Terms and conditions
Last revision: 14.09.2023
These Terms :
(1) This website (the "Site") and/or services, including any mobile applications connected thereto (collectively the "Services") and any offer or sale of products (the "Products") through the Site, are owned and operated by ECKENSTEIN & CO AG (hereinafter also referred to as "we", "us" or "our"). These Terms of Business (the "Terms") set forth the terms and conditions under which visitors or users (collectively, the "user" or "you") may visit or use the Site and/or Services and purchase Products.
(2) By accessing or using the Services, you acknowledge that you have read and agree to be bound by these Terms. If you do not agree to all of the Terms, you may not access the Site or use any of the Services. Please read these Terms carefully before accessing or using our Site or Services or purchasing any Products. In these Terms, you will find out who we are, how we sell you our Products, how you can cancel the purchase agreement and what you can do if you have a problem.
(3) You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, to use the Services and to purchase Products. If you are under the age of majority, you may only use the Services or purchase Products with the consent of your parent or legal guardian.
(4) This site is published by ECKENSTEIN & CO AG, 1422 GRANDSON, SWITZERLAND.
The publishing director can be contacted by e-mail here.
This site is hosted by Wix.com
These Conditions are provided in the French language. In the event of any discrepancy between the French version of this document and any of its translations, the French version shall prevail.
These conditions govern the entire relationship between ECKENSTEIN & CO. AG and its customer, both parties accepting them without reservation. The customer acknowledges having read the present terms and conditions of sale prior to placing an order. He/she expressly declares that he/she accepts them without reservation, and this applies to all goods sold on all ECKENSTEIN & CO. AG websites: www.eckensteinag.ch, brewland.ch, malt-houblon.ch, malt-houblon.com, www.maltethoublon.ch, www.hopmalt.ch, brassage-biere.ch, eckenstein.shop or any other ECKENSTEIN & CO AG website.
To use our Site and/or take advantage of our Services, you must be at least 18 years old, or have reached the legal age of majority in your country, and have the legal authority, right and power to sign these Terms as a binding agreement. You are not authorized to use this Site and/or take advantage of our Services if this is prohibited in your country, or by any law or regulation applicable to you.
In addition, before placing and confirming an order, you must read and accept these Terms.
You can download and print these Terms.
Description of Products
You must carefully read the description of the Services and/or Products before placing an order. The description of the Services and/or Products presents the essential characteristics of the Services and/or Products, in accordance with Article L. 111-1 of the French Consumer Code. These descriptions are designed to provide you with the fullest possible information on these characteristics, without being exhaustive. The photographs, drawings and descriptions of the Products and/or Services are provided for information purposes only and are not binding on us.
Please refer to the information and instructions for use on the packaging, labels and accompanying documents. We cannot be held responsible for any damage resulting from non-compliance with these instructions for use of the Products and/or Services provided on our website. The customer undertakes to comply strictly with the instructions and recommendations for use and storage of the products. ECKENSTEIN & CO. AG shall in no event be held liable for the use or storage of products under conditions that do not comply with the relevant instructions and recommendations.
Purchase of Products
Any purchase of Products is subject to the Terms and Conditions applicable at the time of such purchase.
(2) When purchasing a Product: (i) it is your responsibility to read the complete list of items before committing yourself to purchase them; and (ii) placing an order on the site (by completing the payment procedure by pressing the "Buy" button or a similar button) may lead to a legally binding contract for the purchase of the Product concerned, unless otherwise specified in these Conditions. By placing an order on the websites, the customer makes an offer to purchase the products selected on these websites. Eckenstein & Co. AG reserves the right to accept or reject any offer at its discretion.
