TERMS AND CONDITIONS
Online orders, collection, delivery and catering
1. Provider and Scope
These General Terms and Conditions (“GTC”) apply to purchases from BRIO GmbH, Seestrasse 47, 8002 Zürich, Switzerland (“BRIO”), made through brio-bottega.ch, and to catering services where an individual quotation incorporates these GTC.
Different or additional terms in an individual written quotation or agreement take precedence over these GTC for the relevant order. Customer terms do not apply unless BRIO accepts them in writing.
2. Products and Product Presentation
BRIO offers perishable food products, including charcuterie, cheese, antipasti, accompaniments and related aperitivo products.
Product images are illustrative. Because products are prepared and arranged by hand and may contain seasonal ingredients, their appearance, composition, colour and presentation may reasonably vary from the photographs shown on the website.
Product descriptions, serving indications and portion guidance are estimates and do not constitute guaranteed quantities for a particular appetite or event unless expressly agreed in writing.
3. Orders and Conclusion of Contract
Products displayed online constitute an invitation to place an order and are not a binding offer by BRIO.
The customer submits a binding order by completing the checkout and payment process. An automated acknowledgement confirms receipt of the order but does not necessarily constitute acceptance.
The contract is concluded when BRIO sends an order confirmation or begins preparing the order.
BRIO may reject or cancel an order for legitimate reasons, including lack of availability, incorrect pricing, delivery limitations, suspected misuse or circumstances that prevent safe fulfilment. Any amounts already paid for an order cancelled by BRIO will be refunded.
Customers must provide complete and accurate contact, billing, delivery, collection, dietary and order information and must be legally capable of entering into the contract.
4. Order Lead Time and Availability
Standard online orders must be placed at least 24 hours before the selected delivery or collection time.
Availability shown online may change. Selected dates and time windows are not guaranteed until the order has been confirmed by BRIO.
BRIO may accept orders with less than 24 hours’ notice at its discretion. Acceptance of an urgent order does not create an entitlement to urgent fulfilment in the future.
5. Prices and Payment
Prices are displayed in Swiss francs (CHF) and represent the final prices payable by the customer. BRIO is currently not registered for Swiss value-added tax (VAT); therefore, VAT is not shown separately.
If BRIO becomes subject to VAT, the prices displayed to consumers will include the applicable VAT unless expressly stated otherwise.
Delivery charges, surcharges and other additional costs are displayed before the customer submits the order.
Available payment methods are shown during checkout. Payment is due when the order is placed unless BRIO agrees otherwise in writing.
Payment processing may be performed by a third-party payment provider under its applicable terms and privacy information.
BRIO may correct obvious pricing or technical errors. If an error affects a confirmed order, BRIO will inform the customer and offer fulfilment at the correct price or cancellation with a refund.
6. Ingredient Substitutions
If an ingredient is unavailable or does not meet BRIO’s quality standards, BRIO may replace it with an ingredient of comparable quality and value without obtaining prior approval, provided that the essential character of the order is maintained.
BRIO will take allergies and intolerances communicated with the order into account when selecting a substitution.
If no suitable substitution is available, BRIO may omit the item, offer an alternative arrangement, adjust the price where appropriate, or cancel the affected product and refund the corresponding amount.
7. Allergens and Dietary Information
Customers must clearly communicate allergies, intolerances and other medically relevant dietary requirements when placing an order and should contact BRIO before ordering if clarification is required.
Ingredient and allergen information is provided with the relevant product information or otherwise made available before purchase in accordance with applicable food law.
BRIO handles common allergens, including milk, gluten, nuts and sesame, in its production environment. Although BRIO takes reasonable precautions, cross-contact cannot be completely excluded and BRIO cannot guarantee an entirely allergen-free production environment.
Customers with severe or life-threatening allergies must contact BRIO before placing an order so that BRIO can assess whether the order can be safely accepted.
Dietary preferences or requirements are only guaranteed where they have been expressly confirmed by BRIO in writing.
Nothing in this clause limits BRIO’s liability where liability cannot legally be excluded.
8. Alcoholic Beverages and Age Verification
Alcoholic beverages may only be ordered by customers aged 18 or over.
By ordering an alcoholic beverage, the customer confirms that they meet this minimum age requirement. BRIO or its delivery partner may request valid identification before handing over an alcoholic beverage and may refuse delivery if suitable identification cannot be provided or if there are reasonable doubts regarding the customer’s age.
Customers must not purchase alcoholic beverages on behalf of persons who do not meet the applicable minimum age requirement.
9. Delivery
Delivery is available only within the areas and on the dates shown during checkout or otherwise confirmed by BRIO.
Delivery times are estimates. Reasonable deviations may occur because of traffic, weather, access restrictions or other circumstances.
The customer must provide an accurate and accessible delivery address and ensure that someone is available to receive the order during the agreed delivery window.
The customer must promptly answer calls or messages relating to the delivery.
If no one is available to receive the delivery, BRIO will attempt to contact the customer and wait for up to 10 minutes. If the customer remains unavailable, the customer authorises BRIO to leave the order unattended in a reasonably safe and accessible place at the delivery address.
The delivery will then be considered completed. From that moment, the customer is responsible for promptly collecting and refrigerating the order. To the extent legally permitted, BRIO is not responsible for theft, damage, spoilage or deterioration occurring after the order has been left, including deterioration caused by weather conditions or insufficient refrigeration.
Any agreed second delivery is subject to availability and may incur an additional delivery fee.
10. Collection
Orders may be collected only from the location and during the collection window stated in the order confirmation.
Customers should bring their order confirmation or other reasonable proof of purchase.
If the customer is delayed, they must contact BRIO as soon as possible.
