Terms and Conditions

General sales terms as of September 20, 2021.

Object and scope of application

The Madame Sum AG is recorded in the Commercial Register of the Canton of Zurich under the number CHE-145.907.138. The company proposes, via the web site www.madamesum.com , www.madamesum.ch, www.dumplingaltitude.ch that it services the delivery of catering to private and to companies as well as the direct sales and delivery of frozen products. The present general terms of sale (below also “GTS”) govern the contractual relationship between on the one hand Madame Sum AG and, on the other hand, its customers.

Creation of customer account and processing of information.

To be able to benefit from the offers of Madame Sum AG, the client is required to register online at: www.madamesum.ch or ww.madamesum.com using the electronic form available.

The customer commits to provide the correct and complete information and to update it as soon as possible in case of changes. Madame Sum AG cannot be held responsible in case of impossibility to order fulfilment due to lack or incorrect information.

By crossing the field “Subscribe to our Newsletter” when creating an account, a customer is accepting to receive advertising information from Madame Sum AG, via various communication channels (email, mail, mobile phone). The customer can unsubscribe at any time, free of charge by sending an email to support@madamesum.ch.

Acceptation of the general sale conditions

By registering online via www.madamesum.ch / www.madamesum.com, the customer is accepting to having read, understood and accepted, without reserves these General Sales Terms and Conditions. Madame Sum AG reserves the right to modify these GST at any time. The current GST are available on www.madamesum.ch / www.madamesum.com. In case of non-respect of the GST, Madame Sum AG reserves the right, at any time, to suspend or close the customer account and to refuse access to any or all of its services without prejudice to any ongoing judicial proceedings.

Online Orders

Orders can be completed at any time on www.madamesum.ch / www.madamesum.com. Any order on the web site must be completed and approved by the customer. By validating the order, the customer accepts the General Sales Terms. Madame Sum AG reserves the right to modify the composition of recipes and products depending on seasonality and daily availability of said products. For orders containing alcohol, the customer must verify being of legal age to consume alcoholic beverages, which are 16 (for wine and beer) and 18 years of age for other alcoholic beverages. Excessive alcohol consumption is dangerous; please consider moderate consumption. Any order validated by the customer will be confirmed by an e-mail sent to the pre-registered email. The email will state the selected order, the date, and location of the desired delivery.

Madame Sum AG will not be liable for any delay or error due to incorrect or incomplete information supplied by the customer.

Taking into account the short delivery time and the perishable nature of the products, confirmed orders cannot not be modified or cancelled, and the products delivered cannot be returned or exchanged. A Confirmation of the order is a binding contract between Madame Sum AG and the customer.

Price of products

The product prices determined by Madame Sum AG are in Swiss francs (CHF), and all orders are including VAT. The applied sales taxes

Any taxes reflected are valid to the date where the order is placed. The applied prices are those published on the site www.madamesum.ch / www.madamesum.com at the time of the order.

Madame Sum AG reserves the right to change the prices at any time. The prices on Madame Sum AG's website and according to Madame Sum AG's price list valid at the time of the conclusion of the contract shall apply.

Payment

Payment is accepted exclusively in Swiss francs CHF. Payment for orders goods is solely accepted by bank card via the secured online platform. Madame Sum AG does not have access to the customer’s confidential bank information. For companies, order payment may be made via a monthly invoice via a “Premium Account” upon approval by Madame Sum AG. Invoices are sent electronically, or via post after delivery to the customer’s specified address or directly upon delivery of goods. Any Madame Sum AG invoice must be paid within 30 days following receipt. If the payment delay is not respected, Madame Sum AG reserves the right to refuse any order and to bill late fees. A reminder of payment automatically incurs a suspension of the initially inputted payment method. Madame Sum AG can refuse any order to a customer with outstanding invoices if Madame Sum AG has reason to doubt in the customer’s solvency.

Invoice - Cembrapay (Byjuno)

The payment option Invoice is operated by Cembrapay AG. The T&Cs of Cembrapay AG apply

Klarna

In order to offer you Klarna’s payment methods, we might in the checkout pass your personal data in the form of contact and order details to Klarna, in order for Klarna to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed in line with Klarna’s own privacy notice

Digital Giftcards

Giftcards have to be redeemed at once, there will not be any remaining credit after using.

Delivery

Place of delivery

Delivery of Madame Sum AG products is limited to the geographic areas within Zürich, Genève and Lausanne. After the electronic confirmation of the order by Madame Sum AG, the products ordered will be delivered to the customer, based upon the information supplied by the customer. It is of that responsibility to provide accurate and specific information in the customer account (address, building number, floor, door codes…). Deliveries can also be picked up at the Madame Sum facilities at Seestrasse 49, 8702 Zollikon; Rue des Voisins 2, 1205 Genève and in Lausanne at Boulevard de Grancy 45 1006 Lausanne.

Schedules

Deliveries are done Monday through Sunday according to the chosen delivery schedule. For any delivery outside of Zürich, Genève or Lausanne, the deliveries are performed Monday through Sunday according to the chosen delivery option. Delivery hours may vary within the time slot and occasionally be situated outside the time slot. Madame Sum AG cannot guarantee an exact delivery time in the case, amongst many possible, of bad weather, poor traffic conditions, inexact addresses, technical difficulties, or other within the Madame Sum AG offices. Certain delivery dates may be blocked and rendered impossible, notably days with exceptional business levels. In which case, any compensation requested by the customer is excluded.

