Terms and conditions

Version 2.0 vom 01.02.2018

1. Area of application

(1) The Rainforest Company is the online shop of The Rainforest Company GmbH, Limmatquai 86, 8001 Zurich. The offer of The Rainforest Company is limited to the areas of Switzerland and the Principality of Liechtenstein. Depending on the place of delivery, the range offered may differ. These General Terms and Conditions (hereinafter: GTC) apply to all contracts concluded between us, the
The Rainforest Company GmbH, Limmatquai 86, 8001 Zurich
Managing Directors: Albana Rama and Jan-Philipp Sasse,
Name of the registry court: Zurich
and you as our customer. The terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract are based in particular on these conditions of sale, our written order confirmation and our declaration of acceptance.
(3) Decisive is the version of the GTC valid at the time the contract is concluded.

(4) We do not accept deviating conditions of the customer. This also applies if we do not expressly object to the inclusion.

2. Order and contract  

2.1. Registration 

(1) The registration to the online store is exclusively legal capacity reserved and is free of charge. A claim for admission to the online shop does not exist. The data required for registration must be provided by the customer completely and truthfully. The customer is responsible for updating his data.

2.2. Order 

(1) The presentation and promotion of articles in our catalog or online shop on the website does not constitute a binding offer to conclude a purchase agreement, but an invitation to you to order the products described in the catalog or online shop on the website.
(2) By placing an order by online order or by e-mail to our order e-mail address or by telephone to our order hotline, you place a legally binding order.
(3) We will confirm the receipt of your order placed by online order or by e-mail or telephone immediately in writing. In such a confirmation, there is no binding acceptance of the order, unless it is explained in addition to the confirmation of access at the same time the assumption.
(4) A contract is only concluded when we accept your order by a declaration of acceptance or by the delivery of the ordered items.
(5) Orders of deliveries abroad can only be considered with a minimum order value of 36kg. We accept orders from abroad only in writing (by mail or by e-mail).

(6) Should it not be possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we refrain from accepting the goods. In this case, a contract is not concluded. We will inform you about this immediately and refund any compensation already received.

2.3. Incomplete fulfillment of the order  

(1) In exceptional cases, it may happen that for various reasons not enough goods are available or can not be released for delivery. If products are not available at the time of delivery, they will not be reshipped or replacement items will be delivered. The effective delivered quantity will be indicated on the final delivery note and on the invoice. There is no subsequent delivery and there is no claim for damages.

3. Delivery

3.1. Delivery of goods 

(1) The delivery of the goods will be made directly to the delivery address and contact person provided by the customer or will be picked up at the chosen pick-up station (The Rainforest Company partner, participating specialist shop). The delivery is made by the transport service provider. The delivery takes place where accessible to the front door to individuals and to the reception at corporate customers.

3.2. Delivery and pick-up arrangements

(1) The Rainforest Company and its suppliers are committed to meeting delivery deadlines. However, all delivery times announced by The Rainforest Company are for guidance only. Non-compliance with the delivery deadlines does not entitle the customer to withdraw from the contract or to claim damages. In the event that The Rainforest Company or its supplier is unable to deliver an order certified by The Rainforest Company, The Rainforest Company shall have no obligation to otherwise perform the delivery. As a result, the customer is not entitled to compensation.

(2) The terms of delivery are regulated as follows:

Delivery to private households or corporate customers

Delivery to pickup points (partner locations)

  • Personal delivery by parcel postman on the selected day at the time when parcels are usually delivered to the house / apartment door.
  • In case of absence, the order will be deposited in front of your house or if possible apartment door.
  • Refrigerated products are supplied in cool boxes with cooling elements
  • Frozen products are delivered in cool boxes with dry ice.
  • These cooling arrangements ensure good cooling conditions. Please note, however, that the cooling capacity is limited by external factors, e.g. high outside temperatures, can be affected. 
  • Personal handover by employees of the Pick Station on the selected delivery day at the respective opening hours.
  • The delivery of your order takes place in carrying bags or disposable packaging.
  • Cooling is guaranteed until collection by the customer.

(3) We are entitled to partial deliveries, as far as this is reasonable for you.
(4) For orders of customers living or working abroad or for reasonable grounds for a risk of payment default, we reserve the right to deliver after receipt of the purchase price plus shipping costs (prepayment reservation). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.