Because the products are perishable, BRIO cannot guarantee their quality outside the agreed collection time and may dispose of uncollected products where necessary for food-safety reasons. Uncollected orders remain fully chargeable.
11. Storage and Consumption
Products must be refrigerated promptly following delivery or collection and stored at 5°C or below unless BRIO provides different product-specific instructions.
Products should be removed from refrigeration only shortly before serving. Unless otherwise communicated by BRIO, perishable products kept at room temperature must be consumed within a maximum of three hours following delivery, collection or setup. Any perishable food remaining at room temperature after this period must be disposed of and not consumed.
The customer is responsible for the appropriate transport, refrigeration, storage, handling and serving of the products following delivery or collection. To the extent legally permitted, BRIO is not responsible for consequences resulting from improper storage, delayed consumption or failure to follow the provided food-safety instructions.
12. Cancellation of Standard Online Orders
A standard online order may be cancelled free of charge if BRIO receives the cancellation at least 24 hours before the agreed delivery or collection time.
Any amount already paid will be refunded using the original payment method where reasonably possible.
If cancellation is received less than 24 hours before fulfilment, the full price remains payable and amounts already paid are non-refundable. This is because ingredients may already have been purchased and the perishable products prepared specifically for the customer.
Changes requested within 24 hours of fulfilment are subject to BRIO’s written acceptance and may involve additional charges.
This clause does not affect mandatory legal rights or refunds owed where BRIO fails to provide the agreed order.
13. Inspection and Complaints
The customer should inspect the order immediately upon delivery or collection.
Obvious defects, damages or discrepancies must be inspected upon receipt and reported without undue delay, and in any event within two (2) hours following handover (or prior to consumption/event start, whichever is earlier), accompanied by photographic evidence.
The report should include the order number, a description of the issue and photographs where relevant.
The two-hour reporting period enables BRIO to assess perishable products and does not exclude mandatory rights concerning defects that could not reasonably have been discovered within that period.
Customers must preserve the affected product appropriately and follow reasonable instructions provided by BRIO for its assessment.
Where a complaint is justified, BRIO may, as appropriate, replace the affected item, provide a partial refund, refund the affected product or offer another reasonable remedy.
Minor variations inherent in handcrafted or seasonal products are not considered defects.
14. Catering Quotations and Confirmation
An order is treated as a catering order whenever BRIO issues an individual quotation.
The quotation specifies the services, products, event details, price and any event-specific conditions.
Unless the quotation states otherwise, a catering booking becomes binding when the customer accepts the quotation in writing and BRIO receives a deposit equal to 50% of the quoted price.
The deposit is credited against the final invoice.
The remaining balance is due by the date stated in the quotation or invoice. If no payment date is stated, the remaining balance is due no later than seven days before the event.
For bookings confirmed fewer than seven days before the event, full payment is due upon confirmation.
The customer is responsible for supplying accurate event information and obtaining the necessary venue access, permissions, utilities, furniture and facilities unless the quotation expressly assigns these responsibilities to BRIO.
15. Catering Changes and Cancellations
Catering cancellations must be submitted in writing.
Unless the individual quotation provides otherwise, the following cancellation charges apply to the total agreed price:
Cancellation received 14 days or more before the event: no cancellation charge; amounts already paid will be refunded.
Cancellation received from 7 days to fewer than 14 days before the event: 50% of the total agreed price is payable.
Cancellation received fewer than 7 days before the event: 100% of the total agreed price is payable.
Any non-refundable third-party costs or special purchases expressly approved by the customer may additionally remain payable to the extent stated in the quotation.
A requested change to the date, guest count, menu, venue or scope is subject to BRIO’s availability and written confirmation and may result in a price adjustment.
A reduction in the scope of the booking may be treated as a partial cancellation where BRIO has already incurred costs or reserved capacity.
16. Liability
BRIO is liable in accordance with mandatory law.
To the extent legally permitted, BRIO is not liable for indirect or consequential loss, loss caused by incorrect information provided by the customer, failure to follow storage or allergen instructions, or circumstances outside BRIO’s reasonable control.
Any limitation or exclusion of liability in these GTC does not apply to intent, gross negligence, personal injury, product liability or any other liability that cannot legally be limited or excluded. To the furthest extent permitted under Art. 101 para. 2 of the Swiss Code of Obligations (CO), BRIO fully excludes any and all liability for acts, omissions and faults of its auxiliary persons, temporary event staff, agents, and third-party delivery services.
17. Data Protection
Personal data is processed in accordance with BRIO’s Privacy Policy, which is available on brio-bottega.ch.
18. Intellectual Property
All rights in BRIO’s names, branding, photographs, designs, recipes to the extent protected by law, website content and other materials remain with BRIO or the relevant rights holder.
No rights are transferred to the customer except for the limited right to use purchased products and supplied materials for their intended private or agreed event purpose.
20. Amendments and Severability
BRIO may amend these GTC prospectively.
The version accepted when an order is placed applies to that order unless a change is required by mandatory law or expressly agreed with the customer.
If a provision is invalid or unenforceable, the remaining provisions continue to apply.
The invalid provision will be replaced, to the extent legally possible, by a valid provision that most closely reflects its commercial purpose.
21. Applicable Law and Jurisdiction
These GTC and the contractual relationship are governed by substantive Swiss law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods.
Subject to mandatory places of jurisdiction under the Swiss Civil Procedure Code (specifically Art. 32 CPC for consumers), the ordinary courts at the registered seat of BRIO in Zurich, Switzerland, shall have exclusive jurisdiction.
22. Contact
Questions about orders or these GTC may be sent to:
BRIO GmbH
Seestrasse 47
8002 Zürich
Switzerland
Email: hello@brio-bottega.ch