(3) You can choose from our selection of Products and place the products you intend to purchase in a shopping cart by clicking on the corresponding button. The prices we charge are shown on the Site. We reserve the right to change our prices or correct any pricing errors that may inadvertently occur, at any time. These changes do not affect the price of Products you have already purchased. At checkout, you will be presented with a summary of all the Products you have placed in your shopping cart. This summary includes the essential characteristics of each Product, as well as the total price of all Products, the applicable value-added tax (VAT) and shipping costs, as applicable. The payment page also gives you the opportunity to check and, if necessary, modify or remove Products, or modify quantities. If necessary, you can also identify and correct input errors using the edit function before making your order definitively binding. Any delivery time indicated applies from receipt of your payment of the purchase price. By pressing the "Buy" button, you are placing a binding order to purchase the Products advertised at the price and with the shipping charges indicated. To complete the order process by clicking on the "Buy" button, you must first accept these Conditions as legally binding for your order by ticking the relevant box.
(4) We will then send you a confirmation of receipt of your order by e-mail, in which your order will again be summarized and which you can print out or save using the corresponding function. Please note that this is an automatic message which merely documents the fact that we have received your order. It does not indicate that we accept your order.
(5) The legally binding contract for the purchase of the Products is concluded only when we send you a notice of acceptance by e-mail or deliver the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method for your order and you have chosen it, if a payment process is initiated immediately after submission of your order (e.g. electronic money transfer, or instant bank transfer via PayPal, or other similar payment method). In this case, the legally binding agreement is concluded when you complete the order process, as described above, by pressing the "Buy" button.
(6) You can save your preferred payment method for future use. In this case, we will store your payment credentials in accordance with applicable industry standards (e.g. PCI DSS). You will be able to identify your stored card by its last four digits.
By placing an order on the websites, the customer makes an offer to purchase the products selected on these websites. Eckenstein & Co. AG reserves the right to accept or reject any offer at its own discretion.
If the Customer/Purchaser has not paid the ECKENSTEIN & CO AG invoice within 30 days, he will be liable to a reminder fee of CHF 30.
Products
Concerning MALT: The merchandise (malt) has been imported at a reduced rate of duty. It may only be used in the manufacture of beer. Any change in use must be notified in advance to the General Directorate of Customs, and the difference in customs duties must be paid retrospectively (art. 14 and 26 LD).
The VAT rate is 2.5%, in accordance with VAT & Customs guidelines. Minimum order is 1 bag, 25 Kg.
Hops: VAT rate is 2.5%, according to VAT & Customs guidelines.
Minimum order is 1 bag, 5 Kg.
ECKENSTEIN & CO. AG shall not be held liable for any damage arising from the use or non-use of the products sold (Malt & Hops). Prices are given in Swiss Francs. The prices indicated on the pages do not include transport and VAT (2.5% for malt and 2.5% for hops). In the event of a product price error, ECKENSTEIN & CO. AG reserves the right to modify the price, offering the customer the option of cancelling the order if the new price is not acceptable. ECKENSTEIN & CO. AG reserves the right, which the customer accepts, to modify prices at any time, without any further formality other than posting the modifications on the site. However, such changes will not affect orders confirmed by ECKENSTEIN & CO. AG has confirmed before these changes come into effect, subject to the availability of the products ordered.
Product delivery
We can only deliver our products within Switzerland. Hops are sent by Swiss post or combined with collection or delivery by truck.
Malt is delivered in Switzerland only, by lorry, with delivery costs billed additionally to the customer. Alternatively, malt can be collected from Orbe for a fee of 30.00, which drops to 0.00 once the order value of 400 CHF is exceeded.
Delivery rates and times vary according to the type of Products ordered, the delivery address and the delivery method chosen.
The applicable rates and delivery times will be communicated to you before you confirm your order.
Any order may be cancelled unilaterally by ECKENSTEIN & CO AG and reimbursed to the customer within 7 days. As a general rule, all orders are payable at the time of ordering or within a maximum of 15 days from date of invoice.
When placing an order, the customer has a choice of three ways of collecting the goods:
1) Delivery by post for hops. Shipping costs are at the customer's expense and will be invoiced by ECKENSTEIN & CO AG.
