General Terms and Conditions of Sale
1. Presentation of the Website and Identification of the Seller
1.1 Website Publisher
The website accessible at www.houseofcaviar.ch (hereinafter referred to as the "Website") is published by Caviar Consortium Switzerland AG (hereinafter referred to as "Caviar Consortium Switzerland AG" or the "Publisher"), having its registered office at Reiffergässli 4, 6300 Zug, Switzerland, registered under Commercial Register Number CHE-157.621.921.
Telephone: +41 79 341 42 45 / +41 78 868 02 51
Electronic Mail: info@caviar-consortium.com
1.2 The Seller
The seller of products offered for sale through the Website is Caviar Consortium Switzerland AG, having its registered office at Reiffergässli 4, 6300 Zug, Switzerland, registered under Company Number CHE-157.621.921 (hereinafter referred to as the "Seller").
Telephone: +41 79 341 42 45
Electronic Mail: info@caviar-consortium.com
2. Applicability and Enforceability of These General Terms and Conditions
2.1 Scope of Application
All orders placed through the Website shall be subject to and governed by these General Terms and Conditions of Sale (hereinafter referred to as the "T&Cs").
2.2 Customer Representation and Warranties
The customer hereby represents and warrants that they are a natural person who has attained the age of eighteen (18) years and possesses the legal capacity to enter into binding contractual obligations, or alternatively, has obtained appropriate parental or guardian authorization to place orders through the Website (hereinafter referred to as the "Customer").
The Customer further confirms that their designated delivery address is located within the territory of Switzerland. The Customer declares that they are acting for personal use only and undertakes to refrain from any resale of the products, whether in whole or in part.
2.3 Acceptance and Enforceability
These T&Cs shall be binding upon the Customer who, by selecting the designated checkbox provided for this purpose, expressly acknowledges having read, understood, and accepted these T&Cs prior to placing any order through the Website.
2.4 Applicable Version
The version of the T&Cs that shall be applicable and enforceable against the Customer shall be that which is in force at the time the Customer confirms their order, as recorded and archived by the Website's systems.
3. Products, Availability, and Promotional Offers
3.1 Nature of Product Presentation
The presentation of products on the Website does not constitute a legally binding offer to sell but rather constitutes an invitation to the Customer to submit an offer to purchase. Products are ordered, and purchase agreements are concluded in the manner described in Article 5 hereof.
Each product offered on the Website is accompanied by descriptive text and one or more photographic images designed to enable the Customer to understand the essential characteristics of the product prior to confirming their order, in accordance with the provisions of the Swiss Federal Act on Foodstuffs and Utility Articles (Foodstuffs Act, FSA).
Important Notice: The photographic images illustrating the products are provided for informational purposes only and do not constitute contractual documents. Product information, primarily derived from packaging materials which may be modified by the producer or supplier without prior notice, may be subject to minimal variations. The Customer is therefore advised to refer to the information appearing on the actual product packaging, which alone shall have legal force, particularly in cases of food intolerance or allergies.
3.2 Product Compliance
The products offered for sale comply with all applicable regulations pertaining to personal health and safety, fair business practices, and consumer protection at the time they are made available for sale.
3.3 Availability of Products
Products are offered and delivered subject to availability of stocks. In the event that, through circumstances beyond the control of the Seller, a product ordered by the Customer becomes unavailable due to non-delivery by the Seller's trusted supplier, notwithstanding that the Seller has placed a corresponding order, the Seller shall notify the Customer without undue delay in the order confirmation.
Under such circumstances, the Seller shall be released from its obligation to perform and may cancel the agreement. Should the Customer have already remitted payment, the Seller shall refund such payment to the Customer without delay. Subject to the Customer's consent, the Seller may, in lieu of cancellation, propose delivery of an alternative product of comparable quality and value.
3.4 Promotional Offers
Promotional offers displayed on the Website shall remain valid for the duration of their publication on the Website, unless otherwise specified.
3.5 Sale of Alcoholic Beverages
Insofar as the Customer represents and warrants that they have attained the age of majority, the sale of alcoholic beverages to such Customer is duly authorized in accordance with applicable Swiss law.
4. Prices and Payment Terms
4.1 Price Indication
For each product offered for sale on the Website, the stated prices are denominated in Swiss Francs (CHF) and are inclusive of all applicable taxes (including Value Added Tax, where applicable) and other price components, exclusive of delivery and transport costs, which shall be notified to the Customer prior to order confirmation and shall be subject to an additional charge.
