General Terms and Conditions NFC Farmland
1. Scope & contracting party
1.1. These General Terms and Conditions apply to all contracts concluded between NFC Farmland and your company ("customer"), in particular to orders placed via our website and online shop. Deviating provisions shall only apply if they have been agreed in writing between NFC Farmland and the customer. The customer agrees that in the event that he uses the general terms and conditions, NFC Farmland's general terms and conditions are to be assumed in case of doubt, even if the customer's terms and conditions remain uncontradicted.
1.2. Owner of the website and contractual partner of the customer is
NFC Farmland AG (briefly „NFC Farmland“)
Alte Steinhauser Strasse 19
6330 Cham
Switzerland
VAT registration no: CHE-430.549.072
EHRA-ID: 1361916
E-Mail: traffic@nfc.com
1.3. Personal designations include women and men equally.
1.4. The contracting party of NFC Farmland (customer) is basically the company in whose name the order is placed. By indicating his VAT number, the customer confirms that he is an entrepreneur. Should the contrary prove to be the case, NFC Farmland is entitled to withdraw from the contract at any time.
1.5. Subject to change: NFC Farmland is entitled to update and adapt the General Terms and Conditions ("Change"). The General Terms and Conditions valid at the time the order is placed shall apply.
1.6. Succession in title: Rights and obligations arising from this contract shall pass to the heirs and legal successors of the contracting parties on both sides. This applies in particular to the sale of NFC Farmland.
1.7. Place of performance: The place of performance shall be the Swiss registered office of NFC Farmland.
2. Offers and conclusion of contract
2.1. All offers made by NFC Farmland on its website or in the online shop are subject to confirmation and non-binding with regard to the availability of the products. For details on the products, please refer to the product descriptions available at the time of ordering. Illustrations of the products only represent symbol photos.
2.2. The presentation of the products in the online shop does not constitute an offer by NFC Farmland. In the online shop, the customer can place the samples selected by him in a shopping basket. He will be guided through the ordering process by instructions and explanations. Before placing the order, the customer must confirm all relevant data (variety, quantity, etc.) once again. Only by submitting an order (e.g. pressing the "Binding order" button) does the customer submit a binding offer.
2.3. The sending of an electronic order confirmation by NFC Farmland does not constitute acceptance of the offer. A contract is only concluded with the express acceptance by NFC Farmland (e.g. by a delivery notification or at the latest when the goods are handed over to the forwarding agent or customer or the goods are collected by the customer). NFC Farmland does not store the text of the contract.
2.4. NFC Farmland submits an individual offer to the Customer at the Customer's request, NFC Farmland shall be bound to it for 1 week from the date of issue, unless otherwise agreed in writing.
3. Prices, shipping costs, customs & terms of payment
3.1. Prices: Unless samples are shipped free of charge, the prices shown on the NFC Farmland website on the day the order is placed shall apply. In case of doubt, the current online prices also apply to repeat orders which are not placed via the website.
3.2. Unless expressly stated otherwise, the prices are net prices excl. VAT, excl. shipping costs and excl. packaging (e.g. pallets, special cartons). If shipping costs are incurred, you will find them in our online available shipping cost overview. The shipping costs are displayed before the order and depend in particular on the delivery address and the order quantity. The costs of a separate shipment (e.g. express delivery) must always be borne by the customer.
3.3. Unless otherwise agreed in writing, NFC Farmland is entitled to charge reasonable prices for order changes or additional orders.
3.4. Customs duties, fees, etc.: The customer shall bear all import and export expenses including any customs duties, fees and charges in their entirety.
3.5. NFC Farmland shall inform the Customer of the available methods of payment separately or directly during the ordering process in the case of orders subject to payment.
3.6. Electronic invoice: The Customer agrees to receive exclusively electronic invoices, order confirmations etc. by e-mail (pdf).
3.7. Interest on arrears & collection costs: 10% p.a. will be charged in the event of payment arrears. NFC Farmland reserves the right to claim further damages. In addition, the customer shall bear the costs arising from the necessary intervention of a lawyer.
3.8. Payments received by NFC Farmland shall first be credited against interest, then against interest and ancillary expenses and finally against the outstanding capital.
4. Retention of title
4.1. Any free samples shall become the direct property of the customer. If any samples are not sent free of charge by NFC Farmland, the goods shall remain the property of NFC Farmland until full payment has been received. In the event of default in payment by the customer, NFC Farmland shall be entitled to assert its rights arising from the retention of title. The assertion of the retention of title shall only constitute a withdrawal from the contract if this is expressly declared.
4.2. If the customer resells the goods, he hereby assigns to NFC Farmland all claims against a third party arising from the resale up to the amount of the agreed purchase price, including delivery costs and any reminder charges as well as default interest, irrespective of any delay in payment. In this case, the customer must inform his customer and provide NFC Farmland with the necessary data so that NFC Farmland can assert its claims.
