COTERMS AND CONDITIONS OF SALE
Welcome to our website, https://www.magictomato.ch, and our electronic applications (hereinafter referred to as "the platforms").
In this document, we would like to present our general terms and conditions of sale, which serve as the basis for processing and completing your purchases on the platforms operated by MagicTomato.ch SA, a company with its registered office at 36 Chemin du Champ-des-Filles, 1228 Plan-les-Ouates, and represented by a fictional superhero known as MagicTomato (hereinafter referred to as "MagicTomato.ch").
We kindly ask you to carefully read these terms before using our platforms.
By accessing our platforms and placing an order, you accept these terms and conditions without reservation. Conversely, if you do not fully accept these terms and conditions, we recommend not using our platforms.
1. Concept
MagicTomato.ch offers a novel way to shop, based on pleasure, discovery, and time savings. To achieve this, MagicTomato.ch has selected reputable artisans committed to offering healthy foods with authentic flavors (hereinafter referred to as "the Artisans"). This allows MagicTomato.ch to present on its platform an array of top-quality fresh products, prepared upon the customer's order, on the morning of the order.
This unique direct-flow concept eliminates food wastage, promotes independent Artisans, and serves you in record time.
2. Registration
Registration on the platforms is reserved for individuals with legal capacity. Registration is free of charge. Registration does not grant access rights to the platforms. The personal data required for customer registration must be complete and truthful. The customer undertakes to keep their data up to date.
Promotional offers, information, and order confirmations sent by MagicTomato.ch to customers are sent to the email address provided by the customer at the time of registration.
3. Ordering and Contract Formation
As an intermediary, MagicTomato.ch presents the products of the Artisans on its platforms for customer orders. Upon receiving a customer's order for a product, a purchase contract is formed between the customer and the Artisan. All products are offered subject to availability.
MagicTomato.ch is not a party to the purchase contract between the customer and the Artisan.
Before placing an order, it is essential for the customer to verify and correct the information entered. Input errors cannot be corrected afterward, and the customer is not entitled to a refund for products ordered in error or to an incorrect address.
MagicTomato.ch reserves the right to set a minimum order amount.
Upon confirmation of the order, the customer places a firm order for the products in their shopping cart. Once confirmed, orders cannot be modified.
If the customer has any doubts regarding allergies, intolerances, or food preferences, MagicTomato.ch encourages them to contact us before ordering to confirm the compatibility of the product with these factors.
MagicTomato.ch immediately confirms the customer's order with an email after purchase confirmation and payment.
The contract becomes effective upon receipt of the order confirmation.
4. Services of MagicTomato.ch
4.1 Delivery
MagicTomato.ch commits to collect all products ordered by the customer from the Artisan and deliver them. The maintenance of the cold chain and the proper packaging, according to the Artisan's instructions, are guaranteed.
MagicTomato.ch makes every effort to deliver the ordered products in sufficient quantities and of impeccable quality.
In certain cases, however, a product may no longer be available in the required quantities or cannot be delivered within the requested time frame for various reasons.
If a product is unavailable at the time of delivery, MagicTomato.ch is authorized to replace it with a similar product of the same kind and, if possible, of better quality. If the initial product costs more than the new product, MagicTomato.ch credits the difference to the customer's account, which must be used only on the next order by the same customer on the platforms. The amount credited to the customer's account cannot be claimed in any other way. If the initial product costs less than the new product, MagicTomato.ch covers the difference. In the case of replaced products, the customer is not entitled to compensation or damages.
In the event of missing products or reduced quantities, the customer is not entitled to compensation or damages.
If a billed product cannot be delivered, the corresponding amount is refunded to the customer. There is no further delivery, and the customer is not entitled to damages.
If, for reasons beyond the control of MagicTomato.ch (e.g., incorrect delivery address, recipient's absence, restricted access, difficult traffic conditions due to weather or road conditions, etc.), delivery becomes impossible or nearly impossible, MagicTomato.ch has the right to cancel the order. In this case, any customer claims for compensation in kind or damages are entirely excluded.
