Object and scope of application

The HomeGourmet SA limited company is recorded in the Commercial Register of the Canton de Vaud under the number CH-550.1.121.165-9 and its headquarters are located at 2 Place de l’Industrie, 1180 ROLLE VD, Switzerland. The company proposes, by the web site www.HomeGourmet.ch that it services the delivery of catering to private and to companies. The present general terms of sale (below also “GTS”) govern the contractual relation between on one hand HomeGourmet and, on the other hand its customers.

Creation of customer account and processing of information.

To be able to benefit from the offer HomeGourmet, the client needs to proceed to his registration on the web site www.HomeGourmet.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. HomeGourmet can’t be held responsible in case of impossibility of command execution due to false or incomplete information. During the validation of his registration on the website HomeGourmet, the costumer chooses an identifier associated to a valid email address, a password and confirm having full capacity to contract (below also the “customer account”). The customer is the only responsible for the use of his identifier and password which are worth proof of his identity and commit him for any command validated through both identification data. Any order crossed through the client account is considered done by the client registered and the holder of the customer account. The customer commit to keep the information related to the identifier and the password confidential and not to communicate it to with third parties to avoid as far as possible any risk of intrusion in his customer account. HomeGourmet cannot be held responsible for a non-authorized use of the Customer Account by a third who had access to the identifier and to the password. HomeGourmet do 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 HomeGourmet, 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 info@homegourmet.ch.

Acceptation of the general sale conditions

By validating his online inscription on www.homegourmet.ch, and following all orders, the customer recognizes having read, understood and accepted, without reserve these General Sales Terms. HomeGourmet 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 are available on www.homegourmet.ch In the case of non-respect of the GST, HomeGourmet 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.

Orders

Orders can be completed at any time on www.homegourmet.ch. The minimum amount for delivery is CHF 60.- per order. 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. HomeGourmet 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 HomeGourmet. Once confirmed, the order cannot me modified. Cancellation of an order is possible 36 hours before scheduled delivery via email to info@homegourmet.ch during Customer Service opening hours. Confirmation of the order is a binding contract between HomeGourmet and the customer.

Price and payment

Price of products

The product prices suggested by HomeGourmet are in Swiss francs (CHF) and all orders are tax inclusive. The applied sales tax is current to the day of the order. The applied prices are those published on the site www.homegourmet.ch at the time of the order.

Payment

Payment is accepted exclusively in Swiss francs CHF. Payment for orders goods is accepted exclusively by bank card via the secured online platform. HomeGourmet does not have access to the customer’s confidential bank information. For companies, order payment may be done via a monthly invoice via a “Premium Account” upon approval by HomeGourmet. Invoices are sent electronically, or via post after delivery to the customer’s specified address or directly upon delivery of goods. Any HomeGourmet invoice must be paid within 20 days following receipt. If the payment delay is not respected, HomeGourmet reserves the right to refuse any order and to bill late fees. A reminder of payment automatically incurs suspension of the initially inputted payment method. HomeGourmet can refuse any order to a customer with outstanding invoices, if HomeGourmet has reason to doubt in the customer’s solvency.

Delivery

Place of delivery

Delivery of HomeGourmet products is limited to the geographic areas defined on www.homegourmet.ch. Delivery zones can be verified prior to ordering on the website. For any out of zone deliveries, the customer is asked to contact HomeGourmet, who reserves the right to accept or refuse the delivery, on a case by case basis. After the electronic confirmation of the order by HomeGourmet, the products ordered will be delivered to the customer, based upon the information supplied by the customer. It is of that responsibility to supply accurate and specific information in the customer account (address, building number, floor, door codes…). Deliveries may not be picked up at the HomeGourmet headquarters.

Schedules

Deliveries are performed Monday through Friday. The customer chooses a date and time slot for delivery. Delivery is performed as early as the following day between 8am and 7pm, considering the order was confirmed before 5pm the day prior. Delivery hours may vary within the timeslot and occasionally be situated outside the timeslot. HomeGourmet cannot guarantee a delivery time in the case, amongst many possible, of bad weather, poor traffic conditions, inexact addresses, technical difficulties or other within the HomeGourmet 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 HomeGourmet 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, HomeGourmet 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, HomeGourmet goods will be left at the door step or with a neighbour if such a request has been made prior. HomeGourmet commits to respecting proper cold food handling procedures up to delivery to the customer, using adequate equipment. Once delivery has been made, it becomes 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 healty 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 door step in his or her absence. HomeGourmet 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 HomeGourmet Customer Service.

Product information

Upon delivery, the customer agrees to respect the conservation and preparation guidelines published on the goods and/or on www.homegourmet.ch. OfficeGourmet goods are delivered fresh in a biodegradable or recyclable box. They must be consumed day of delivery and within 2 hours after unpacking. HomeGourmet recommends that customer do not freeze the delivered goods. The customer is solely responsible to follow conservation and preparation instructions as supplied by HomeGourmet online as well as with the delivered goods. HomeGourmet 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 HomeGourmet at 021 825 4045, Monday through Friday, 9am to 5pm.

Incomplete delivery

If a HomeGourmet product is unavailable at time of delivery, HomeGourmet 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 HomeGourmet delivery

If, for reasons independent of HomeGourmet’s efforts (such as an inaccurate address, unauthorized access, or weather or traffic conditions rendering delivery impossible, etc.), delivery becomes impossible, HomeGourmet reserves the right to cancel the delivery. The customer may not require compensation, under any form.

Customer service

HomeGourmet Customer Service is available to customers for information and support regarding all aspects of service and goods and for problem resolution. All claims concerning HomeGourmet product delivery must be made by the customer to the Customer Service by email at info@homegourmet.ch or by telephone at 021 825 4045. Any defects or flaws must be reported immediately upon delivery and at the latest 24 hours following delivery. Otherwise, the goods will be considered as accepted and validated by the customer. HomeGourmet 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 HomeGourmet, reimbursement or a coupon at equal value to be used on a 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 HomeGourmet products.

Warranty and responsibility

HomeGourmet cannot be held responsible for damages resulting from internet usage, such as loss of data, virus, and intrusion, suspension of service or fraudulent use of a bank card. As well, HomeGourmet’s responsibility cannot be engaged direct or indirect damages caused the customer, principally but not solely due to lack of respect of preparation and conservation procedures.

Force majeur

HomeGourmet 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 HomeGourmet site are exclusively owned by HomeGourmet 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 HomeGourmet. The photos are not contractual; HomeGourmet is not liable for any differences that may exist between photos and delivered goods.

Applicable law

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

Jurisdiction

In case of litigation, HomeGourmet and the customer will make every effort to resolve it amiably. 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 Vaud canton Tribunal, with recourse handled by the Federal Tribunal. All other jurisdiction is equally reserved. HomeGourmet SA Place de l’industrie, 2 1180 Rolle Suisse www.homegourmet.ch 021.825.40.45 info@homegourmet.ch