With regard to\nelectronic commerce (e-commerce), the law applies in Switzerland.\nFederal Act against Unfair Competition (LCD; SR 241) and the Ordinance on the Indication\nof prices (OIP; RS 942.211). In the European Union, electronic commerce is\nregulated by the Consumer Rights Directive (Directive\n2011\/83\/EU) and the directive on electronic commerce (Directive 2000\/31\/EC)<\/p>\n\n\n\n
These\nconditions of sale govern the sale of products marketed by AIFB\nEDOARDO GUZZI. All contracts for the purchase of products concluded, through the\nsite aifb.wpmudev.host and according to the procedures indicated therein, between the seller and\nthe Customer, shall be governed by these General Conditions.<\/p>\n\n\n\n
I. Subject<\/p>\n\n\n\n
1.1
AIFB EDOARDO GUZZI runs a consulting business for entrepreneurs in the restaurant industry.
Providing clients with consultations, telephone, online and on-site, catering products and other (hereafter referred to by the cumulative name \"products and services\").
Customer satisfaction(hereinafter referred to as \"customers\") is our priority and our goal is to provide our customers with exceptional service.
Customers will be able to purchase through different sales channels (item 1.2) products and services.<\/p>\n\n\n\n
AIFB EDOARDO\nGUZZI makes possible the conclusion of direct contracts between partners (hereinafter\nhereinafter referred to generically as \"partners\") and clients.<\/p>\n\n\n\n
1.2
\nThe subject of these GTC is the use of services made possible by AIFB EDOARDO\nGUZZI to customers through the following sales channels: the Internet sites and\ne-commerce(Internet sites,e-commerce are hereinafter referred to as \"web shop\").\naifb.wpmudev.host and aifb.ch, the partner websites, web apps and other made\navailable through AIFB EDOARDO GUZZI (partner Internet sites, web apps and others are hereinafter referred to as \"sales channels\"). By using\nof the respective services you accept these Terms of Use. It is possible that AIFB\nEDOARDO GUZZI requires customers to repeat their acceptance of the GTC.\nby clicking on the respective confirmation field in order to make use of the individual\nservices.<\/p>\n\n\n\n
1.3
\nThe use of personal information is governed by the privacy statement\npolicy. The privacy policy statement is an integral and binding part of the\nthese GTC. <\/p>\n\n\n\n
II. Services<\/p>\n\n\n\n
2.1
\nThe conditions of AIFB EDOARDO GUZZI accessible through web shops and other\nsales channels apply to all products and services. AIFB EDOARDO GUZZI may.\nat any time change the range of products and services offered or\nsuspend the provision of products and services.<\/p>\n\n\n\n
2.2
\nThrough its sales channels, AIFB EDOARDO GUZZI makes it possible to conclude\nof contracts between customers and third parties. In this context, AIFB EDOARDO GUZZ acts\nas an agent of a third party, and is therefore not a business partner of the customer. The\nproduct\/service purchase contract is concluded exclusively between the\ncustomer and third party, according to these GTC and the conditions of the partner.<\/p>\n\n\n\n
2.3
\nBy using products and services of AIFB EDOARDO GUZZI's partner companies such as\nfor example ...., the customer accepts the applicable general conditions of\ncontract and\/or\/or the conditions of use of the aforementioned partner companies. <\/p>\n\n\n\n
III. Stipulation of the contract<\/p>\n\n\n\n
3.1\nCustomer order<\/p>\n\n\n\n
3.1.1
\nThe summary of available products and services made available in the channels of\nsale has the sole purpose of inviting the customer to make an offer\nof purchase. The customer makes his choice through the sales channel. The\nchoice made will be displayed in the shopping cart (web shop) or will be\ncommunicated to the customer (purchase by phone or in person). With the confirmation\nof the order, the customer submits a binding offer to purchase products\nor services selected. The customer is obliged to communicate correctly and\ncompletely all the necessary data for ordering procedure.<\/p>\n\n\n\n
3.2\nRegistration<\/p>\n\n\n\n
3.2.1
\nTo place an order online, the customer will need to log into the\nweb shop with his\/her user name or e-mail address as well as his\/her\nhis password (hereinafter referred to as \"login data\"; the respective account\nuser will be referred to as the \"online account\"). If the customer does not have\nan online account yet, he\/she will be asked to register in the web shop with the respective user account when placing his\/her first online order.\ninvited to register in the web shop with the necessary data.<\/p>\n\n\n\n
3.2.2
