General terms and conditions

1.    SCOPE

1.1. The goods offered on our online shop are available exclusively for customers with a delivery address in Switzerland or in Liechtenstein.

1.2. These present General Terms and Conditions of Sale (hereinafter “GTCS”) apply to all orders taken on the website www.balik.ch, as well as by telephone, email, fax, SMS, WhatsApp and any other means of communication. When placing an order, all customers implicitly accept these General Terms and Conditions of Sale. Our customers may not cancel, change, or replace these General Terms and Conditions of Sale.

2.    VALIDITY

2.1. The sale agreement is concluded when Balik, succursale de Caviar House & Prunier (Suisse) SA has confirmed the order in writing (for example, by email for any order placed through our online shop).
An order confirmed by Balik, succursale de Caviar House & Prunier (Suisse) SA cannot be cancelled.

By placing an order, all customers confirm they are 18 or over and that the information they provide is valid.

2.2. Under Article 185 of the Swiss Code of Obligations, the items travel at the buyer’s risk, according to the principle that benefit and risk pass to the buyer upon conclusion of the contract. The purchaser has the obligation to verify the condition of the items received and undertakes responsibility for the conservation of the product.

2.3. This sale shall never give rise to another, uncontrolled transaction without the consent of Balik, succursale de Caviar House & Prunier (Suisse) SA.

2.4. The data we save provides evidence of the validity of the agreement and the transaction. Balik, succursale de Caviar House & Prunier (Suisse) SA reserves the right to cancel any order if the information provided by the buyer proves to be incorrect.

2.5. While placing orders, customers may print their order and the data entered. Customers can also open a customer account. In a customer account, customers can consult the details of their order after entering their personal access details. Balik, succursale de Caviar House & Prunier (Suisse) SA reserves the right to block customer accounts as it deems fit, without indicating the reasons.

3.    THE PRODUCTS

3.1. Caviar, by its very nature, is an extremely perishable product. The ideal storage temperature is between -2°C and +2ºC.
The maximum storage temperature for BALIK smoked salmon is +4ºC.
Fresh products must be stored in a fridge without the isothermal packaging and dry products should be stored in a cool, dry place. 
The product must be consumed within the limit of the date indicated on the packaging.

3.2. The products appearing on the website are available within the limits of available stock. If any items are missing, Balik, succursale de Caviar House & Prunier (Suisse) SA undertakes to resend the products as soon as possible.

3.3. Validity of the offer: Offers on the site are valid as long as they are shown online. Photographs illustrating the products are not part of the contract and simply indicate the general appearance of the product.

4. PROTECTION OF MINORS

The sale of products containing alcohol (wines, spirits) to persons under the age of 18 is prohibited in Switzerland and the European Union. By placing an order through the online shop, the customers acknowledge these prescriptions and confirm they are authorised to proceed with the purchase.

5.    PRICES

Our prices are in Swiss Francs, including tax (current VAT) but not delivery charges. Delivery charges are added when the order is validated for Switzerland and Liechtenstein.
All our offers are without obligation. Balik, succursale de Caviar House & Prunier (Suisse) SA reserves the right to modify prices at any time.

6.    PAYMENT

6.1. Payment is made online, at the time of ordering, either :

-    By bank card (Visa/Visa Electron, Mastercard, Twint). In this case, you will be redirected to the secure Six Payment Services (Saferpay) website, guaranteeing the confidentiality of the data transmitted (in particular, card number, expiry date, card security code on the back of the card) with protection and cryptology procedures. Dispatch can only take place after bank acceptance.

-    By TWINT. You can pay your order with your TWINT account. If you choose this payment method, you will be redirected to the TWINT payment interface after confirming your order.

-    By PayPal. PayPal is an online payment service which enables you to make payments at online shops securely, easily, quickly and without charge.

-    By cash on delivery, for clients who are not yet registered at Balik, succursale de Caviar House & Prunier (Suisse) SA.

-    Per invoice, from the second order.

6.2. Delivered goods remain our property until complete payment of the purchase price.

7.    DELIVERY AND TRANSFER OF RISK

7.1. Balik, succursale de Caviar House & Prunier (Suisse) SA undertakes to deliver throughout Switzerland and Liechtenstein, within 72 hours from confirmation of the order.

