Terms and conditions

Introduction

These terms and conditions (“Terms”, “Agreement”) are an agreement between Website Operator (“Swiss Food”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the swissfoodexpress.com website and any of its products or services (collectively, “Website” or “Services”).

Swiss Food is a sole proprietorship with its registered office in Switzerland, officially registered with the Commercial Register CHE-445.834.972.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Accounts and membership

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Memberships are only permitted to adults of legal age under the laws of the country of residence.

Privacy Policy

We respect your privacy and are committed to protecting your personal information. Please refer to our [Privacy Policy](https://swissfoodexpress.com/pages/terms-and-conditions) to understand how we collect, use, and protect your information. By using our website, you agree to the practices described in our Privacy Policy.

User content

We do not own any data, information or material (“Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

Services

Swiss Food displays a catalog of purchasable products on its website.

Swiss Food is in the business of reselling packaged foods produced in Switzerland and setting up shipping to private customers. Swiss Food does not produce or manufacture any type of food.

Disclaimer of Warranties

The products and services available on our website are provided “as is” without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the products or services you purchase will be exactly as described on the website or that they will be available uninterruptedly.

Purchases

  • Payments:

    Payment must be made in advance and for the full amount due (shipping + goods) through the payment systems displayed on the site (Paypal, Stripe or similar). We do not accept other forms of payment other than those available on the site.

  • Currencies:

    The reference and base currency is the Swiss franc (CHF).
    Payments can be made in other currencies on our website and other sales channels. During purchase if you select a currency other than the base currency, an exchange rate is made based on third-party services at the time of purchase.

  • Purchase error:

    If a purchase has been made in error, the customer must notify us immediately via the contact form within 24 hours, otherwise the order will be considered effective. If the user does not notify in time, 20% will be deducted from the total amount for administrative and reimbursement fees by the third-party payment provider.

  • Product Availability:

    We strive to keep our online inventory updated to reflect the availability of products. However, under exceptional circumstances, there may be a discrepancy between the product availability shown on the website and the actual availability in our warehouse. If an ordered product is not available due to logistical reasons, we commit to one of the following actions:

    a. Replacement with an equivalent product: We are glad to replace the unavailable product with a comparable alternative that has similar features and comparable value. Before proceeding with the replacement, we will contact you to provide detailed information about the proposed replacement product and to get your approval.

    b. Refund: If replacement with an equivalent product is not acceptable to you, we will perform a full refund of the amount paid for the unavailable product. The refund will be processed using the original payment method within a reasonable timeframe.

  • Refunds and returns:

    In principle, refunds will only be made in the event of an error on the part of Swiss Food, for damaged or missing goods.

    If the products have been shipped, we do not accept refund requests (except in the cases listed above).

    If the package that was set up and shipped correctly, and is not picked up by the customer, a refund cannot be made.

    Swiss Food does not accept returns of goods and excludes all liability once the goods have been sent (see Responsibility chapter).

    Refunds do not include shipping costs, in principle only the products are reimbursed by Swiss Food.

    All shipped packages are insured through the shipping provider.

    Shipping costs are refunded in the event of damage or loss of the package. To obtain a full refund, you must wait for confirmation from the Swiss Post or the couriers used for transport (this occurs only after sending an official request to the relevant services). 
    Generally, this process requires a 30-day wait before receiving a response from the postal or courier service.

    Refund requests must be sent in writing by email or the contact form on our site.

Shipping and Delivery Terms

We do our best to ship your products as quickly as possible. However, shipping and delivery times are only estimates and we do not guarantee that products will arrive within the times stated. Furthermore, we are not responsible for delivery delays caused by circumstances outside our control, such as courier delays, customs issues, etc.

Shipment preparation time:

The standard parcel preparation time for an order is 3 business days. However, in certain circumstances, this period may extend up to 5 business days. ‘Business days’ are defined as weekdays from Monday to Friday, excluding Swiss holidays.

It is highlighted that the parcel preparation time does not include shipping times. Therefore, to calculate the total expected delivery time of the order, the user will have to consider both the parcel preparation time and the estimated shipping time.

 

Data Management

We take appropriate measures to secure and backup data related to the use of our Website and Services. In the event of hardware failure or data loss, we will endeavor to restore backups to minimize impact and downtime.

Links to other websites

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Limitation of Liability

To the maximum extent permitted by law, Swiss Food shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Responsibilities

Swiss Food is responsible for the products up to the first point of contact of the postal service within the Swiss territory.

The customer is responsible for importing the products into his own country, as well as for other expenses not covered by our service and import customs fees.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form.

Competent legal forum

All disputes in connection with these conditions are within the exclusive jurisdiction of the ordinary courts of Bellinzona, Switzerland (CH).
(Lugano Convention, CLug; SR 0.275.12)