Terms and Conditions
The present Terms and conditions are up to date on March 1st 2021
1.1 The present Terms & Conditions (hereinafter ”GTC”) are proposed by the independent company Nucheese (hereinafter ”The Company”), whose registered office is located at Quai Charles Page 15, 1205 Geneva, Switzerland. Its toll-free telephone number is +41 78 625 35 34, its e-mail address is firstname.lastname@example.org
1.2 The company is the owner and editor of the nucheese.ch website (hereafter ”the Site”). The Site is hosted by ” Getting Digit Sàrl “, domiciled at 3 Rue Hugo de Senger, 1205 Geneva, Switzerland.
1.3 The Site offers to the Customer (hereinafter “the Customer”) the possibility to purchase online cashew cheese alternatives, as well as other alternatives to animal products, delivered to the Customer’s home (hereinafter “the Products”) through Swiss Post Ltd (hereinafter “Swiss Post”)
1.4 Prior to any use of the Site, the Customer must ensure that he/she has the technical and computer means to use the Site and to order the Products on the Site, and that his/her browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any virus.
APPLICATION AND ENFORCEABILITY OF THE GTC
2.1 The purpose of these GTC is to define all the conditions under which the Company markets the Products as offered for sale on the Site to Customers. They therefore apply to any order for Products (hereinafter referred to as the ”Order(s)”) placed on the Site by the Customer.
2.2 The Customer hereby declares that he/she has read and accepted these Terms and Conditions before placing the Order.
2.3 The validation of the Order therefore implies acceptance of these GTC. These Terms and Conditions are updated regularly and the applicable Terms and Conditions are those in effect on the Web site at the time the Order is placed.
2.4 Unless expressly accepted by the Client, any condition to the contrary shall be unenforceable against the Company, regardless of when it may have been brought to its attention.
2.5 The fact that the Company does not take advantage at a given time of any provision of these GTC, cannot be interpreted as a waiver to take advantage later of any provision of these GTC.
ORDERING PRODUCTS ON THE SITE
3.1 The Products offered for sale are described and presented with the greatest possible accuracy. Nevertheless, a minor variation in the presentation or composition of the Products does not engage the responsibility of the Company and does not affect the validity of the sale.
3.2 The Company reserves the right to correct the content of the Site at any time.
3.3 The Client selects the Product(s) he/she wishes to purchase, and may access the Order summary at any time either through his/her client account on the Web site or directly by clicking on the “shopping cart” icon on the Web site.
3.4 The Order summary lists the Product(s) selected by the Customer and includes any additional charges, such as shipping costs, which are added to the price of the Product(s) in the Order. The Customer shall have the opportunity to modify the Order and to correct any errors before proceeding with the acceptance of the Order.
3.5 Once the Customer has accessed the Order summary, the Customer shall confirm acceptance of the Order by ticking the box indicating acceptance of the General Terms and Conditions of Sale and by clicking on the Order validation icon. The words ”Order with payment obligation” or a similar unambiguous wording shall appear next to the Order validation icon in order to ensure that the Customer explicitly acknowledges its obligation to pay for the Order.
3.6 Upon acceptance of the GTC and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and is irrevocably binding upon them. No refunds shall be made after validation of the Order.
3.7 Once the Sales Order has been validated, the Client shall enter the details of the person or company to whom he/she wishes to have the Products delivered and the billing address, if different, in order to proceed with the payment. The delivery process is described in ARTICLE 5 of these GTC.
3.8 The Company shall then send the Customer an Order confirmation by e-mail, containing the details of the Order summary and the delivery and, where applicable, billing addresses entered.
3.9 Once the Customer has validated the delivery and, where applicable, the billing address, the Customer shall proceed to pay for the Order in accordance with the terms and conditions set out below.
PRICES AND TERMS OF PAYMENT OF THE ORDER
4.1 Prices are indicated on the Web Site in the Product descriptions, in Swiss francs, all taxes included.
4.2 The total amount is indicated in the Order summary, before the Customer accepts these GTC, validates his/her Order, enters and validates his/her delivery and, if applicable, billing information and proceeds to payment. The total amount of the Order is indicated including all taxes.
4.3 The Order of Products on the Site is payable in Swiss francs. Payment shall be made in full on the day the Order is placed by the Client by credit card, unless special conditions of sale are expressly agreed upon by the Client and the Company.
