§ 1 USER
The user of these General Terms and Conditions is: Magdalena AG, Rickenbachstrasse 127, 6432 Rickenbach, Switzerland

§ 2 SCOPE OF APPLICATION
These General Terms and Conditions apply to all legal transactions between the User and a consumer (as defined in § 13 of the German Civil Code (BGB), a “natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity”).

§ 3 CONCLUSION OF THE CONTRACT AND STORAGE OF THE CONTRACT TEXT
The provisions of these General Terms and Conditions apply to orders placed by consumers via the website restaurant-magdalena.ch of Restaurant Magdalena AG. The contract is concluded with the user (see § 1). The presentation and description of the goods on the website restaurant-magdalena.ch do not constitute an offer to enter into a contract. By ordering a product by clicking the “Place Binding Order” button at the end of the ordering process, a consumer submits a binding offer to conclude a purchase contract. The contract is concluded only when the user sends an order confirmation via email. The contract text is stored for each order. Consumers receive an email containing the order details.

§ 4 PAYMENT
The statutory sales tax and other price components are included in the prices listed. Shipping costs are not included in the displayed price and may apply in addition.

§ 5 PRICES AND SHIPPING COSTS
The prices listed on the respective product pages are final prices and, as such, already include the statutory value-added tax and other price components. The final prices are listed in Swiss francs (CHF). In addition to the listed prices, shipping costs may apply depending on the order value. For orders requiring physical shipping (excluding gift certificates), an additional shipping fee of CHF 8 applies.

§ 6 DELIVERY TERMS
Unless otherwise specified for a particular product in the online store, the delivery time is 1 to 5 business days. If Magdalena AG is unable to meet a delivery deadline for reasons beyond its control (unavailability of products, e.g., due to force majeure), Magdalena AG shall notify the customer immediately, specifying the new estimated delivery date if applicable. If the new delivery timeframe is unacceptable to the customer, or if the products are no longer available—either in part or entirely—even within the new delivery timeframe, both contracting parties are entitled to withdraw from the contract with respect to the products in question. Any payment already made by the customer—regarding the unavailable products—will be refunded to the customer immediately. Delays in delivery shall not be deemed to have occurred in cases of force majeure, such as strikes and other labor disputes, riots, war, or natural disasters. Furthermore, Restaurant Magdalena AG shall not be liable for delivery delays caused by third parties. The customer will be informed immediately in the event of delivery delays.
If not all ordered products are in stock, Restaurant Magdalena AG is entitled to make partial deliveries.

§ 7 NO SALES TO MINORS
In accordance with Swiss law, alcoholic beverages may not be sold to minors under the age of 16, and spirits may not be sold to minors under the age of 18. By placing an order on the website, the customer acknowledges these provisions and confirms that he or she is authorized to make the purchase. Restaurant Magdalena AG disclaims all liability in the event of any violation.

§ 8 RESERVATIONS
Reservations are binding but may be canceled if necessary. A fee of 185.– per person will be charged for no-shows without prior cancellation. 

§ 8 TRANSFER OF RISK
The risk of accidental deterioration or accidental loss of the goods remains with the user until the goods are delivered and passes to the consumer upon delivery.

§ 9 RETENTION OF TITLE
The User retains title to the goods until the purchase price has been paid in full.

§ 10 WARRANTY
The statutory warranty provisions apply.

§ 11 GOVERNING LAW / JURISDICTION
These General Terms and Conditions and any disputes arising out of or in connection with the relationship between Restaurant Magdalena AG and its customers shall be governed exclusively by Swiss law, to the exclusion of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes between Restaurant Magdalena and customers is Schwyz, unless the law provides for mandatory places of jurisdiction.

CONTACT
If you have any questions about these Terms and Conditions, please contact Restaurant Magdalena AG at the following email address: kontakt@restaurant-magdalena.ch

Schwyz, September 9, 2022