(5) Delivery of goods will be made directly to the delivery address and contact person provided by the customer. The delivery is made by the personal delivery service of The Rainforest Company or by various services of the delivery partners. The delivery takes place where accessible to the front door to individuals and to the reception / reception at corporate customers.

3.3. Deposit of deliveries

For quality and safety reasons, The Rainforest Company strives to personally hand over the delivery of the goods to the customer. If a personal delivery during the agreed delivery time is not possible, the goods will either be deposited at the front door or brought back to the postal station. With the delivery of the goods, respectively the deposit of the goods on the doorstep, the benefits and risks, in particular the risk of theft, damages by third parties and environmental influences are transferred to the customer. Deliveries by the delivery partners to addresses without home deliveries are deposited at the place where the parcel service for such addresses deposits packages.

3.4. Delivery fees 

The amount of the delivery fee depends on the delivery method and the order value. Depending on the assortment and delivery method, a minimum order value may apply. The shipping costs for deliveries abroad are different. Please inquire with our order service team under the telephone number +41 44 281 9003. If we fulfill your order in accordance with § 3 exp. 1 by partial deliveries, you will only receive shipping costs for the first partial delivery. If the partial deliveries are made at your request, we charge shipping costs for every partial delivery.

3.5. Delivery note and invoice

Delivery notes and invoices are always sent electronically.

3.6. Cancellation of delivery by The Rainforest Company  

If for reasons beyond the control of The Rainforest Company, such as wrong delivery address, absence of the recipient, missing access permit, bad weather or traffic conditions, make the successful delivery not possible or only under difficult circumstances, the Rainforest Company is entitled to cancel the order. Any claim of the customer for damages or real compensation is in this case completely excluded.

3.7. Returns and exchange 

Any order from The Rainforest Company is binding. Exchange and return of delivered goods are generally not possible, except for deviating from the order or damaged by the transport supplies and faulty goods.
Defects must be complained of immediately upon receipt of the goods. Otherwise, the goods are considered to be properly accepted by the customer. Obscured defects must be reported to The Rainforest Company Customer Service by email to info@therainforestco.com as soon as they are discovered.
Returns agreed with The Rainforest Company Customer Service should be returned to:
The Rainforest Company GmbH
Limmatquai 86
8001 Zurich
Once your return has been received in our warehouse and checked, we will refund the amount. The refund varies depending on the method of payment and takes place within 14 days of receipt of the return.
Credit card: The credit will be taken to your credit card account. You will see the booking from your next credit card statement.

Invoice Purchase: Your invoice will be reduced by the value of the returned item. You then only pay for the goods they have kept. If the transfer has already taken place, the amount will be credited to your bank account. For this we need from you the bank data (IBAN, BIC and account holder). Once we have this data, the repayment is instructed.

4. Prices and payment

4.1. Price conditions  

All prices are in Swiss Francs, including applicable VAT. Decisive are the prices, as they are displayed on the website www.therainforestco.com at the time of the order. Price changes and price errors are reserved.

4.2. Payment methods / credit check

There are different payment methods available for payment, depending on the product range and shipping method, and The Rainforest Company is in any case entitled to decide at its discretion which method of payment it will accept in each specific case. The Rainforest Company is expressly authorized by the customer to conduct credit checks at its own discretion and, if necessary, to disclose customer data to third parties for this purpose. If a customer is in arrears with the settlement of previous invoice amounts at the time of the order, or if the personal credit limit has been exceeded, the "Invoice" payment method will not be available. As far as possible, invoices will be sent electronically by e-mail, otherwise by post, to the address specified by the customer. Invoices are payable within 10 days without deductions and other discounts. Unauthorized deductions will be charged. In the event of late payment, a fee of CHF 20.- plus a default interest of 5% per annum may be charged. The Rainforest Company is entitled to delay payments by the customer, to commission third parties with the collection of payment claims and to assign the claims to third parties in Switzerland and abroad. This is costly for the customer. Which payment methods can be selected will be displayed at the time of order during the order process.

With the payment method credit card the credit card of the buyer is charged when the order is placed. Should the value of the delivery be lower, e.g. because a product ordered was not available, The Rainforest Company will re-credit the balance of the credit card.

5. Product specifications

The product information published in the webshop is updated regularly and with the greatest care. In exceptional cases, this information may differ from what is actually printed on the packaging. In this case, the information on the package is always decisive. Since recipe changes can be made at any time, we recommend that you regularly consult the ingredients list on the packaging and pay attention to the allergy note.