4.4 When paying by credit card, the Site uses the Stripe security system, a service provider specializing in the security of online payments. This system guarantees the Client total confidentiality of his banking information. The credit card transaction between the Customer and the secure system is therefore fully encrypted and protected. The Client’s bank details are not stored electronically by the Company.
4.5 The Client guarantees the Company that he/she has the necessary authorizations to use the payment method when placing the Order.
4.6 The Company reserves the right to suspend or cancel the execution and/or delivery of any Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount owed by the Client to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the website and the payment of an Order.
5.1 The Products offered on the Site may be delivered exclusively to destinations throughout Switzerland.
5.2 The Products are sent through the Swiss Post on Monday and Wednesday.
5.3 The Company reserves the right to refuse or cancel an order in case of stock shortage of the Products and in particular of raw materials, or in case of reaching the physical limit of capacity to produce due to an excess of orders.
5.4 In the event of unavailability of the Product(s) ordered, in particular due to the Company’s suppliers, the Consumer shall be informed as soon as possible and shall have the option of cancelling the Order. The Consumer will then have the choice of requesting either a refund of the sums paid or the replacement of another product in the range, subject to availability within 5 days of their payment.
5.5 The Product(s) ordered shall be delivered to the delivery address indicated by the Customer at the time of his/her Order under the conditions specified in Article 3.7 of these GTC.
5.6 The Company undertakes to use its best efforts, in collaboration with its service providers, to deliver the Client to the location(s) selected at the time of the Order.
5.7 The Company undertakes to make its best efforts, in collaboration with its service providers, to deliver the Client within a maximum of 72 hours after the shipments made on .However, the Company shall in no way be held responsible for any delays in delivery by its service providers, notably the Swiss Post Office.
5.8 The Customer must ensure that the information communicated in Article 7 and mentioned in the confirmation email referred to in Article 3.8 of these GTC are correct, and that they remain so until complete delivery of the Product(s) ordered. The Client therefore undertakes to inform the Company of any change in billing and/or delivery address that may occur between the time of the Order and the time of delivery, by sending an e-mail to the customer service e-mail address without delay. Failing this, in the event of late delivery and/or wrong delivery, the Client shall in no way hold the Company responsible for the non-delivery.
5.9 Although the Company takes the best precautions to guarantee the freshness of the products during delivery, it cannot ensure that the cold chain is respected by its service providers, in particular by the Post Office. Thus, the Company is not responsible for a delivery time that exceeds 72 hours or for any break in the cold chain during delivery.
5.10 The Company shall not be liable if the non-receipt of the Products is due to a third party outside its intervention or in case of theft.
5.11 In the event that the Order is returned due to the Client’s absence, the Company’s customer service department will contact the Client for a second delivery at the Client’s expense (products and delivery included).
5.12 The Customer shall be able to track the delivery of the Order by contacting the Customer Service department listed in Article 6 of these GTC.
DELIVERY PROBLEMS – GUARANTEES
6.1 The Company undertakes to ensure that the Products delivered comply with the order placed.
6.2 In the event of a missing Product, the Client must inform the Company upon delivery, failing which no claim will be accepted.
6.3 In case of non-conforming Products, the Customer shall inform the Company within a reasonable time and at the latest within 24 hours from the delivery and may request the replacement of the Products or the refund of their price.
7.1 The Products must be consumed within the use-by date indicated on the product packaging.
7.2 The Company shall not be held responsible for the consumption of the Products on a date that exceeds the expiry date.
RIGHTS TO REVOCATION
The right of revocation does not apply to perishable products. Therefore, the Customer has no right of withdrawal and cannot go back on his order once it has been registered by the Company.
9.1 For any request for information, clarification or complaint, the Client must contact, as a priority, the Company’s Customer Service Department, in order to allow the latter to attempt to find a solution to the problem.