4.2 Product Delivery
MagicTomato.ch delivers products to the specified territory. If the desired delivery location is outside the delivery area, a message appears on the screen indicating that the order is not possible. If the delivery time is expressed in working days, MagicTomato.ch refers to all days from Monday to Friday, excluding legal holidays.
The ordered products are delivered to the address and person indicated by the customer at the time of the order. MagicTomato.ch ensures delivery to the door of private individuals or to the reception for businesses.
For security and service quality reasons, MagicTomato.ch strives to deliver the order directly to the customer, if possible. If not, MagicTomato.ch may leave the order at the door or at the company's reception entirely at MagicTomato.ch's discretion. If the building's door is closed, and the customer has not provided an access code, the order will be left at the building's door entirely at MagicTomato.ch's discretion.
Upon handover or delivery of the order, the benefits and risks (e.g., theft, damage by third parties, weather conditions, etc.) are transferred to the customer.
If the customer has indicated that they want to pay for their order upon delivery, and this payment method has been approved by MagicTomato.ch, the customer must be present at the agreed time slot for simultaneous handover and payment. Failure to do so will result in MagicTomato.ch taking back the products. In this case, MagicTomato.ch reserves the right to charge, in addition to the order, a lump-sum fee for administrative costs of CHF 100.
MagicTomato.ch makes every effort to meet delivery dates and times. However, all delivery time indications provided by MagicTomato.ch are only approximate. A delay does not constitute a reason for canceling the order, and the customer is not entitled to any compensation. If MagicTomato.ch or any other potential delivery partner is unable to fulfill a confirmed order by MagicTomato.ch, the customer cannot demand that MagicTomato.ch provide delivery by other means. The customer is not entitled to any compensation.
4.3 Fees
In principle, deliveries made by MagicTomato.ch are free of charge.
MagicTomato.ch reserves the right to charge delivery fees. Any potential delivery fees are indicated at the time of confirmation. The amount of these fees may take into account the order value after deducting any coupons and discounts, the frequency of orders, and the delivery location.
Delivery receipts and invoices are sent via email.
4.4 Bags
MagicTomato.ch delivers products in delivery bags that ensure the proper preservation of the products, particularly maintaining the cold chain.
Delivery bags with the MagicTomato.ch logo are provided free of charge to the customer at the time of delivery, and the customer is required to return them in perfect condition to the delivery person at the next delivery. Failing to do so, MagicTomato.ch reserves the right to charge a lump-sum fee for the loss and/or damage of the bag, amounting to CHF 25 per bag.
MagicTomato.ch reserves the right to offer paid delivery bags to the customer.
With each delivery, the customer can return the following packaging materials, which result solely from a previous order placed with MagicTomato.ch, for recycling: empty PET bottles, deposit and non-deposit glass bottles, empty canned goods, protective cardboard, paper bags. In such a case, the customer undertakes to sort and collect the packaging materials to facilitate the service. The MagicTomato.ch delivery person may refuse the customer's packaging materials without providing any specific reason.
5. Prices and Payment
All prices listed on the platforms are in Swiss Francs, including the applicable VAT. The prices applied are those displayed on the platforms at the time of the order. For products sold by weight (such as fish, vegetables, fruits, meat, etc.), the applicable unit price by weight is used. The actual quantity delivered and, therefore, the final price on the invoice may slightly differ from the originally ordered quantity. For pre-packaged and pre-labeled fresh products, the price in effect at the time of goods preparation is applied.
Various payment methods are available depending on the assortment and delivery type. Nevertheless, MagicTomato.ch reserves the right to decide which payment methods are accepted for each order. Possible payment methods are indicated at the time of the order.
The customer expressly authorizes credit checks and, for this purpose, the disclosure of data to third parties concerning the customer.
If, at the time of the order, the customer has not yet paid a previous invoice or has not paid the amount of a previously imposed lump-sum penalty, MagicTomato.ch reserves the right to refuse the order.
Invoices are sent, if possible, electronically, or otherwise by mail after delivery to the address indicated by the customer, or attached directly to the delivered products. Invoices must be settled within 30 days without discounts or other deductions. Unjustified deductions will be re-invoiced. Any payment delay will incur an additional charge of CHF 40, plus 5% interest per year starting from the payment deadline.
