General Terms and Conditions (GTC) of Foodways Consulting GmbH
1. Scope
These General Terms and Conditions (GTC) of Foodways Consulting GmbH, Murbacher-strasse 34, 4056 Basel (hereinafter “Foodways Consulting”), apply to all offers, quotations, deliveries, work, consulting services, and all other services provided by Foodways Consulting.
Foodways Consulting provides services to its clients in the area of environmental sustainability within the food industry. This includes, in particular, the design and implementation of client projects.
The following GTC, in the version current at the time of acceptance of the quotation or the use of the respective service, apply between Foodways Consulting and its clients.
A “client” is defined as any natural or legal person who maintains a business relationship with Foodways Consulting.
These General Terms and Conditions apply exclusively. Any terms and conditions that conflict with, supplement, or deviate from these General Terms and Conditions require the express written confirmation of Foodways Consulting to be valid. By utilizing the services of Foodways Consulting and upon conclusion of the contract, the client confirms full acceptance of these General Terms and Conditions.
2. Information from Foodways Consulting
Brochures and promotional materials from Foodways Consulting, as well as the website www.foodways.ch, contain information about services. Prices, offers, and technical specifications are subject to change without notice. All details (service descriptions, illustrations, videos, dimensions, weights, technical specifications, and other information) are to be understood as approximate values only and, in particular, do not constitute any assurance of characteristics or guarantees, unless explicitly stated otherwise. Foodways Consulting endeavors to provide all details and information in a correct, complete, up-to-date, and clear manner; however, Foodways Consulting cannot provide any warranty, either express or implied, in this regard.
Foodways Consulting cannot guarantee that the services offered and/or advertised can actually be provided. Therefore, all information regarding services is provided without warranty and is subject to change at any time without notice.
3. Prices
The prices specified in the quote or in Foodways Consulting’s price list current at the time the contract is concluded shall apply. The prices include the services ordered by the client.
Agreed flat rates are based on the information provided by the customer to Foodways Consulting for the purpose of calculation. If unforeseen deviations arise during the performance of the work, such work will be billed at the then-current rates. Before such work is performed, Foodways Consulting will obtain the customer’s consent.
Unless otherwise specified, all prices listed in quotes, brochures, and promotional materials from Foodways Consulting, as well as on www.foodways.ch, are exclusive of statutory value-added tax. The applicable statutory value-added tax will be added to the listed prices.
Transportation costs for personnel, as well as any delivery and shipping costs, will be billed separately—unless otherwise specified or a flat rate has been agreed upon—and are to be paid by the customer.
Foodways Consulting reserves the right to make technical changes and correct errors and misprints; in particular, Foodways Consulting may change prices at any time and without prior notice before a quote is issued.
4. Conclusion of the Contract
The offers and quotations from Foodways Consulting constitute a non-binding invitation to the customer to utilize the services. Upon mutual signing of a corresponding contract, a binding agreement between Foodways Consulting and the customer regarding the services requested by the customer comes into effect.
Unless otherwise noted, the customer has no right of withdrawal.
If, after the contract has been concluded, it becomes apparent that the ordered services cannot be provided, or cannot be provided in full, Foodways Consulting is entitled to withdraw from the entire contract or from a portion of the contract. If Foodways Consulting has already received payment from the customer, the payment will be refunded to the customer (on a pro-rata basis). If no payment has yet been made, the customer is released from the (pro-rata) payment obligation. In the event of contract termination, Foodways Consulting is under no obligation to provide substitute performance, and any liability on the part of Foodways Consulting is excluded.
5. Payment Terms
Invoices from Foodways Consulting are due for payment within 30 days, net; costs for Food Save projects in the food service industry are due upon conclusion of the contract. In the event of late payment by the customer, Foodways Consulting may charge late payment interest of 5% per year as well as a reminder fee of up to CHF 50.— per reminder. Disputes raised by the customer do not affect the due date of the invoice. Offsetting by the customer is excluded.
Foodways Consulting is entitled to request a down payment at its discretion after the customer has confirmed the order.
Foodways Consulting is entitled to invoice the customer for work already performed based on the progress of the work (progress invoices).
6. Preparation of the Proposal
Foodways Consulting’s proposal specifies all requirements that the services to be provided must meet.
The quotation is prepared in consultation with the client. The client must notify Foodways Consulting of any errors or omissions in the quotation no later than upon delivery of the order confirmation. If deficiencies or omissions in the proposal that are reported at a later date are taken into account, the resulting additional costs shall be borne by the client if the deficiencies or omissions were recognizable to the client at the time of acceptance. Otherwise, the additional costs shall be borne by Foodways Consulting.
7. Changes and Project Termination
The client may request a change to the agreed-upon services from Foodways Consulting at any time.
If the client requests a change, Foodways Consulting will notify the client in writing within 14 business days of the impact of the requested change on the provision of services (in particular on compensation and deadlines). The client must provide written consent to this.
