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ONLINE TERMS AND CONDITIONS

General sales terms as of September 1, 2020.

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, and its headquarters are located at Holunderweg 4, 8704 Herrliberg, Switzerland. The company proposes, by the web site www.madamesum.com and www.madamesum.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 offer of Madame Sum AG, the client needs to proceed to his registration on the web site www.madamesum.ch with the electronic form that is provided. The customer commits to provide the right, complete, and precise information and to update any data as soon as possible in case of modifications. Madame Sum AG can’t be held responsible in case of impossibility of command execution due to false or incomplete information. Any order crossed through the client account is considered done by the client registered and the holder of the customer account (for sales of products or request of quotes). Madame Sum AG does not transmit the data supplied by a customer as far as they are essential for the good execution of its performance, particularly during the order or the payment (for ex. To the Post delivery department, the debt collection agency in case of non-payment etc.) or for the information of the customers. Even more, the customer’s personal data are handled with the biggest confidentiality. By validating his customer account, the customer grants tacitly to receive advertising information or other nature on behalf of Madame Sum AG, via various communication channels (email, mail, mobile phone). The customer can unsubscribe at any time, easily and free of charge by following the instructions appearing in the respective message or by sending an email to the address sharing@madamesum.ch.

Acceptation of the general sale conditions

By validating his online inscription on www.madamesum.ch / www.madamesum.com, and following all orders, the customer recognizes having read, understood and accepted, without reserve these General Sales Terms. Madame Sum AG reserves the right to modify these GST at any time. These modifications are applicable and opposable by the customer following their posting online any apply to any past order. The current GST is available on www.madamesum.ch / www.madamesum.com. In the 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 services without prejudice to any various 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 approving the order, the customer accepts these 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 (wine and beer) and 18 years of age. 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. It will state the selected order, the date, and location of desired delivery. Any error or delay due to incorrect or incomplete information supplied by the customer will not be accounted to Madame Sum AG. Taking into account the short delivery time and the perishable nature of the products, confirmed orders may 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 suggested by Madame Sum AG are in Swiss francs (CHF), and all orders are including VAT. The applied sales tax is current to the day of the order. The applied prices are those published on the site www.madamesum.ch / www.madamesum.com at the time of the order.

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.

Delivery

Place of delivery

Delivery of Madame Sum AG products is limited to the geographic areas defined hereafter: PLZ 8001-8006, 8008, 8032, 8044, 8045, 8055, 8700, 8702-8704, 8706 - 8708. For any out of zone deliveries, the customer is asked to contact Madame Sum AG, who reserves the right to accept or refuse the delivery, on a case by case basis. 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 Atelier at Grütstrasse 56, 8704 Herrliberg.

Schedules

Deliveries are performed Tuesday through Sunday according to the chosen delivery option. Opening hours for instant delivery are 17.30 to 21.30. The delivery is performed immediately after the order is confirmed. Delivery hours may vary within the timeslot and occasionally be situated outside the timeslot. 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. No delivery of Madame Sum AG goods will take place on national and bank holidays and will not, in any case, heliport leek on the Swiss National Holiday.

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 and 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. Madame Sum AG commits to respecting proper frozen food handling procedures up to delivery to the customer, using adequate equipment. Once delivery has been made, it becomes the sole responsibility of the customer, regardless of his 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 product once delivered, even if the delivery has been made to a neighbour or left at the doorstep in his or her absence. Madame Sum AG declines any responsibility regarding theft or temperature variations or damage to the goods once delivered. 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 one month upon delivery. The customer is solely responsible for following conservation and preparation instructions as supplied by Madame Sum AG online as well as with the delivered goods. Madame Sum AG cannot guarantee a total absence of allergens in its meals 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, and the customer agrees to this point. If a billed good 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, or weather or traffic conditions rendering delivery impossible, etc.), delivery becomes impossible, Madame Sum AG reserves the right to cancel the delivery. The customer may not require compensation, under any form.

Customer service

Madame Sum AG Customer Service is available to customers for information and support regarding all aspects of service 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 sharing@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 case 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

It is strictly forbidden to resell and Madame Sum AG products.

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’s responsibility cannot be engaged direct or indirect damages caused the customer, principally but not solely due to lack of respect for preparation and conservation procedures.

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, etc.) without any claim to damages or penalties made by the customer.

Intellectual property

Texts, photos, images, underlying technology, and logos on the Madame Sum AG site are exclusively owned by Madame Sum AG or its suppliers and are protected by intellectual property laws. Any use or reproduction, even partial, in any manner by the customer is prohibited, without prior approval by Madame Sum AG. The photos are not contractual; Madame Sum AG is not liable for any differences that may exist between photos and delivered goods.

Applicable law

Swiss law applies to contracts agreed upon between Madame Sum AG and its customers, as well as to these General Sales Terms.

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. All other jurisdiction is equally reserved.

Madame Sum AG, Holunderweg 4, 8704, Herrliberg. sharing@madamesum.ch; www.madamesum.com