GENERAL TERMS AND CONDITIONS OF SALE

1. Scope of application

The 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 the online store of TooBE.ch (hereinafter referred to as "TooBE").

TooBE reserves the right to change the GTC. The version of the GTC valid at the time of the order is applicable. It cannot be changed unilaterally for the order in question. In case of disagreement with the GTC, you are obliged not to use the Toobe.ch online store.

2. Offer

The offer is addressed to natural or legal persons who have their domicile or registered office in Switzerland or Liechtenstein. The products will only be delivered to addresses in Switzerland or Liechtenstein.

The offer is valid as long as it appears in the online store and while stocks last. Changes in prices and assortment are possible at any time. The images shown in advertisements, brochures, the online store, etc., as well as all product information (list of ingredients, nutritional values, food facts, allergen information, etc.) are for illustrative purposes only and are not binding. The specific information on the product packaging is decisive.

3. Awards

  • Prices are in Swiss francs, including value added tax (VAT) and, if applicable, advance recycling tax (ARF).
  • The prices indicated on the site are net, in Swiss francs, including VAT if applicable, and, if applicable, including the advance recycling fee (ARF).
  • Additional paid services such as delivery, isothermal cooler bags, etc. appear separately in the shopping cart and on the invoice.
  • TooBE reserves the right to pass on immediately any change of the applicable VAT on the prices displayed on the site.
  • The prices displayed on the site can be modified at any time, without prior notice from TooBE, without justification and without any responsibility on its part.
  • All orders placed and confirmed in advance must be honored at the prices posted before the change.

4. Control - conclusion of the contract

The display of products in the online store is not legally binding. It is an online catalog presented as an indication, in order to invite the customers to order the product by this way. TooBE reserves the right to restrict the delivery quantities for certain products and not to deliver if the order is particularly heavy or bulky.

The sale of alcohol to persons under 18 years of age is prohibited by law in Switzerland and Liechtenstein. Customers who purchase such products certify that they are at least 18 years old. In the case of a first order including alcohol, payment can only be made by credit card.

An order within this framework is considered as a request to conclude a sales contract between you and TooBE.

A minimum amount applies to each order. The minimum amounts communicated in the online store and in the delivery charge directive apply.

The sales contract is concluded and effective only after confirmation of your acceptance of the GTC, verification of your personal data, receipt of your payment by TooBE, verification and confirmation of your full payment, and sending by TooBE of an order confirmation email containing the details of your order.

The payment of your order can be done by credit card, directly on the website, through the payment service "Stripe" or "TWINT" by payment directly to the bank account of Toobe, with indication of all the references of the order, or by cash payment at the time of delivery.

TooBE cannot be held responsible for the good functioning of the services offered by the external service providers.

After the transmission of the order, the customer will automatically receive an acknowledgement of receipt, which confirms that the order has been received by TooBE. The customer can not complete or cancel his order once it has been processed in our ordering system.

If, afterwards, the customer wishes to complete his order, he must place a new order. After the transmission of the order, the customer will automatically receive an acknowledgement of receipt, which confirms that the order has been received by TooBE.

In case his first order had not yet been processed in one of our logistic centers, and his second order was recognized by our operators, TooBE will try as much as possible to combine the two orders in order to avoid the customer additional delivery costs.

If an order is added, the original order is used as the basis for calculation, but any special offers and discounts valid at the time of addition are not taken into account. 

All orders are subject to a logistical control of product availability and stock. If a product is not available in stock TooBE will inform you by email of the approximate delivery time.

You will have the choice to accept a delivery of your order within the approximate time indicated by TooBE, to cancel the order of the unavailable products, or to be reimbursed for any payments already made.

Nevertheless, TooBE can, without justification, refuse all or part of the order. In this case, the customer is informed and any payments already made are refunded. Any other claim is excluded, especially products not available are not delivered later. Temporarily unavailable products cannot be reserved.

Delivery

TooBE delivers in Switzerland or in the Principality of Liechtenstein.

We entrust the delivery of your goods to the Swiss Post or to the TNT company. It will be delivered to you in accordance with our delivery guidelines.

You are responsible for the shipping costs. They may vary according to the weight of the package, your delivery address or other factors. The delivery costs are indicated at the time of the validation of your order. For countries other than Switzerland, customs fees may also be added to the total of your order. These costs are beyond the control of Toobe and cannot be indicated in advance. They will be charged to you.

Shipping costs

Information on delivery costs and conditions can be found on the delivery cost guideline page.

