Terms and Conditions
General Terms & Conditions
These General Terms and Conditions apply to the online sale of “Uqonic Chefs” Products (hereinafter the “Products”) by Gate Gourmet Switzerland GmbH with registered address Sägereistrasse 20, 8152 Glattbrugg, Switzerland (hereinafter the “Seller”). A Customer to the Website is defined as any person who places an order on the website, https://www.uqonicchefs.com, (hereinafter the “Website”).
Important points to note:
Please note the below important information:
The Customer is solely responsible for the choice, purchase and acceptance of a Product.
Article No. 1 – Scope of application
These General Terms and Conditions of Sale (hereinafter “GTC”) define the rights and obligations of the parties in connection with the online sale of Products.
For private consumers, the Products sold are strictly for private consumption; any resale is prohibited.
By confirming the order, the Seller’s offer is accepted and the Customer accepts the price and description of the Products. The contract resulting from this confirmation will be governed by the terms and conditions in force on the date of the Order. The Seller reserves the right to modify its Website, its procedures and terms and conditions, including these GTC, at any time. However, where so required by an administrative or governmental authority, the modified GTC may apply to a transaction made prior to a modification.
Any order implies acceptance and obligation of payment.
The sale to minors including the sale of alcohol is prohibited. The Customer declares to having the legal capacity required to enter into a contract under these GTCs and purchase the Products offered on the Website.
The Products offered for sale and delivered by the Seller are subject to available stock, as specified at the time of placing the order. Likewise, the Products may be changed without prior notice. The Seller is in no way liable in the event of temporary or permanent unavailability of a Product.
Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or to be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these GTC and other applicable terms and conditions, and that they comply with them.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these GTC. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
Article No. 2 – Products
THE CUSTOMER IS SOLELY RESPONSIBLE FOR THE CHOICE AND PURCHASE OF A PRODUCT. The Products offered for sale are ready-to-eat products produced by the Seller.
The ingredients are not intended to meet the dietary needs of any group whatsoever (for example and without limitation: vegan, culinary requirements related to a religious or ethnic affiliation, etc.). Photographs and images are presented for information purposes and are non-contractual.
The details of each Product offered for sale are presented on the Website (see ‘product’ and ‘allergens and ‘ingredients’ and ‘shelf life’). While the Seller complies with all applicable laws and regulations regarding composition and labelling, it cannot rule out the presence of allergens or components that are offensive to said diets.
The Customer must therefore consult the Product fact sheets at the time of placing the order to learn the characteristics and specific information as well as the presence of allergens. The Customer is also invited to contact the Seller for any further questions. If the Customer has food allergies or has any doubt whatsoever as to the ingredients used in relation to particular sensitivities, the Customer is invited to select a different Product or not to place an order. Subject to the mandatory provisions of the law, in no event shall the Seller be liable in the event of an order error or an allergic reaction, except in the case of gross negligence or willful misconduct.
The Customer agrees that in case of dispute, the written information on the Products displayed on the site shall prevail over any oral statement made by employees or representatives of the Seller.
Article No. 3 – Online order
By connecting to the Website, the Customer accepts the Privacy Statement and the Cookies Statement.
Orders must be placed no later than twenty-four (24) hours before the desired date of delivery. The time and place/point of delivery will be defined on the site. We might use third parties to deliver the goods to you.
When the Customer clicks on “confirm” this will be considered as his electronic signature. The Customer will receive confirmation of the acceptance of his order by the Seller by the receipt of an email from the Seller confirming the acceptance of his order. This message confirms that the order has been placed and includes the details of the sale.
The details recorded in Seller’s computer system – e-mails, notifications – constitute proof of Seller’s contractual relationship with the Customer, within the frame of the order.
Article No. 4 – Price
Prices are quoted in CHF all taxes included. Prices are presented inclusive of VAT applicable on the date of the order. Any change in the VAT rate will automatically be reflected in the prices of the Products including any taxes or contributions that may be created or modified, whether through increase or decrease.
Prices cannot be changed once the Customer has placed an order. The prices of the Products ordered on the Website and the order date in question shall serve as binding proof.
The prices take into account possible discounts applied during special offers. Any special promotional offer will be subject to these GTC. Promotional offers cannot be combined and are limited in time.
The delivery fee per order is CHF 10.00. The minimum order value if CHF 120.00.
Article No. 5 – Method of payment
When placing an order online, the Customer will indicate the selected method of payment. The price is payable in full on the day the Customer places the order, as indicated when confirming the order, by way of secure payment on the Website. We use a third-party payment provider to process your payment details.
Accepted methods of payment: iDeal, Visa, MasterCard, American Express and PayPal.
