1. Scope of application

These general terms and conditions of sale (hereinafter referred to as "GTC") apply to all orders placed and contracts concluded (hereinafter referred to as "order") via Mum Cuisine's website or by telephone via Mum Cuisine's after-sales service (hereinafter referred to as "mumcuisine.com") between a customer and Mum Cuisine.

The GTC are an integral part of the contract between Mum Cuisine and the customer who places an order (the "Customer"). By placing an order, the Customer confirms that they have read, understood and accepted the terms and conditions without reservation. The English version prevails over the versions in other languages.

Mum Cuisine reserves the right to modify the GTC at any time. The version of the GTC published on the mumcuisine.com website at the time of the order shall prevail.

 

2. Account

To place an order, the Customer must create an account ("Account") on the mumcuisine.com website. The Customer is solely responsible for the accuracy and completeness of the data they provide and must communicate any changes by updating their Account, in particular, their phone number, email and delivery address. The Customer must be at least 18 years old to create a mumcuisines.com Account and order on mumcuisines.com. Any communication by email to the email Account provided by the Customer will be considered as having been received by the Customer.

The Customer is responsible for the use of their Account and the security of his/her password. It is the Customer's responsibility to manage his Account profile and, if necessary, to delete the means of payment indicated in his Account. The Customer is responsible for any order placed, even without their knowledge, using their Account. If the Customer suspects that a third party has undue access to his Account, he/she must immediately change password and inform mumcuisine.com.

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The personal data of Customers is handled in accordance with the Personal Data Protection Policy.

Mum Cuisine reserves the right to delete Customer accounts in case of suspected fraud. No refund of the Customer's virtual wallet will be made. Mum Cuisine will not assume any liability in this regard.

Misuse of vouchers is not permitted. In this case, Mum Cuisine will block and delete the account without assuming responsibility or issuing refunds.

In the event that the Customer's account is deactivated, Mum Cuisine is not responsible for any balance remaining on the wallet.

 

3. Offer

The offer is intended for natural or legal persons who have their place of residence or registered office in Switzerland. The products are delivered only to addresses in Switzerland and according to the rules applicable to the respective cities. The offer is valid as long as it appears on mumcuisine.com and while stocks last.

The pictures published on mumcuisine.com are purely indicative and are not contractual.

 

4. Price

All prices are in Swiss francs and include value added tax (VAT).

Only the price displayed on mumcuisine.com at the time of the order is valid.

The price of delivery appears separately in the shopping cart and on the invoice.

 

5. Order

The display of products on mumcuisine.com is not legally binding. Although Mum Cuisine strives to provide the most complete and up-to-date information possible, the information on the website or any other communication channel used by Mum Cuisine (in particular product descriptions, photos, prices, available stocks and delivery times) are for information purposes only. They do not constitute an offer on the part of Mum Cuisine and can be changed at any time. Only the order confirmation is authoritative.

 

Mum Cuisine considers any order placed on mumcuisine.com as a request to conclude a contract with Mum Cuisine. This is a firm and final order. Any offer made by the Customer is subject to prior payment of the full price by a payment method accepted by Mum Cuisine (see art. 11). As the payments are handled by financial intermediaries, Customer banking data is never processed by Mum Cuisine.

 

After transmission of the order, Mum Cuisine confirms the acceptance of the order by e-mail, with the understanding that Mum Cuisine may at any time refuse an undelivered order without having to justify the refusal. In this case, the Customer is informed immediately and the payments made are refunded. No compensation is due to the Customer.

Taking into account the short delivery time and the perishable nature of the products, confirmed orders may not be modified or cancelled, and the products delivered cannot be returned or exchanged.

The information stored by Mum Cuisine or by the financial intermediaries constitutes irrefutable proof of the orders and the financial transactions.

 

6. Payment

Upon conclusion of the contract, the Customer shall pay the amount of the order to Mum Cuisine.

All payments must be made in Swiss franc.

The following payment methods are accepted: Paypal, Mastercard, Visa, Mum Cuisine gift cards.

