General terms and conditions

1. Scope of Application

The general terms and conditions of sale apply to all orders placed and contracts concluded (from now on referred to as “order”) by any person (from now on referred to as “customer”) via the online store of Golden Olive Switzerland Ltd. They (the “Terms and Conditions”) govern the contractual relationship between the Company and the Customer. They are an integral part of the contract and are assumed to be read and accepted, without reservation, by the customer with each contract concluded.

In case of disagreement with the general terms and conditions, the customer shall refrain from placing an order via the online store.

The company reserves the right to modify the general terms and conditions of sale at any time and without prior notice, within the limits of Swiss law, by publishing a new version on the online store. Any order placed after the publication of a new version shall constitute acceptance of this new version by the customer.

2. Information about the online store and social networks

The online store products are intended for natural or legal persons with a domicile or registered office in Switzerland. The products are only delivered to addresses in Switzerland.

The photos, videos, and texts illustrating and describing the products in the online store and on social networks and the stock levels mentioned on the company’s platform are non-binding and provided only for information purposes. They do not constitute an offer from the company and cannot be qualified as guarantees or promised qualities. Furthermore, the display of products in the online store is not legally binding. It is an online catalog presented as an indication to invite the customers to order the product in this way. The company reserves the right to restrict the order quantities for specific products.

3. Registration

The data provided by the client, especially the address, must be correct, and the client alone is responsible for its accuracy. In the event of a change in this data, the customer will inform the company or update his profile on the online platform.

The customer must provide a valid e-mail address to which all communications related to the order will be sent, a telephone number, and a correct postal address for sending the order. Any contact made to the customer by e-mail or via telephone will be considered received and read by the customer on the date and time of receipt 24 hours after the company sends it.

The customer chooses, at the time of his registration, or is given, in case of reset, a password allowing him to place an order or use other online store functions. This password is strictly confidential. It must not be disclosed to third parties under any circumstances. The Customer is solely responsible for the use, storage, and security level of his password, which he can change at any time via the online store. The Customer is responsible for any order placed, even without his knowledge, using his password. If the Customer knows or suspects that a third party has access to his/her password, he/she must notify the Company immediately. All personal data will be considered confidential. The information necessary for the order management will be subject to computer processing and may be communicated to associated companies within the order management framework. The company reserves the right to use the data, including the telephone number, to communicate with the customer. By accepting the terms and conditions of sale, the customer agrees that the company can not only save his data for business purposes but also use this data for communication.

4. Order

Only customers of age, capable of discernment, and not under guardianship, may place an order via the Online Shop. As a reminder, the customer is solely responsible for the accuracy of his personal data.

An order in the online store or on social networks is considered a request to conclude a contract with the company.

After transmission of the order, the customer automatically receives an acknowledgment of receipt, which confirms that the company has received the order. The client may not add to or cancel the order once the Company has received it.

The company can, for example, for lack of stock or without any other justification, refuse the order. In this case, the Customer is informed, and any payments already made are refunded. Unavailable products will not be delivered later. Temporarily unavailable products cannot be reserved or ordered.

The data recorded by the company constitutes irrefutable proof of the orders. The data recorded by the payment system include irrefutable proof of financial transactions. This evidence can be used in case of a dispute between the customer and the company.

5. Prices

The prices are in Swiss francs and are not subject to value-added tax (VAT). The price indicated in the online store at the time of the order is binding.

Unless otherwise indicated, the prices indicated in the online store include packaging and delivery costs.

6. Conclusion of the contract

The contract is concluded as soon as all the elements constituting a contract are met in the sense of the Swiss Code of Obligations. It shall be deemed to have been completed in particular once the customer has paid the price and the Company has processed the order. As soon as the order is ready to be dispatched by the Company, the customer shall receive an order confirmation by e-mail which shall be deemed to be the conclusion of the contract.

7. Payment procedure

Payments must be made in Swiss francs.

The means of payment accepted by the company are exclusively those indicated on the online store.

The Customer bears the risk of a malfunctioning of the payment system at the full discharge of the Company. Order will only be processed if the price is paid.

8. Delivery

The delivery address of the customer must be in Switzerland. As a reminder, the customer must provide correct and complete contact information.