The total amount payable by the Customer shall be clearly indicated on the order confirmation page. The Seller reserves the right to modify its prices at any time; provided, however, that the price applicable to any given order shall be that which was in force on the date of order confirmation.
4.2 Payment Methods and Security
Payment shall be effected immediately upon placing the order, directly through the Website, by secure bank card transaction processed through the secure payment platform "Shopify Payments."
Shopify International Limited is a private limited company incorporated under the laws of Ireland, with its headquarters located at 2nd Floor, Victoria Buildings 1-2, Haddington Road, Dublin 4, D04 XN32, Ireland. Further information regarding this service may be obtained at www.shopify.com.
In accordance with applicable standards governing payment services, payment details provided by the Customer and transmitted to Shopify Payments are encrypted and cannot be intercepted by unauthorized third parties.
4.3 Payment Validation
The Seller shall only commence preparation of an order upon confirmation that payment has been approved by the Customer's banking institution via Shopify Payments. In the event that payment is declined by the banking institution, the order shall be automatically cancelled and the Customer shall be duly notified thereof.
5. Formation of the Sales Agreement
5.1 Ordering Procedure
To place an order, the Customer must first populate their virtual shopping cart by adding the selected products and desired quantities, then proceed by clicking on the "Proceed to Checkout" button.
Prior to clicking on the "Place Order" button, the Customer shall have the opportunity to verify and review the details and total price of their order and to return to previous pages to correct any errors or modify the order as necessary.
The Customer must provide a valid electronic mail address, surname, first name, and telephone number, and select a password in order to create their customer account. The Customer must thereafter provide information concerning delivery address, billing address, and payment method.
5.2 Contract Formation and Confirmation
Confirmation of the order and completion of payment shall constitute acceptance of these T&Cs and shall give rise to the formation of a binding contract between the parties. An electronic mail confirmation acknowledging receipt and payment of the order shall be transmitted by the Seller to the Customer without undue delay.
6. Delivery and Lead Times
6.1 Geographic Scope of Delivery
Deliveries shall be effected by the Seller exclusively within the territory of Switzerland. Customers requiring delivery to destinations outside Switzerland must contact the Seller directly, as certain jurisdictions may impose special customs regulations or commercial representation agreements may exist in particular regions.
6.2 Shipping Method and Carriers
The selection of routing and delivery method shall be at the sole discretion of the Seller. For informational purposes only, deliveries within Switzerland are typically effected through reputable carriers such as Swiss Post or similar service providers. All caviar products are shipped in temperature- controlled packaging to maintain optimal conditions during transit.
6.3 Delivery Address and Procedures
Delivery shall be made to the address designated by the Customer, who undertakes to provide the Seller with an address at which delivery may be accepted during normal business hours (Monday through Friday). In the event that no person is present at the designated address to accept delivery, a notification shall be placed in the Customer's mailbox to enable arrangement of a subsequent delivery attempt with the carrier.
The Seller's obligation consists of the duty to deliver and terminates upon transfer of the goods to the carrier. Following shipment, the risk of accidental deterioration or destruction of the goods shall pass to the Customer. The Seller shall not be held liable for deficiencies or failures attributable to the appointed transport company.
6.4 Delivery Timeframes
Delivery shall be effected on the date selected by the Customer when placing the order (delivery lead times of 24 to 48 hours may be available, subject to product availability and delivery destination).
If the ordered products have not been delivered within fifteen (15) calendar days following the delivery date selected at the time of order placement, and for any cause other than force majeure or circumstances attributable to the Customer, the sale may be cancelled upon written request from the Customer transmitted to the Seller's registered office. Sums paid by the Customer shall thereupon be refunded within fourteen (14) calendar days of the contract cancellation date, without prejudice to any claims for compensation or retention.
6.5 Receipt and Inspection of Goods
Upon delivery of products by the carrier to the address indicated on the purchase order, it shall be the responsibility of the Customer to verify the condition of the delivered products in the presence of the carrier and, in the event of any defect or shortage in quantities, to note such reservations on the delivery receipt or to refuse acceptance of the products and promptly notify the Seller thereof.