\nAccess data transmitted to the client is intended for personal use by the\nclient and must be treated confidentially. All orders\nplaced through the online account will be attributed to the customer as the\nholder of the online account and will be binding on him.<\/p>\n\n\n\n
3.3 Confirmation\nof order
\nIn the case of ordering through web shops or if the customer communicates his\/her\ne-mail address by phone, the customer, at the conclusion of the procedure\nof ordering, will receive via e-mail or SMS a confirmation of the order\nitself. It is expressly understood that such confirmation does not yet constitute\nan acceptance of the offer by AIFB EDOARDO GUZZI.<\/p>\n\n\n\n
3.4\nAcceptance through AIFB EDOARDO GUZZI on behalf of the partner
\nThe contract for the purchase of a product and service, between the customer and the partner,\nshall be deemed entered into only at the time when the customer receives the product\nand service, has access to it or it is delivered. The shipment, making\nprovision, delivery or enablement will take place only upon receipt\nof the customer's payment at AIFB EDOARDO GUZZI, regardless of the type of\nof payment.<\/p>\n\n\n\n
IV. Forwarding of products and services<\/p>\n\n\n\n
4.1\nGeneralities<\/p>\n\n\n\n
4.1.1
\nThe forwarding or shipment of products and services will take place, depending on the choice\nmade by the customer during the ordering process, in physical form to the postal address indicated by the customer,\nvia e-mail with download link, via SMS with link to the cell phone number\nindicated by the customer.<\/p>\n\n\n\n
4.1.2
\nThe customer is required to check the products and services as soon as he\/she has\nreceived them. Particularly in the case of personalized products and services, the\nseller of the products and services is required to check that the personal data\nshown on the products and services have been filled out correctly. The\ncustomer must notify AIFB EDOARDO GUZZI within 3 working days of any\nany damage to the products and services, or non-compliance with what was\nordered, of the products and services transmitted by mail or electronically.\nShould the customer fail to do so, the products and services\nforwarded shall be deemed accepted (Art. 201 OR).<\/p>\n\n\n\n
4.1.3
\nUse and risks pass to the customer upon shipment from the AIFB office\nEDOARDO GUZZI (art. 74, paragraph 2, number 2 OR). The customer is responsible for the\nsafe custody of the products and services. The replacement of products\nand services that are damaged or lost, subject to the provisions of 10.3.<\/p>\n\n\n\n
V. Prohibition of resale<\/p>\n\n\n\n
It is prohibited\nany resale of the purchased products and services, especially for\ncommercial or profit-making purposes. Any violations may result in the\nloss of benefits related to the purchased products and services, and may\ngenerate indemnification and profit restitution claims to be asserted against\nagainst the original purchaser of products and services and the purchasers of the\nproducts and services. Persons who violate the above provisions may\nbe excluded from purchasing products and services. <\/p>\n\n\n\n
VI. Pricing<\/p>\n\n\n\n
6.1
\nThe prices of products and services accessible through the sales channels\nand\/or indicated or communicated therein shall be understood to include VAT. (where applicable)<\/p>\n\n\n\n
6.2
\nThe sales price displayed in the web shop includes the price of the product and\nservice set by the partner plus service charges, net of any\npayment and shipping charges. The charges applicable to the individual channel of\nsale, related to the type of shipment and\/or\/or the type of payment, will be\ndisplayed in the shopping cart or communicated to the\ncustomer during the ordering process. <\/p>\n\n\n\n
VII. Payment<\/p>\n\n\n\n
Ordering\nby phone or online
\nIn the case of telephone and online ordering, payment will be made by charging\nto the credit card indicated during the ordering process or\ndeposited in the \"My Account\" area (Eurocard\/MasterCard, Visa,\nAmerican Express), by Postfinance payment (Postfinance Card, Postfinance\nE-Finance) or, exclusively for buyers of products and services with\nresidence in Switzerland or the Principality of Liechtenstein, with payment\nprepayment or Sofortbanking (e-banking). In the case of prepayment, the\npayment must be made within 5 working days from the date of the order, in the\ncase of electronic invoice within 2 working days from the date of the order.\nThe date of the payment order is decisive for compliance with the deadline. AIFB\nEDOARDO GUZZI is free to decide which forms of payment to allow and\nwhether\/when any products and services not paid for by the deadline\nwill be put back on sale. <\/p>\n\n\n\n
