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General conditions of the company "Weekly Food Sàrl" - Updated on 04.01.2023
1. Scope of application
These General Terms and Conditions of Sale ("Terms and Conditions" or "GTC") apply to all activities provided by the limited liability company "Weekly Food Sàrl" (hereinafter referred to as "the Company"), located at Rue de Morat 45, 2502 Biel, Switzerland and registered in the Commercial Register of the Canton of Berne (CHE-319.856.720).
The purpose of the Company is to provide services in the fields of gastronomy and hospitality; to operate restaurants, hotels, bakeries, confectioneries or other similar businesses; to develop, prepare, manufacture and market foodstuffs and to trade in food and beverages.
These General Conditions apply to all sales made by the Company, whether through the Company's website, www.weekly-food.ch, through resellers or through sales made by telephone, by e-mail, by oral declaration or by any other means.
By accessing and using the Company's website, in particular by purchasing the Company's products, the client acknowledges that he/she is bound by these General Conditions, which he/she declares to have read and understood. These General Conditions can be consulted at www.weekly-food.ch/conditions-generales/
The Company reserves the right, at its sole discretion, to modify these General Conditions at any time. It is the client's responsibility to consult them regularly in order to be informed of any changes. The Terms and Conditions applicable at the time of the conclusion of the contract by the client shall apply, unless the client has expressly accepted other provisions in writing.
2. Conclusion of an order
When placing an order, the customer selects the dishes he/she wants to receive. According to his preferences: he defines the food variant, the number of meals he wishes to receive for the following week (if the order is placed before Friday then the customer is delivered the following week, at the earliest on Tuesday. If the order is placed after this time, it is an order placed for delivery on Tuesday of the following week (12 days later)), the customer indicates the food exclusions. The customer fills in his personal data and payment information before confirming the payment of the first order.
The personal data required for the registration of the customer must be complete and truthful. The customer undertakes to keep his data up to date.
An incorrect delivery address may result in a delivery error and a total loss of the order at the customer's expense.
Promotional offers, information and order confirmations sent by Weekly Food to customers are sent to the e-mail address indicated by the customer at the time the subscription contract was concluded.
Before placing an order, the customer must check and correct the information and details entered. The customer is not entitled to any refund for products ordered in error and/or sent to the wrong address. By confirming the first order, the customer places a firm order for products offered by Weekly Food. Unless modified or cancelled, the order is automatically validated six (6) days at 23:00 CET before the next delivery date.
Weekly Food confirms receipt of the order by email immediately after payment confirmation
4. Weekly Food services
4.1 Product preparation
Weekly Food prepares and markets ready-made meals made from fresh, often natural ingredients, usually without additives. The company's recipes favour local and seasonal products. The product images presented on the site are not contractually binding. They are suggestions for presentation. Weekly Food cannot be held responsible for any discrepancy between these images and the actual appearance of the products.
4.2 Shipment of products
The dishes ordered by the customer are packaged in individual sealed trays and sent cold by the company in an isothermal box which guarantees the cold chain for 24/48 hours after packaging.
Weekly Food delivers autonomously to these close customers and sends the distant shipments by Swiss Post. In the case of postal dispatch, the delegation to Swiss Post takes place the day before the delivery at 4 pm.
Weekly Food instructs the Swiss Post to leave the parcel in front of the door or near the mailbox in case the recipient is absent. Weekly Food declines all responsibility for theft or damage in case of absence of the customer at the time of delivery, which the customer explicitly acknowledges by accepting the general conditions.
4.4 Perishable products
Weekly Food draws the customer's attention to the perishable nature of its ready meals.
The customer must place the cooked dishes in a refrigerator at 2-4˚C no later than 9pm (Swiss time) on the day of delivery, the earlier the better, and keep them there. If the customer is required to move their dishes before consumption, they must ensure that the cold chain is respected. The use-by date is indicated on the label of each dish and the customer must comply with it.
Failure to do so can lead to serious problems and Weekly Food cannot be held responsible.