Article No. 6 – No right of withdrawal
In view of the perishable nature of the delivered Products, and as permitted by applicable legal provisions, the Customer may not exercise any cancellation right. In accordance with these provisions, any order confirmed on the website is firm and final and payment is due.
However, the Seller will accept a modification or cancellation of an order until 12:00 CET the day before. Changes will be accepted based on availability. In case of cancellation, the Customer may request a refund to his account by contacting the Seller directly (see Article 10).
Article No. 7 – Delivery
Delivery is made between 13.00 – 18.00 CET to the location specified by the Customer when placing the order.
The Seller undertakes to make every effort to deliver the ordered Products to the Customer at the place/delivery point including calling the Customer to align on another delivery time. If the Customer is not available, The Seller shall not leave the Products at the Customer’s delivery location. Delays in delivery do not entitle the Customer to any discount, compensation or cancellation of the order.
The Customer undertakes to examine the delivered Products to verify conformity with the order. The Customer may refuse delivery of a Product which is not the Product which the Customer has ordered online.
In this case, at the Customer’s discretion, the Seller will be required to:
In addition, and notwithstanding the foregoing, if the Products ordered are not delivered within 2 hours after the delivery deadline at the place/location defined on the site, for any cause other than an event of force majeure or an act attributable to the Customer, the sale may be cancelled at the Customer’s request under the conditions provided for by law.
For cancelled orders, the sums paid by the Customer will be returned to him as soon as possible but no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or withholding.
Article No. 8 – Liability, Guarantees, Force Majeure
The Customer benefits from warranties as provided by Swiss law. The Parties perform the contract in good faith.
For any complaint (for example, without this list being exhaustive: error or anomaly of the Products delivered, damage attributable to a Product, improper order performance, etc.), THE CUSTOMER MUST PROMPTLY ALERT THE SELLER AND KEEP, WHERE POSSIBLE, THOSE ELEMENTS THAT CAN BE USED TO DETERMINE THE NATURE OF THE PRODUCT CONCERNED AND/OR THE CIRCUMSTANCES OF THE COMPLAINT AND TO ASSIGN RESPONSIBILITY. THE CUSTOMER MUST TAKE THE NECESSARY MEASURES TO MITIGATE ANY EXISTING AND TO AVOID FURTHER LOSS OR DAMAGE.
The Seller is not liable in the event that the non-fulfilment of its obligations is attributable to a fact beyond its control or to an event of force majeure as defined by applicable law.
THE SELLER DOES NOT WARRANT THAT ITS WEBSITE WILL BE FREE OF ANY ABNORMALITY OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR DEVICE OR CONFIGURATION. The Seller shall not be liable for malfunctions or any type of foreseeable or unforeseeable damage arising from the use of the Website or total or partial inability to use the Website. Similarly, the Seller cannot be held liable for any inconvenience or damage arising from the use of the Internet, including an interruption in service, external intrusions or the presence of malware.
Article No. 9 – Data Privacy
This Article is supplemented by the Privacy Statement & Cookies Statement which the Customer is invited to read (see the footer section of the Website).
Personal data provided of the Customer is exclusively reserved for the processing of an order placed by the Customer and the commercial relations that result therefrom. None of the information will be shared with a third party except where required in the fulfilment of the order or when so required by request of an administrative or judicial authority and doing so only within the framework of the law. The Seller may be required to disclose all or part of the personal data to one or more affiliated companies (that is, any entity controlled, controlling or under the same control as the Seller, the notion of control being defined as any possession of more 50% of the shares or voting rights) or to subcontractors for the needs of processing the order. All affiliates or subcontractors in question will be subject to a duty of confidentiality and may treat this data only in accordance with Seller’s contractual provisions and applicable law.
The Customer is informed that the Seller may transfer the Customer’s personal data to a country other than the Customer’s country of residence, within the European Economic Area, but also without, and in particular that it may be transferred, stored and generally “processed” (as this term is defined in the General Data Protection Regulations – GDPR) by servers based in the EU.
The Seller shall take all necessary precautions, including measures of an organisational, technical, software and physical nature, with respect to digital security in order to protect the Customer’s personal data against loss, theft and fraudulent removal, as well as against any access, disclosure or alteration or unauthorised destruction of personal data. However, while the Seller will take all reasonable measures to preserve the security of the personal data, given that the Internet is not a protected environment and is beyond the control of the Seller, the Seller cannot guarantee the inviolability of data transferred or stored on the Internet.
The Seller will retain the Customer’s personal data for a maximum of five (5) years.