VIII. Return, refund, transfer and replacement<\/p>\n\n\n\n
8.1\nGeneralities
\nThe contractual partner dellclient purchaser of products and services,\nresponsible for the realization of the event for which AIFB EDOARDO GUZZI has\nacted as intermediary and\/or\/or for the provision of the product\nand service, is the individual partner. On the possibility, conditions and\nmanagement of any returns and refunds or replacements of\nproducts and services purchased for individual events will therefore be decided\nexclusively the partner and in no case AIFB EDOARDO GUZZI.<\/p>\n\n\n\n
8.2\nTransfer of personalized products and services to another person
\npartner will be the sole decider of whether and under what conditions the products and services\ncustomized may be transferred to another person. If the\ntransfer is permitted, only the first purchaser will be able to have the\ntransfer.<\/p>\n\n\n\n
8.5 Management\nof return and refund<\/p>\n\n\n\n
8.5.1
\nIf the partner consents to the return and refund of products and\nservices as well as management in accordance with this Section 9.5, the customer shall be\nentitled to a refund of the price of the products and services under the conditions herein\nstipulated.<\/p>\n\n\n\n
8.5.2
\nThe customer shall return\/return the product and service to the place\nof purchase no later than 30 days from the date of purchase. AIFB EDOARDO\nGUZZI. After 30 days from the date of purchase of the product and service, the\ncustomers of products and services should contact the partner directly. It will be\nthen the latter to decide on how to handle the return and refund.<\/p>\n\n\n\n
8.5.3
\nProducts and services purchased by telephone or online must be\nreturned to the address indicated by AIFB EDOARDO GUZZI. In the case of payment\nby credit card, Postfinance or Sofortbanking, AIFB EDOARDO GUZZI will re-credit\nwithin four weeks the respective amount to the credit card or account\nused for the payment. In the case of prepayment, the sum will be\ncredited to the bank or postal account indicated by the client. For this purpose AIFB\nEDOARDO GUZZI requires the following data: bank\/post office (name,\nlocation), bank clearing number, IBAN, account number and account holder\nof the account (last name, first name).<\/p>\n\n\n\n
IX. Warranty<\/p>\n\n\n\n
9.1
\nAIFB EDOARDO GUZZI provides its services within the scope of its resources\ncompany and foreseeable requirements in an accurate and professional manner, within the\nlimits insofar as the above is not rendered impossible due to causes not the\nresponsibility of AIFB EDOARDO GUZZI.<\/p>\n\n\n\n
9.2
\nThe customer is aware that AIFB EDOARDO GUZZI provides its services through the Internet\nand\/or\/or using communication networks. In particular due to anomalies\ntechnical anomalies, malfunctions as well as anomalies or interruptions of the\ncommunication networks or due to out of service of IT infrastructure,\nof call center lines or other elements of the infrastructure necessary\nfor the performance of services, there may be transient limitations or\ninterruptions in the performance of the services of AIFB EDOARDO GUZZI. AIFB EDOARDO\nGUZZI therefore does not guarantee that its services will be available\nuninterruptedly and without anomalies. <\/p>\n\n\n\n
X. Responsibilities<\/p>\n\n\n\n
10.1
\nIn case of breach of its contractual obligations arising from the\nthese GTC, AIFB EDOARDO GUZZI shall be towards the client unlimitedly\nliable for direct and proven damages that have been caused by AIFB\nEDOARDO GUZZI with intentions contrary to the law or through gross negligence.<\/p>\n\n\n\n
10.2
\nLiability for slight negligence and for indirect or\nconsequential is expressly excluded. Consequential damages include in particular.\nin particular loss of profit, damage to reputation and loss of data caused\nby a temporary limitation or interruption of the availability of the\nservices of AIFB EDOARDO GUZZI as well as caused by interruptions in the channels of\ndistribution, transmission errors, delayed delivery of products and services,\nerrors in the indication of prices or services and errors in confirmations of\nreservations. Any liability of AIFB EDOARDO GUZZI is also excluded for.\nthe contents of websites of partners and other third parties that refer to the web shops of AIFB\nEDOARDO GUZZI or to which the web shops of AIFB EDOARDO GUZZI refer.<\/p>\n\n\n\n
10.4
\nAIFB EDOARDO GUZZI is unable to control the completeness, correctness\nand legitimacy of the product and service by AIFB EDOARDO GUZZI on behalf of\nbehalf of the partner as well as the latter's services, and disclaims any\nresponsibility in this regard.<\/p>\n\n\n\n
10.5