Weekly Food strives to deliver all ordered products in sufficient quantities and in perfect quality. In some cases, however, it may happen that for various reasons a product is no longer available in the required quantities or that it cannot be delivered within the requested period. If a product is not available at the time of delivery, Weekly Food is entitled to replace it with a similar product of the same kind and, if possible, of better quality, or to adapt its recipe accordingly, always respecting the category of dish selected and the food exclusions indicated by the customer. In case of replaced products, the customer can neither claim compensation nor damages.
If an invoiced product cannot be delivered, the corresponding amount will be refunded to the customer.
There is no new delivery and the customer has no claim for damages.
If, for reasons beyond Weekly Food's control (e.g. wrong delivery address, absence of the recipient, no access, difficult traffic due to bad weather or road traffic, failure of the Swiss Post to fulfil its obligations, etc.), the delivery is made impossible or almost impossible, Weekly Food is entitled to cancel the order. Any claim of the customer for compensation in kind or damages is in this case entirely excluded.
Weekly Food takes complaints about our ready-made meals into account and tries to respond to them as best as possible. However, due to the perishable nature of our products, any queries about them should be made within a maximum of forty-eight (48) hours of delivery via email@example.com.
4.6 Return of delivery boxes and insulated equipment
As an option, the customer can choose to return the delivery box and the isothermal equipment it contains to Weekly Food. To do so, the customer must select the item Optional - Return of the package charged at CHF 5.85.
This item is automatically added to the shopping cart of customers visiting www.weekly-food.ch, however, at their option, the visitor can choose to remove this item from their cart and therefore keep/recycle the shipping carton and the isothermal equipment themselves.
If the customer chooses to have the delivery box returned, by paying the Optional item - Return of the parcel, Weekly Food will provide a pre-stamped return label at the time of delivery.
The customer can then return the delivery box and all the isothermal elements (cardboard, two-part isothermal protection, cold accumulators) at no extra cost, by presenting the closed package with the return label at a La Poste counter.
2. Conclusion of the contract
The contract is concluded when the client accepts the offer made by the Company in connection with the purchase of the Company's products.
The contract is in any case concluded as soon as the client accepts the services offered by the Company and/or orders products on the Company's website or purchases its products directly.
Unless otherwise agreed, all prices are quoted in Swiss francs (CHF). The Company reserves the right to indicate prices in other currencies depending on the countries in which its products are sold.
All prices quoted include additional amounts for Value Added Tax (VAT), where applicable. The applicable VAT rate is determined by the country concerned.
The prices do not include any additional taxes that may apply.
The Company reserves the right to change its prices at any time. The prices indicated on the Company's website and in its price list shall apply at the time the contract is concluded.
5. Secure payment platform
Payment for orders is mainly made by Visa or Mastercard via the Swiss platform Wallee and the secure payment platform Concardis (please read the General Terms and Conditions of Use of Concardis).
Prior to the first order, the customer provides his or her payment information and expressly agrees that this information may be stored by the Concardis platform.
The Concardis platform collects information related to the method of payment (e.g., payment card number or bank account information), the amount of the purchase, the date of the purchase, and the method of payment. The information collected may vary depending on the payment method used.
As part of our fraud monitoring, prevention and detection activities, Concardis may also receive personal data about you from our business partners, financial service providers, identity verification services, and publicly available sources (e.g., name, address, telephone number, country of residence) in order to confirm customer identity and prevent fraud.
The Company offers the client the following payment methods: credit card, Twint, Paypal. On a case by case basis. Most of the public customers only have the possibility to pay by credit card.
Generally, the sales price shall be fully paid by the client upon conclusion of the contract. The Company will send the ordered products as soon as the sales price is paid, the meals cooked and the day before the selected delivery day.
Where the Company offers products for sale, hire or other use through an internet platform, it reserves the right to require payment to be made electronically as part of the ordering process (credit card, Paypal or other payment systems).
It is not possible for the client to offset any claims against the invoice amount that he has to pay to the Company.
7. Obligations of the Company
7.1. Delivery / Delivery date
Delivery will be made within 12 (twelve) working days of the order if it is to be made in Switzerland.
The Company's delivery commitment is void in the event of failure or non-compliance with the supply, manufacturing and transport deadlines set by its own suppliers (partners, transport company, etc.), insofar as the delay is not attributable to the Company.
If the delivery has not been made within the aforementioned period, for example in the event of a delay by the carrier, the client must immediately inform the Company that the products ordered have not been delivered.