If the client requests a change, Foodways Consulting will not refuse it without good cause. Good cause for refusal includes, in particular, situations where the requested change would jeopardize the provision of services or where the resources required for the change are not available at Foodways Consulting or are available only at disproportionate expense.
In the event of premature termination of the project by the client, Foodways Consulting will invoice the client for all services rendered up to that point as well as 50% of the outstanding services.
8. Obligations of Foodways Consulting
Unless otherwise agreed, Foodways Consulting shall fulfill its obligations by providing the agreed-upon services in accordance with the agreement, on time, and in a professional manner. Foodways Consulting is entitled to provide and invoice partial deliveries and/or partial services, provided this is reasonable for the client.
Foodways Consulting will carry out the customer’s subsequent change requests provided that they can be implemented without incurring additional costs or causing delays. If additional costs arise from subsequent change requests, Foodways Consulting will notify the customer in advance, and the customer must confirm in writing that it will bear these additional costs.
Foodways Consulting has the express right to engage third parties to fulfill its contractual obligations.
Foodways Consulting is entitled to use artificial intelligence applications in the course of fulfilling the contract wherever it is objectively appropriate to do so. Such use shall take place exclusively through accounts or services licensed by Foodways Consulting. Personal or otherwise sensitive data shall not be entered into these applications. Foodways Consulting assumes no responsibility whatsoever for any further processing of data by the applications used. The use of AI applications does not relieve Foodways Consulting of its professional responsibility for the services provided.
9. Obligations of the Client
The client is obligated to immediately take all necessary steps required for Foodways Consulting to perform the service. The client must take these steps at the agreed-upon location, at the agreed-upon time, and to the agreed-upon extent. Depending on the circumstances, this may include providing Foodways Consulting with appropriate information and documentation.
Furthermore, the customer is obligated to provide comprehensive and prompt cooperation. Specifically for Food Save projects, the proactive participation of the customer and its employees is essential for the success of the projects. The customer agrees to ensure that data collection on food waste is carried out with a high standard of data quality and to make the necessary personnel available at project meetings to define measures and make decisions.
The client shall provide Foodways Consulting with all documents necessary for the provision of services, without being asked, in full, and with accurate content. Foodways Consulting assumes that the information and documents provided are accurate and complete and comply with legal obligations regarding cooperation and disclosure. Foodways Consulting is responsible for verifying the accuracy and correctness of the client’s information, documents, and figures only if this has been agreed upon in writing in advance.
If the client fails to fulfill its obligations to cooperate, Foodways Consulting will invoice the resulting additional expenses at the hourly rate. Foodways Consulting is also entitled to terminate the project in question and charge the client for all costs incurred.
10. Acceptance, Obligation to Inspect, and Notice of Defects
The client is obligated to inspect the services performed by Foodways Consulting. Any defects must be reported to Foodways Consulting immediately; otherwise, the services shall be deemed to have been accepted without reservation.
11. Warranty
Foodways Consulting is liable, in accordance with Art. 367 et seq. of the Swiss Code of Obligations (OR), for the diligent performance of the services ordered from it.
The customer’s claims for defects shall be barred two years after acceptance.
For goods delivered by Foodways Consulting in the course of providing the service, the warranty provisions of the respective manufacturer shall apply.
Any warranty is excluded in the implementation of customer requests that deviate from Foodways Consulting’s recommendations.
12. Liability
Foodways Consulting excludes all liability for damages that did not arise as a result of Foodways Consulting’s services, regardless of their legal basis, as well as claims for damages against Foodways Consulting and any agents or vicarious agents. In particular, Foodways Consulting is not liable for indirect damages or consequential damages arising from defects, lost profits, or any other personal injury, property damage, or purely financial loss suffered by the client. This is without prejudice to any further mandatory statutory liability, such as for gross negligence or willful misconduct.
13. Data Protection
The protection of our clients’ personal data is important to Foodways Consulting. Foodways Consulting takes data protection seriously and ensures appropriate security measures. Foodways Consulting processes and maintains personal data in accordance with applicable data protection regulations.
The customer agrees that Foodways Consulting may use their data to carry out advertising activities (online or in print), in particular to provide them with information about offers.
The customer may object to such advertising at any time by notifying Foodways Consulting.
14. Additional Provisions
The parties agree to exchange information regarding material facts pertaining to the project’s execution. They shall treat such information as confidential.
Communication measures based on project activities and results shall be agreed upon between Foodways Consulting and the customer.
Should any individual provisions of these General Terms and Conditions be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts thereof shall remain unaffected. The invalid and/or unenforceable provisions shall be replaced by provisions that most closely approximate, in a legally valid manner, the economic intent and purpose of the invalid and/or unenforceable provisions. The same applies to any gaps in the provisions.
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is expressly excluded.
The place of jurisdiction is Basel-Stadt, unless the law provides for mandatory places of jurisdiction.
Basel, March 11, 2026