General Terms and Conditions

11 June 2024

We do our best to keep you as satisfied as possible and to maintain an uncomplicated and personal relationship with you. Nevertheless, we would like to present the following terms and conditions in the most beautiful legal jargon.

1. Scope of application

These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts between Essento Food AG (hereinafter also referred to as "we" or "Essento") and its customers (hereinafter also referred to as "you" or "customer"). All verbal and telephone agreements must be confirmed in writing in order to be binding. The requirement of written form is also fulfilled if a declaration is contained in an e-mail.

We offer our products in the online shop exclusively to end consumers domiciled or resident in Switzerland; they are not intended for resale.

2. Conclusion of contract

All persons who are not restricted in their legal capacity at the time the contract is concluded are authorised to conclude a contract with Essento. Essento's offers on the Internet represent a non-binding offer to the customer to order goods in the online shop. By ordering goods from Essento on the Internet, the customer submits a binding offer to conclude a purchase contract. Essento is entitled to accept this offer within 10 working days by sending an order confirmation. The order confirmation and delivery of the invoice will be sent by e-mail, but at the latest upon delivery of the goods. We are free to decide whether to accept an order. If we do not fulfil an order, we will inform the customer immediately. If a product is no longer available, we will also inform the customer immediately. In both cases, no contract is concluded. The order confirmation, which is automatically sent to the customer immediately after the order, as well as the acceptance of a telephone order, do not constitute a legal acceptance on our part. The automatic e-mail notification is merely a confirmation of receipt. If the 10-day period expires without a response, the offer is deemed to have been rejected and a contract is not concluded.

3. Delivery

All items will be delivered immediately after the order confirmation has been sent, provided they are available from stock and subject to a successful identity and credit check. If you notice any damage to the parcel, please inform the postman immediately and contact us at hallo@essento.ch.

The delivery time for stock items is 2 working days, unless otherwise stated in the online shop. The delivery time is not binding unless otherwise agreed in writing.

If an item is not available at short notice, we will inform the customer as soon as possible by e-mail about the expected delivery time, provided we have an address. We reserve the right to make partial deliveries insofar as this serves the efficient processing of the overall delivery. In this case, no additional shipping costs will be charged for the subsequent delivery.

Delivery will be made to the delivery address specified in the order. We only deliver to customers in Switzerland. Deliveries abroad are not possible. The customer is responsible for accepting the delivery. Should a delivery problem occur due to the customer not accepting the goods on time and the goods possibly spoil or become inedible as a result, we accept no liability for this. A refund or a claim for replacement is excluded in such a case. If the goods cannot be successfully delivered after two delivery attempts, they will be returned to us. If the customer then requests a new delivery, Essento reserves the right to charge CHF 20.00 for the additional effort involved.

In the event of delays in delivery due to events for which Essento is not responsible, such as force majeure, traffic disruptions or restrictions due to official orders, no claims for damages can be asserted against Essento. If the delivery is delayed or omitted due to the fault of Essento's suppliers (impossibility), Essento shall not be liable for this.

If the delivery is delayed or omitted due to the fault of Essento's suppliers (impossibility), Essento shall not be liable for this.

4. Prices

All prices stated in the online shop are final prices that include all taxes (in particular VAT) and all other possible charges, fees or costs. The only exception to this is shipping costs of CHF 9.00, which are charged by Essento if the order total is less than CHF 80.00. If the information in the online shop is updated (e.g. price, packaging size, quality of the goods, etc.), previous information is no longer valid. Errors and misprints excepted. The price shown at the time the customer submits the offer is decisive for invoicing.

5. Payment

Only the payment options specified in the order process are available to the customer. By clicking the "Submit order" button, the order becomes binding for the user and must therefore be paid for immediately. You can select different payment methods. If the payment cannot be made, we must be informed immediately by e-mail or phone call. Essento reserves the right to exclude customers from individual payment options without giving reasons or to insist that the customer pay in advance.

The outstanding claim amount plus any reminder fees and interest can be assigned to a third party for the purpose of collection. Furthermore, the customer is obliged to reimburse all costs incurred by Essento or the third party commissioned with the collection due to the default in payment.

6. Money-back guarantee

The customer has the option of returning the products within 10 days, with the right to a refund of the purchase price. The period begins after receipt of the goods. The right to the money-back guarantee only applies if the product has been used up to no more than one third of its original content and if the document downloadable from the following link has been completed. The document contains all further details for proper fulfilment. The customer bears the costs for the return shipment.

Download here: Money-back guarantee form

The money-back guarantee applies to all products and bundles, but only for first-time buyers. After successful return of the goods within the period of 10 days and if all the above conditions are met, the full purchase price will be refunded.

7. Retention of title

We retain full title to the ordered goods until they have been paid for in full. Essento is authorised to make a corresponding entry in the retention of title register. If you are in breach of contract, in particular if you do not fulfil your payment obligation despite a reminder from us, we can withdraw from the contract after setting a reasonable deadline and demand the return of the goods still in your possession. In this case, we are authorised to dispose of the goods once we have received them back. If the customer is in arrears with any payment obligations to us, all existing claims shall become due immediately. The corresponding security rights are transferable to third parties.

8. Warranty

If the delivered goods are defective at the time of the transfer of risk or if there is an incorrect delivery, we shall provide a replacement delivery if possible. If the replacement delivery fails, you can demand cancellation of the purchase.

The customer undertakes to inspect the goods upon receipt for any defects and to inform Essento immediately if such defects are discovered. Should the customer discover at a later date that the goods are defective, he is obliged to inform Essento immediately upon discovery. If the customer fails to report a defect, the goods are deemed to be approved.

Defects that the customer has caused himself through improper or non-contractual handling of the goods do not count as defects in the goods.
If subsequent fulfilment in the sense of replacement delivery has taken place, the customer is obliged to return the initially delivered goods to the online shop within 30 days. The deadline is met if you send the goods before the expiry of the 30-day deadline (postmark). If the deadline is not met, Essento reserves the right to claim damages.

There is no general right to return faultless and correctly delivered products. The warranty is explicitly excluded for products whose intrinsic quality (e.g. flavour quality) does not meet the customer's requirements, products that have spoiled due to improper handling by the customer and products ordered by mistake.

9. Liability

Our liability for our own fault is limited to intent and gross negligence, irrespective of the legal grounds. Liability for auxiliary persons, loss of profit, unrealised savings, recourse claims by third parties and for all indirect and consequential damages is excluded.

10. Data protection

The collection and processing of your personal data by us is explained in the privacy policy. The privacy policy is available at https://essento.ch/policies/privacy-policy

11. Information on nutrition and health

Even if Essento communicates general information about health and nutrition on its website, in social media and in other information materials, this is not to be equated with medical advice and is not designed to meet specific, personal needs. This information is not intended to be complete or accurate and is in no way a substitute for medical or pharmaceutical advice from a healthcare professional.

No liability is accepted for damages of any kind arising directly or indirectly from the application or use of the information.

12 Place of jurisdiction

Unless the law provides for another mandatory place of jurisdiction, the place of jurisdiction is the registered office of Essento. Swiss law shall apply to all disputes that may arise from this legal relationship, excluding the conflict of laws rules. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

13. Severability clause

By placing an order, the customer recognises the General Terms and Conditions of the online shop. Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes as close as possible to the legal and economic content of the cancelled provision. Verbal agreements must be confirmed in writing to be valid.

Contact us

If you have any questions about the General Terms and Conditions, please contact us:

Essento Food AG
Aargauerstrasse 3
8048 Zurich
hallo@essento.ch