We are delighted that you are interested in and want to consider what Appenzeller® Schaukäserei (ASK) in Stein AR has to offer. Please read the following General Terms and Conditions (GT&C) through carefully. They are a component of every contract.

1. Area of validity

1.1 These General Terms and Conditions regulate the contractual relationship between you the customer and Appenzeller Schaukäserei AG (ASK) for the services, products and packages we offer.
1.2 These GT&C make a distinction between packages and other services and products. A package exists, if several tourist services are offered by us at an overall price.
1.3 If ASK provides other services, which do not come under the term of the package in accordance with Point 1.2. of these GT&C, namely individual services by other service providers, we are not the contractual partner, and the general terms and conditions of the partner will apply. In these cases we accept no liability for the services provided by third parties. If such services are discontinued, for whatever reason, this will not affect our relationship. We refer in particular to the liability conditions, which can be inspected at the premises of the third party.
1.4 By booking/reserving a service, purchasing products in our speciality shop or ordering products in the e-shop and voucher shop, these General Terms and Conditions are deemed to have been accepted.
1.5 The following General Terms and Conditions of ASK apply exclusively to all deliveries. Any different general terms and conditions of the ordering party are not valid, subject to separate written consent by ASK.

2. Conclusion of a contract / Reservation / Ordering

2.1 These general terms and conditions form an integral part of every purchase.
2.2 The contract will come about with acceptance of your written or telephone booking by ASK and is definite as of this time, insofar as nothing to the contrary has been agreed. (Provisional inquiry)
2.3 The services will result from the specification of services in the brochures, on the internet and the confirmation of reservation.
2.4 The number of people stated in the reservation regarding guided tours, group offers and the restaurant is binding in any case and must not be amended without the express consent of ASK.
2.5 The confirmed times for the group offers are binding. Please notify us as quickly as possible about any expected delay. As our guided tours are organized every hour, we will have to shorten the guided tour if there is a delay. If possible, we will offer you an extension to the guided tour for CHF 50.00 per started half an hour. If we have not received any notification of a delay no later than 30 minutes after the official start of the guided tour, or if you do not turn up at all without any notification, the guided tour will be cancelled and the cost will be billed to you in full.
2.6 All information in the e-shop on gift packs (product descriptions, illustrations, technical specifications, weights, etc.) are approximate values and in particular do not constitute any assurance of properties or guarantees unless otherwise explicitly stated.
2.7 The presentation of the products in the e-shop for gift packs does not represent a legally binding offer, but rather an invitation to place an order. Information on availability and delivery times is consequently subject to correction.
2.8 A legally binding offer to conclude a contract in the e-shop and voucher shop is triggered when the customer has entered all the data required to fulfil the contract, confirmed that they have read these General Terms and Conditions and the data protection provisions and clicked on the “Order” button. After receiving the order ASK will confirm receipt of the order.
2.9 ASK reserves the right to accept the order. ASK is not obliged to conclude a contract on the basis of an order.

3. Terms of payment, prices, ancillary and shipping costs

3.1 The prices listed in the booking confirmation are binding and, unless otherwise stated in the booking confirmation, are in Swiss francs and include the statutory VAT.
3.2 In individual cases the ancillary costs are merely guidelines and can therefore be subject to minor changes.
3.3 Bills under CHF 180.00 are payable in cash or by debit or credit card. If you still request a written bill for amounts under CHF 180.00, we will charge you an administrative fee of CHF 10.00.
3.4 In justified cases ASK can demand a downpayment, full payment in advance or the provision of the customer’s credit card details when a booking is made.
3.5 Written bills are to be settled within 10 days after the date of the bill, unless otherwise stated.
3.6 If the payment is not made on time, ASK can retain all the services, cancel the contract without compensation and charge any cancellation costs in accordance with Section 5.
3.7 For bookings from abroad we welcome cash payment or payment by debit or credit card. For invoices sent abroad, we charge a fee of CHF 50.00 to cover bank charges. Please note that prices in euros are not binding.
3.8 Prices include the statutory VAT. The seller reserves the right to change the prices at any time. The prices published on the website on the order date apply to customers.
3.9 The agreed prices apply to services that have already been ordered. The price of the order is binding, subject to obvious errors.
3.10 The prices in the e-shop are unit prices per gift pack and are not calculated exactly according to the gram content – minor weight differences are therefore possible.
3.11 In addition to the prices quoted, the customer is charged shipping costs depending on the delivery address or product quantity. The exact shipping costs are shown to the customer separately during the ordering process.
3.12 The purchase price is due for payment upon conclusion of the purchase contract, i.e. when the order is placed. Orders are always only delivered after payment has been received in full.
3.13 Products delivered to the customer shall remain the property of ASK until payment has been made in full.

4. Payment options

4.1 Customers can pay on site at ASK in cash, by credit/debit card and with Twint. Payments by invoice are only possible in compliance with Point 3.3.
4.2 Cash payments can be made in Swiss francs and euros. In the case of cash payments in euros, any change is given in Swiss francs.
4.3 For customers in the e-shop and voucher shop, the payment options specified during the ordering process are available.
4.4 When the purchase contract is concluded in our e-shop or voucher shop, payment providers accept the resulting invoice claim and handle the corresponding payment arrangements. Payment is debited directly from the customer’s account when the order is placed.