If the Company, its suppliers or commissioned third parties are unable to perform on time due to force majeure, e.g. in the event of natural disasters, earthquakes, volcanic eruptions, avalanches, storms, war, political or social unrest, civil war, revolution and insurrection, terrorism, sabotage, strikes or nuclear accidents or damage to nuclear reactors, the Company is released from the obligation to perform, civil war, revolution and insurrection, terrorism, sabotage, strike or nuclear accident or damage to nuclear reactors, then the Company is released from the obligation to perform during these force majeure events and for an appropriate period of time following the end of these events. If the case of force majeure lasts longer than 30 (thirty) days, the Company is entitled to withdraw from the contract. The Company must then reimburse in full the sums already paid by the client.
All other claims, in particular claims for damages due to force majeure, are excluded.
Unless otherwise agreed, the place of performance shall be at the Company's registered office.
The service provided by the Company shall be deemed to have been performed when the products are handed over to the carrier chosen by the Company.
The Company expressly reserves the right to engage auxiliary persons to perform its contractual obligations.
8. Obligations of the client
The client is obliged to take all necessary measures as soon as possible so that the Company can provide its services. The client must take all such steps at the place, time and in the manner agreed. Depending on the circumstances, the client shall also be obliged to provide the Company with all necessary information and documents.
The client is personally liable to the Company and to third parties for the proper performance of these duties and shall bear the full consequences of any fault.
The Company accepts no responsibility for services provided by third parties, to the extent permitted by law.
In the case of foodstuffs, if the product sold by the Company is not suitable for the customer, the customer is not entitled to any refund.
On a case-by-case basis, the company may, of its own free will, make a commercial gesture towards the customer.
Following the order, the customer cannot withdraw if the order (the dishes) have already been prepared or the raw materials necessary to prepare these dishes have already been ordered.
The legal provisions concerning the guarantee apply.
Any liability for indirect or consequential damage is excluded.
The liability for direct damage is limited to the contractually agreed amount. This limitation of liability does not apply in the event of intent or gross negligence.
Any liability of auxiliary persons is excluded to the extent permitted by law.
13. Intellectual property rights
The Company has all rights to the products and services it offers.
Neither these Terms and Conditions nor the individual agreements relating to them deal with the assignment of intellectual property rights, unless this is expressly provided for.
Furthermore, any re-use, publication or dissemination of information, images, texts or any other elements that the client receives in connection with these provisions is excluded, unless expressly authorised by the Company.
The client must ensure that he/she does not violate any intellectual property rights of third parties when using content, images, texts or graphics in connection with the Company.
14. Data protection
The Company shall process and use the data collected at the time of the conclusion of the contract in order to fulfil its contractual obligations. The Company shall take all necessary measures to ensure data protection in accordance with the legal provisions. The client agrees to the storage and use of his/her data in accordance with the contract and is aware that the Company may disclose his/her data or the data of third parties in the event of court or official orders. Unless the client has expressly excluded it, the Company is entitled to use its data for marketing purposes. The data required for the execution of the service may be transferred to service partners commissioned by the Company and to other third parties.
These General Terms and Conditions supersede any previous agreements or provisions. Only the provisions of individual contracts which specify these General Conditions shall take precedence over them.
16. Salvation Clause
The validity of these General Terms and Conditions shall not be affected if any of its provisions or appendices are or should be declared invalid. In this case, the invalid provision shall be replaced by a valid provision that comes close to the purpose of the invalid provision. The same applies in the case of a possible contractual loophole.
The client, the Company and their assistants undertake to keep secret all information exchanged or acquired in the course of the services performed. The obligation of confidentiality shall continue even after termination of the contract.
18. Agents and distributors
The client accepts that any distributors or agents may work independently of the Company and that any claims must therefore be made directly against them. The Company accepts no liability for any breach of contract by any agents or distributors.
19. Applicable law / Place of jurisdiction
These General Terms and Conditions are subject to Swiss law.
The courts located at the place of the Company's registered office shall have jurisdiction to settle any dispute between the parties, unless otherwise provided by mandatory legal provisions.
The Company is free to bring legal action at the defendant's seat/domicile.
The application of the United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is expressly excluded.