General Terms and Conditions (GTC) Truffle Buddy Marketplace

1. Scope of Application

These GTC apply to the marketplace on maggis-trueffel.ch and in the “Truffle Buddy” app, operated by:

Maggis Trüffel by Hofmann IT
Lochackerweg 2, 3125 Toffen, Switzerland
Email: info@maggis-trueffel.ch

The GTC apply to buyers and providers who use the marketplace as well as the associated ordering, payment, and mediation functions. Providers accept the GTC upon registration or activation of their market stall. For any order, the version valid at the time the contract is concluded shall generally apply.

2. Role of Truffle Buddy

Truffle Buddy is a digital marketplace for fresh truffles, products, courses, tours, experiences, and other suitable offers related to truffles, dogs, and nature. We provide the platform and specifically handle the technical processing of orders, payments, and mediation.

If an offer is provided by a third-party provider, the purchase or service contract is concluded between the buyer and that provider. The provider is responsible for their offer, its quality and safety, as well as for correct delivery or execution. If Maggis Trüffel is explicitly stated as the provider, the contract is concluded directly with Hofmann IT.

3. Providers and Market Stall

Anyone wishing to sell via Truffle Buddy must submit a request and will be activated by us. There is no entitlement to admission or permanent use of the marketplace.

Providers must provide complete, current, and truthful information. They are personally responsible for complying with all legal regulations applicable to their activities. Depending on the offer, this includes, in particular, regulations on food, taxes, trade, labeling, and consumer protection, as well as necessary permits, registrations, or insurance.

We may request additional information, photos, or proof. However, the activation of a provider or an offer does not constitute a guarantee by Truffle Buddy regarding its quality, safety, or legality.

4. Offers and Prices

Providers generally decide for themselves which suitable products or services they offer. They are responsible for descriptions, prices, images, quantities, dates, availability, and legally required information. All information must be correct and up to date.

Prices include any legally owed taxes unless otherwise stated. Shipping costs and other costs are displayed before the order is completed. Truffle Buddy may review offers, request additional information, or reject or remove offers if there are justified doubts about their quality, safety, or legality.

5. Commission and Fees

For the sale of fresh truffles via Truffle Buddy, the platform commission is 20% of the product price. Separately stated shipping costs are not included in the calculation of the commission.

For products, courses, tours, experiences, and other offers, the commission is agreed individually with the provider and may be lower than 20%. A commission higher than 20% will only be applied if this has been explicitly agreed with the provider. The applicable commission will be communicated before publication or release for sale.

In addition, the actual payment and transaction fees incurred by the payment service provider will be deducted from the sales proceeds. The provider thus generally receives the sales price minus the agreed platform commission and the actual payment fees incurred. Separately stated shipping costs are generally assigned in full to the provider, unless otherwise agreed.

6. Payment and Stripe

Payment by buyers is made centrally via the platform and the payment service providers used. For providers, a connected Stripe account may be required for this purpose.

Identity verification, bank details, and other legally required checks are generally carried out directly by Stripe. Providers are responsible for keeping their information complete and up to date. Delays due to checks or requirements of the payment service provider may affect the payout.

7. Payout

For products and fresh truffles, a protection window of 14 days generally applies. After this, the sales proceeds are released for payout, provided there is no complaint, refund, payment dispute, or other open case requiring clarification.

For courses, tours, experiences, and other services with a fixed date, release generally only occurs after the booked service has been performed. For multi-part or longer-term offers, individual arrangements may be agreed upon.

The actual credit to the bank account may require additional processing time by Stripe or the respective bank.

8. Refunds and Payment Issues

In the event of a full or partial refund, the corresponding amount may be deducted from the provider’s sales proceeds. If the amount has already been paid out, it can be reclaimed or offset against future sales proceeds.

This applies in particular to justified complaints, cancellations, undelivered orders, significant quality defects, payment disputes, or chargebacks. In the event of disputed complaints, the provider is generally given the opportunity to comment and submit photos, proof of shipping, or other information.

In the event of suspected fraud, security issues, or mandatory requirements from the payment service provider, necessary measures can also be taken immediately.

9. Delivery and Execution

The respective provider is responsible for the shipping and delivery of products as well as the execution of courses, tours, experiences, and other services. An order may only be accepted or an offer marked as available if the goods or service can actually be provided within the specified period.

In the event of unexpected problems or delays, the buyer or Truffle Buddy must be informed as early as possible.

10. Food and Fresh Truffles

Anyone selling food via Truffle Buddy is personally responsible for its safety and compliance with applicable legal regulations. For fresh truffles, this specifically concerns origin, species identification, freshness, quality, storage, packaging, shipping, and legally required labeling.

Only food that is safe and suitable for human consumption may be sold. Providers must professionally identify the truffle species offered. If there is uncertainty about the truffle species, the truffles must not be offered or sold as edible truffles.

For truffle offers, information regarding the truffle species, region of discovery, date of discovery, available quantity, and quality, as well as current photos, may be requested. Truffle Buddy may request further information or proof in case of doubt. However, the review by the platform does not replace the provider’s responsibility for correct species identification and quality.

11. Quality of Fresh Truffles

Only fresh and flawless truffles may be shipped. Heavily spoiled, rotten, or truffles no longer suitable for consumption must not be sold. The provider is responsible for suitable storage, packaging, and shipping method.