If a payment failure occurs during an order, which generates an invoice on mumcuisine.com, the Customer agrees that Mum Cuisine will directly debit the credit card available on the Account.

 

7. Delivery

The Customer's delivery address must be in Switzerland, in an area where Mum Cuisine is active.

All deliveries will be made to the delivery address and in accordance with the instructions provided by the Customer. If the delivery instructions are incomplete (inaccurate details, access impossible, etc.) or if no one is present to receive the order, Mum Cuisine has the right to discharge its obligation to deliver by depositing the order at the place nearest to the place of delivery indicated, unless the Customer immediately provides useful additional information. The presence of the Customer at the time of delivery is strongly recommended so that the goods can be delivered under optimal conditions.

 

Delivery time:

The available delivery times are indicated on mumcuisine.com. There may be a delay between the desired delivery time and the actual delivery time, depending on traffic and outdoor conditions. Delivery times are always provided as an indication and the cancellation of the order by the Customer for this reason is expressly excluded.

 

Delivery fees:

Delivery costs are listed separately from the products in the shopping cart as well as on the invoice.

Respecting the cold chain

Mum Cuisine undertakes to respect the cold chain until the order is delivered to the address indicated.

 

8. Fees for Mum Cuisine services

Mum Cuisine may change the fees for the Services as deemed necessary or appropriate for its business, including but not limited to Delivery Fees, Service Fees and Min Value surcharge Fees.

 

Service fees:

Mum Cuisine reserves the right to charge a "Service Fee", for the provision of its Services, which may be subject to change. The Customer will be notified of any applicable Service Fee and taxes to purchase on the checkout page.

 

Min. value surcharges:

Mum Cuisine reserves the right to charge a "Min. value surcharge", for orders below the minimum order value (defined by and set per partner) which may be subject to change. The Customer will be notified of any applicable Min.value surcharges to purchase on the checkout page. The Customer will have the choice to either pay the surcharge for not reaching the minimum order value on their basket, OR continue to add more products to their basket until the min.value surcharge is null and void.

 

 

9. Origin and allergen information

The information on the origin, source and allergens, which is available on mumcuisine.com, is provided by mumcuisine.com. Mum Cuisine ensures that this information (e.g. nutrition, dimensions, weight) is as accurate as possible on the basis of this data. The product descriptions published in the online store are updated regularly and with the utmost care. Despite these efforts, it is possible that the information may be incorrect or incomplete, and Mum Cuisine cannot guarantee its accuracy or completeness. In case of contradiction, the information on the product packaging is authoritative. For specific questions about the quality of a product (such as origin or allergens), the Customer is invited to contact Mum Cuisine through mumcuisine.com.

 

10. Complaint and warranty

Any defects in the products sold must be reported immediately upon receipt to mumcuisine.com. If the complaint is justified, the Customer will be reimbursed the purchase price of the defective products directly into their Mum Cuisine account. Mum Cuisine reserves the right to demand proof of the defect. Any other warranty is excluded to the extent permitted by law.

 

11. Refunds, Balance, Credit

If the Customer is entitled to a refund or credit note, in particular as a result of a complaint, regardless of the payment method used, these will be credited to the Customer's account and can be used for purchases on mumcuisine.com. It is up to the customer to be aware of and note any applicable expiry dates. Misuse is not permitted. In this case, Mum Cuisine will block and delete the account without assuming responsibility or issuing refunds.

 

12. Applicable law and place of jurisdiction

Swiss law is applicable to the relationship between the Customer and Mum Cuisine.

The place of jurisdiction for natural persons is either Geneva or the place of residence of the Customer. The exclusive place of jurisdiction for legal entities is Geneva. An appeal to the Federal Court is reserved.

 

All rights to this document belong to the author. Any reproduction, without prior license, is strictly prohibited.

 

DISCLAIMER: The French version of these GTC is a translation of the English original. In case of discrepancy, the original English General Terms and Conditions of Sale shall prevail.