Terms and Conditions of Sale – PIKUP Sàrl

Scope of Application / Account / Offer / Price / Order / Payment / Delivery / Fees for PIKUP services / Origin Indication and Allergens / Grocery / Complaints and Warranty / Virtual Wallet (wallet) – refunds, credits, balance / Applicable Law and Legal Venue / Contact

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 the website or mobile application pikup.ch of PIKUP Sàrl or by phone via the after-sales service of PIKUP Sàrl (hereinafter referred to as "pikup.ch") between a customer and PIKUP Sàrl.

The GTC form an integral part of the contract concluded between PIKUP Sàrl ("PIKUP Food") and the customer placing an order (the "Customer"). By placing an order, the Customer confirms having read, understood, and accepted the GTC without reservation. The French version prevails over versions in any other language.

PIKUP Sàrl reserves the right to modify the GTC at any time. The version of the GTC published on pikup.ch at the time of the order applies. In the event of differences between the GTC and any special conditions mentioned on the order confirmation, the latter shall prevail. The version of the GTC cannot be unilaterally modified for the order in question.

Account

To place an order, the Customer must create an account on the pikup.ch website (hereinafter the "Account"). The Customer is solely responsible for the accuracy and completeness of the data provided and must communicate any changes by updating their account, in particular, their telephone number, email, and delivery address. The Customer must be at least 18 years old to create a pikup.ch account and place orders on pikup.ch. Any communication sent by email to the Customer at the address provided in their account shall be deemed validly received by the Customer.

The Customer is responsible for the use of their account and the security of their password. It is the Customer's responsibility to manage their Account profile and, if necessary, to delete the payment methods indicated in their 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 gained unauthorized access to their account, they must immediately change their password and inform Pikup.

Customers' personal data are processed in accordance with the data protection policy.

PIKUP Sàrl reserves the right to delete customer accounts in case of suspicion of fraud. No refund of the Customer's virtual wallet will be made. PIKUP Sàrl assumes no liability in this regard.

The misuse of vouchers is not allowed. In this case, PIKUP Sàrl will block and delete the account without assuming any responsibility or making refunds.

In the event that the Customer's account is deactivated, PIKUP Sàrl is not responsible for any remaining balance in the wallet.

Offer

The offer is aimed at natural or legal persons domiciled or headquartered in Switzerland. Products are only delivered to addresses in Switzerland and according to the rules applicable to the concerned cities. The offer is valid as long as it appears on pikup.ch, within the limits of available stocks.

The images published on pikup.ch are purely indicative and are not contractual.

Price

Prices are in Swiss francs, including value-added tax (VAT).

Only the price indicated on pikup.ch at the time of the order is valid.

The delivery price is shown separately in the cart and on the invoice.

Order

The display of products on pikup.ch is not legally binding. Although PIKUP Food strives to provide as complete and up-to-date information as possible, the information on the website or any other communication channel used by PIKUP Food (especially product descriptions, product origin, photos, prices, available stocks, and delivery times) is indicative only. They do not constitute an offer from PIKUP Food and may be changed at any time. Only the order confirmation is binding.

PIKUP Sàrl does not sell alcohol or tobacco to individuals under 18 years of age. Customers who purchase such products confirm that they are 18 years of age or older. Additionally, the date of birth must be entered in the Customer's account when purchasing alcoholic beverages. Customers who have ordered alcoholic beverages must be able to present identification upon request.

PIKUP Sàrl considers any order placed on pikup.ch as a request to conclude a contract with it. This is a firm and definitive offer. Any offer from the Customer is subject to the prior payment of the entire price by a means accepted by PIKUP Food (cf. art. 11). As payments are processed by financial intermediaries, Customers' banking data are never processed by Pikup.

After the order has been placed, PIKUP Food confirms the acceptance of the order by email, specifying that it may refuse an undelivered order at any time without having to justify it. In this case, the Customer is immediately informed, and any payments made are refunded. No compensation is due to the Customer.

Given the short delivery times and the perishable nature of the products, confirmed orders cannot be modified or canceled, and delivered products cannot be returned or exchanged.

The data recorded by Pikup, or by financial intermediaries, constitute irrefutable proof of orders or financial transactions.