5. Terms of delivery

5.1 Orders placed in the e-shop for gift packs will only be delivered to shipping addresses within Switzerland and the Principality of Lichtenstein.
5.2 Gift pack orders received in the e-shop from Monday to Wednesday will be dispatched on the following day. Incoming orders from Thursday to Sunday will be dispatched on the following Monday. Ordered vouchers in the e-guma voucher shop will be dispatched Monday to Friday 24 hours after receiving the order. In general and particularly if the order is urgent, ASK recommends the «print@home» option for vouchers.
5.3 If ASK is unable to process the order within the time frame specified in 5.2, it will inform the customer immediately, stating the new expected delivery date, if applicable. If the new delivery period is not acceptable to the customer or if the products are no longer available in part or at all within the new delivery period, both contracting parties are entitled to withdraw from the contract with regard to the products in question. Any payment already made by the customer shall be refunded to the customer immediately in the event of cancellation.
5.4 Parcels and letters are generally sent via Swiss Post. Depending on the size and scope of the order, ASK reserves the right to commission other shipping service providers.
5.5 Unless otherwise stated in the offer, the standard delivery time for parcels with Post Pack Priority is 24-48 hours.
5.6 Where possible, the delivery status can be accessed and tracked via the shipping service provider, although ASK cannot assume any responsibility for this service provided by the shipping service provider.
5.7 ASK is not liable for delivery delays caused by the shipping service provider or a third party. The customer shall be informed immediately if ASK is aware of any delivery delays.
5.8 Where legally permissible, the benefits and risks shall be transferred to the customer when the goods are handed over to the shipping service provider.
5.9 As cheese is a perishable product, the customer shall ensure that acceptance takes place at the agreed delivery time by taking suitable precautions, for example by taking receipt of the goods itself, by instructing a person to accept the goods at the delivery address provided or by agreeing delivery times with the shipping service provider for this purpose.
5.10 If the item cannot be delivered, ASK may withdraw from the contract and charge the customer for the expenses incurred.

6. Sales to minors

6.1 The law forbids the sale of spirits, aperitifs and alcopops to those under the age of 18 as well as wine, beer and cider to those under the age of 16. Identification checks are absolutely necessary to satisfy the statutory requirements in particular in our shop and restaurant.

7. Cancellation / contractual amendments and right of revocation for goods ordered by the customer

7.1 Unless otherwise stated on the confirmation, if a booking is cancelled (confirmed reservation, not a purchase in the e-shop or e-guma voucher shop), the following cancellation fees will be charged:
Up to 72 hours (3 days) before the event, free cancellation
Up to 48 hours before the event, 50% of the reservation amount
Less than 48 hours before the event, 100% of the reservation amount
We accept only written cancellations!
7.2 If services by third party providers are included in a booking with ASK, the cancellation must be made solely and exclusively with ASK as the booking office and contractual partner. Cancellations made with third-party providers are not legally binding.
7.3 Fluctuations in the size of the group must be notified no later than the evening before the event.
7.4 A no-show will be treated like a cancellation. In this case ASK has the right to bill the amount owed and charged it to your credit card provided as a guarantee when the booking was confirmed.
7.5 For gift pack orders in the e-shop, a right of revocation applies for 60 minutes after the time of ordering. Cancellation of the order shall be made in writing to shop(at)schaukaeserei.ch .
7.6 Vouchers paid for online in the e-guma® voucher shop and printed off cannot be cancelled. Vouchers paid for by invoice can be cancelled if the relevant invoice has not yet been paid. Cancellation shall be made in writing to info(at)schaukaeserei.ch. As a general rule, the General Terms and Conditions of Appenzeller Schaukäserei AG apply to the e-guma® voucher shop. https://shop.e-guma.ch/schaukaeserei/de/terms

8. Programme changes and cancellation of the booking by ASK

8.1 The booking may be changed as a result of unforeseeable circumstances. In this event ASK will make every effort to find an equivalent replacement or another suitable solution.
8.2 You will be compensated for any lower value between the services quoted for and what is actually provided.
8.3 In the event of force majeure (natural disasters, unrest, strikes, system breakdowns etc.), measures by the authorities, losses at sea, technical defects etc., ASK can cancel the booking without providing any compensation. If the booking is cancelled by ASK before the start of travel, the travel price that has already been paid will be refunded.

9. Duty to inspect and notify defects when shopping for gift packs in the e-shop

9.1 The customer is obliged to inspect the supplied products from the e-shop immediately upon receipt of the delivery and to notify ASK in writing (in a documented manner [images]) by email at shop(at)schaukaeserei.ch of any recognised defects without undue delay (within 24 hours). If the customer fails to do so, the products shall be deemed free of defects and approved.
9.2 Defects that were not detectable upon proper inspection shall be reported to ASK in writing by email immediately after their discovery, otherwise the products shall be deemed free of defects and approved even with respect to these defects.
9.3 The customer shall refuse acceptance of parcels damaged by the shipping service provider or send them back to the shipping service provider. The shipping service provider shall be liable for the damage incurred.

