GENERAL TERMS AND CONDITIONS OF SALE

1. Scope of application

This online shop (hereinafter referred to as the “Shop”) is operated by Origine-Food SA, Origine-food SA
Chemin Praz du Perey 5 – 1077 Servion . These General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) apply to all contracts concluded between you in your capacity as customer (hereinafter referred to as “you”) and us in our capacity as operator of the online shop www.origine-food.ch (hereinafter referred to as “we”). When placing an order, you accept the GTC in the version valid at the time of placing the order. Any oral or telephone agreements must be confirmed in writing in order to be binding. This requirement of written form is also met when a statement is contained in an email.

2. Compatibility

The representation of the products in the online shop is not legally binding on us and constitutes only a non-binding online catalogue. If you simply add products to the “shopping basket”, this does not constitute a binding order. An order for the products contained in the basket only becomes binding when you click on the “Checkout” button on the order page. The successful receipt of this order is immediately confirmed by an automatic e-mail and constitutes a contractual agreement. Consent is given subject to the legal admissibility and availability of the goods ordered. If we are unable to fulfil your order, you will receive notification of non-availability within a few days of placing your order. Notices of availability on the shop are for information purposes only and do not constitute confirmation of delivery. Prices may vary due to variations in harvests or currencies. The decisive price is that stated at the time the order is placed. A maximum of one customer account per company is permitted, unless expressly requested and authorised by mutual written agreement.

3. Delivery and delivery charges / small-order surcharge

We deliver the goods you have ordered by the method indicated in the product description, to the address you indicated when you placed your order. It may happen that a product is not available, but that it is available in a different packaging. In this case, you will receive an email informing you of the change. If you are not satisfied with the change, simply inform our customer service department, who will refund the product. If you are not at home, we take the liberty of leaving your delivery on your doorstep or according to the instructions you left at the end of your online order. We are entitled to make partial deliveries and provide partial services at any time. If this is the case, we will refund you for the missing products or, if an additional delivery is possible, we will inform you of any additional carriage costs. We recommend that you take great care when receiving your products! Delivery is defined as “delivery to the front door”.

Minimum order value: see each product sheet.

Information on delivery charges is currently being updated.

Small order surcharge : For orders below the minimum orders, please write to us on the contact form to find out about the additional delivery charge.

4. Retention of title and termination of the contract and amendments

We retain ownership of the goods until they have been paid for in full. If you are in breach of contract, for example if you fail to respond to a payment reminder, we may withdraw from the contract after a certain period and demand the return of any goods still in your possession. We reserve the right not to enter into a contract if you fail a credit check.

5. Due date and payment

We only accept the methods of payment specified in the order procedure. The purchase price and delivery charges apply as soon as the contract has been concluded.

Invoices are payable within 20 days, unless otherwise agreed. We may, without justification, demand payment in advance. The order will not be processed until payment has been received.

Returned returnable packaging and refund credits are automatically refunded to the Origine-Food SA customer account, unless otherwise requested by the customer.

Our fiduciary partner handles the invoicing for us. If you choose to pay by invoice, our trustee will handle the follow-up on behalf of Origine-Food SA.

6. Warranty and liability

If the goods delivered are incomplete or damaged, e.g. a product defect or delivery error, we will ensure that this is rectified by another delivery if possible or we will reimburse the missing or damaged products. Our liability for our own errors, as well as those of our employees and agents, is limited to the part stated above. In cases where product A is not available from producer A in quality A, we will take the liberty of purchasing product A from producer B in quality A in order for you to receive a complete order. If you are not satisfied with this modification, simply inform our customer service department who will proceed with the refund of the product. Origine-Fodd SA cannot be held responsible for the delivery date. It is the service provider or the company mentioned in the product description who is responsible for delivery.

7. Adress

Supplier and contractual partner of this website:
Origine-food SA
Chemin Praz du Perey 5 – 1077 Servion

8. Data protection

We use the data you have provided for the purpose of processing your order. Your data will be passed on to the shipping company responsible for delivery, insofar as this is necessary for the delivery of the goods. In order to process payment transactions, we pass on your payment details to the financial or credit institution responsible for your payment. We do not pass on your data to third parties for advertising purposes.

Once the order has been processed and paid for, this data will be blocked until you use it again, and will be deleted after the expiry of the data retention periods for commercial and tax law purposes if you have explicitly opted not to use your data. We protect our website against the loss, destruction, access, alteration and distribution of your data. Despite frequent checks, we cannot protect ourselves against all dangers. In accordance with the Federal Data Protection Act (DPA), you have the right to obtain information free of charge at any time about the data stored about you and you have the right to correct, block or delete this data. All requests for information can be sent electronically. If you have any questions about your data, please contact our customer service department.

Location data

We do not track the location of customers and do not share any location data with third parties.

Email advertising (Newsletter)

If you subscribe to our newsletter, we use the data required for this purpose in order to send you our newsletter by e-mail on a regular basis. You can unsubscribe from the newsletter at any time using the link provided in the newsletter. We may also use your newsletter subscription for remarketing purposes on social networks such as Facebook etc. We also use the following services: Google Play Services (https://policies.google.com/privacy) Firebase Analytics (https://firebase.google.com/policies/analytics/) Crashlytics (http://try.crashlytics.com/terms/privacy-policy.pdf)

Cookies

We use cookies on several of our web pages to make navigation easier and to enable certain functions on our site. These are small text files stored on your computer. Most of our cookies are automatically deleted when you exit your web browser. Others remain stored on your computer to make your future visits to our site more efficient and faster. Our partner companies cannot use these cookies to process or access your personal data. If you do not wish to store cookies on your computer or if you wish to be informed of their storage, you can prevent the installation of cookies by adjusting your browser settings.