Time shifts or blocking of a given delivery date is possible, in particular on peak days with an exceptionally high delivery volume, but any claims for damages or other claims by the customer are excluded.

No deliveries are made on Sundays or on official national and cantonal holidays during busy periods such as the Christmas and New Year periods, the times indicated may be extended.

If the customer is not present at the time of delivery and has not given specific instructions for the delivery, the goods will be delivered to the front door of the house or apartment, or to the reception desk, or to the entrance of the business. Depending on the given delivery window, the goods can be delivered to a neighbor living in the same building, if the customer has mentioned his address and phone number in the "Optional information" section of his customer account before ordering. If the customer's mailbox belongs to a mailbox system, the delivery person will leave a notice of collection in the mailbox. The customer will then have to collect the delivery at the corresponding post office.

The customer is responsible for the delivered products, even if he has not taken delivery of them himself. For the delivery of frozen products, the presence of the customer is recommended.

You understand and agree that TooBE cannot be held responsible for any damages resulting from delivery, including, but not limited to, theft, loss, delay, resulting from the mailing of the order.

You agree that if delivery is not possible or only possible under difficult circumstances for reasons that TooBE is not responsible for, such as incorrect delivery address, lack of addressee, lack of access authorization, bad weather or traffic conditions, or other risks, TooBE cannot be held responsible and no compensation can be claimed.

Warranty

The products sold on the website are described and presented as precisely as possible by TooBE.

If, despite all precautions taken by TooBE, errors are found in these descriptions and presentations, TooBE will make its best efforts to correct them, but cannot be held responsible for these errors. In particular, a false statement or misunderstanding of the content does not constitute a valid reason for return.

TooBE guarantees the quality and shelf life of the products under the following conditions: 

Products must be unpacked immediately upon receipt and stored properly

As far as the respect of these storage conditions is certified by the customer, TooBE assumes the guarantee of freedom from defects of the ordered products until the expiration of the shelf life. For products without a shelf life, the legal period of 2 years from the date of delivery applies. 

TooBE can offer a guarantee with a partial or complete replacement by an equivalent product, with a credit note for a maximum amount corresponding to the selling price at the time of the order, or by granting a discount.

There is no general right of return for faultless and correctly delivered products. The warranty is explicitly excluded for products whose intrinsic quality (e.g. taste) does not meet the customer's requirements, or for products ordered inadvertently.

After sales service

If products are delivered with visible damage to the packaging or contents, the customer must immediately notify the deliverer and refuse to accept the goods, notwithstanding his rights under the warranty for defects. It is imperative that the customer receives a damage confirmation notice from the deliverer.

All transport damages must also be reported immediately to TooBE either by phone at +41 (058) xxxxxxxxxxx or by e-mail at client@TooBE.ch. Furthermore, it is the customer's responsibility to check the ordered products immediately upon receipt and to store them properly.

In case of defects or deviations from the order, the customer service of TooBE should be notified on the same day of delivery either by phone at +41 (058) xxxxxxxxxxx or by e-mail at client@TooBE.ch.

Thereafter, only hidden defects can be complained about and must be reported immediately after discovery to the customer service of TooBE. The amount paid by the customer for the defective goods will be credited to the customer account. TooBE reserves the right to demand proof of the defect (pictures of the product/damage).

Data protection statement

Data protection is a matter of trust, and your trust is important to us. Information about data protection can be found on the data protection policy page.

Data protection

We protect our website against 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 about the data stored about you free of charge at any time and you have the right to correct, block or delete this data. All inquiries can be made electronically. If you have any questions about your data, please contact our customer service.

Copyrights

The name of TooBE, the site and its content, including texts, illustrations, photos of products are the exclusive property of TooBE and are protected in particular by copyright and trademark law.

Consequently, any reproduction, copy or external use of the content of the site must be the object of an express, written and preliminary authorization of TooBE. TooBE cannot be held responsible for any illegal or fraudulent use of the website content.

For more information:

TooBE

Route de Pallatex 19 - 1163 Etoy - info@TooBE.ch

Legal form

Swiss law applies to all business relations with TooBE. 

The exclusive place of jurisdiction for all proceedings is Lausanne, Canton of Vaud, Switzerland.

The compulsory jurisdictions provided for by law remain reserved.

The GTC in French are authoritative. Any dispute concerning the interpretation or execution of these GTC that cannot be resolved amicably shall be subject to Swiss law (in particular, the Swiss Code of Obligations).

This version of the CGT was updated on 15.04.2021

For TooBE, the management

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