10. Warranty / Rights of return

10.1 If what is offered or the service do not correspond to the contractual agreement or the customer suffers a loss, then the customer has the right and is obliged to complain about this deficiency or loss to ASK.
10.2 ASK endeavours to sell products of impeccable quality. Some of our products are natural products and might be faulty. The warranty does not include damage that cannot be proven to have occurred as a result of poor product quality, defective packaging or other reasons for which ASK is not responsible.
10.3 Discrepancy in weight: Our cheeses are cut by hand, which is why there may be differences in the weight of the pieces of cheese. ASK endeavours to compensate for any discrepancies within a gift pack purchased online as far as possible and to keep to the ordered overall weight as accurately as possible. Deviations do not constitute cause for complaint.
10.4 ASK shall accept liability for legitimate complaints within 24 hours. We will replace the goods free of charge, as long as the goods are available. A refund of no more than the purchase price will take place only if it is not possible to replace the goods. Any further claims are excluded. Products returned by customers shall become the property of ASK again.
10.5 If the subsequent delivery fails in the case of significant defects, the customer is entitled to withdraw from the contract.
10.6 There is no right of return for products ordered in the e-shop.
10.7 The compensation for any further damage is excluded, in particular any liability for indirect damage and consequential damage caused by defects is excluded to the extent permitted by law.
10.8 ASK will in principle not assume any liability (see Point 15). It is in particular under no circumstances obliged to ensure that any replacement service is provided by service providers involved in packages. This is a matter for the service provider.
10.9 If you fail to lodge a complaint with ASK on site or fail to comply with the deadline for written notification, your claims, if they exist at all, will automatically expire.

11. Parking spaces & picnics

11.1 Parking is available to visitors free of charge.
11.2 Buses are requested to use the free bus parking spaces provided.
11.3 Having picnics in the car and bus parking spaces, on the restaurant premises and in the garden restaurant of ASK is prohibited. A separate picnic area is available.
11.4 Camping with fully equipped motor homes in the car park is prohibited and is only allowed in the bus car park after consultation with and with the consent of ASK. Enquiries should be addressed to the reception of the display area.

12. Dogs / animals

12.1 Dogs are welcome in the “Höckli” and “Kessi” restaurant premises and in the garden restaurant. Please clarify the space availability with us in advance. However, animals are not permitted for hygiene reasons in the Marktplatz restaurant, the shop and the display area.

13. Operating and opening times

13.1 The cheese dairy generally produces cheese until 3pm every day. It is possible that production is shortened or cancelled for technical operational reasons, particularly when there are waiting times.
13.2 A surcharge of CHF 35.00 is charged for the entire tour price for guided tours before 8am or after 7pm without a booking for an additional service in the restaurant.
13.3 The restaurant retains the right to charge a restaurant minimum charge of CHF 1,500.00 for groups who come in the evening outside normal opening hours.
13.4 If the restaurant is open after 11pm at the request of the customer, a surcharge of CHF 100.00 will be added to the bill to cover night work per started hour.

14. Data protection

14.1 Please refer to our Data Protection Declaration, which you can download online from our website at www.schaukaeserei.ch .
14.2 ASK reserves the right to amend the data protection provisions at any time. The current privacy policy as published on the website applies in each case.
14.3 ASK reserves the right to assign or pledge to third parties any due purchase price claims vis-à-vis the customer in connection with delivered orders, including any payment instalments due, default interest and reminder fees.

15. Liability

15.1 All legal and material defect warranties are excluded to the extent permitted by law.
15.2 ASK is under no circumstances liable for services and promises made by third parties.
15.3 If services etc. from third parties are cancelled, for whatever reason, this will not affect the relationship with ASK. In particular, the customer has no right to cancel or amend the contract.
15.4 Guests must bear the full cost of any damage proven to have been caused by them during their stay. Any damage must be reported to the owner or its representatives before departure.

16. Ombudsman

16.1 You are obliged to contact the ombudsman of the Swiss Travel Industry, PO Box, 8801 Thalwil, before taking legal action. The ombudsman always endeavours to reach a fair and balanced decision in disputes between tour participants and tour operators. If no agreement is reached, recourse to the general courts of law is open to you.

17. Amendments / Validity of the GT&C

17.1 Amendments to these GT&C or special individual agreements must be made in writing.
17.2 Should a provision of these GT&C be invalid, this shall not affect the validity of the remaining terms and conditions.

18. Applicable law and place of jurisdiction

18.1 The contractual relationship between you and ASK is subject exclusively to Swiss law. The applicability of international agreements and Switzerland’s Federal Code on International Private Law (IPRG) is excluded insofar as is legally permissible. The exclusive place of jurisdiction for any resulting disputes shall be the Cantonal Court of Appenzell Ausserrhoden, Trogen, Switzerland, in the first instance.