Fresh truffles are a natural product. Differences in shape, size, color, ripeness, firmness, and aroma are normal and do not constitute a quality defect on their own. Even a small amount of natural insect or worm infestation can occur in wild-collected truffles and is not automatically considered a significant defect.

12. Complaints Regarding Fresh Truffles

Significant quality defects must generally be reported within 24 hours of receipt. The complaint must include a description of the problem and clear photos. The buyer is obliged to store the truffles properly after receipt.

Significant defects include, in particular, severe rot, significant spoilage, or other conditions that make the truffles unsuitable for consumption. In the event of a justified complaint, a replacement can be delivered or a partial or full refund can be made.

In disputed cases, the provider will generally be heard. The economic responsibility for justified quality defects generally lies with the respective provider.

13. Order Pool for Fresh Truffles

For certain orders, buyers can place a binding order and pay for fresh truffles before it is determined which provider will take the order. Truffle Buddy then displays or mediates this order to suitable providers.

The purchase contract for the truffles is only concluded once a provider bindingly accepts the order and it is assigned to them. If no provider can be found within the specified or a reasonable period, the order can be canceled. Amounts already paid will be fully refunded.
Participation in the order pool is voluntary for providers. There is no entitlement to specific orders or a specific number of mediations. Orders can be mediated, for example, based on truffle species, region, available quantity, delivery capability, reliability, and previous complaints.

14. Accepting a Truffle Order

Providers decide for themselves whether to take an order from the order pool. An order may only be accepted if the required quantity is actually available and can be delivered on time.

Upon acceptance, the order becomes binding. If, in exceptional cases, it cannot be fulfilled, Truffle Buddy must be informed immediately. Repeated cancellations, incorrect quantity information, non-delivery, or significant quality problems can lead to the restriction or blocking of the provider profile.

15. Cancellation and Returns

Unless a legal right of withdrawal or return exists, no additional voluntary right of return is granted by these GTC.

For highly perishable goods such as fresh truffles, a return after delivery is generally excluded. Justified complaints due to significant quality defects remain unaffected by this.

For courses, tours, experiences, and other scheduled services, the cancellation conditions specified in the respective offer apply. Legal rights remain reserved.

16. Sales Outside of Truffle Buddy

Providers remain independent and may continue to sell their products and services through their own channels. There is no exclusivity towards Truffle Buddy or Maggis Trüffel.

However, targeted circumvention of the platform for customers or orders mediated via Truffle Buddy is not permitted. In particular, buyers may not be asked to complete an order initiated via Truffle Buddy outside of the platform in order to circumvent the commission or fees.

Customers with whom a separate business relationship already existed beforehand may continue to be served directly.

17. Reviews and Content

Reviews must be based on actual experiences. Illegal, offensive, discriminatory, misleading, manipulated, or demonstrably false content is not permitted.

Truffle Buddy may review and remove such content. In the event of serious or repeated violations, user accounts or provider profiles may be restricted or blocked.

18. Blocking and Protection of the Platform

In the event of justified suspicion of fraud, abuse, significant quality problems, repeated complaints, undelivered orders, false information, or open payment cases, individual functions or a provider profile may be temporarily restricted.

Before a permanent block, the provider will generally be informed of the reason and, where appropriate, given the opportunity to comment. In the event of serious security, fraud, or payment cases, an immediate block may be necessary.

19. Liability

Truffle Buddy provides the technical sales, payment, and mediation platform. For offers from third-party providers, the respective provider is specifically responsible for the offer, species identification, origin, quality, safety, delivery, and proper execution.

To the extent permitted by law, the platform is not liable for breaches of duty by third-party providers, indirect damages, consequential damages, or failures of independent service providers. Uninterrupted and error-free availability of the platform at all times cannot be guaranteed.

Mandatory statutory liability provisions remain reserved.

20. Data Protection

The processing of personal data is governed by our Privacy Policy. For payment processing, the data protection provisions of the payment service provider used also apply.

Data necessary for the execution of an order may be exchanged between Truffle Buddy, the buyer, and the responsible provider. Providers may only use customer data for the processing of the respective order and within the framework of legal provisions. Unauthorized use for advertising or to circumvent the platform is not permitted.

21. Changes to the GTC

We may adapt these GTC if this is necessary due to new functions, technical changes, or legal requirements. For orders already completed, the version valid at the time the contract was concluded shall generally apply.

Significant changes may be communicated via the platform or by email. If necessary, renewed consent may be requested. Changes to the commission will not be applied retroactively to orders that have already been bindingly concluded.

22. Termination of Provider Use

Providers can generally terminate the use of the marketplace at any time. There is no minimum term and no exclusivity obligation.

Orders already accepted must nevertheless be properly completed. Open refunds, chargebacks, claims, and commission entitlements remain in effect even after termination.

23. Final Provisions

Should any provision of these GTC be invalid or unenforceable, the remaining provisions shall remain in effect. They shall be replaced by the applicable legal regulations.

Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is, to the extent permitted by law, Toffen BE. Mandatory legal places of jurisdiction, particularly for consumer contracts, remain reserved.

24. Contact

Maggis Trüffel by Hofmann IT
Lochackerweg 2
3125 Toffen, Switzerland
Email: info@maggis-trueffel.ch