General
Terms and Conditions

1. General Provisions

• 1.1 Scope of Application – These General Terms and Conditions apply to all orders and contracts between VakeUp GmbH (hereinafter "VakeUp") and its customers.
• 1.2 Applicability – For catering services, the provisions of Section 11 apply additionally.
• 1.3 Acceptance – With every order – regardless of the order type (website, email, telephone) – these General Terms and Conditions, in their current version, are deemed accepted.

2. Order Conclusion of Contract

• 2.1 Formation of Contract – A contract is concluded as soon as VakeUp expressly confirms an order in writing (e.g., via email) or delivers the goods.
• 2.2 Binding Nature of Orders – Pre-orders (e.g., for events or larger quantities) are binding. Changes or cancellations must be made in writing at least 48 hours before the agreed delivery date. Thereafter, the full amount will be invoiced.
• 2.3 Accuracy of Information – Customers are obliged to provide complete and correct information regarding name, address, telephone number, and email. Incorrect information may lead to delivery problems, without any right to a refund.
• 2.4 Offers – All offers from VakeUp are non-binding and subject to change. A contract is only concluded upon written confirmation from VakeUp.

3. Prices Payment Terms

• 3.1 Prices – All prices are in Swiss Francs (CHF) including statutory VAT.
• 3.2 Payment Methods – The available payment options (e.g., Twint, credit card, cash payment) are displayed during the ordering process or defined in the offer (for catering).
• 3.3 Minimum Order Value Delivery Costs – A minimum order value may apply. Any delivery costs will be clearly indicated during the ordering process.
• 3.4 Default in Payment – In case of delayed payment, VakeUp reserves the right to charge default interest of 5% p.a. as well as reminder fees.

4. Delivery

• 4.1 Delivery Area – Delivery is only made to the delivery areas specified on the website (www.vakeup.ch) and while stocks last.
• 4.2 Delivery Time – Stated delivery times are non-binding guidelines. Fixed delivery dates are only valid if expressly confirmed in writing by VakeUp.
• 4.3 Delivery Attempts – In the event of a failed delivery due to the customer's fault (e.g., incorrect address, not being present at the agreed location), the entire order amount will be charged.
• 4.4 Force Majeure – In the event of force majeure (e.g., extreme weather conditions, traffic collapse, strike, pandemic) that makes delivery impossible or severely delays it, VakeUp is not liable for delays or delivery failures.

5. Vouchers

• 5.1 Redemption Conditions – Vouchers are only valid within the delivery area defined by VakeUp.
• 5.2 No Cash Payout – A cash payout of vouchers or remaining balances is excluded.
• 5.3 Validity – The validity period and specific conditions are noted on the respective voucher.

6. Duty to Inspect Defects

• 6.1 Notification of Defects – The customer must inspect the delivery immediately upon receipt. Obvious defects (e.g., incorrect goods, incomplete delivery) must be reported immediately upon handover or directly thereafter by telephone or in writing.
• 6.2 Illustrative Images – Product images on the website or in offers are illustrative. Variations in appearance or arrangement are possible.
• 6.3 Errors – In the event of obvious printing, calculation, or writing errors on the website or in offers, we reserve the right to make corrections. In this case, both parties may withdraw from the contract.

7. Allergens Intolerances

Our dishes may contain allergens or traces thereof. Customers are obliged to inform us clearly and in writing about known allergies or intolerances when ordering or inquiring. Without such information, VakeUp assumes no liability for allergic reactions or intolerances.

8. Image Rights Marketing

VakeUp is entitled to use photos of products, buffets, or event setups (without recognizable persons) for its own marketing purposes (website, social media). Recordings of persons or the use of personal data will only take place with explicit consent.

9. Data Protection

The processing of personal data is regulated in our separate Privacy Policy. This can be viewed on our website and is considered an integral part of these General Terms and Conditions.

10. Liability

• 10.1 Scope – VakeUp is only liable for direct damages caused by gross negligence or intent. Liability for slight negligence is fully excluded, to the extent permitted by law.
• 10.2 Exceptions – Liability for personal injury (injury to life, body, or health) remains unaffected by this limitation.
• 10.3 Third-Party Services – For services provided by third parties (e.g., external delivery services, artists), we are only liable in cases of proven fault in selection.

11. Special Provisions for Catering

• 11.1 Conclusion of Contract Offer – A catering contract is concluded upon the customer's written acceptance (email) of the offer prepared by VakeUp. The services defined in the offer are binding.
• 11.2 Changes Additional Services – Significant changes to the number of guests (deviations of more than ±10%) or the scope of services must be communicated to VakeUp in writing no later than 7 working days before the event. Such changes may lead to a recalculation of prices. Short-term changes (7 days) may incur additional costs or may no longer be taken into account.
• 11.3 Cancellation by the Customer – In the event of a cancellation of a confirmed catering order by the customer, the following costs (as a percentage of the agreed total amount) will be due:
  • Up to 4 weeks before the event: Free of charge
  • Up to 2 weeks before the event: 30% of the amount
  • Up to 1 week before the event: 50% of the amount
  • Less than 1 week (7 days) before the event: 90% of the amount

  Goods already procured specifically for the event, booked personnel, or third-party services will in any case be additionally charged in full.

• 11.4 Catering Payment Terms – Unless otherwise agreed, the following payment terms apply: 50% down payment up to 4 weeks before the event; remaining payment within 7 days after invoicing (after the event). In case of default, the conditions according to Section 3.4 apply.
• 11.5 Rental Equipment Ownership – Provided equipment (crockery, glasses, furniture, etc.) remains the property of VakeUp or its partners. It must be returned undamaged and complete. Damages or losses will be charged to the customer at replacement value. In case of unavailability of reserved equipment, VakeUp will endeavor to provide an equivalent replacement.
• 11.6 Infrastructure Access – The customer is responsible for ensuring that the necessary access (driveway, parking facilities) and the required infrastructure (electricity, water, if agreed) are available at the event location at the agreed time. Delays or additional expenses due to missing infrastructure are at the customer's risk.

12. Final Provisions

• 12.1 Applicable Law – The contractual relationship is exclusively governed by Swiss law.
• 12.2 Place of Jurisdiction – The place of performance and exclusive place of jurisdiction is the registered office of VakeUp (Basel, Switzerland).
• 12.3 Severability Clause – Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, an effective regulation shall apply that comes closest to the economic purpose of the original provision.