7. Legal Guarantee of Conformity and Guarantee Against Hidden Defects
7.1 Duty to Inspect and Notice of Defects
Within the framework of the ordinary course of business, the Customer shall be obligated to inspect the delivered products promptly upon receipt and to notify the Seller immediately of any defects identified. Failure by the Customer to provide such notice shall result in the products being deemed accepted. In all circumstances, acceptance shall be deemed to have occurred if the Customer fails to lodge a claim within eight (8) calendar days of delivery by providing written notice to the Seller.
Defects that could not reasonably have been identified during a proper and diligent inspection conducted in accordance with the preceding paragraph must be communicated to the Seller in writing immediately upon discovery. Otherwise, the ordered products shall be deemed to have been accepted, notwithstanding the existence of such defects.
7.2 Remedies for Non-Conformity
The Seller shall fulfill its guarantee obligations by remedying defects through the delivery of conforming replacement products. Products returned by Customers shall revert to the ownership of the Seller.
In the event that elimination of defects proves unsuccessful or impossible, the Customer shall have the right to cancel the agreement, provided that the defect is not of a minor nature. The Customer shall not have the right to a price reduction. This limitation of liability extends to all competing claims, whether arising from contract (Arts. 97 et seq. of the Swiss Code of Obligations "CO"), tort (Arts. 41 et seq. of the CO), contractual avoidance for error (Arts. 23 et seq. of the CO), or otherwise.
7.3 Product Quality Assurance
The Seller warrants that delivered products receive meticulous care prior to packaging and that delivery is carried out in a manner calculated to ensure optimal preservation of product quality.
Should the Customer not be entirely satisfied with the quality of delivered products, the Seller shall issue a reimbursement if the quality of the products in question has been compromised. In such cases, the Customer must promptly return the product packaging to the Seller for verification purposes.
Notwithstanding the foregoing, the Seller cannot warrant that products will meet the particular taste preferences of any individual consuming the products.
7.4 Customer Storage Obligations
In order to benefit from the guarantees set forth in this Article 7, the Customer undertakes to:
- Store tinned products in a cool, dry location away from direct sunlight;
- Store perishable or semi-preserved products in refrigeration immediately upon receipt, maintaining a temperature between 0°C and +4°C;
- Adhere to all storage instructions provided on product packaging.
7.5 Expiration Dates
No returns or replacements shall be accepted following expiration of the best-before date or use-by date indicated on the product packaging.
8. Limitation of Liability
The Seller shall remain liable for claims resulting from damage caused by the Seller, its legal representatives, or agents in the following circumstances:
- In cases involving death, personal injury, or damage to health;
- In cases of intentional or grossly negligent breach of contractual obligations;
- In cases where an express guarantee has been provided;
- In cases falling within the scope of application of the Swiss Product Liability Act.
With the exception of the mandatory liability circumstances enumerated above (death, personal injury, damage to health, etc.), all liability of the Seller is hereby expressly excluded to the maximum extent permitted by applicable law.
Liability for indirect, incidental, consequential, or ancillary damages is entirely and unconditionally excluded.
9. Intellectual Property Rights
9.1 Protected Content
All visual and audio elements reproduced on the Website, including but not limited to trademarks, textual content, logos, images, graphic designs, audio files, animated graphics (GIFs), video content, software, icons, formatting, databases, and other materials, which constitute the exclusive property of the Publisher, are protected by Swiss and international intellectual property law.
9.2 Prohibition of Unauthorized Use
Accordingly, and unless prior written authorization has been obtained from the Seller, the Customer is strictly prohibited from reproducing, representing, adapting, translating, transforming (whether in whole or in part), or transferring to another website any element of which the Website is composed.
9.3 Infringement and Consequences
Any non-compliance with this prohibition may constitute an act of infringement invoking civil and criminal liability of the perpetrator. The Seller further declares that the creation of any hypertext link to the homepage of the Website or to any other page thereof requires the express, written, and prior authorization of the Seller.
10. Governing Law and Jurisdiction
10.1 Applicable Law
Unless otherwise agreed in writing, these T&Cs and any agreements entered into pursuant thereto shall be governed by and construed in accordance with the substantive laws of Switzerland, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) dated 11 April 1980 shall not be applicable.
10.2 Jurisdiction and Dispute Resolution
The parties agree to endeavor in good faith to resolve any disputes arising between them through amicable settlement. For any dispute arising out of or in connection with these T&Cs, the courts of Zug, Switzerland, shall have exclusive jurisdiction, subject to any mandatory statutory provisions to the contrary.
Last Updated: October 2025
Version: 1.0