General Terms and Conditions

Sam Pack GmbH · Buchmattstrasse 4a · 3400 Burgdorf

CHE-324.650.644 VAT · Version 2 of 19 August 2026

These General Terms and Conditions (GTC) apply to all deliveries and services provided by Sam Pack GmbH to companies, businesses, institutions and self-employed persons, irrespective of whether the order is placed through the customer portal, by telephone, WhatsApp, e-mail or in person. No sales are made to private individuals for private purposes.

By placing an order, the customer confirms that they are acting exclusively for business or professional purposes. Sam Pack GmbH is entitled to request suitable evidence of commercial activity where necessary, and to refuse or block registrations or orders. Deviating terms and conditions of the customer apply only if Sam Pack GmbH has expressly agreed to them in text form.

Supplementary or deviating conditions may apply to individual services, rental, transport or other special services. In the event of a conflict, such special conditions take precedence over these GTC.

Access credentials for the customer portal must be treated confidentially and protected against access by unauthorised third parties. The customer is responsible for persons to whom they grant access to their account or authority to place orders.

Sam Pack GmbH may treat orders placed via the customer account or via the communication channels assigned to the customer as originating from the customer, provided there is no apparent misuse. Any suspicion of misuse must be reported to Sam Pack GmbH without delay. Changes to company name, delivery address, contact persons or invoicing details must be notified in good time.

The presentation of products, prices and services in the customer portal or in other documents does not constitute a binding offer. By sending or transmitting an order, the customer makes a binding offer. The contract is concluded as soon as Sam Pack GmbH confirms the order, begins picking or performance, or delivers the goods.

Orders placed by telephone, as well as orders placed via WhatsApp or voice message, may be recorded electronically by Sam Pack GmbH and summarised in an order confirmation. The customer must check the confirmation without delay upon receipt and report any identifiable discrepancies, where possible before picking or delivery. If no timely correction is made, Sam Pack GmbH may rely on the confirmed version. Obvious transmission, clerical or calculation errors remain reserved.

All prices are in Swiss francs, net and exclusive of the value added tax owed by law. Prices agreed individually in writing or in the customer account take precedence over general list prices. The decisive price is the one displayed at the time of ordering or expressly agreed.

Price changes apply to future orders. Obvious pricing or system errors entitle Sam Pack GmbH to make a correction before delivery; the customer will be informed in such cases and may confirm the order at the corrected price or withdraw from the affected part of the order.

The customer is assigned to a delivery zone with specific delivery days. Unless otherwise agreed or displayed in the portal, the order deadline is 20:00 on the evening before the scheduled delivery day. Orders received later will be taken into account where possible; in such cases there is no entitlement to delivery on the originally scheduled delivery day.

Orders are subject to product availability and, where applicable, to credit approval. A substitute product will only be delivered after prior consultation in the case of foodstuffs or other material product deviations.

Delivery is made to the agreed delivery address. The customer ensures that access is possible and that the goods can be accepted by an authorised person during the usual delivery window. Sam Pack GmbH may in principle assume that persons accepting the goods at the business delivery address are authorised to do so, unless notified otherwise in advance.

If a delivery cannot be made for reasons within the customer's sphere of responsibility, Sam Pack GmbH may charge, to a reasonable extent, the additional expenses actually incurred, in particular for a repeat journey, return transport or the necessary disposal of goods that are no longer marketable. The obligation to pay for goods properly provided or already transported remains in force to the extent provided by law.

Where a drop-off authorisation or a specific place of deposit has been expressly agreed, delivery is deemed to have been made upon proper deposit at the agreed location. Deliveries and handovers may be documented electronically.

Sam Pack GmbH bears responsibility for the storage it owes and the transport it carries out until proper handover. Upon handover to the customer, the customer's employees, or a transport or receiving person designated by the customer, the risk of accidental deterioration as well as responsibility for proper storage and further handling pass to the customer.

In the case of chilled, frozen and fresh goods, the customer is obliged to store the goods without delay after handover in accordance with the product information and food law requirements, and to maintain the required cold chain. Where a drop-off authorisation has been agreed, this responsibility passes upon deposit at the agreed location.

Sam Pack GmbH is not liable for losses of quality, spoilage, temperature deviations or other damage arising after proper handover as a result of delayed storage, interruption of the cold chain, unsuitable storage temperature, improper handling or onward transport within the customer's sphere of responsibility.

Delivery dates and delivery windows are indicative unless they have been expressly confirmed as binding. Sam Pack GmbH is entitled to make reasonable partial deliveries; only goods actually delivered and services agreed are charged.

To the extent permitted by law, there is no liability for delays or temporary unavailability resulting from circumstances outside the reasonable control of Sam Pack GmbH. These include in particular traffic and transport disruptions, vehicle or refrigeration equipment failures despite appropriate maintenance, energy or IT failures, official measures, import or export restrictions, strikes, natural events, epidemics, and failures to supply by upstream suppliers that are not attributable to Sam Pack GmbH.

If such a state of affairs lasts longer than 30 days and the affected performance has not yet been rendered, either party may withdraw from the contract in respect of the part not yet performed. Services already duly rendered remain payable.

Payment is generally made on delivery using the means of payment accepted by Sam Pack GmbH, unless purchase on invoice has been expressly agreed. Where purchase on invoice is granted, the invoice amount is due without deduction within the period stated on the invoice or, in the absence of such a statement, within 10 calendar days of the invoice date. A discount for early payment exists only where expressly agreed.

