SwissMade.Direct — General Terms & Conditions (GTC)
Last updated: November 2025
Operator: SwissMade Marketing Export Ltd.
Registered office: Rheinstrasse 14b, CH-9470 Buchs (SG), Switzerland
Scope: Global (B2C & B2B)
These General Terms & Conditions (“Terms” or “GTC”) govern use of the website swissmade.direct and all orders placed through it. The website is operated by SwissMade Marketing Export Ltd. (“SwissMade.Direct”, “we”, “us”, “our”). By using our website, creating an account, or placing an order, you (“Customer”, “you”, “your”) agree to be bound by these Terms.
In addition to these Terms, the following documents form an integral part of our contractual relationship. In the event of a conflict regarding logistics, shipping, or customs, the rules in Section 6 shall prevail:
Packaging & Shipping Policy (Integrated into Section 6)
Payment Options
Privacy Policy
Security Statement
1. Eligibility, scope and acceptance
1.1 Parties. These Terms govern the contractual relationship between SwissMade Marketing Export Ltd. and any Customer (B2C or B2B) worldwide.
1.2 Eligibility. By placing an order you confirm you are at least 18 years old and have the legal capacity to enter into a binding contract.
1.3 Explicit acceptance. By clicking “Place Order” (or similar) at checkout you explicitly agree to these Terms. For business customers, these Terms apply exclusively and take precedence over any conflicting business terms.
2. Products, information and availability
2.1 Online catalog. Product listings and prices on the website are a non-binding online catalog (invitation to treat). Descriptions, images and nutritional information are for reference; minor manufacturer variations (e.g., packaging) may occur.
2.2 Contract formation. A binding contract exists only when we either:
send an “Order Acceptance” or “Dispatch Confirmation” email; or
physically dispatch the goods; or
send the Notification of Delay described in Section 6.3 (which may fulfil our dispatch obligation).
The automated order acknowledgment confirms receipt only and is not legal acceptance.
2.3 Cancellation by us. We may cancel orders for production shortages, pricing errors, or suspected fraud. Any payments made will be refunded promptly.
3. Prices and payment
3.1 Currency. Prices are displayed in the currency selected (e.g., CHF, USD, EUR).
3.2 International taxes (Net pricing). For international customers prices are shown net (ex-VAT). You purchase tax-free from Switzerland but remain liable for import duties and taxes in your destination country (see Section 6).
3.3 Shipping costs. Shipping fees are calculated at checkout based on weight, destination and carrier choice.
4. Right of withdrawal (returns policy)
4.1 Statutory right (EU/EEA). Consumers residing in the EU/EEA generally have a 14-day right of withdrawal for distance contracts.
4.2 Exceptions (perishable & hygiene). Pursuant to Art. 16 of Directive 2011/83/EU and Swiss trade custom, the right of withdrawal does not apply to:
Perishable goods liable to deteriorate or expire rapidly (explicitly includes chocolate, cheese, sausages, and similar foods);
Hygiene items sealed and unsealed after delivery (e.g., cosmetics, toothbrushes);
Customized goods made to your specifications.
4.3 Refund policy. Outside mandatory statutory rights we do not accept returns or provide refunds for food items based on “change of mind,” taste preference, or melting due to customer- or customs-related delays.
5. Liability and warranty
5.1 Mandatory liability. Nothing in these Terms excludes our liability for unlawful intent, gross negligence, or personal injury as required by Swiss law (including product liability).
5.2 Exclusion of slight negligence. To the maximum extent permitted by Swiss law (Art. 100 CO), we exclude liability for ordinary (slight) negligence, including liability for acts of our auxiliaries (e.g., carriers).
5.3 Liability cap. Where liability cannot be excluded, our total aggregate liability is limited to the amount you actually paid for the order.
5.4 Excluded damages. We are not liable for indirect damages, lost profits, or data loss. We are not liable for damages caused by customs delays, an inappropriate shipping choice (see Section 6.5) or your failure to accept delivery.
6. International shipping, customs & logistics (Packaging & Shipping integrated)
This Section contains the operational rules that govern dispatch, carriers and customs.
6.1 Incoterms® 2020 & Importer of Record
6.1.1 Unless explicitly agreed otherwise in writing, international shipments are executed under Incoterms® 2020 DAP (Delivered At Place).
6.1.2 Under DAP: SwissMade.Direct handles packing, export documentation and handing the parcel to the carrier. You are the legal Importer of Record in the destination country.
6.1.3 Transfer of risk. Risk of accidental loss or damage passes to you when we hand the shipment to the carrier.
6.1.4 DDP exception. If you choose “Duties & Taxes Included (DDP)” at checkout we facilitate payment of duties, but you remain the legal Importer of Record.
6.2 Customs clearance & force majeure
6.2.1 Your responsibility. As Importer of Record you are responsible for paying import duties, VAT, “sugar taxes,” carrier brokerage fees, and for providing any required identification (e.g., Tax ID).