Customer absence

For security and produce quality reasons, Madame Sum AG strives to deliver to the customer in person. If the customer is not present at the time of delivery or has not provided relevant information, Madame Sum AG goods will be left at the doorstep or with a neighbour if such a request has been made prior to the delivery. Madame Sum AG commits to respect proper frozen food handling procedures up to delivery to the customer, using adequate equipment. Once delivery has been fulfilled, it becomes the sole responsibility of the customer, regardless of his/her location at the time of delivery. It becomes the customer’s responsibility to handle and store the goods according to healthy and sanitary standards. The customer bears the responsibility of the products once they have been delivered, even if the delivery has been fulfilled via a neighbour or left at the doorstep in his or her absence. Madame Sum AG is not liable for any responsibility regarding theft or temperature variations or damage to the goods once delivered is made. However, if such a case occurs, the customer is invited to contact the Madame Sum AG offices.

Product Information

Upon delivery, the customer agrees to respect the conservation and preparation guidelines indicated in the package. Madame Sum goods are delivered frozen. They must be consumed within the specified best before date. The customer is solely responsible to follow conservation and preparation instructions as supplied by Madame Sum AG online as well as in a leaflet with the delivered goods. Madame Sum AG cannot guarantee a total absence of allergens in its products and cannot be held responsible as such. For more information on this matter, the customer is encouraged to contact Madame Sum AG.

Incomplete delivery

If a Madame Sum AG product is unavailable at the time of delivery, Madame Sum AG will make a conscious effort to inform the customer in a short delay. The goods will not be invoiced and will not be sent at a later time, this being understood by the customer at the time of placing an order.

If a billed product cannot be delivered, the amount corresponding to the unavailable good will be reimbursed to the customer. There is no new delivery, and the customer cannot ask for compensation.

Cancellation of a Madame Sum AG delivery

If for reasons independent of Madame Sum AG’s efforts (such as an inaccurate address, unauthorized access, weather, traffic conditions, force majeure, etc.), delivery becomes impossible, Madame Sum AG reserves the right to cancel the delivery. In the above case, the customer will not be compensated.

Customer service

Madame Sum AG Customer Service is available to customers for information and support regarding all aspects of our services and goods and problem resolution. All claims concerning Madame Sum AG product delivery must be made by the customer to the Customer Service by email at support@madamesum.ch or by telephone. Any defects or flaws must be reported immediately upon delivery and at the latest 1 hour following delivery. Otherwise, the goods will be considered as accepted and validated by the customer. Madame Sum AG reserves the right to not follow up on any claim submitted past this delay. In the event of proven flaws, the customer may obtain, at the discretion of Madame Sum AG, reimbursement or a coupon at equal value to be used on the following order, excluding any further claim to damages or penalties. For hygiene and food sanitation reasons, perishable goods cannot be exchanged or returned.

Miscellaneous

Unauthorised reselling of MS products will be actively prosecuted. MS reserved all actions against any unauthorised practice.

Warranty and responsibility

Madame Sum AG cannot be held responsible for damages resulting from internet usages, such as loss of data, virus, and intrusion, suspension of service or fraudulent use of a bank card. As well, Madame Sum AG is not liable in any way or form for direct or indirect damages which might arise to the customer, especially but not limited to not following conservation and preparation procedures advised by MS.

Any liability for auxiliary persons shall be limited within the same extent.

Force Majeure

Madame Sum AG can be freed from any obligations or suspend them if services are rendered impossible in force majeure cases (war, riot, exceptional climate-related issues, disaster, pandemics etc.) without any claim to damages or penalties made by the customer.

Intellectual property

Texts, photos, images, underlying technology, trademarks on the Madame Sum AG site are exclusively owned by Madame Sum AG or its suppliers.

Patents, trademarks, copyrights, domain names, website text and contents, descriptions are protected by national and international laws.

The photos are not contractual; Madame Sum AG is not liable for any differences that may exist between photos and delivered goods.

Any misuse, misappropriation without prior and written consent from MS will be prosecuted both nationally in Switzerland and internationally when online.

If the customer uses content, texts or pictorial material in connection with Madame Sum AG in which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.

Applicable law

Swiss law applies to contracts agreed upon between Madame Sum AG and its customers, as well as to these General Sales Terms. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.

Jurisdiction

In case of litigation, Madame Sum AG and the customer will make every effort to resolve it amicably. If such a case becomes impossible, all litigation resulting from the interpretation execution of the contract linked to these General Sales Terms will be handled by the Zurich cantonal Tribunal, with recourse handled by the Federal Tribunal.

Madame Sum AG reserves the right to resolve litigation via other legal system as Arbitration and mediation, both nationally and internationally.

Changes:

These General Terms and Conditions (GTC) may be amended by Madame Sum AG at any time.

The new version shall come into force 30 (thirty) days after the notification by Madame Sum AG.

The version of the GTC that is in force at the time of the conclusion of the contract shall apply to the Customers. Unless the Customer has agreed to a newer version of the GTC.

Priority

These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts, which still specify the provisions of these GTC, take precedence over these GTC.

Severability clause

Should any provision of this contract or any supplement thereto be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same shall apply to any gaps in the contract.