6. Reservation of ownership

The delivered goods remain our property until full payment of the purchase price.

7. Warranty

(1) We are liable for material defects or defects in title of delivered articles according to the valid legal regulations.

(2) Any seller's warranty provided by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall be in addition to the claims for defects of quality or title within the meaning of paragraph 1. Details of the scope of such warranties shall be given in the warranty terms, if any accompanied.

8. Liability

(1) We are liable to you in all cases of contractual and non-contractual liability for gross negligence in accordance with statutory provisions for damages or reimbursement of expenses.
(2) In other cases, we shall be liable only in the event of a breach of a contractual obligation whose fulfillment enables the proper execution of the contract in the first place and on whose compliance you as a customer can regularly rely (so-called cardinal duty), limited to the replacement of the foreseeable and typical one damage. In all other cases our liability is excluded.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

9. Copyrights  

We have copyrights on all images, films and texts published in our catalog or online shop on the website. Use of the images, films and texts is not permitted without our express consent.

10. Privacy Policy

We use the data provided by you without your separate consent exclusively for the fulfillment and processing of your order. Your data will be forwarded to the shipping company commissioned with the delivery, as this is necessary for the delivery of the goods. To process payments, we pass your payment details to our bank. A transfer of your data to other third parties or use for advertising purposes does not take place. Upon completion of the contract and full payment of the purchase price, your data will be blocked for further use and will be deleted after expiration of the statutory retention periods, unless you have expressly consented to the further use of your data. We secure our website and other systems through technical and organizational measures against loss, destruction, access, modification or dissemination of your data by unauthorized persons. Despite regular checks, complete protection against all dangers is not possible. According to the Federal Data Protection Act (DSG) you have a right to free information about your stored data (article 8 DSG) as well as a right to correction (article 5 paragraph 2 DSG). Requests for information may also be addressed in electronic form to the competent authority. If you have any questions regarding the procurement and processing of your personal data and for information and correction requests, please contact: Albana Rama.
You can visit our site without giving any personal information. We only store access data without personal reference, such as the name of your Internet service provider, the page from which you visit us, or the name of the requested file. We evaluate these data exclusively for the purpose of improving our offer and do not permit any conclusions to be drawn about you. Personal data will only be collected if you voluntarily provide it to us as part of your order, when opening a customer account or when registering to our newsletter. When registering to the newsletter, your e-mail address will be used for your own advertising purposes until you unsubscribe from the newsletter. The deregistration is possible at any time.

According to the Federal Data Protection Act (DSG) you have a right to free information about your stored data (article 8 DSG) as well as a right to correction (article 5 paragraph 2 DSG). In addition, you can request that your data be deleted, as far as they are no longer required for the contract and require the blocking of your data. Requests for information and requests for blocking or deletion may also be addressed in electronic form to the competent authority. For questions regarding the procurement and processing of your personal data and for information and correction requests, please contact: Albana Rama, The Rainforest Company GmbH, Limmatquai 86, 8001 Zurich, a.rama@therainforestco.com, Mob: 079 196 5555

10.1. E-mail advertising

If you subscribe to our newsletter, we will use the information provided by you to send you the newsletter. You can revoke this consent at any time with effect for the future by unsubscribing from the newsletter.

10.2. Storage of customer data

Any consent granted in the storage of your customer data can be withdrawn at any time with effect for the future. Furthermore, we allow us to use the email to post on social media, such as Facebook etc. retargeting and similar promotional activities.

10.3. Cookies 

We use cookies on various pages in order to make visiting our website more attractive and to enable the use of certain functions. These are small text files that are stored on your computer. Most of the cookies we use are deleted from your hard drive after the end of the browser session (so-called session or session cookies). Other cookies remain on your computer and allow us to recognize you on your next visit (so-called persistent cookies). Our partner companies are not permitted to obtain or process personal data via cookies via our website. You can prevent the storage of cookies by means of the privacy settings of your browser by restricting or switching off the storage and reading of cookies (eg Internet Explorer: "Tools> Internet Options> Privacy", or Firefox: "Settings> Privacy"). Please note that you can not use certain functions of our website without cookies.

10.4. Disclosure of personal data to third parties  

Your data will be disclosed to our suppliers, as far as necessary to deliver the goods. To process the payment, we will forward your payment details to our bank. This only processes your data to the extent that we are allowed to process it ourselves. In addition, your personal information will not be disclosed to third parties.