Payment

At the time of conclusion of the contract, the Customer must pay the amount of the order to Pikup.

All payments must be made in Swiss francs.

The accepted payment methods are as follows: Mastercard, Visa, PayPal, American Express, Diners Club, Discover, Pikup gift voucher.

PIKUP Sàrl reserves the right to charge an additional 10% in the event that the products are prepared after the order has been transmitted to the partners. If the amount of the invoice, once the order has been processed by the partner, does not reach the increased amount by 10%, the induced amount is refunded to the Customer.

In the context of payment on invoice, it is MF Group / POWERPAY which offers as an independent payment provider the type of payment "Payment on invoice". The order invoice allows the Customer to simply pay for their purchase online by invoice. If the Customer waives payment within the specified period, they will receive a monthly invoice with an overview of the order the following month. Upon conclusion of the purchase contract, POWERPAY takes over the invoice claim and handles the payment terms. As part of the purchase on invoice, the Customer also accepts the following general terms and conditions of sale: “https://www.powerpay.ch/fr/agb” POWERPAY. (powerpay.ch/fr/agb).

If there is a malfunction during payment resulting in a generated invoice at Pikup, the Customer agrees that PIKUP Food directly debits their available credit card in their Account.

Delivery

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

Any delivery will be made to the address and according to the instructions given by the Customer. If the delivery instructions are incomplete (inaccurate coordinates, impossible access, etc.) or if no one is present to receive the order, PIKUP Food may be released from its obligation to deliver by depositing the order at the nearest location to the indicated delivery location unless the Customer provides the necessary supplements immediately. The Customer's presence at the time of delivery is strongly recommended for the goods to be delivered under optimal conditions.

When the Customer has opted for pick-up at the restaurant or at the designated outlet, the order is deemed delivered when the Customer retrieves it from the restaurant or the defined outlet by providing the order number.

Delivery Time

The available delivery slots are indicated on pikup.ch. There may be a difference between the desired delivery time and the actual delivery time, depending on the flow and external conditions in particular. Delivery times are always given for information purposes only, and the cancellation of the order by the Customer for this reason is expressly excluded.

Grocery

Regarding grocery products, if the Customer has checked "Substitute product," PIKUP Sàrl will do its best to provide a substitute product for a more or less equivalent price. A price decrease is therefore possible. An email will be sent to the Customer at the end of the order preparation to inform them of the change.

Any delivery times are always given for information purposes only, and the cancellation of the order for this reason is expressly excluded.

Delivery Charges

Delivery charges are shown separately in the cart and on the invoice from the products.

Cold Chain Compliance

PIKUP Sàrl undertakes to comply with the cold chain until the delivery of the order to the specified address.

The Customer undertakes to inspect the order immediately upon delivery.

Fees for PIKUP Services

PIKUP Food may modify the fees for the Services as deemed necessary or appropriate for its business, including, but not limited to, Delivery Fees, Service Fees, and Minimum Order Fees.

Service Fees: PIKUP Food reserves the right to charge "Service Fees" for the provision of its Services, which may be subject to change. The Customer will be informed of all applicable Service Fees and taxes to be paid on the order placement page.

Minimum Order Fees: PIKUP Food reserves the right to charge a "minimum order value surcharge" for orders below the minimum order value (defined and set by the partner) which may be subject to change. The Customer will be informed of any applicable Minimum Order Fees at the checkout. The Customer will have the choice to pay the Minimum Order Fees to avoid not reaching the minimum order value on their cart, OR to continue adding more products to their cart until the Minimum Order Fees are null and void.

Origin Indication and Allergens

The indications of origin, source, and allergens whose information is available in the "tooltip" on pikup.ch are transmitted by the suppliers. PIKUP Food ensures that this information (e.g., nutrition, dimensions, weight) is as accurate as possible based on this data. The product descriptions published online are regularly updated and with the utmost care. Despite these efforts, these indications may be erroneous or incomplete, and PIKUP Food cannot guarantee their accuracy or completeness. In case of contradiction, the information on the product packaging prevails. For specific questions about the quality of a product (such as origin or allergens), the Customer is invited to contact PIKUP Food either by phone at +41 900 009 009 (Fr. 0.99/min) or by email at the following address: support@pikup.ch.