In the event of a payment delay, MagicTomato.ch is authorized to assign third parties to collect unpaid amounts and to transfer claims to third parties in Switzerland or abroad. In this case, all payments due up to that date will be remitted to third parties. The costs incurred are fully borne by the customer.
If the order includes products whose price depends on weight, the customer accepts a difference of up to 10% of the weight agreed upon in the order upon delivery. In such a case, MagicTomato.ch strives to provide a higher weight.
Customers can make advance payments to cover their future orders. These amounts are considered equivalent to the purchase of gift vouchers and are valid for a period of two years. As such, a customer who has not placed an order on the site during this period will lose the value of the voucher.
6. The Products
Product descriptions published on the platforms are regularly updated with great care.
However, descriptions may not match the information on the product's packaging. In case of discrepancies between the description and the packaging, the packaging prevails.
Changes can be made at any time, so the customer is advised to check product details, especially origin, artisan, and ingredient lists on the packaging, particularly in cases of food intolerances.
MagicTomato.ch strives to select artisans and local products. However, some products may not be local. In such cases, the products are rigorously selected and meet sustainable and ethical criteria.
MagicTomato.ch does not guarantee the accuracy, precision, or completeness of the information on the platforms. Product photographs are not contractual.
MagicTomato.ch holds an exclusive right to use all product descriptions, images, logos, photos, and texts on the platforms. All these rights are reserved. It is strictly prohibited to copy, reproduce, republish, download, send, broadcast, transmit, make public, or use any content from our platforms in any way without the express authorization of an authorized signatory at MagicTomato SA.
The platforms do not sell alcohol or tobacco to individuals under 18 years of age.
MagicTomato.ch does not guarantee that the internet network, data exchanges are error-free, secure, or available at all times.
MagicTomato.ch does not undertake to ensure permanent and uninterrupted availability of the platforms and disclaims any responsibility for technical or computer errors occurring during a sale or for any delays in the processing or receipt of orders or data theft by hackers.
7. After-Delivery Service & Refund policy
MagicTomato.ch's customer service is available to customers for information and assistance in case of problems or complaints concerning MagicTomato.ch's services.
In case of a product-related complaint for which the Artisan is responsible, MagicTomato.ch will provide the customer with the necessary information to contact the Artisan.
Any defects noticed should be reported immediately upon receiving the goods. Otherwise, the goods are considered defect-free and accepted by the customer. Hidden defects must be reported immediately to MagicTomato.ch's customer service upon discovery.
MagicTomato.ch guarantees the quality and shelf life of products under the following conditions:
Non-refrigerated foods and groceries should be stored in a cool, dry place. Non-refrigerated foods and groceries should be consumed before the expiry date indicated on the product. Refrigerated foods should be unpacked immediately upon receipt and stored at a temperature of 2-5°C. Refrigerated foods should be consumed before the expiry date indicated on the product. In the absence of an expiration date, refrigerated foods should be consumed on the day of delivery. Frozen products should be handled properly and stored at -18°C without a break in the cold chain. There is no general right of return for non-defective and correctly delivered products. The right of return is explicitly excluded for products whose intrinsic quality (e.g., taste) does not meet the customer's requirements, fresh products, fruits, and vegetables that have spoiled due to improper handling or a break in the cold chain, or products ordered by mistake.
8. General Conditions
In case of discrepancies and/or contradictions between the German, French, English, and/or Italian versions of these sales conditions, only the French version shall prevail.
If certain parts of these general terms and conditions prove, for any reason, to be unenforceable or invalid, the validity of the other provisions remains unaffected.
These general terms and conditions may be modified at any time by MagicTomato.ch. The customer is invited to regularly consult these general terms and conditions, which are binding.
9. Applicable Law and Jurisdiction
Swiss law is exclusively applicable. The exclusive jurisdiction is in Geneva.
MagicTomato SA
36C Chemin Champ-des-Filles
1228 Plan-les-Ouates
magic@magictomato.ch
[Note: The translation retains the original numbering and format of the document to maintain its structure as closely as possible to the French version. The phrase about the French version prevailing in case of discrepancies between languages has also been included.]