GTCS

General Terms and conditions (AGB)

1. General information and contracting parties

These GTC govern the business relationship between the Cakelicious Shop SA, Route de la Fonderie 2, 1700 Fribourg, Switzerland (commercial register no. CH-217.3.551.716-6 / UID CHE-355.707.300; following "Seller" called) and any person who accesses the website cakelicious.ch Purchases goods (hereinafter "Customer" called). With every order on this website, the customer agrees to these GTC. Cakelicious Shop SA reserves the right to, to, amend these GTC at any time; the version valid at the time of the order shall apply.

2. Prices

All prices quoted on the website are in Swiss francs (CHF) and include value added tax at the statutory rate without shipping costs. The prices at the time of ordering apply. Shipping costs will be charged additionally (see 5. Shipping conditions). Prices are subject to change until the contract is concluded, after which the confirmed prices are binding. Special offers or discounts are granted as indicated on the website.

3. Order and conclusion of contract

The presentation of products on the website does not constitute a legally binding offer, but an invitation to order. Orders of the customer shall be deemed a binding offer to conclude a contract. The contract is concluded as soon as the seller accepts the order by sending an order confirmation by e-mail or delivers the goods. The seller may refuse an order without giving reasons — in particular in the event of suspected abusive orders or the customer's inability to pay.

If an ordered article not available, the customer will be informed as soon as possible. If the customer does not agree to a partial delivery or if the subsequent delivery time is unreasonable, the customer may cancel the order free of charge. In this case, any payments already made by the customer will be refunded immediately. The customer has no claim for damages in the event of late delivery or non-availability; further claims are excluded unless otherwise provided by law.

4. Payment

The Payment for the ordered products is always made in advance. Accepted means of payment are in particular credit cards (Visa, Mastercard), PostFinance (cards or e-finance), PayPal and Twint. The means of payment is debited upon completion of the order. Purchase on account via our service partner Ideal Payment. The seller reserves the right to exclude individual payment methods in individual cases. An order will only be processed after full payment has been received by the seller, except for purchases on account via Ideal Payment.

Credit assessment and scoring: Cakelicious Shop AG reserves the right to obtain creditworthiness information about the customer to protect its interests within the framework of the purchase transaction and may forward customer data to third parties for this purpose. 

For this purpose, the personal data required for a creditworthiness check (first and last name as well as address data) will be transmitted to an external credit agency. CRIF AG, Hagenholzstrasse 81, 8050 Zurich, carries out a corresponding assessment of the creditworthiness based on mathematical-statistical procedures. The information obtained on the statistical probability of a payment default is included in the decision on the establishment, implementation, or termination of the contractual relationship.  

The creditworthiness check is carried out in compliance with the relevant provisions of data protection law and with special consideration for your interests worthy of protection. Please note that only CRIF AG can provide information on the data used to calculate your creditworthiness profile. 

Purchase on account / reminder fees: The invoice is payable within 20 days. The invoice is paid on time if the amount owed is in the recipient's account by the end of the last day of the payment period.

If the payment deadline is not met and no fixed expiry date has been agreed, the customer shall be put in default of payment by means of a reminder In case of late payment, the defaulting customer will be charged reminder fees over (first reminder CHF 20.00, second reminder CHF 25.00).  If the debt is not settled even after a second/third reminder has been sent, Cakelicious Shop AG reserves the right to assign the debt to a third party or to instruct a debt collection agency, at the customer's expense. 

Legal action/collection costs in the event of late payment: The amount of the legal costs/collection costs is calculated on the basis of the outstanding debt: 

Disclosure of personal data: Your personal data will be passed on to the transport company commissioned with the delivery or the corresponding financial service provider within the framework of the contract processing, insofar as this is necessary for the delivery or payment of the goods. 

5. Shipping conditions

Delivery area: The seller delivers to addresses in Switzerland (and Liechtenstein). Shipping method: Delivery is made by Swiss Post as A Mail (Priority) or an equivalent service. Delivery time: Unless otherwise stated, available items are usually delivered within approx. 1-2 weeks Working days after receipt of payment. Orders received after 4 p.m. or at the weekend will be processed and dispatched on the next working day. Information on delivery times is non-binding; subject to Section 6, delays do not justify a right of withdrawal or claims for damages on the part of the customer.