\nIn addition, AIFB EDOARDO GUZZI is unable to verify whether the partner fulfills\ncorrectly and completely its performance obligations arising from or\nthe context of the existing contract between the partner and the individual purchaser of\nproducts and services. For any breaches of contract, such as in particular\nfor insufficient organization or execution of the consultancy, for a\ntermination of consulting in violation of the contract, for insufficient quality\nof services as well as for any violations of obligations by the purchaser\npurchaser of the products and services during participation in the consultations,\nwill be responsible exclusively for the partner and\/or lclient purchaser of products\nand services, and in no case AIFB EDOARDO GUZZI. This exclusion of\nliability also applies to para-contractual and extra-contractual claims\nthat may arise between the purchaser of the products and services and the\npartner in the context of the execution of the contract, in particular\nof the performance of the consulting and\/or even the use of the services rendered by the partner.<\/p>\n\n\n\n
10.6
\nThe above exclusions and limitations of the liability of AIFB EDOARDO GUZZI\ndo not apply in case of death, injury and damage to health caused\ndirectly and culpably by AIFB EDOARDO GUZZI, as well as in the case of\nbinding legal provisions, including the provisions of the\nProduct Liability Act. <\/p>\n\n\n\n
XI. Responsibilities of the customer purchaser of products and services<\/p>\n\n\n\n
11.1<\/p>\n\n\n\n
The client\npurchaser of the products and services is towards AIFB EDOARDO GUZZI\nunlimitedly liable for direct and proven damages that have been\ncaused with intent contrary to law or through gross negligence. The\nliability of the customer towards AIFB EDOARDO GUZZI for negligence\nslight is excluded.<\/p>\n\n\n\n
11.2
\nThe customer shall reimburse AIFB EDOARDO GUZZI for any costs that\narise in the context of unauthorized or illegitimate use of the password\nof the password of the customer purchaser of the products and services and\/or from the use\ninaccurate use. <\/p>\n\n\n\n
XII. Property\nintellectual<\/p>\n\n\n\n
The web shops\nas well as all contents accessible through the web shops of AIFB EDOARDO GUZZI\n(hereinafter \"contents\") are protected by the provisions on the rights\ncopyright and, unless otherwise agreed, are the exclusive and complete\nproperty of AIFB EDOARDO GUZZI. Web shops may contain indications\nrelating to third party rights of use and protection that shall be\nrespected by the customer purchasing products and services. The following is not allowed\nreproduction (complete or in part), distribution, transmission\n(electronic or by other means), modification, linking or use of the\ncontent for public or commercial purposes without the prior written consent of AIFB\nEDOARDO GUZZI. <\/p>\n\n\n\n
XIII. Final Provisions.<\/p>\n\n\n\n
13.1
\nPlace of performance of the services of AIFB EDOARDO GUZZI, delivery of products and\nservices included, is the headquarters of AIFB EDOARDO GUZZI.<\/p>\n\n\n\n
13.2
\nClient waives offset of its claims against AIFB\nEDOARDO GUZZI.<\/p>\n\n\n\n
13.3
\nAIFB EDOARDO GUZZI reserves the right to amend these GTC at\nany time. The amendments will be made accessible on the website of AIFB\nEDOARDO GUZZI and will come into force when they are published\nonline.<\/p>\n\n\n\n
13.4
\nIf an individual provision or several provisions of these GTC\nis\/are or becomes void or unenforceable, this shall not affect the\nvalidity and enforceability of the other provisions of these GTC or\non the purchase of the ticket. In such case, the parties shall replace the\ninvalid or unenforceable provision with a valid and enforceable provision\napplicable one that from an economic point of view is more similar to the one to be\nreplace. The same applies by analogy in the event that these GTC\nhave any legal loopholes.<\/p>\n\n\n\n
13.5
\nThese GTC and any disputes that may arise from or in the\ncontext of the relationship between AIFB EDOARDO GUZZI and the client, the following shall apply\nexclusively Swiss law, to the exclusion of the provisions on the\nconflict of laws and the UN Convention on Contracts concerning the\nInternational Sale of Goods (CISG).<\/p>\n\n\n\n
13.6
\nExclusive jurisdiction for all disputes between AIFB EDOARDO GUZZI and the customer\npurchaser of the products and services is the registered office of AIFB EDOARDO GUZZI. In\nalternative, AIFB EDOARDO GUZZI may sue the customer at the place of\nresidence of the latter.<\/p>\n\n\n\n
XIV. Resolution\nonline dispute resolution<\/p>\n\n\n\n
I\nconsumers in the European community can also use the\nofficial made available by the European Community at the following link:<\/p>\n\n\n\n