Edition: February 2017

General Terms and Conditions of Confiserie Sprüngli AG, Zurich, for the Sprüngli Petits Plaisirs Loyalty Programme.

1. General

1.1. With the Petits Plaisirs Customer Card (hereinafter “Customer Card”), customers can participate in the Petits Plaisirs Loyalty Programme (hereinafter “Loyalty Programme”) of Confisierie Sprüngli AG. These General Terms and Conditions are valid for the Loyalty Programme and govern the legal relationship between Confiserie Sprüngli AG, Bahnhofstrasse 21, 8001 Zurich, Switzerland (hereinafter “Confiserie Sprüngli”) and the cardholder.

1.2. The members of the Loyalty Programme benefit from shopping vouchers, regular customer information, events and exclusive offers, in proportion to the turnover credited to their account.

1.3. All rights granted in connection with the Loyalty Programme apply solely towards Confiserie Sprüngli.

2. Eligibility

2.1. Participation in the programme is open to natural persons who have reach the age of 16 years old.

3. The Customer Card

3.1. The Customer Card is personal and non-transferable. It is issued in the name of the cardholder and imprinted with a unique card number. It is free of charge.

4. Use of the Card

4.1. If members present their customer card when making a purchase from Confiserie Sprüngli’s retail stores, Cafés & Restaurants, the online shop or the Order Service, the sales volume is credited to their account. Once the payment process has been completed, the sales cannot be credited to the member’s account retrospectively.

5. Shopping vouchers

5.1. With respect to the validity of vouchers issued in connection with the Loyalty Programme:

a)Physical shopping vouchers can be redeemed at all Confiserie Sprüngli retail stores up to the printed expiry date.

b) Electronic shopping vouchers (promo codes) can be redeemed up to their expiry date at the Confiserie Sprüngli online shop.

5.2. Shopping vouchers cannot be exchanged for cash or used to buy Sprüngli gift vouchers or to pay invoices.

5.3. In the event of loss or theft of the shopping vouchers, no replacement can be issued.

6. Loss

6.1. Members are requested to report the loss of their Customer Card. Lost Customer Cards are replaced at no charge without any loss of turnover.

6.2. Confiserie Sprüngli shall not be held liable in any way for damage resulting from loss or misuse of the Customer Card. Members are responsible for using their personal Customer Card carefully and in accordance with the terms of the contract.

7. Data Privacy

7.1. Members of the Loyalty Programme give consent for Confiserie Sprüngli to use the data generated by the use of the Customer Card, for marketing purposes. This data is treated by Confiserie Sprüngli with strict confidentiality and is not passed on to third parties that are not directly involved with the loyalty programme. Confiserie Sprüngli also takes adequate precautionary measures and puts appropriate security measures in place to keep members’ data safe.

8. Cancellation / Expiry

8.1. Membership of the Loyalty Programme can be ended at any time. All that is required is written notice to this effect using the contact form or by e-mail to: petitsplaisirs@spruengli.ch

8.2. If the Customer Card is not used for more than 24 months, it becomes invalid.

8.3. In the event of misuse of the Loyalty Programme, the Customer Card expires.

9. Amendments

9.1. Confiserie Sprüngli reserves the right to make amendments to the Loyalty Programme and these General Terms and Conditions or to end the Loyalty Programme entirely. 9.1. Die Confiserie Sprüngli behält sich vor, jederzeit Änderungen am Treueprogramm sowie an den vorliegenden allgemeinen Geschäftsbedingungen vorzunehmen oder das Treueprogramm zu beenden.

9.2. The current General Terms and Conditions may be downloaded at all times at www.spruengli.ch and are deemed to be accepted by members.

10. Applicable law and legal venue

10.1. The business relationship between the holder of the Customer Card and Confiserie Sprüngli is subject exclusively to Swiss law. Application of the Vienna Sales Convention (CISG) is expressly excluded. The sole legal venue is Zurich.

General Terms and Conditions of Confiserie Sprüngli AG, Zurich

1. General

1.1 These General Terms and Conditions (T&Cs) govern the relations between Confiserie Sprüngli AG and its subsidiaries in Switzerland and abroad (hereinafter referred to as “Confiserie Sprüngli”) and customers. They form an integral part of any contract entered into by Confiserie Sprüngli and a customer. Any ancillary agreements, assurances or amendments to these General Terms and Conditions must be set out in writing.

1.2 The additional information set forth separately in the online shop concerning delivery terms/shipping costs and payment terms as well as the notification regarding data protection (Data Protection Notice) and legal notices form an integral part of these T&Cs.

