GmbH’s fault, we are entitled to withdraw from the contract. In case of withdrawal from the contract, we will inform the customer without delay and refund already received payments.
§7 Terms of payment, reminder
1. Prepayment by credit card, paypal or bank transfer.
2. Credit cards: Mastercard, Visa, Amex, American Express.
3. When we don’t receive the payment within one day, we are allowed to cancel the Order.
4. In case of payment delay we charge a reminder fee of CHF 5.-. Resulting claims through a lawyer or collection agency remain unattached.
§8 Revocation
1. The customer is entitled to revoke his order within 5 days after receipt of the goods in written form (e.g. letter, mail). The term starts with receipt of the goods. In order to meet the revocation term, the goods or a written statement have to be sent to: Black Rice Production GmbH, Fabrikstrasse 10, 9470 Buchs, Switzerland or to info@blackriceproduction.com. The customer carries burden of proof for returning the goods.
2. In case of successful revocation, the customer has to return the goods. Should the customer not be able to return the goods in good condition or entirely, the customer has to compensate Black Rice Production GmbH for the decline in value. In case the customer has already settled his bill, Black Rice Production GmbH is entitled to deduct the decline in value from the total amount, which may, in some cases, be the whole amount of the paid bill.
3. The customer carries the cost of reconsignment.
4. In return Black Rice Production GmbH refunds an appropriate purchase price to the customer. Up to full return of the merchandise Black Rice Production GmbH makes use of retention.
5. Revocation is excluded with contracts of consignments of imported goods as well as products manufactured on the customer’s explicit wish (custom-made items).
§9 Customs, VAT
1. Taxes may apply for shipment to countries outside of Switzerland, that the customer has to carry. These may vary in different customs regions. The customer is responsible for settling the respective costs. These costs are not shipment costs.
2. For delivery within Switzerland, the indicated prices include VAT. For exports to other countries, the stated price is the net price without VAT.
§10 Address
1. Dispatch address:
Black Rice Production GmbH, Fabrikstrasse 10, 9470 Buchs, Switzerland
Phone +41 (0) 43 311 70 20,
Fax +41 (0) 43 311 70 25
§11 Data protection
1. The necessary data essential for the transaction are recorded respecting the law and may be given to third parties, should this be necessary for the transaction. All personal data is treated confidential.
2. Deletion of confidential Customer data of Black Rice Production GmbH are entitled to see and edit their personal data on the home page (after logging in). In order to delete the customers’ personal data, the customer has to send a written statement to info@blackriceproduction.com.
§12 Liability
1. In case the goods should be defective at the time of receipt, Black Rice Production GmbH will be responsible for replacement. In case the replaced goods are not satisfactory to the customers demand, the customer is entitled to cancel the contract or request reduction.
2. Our liability for our fault, as well as the one of our legal representatives is limited to intention and negligence. Product liability remains intact.
§13 Amendment of the General Terms and Conditions
Black Rice Production GmbH has the right to change the existing General Terms and Conditions without prior notice.
§14 Applicable law and jurisdiction
1. Swiss law terms are applicable, even if the customer is ordering from abroad or the goods are delivered to a country outside Switzerland.
2. Jurisdiction for all claims in coherence with the order is Buchs, Switzerland.
3. Black Rice Production GmbH is entitled to take legal action at the customers’ jurisdiction.
4. Ineffectualness of certain clauses does not affect the validity of the contract and of these General Terms and Conditions.
July 2022, Buchs, Switzerland