2) Pick-up at 1350 ORBE, free of charge for orders over CHF 400, otherwise an additional charge of CHF 30 will be added.
3) Have the goods delivered by truck. In this case, you will have the possibility to cancel the order if the delivery rate communicated after the order finalization does not suit you.
No guarantee, no return possible on all products
Coupons, gift cards and other offers
We may from time to time offer coupons, gift cards or discounts and other offers (the "Offers") in respect of our Products. These Offers are valid only for the period of time that may be indicated on the Offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.
Refund and return policy
You have no right to a refund or return. All purchases are final and must be paid for.
In addition, please note that the following Products cannot be returned:
Product warranty
There is no warranty on all products sold by ECKENSTEIN & CO AG (malt and hops).
Member account
(1) In order to access and use certain sections and features of our Site, you must first register and create an account ("Member Account"). You must provide accurate and complete information when creating your Member Account.
(2) If anyone other than you accesses your Member Account and/or any of your settings, they will be able to perform all actions available to you, including making changes to your Member Account. Therefore, we strongly encourage you to keep your Member Account login information secure. All such activities shall be deemed to have taken place in your name and on your behalf, and you shall be solely responsible for all activities that take place on your Member Account, whether or not you have specifically authorized them, and for all damages, expenses or losses that may result from such activities. You shall be liable for activities carried out on your Member Account in the manner described if you have negligently permitted the use of your Member Account by failing to take reasonable care to protect your login credentials.
(3) You may create and access your Member Account through a dedicated web page or by using a third-party platform such as Facebook (the "Social Network Account"). If you register through a third-party platform account, you authorize us to access certain information about you that is stored in your Social Network Account.
(4) We may temporarily or permanently terminate or suspend your access to your Member Account without liability in order to protect ourselves, our Site and Services or other users, including if you violate any provision of these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. We may do so without notice to you if circumstances require immediate action, in which case we will notify you as soon as reasonably practicable. In addition, we reserve the right to terminate your Member Account without cause, by giving you two months' notice by e-mail, if we terminate our Member Account program or for any other reason. You may stop using your Member Account and request its deletion at any time by contacting us.
Intellectual property rights
(1) Our Services and related content (and any derivative works or enhancements thereof), including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentation, trademarks, service marks, trade names and trade dress and interactive features, and all intellectual property rights therein, are owned by or licensed to Us (collectively, "Our Intellectual Property"), and nothing herein grants You any rights in connection with Our Intellectual Property. Except as expressly provided herein or as required under mandatory provisions of applicable law for use of the Services, you will not acquire any right, title or interest in Our Intellectual Property. All rights not expressly granted in these terms are expressly reserved.
(2) If the Products include digital content such as music or videos, the rights indicated for such content on the Site will be granted to you.
Disclaimer of warranty for use of the Site and Services
The Services, Our intellectual property and all documents, information and content provided in connection therewith which are made available to any user free of charge are provided on an "as is" and "as available" basis, without warranty of any kind, either express or implied, including any warranty of fitness for a particular purpose and any warranty regarding the security, reliability, timeliness, accuracy or performance of our services, except in the case of malicious non-disclosure of defects. We do not warrant that our free Services will be uninterrupted or error-free, or that they will meet your requirements. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or updates. The warranty on Products purchased from us, as set out in the "Product Warranty" section above, will not be affected.
Images and illustrations provided free of charge by :
Freepik.com, various authors including Artbutenkov
unsplash.com, various authors including Markus Spiske
Indemnification
You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or related to your use of the Site and Services in violation of these Terms, including in particular any use that violates the limitations and requirements set forth in these Terms, except to the extent that such circumstances are not caused by your fault.
