Scope

Food Attitude Sàrl (« Food Attitude ») with registered seat in Geneva supplies the sale and delivery of food products (the “Products”) to individuals and companies through its website www.foodattitude.ch (the “Website”) or via its eponymous application (the “Application”). It also offers a catering service. These terms of use (“Terms”) govern the contractual relationship between Food Attitude and its customer (the “Customer”).

Acceptance of the Terms of use

Before placing any order, the Customer hereby accepts the present Terms by checking the box provided for this purpose.

Food Attitude reserves the right to adapt or modify these Terms at any time. The new Terms shall be published online for the Customer and shall apply only to sales made after this upload.

Order

The Customer may order the Products offered on the Website or on the Application as soon as they are uploaded and this until respectively 11:00 AM (for deliveries between 11:00 AM and 12:30 PM) and until 6:00 PM (for deliveries between 6:00 PM and 7:30 PM) of the day when the delivery is scheduled and within the limits of available stocks (the “Order”). The quantity of available stock is provided for information purposes only and the Products on sale may be changed or withdrawn by Food Attitude without any given notice.

Food Attitude reserves the right to change the composition of the Products according to the availability of ingredients.

Photographs and other images on the Website are not binding.

Any order must be placed on the Website or on the Application. All orders will receive a confirmation email by Food Attitude. This confirmation email is a proof of order. Once the Order confirmed, it cannot be changed.

Delivery

The Customer can choose to have his Order delivered in one of the two following time-slots:

11:00 AM – 12:30 AM (morning)

6:00 PM – 7:30 PM (early evening)

The Customer will receive his Order any time during the selected time-slot.

The deliveries are made in the delivery areas indicated on the Website.

The deliveries shall be made according to the instructions provided by the Customer when he places the Order. If the Customer provides wrong instructions, Food Attitude will take no responsibilities for any error and/or delay.

In case of force majeure or in case of unforeseen events which are not under Food Attitude or any of its  providers’ control (in particular a bad weather conditions, accidents, technical failures, traffic jams…), the Customer acknowledges that the delivery can be delayed or cancelled. Food Attitude will take all the necessary steps to inform the Customer within the shortest delays and will refund the Customer of the amount of the Order, provided that the Customer will have no right to any other compensation.

Cold food handling procedure and Customer’s absence

The transport of Food Attitude’s Products is made with insulated bags and boxes in order to keep the Products at the right temperature until delivery to the Customer. Once the Order delivered to the Customer, it is his sole responsibility to refrigerate the Products and to consume them within two to three days or to freeze them.

Should the Customer select the delivery option « hand delivered » and not be present or not answering the door, the delivery shall be left at the door step or in the letter box. In such event and when the Customer selects a delivery option other than « hand delivered », it will be his sole responsibility to act in order not to interrupt the proper cold food Handling procedure. Once delivered, Food Attitude declines any responsibility regarding theft, temperature variations and/damages to the Products. However, should this happen, the Customer is kindly invited to contact Food Attitude at info@foodattitude.ch.

Price and Payment

The prices dispayed on the Website and on the Application are always in Swiss francs (CHF) and all taxes are included.

The payment of the Order can exclusively be made in Swiss francs (CHF) and exclusively on line according to the payments methods proposed by Food Attitude. Credit-cards payments are made through a secured system.

Companies can agree with Food Attitude to be invoiced. The invoice shall be paid within 30 days upon reception.

Products information

Food Attitude does not guarantee the absence of any allergens even if they are not mentioned in the Products’ description.

Food Attitude provides reheating instructions of the Products needing to be reheated on the Website, on the Application and on the packages. The packages of the Dishes are suitable for the conventional oven at a maximal temperature of 180°C and for the microwave oven. The soups packages are only suitable for the micro-wave oven. For more information, please contact info@foodattitude.ch.

Copy rights and other protective rights

All of the text, comments, articles, images, logomarks, databases and other content of www.foodattitude.ch (the “Website”) and the application of Food Attitude (the “Application”) are the exclusive property of Food Attitude Sàrl (“Food Attitude”) and/or its partners and are protected by the laws on intellectual property rights.

Any use or reproduction, in whole or in part, in any way and for any purpose, without the prior express consent of Food Attitude, is prohibited and may be prosecuted.

No warranties

Food Attitude makes every possible effort, to any reasonable extent, to ensure the up-to-dateness, accuracy and completeness of the information provided at the time of their publication on the Website. Food Attitude does not warrant the accuracy, timeliness, completeness, reliability or availability of the Website  or the information or results obained from use of the Website.

Food Attitude disclaims any liability whatsoever if the operation of the Website was to be discontinued, or should it cause any failure of the system, or contain any harmful components.

Food Attitude expressly reserves the right to modify or delete the information and content of its Website, parts or all of the pages of its Website, or suspend, temporarily or permanently, the publication, anytime and without notice.

No liability

To the fullest extent permitted by law, in no event shall Food Attitude have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of the Website.

Links

The Website may contain third party content or links to third party websites. These content and links are provided solely for your convenience and information and shall not in any way constitute a binding offer.

Food Attitude has no control over any third party content or websites and therefore shall have no liability for third party content or websites linking to or framing the Website. The use of these third party websites is at the user sole risk.

Personal data and cookies

When visiting our Website or using the Application, you may provide personal data in order to benefit from the services offered.

The information provided is solely intended to Food Attitude, the controller, for external communication purposes, market research and statistics in order to provide you with the most appropriate services and to ensure quality follow-through.

Food Attitude shall send you its offers and information by e-mail, sms or phone upon your consent and by mail, should you not oppose when inserting your data. At any time, you may object, free of charge, to receive Food Attitude marketing messages by sending an email to info@foodattitude.ch.

You have a right to access, rectify or delete your data and to oppose their treatment. Should you want to exercise said right, you can write to info@foodattitude.ch by indicating your name, address, e-mail address in order for your request to be treated as quickly as possible.

You may, at any time, access and change the information about your contact details in your profile and manage the newsletter.

We take all appropriate measures to ensure the security and confidentiality of your personal data and in particular to prevent them from being altered, damaged or accessed by unauthorized third parties with respect to current legislation.

Our Website uses “cookies” to ensure the functionality of the Website.

Applicable law and jurisdiction

Swiss law applies to all contracts between Food Attitude and its clients.

The Courts of the canton of Geneva are competent in case of litigation.