GTC
- scope of application of the general terms and conditions
These General Terms and Conditions apply exclusively to legal transactions between fwg.ch and the customer in the context of the mediation of orders via the online service. fwg.ch provides these services exclusively on the basis of these General Terms and Conditions.
- business activity
fwg.ch is an online ordering service for the food and drinks available at Familie Wiesner Gastronomie. The Internet user's order from fwg.ch reaches Familie Wiesner Gastronomie by email. For the purpose of delivery by our delivery service, the address, telephone number as well as email address are recorded.
- content of the online order service
fwg.ch represents the assortment of the Familie Wiesner Gastronomie ordering and delivery service as an additional sales channel. We endeavour to offer the complete range of Familie Wiesner Gastronomie food and beverages for online ordering, but reserve the right to make changes, which we communicate accordingly.
- availability
Although we endeavour to offer the highest possible availability of the Service in accordance with the state of the art, it is not possible for us to guarantee this availability at specific times.
- due diligence of the customer
The customer undertakes to provide true, accurate, up-to-date and complete personal details on the order form. fwg.ch excludes all liability for loss or damage resulting from failure to fulfil these obligations. We reserve the right to verify this information by calling back or taking similar appropriate measures and to exclude individuals from the online ordering service if they fail to comply with our GTC.
- data protection
The data protection declaration of Familie Wiesner Gastronomie AG is an integral part of the GTC. The data protection declaration can be viewed here.
- warranty, liability
The customer expressly agrees that the use of the service provided by fwg.ch is at the customer's own risk. fwg.ch is not liable in the event of force majeure, in particular in the event of telephone line or internet line failure, official measures, unforeseeable failure of means of transport or energy or other unavoidable events. This also applies if the above events occur with a vicarious agent of fwg.ch.
- change of the offer
fwg.ch reserves the right to change, interrupt or discontinue the services offered, temporarily or permanently, with or without notice to the customer. fwg.ch is not liable to the customer for the change, interruption or discontinuation of the service.
- links
On the Internet pages of fwg.ch, fwg.ch may create links to other, third-party Internet pages or third-party sources. fwg.ch has no control over the availability or content of these Internet pages or sources. For this reason fwg.ch is not responsible for the content of such websites or sources.
- reservation of proprietary rights
All goods ordered by the customer remain the property of the company until the invoice amount has been paid in full.
- cancellation & return conditions
Cancellations of delivery orders by the customer must be made immediately by telephone to the respective Location. If fwg.ch is unable to reach the courier in time, a partial amount of the order will be charged. If the customer places an incorrect order (e.g. by providing incorrect or incomplete contact information, by not paying or by not being present at the delivery or collection point to receive the order) or otherwise fails to comply with their obligations under the GTC, the full amount of the order will be charged. Cancellations of voucher orders must be made by no later than 3 p.m. on the relevant working day by calling 044 510 50 00, otherwise the order will be deemed to have been placed in accordance with the contract. There is no right of return on vouchers that have been sent.
- alcohol and tobacco levy
The Act prohibits the sale and free distribution of:
- Wine, beer and cider to young persons under the age of 16.
- spirits, alcopops and tobacco products to young people under the age of 18.
Failure to comply with the law is punishable by 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 the courier, may refuse to deliver the relevant products to the customer.
- complaints
Complaints and liability claims must be made immediately after the arrival of the delivery or at the latest by 6 p.m. on the next working day. Otherwise the order shall be deemed to be in accordance with the contract.
- redemption of discounts and voucher codes
Discount promotions allow the purchase of products at lower prices. Voucher codes and other discount promotions have a limited validity, a minimum order value and other conditions which result from the respective voucher code. For details, please refer to 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. Legal action may be taken in the event of misuse of discount promotions or voucher codes, e.g. with the misuse of e-mail addresses used to impersonate other natural persons.
- applicable law, place of jurisdiction
Swiss law shall apply to all legal transactions. In fully commercial legal transactions, Zurich is agreed as the place of jurisdiction.
- competition
16.1. participation
Participation in the competition is free of charge. Participation is effected by registering for the competition and activating the checkbox with the conditions of participation for the benefit of Familie Wiesner Gastronomie AG and any participating competition sponsors.
16.2. entry data
Please note that you must provide at least your first and last name, postal address, date of birth and a valid e-mail address when entering the competition. We will collect and store the data required to carry out and process the competition in accordance with the statutory provisions.
16.3. eligible participants
All persons who have reached the age of 18 at the time of their participation and who have their permanent residence and domicile in Switzerland are eligible to participate. Employees are excluded.
16.4. further conditions of participation
The prerequisite for effective participation in the prize draw is the provision of the necessary participation data (cf. item 15.2) in the electronic registration form. Please note that only participants from whom complete data sets are available will participate in the prize draw. No correspondence will be entered into regarding the prize draw.
16.5. multiple entries, incorrect information
Participation in the prize draw is only possible in one's own name. Participation via straw men is not permitted. Each participant may only enter once. Multiple entries will result in exclusion from the competition. The same applies to the entry of false or third-party data (name, address, e-mail address). The (possible) prize claims are not transferable.