Limitation of liability
To the fullest extent permitted by applicable law, we disclaim all liability for any amount or type of loss or damage that may result to you or any third party (including any direct or indirect loss and any loss of revenue, profits, goodwill, data, contracts, as well as any loss or damage resulting from, or related to, business interruption, loss of opportunity, loss of anticipated savings, waste of management or office time, even if foreseeable, in connection with (i) this Site and its contents, (ii) the use, inability to use or the results of the use of this Site, (iii) any website linked to this Site or the materials on such linked websites.
We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure results from any cause beyond our reasonable control and/or force majeure as defined in Article 1216 of the French Civil Code.
ECKENSTEIN & CO. AG under this contract shall not be liable for any loss of revenue, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind whatsoever arising out of or caused by tort (including negligence), breach of contract or otherwise. ECKENSTEIN & CO. AG shall not be liable for any loss or damage suffered by the customer as a result of its delay in performing any of its obligations or its failure to perform any or all of its obligations under the contract, where such delay or failure is due to a circumstance beyond its control. ECKENSTEIN & CO. AG undertakes to perform its obligations as soon as possible. ECKENSTEIN & CO. AG cannot be held liable for damages of any kind, whether material, immaterial or bodily, which may result from malfunction or misuse of the products marketed. ECKENSTEIN & CO. AG shall in any event be limited to the amount of the order, and shall not be held liable for any errors or omissions despite the precautions taken in the presentation of the products.
For all cases not governed by the present conditions of sale, the French Code of Obligations shall apply.
Modification of Conditions or Services; interruption
(1) We reserve the right to modify these Conditions whenever necessary, at our sole discretion. You should therefore consult them regularly. If we materially change these Terms, we will notify you that substantial changes have been made. Your continued use of the Site or our Service following any such change will constitute your acceptance of the new Terms. If you do not agree to any of these Terms or any future version of the Terms, do not access or use the Site or the Service.
We may modify the Services, discontinue providing the Services or any features of the Services we offer, or create limits on the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without liability. We will give you reasonable notice if it is practicable in the circumstances to do so, and we will take reasonable account of your legitimate interests in taking any such action.
Links to third-party sites
The Services may include links that take you away from the Site. Unless otherwise stated, linked sites are not under our control and we are not responsible for their content, any links they may contain, or any changes or updates to them. We are not responsible for any transmissions received from linked sites. Links to third-party sites are provided for convenience only. The inclusion of links to other websites does not imply endorsement of their owners or content.
Applicable law
These Terms shall be governed by and construed in accordance with the laws of Switzerland.
If you wish to bring a matter, complaint or question to our attention, please contact us here.
The place of jurisdiction is Lausanne, Switzerland and the applicable law is Swiss law.
For all cases not governed by these terms and conditions, the Swiss Code of Obligations shall apply.
Miscellaneous
(0) The data that each customer enters in his or her "my account" is intended solely for commercial use by ECKENSTEIN & CO AG. ECKENSTEIN & CO AG will use the data ONLY for its own purposes. ECKENSTEIN & CO AG does not pass on or sell data. We will do our utmost to treat your data confidentially.
(1) No waiver of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
(2) The section titles used in these Terms are for convenience only and have no legal substance.
Unless otherwise specified, if any part of these Terms is held to be illegal or unenforceable for any reason, it is agreed that such part of these Terms shall be severed and the remaining terms of these Terms shall not be affected and shall remain in full force and effect.
By accepting the Conditions, you agree not to contest the probative value of documents exchanged via the Site, on the basis of their electronic nature. Computerized registers are considered as proof of communications, orders and payments made between us.
Your acceptance of the Conditions constitutes an agreement of proof, within the meaning of article 1368 of the French Civil Code.
(4) You may not assign your agreement with us under these Conditions, or your rights or obligations hereunder, in whole or in part, without our prior written consent.
(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us relating to the Services and the sale of the Products.
(6) The provisions of these Terms, which by their nature are intended to survive any action by us, will survive, including, but not limited to, the provisions relating to indemnities, waivers, disclaimers, limitations of liability and this "Miscellaneous" section.
How to contact us
To contact us, send an e-mail here.