Shipping costs: For every order under CHF 150.- a flat shipping fee of CHF 8.- from an order value of CHF 150.- the delivery takes place free shipping. Special shipping methods (e.g.B. express delivery) or additional services will be charged separately.

6. Delays in delivery and force majeure

The seller shall endeavour to deliver on time. Delays in delivery, the Seller shall not be responsible for delays in delivery, for example due to force majeure, official measures, operational disruptions, failure of means of transportation or late delivery by upstream suppliers. In such cases, the delivery period shall be extended appropriately. The seller shall inform the customer immediately of any significant delays. Claims for damages due to delayed delivery are excluded, provided there is no gross negligence or unlawful intent. If the seller is unable to meet a binding delivery deadline, the customer shall be entitled to withdraw from the contract after a reasonable grace period has expired; no further claims shall exist.

7. Transportation risks

The risk of accidental loss or deterioration of the goods shall - to the extent permitted by law - pass to the customer Buyer as soon as the goods have been handed over to the shipping service provider (carrier, freight forwarder or post office). This also applies if partial deliveries are made. The seller shall take out transport insurance at the customer's request and expense.

The customer undertakes to packaging and contents to check the delivery for completeness and intactness immediately upon receipt. Externally recognizable damage any damage to the packaging must be recorded by the deliverer upon delivery. Hidden transport damage or missing quantities are to be returned to the seller within 3 days after receipt of the delivery in writing by e-mail to report. Otherwise, the delivery shall be deemed to have been approved and received in full. If the customer has failed to inspect the goods and report defects in good time,, subsequent claims due to obvious transport or delivery damage.

8. Refusal of acceptance

The customer is obliged to accept the ordered goods upon delivery, provided there are no legitimate reasons (such as obvious serious damage to the package) to the contrary. In the event of unjustified refusal of acceptance of the delivery, the customer shall bear the resulting Transport costs and transport damage to bear. The customer may be charged for any further costs incurred as a result of refusing to accept the goods or returning them to the seller. In such a case, the seller is entitled to withdraw from the contract and refund any payments already made less the costs incurred.

9. Retention of title

The delivered goods shall remain our property until complete Payment of the purchase price Property of the seller (Cakelicious Shop SA). The customer is not entitled to resell, rent, pledge or otherwise dispose of the goods before the transfer of ownership.

10. Return of goods

If the customer is satisfied with a delivered Product is not completely satisfied, he has the right, within 14 days from receipt of the order the request to return a non-perishable/non-edible product to the seller. In this case, the customer is obliged to return the product to the seller immediately and without delay after corresponding confirmation by the seller at your own expense to the seller. Food and perishable goods as well as unsealed or used items are excluded from return and will not be taken back. The returned item must be unused, undamaged and in the original packaging Original packaging arrive at Cakelicious Shop SA, otherwise there is no entitlement to a return.

Before the customer makes a return, he must contact the seller (by e-mail to info@cakelicious.ch) and have the return address and the procedure confirmed. Unannounced returns may be refused by the seller. A refund of the purchase price paid is excluded - Instead, by arrangement, a Exchange of the returned product or a Credit note in the amount of the value of the goods. This voluntary return shall only be made for goods in perfect condition; it shall not affect the consumer's mandatory statutory warranty rights.

11. Warranty and liability

For Defects, the seller shall be liable for damage to the delivered products in accordance with the applicable statutory provisions. The statutory warranty period is generally two years from delivery within the framework of the Swiss Code of Obligations. The seller may repair or replace a defective item at his own discretion. If the repair or replacement delivery is not successful, the customer may withdraw from the contract or reduce the purchase price. Further claims of the customer - in particular for damages - are excluded.

The seller assumes no liability for minor deviations of the delivered products from the products illustrated or described in the web store (e.g.B. color deviations, changes in detail, etc.) that do not significantly impair the function or value of the goods. Instructions for use of the products (e. g.B. processing instructions, shelf life information) must always be observed; the seller accepts no liability for damage due to improper handling or storage by the customer. Liability for indirect damage, consequential damage and loss of profit is excluded in all cases.

12. Applicable law and place of jurisdiction

All legal relationships between the seller and the customer are subject to swiss law, to the exclusion of the Vienna Sales Convention (CISG). Place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Fribourg, Switzerland, unless there is a mandatory legal place of jurisdiction. However, the seller is also entitled to sue the customer at his place of residence/registered office.

Status of the GTC: July 2025