10.5. Google Analytics

We use Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, your IP address will be shortened by Google beforehand within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by a corresponding setting of your browser software; However, please be aware that if you do this you may not be able to use the full functionality of this website. In addition, you may prevent the collection by Google of the data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google by downloading the browser plug-in available under the following link and install: http://tools.google.com/dlpage/gaoptout?hl=en

10.6. Credit checks and scoring

If we are in advance, e.g. In the case of a purchase on account, we obtain, where appropriate, credit information based on mathematical-statistical procedures at an information agency in order to safeguard our legitimate interests. To do this, we provide the credit card personal data to the credit bureau and use the information received on the statistical probability of default for a balanced decision on the establishment, conduct or termination of the contract. The credit information can contain probability values (score values), which are calculated on the basis of scientifically recognized mathematical-statistical methods and whose calculation includes, among other things, address data. Your interests worthy of protection are taken into account in accordance with the statutory provisions.

10.7. Facebook Social Plugins 

Our website may use so-called social plugins ("plugins") of the social network Facebook operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The plugins are marked with a Facebook logo or the addition "Social Plug-in of Facebook" or "Facebook Social Plugin". An overview of the Facebook plugins and their appearance can be found here: https://developers.facebook.com/docs/plugins If you visit a page of our website that contains such a plugin, your browser will connect directly to the servers of Facebook. The content of the plugin is transmitted by Facebook directly to your browser and integrated into the page. Through this integration, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook profile or are currently not logged in to Facebook. This information (including your IP address) will be transmitted from your browser directly to a Facebook server in the US and stored there. If you are logged in to Facebook, Facebook can immediately assign the visit to our website to your Facebook profile. If you interact with the plugins, for example, click the "Like" button or leave a comment, this information is also transmitted directly to a Facebook server and stored there. The information will also be published on your Facebook profile and displayed to your Facebook friends. The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights in this respect and setting options for the protection of your privacy, please refer to the privacy policy of Facebook: http://www.facebook.com/policy.php If you do not want that Facebook directly assigns the data collected via our website to your Facebook profile, you must log out of Facebook before visiting our website. You can completely prevent the loading of Facebook plugins even with add-ons for your browser, e.g. with the "Facebook Blocker" (http://webgraph.com/resources/facebookblocker/).

10.8. Twitter Plugins

Our website may use so-called social plugins ("plugins") of the Twitter microblogging service operated by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA ("Twitter"). The plugins are marked with a Twitter logo, for example in the form of a blue "Twitter bird". An overview of the Twitter plugins and their appearance can be found here: https://twitter.com/about/resources/buttons If you visit a page of our website that contains such a plugin, your browser connects directly to the servers of Twitter ago. The content of the plugin is transmitted by Twitter directly to your browser and integrated into the page. By integrating Twitter receives the information that your browser has accessed the appropriate page of our website, even if you do not have a profile on Twitter or just not logged in to Twitter. This information (including your IP address) is sent from your browser directly to a Twitter server in the United States and stored there. If you are logged in to Twitter, Twitter can immediately assign your visit to our website to your Twitter account. If you interact with the plugins, for example by clicking on the "Tweet" button, the corresponding information is also transmitted directly to a server of Twitter and stored there. The information will also be posted on your Twitter account and displayed there to your contacts. The purpose and scope of the data collection and the further processing and use of the data by Twitter as well as your related rights and settings options for the protection of your privacy, please refer to the privacy policy of Twitter: https://twitter.com/privacy. If you do not want Twitter to directly link the data collected via our website to your Twitter account, you must log out of Twitter before visiting our website. You can completely prevent the loading of Twitter plugins even with add-ons for your browser, eg. With the script blocker "NoScript" (http://noscript.net/).

11. Customer service & complaints

Customer Service provides information and personal assistance with any questions, problems or complaints regarding the services of The Rainforest Company GmbH.
The Rainforest Company GmbH
Limmatquai 86, 8001 Zurich
Telephone: +41 43 508 89 20
Fax: +41 43 508 59 52
E-mail: info@therainforestco.com

Defects must be complained of immediately upon receipt of the goods. Otherwise, the goods are considered to be properly accepted by the customer. Concealed defects must be objected to immediately after their discovery with the customer service.

12. Final provisions

The provisions of Swiss law apply. The place of jurisdiction is Zurich. We reserve the right to change these terms and conditions at any time. The respective binding version of the terms and conditions is available on www.therainforestco.com.