9.2 The Company’s Customer Service is accessible from Monday to Friday from 8:00 am to 5:00 pm using the following contact details
Message or Whatsapp : 079.208.35.65
Email : email@example.com
Mail: Quai Charle Page 15, 1205 Geneva
OBLIGATIONS OF THE CUSTOMER
10.1 The Customer undertakes to respect the terms of these GTC.
10.2 The Client agrees to use the Site in accordance with the Company’s instructions.
10.3 The Client agrees that it will use the Site only for its own personal use in accordance with these GTC. In this respect, the Client agrees to refrain from
10.4 Use the Site in any illegal manner, for any illegal purpose or in any manner inconsistent with these T&Cs.
10.5 Sell, copy, reproduce, rent, lease, loan, distribute, transfer or sub-license all or any part of the contents of the Site or decompile, reverse engineer, disassemble, modify, display in human-readable form, attempt to discover any source code or use any software that enables or comprises all or any part of the Site.
10.6 Attempt to gain unauthorized access to the Site’s computer system or engage in any activity that disrupts, diminishes the quality of, or interferes with the performance or functionality of the Site.
10.7 To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site.
10.8 Infringe the intellectual property rights of the Company.
10.9 To denigrate the Site
10.10 If, for any reason, the Company considers that the Client is in breach of these T&Cs, the Company may at any time, and at its sole discretion, terminate the Client’s access to the Site and take any action, including civil and criminal legal action, against the Client.
11.1 The Company shall take all appropriate measures to ensure that the Client is provided with the Products under optimal conditions. However, the Company shall not be held liable for any failure to perform or improper performance of all or part of the services provided for in the contract, which is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party unrelated to the contract, or to an event of force majeure. More generally, if the Company’s liability were to be incurred, it could not under any circumstances agree to compensate the Client for indirect damage or damage whose existence and/or quantum would not be established by evidence.
11.2 The Site may contain links to other sites not edited or controlled by the Company, which shall not be held responsible for the operation, content or any element present or obtained through these sites.
11.3 The establishment of such links or the reference to any information, articles or services provided by a third party cannot and shall not be construed as an express or implied endorsement by the Company of such sites and materials or their contents.
11.4 The Company is not responsible for the availability of such websites and cannot control the content of such websites nor validate the advertising, and other information disseminated on such websites.
11.5 It is expressly stipulated that the Company shall not be held liable in any way whatsoever in the event that the Customer’s computer equipment or electronic mailbox rejects, for example as a result of anti-spam software, e-mails sent by the Company, including but not limited to the copy of the payment receipt, the Order summary or the shipment tracking e-mail.
11.6 The Client is fully aware of the provisions of this article and in particular of the aforementioned warranties and limitations of liability, without which the Company would never have entered into a contract.
PERSONAL DATA – COOKIES – SECURITY
12.1 The Company attaches great importance to the respect of privacy and takes all necessary measures to ensure the confidentiality and security of the Clients’ personal data.
12.2 In the context of the supply of Products, the Company collects personal data from Customers and in particular the following data
– Email address
– First name
– Last name
– Date of birth
– Postal address
– Country of residence
– Code number
– Consumption data
12.3 The Company collects and processes the personal data of Customers for the following purposes:
Supply of Products on the Site;
Management of Orders;
Information about the Company and its activities;
Answering clients’ questions or complaints;
Compilation of statistics;
Management of requests for access, rectification and opposition rights;
Management of unpaid invoices and disputes.
12.4 Data relating to the management of personal data of Customers are kept for the strictly necessary period as defined by the French Data Protection Act as amended, i.e. three years after collection or the last contact with the Customer.
12.5 Clients’ personal data are processed by the Company’s sales department and by the Company’s partner companies and subcontractors.
12.6 The Company may also disclose personal data in order to cooperate with administrative and judicial authorities.
12.7 The Company ensures that the personal data of the Clients is adequately and appropriately secured and has taken the necessary precautions to preserve the security and confidentiality of the data and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons.
12.8 Clients’ obligations
Customers acknowledge that the personal data disclosed by them is valid, up-to-date and adequate;
The Clients undertake not to infringe the privacy, image and personal data protection of any third party and thus not to communicate to the Company the data of third parties without their consent.
12.9 The Client is informed that the Site’s host is obliged to keep its data for a period of one year from the date of creation of the content, for each operation contributing to the creation of a content:
The identifier of the connection at the origin of the communication;
The identifier assigned by the information system to the content that is the object of the operation;
The types of protocols used for the connection to the service and for the transfer of the contents;
The nature of the operation;
The date and time of the operation;
The identifier used by the author of the operation when the latter has provided it.