2. Contract conclusion

The contract with Confiserie Sprüngli is made as soon as Confiserie Sprüngli receives an order from the customer in a branch, by letter, by telephone, by e-mail or in the online shop (hereinafter referred to as “purchase agreement”֨).

3. Changes to orders

3.1 Requests for changes received after the contract has been concluded will be accepted only if Confiserie Sprüngli is able to implement the change with reasonable effort given the status of the preparatory work and is expressly only deemed to be accepted if Confiserie Sprüngli confirms the change in writing.

3.2 Once an online order has been placed the customer is unable to make changes to the order.

3.3 Changes to orders are subject to an additional charge. Each change will result in a surcharge of at least CHF 10.00.

3.4 In the event of cancellation, a handling fee of 20% of the value of the cancelled order, or a minimum of CHF 20, will be charged.

3.5 The costs of any preparatory work undertaken will additionally be passed on to the customer in full.

4. Minimum order quantity

4.1 A minimum order value of CHF 30 excluding packaging, customs and shipping charges applies to all orders, except for the online shop. Orders under CHF 30 are subject to a small-order surcharge of CHF 25.

4.2 The units offered by Confiserie Sprüngli shall apply to orders of prepacked products; the minimum unit for non-prepacked products is 100 g.

5. Products containing alcohol

Products containing alcohol (wine, spirits, sparkling wine, etc.) may not be sold to persons under the age of 18 in Switzerland and in Europe. By entering into a purchase agreement with Confiserie Sprüngli, customers recognize these requirements and confirm that they have the right to make such purchases. Customers may be requested to provide legitimate proof of age at any time.

6. Return/Exchange and Cancellation

No delivered products may be returned or exchanged. As our goods are high-quality confectionery products which can spoil quickly or which have expiry dates that would quickly be exceeded if returned, there is no right of withdrawal with respect to this contract. This also applies in particular to packages that are specially assembled according to customer specifications and to products that are manufactured at the customer’s request.

7. Terms of delivery

7.1 Deliveries are made at the customer's expense. The costs of delivery, packing and shipping are indicated separately on the invoice.

7.2 Confiserie Sprüngli shall not be liable for damage caused during transportation or damage arising from improper storage of the goods upon acceptance by the customer or auxiliary persons acting for the customer.

7.3 Confiserie Sprüngli shall not be liable for any non- or late delivery of items due to an incorrect delivery address being provided by the customer, the absence of the recipient, or unforeseeable customs clearance problems.

7.4 Protective packaging is used automatically for shipments to warm climates and is billed to the customer. Shipments abroad are carried out by transport companies chosen by Confiserie Sprüngli.

7.5 Deliveries within Switzerland and Liechtenstein are made in the morning or afternoon or at the delivery time contractually agreed by the Confiserie Sprüngli home delivery service or other delivery service provider selected by Confiserie Sprüngli.

7.6 Delivery times are approximate times only. Confiserie Sprüngli is not liable for delays in delivery for reasons beyond its control, e.g. force majeure, traffic congestion, adverse weather conditions, unexpected seizure by customs officials, etc. In cases of this kind, the client shall not be entitled to withdraw from the purchase agreement or to claim compensation for damages.

7.7 The customer is responsible for ensuring that deliveries can be received at the usual or agreed times. After an unsuccessful delivery attempt by delivery services, food law prohibits products that are returned to Confiserie Sprüngli from being delivered to the customer again. In such a case, the customer must place a new order which is charged at full price.

8. Prices

The prices agreed upon conclusion of the purchase agreement apply. Confiserie Sprüngli reserves the right to make price changes.

9. Terms of payment

9.1. Purchase on account (invoice) is reserved for registered customers with a Customer Card. In the event of loss or theft of the Customer Card, the customer is liable for the use of the Customer Card until the loss has been reported in writing. By signing the receipt, the customer confirms receipt of the goods and accepts the purchase price.

9.2. For orders on account (invoice), a minimum order value of CHF 75.00 applies. There is no minimum order value for customers registered with Confiserie Sprüngli who hold a Customer Card.

9.3. Orders under CHF 75.00 must be paid for in cash or by credit card.

9.4 The invoice is issued after the customer has received the delivery and is due for payment within 10 days of the invoice date.

9.5 Invoices cannot be paid by credit card.

9.6 Orders from abroad must be prepaid by credit card or bank transfer. The ordered goods will only be shipped after the payment has been received.