6.2.2 Force majeure. Customs inspections, government checks (e.g., FDA/USDA), carrier brokerage backlogs, or other events beyond our control are Force Majeure. Such delays do not entitle you to a refund or cancellation while goods are in transit.
6.3 Dispatch commitment & product availability
We define Fulfillment as the successful handover of a properly documented order to the carrier. We source fresh products from producers to preserve shelf life.
(A) 10-business-day dispatch goal. We aim to dispatch within 10 business days of payment confirmation to allow sourcing and quality checks.
(B) Notification protocol. If we cannot dispatch within 10 business days due to availability issues we will email you with an explanation and options. Our dispatch obligation is met by sending this notification — please whitelist our emails.
(C) Failure to dispatch or notify. If we fail to dispatch and fail to notify you within 10 business days, you are entitled to a full refund upon request.
6.4 Urgent & date-specific orders
Order notes are non-binding requests. A delivery deadline becomes binding only if you contact us within 24 hours of ordering and we provide written confirmation that the date can be met. Absent written confirmation, standard timelines apply.
6.5 Shipping options & carriers
We offer multiple shipping methods:
Standard Economy (e.g., national post). Best for non-perishables. Slower transit (typically 3–5 days longer than Premium). Basic tracking. Not recommended for chocolate or heat-sensitive goods. If you choose Economy for perishables we accept no liability for melting or heat damage.
Premium Priority (e.g., FedEx, DHL, UPS). Recommended for chocolate, cheese and time-sensitive goods — faster transit, prioritized customs handling and detailed tracking. Strongly recommended for all food orders.
6.6 Perishable goods waiver
Customs warehouses and carrier hubs may not be climate-controlled. By ordering perishables internationally you accept the risk of temperature fluctuation. We are not liable for melting or spoilage caused by customs delays (Force Majeure), for damage if you are unavailable to receive the package on first delivery attempt, or for quality degradation if you selected Standard Economy for heat-sensitive items.
6.7 Refusal to pay duties & abandonment
If a shipment is returned/abandoned/destroyed because you refuse to pay duties, refuse delivery, or fail to provide customs information, no refund will be issued for goods or shipping. We may deduct return, storage or destruction costs from any potential goodwill credit.
6.8 Lost or damaged shipments
Lost shipments. If the carrier declares a shipment lost (and this is not due to unpaid duties), we will liaise with the carrier and either replace the order or refund you.
Damaged shipments. You must email photos of the damaged goods and packaging within 24 hours of delivery.
7. Your content: licence
By submitting reviews, comments or media you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content in connection with our business. You waive moral rights in your content to the maximum extent permitted by law.
8. Your content: rules
You warrant your content is not illegal, defamatory, obscene or infringing third-party rights. We may delete content that breaches these Terms without notice.
9. Limited warranties
We select products from reputable Swiss producers, but unless expressly stated:
We do not guarantee continuous website availability or error-free operation.
We do not guarantee continuous stock of any product (see Section 6.3).
Manufacturer warranties are provided by the manufacturer; we do not extend additional guarantees beyond mandatory law.
10. Breaches of these Terms
If we reasonably suspect you have breached these Terms, we may send warnings, suspend or delete your account, cancel orders, block access, or pursue legal action. You must not attempt to circumvent suspensions (e.g., by creating another account).
11. Changes to these Terms
We may revise these Terms from time to time. The Terms in force at the time of your order apply.
12. Assignment
We may assign, transfer or subcontract our rights and obligations (e.g., in a merger) without prior notice, provided statutory rights are not reduced. You may not assign your rights without our written consent.
13. Severability
If a provision is found unlawful or unenforceable, remaining provisions remain in force. If removal of a part renders a clause lawful, that part will be deleted and the remainder enforced.
14. Third-party rights
Contracts under these Terms are for your and our benefit only; third parties have no enforcement rights unless mandatory law provides otherwise.
15. Entire agreement
These Terms and the documents listed in Section 1 constitute the entire agreement between you and us, superseding prior agreements.
16. Language versions
Terms may be made available in multiple languages. If inconsistencies arise, the English version prevails and is legally binding.
17. Governing law & jurisdiction
17.1 These Terms and contracts under them are governed by Swiss law, excluding the CISG.
17.2 Exclusive jurisdiction for disputes is the courts of St. Gallen, Switzerland. For consumers, statutory consumer venues remain reserved.
18. Statutory & regulatory disclosures
Company: SwissMade Marketing Export Ltd.
Registration: Canton of St. Gallen, Switzerland (CHE-411.252.312)
VAT: CHE-411.252.312 MWST
19. Our details & contact
Address:
SwissMade Marketing Export Ltd.
Rheinstrasse 14b, CH-9470 Buchs (SG), Switzerland
Contact:
Email: info@swissmade.direct
Phone: +41 81 740 46 94