5. Delivery and default of acceptance
5.1. Delivery time: Delivery dates and delivery periods shall only be binding if expressly confirmed as such in writing by NFC Farmland. In the case of already known, deviating delivery periods, a reference can be found on the respective product page. The customer has no claims arising from a delay in delivery, unless this was caused by gross negligence or intent on the part of NFC Farmland.
5.2. Delivery: Delivery shall be made either by a logistics partner selected by NFC Farmland (recognized transport company) or by NFC Farmland itself. NFC Farmland reserves the right to deliver the order in part deliveries. NFC Farmland will bear any additional costs incurred as a result. The customer bears the risk of transport.
6. Right of withdrawal on the part of NFC Farmland
6.1. Due to the fact that NFC Farmland is not itself the manufacturer of the goods to be delivered or the operator of the coffee plantations, NFC Farmland reserves the right to withdraw from the contract if difficulties arise in the production or delivery of the goods through no fault of NFC Farmland. The customer cannot derive any claims (e.g. damages) from this. Any payment made by the customer up to that point will be refunded.
6.2. The customer shall not be entitled to withdraw from the contract as an entrepreneur.
7. Liability, warranty and damages
7.1. Insofar as a warranty cannot be excluded due to the product, the provisions on statutory warranty shall apply, whereby the period for asserting any material defects against NFC Farmland shall be reduced to six months. The customer must prove that the defect was present at the time of delivery.
7.2. The Customer shall immediately inspect the goods taken over for any defects and, if such defects are discovered, shall inform NFC Farmland thereof immediately and in writing (at the latest within two days of taking over) or note this to the Supplier upon taking over. During this period the Customer shall nevertheless store the possibly defective product adequately and without risk of damage at its own expense or dispose of it at the request of NFC Farmland. The customer shall bear the costs in this respect.
7.3. Deviations: NFC Farmland shall endeavor to present the respective samples and their taste and/or properties as accurately and realistically as possible. Minor deviations (e.g. with regard to color, weight, properties, other quality features, etc.) cannot, however, be completely excluded by NFC Farmland despite the greatest care, and are therefore not deemed to be defects in the goods and do not entitle NFC Farmland to claim damages.
7.4. Complaints based on statutory warranty claims or other complaints must be made in writing to the contact data stated in the imprint.
7.5. NFC Farmland shall be liable for personal injury caused by at least slight negligence and unlawful conduct on the part of NFC Farmland. Furthermore, NFC Farmland shall only be liable if NFC Farmland is proven to have acted with at least gross negligence or to have breached cardinal obligations due to at least slight negligence. Liability shall in any case be limited to the foreseeable damage typical for the contract, but not more than twice the value of the goods ordered.
7.6. In particular, NFC Farmland shall not be liable for indirect or unforeseeable damage, loss of profit, loss of interest, omitted savings, consequential damage and financial loss or damage arising from claims of third parties. This shall also apply in particular in the event of delivery of defective goods or delay in delivery.
7.7. If - in any case whatsoever - a penalty has been agreed at the expense of NFC Farmland, this shall be subject to the judicial right of moderation and the assertion of damages in excess of the penalty shall be excluded by mutual agreement.
7.8. Any liability on the part of NFC Farmland shall become statute-barred six months after the customer becomes aware of the damage and the party causing the damage, in any case one year after the performance of the service or delivery.
7.9. Any recourse claims made against NFC Farmland under the title "Product Liability" as defined by PHG are excluded, unless the party entitled to recourse proves that the defect was caused in the sphere of NFC Farmland and was at least caused by gross negligence.
8. Set-off and retention
8.1. A set-off against claims of NFC Farmland against counterclaims - with the exception of undisputed or judicially established claims - is excluded.
8.2. Justified complaints do not entitle the customer to withhold the entire invoice amount, but only a reasonable part.
9. Mention as reference
9.1. The Customer agrees to the naming of its name or company name as a reference on the website or in other documents or in any other externally effective communication of NFC Farmland. This also includes the use of the corresponding company logo for this purpose.
9.2. The Customer may object to this use for the future at any time and without giving reasons. There is no claim to the destruction of advertising material already produced and/or circulated.
10. Written form, applicable law, jurisdiction & severability clause
10.1. All agreements, subsequent changes, additions, collateral agreements, etc. require text form to be valid, whereby an e-mail is sufficient.
10.2. Swiss substantive law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules. The contract language is German.
10.3. The competent court at NFC Farmland's place of business shall have local jurisdiction to decide on all disputes arising from this contract. However, NFC Farmland reserves the right to sue at the general place of jurisdiction of the customer.
10.4. Should any provision of these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity of all other provisions. The contracting parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the content and purpose of the invalid or unenforceable provision.
11. Data protection
11.1. NFC Farmland is committed to the transparent and lawful processing of your data. Details can be found in our data protection declaration, available at data protection online.