9.7 In the event of a delay in payment, Confiserie Sprüngli reserves the right to withhold further deliveries to the customer and to charge a reminder fee and interest on arrears. A debt collection agency will be commissioned with the collection of the debt.

10. Inspection upon receipt / Complaints

10.1 It is the responsibility of the recipient to check the goods immediately upon receipt for completeness and condition. Any complaints regarding quality, completeness and obvious defects such as damage must be promptly communicated to Confiserie Sprüngli in writing (via e-mail or post), in any case no later than 24 hours after delivery, otherwise the delivery will be considered to have been accepted.

10.2 Confiserie Sprüngli accepts no liability for transit damage or damage caused as a result of improper storage of the products upon acceptance by the customer or auxiliary persons acting for the customer.

11. Limitation of liability

Confiserie Sprüngli AG is liable only for intentional or grossly negligent damage and only for direct damages. Any further liability, especially in the case of slight or moderate negligence, or for indirect damages, will be declined.

12. Data protection

12.1 The data necessary for processing the transaction is stored and, if necessary, forwarded to the companies commissioned with delivery for the purpose of performing the contract. Otherwise, stored data is not passed on to third parties except for credit rating purposes and, where necessary, for debt collection. The data is used for customer relations within Confiserie Sprüngli within Switzerland or abroad. The current Data Protection Notice is available at www.spruengli.ch and can be requested from Customer Service.

12.2 Confiserie Sprüngli may conduct correspondence relating to orders and other matters by electronic means. Express reference is made during data transfer via e-mail to existing security risks beyond the control of Confiserie Sprüngli, such as virus transmission, damage to or loss of data, and access by third parties. On placing an order the customer grants Confiserie Sprüngli permission to send documents and other data electronically, also in unencrypted e-mails.

13. Applicable law and jurisdiction

Contracts shall be governed exclusively by the law of Switzerland. The Vienna Convention on Contracts for the International Sale of Goods (CISG) is excluded.
The exclusive place of jurisdiction is Zurich.

Form Nr. 7001_E / Edition July 2021

Confiserie Sprungli AG
E-Commerce
Bahnhofstrasse 21
CH-8001 Zurich

Phone +41 44 224 47 40
Web. https://www.spruengli.ch
Mail. onlineshop@spruengli.ch

Online Shop

Petits Plaisirs Loyalty Programme

When you the consumer (that is, a natural person who makes the order for a purpose that is neither for commercial nor for independent professional activity) whose place of residence is in the EU and who uses telecommunications (e.g., telephone, email, online, etc.) to order products, you have the right to cancel the contract without giving any reason for a period of 14 days. The cancellation period is 14 days from the day when you or someone authorized by you who is not the shipper, have or has taken possession of the goods. To exercise your right to cancel, you must inform us (Confiserie Sprüngli AG, Bahnhofstrasse 21, 8001 Zürich Schweiz, Fax +41(0)44 224 47 35, Email: onlineshop@spruengli.ch) of your decision to cancel the contract by sending us a clear statement (for example, in a letter sent by post, fax or email).

Timely dispatch of the cancellation before the expiration of the withdrawal period is sufficient to meet the deadline.

Effects of the cancellation
When you cancel this contract, we must return all payments received from you including delivery costs (excepting the supplementary costs resulting from your selection of a different method of delivery than the favourable standard delivery we offered) immediately and at the latest within 14 days from the day when we received notice of your cancellation of this contract. We will use the same method to return your payment that you used in the original transaction unless you expressly agree to a different arrangement; in no case will you receive compensation for this return payment. We may refuse to return the payment until we have received back the goods or until you have provided proof that you sent back the goods, depending on which occured at an earlier point in time.

You must send us or hand over the goods immediately or at the latest within 14 days from the day when you informed us of cancellation of this contract. This deadline is deemed met if you dispatch the goods before the expiration of the 14 day period. You shall bear the direct costs of returning the goods.

You must only compensate for any possible loss in value of the goods when this loss in value is due to handling that was not necessary to check the quality, features and functionality of the goods.

End of the information about the right to cancel.

Exceptions to the right to cancel:
The right to cancel does not apply to contracts for

a) the delivery of goods that are not prepared in advance and for the manufacture of which individual choice or instructions by the consumer are applicable or that are clearly customized to the meet the personal needs of the consumer, and

b) the delivery of goods that can spoil quickly or where the expiration date would be quickly passed.

Your Confiserie Sprüngli AG
December 2014