THE CUSTOMER IS ADVISED OF THE RIGHT TO OBJECT TO THE POSSIBLE TRANSFER OF HIS/HER PERSONAL DATA TO A THIRD PARTY, WITH THE EXCEPTION OF THIRD PARTIES RESPONSIBLE FOR VERIFYING MANDATORY DATA PROVIDED AT THE TIME OF ORDER PLACEMENT, IT BEING SPECIFIED THAT THIS OBJECTION MAY RESULT IN THE ORDER NOT BEING ABLE TO BE PROCESSED.
THE CUSTOMER IS FURTHER NOTIFIED THAT, IN ACCORDANCE WITH THE EUROPEAN REGULATION No. 2016/679/EU OF 27 APRIL 2016 (EFFECTIVE 25 MAY 2018), THE CUSTOMER BENEFITS FROM A RIGHT OF ACCESS, CORRECTION, PORTABILITY AND ERASURE OF HIS DATA OR EVEN LIMITING PROCESSING UNDER THE LAW. THE CUSTOMER MAY ALSO, FOR LEGITIMATE REASONS, OBJECT TO THE PROCESSING OF DATA CONCERNING HIM.
To exercise these personal rights, the Customer can send an email request to the Seller by email to email@example.com. The Customer acknowledges that all requests, as well the personal data itself, may be transmitted anonymously or not, as the case may be, but always in complete confidentiality and to the extent necessary, to an affiliate of the Seller, including its parent company, to the Legal Director and/or the Data Protection Officer of the Seller or the Group to which it belongs.
Article No. 10 – Complaints
In case of complaint, the Customer may notify the Seller at the following email address: firstname.lastname@example.org or call +41 435 052 224 between 12:00-20:00.
Any complaint concerning the Products as delivered must be made within twenty-four (24) hours after the delivery of the Products listed in the order confirmation email in order that we can assess and respond to the issue you have raised as best and expeditiously as we can. Except where otherwise provided by mandatory provisions of law, unfortunately we cannot assess any complaints concerning delivered products after this period.
Article No. 11 – Intellectual property
11.1 Connections: The Customer may use the Seller’s software (for the sole purpose of placing the order).
USE OF THE SELLER’S WEBSITE AND SOFTWARE FOR UNLAWFUL PURPOSES IS STRICTLY PROHIBITED.
11.2 Ownership Structure of the Website, software, brands, trademarks, Product recipes, database structures, photographs, visuals, texts, still or moving images, sounds, graphics, logos, as well as the composition, recipes and know-how related to the Products are the exclusive property of the Seller, its affiliated companies and/or its licensors and are protected by Dutch and international intellectual property law and the legal protection of databases.
The compilation of all content presented or made available through the Website is the exclusive property of the Seller and is protected by international intellectual property law and the legal protection of databases.
The Customer may not take or reuse parts of the content of the Website without its express written consent.
The trademarks and visuals of the Seller, its affiliates or the group to which it belongs cannot be used for products or services that do not belong to them. Likewise, any use which could cause confusion among customers, or which in any way would disparage or discredit the Seller, its affiliates or the group to which it belongs, is prohibited.
All other trademarks that do not belong to the Seller, its affiliates or the group to which it belongs and which appear on the Website are the property of their respective owners, which may or may not be affiliated, related or sponsored by the Seller, its affiliates or the group to which it belongs.
11.3 Rights granted Subject to compliance with the Website terms and conditions of use and these GTC and the payment of any sums due, the Seller grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable license for access, personal and non-commercial use of the Website.
This license does not include any rights to use the Website, its content or Products for the purposes of
This Customer is not granted a license or other intellectual or artistic property right on the Products.
The Products are sold exclusively for personal use.
Use of the intellectual property by the Customer or its licensee, other than for private use, may result in prosecution.
The following is also prohibited:
and in general, any unreasonable use and any use that is contrary to law.
Article No. 12 – Applicable law, language and jurisdiction
These General Terms and Conditions of Sale and the resulting transactions arising are governed by and subject to laws of Switzerland. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.
The language of these general terms and conditions of sale is English. In the event that they are translated into one or more foreign languages, the English version shall prevail in case of dispute.
In the event that one of the provisions of the GTC would be declared void or ineffective, it shall be regarded as unwritten and would not affect the validity of the other provisions, unless the provision declared void or ineffective was essential and a determining factor for the conclusion thereof.
Article No. 13 - Controlling language
The language of the contract is English. Seller may at its discretion provide translations into other languages for convenience alone. In case of discrepancy or difficulty of interpretation between the two language versions, the English language version shall prevail. Translations may not be used to construe the English version.
Version of 02.07.2021