The products are shipped (by the company in a perimeter that leaves itself the choice to determine and modify at any time or a third partner company) to the delivery address indicated by the Customer when ordering. The Company shall not be held responsible for the non-delivery of a product in the event of an incorrect or inaccurate address or in the event of a change of address. Moreover, in case of the Customer’s absence, the company reserves the right to deposit the parcel in its sphere of influence (e.g., milk box, corridor, hallway, etc…).

The customer assumes full responsibility for the products when they are in his sphere of influence, even if he has not received them himself.

Furthermore, the risks associated with the shipment of the goods are transferred to the customer as soon as the company hands over the goods to the transport company of his choice.

Suppose the carrier returns a parcel to the company’s warehouse following an unsuccessful delivery (postal delays exceeded, wrong address of the recipient, etc.). In that case, the customer is notified through an e-mail or a text message sent to the coordinates he/she indicated in his/her profile or when placing the order. If no news is received from the Customer within 30 days of sending the e-mail or sms, the order is canceled. The Company shall then be released from its obligation to deliver the goods. The Company shall retain the amount paid by the Customer as a contractual penalty to settle all accounts and claims concerning the order. Except for certain exceptional cases, it is to be noted that no reshipment will be made. The customer is responsible for coming to the company’s warehouse to pick up his package.

The transport costs and risks inherent to the return of an unclaimed package (including if the carrier does not leave a notice of passage) are borne exclusively by the customer, as are the risks inherent in storing the returned goods. In the exceptional case of a return shipment, the customer assumes the entire cost and risk. Before reshipment, the Company may request the Customer pay the related costs.

The Company shall make every effort to ensure that the ordered products are shipped within 36 hours (working days, i.e., Monday to Friday inclusive and excluding public holidays), starting from the conclusion of the sales contract (order confirmation sent by e-mail or SMS by the Company). This period is, however, purely indicative and non-contractual.

9. Warranty for defects

Upon receipt of the order, the customer must inspect the delivered goods without delay. If necessary, the Customer must check for any apparent defects at the time of delivery (product delivered that does not correspond to the product ordered, incomplete product, etc.) and must notify the Company by email or telephone within three working days of becoming aware of the defect, failing which the fault will be considered accepted. The company reserves the right to require proof of defect from the Customer. Concerning the return, the procedure of Article 14 applies.

Except for the aforementioned apparent defects, the Company does not offer any warranty against defects whatsoever. Article 199 CO (fraudulent concealment of a defect) is reserved.

10. Customer’s right of revocation (in case of delay in delivery)

In the event of a delay in delivery, the customer may revoke the order under the following cumulative conditions:

• The company has not dispatched the ordered goods (date of handover to the carrier) within 20 working days from the date of dispatch of the order confirmation;
• the client has sent his request to the company by the possible means of contact (only those mentioned in Art. 10), mentioning his intention to revoke his order due to delay, this at the latest ten working days after the due date mentioned in the first point of this article;
• the client’s request reaches the company at least 24 hours before the ordered product has been handed over to the carrier for delivery.

11. Company’s Right of Revocation

After the conclusion of the contract, the Company shall be entitled to cancel an order which has yet to be delivered at any time and without having to give reasons to the Customer.

12. Consequences of Cancellation

In the event of revocation following Articles 10, 11, or 12, whether by the Customer or the Company, the Contract shall be terminated. The payment made in advance by the Client shall be refunded to him by bank transfer to an account in Switzerland. The reimbursement shall be made in full and final settlement of all accounts and claims. The client shall not be entitled to claim any additional damages from the Company, his claims being limited exclusively to the return of the advance payment. The Company shall be released from its obligation to deliver the goods.

13. Return Procedure

All returns in the sense of Articles 9 and 10 of these terms and conditions are subject to prior approval by the Company. No goods will be accepted without prior approval by the Company.

Upon receipt of the return authorization, the customer shall have a period of 7 working days to return the goods to the Company (the date of the Company’s prior approval shall be deemed the date of return). After this period, the return will be refused. The return must be made in the original packaging, against signature. The Customer alone shall bear the costs and risks associated with the return of the goods.

Regarding a general revocation request (article 10), the return costs are at the customer’s expense. However, in the case of a justified return due to a defect (Article 9), the Company shall bear the return costs provided that the Customer presents proof of payment of the shipping costs.

14. Contact details

To contact the company, the customer can use the following means:

• By email at the following address: info@goldenolive.ch
• By telephone at 078 800 34 74

15. Applicable law and place of jurisdiction

The legal relationship between the company and the customer is governed by Swiss law. The place of jurisdiction is Gland.