For orders placed before 16:00, the products will be sent by express post within 24 hours throughout Switzerland and Liechtenstein (possible delivery days : monday - saturday, excluding public holidays). Delivery shall take place on the agreed delivery date between 07:00 am to 09:00 am. 
These periods are by way of indication only and the seller may not be held liable if these periods are exceeded nor shall such a situation give rise to cancellation of the contract or payment of compensation.

Delivery charges are additional :
-    For orders under 300.- CHF, there is a delivery charge of 20.- CHF throughout Switzerland and Liechtenstein.
-    If the order exceeds 300.- CHF, Balik, succursale de Caviar House & Prunier (Suisse) SA covers half of the delivery charges.

7.2. At the customer’s request, we are entitled to make partial deliveries. If, after the order has been confirmed, the goods cannot be delivered in whole or in part for any reasons that are not attributable to the seller, the customer has the right to a refund.

7.3. Our service is an obligation to dispatch; it is fulfilled when the goods are handed over for dispatch to the person responsible for the transport. After dispatch, the risk of accidental deterioration or loss shall pass to the customer. We are in no way liable for any fault on the part of the company providing the transport.

7.4. IMPORTANT INFORMATION: fresh products will be delivered to you in isothermal packaging containing frozen cooling elements. In that way, we guarantee an unbroken cold chain to the delivery address. To ensure the chain remains unbroken, it is important that the goods are received personally. Otherwise we suggest providing another delivery address (e.g., work address).

7.5. Delivery contracts concluded with us are subject to Swiss law.

8.    RIGHT TO CANCEL AND RETURNS

8.1. The right to cancel or returns do not apply to our products due to their perishable nature. We take the greatest care over your order. If, despite our care, you should have any complaint about our products after receiving your order, the requests will be dealt with on a case by case basis. 
In any case, the buyer undertakes to inspect the goods immediately upon receipt to ensure they are complete and in good condition. Any complaints about quality and completeness must be sent to Balik, succursale de Caviar House & Prunier (Suisse) SA immediately and at the latest within 24 hours after delivery, otherwise delivery will be deemed accepted. If you have a complaint, please send a photograph of the product and the back label immediately by email at order@balik.ch or per fax +41 (0)71 375 60 75.

8.2. Balik, succursale de Caviar House & Prunier (Suisse) SA cannot be held liable for any damage arising during transport or as the result of incorrect storage of the goods after reception by customers or their partners.

9.    INTELLECTUAL PROPERTY

The parent company, Caviar House & Prunier Group SA ultimately owns and operates this website. All the brands, names, titles, logos, images, designs, texts and other materials are governed by law and belong to Caviar House & Prunier Group SA. 
Consulting, downloading or copying these pages does not imply the acquisition of rights (operating rights, intellectual property rights). Reproduction (in whole or in part), diffusion (electronic or by other means) modification or use of the website for public or commercial purposes are forbidden without prior written authorisation.

10.    DATA PROTECTION

10.1. The collection and processing of the personal details of Balik, succursale, Caviar House & Prunier (Suisse) SA customers are explained in the data protection statement which may be consulted here : Privacy policy.

10.2. Customers hereby consent to the backing up of the personal data they enter when using our website. This consent also applies to the backing up of the IP addresses transmitted during each use of the website. Customers also consent to the use of their personal data for the purposes of customising advertising and offering products online on the website. No personal data is transmitted to advertisers.

10.3. Finally, customers consent to the seller using their personal data for direct marketing purposes. Advertising communications to customers will be by email and post.

10.4. By accepting these terms and conditions, the customer confirms the accuracy of the information provided.

11.    LIABILITY

Caviar House & Prunier Group SA and its subsidiaries cannot be held liable for any inconvenience or loss due to use of the Internet and its website, in particular, service breakdowns, hacking or the presence of software viruses.
Access to and use of the website cannot be guaranteed.

12.    GOVERNING LAW AND JURISDICTION

The present terms and conditions are subject to Swiss law. Exclusive jurisdiction lies with the courts in Flawil [Canton of St Gall], subject to appeal to the Swiss federal court.