12.10 In the event of termination of the contract or closure of the account, the host must also retain for one year from the date of termination of the contract or closure of the account the information provided at the time the Customer signs a contract (Order) or creates an account, namely:
At the time of account creation: the identifier of this connection;
The first and last name or the company name;
The associated postal addresses;
The pseudonyms used;
Associated email or account addresses
The password as well as the data allowing to verify or modify it, in their last updated version.
12.11 Each computer connected to the Internet has an IP address. As soon as a Client browses the Site, the Company collects the Client’s IP address in order to analyze the traffic on the Site and to monitor the Client’s activity on the Site in order to ensure that the Client does not engage in acts that may infringe the General Terms and Conditions of Sale appearing on the Site.
12.12 Clients have the right to access, rectify, delete and oppose for legitimate reasons the processing of their data collected and processed by the Company, by contacting the Company directly at the following email address: firstname.lastname@example.org
12.13 The Company will respect the directives given by any Client concerning the conservation, deletion and communication of their personal data after their death. In the absence of such instructions, the Company will comply with requests from heirs.
12.14. COOKIES AND STATISTICAL TOOLS
12.14.2 The Company also informs Customers that cookies record certain information which is stored in the memory of their computer hardware/equipment. This information is used to improve the use and operation of the Site. An alert message asks each person visiting the Site, beforehand, if they wish to accept cookies. These cookies do not contain any confidential information about Customers.
12.14.3 The Customer visiting the home page of the Site will be informed :
the precise purposes of the cookies used ;
of the possibility to oppose these cookies and to change the parameters by clicking on a link in the banner;
and of the fact that the continuation of his navigation implies his agreement to the deposit of cookies on his terminal.
12.14.3 To guarantee the free, informed and unequivocal consent of the Customer, the banner will not disappear until the Customer has continued to browse.
12.14.5 Except with the prior consent of the Customer, the deposit and reading of cookies will not be carried out :
if the Customer goes to the Site (home page or directly to another page of the Site) and does not continue his navigation: a simple absence of action cannot be considered as an expression of will;
or if he/she clicks on the link present in the banner allowing him/her to set the parameters of the cookies and, if necessary, refuses the deposit of cookies.
The Customer undertakes not to undermine the security of the Site. To this end, it undertakes not to proceed with any fraudulent access and/or maintenance in the Company’s information system. The Client may not damage or hinder the Company’s information system. Should the Client fail to do so, the Company may take any measure against him/her, and in particular incur criminal liability.
13.1 All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or any other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.
13.2 The name and trademark, logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and shall remain the exclusive property of the Company.
13.3 No title or right in any material or software shall be obtained by downloading or copying material from this Site. The Customer is expressly prohibited from reproducing (other than for its own personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to, modifying or making any work based on this Site and the materials and software contained therein, nor from selling or participating in any sale in connection with this Site, the materials on this Site or any software related thereto.
13.4 The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and may not be assigned or transferred to any third party. The license is granted for the duration of the use of the Site.
13.5 Any use by the Client of the corporate names, trademarks and distinctive signs belonging to the Company is strictly prohibited unless the Company has given its express prior consent.
14.1 By ticking the box provided for this purpose or by expressly agreeing to this, the Client agrees that the Company may send it, at a frequency and in a form determined by the Client, a newsletter which may contain information relating to its activity.
14.2 When the Client ticks the box provided for this purpose in the registration process on the Website to place the Order, it agrees to receive commercial offers from the Company for Products similar to those ordered.
14.3 Customers shall have the option of unsubscribing from the newsletter by clicking on the link provided for this purpose in each newsletter.
APPLICABLE LAW AND JURISDICTION
15.1 The Company’s business activity and these GTC are governed exclusively by Swiss law.
15.2 The ineffectiveness of any particular provision of the contractual conditions does not lead to the ineffectiveness of the whole contract. The parties elect the court of Geneva as their place of jurisdiction.
15.3 The current version of the general terms and conditions is published on www.nucheese.ch
15.4 In the event of a dispute arising from the interpretation and/or performance of these GTC, or in relation to these GTC, the Client may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method.
15.5 In the event of failure of this mediation procedure or if the Client wishes to bring the matter before a court, the rules of the Code of Civil Procedure shall apply.