Terms and Conditions
1. Parties and subject matter of the contract
Shake and Smile provides cocktail/bar services for events in accordance with the individually concluded contract with the client and these general terms and conditions. Any deviating provisions, such as the client's own terms and conditions, etc., are only binding if they comply with the requirement of being in writing and have been signed by authorized representatives of Shake and Smile.
The organizer of each event is always the customer of Shake and Smile (or a person authorized by them). The organizer bears overall responsibility for the smooth running of the event.
2. Formation of the contract
Shake and Smile will submit a detailed offer to the customer based on their order. After the customer has reviewed the offer and incorporated any changes or additions, Shake and Smile will send the customer a written order confirmation. The contract is concluded upon the customer's signature of this order confirmation.
3. Infrastructure
The client, or their representative, is responsible for ensuring that the venue provides the standard infrastructure for the event, such as cold running water, direct access, elevator, etc., as specified by Shake and Smile. They are obligated to inform Shake and Smile immediately, and at the latest after reviewing the offer (see section 2 above), if and to what extent this is not the case.
If Shake and Smile provides return materials (glasses, dishes, cutlery, linens, etc.), the customer is responsible for returning them complete and undamaged. Losses and damages may be charged to the customer at replacement cost.
4. Notification of defects, liability and insurance
Customers are obligated to report any defects in the agreed services immediately, and if this is not possible, no later than two calendar days after the event. After this period, all services are considered approved.
Claims for damages against deinkoch.ch or its employees or agents are excluded, unless they are based on intent or gross negligence. Liability for consequential damages is excluded in all cases.
The client or their authorized representative is responsible for ensuring that the usual insurance coverage for property damage and personal injury for the event to be organized is taken out in a timely manner and with sufficient coverage.
5. Duty of care and loyalty
Shake and Smile acts as an agent for its clients and safeguards their interests to the best of its knowledge and belief. It places great emphasis on the careful and timely provision of services, particularly on the quality of its cocktails and beverages. Furthermore, it is committed to maintaining the confidentiality of its clients' business secrets.
6. Intellectual Property
The client expressly acknowledges Shake and Smile's sole intellectual property rights, in particular the copyright to all work created within the scope of the collaboration (concepts, menu suggestions, decoration and design, texts, images, graphic work, etc.).
7. Changes to Cocktails/Drinks
After the contract has been concluded, customer requests for changes regarding cocktails/drinks will be taken into account if these are communicated in writing no later than 8 working days before the event and their implementation is possible for Shake and Smile.
8. Change in the number of participants
The customer can reduce the agreed number of participants by a maximum of 15% by notifying Shake and Smile in writing no later than 8 working days before the event, whereupon Shake and Smile will reduce the remuneration accordingly.
9. Effective number of participants
The customer must notify Shake and Smile in writing of any deviations from the agreed number of participants or the number communicated according to point 8 at least 3 working days before the event.
If the actual number of participants at the event is higher than agreed upon or communicated in accordance with section 8, the fee will be increased accordingly. If fewer participants are present, the agreed-upon or communicated number of participants is relevant for the fee.
10. (Partial) Cancellation
In the event of a partial cancellation of ≥ 20% of the agreed services (without taking into account clause 8), Shake and Smile has the right to withdraw from the entire contract without incurring any costs.
If the customer cancels the contract in whole or in part, Shake and Smile may invoice the cancelled services as follows:
- Preparatory work already carried out, as well as specially ordered or manufactured materials, equipment and accessories.
and
- Up to 21 calendar days before the event: processing fee of CHF 200.00
- Up to 10 calendar days before the event: 50 % of the cancelled services
- From 5 calendar days before the event: 100 % of the cancelled services
11. Payment terms / Advance payment
All prices are quoted in CHF and include VAT.
Die Kundschaft erhält nach der Durchführung des Anlasses eine detaillierte Rechnung. Diese ist innert 30 Kalendertagen ab Rechnungsdatum netto zahlbar. Bei Zahlungsverzug berechnet Shake and Smile der Kundschafteinen Verzugszins von 5%des Rechnungsbetrags.
Shake and Smile reserves the right to request an advance payment of up to 50% of the order volume as per the order confirmation from the customer.
12. Applicable Law, Jurisdiction
The legal relationship between Shake and Smile and its customers is governed exclusively by Swiss law.
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