16.6. closing date for entries/determination of prizes
The closing date communicated at the time of the competition shall apply. The draw will take place after the end of the competition.
16.7. distribution of prizes
The winners will be notified by e-mail or post.
16.8. exclusion from participation
Familie Wiesner Gastronomie AG reserves the right to exclude further persons from participation in addition to the group of persons mentioned in point 15.2, provided that there is an objective reason for such exclusion. An objective reason exists in particular if it becomes apparent that a participant is in breach of the ban on multiple participation in point 15.5 or is in breach of the conditions of participation in some other way. Persons who obstruct or disrupt the proper conduct of the competition, e.g. by manipulating or attempting to manipulate the entry process, the game and/or the pages and/or violating the rules of the game and/or otherwise attempting to influence the competition in an unfair and/or dishonest manner, in particular by disrupting, threatening, harassing employees/software of Familie Wiesner Gastronomie AG or other participants, may also be excluded from participation. Further sanctions and measures (damages, criminal charges) are expressly reserved in this respect.
16.9. forfeiture of the right to the prize
If it is not possible to distribute a prize to a winner determined in the draw because notification of the prize and/or delivery of the prize fail and cannot be made up within one month after the draw, the claim to the prize shall lapse. The claim to the prize shall also be forfeited if the determined winner refuses to accept the prize. The same applies if it only becomes apparent after the draw that a winner was excluded from participation or that the conditions for exclusion pursuant to section 15.8 exist or existed.
16.10. measures in the event of disruptions to the prize draw process
Familie Wiesner Gastronomie AG reserves the right to modify, cancel or terminate the prize draw for factual reasons at any time without prior notice. An objective reason exists in particular if the competition cannot (or can no longer) run as planned (e.g. if computers are infected with viruses, in the event of software or hardware errors or for other technical, factual or legal reasons that hinder the administration, security, integrity or regular and proper running of the competition.
16.11. legal action and liability
Legal recourse is excluded. There is no enforceable claim to the payment of prizes. Data communication via the internet cannot be guaranteed to be error-free and available at all times, given the current state of technology. Familie Wiesener Gastronomie AG is therefore not liable for the constant and uninterrupted availability of the online systems it uses, nor for technical and electronic faults in a telemedia service over which it has no control, and in particular not for faults such as the loss, delay, alteration, manipulation or misdirection of e-mails which have their cause in third-party data networks, third-party telephone lines or other hardware or software of participants or third parties. The same applies to malfunctions with regard to the input, recording, transmission and storage of data, in particular also for faulty, missing, interrupted, deleted or defective data records. Furthermore, no liability is assumed if e-mails or data entries (in masks on the competition pages) do not meet the requirements set out there and are consequently not accepted by the system. Likewise, Familie Wiesner Gastronomie AG is not liable in the event of theft or destruction of the systems or storage media storing the data. The same applies in the case of unauthorised alteration or manipulation of data by participants or third parties.
16.12 Final provisions
Should any provision of the terms and conditions of participation be or become invalid, this shall not affect the validity of the remaining provisions. The competition is governed exclusively by Swiss law.
- cancellation conditions sushi courses
In the event of cancellation less than 7 days before the start of the course, 50% of the course fees will be charged, unless the course place can be taken by another participant. In the event of an unexcused absence or cancellation on the day of the course or after the closing of the restaurant on the previous day, 100% of the course fees must be paid. The course management is entitled to cancel a course if there are insufficient participants or for other important reasons.
- ordering reusable dishes
By ordering reusable dishes you help the environment. Therefore, we do not charge a deposit, but you must return the reusable dishes within 14 days, otherwise you will be charged CHF 11.90 per reusable dish. You will receive a reminder by e-mail in good time. By purchasing reusable dishes, you agree to be charged if they are not returned on time.
- debtor conditions
The customer invoice is due for payment within 30 days of the invoice date. In case of non-payment, the guest is automatically in default and the default interest according to Art. 104 OR will be charged from that day. The following fees will be charged additionally for collection management:
Payment reminder: none
1st reminder: + CHF 20.00
2nd reminder: + CHF 20.00
Debt enforcement: + CHF 100.00 as well as all external debt enforcement costs
If the debtor invoice is sent to a company and a tip is given in this form, the guest confirms that he/she is authorised to give tips at the expense of the company in accordance with the company's internal policy. If the company does not accept the tips, the guest confirms that he/she will transfer them privately within 30 days to:
IBAN: CH65 0078 7785 3004 8367 0
Beneficiary: Familie Wiesner Gastronomie AG, 8610 Dübendorf
Bank: Zuger Kantonalbank, 6343 Zug
SWIFT: KBZGCH22XXX
The same dunning conditions apply to tips as to the debtor invoice itself. In the case of consumption on account, Familie Wiesner Gastronomie AG collects the following data from you: Name, first name, [address] as well as a photograph of the ID. We use this data exclusively to cover outstanding debts, i.e. if we were forced to initiate enforcement or legal proceedings in the event of non-payment of the outstanding debt. By providing us with this information, you consent to us processing this data for this purpose. After payment of the outstanding debt, the data will be deleted again. We do not use this data for marketing purposes.
Dübendorf, 13.12.2023
This text has been translated automatically. You can find our original terms and conditions here