Terms and Conditions of Mitera GmbH
Any order placed with MITERA is subject to these GTC. Unless otherwise stipulated in these General Terms and Conditions, they apply to the exclusion of all other conditions.
Our Terms and Conditions may be amended from time to time by posting a new dated version on this website. You can read our terms and conditions regularly to be informed of these changes. You will be subject to the terms and conditions in force at the time you order from us, unless required to change by law or government authority (in which case they will apply to orders previously placed by you). You can exercise your right of withdrawal if you do not agree to the changes that apply to your order.
Every order placed through this website can be delivered to Switzerland, Liechtenstein and Germany. We regret that we cannot deliver to any other location.
As a condition of placing an order, you must provide mandatory login information such as your name or email address, which must be accurate and up-to-date. Please notify MITERA of any change in address or other information by promptly updating your personal information on this website so that we can maintain accurate records and process your inquiries and orders.
You can place your orders as follows:
- via the Internet: www.mitera.ch
- by phone: 076 433 44 84
- by post: Mitera GmbH, Antonigasse 4, 5620 Bremgarten
Products are ordered via the website by clicking the "Add to basket" button and completing the payment process.
Orders you place with MITERA are subject to minimum and maximum quantity restrictions. Please note that our EVOOs are packed in cartons, each containing 6 bottles of 0.5l or 12 bottles of 0.1l included. For packaging reasons, all orders placed via our website should consist of at least 6 resp. 12 bottles or a multiple thereof. You can mix the variety of EVOOs when making your selection, as long as the total number is a multiple of 6 or is 12.
MITERA offers its products on this website within the limits of its available stocks.
After you place an order for Products on the Site, you will be taken to an order confirmation page where you can review your order, choose your delivery method and check the total price.
After accepting the General Terms and Conditions, you will be asked to enter payment information to process your order.
Please do not include your debit or credit card details in letters or faxes. You will be called back to complete the order and make payment in a secure manner.
2.3 Order Confirmation
Once you have submitted and confirmed your order, MITERA will acknowledge receipt of the order(s) by listing the details of the products ordered.
After acknowledgment of receipt of your order(s), MITERA will check whether the relevant products are in stock. A contract for the sale of Products between you and MITERA will only be formed when MITERA confirms that all or part of the Products are still available and has sent confirmation that the contract has been completed.
The contract for the sale of products relates only to those products that we have confirmed will be shipped.
To the extent permitted by law, MITERA has the right to refuse, cancel or revoke an order at any time for a reasonable reason. For example, we may refuse an order if some or all of a product is unavailable after the order has been submitted. In this case you will be informed about the delivery of the partial order or the cancellation of your order. If you have already paid for some or all of the Products, we will refund you in full in respect of the relevant Products and any delivery costs as soon as possible. MITERA may also refuse an order in the event of an ongoing dispute over the payment of previous orders, or in the case of discrepant orders or orders which MITERA reasonably suspects were not placed in good faith.
The prices to be paid for the items you order are the prices on this website on the date you place your order, including VAT where applicable.
Shipping costs, where applicable, will be calculated at the rates shown on the website once you have placed your order, calculated according to the size of the order and the delivery method you have chosen. You will be informed of the shipping costs applicable to your order during the payment process and prior to placing the order.
MITERA reserves the right to change the prices of its products in the future. The price changes do not apply to orders for products confirmed by MITERA.
For security reasons, your card details are encrypted for all transmissions. Depending on the payment institution or payment service provider, payment by credit card may require authorization or be carried out in several steps. If MITERA does not receive the authorization, MITERA reserves the right to cancel your order.
In the event that your credit card or debit card (PostFinance) cannot be charged, MITERA will hold your order and send you a notification that the payment could not be processed. Orders will not ship until payment has been received or payment has been approved or processed. MITERA reserves the right to refuse any new order pending full payment of any overdue balance. Invoices are sent upon delivery of the Products and are payable in full within ten (10) days. If the payment is not made within ten (10) days after the due date when paying on account, MITERA will initiate a dunning procedure. In this case, MITERA reserves the right to charge reminder fees and interest on arrears in addition to the invoice. The invoice amount as well as the interest on arrears and reminder fees can be transferred to an external debt collection company for debt collection. You are also obliged to pay the dunning costs of this company in addition to the outstanding amounts with MITERA.
All orders that are confirmed by MITERA will be shipped to the shipping address you provided when placing your order.
MITERA makes every effort to ensure standard shipments (subject to stock availability and receipt of available funds) within a few business days of receiving an order.
In order to deliver orders on time, MITERA strives to have sufficient product stocks. However, it is possible that stocks of certain products may not be sufficient to allow timely delivery of all orders. In such cases, you accept that MITERA is entitled to make partial deliveries or to delay delivery without being in default. Orders for products that are available in limited quantities will only be accepted by us while stocks permit.
3.2 Default in Payment and Passing of Risk
MITERA reserves the right to withdraw from the contract and request the return of the products if you are in default of all amounts owed under the agreement, including the payment of all costs included in the order confirmation.
All risks of loss or damage to the Products pass to you upon delivery (or by persons acting on your behalf).
The photos and texts illustrating and describing the products on this site are copyrighted, non-contractual and for informational purposes only. MITERA shall not be held responsible for any errors or omissions in the photographs or text displayed on this website.
Without limiting the scope of these Terms and Conditions and to the extent permitted by applicable law, no claim of any kind, whether for delivered or non-delivered Products, or otherwise, may be made in excess of the amount of the purchase price for claims for damages. In no event shall MITERA be liable for any indirect, incidental or consequential damages of any kind (even if MITERA knew or might have known about the occurrence of such damages) which may arise in connection with its products, their use, sale or this website.
We expressly disclaim any liability for any loss or damage that you may suffer as a result of your breach of these T&Cs. We will not be liable for any loss of profit, loss of business, business interruption or loss of business opportunity.
Nothing in these Terms excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) defective products; or (iv) for any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
5. FORCE MAJEURE
MITERA will make all reasonable efforts to meet its obligations. However, MITERA cannot be held responsible or liable for any delay or omission caused by circumstances beyond its reasonable control (“Force Majeure”). Such circumstances include, without limitation, strikes and labor disputes by third parties, civil wars, riots, wars, pandemics, natural disasters or any other that make the production, transportation or delivery of Products impracticable or impossible.
In the event of a delay caused by force majeure, MITERA's obligations will be suspended and the time for the fulfillment of our obligations will be extended for the duration of the event. MITERA will honor its obligations as soon as reasonably possible and reserves the right to fairly and equitably allocate the remaining product inventory among customers.
6. GOVERNING LAW AND JURISDICTION
These GTC and the purchase of products from MITERA are subject to Swiss law, waiving any conflict of law provisions.
Any dispute or claim arising out of or in connection with the GTC or the purchase of products from MITERA (including non-contractual disputes or claims) shall be subject to the jurisdiction of Switzerland
Of course you can also contact us at any time, we are happy to be there for you:
Telephone: +41 76 433 44 84
By disclosing your e-mail address, you allow us to make you special offers until you revoke your consent.