Google Analytics

In order to improve and optimise our website, we use Google Analytics, a web analysis service provided by Google Inc (“Google”). Google Analytics uses “cookies”, which are text files placed on the customer’s computer, to help the website analyze how users use the site. The information on the use of the website provided by the cookie, such as the customer’s IP address, is sent to a Google server in the USA and stored there. Google uses this information to generate reports on the company’s web activity and to make suggestions for similar services. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate the customer’s IP address with any other data. Users may refuse the installation of cookies by selecting the appropriate settings on their browser. The company will then indicate that some of the site’s functions may not be fully accessible. By using this website, you consent to the processing of data about you by Google in the manner and to the extent set out above. If IP address anonymisation is activated on this website, Google will truncate the IP addresses of users in one of the Member States of the European Union or in another country. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and truncated there. IP anonymisation is active on this website. Google will use this information on behalf of the website operator for the purpose of evaluating the user’s use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Users can also prevent the data generated by the cookie relating to their use of the website (including their IP address) from being collected and transmitted to Google, and prevent this data from being processed by Google, by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

Credit check and credit score

Where Origine-Food SA is required to provide an upstream service (i.e. payment on account), we reserve the right to request information on identity and creditworthiness from specialist service providers (credit reference agencies). To this end, we will forward your personal data required for a credit check to the company responsible. The credit check may include probability values (score values) which are calculated on the basis of scientifically recognised mathematical-statistical procedures and which include address data in particular in their calculations. We use the information received about the probability of default to make a documented decision regarding the creation, performance or termination of the contractual relationship. This may result in us no longer being able to offer you certain payment options.

Social Media Plug-in

Facebook Social Plugins
Our website uses Social Plugins (“Plugins”) from the social network facebook.com, operated by Facebook Inc, 1601 S. California Ave. California Ave, Palo Alto, CA 94304, USA (“Facebook”). These plugins can be identified by the Facebook logo (“f” in white on a blue background, “Like”) or by the expression “Facebook Social Plugin”. The list and appearance of Facebook Social Plugins can be consulted here: https://developers.facebook.com/docs/plugins/.

When users click on a web page on our site containing such a plug-in, their browser establishes a direct link with Facebook’s servers. Facebook transmits the content of the plug-in directly to your browser, which incorporates it into the web page. The provider therefore has no influence on the amount of data that Facebook collects using this plug-in and informs users according to its own knowledge. By incorporating plug-ins, Facebook is informed that a user is viewing the respective page on our site. If the user is connected to Facebook, Facebook can attribute the visit to their Facebook account. When users interact with the plugin, for example by pressing the “Like” button or posting a comment, your browser transmits the corresponding information directly to Facebook, where it is stored. If the user is not a member of Facebook, it is still possible for Facebook to learn their IP address and record it.

Please refer to Facebook’s privacy policy for information on the purpose and scope of data collection, processing and use by Facebook, as well as the rights and settings available to protect users’ privacy. https://www.facebook.com/about/privacy/.

If a user who is a member of Facebook does not want Facebook to collect this data about them and link it to their membership data registered with Facebook, they must log out of Facebook before visiting the website.

X Plugins (e.g. “X”-Button)

Our website uses plug-ins from the Twitter service. These buttons are provided by Twitter Inc, 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. They are linked to words such as “Twitter” or “Follow” and can be identified by a stylised black x. This button makes it possible to share content or a page from this offer on Twitter or to follow the supplier on Twitter. When users click on a web page on our site containing such a button, their browser establishes a direct link with Twitter’s servers. Twitter transmits the content of the Twitter buttons directly to the user’s browser. The provider therefore has no influence on the extent of the data that Twitter collects by means of this plug-in and informs users to the best of its knowledge. The service states that only the user’s IP address and the URL of the respective web page are transmitted at the time the button is obtained for no other purpose than to display the button. Further information on this subject can be found in Twitter’s privacy policy at http://twitter.com/privacy.

9. Customer reviews

Comments written about our products on our website give us the right to exclusive and unlimited use of them. We reserve the right to display a review only for a short time, in a short version or not at all. A customer review only gives the opinion of one customer and does not necessarily correspond to our view of things.

10. Alcoholic drinks

Alcoholic beverages are not sold to anyone under the age of 18. During the ordering process, given that the shop is only accessible to persons representing legal entities, the customer acknowledges that he/she is over 18 years of age. The Customer is required to make a truthful declaration. Origine-Food SA reserves the right, without justification, to request a copy of the Customer’s identity card.

11. Right of cancellation

It is generally not possible to cancel or modify orders placed through the shop.

12. Place of jurisdiction

Our business activities are governed exclusively by Swiss law. The ineffectiveness of individual provisions of the contractual terms and conditions does not lead to the ineffectiveness of the entire contract. The parties elect the registry of the court of Lausanne as their place of jurisdiction. The current version of the general terms and conditions is published on www.origine-food.ch.

13. Right of return

13.1. 13.1. Edible items are excluded from the right of return. However, exceptions may be made within 48 hours of receipt of the returned goods.

13.2. 13.2. In the exceptional case of a return, we reserve the right to refuse reimbursement until we have recovered the goods or until we have received proof that the goods have been returned. It is imperative to return or hand over the goods immediately and in any case no later than 14 days from the date of notification of revocation of this contract.

14. Why is the weight of certain products indicated as “approx.”?

Some of our products are specially proportioned by hand for you, the customer, and natural products may vary in weight. The exact price is therefore not known in advance, which is why we charge 10 to 30% more depending on the product. As soon as the exact weight and therefore the exact price are known, the difference is of course credited to the customer’s account or deducted directly from the payment method. The basic price per unit of measurement applies.