Sam Pack GmbH may at any time, on objectively justified grounds, adjust or revoke a granted payment on invoice or credit limit for future orders, in particular in the event of outstanding receivables, payment default, exceeding of the credit limit or justified doubts as to solvency. In such cases Sam Pack GmbH may require advance payment, cash payment or payment on handover, and may withhold further deliveries until outstanding amounts have been settled.

In the event of default, the customer owes default interest of 5 % per annum. In addition, necessary and demonstrable reminder, debt collection or recovery costs may be claimed, insofar as these were caused by the default and are legally permissible. Set-off against counterclaims is permitted only if these have been acknowledged by Sam Pack GmbH or established by a legally binding decision.

The customer must inspect the goods upon handover, without delay and to the extent reasonable, for correct products and quantities, externally recognisable damage, packaging condition and, in the case of chilled, frozen and fresh goods, for recognisable temperature or cold chain problems.

Obvious defects, shortfalls and transport damage must be reported upon handover, and at the latest within 24 hours of delivery. Complaints regarding temperature or a recognisable cold chain problem must be reported immediately upon handover and documented where possible. Hidden defects must be reported without delay after discovery and within the shelf life of the goods; where reasonable, the report should be made within 48 hours of discovery.

A complaint should contain at least the invoice or order reference, the product, the quantity affected and a description of the defect; where necessary, photographs, batch details or existing temperature records should be attached. The goods complained of must be stored appropriately until the matter is clarified and must not be disposed of or processed, unless food law or safety reasons require immediate action.

If notice of defects is not given in good time, the goods are deemed approved to the extent permitted by law. Mandatory statutory claims remain reserved.

Where a defect for which Sam Pack GmbH is responsible exists, Sam Pack GmbH decides, at its own discretion and taking the circumstances into account, on replacement delivery, subsequent delivery of a shortfall, a credit note or an appropriate price reduction. A claim to a particular form of remedy exists only to the extent that the law mandatorily provides for it.

No warranty claims exist for impairments caused after the transfer of risk by improper storage, interruption of the cold chain, incorrect use, processing, mixing, repackaging, onward transport or other circumstances within the sphere of responsibility of the customer or of third parties.

There is no general right of withdrawal or return in business-to-business dealings. Foodstuffs, chilled and frozen goods, as well as opened packaging units or units no longer in perfect marketable condition, are generally not taken back for reasons of hygiene and quality, unless a justified defect exists.

Unopened, undamaged and resaleable packaging or non-food goods may be taken back only with the prior consent of Sam Pack GmbH. Special orders, goods procured specifically for a customer and sales units already opened are excluded from voluntary returns.

Product images, illustrations, descriptions and technical details in the portal serve as information. Manufacturers may change packaging, recipes, weight units or design. For the specific use of a delivered foodstuff, the details on the original packaging and labelling actually delivered are decisive.

The customer is obliged, in particular before processing, resale or supply to third parties, to observe the information on the delivered product regarding ingredients, allergens, storage, preparation and shelf life. Mandatory information and product safety obligations of Sam Pack GmbH remain unaffected.

Sam Pack GmbH is liable for damage caused intentionally or through gross negligence by it or its auxiliary persons. Liability for slight negligence is excluded to the extent permitted by law. Where a complete exclusion is not permissible in an individual case, liability for slight negligence is limited to the direct, typically foreseeable damage and at most to the net value of the goods of the delivery concerned.

To the extent permitted by law, liability for indirect and consequential damage is excluded, in particular loss of profit, interruption of production or operations, loss of customers or orders, and claims by third parties against the customer. Sam Pack GmbH is not liable for damage attributable to improper storage, further processing, interruption of the cold chain or other acts occurring after the transfer of risk.

Mandatory statutory liability, in particular for unlawful intent or gross negligence as well as under the Product Liability Act and other liability that cannot be validly excluded, remains reserved.

Sam Pack GmbH processes personal data for the initiation and performance of the business relationship, for customer and account administration, for delivery, payment processing and the fulfilment of legal obligations in accordance with applicable Swiss data protection law. Details, in particular regarding the service providers engaged, retention and any transfers of data, follow from the data protection declaration in force at the time.

Contractual and service-related communications, in particular order, delivery and payment information, may be transmitted via the communication channels indicated or used by the customer. Electronic advertising and marketing communications take place only to the extent permitted by law and, where required, on the basis of consent; such consent may be revoked at any time with effect for the future.

Sam Pack GmbH may amend these GTC for future orders. A new version will be made accessible in the customer portal or by other suitable means. Where consent is required or provided for, it will be obtained before the new version is applied. For orders already concluded, the version incorporated at the time the contract was concluded applies in principle.

Swiss substantive law applies exclusively, to the exclusion of the Vienna Sales Convention (CISG), insofar as its exclusion is permissible. The exclusive place of jurisdiction for disputes arising from or in connection with the business relationship is, to the extent permitted by law, Burgdorf, Canton of Bern.

The GTC may be made available in several languages. Translations serve comprehension. In the event of differences of interpretation, the German version prevails.

Should any provision of these GTC be wholly or partly invalid or unenforceable, the remaining provisions shall remain unaffected. The invalid provision shall be replaced, to the extent permissible, by a rule that comes as close as possible to the economic purpose of the original provision.

Version 2 of 19 August 2026