Grocery

Regarding grocery products, the following should be noted:

Service

The assessment of products relates to defects related to the following aspects: freshness, quality of fruits and vegetables and quality of fresh products, non-compliance with the sell-by date, breakage during transport, incomplete deliveries, manufacturing or packaging defects.

Products whose intrinsic qualities do not meet the Customer's expectations (e.g., taste properties), fresh products, fruits and vegetables whose alteration is due to late receipt of groceries by the Customer, as well as products ordered by mistake, are not refundable.

Products

Changes may be made at any time to the information concerning the products; it is recommended to regularly consult the list of ingredients on the packaging and read the information regarding allergies. Before using the product, the customer must always consult the specific information regarding allergens, intolerance, diabetes, etc. It is the information on the packaging that prevails.

The product descriptions published online are regularly updated and with the utmost care. In exceptional cases, these descriptions may not correspond to the information on the product packaging. In this case, the information on the packaging prevails.

PIKUP Food reserves the right to limit the quantities of purchase of certain products and not to make deliveries in the event of an exceptionally heavy or bulky order. In the event of such an order, a check will be made with the customer.

If a product is not available at the time of shipment, it will not be invoiced or sent later. If payment has already been made, the Customer's virtual wallet will be credited with the amount of the unavailable product.

For goods sold by weight (fruits, meat, cheese, etc.), the price per unit weight on the market applies. The actually delivered quantity and therefore the final price appearing on the invoice may differ slightly from the value originally stated on the order. For prepackaged and already labeled fresh products, the price valid at the time of preparation of the goods applies.

Frozen products are delivered at the same time as the rest of the PIKUP Food order at the usual delivery times. They cannot be delivered separately.

Quantity Limits per Order and per Product

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Drinks per unit: 24 Multipack milk: 5 Unit milk: 24 Flour: 40 Cat litter: 8

In addition, the quantity of products ordered must be reasonable for the normal consumption of a household. Otherwise, PIKUP Sàrl reserves the right to restrict the quantity of products ordered or, if necessary, to increase the delivery charges depending on PIKUP Sàrl's ability to deliver the requested quantities.

Complaints and Warranty

Any defects in the products sold must be reported immediately upon receipt but no later than within 24 hours either by phone at +41 900 009 009 (Fr. 0.99/min) or by email to the following address: support@pikup.ch. If the complaint is justified, the Customer will receive a refund of the purchase price for the defective products directly into their Pikup wallet. PIKUP Food reserves the right to demand proof of the defect. Any other warranty is excluded within the limits of the law.

Virtual Wallet (Wallet) - Refunds, Credits, Credit

If the Customer is entitled to a refund or credit, following a complaint in particular, regardless of the payment method used, these will be credited to their customer account (wallet) and usable for purchases on pikup.ch. Each Customer thus benefits from a virtual wallet on their account that can be credited under the following terms:

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Loyalty program: The customer's loyalty program balance expires beyond 90 days after the date of purchase. Commercial gesture: The amount obtained for this purpose expires beyond 90 days after the date of purchase. Refund of products or undelivered orders: The balance of your credit for refund of product or undelivered order expires 365 days after obtaining the refund. Gift card: Gift cards usable on pikup.ch expire 365 days beyond their date of issue. Only one PIKUP Food voucher can be used per order. The abusive use of vouchers is not authorized. In this case, PIKUP Sàrl will block and delete the account without assuming any responsibility or proceeding with refunds.

Payments made through Lunch Check that would be subject to a possible refund will only be made through the customer's account on the wallet.

The wallet credit does not accrue interest.

Applicable Law and Legal Venue

Swiss law applies to the relationship between the Customer and PIKUP Sàrl.

The legal venue for natural persons is Geneva or the Customer's place of residence. The exclusive place of jurisdiction for legal entities is Geneva. The use of the Federal Court remains reserved.

Contact

Mail: PIKUP Sàrl, Chemin de la Montagne 70 - 1224 Chêne-Bougeries

Status of T&C - February 2022

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

DISCLAIMER: The German and English versions of these T&C are a translation of the original French. In case of discrepancy, the original French general terms and conditions will prevail.