General Terms and Conditions of ACP Import Ltd liab Co

1. Scope

These General Terms and Conditions (“GTC”) apply to the entire business area of ACP Import Ltd liab Co (hereinafter “Company”).

2. Conclusion of contract

The contract is concluded by accepting the company’s offer regarding the purchase by the customer.

In any case, the contract is concluded when the customer accepts the services offered by the company.

3. Prices

Subject to other offers, all prices are in Swiss francs (CHF). All Prices are exclusive of any applicable Value Added Tax (VAT).

Prices are exclusive of any other applicable taxes.

The company reserves the right to change prices at any time. The prices at the time of the conclusion of the contract are the valid prices.

4. Payment

If the invoice is not paid within the aforementioned payment period, the customer will be automatically in default.

From the time of default, the customer owes default interest of 5% (five percent). The company reserves the right to demand advance payment at any time without giving reasons.

Set-off of the invoiced amount against any claim by the customer against the company is not permitted.

The company is entitled to deny the delivery or provision of services in the event of default of payment.

5. Company Obligations

5.1. Assistants

The parties have the express right to perform their contractual obligations by bringing in helpers. The parties must ensure that the assistance of the person complies with all mandatory legal provisions and any collective labor agreements.

6. Warranty

The Company warrants that the supplied products, as of the date of shipping to its customer or any other third party, will not be adulterated or misbranded within the meaning of the food laws within the European Union or/and Switzerland; and will be recognized as safe, for the conditions and quantities of intended use.

7. Liability

Liability for direct damage is limited. This limitation of liability does not apply to direct damage caused by gross negligence or intention.

The customer is obliged to report any damage to the company immediately.

8. Intellectual Property Rights

The company is entitled to all rights to the products, services and any trademarks or it is authorized to use it by the owner.

Neither these General Terms and Conditions nor the associated individual agreements have the transfer of any Intellectual property rights to the content, unless this is explicitly mentioned.

In addition, any further use, publication and making available of Information, images, texts or anything else that the customer related to these provisions is prohibited unless expressly authorized by the Company.

If the customer uses content, text or images in connection with the company which third parties have a property right, the customer must ensure that no property rights third parties are injured.

9. Privacy

The company may use the data recorded as part of the conclusion of the contract to fulfill the process and use obligations under the contract. The company takes action which are required to secure the data in accordance with the statutory provisions. Of the customer agrees to the storage and contractual use of his data by the company fully agrees and understands that, by order of courts or authorities are obliged and entitled to information from the customer or these to disclose to third parties. If the customer has not expressly prohibited it, the company may use the data use for marketing purposes. The data necessary for the performance of the service can also be sent to commissioned service partners or other third parties.

10. Changes

These general terms and conditions can be changed by the company at any time. The new version will come into effect 30 (thirty) days after the announcement by the company.

The version of the General Terms and Conditions that is valid at the time of the conclusion of the contract is in force. Unless the customer has a newer version of the terms and conditions agreed.

11. Priority

These General Terms and Conditions take precedence over all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these General Terms and Conditions take precedence over these General Terms and Conditions.

12. Severability Clause

If any provision of this Agreement or any Addendum to this Agreement is invalid or otherwise the effectiveness of the contract is not affected. The contracting parties will replace the ineffective provision with an effective provision, which comes as close as possible to the intended economic purpose of the invalid provision.

The same applies to any gaps in the contract.

13. Confidentiality

Both parties, as well as their assistants, undertake to keep all information contained in the
were submitted or appropriated in connection with the services, confidential treat. This obligation remains even after the termination of the contract.

14. Force Majeure

Would the services be impossible to fulfill in a timely manner by the company, its suppliers or involved third party as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, severe weather, thunderstorms, storms, wars, riots, civil wars, revolutions and riots, terrorism, sabotage, strikes, nuclear accidents or reactor damage, epidemics or pandemics, will the company during the period of force majeure as well

as one reasonable start-up period after the end of it, be released from any obligations. If the force majeure lasts longer than 5 (five) days, the company can withdraw from the contract. The company must reimburse the customer in full for any payment already made.

Any further claims, in particular claims for damages as a result of vis major excluded.

15. Governing Law / Jurisdiction

These GTC are subject to Swiss law. As far as no mandatory legal If the provisions take precedence, the court at the registered office of the companyis responsible. The company is free to domicile of the defendant to bring an action. The United Nations Convention on Contracts for the international purchase of products (SR 0.221.211.1) are explicitly excluded.