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Terms and conditions

This is a non-binding English translation of the German “Allgemeine Geschäftsbedingungen (AGB) – B2C” of Fabian Lüthi – Malaguese Schweiz, Einzelunternehmen. In case of any discrepancies or contradictions between this English text and the German original, the German version shall prevail.

General Terms and Conditions (GTC) – B2C

These General Terms and Conditions (GTC) govern the contractual relationship between Malaguese Schweiz, sole proprietorship, Schürmattstrasse 26, 8962 Bergdietikon, Switzerland (hereinafter “Malaguese”) and private customers in connection with the sale of avocados via the online shop. The offer is directed at customers with residence in Switzerland.

1. Subject Matter of the Contract

Malaguese primarily sells fresh avocados (e.g. Bacon, Fuerte, Hass, Lamb Hass) and mangos as well as other fruits to private customers in Switzerland. These are natural products; variations in size, shape, weight and degree of ripeness are normal and do not constitute a defect.

2. Orders and Conclusion of Contract

  1. Orders can be placed via the online shop, by e-mail or by telephone.
  2. The products displayed in the online shop do not constitute a binding offer, but an invitation to place an order.
  3. After placing an order, the customer receives an automatic e-mail confirming receipt of the order. Malaguese then checks availability (in particular harvest and transport capacities) and schedules delivery. The contract is concluded once Malaguese expressly confirms the order by order confirmation or shipping confirmation, or by dispatching the goods. If in exceptional cases delivery is not possible at all or only partially, Malaguese will inform the customer without delay and refund any payments already made for products that cannot be delivered.

3. Prices and Payment

  1. All prices are quoted in CHF. Where statutory value added tax (VAT) applies, it is included in the price and shown during the ordering process.
  2. Payment is made via the methods of payment offered in the online shop (e.g. bank transfer, TWINT or credit card). Malaguese reserves the right, in individual cases, to exclude certain methods of payment or to execute orders only against advance payment.
  3. The goods remain the property of Malaguese until payment has been made in full.

4. Delivery and Shipping Costs

  1. Delivery is carried out by transport service providers commissioned by Malaguese (e.g. parcel, courier or logistics companies) to the address specified by the customer in Switzerland.
  2. As a rule, delivery time is 5 working days from dispatch of the goods; seasonal or logistical deviations are possible. Due to consolidated transports from Spain, the period between order and dispatch may vary.
  3. Unless otherwise stated, the prices shown in the online shop are end prices including a shipping flat rate for deliveries within Switzerland.
  4. Upon handover of the consignment to the transport service provider, benefit and risk pass to the customer, to the extent permitted by law.

5. Withdrawal, Returns and Complaints

  1. For purchases via our online shop, there is no right of withdrawal or return. This applies in particular to fresh, easily perishable goods.
  2. The customer must check the delivery immediately upon receipt.
  3. In the event of damaged or obviously spoiled goods, the customer may submit a complaint within 24 hours of delivery by e-mail to malagues@gmail.com, stating the order number and including photos of the affected goods.
  4. In the case of justified complaints, Malaguese may, at its own discretion, provide replacement delivery, a credit note or a refund of the purchase price for the defective goods. Any further claims are excluded to the extent permitted by law.

6. Liability

Malaguese shall be liable, to the extent permitted by law, only for damage caused by intentional or grossly negligent conduct. Any further liability, in particular for indirect or consequential damage or loss of profit, is excluded to the extent permitted by law.

7. Data Protection

Personal data is processed in the context of order processing and customer communication and may be passed on to service providers (e.g. payment service providers, logistics companies and IT/hosting providers) where necessary for performance of the contract. Further information, in particular regarding the rights of customers, is set out in the privacy policy on the Malaguese website.

8. Final Provisions

  1. Malaguese may amend these GTC at any time. The version of the GTC published in the online shop at the time of the order shall apply.
  2. Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.
  3. Swiss substantive law applies. The place of jurisdiction – to the extent that no mandatory statutory places of jurisdiction apply – is Bergdietikon AG, Switzerland.
  4. This English translation is provided for convenience only. In case of any discrepancies or inconsistencies, solely the German original version “Allgemeine Geschäftsbedingungen (AGB) – B2C”, Version 1.0, Stand: 27. November 2025, is legally binding.