GENERAL TERMS AND CONDITIONS FOR ONLINE ORDERS IN SWITZERLAND
§ 1 General
1.1 These General Terms and Conditions (""Online Terms and Conditions"") apply exclusively to orders placed and contracts concluded via an online store of Future Kitchens AG (hereinafter ""FK""), either via the website https:/futurekitchens.ch/ (""Website"") or via the respective application for mobile devices (""App"") (each ""Online Shop"").
1.2 The following terms and conditions shall also apply to future deliveries and services, even if no reference is made to these terms and conditions in individual cases.
1.3 FK operates an online store through which food and beverages (""Products"") offered by FK franchisees (""Franchisees"") can be ordered by you as a customer (""Customer"" or ""You/Your/Yours"") to be either delivered to addresses located in the delivery area defined by FK or to be picked up at restaurants defined by FK. By placing an order for any of the Products with a Franchisee, you agree to be bound by these Online T&Cs.
1.4 Persons who have reached the age of 13 and legal entities, such as companies, are eligible to place orders. Delivery is made exclusively to addresses within the delivery area. FK as well as the respective franchisees may refuse to forward or accept orders in justified individual cases (e.g. in the event of suspected hoax orders, EC card misuse, address outside the delivery area) without stating reasons. In addition, the suppliers are obliged to have the age of the customer confirmed by showing the identity card or passport if there is the slightest doubt. In the event that the age cannot be confirmed, FK, the Franchisee and the persons supplying the Products reserve the right not to fulfill the delivery obligations.
1.5 The Customer is obliged to truthfully and completely enter the information required for the proper processing of the order. False information may give rise to civil and/or criminal liability. The customer can also register free of charge for a simplified ordering process and for the use of additional services in the online store and create a customer account. The customer is responsible for his equipment and his customer account, including for the security of the account and for all activities that take place under the account. Only the customer may use the customer account for online services and the customer must ensure that the user data is up-to-date and correct at all times. The customer is liable for all orders, including abusive orders, made using his customer account, if he is responsible for them.
§ 2 Order and conclusion of contract
2.1 All products shown in the online store represent a non-binding invitation to submit an offer for a purchase contract with one of the listed franchisees responsible for a restaurant listed in the online store. Distribution Channels: Orders can be placed in the online store, i.e. either via the website or via the app. Delivery options: Ordered products can either be picked up at the franchisee's restaurant or delivered to a specified address. Payment options: Only online payment is available for ordered products delivered to a specified address.
2.2 After you have provided all relevant information regarding your order during the ordering process (selection of products, delivery information, payment information, contact information), you will receive an overview of your order. At this time, please check your order for completeness and correctness, in particular: Selection and quantity of products, prices, franchisee contractor/restaurant and your personal contact, delivery and billing information. You can then confirm and submit your order by clicking the "Place Order" button. By doing so, you place a legally binding order with the specified franchisee. The product order will be transmitted by FK as the operator of the online store to the franchisee with all the information necessary for its execution. Please note that the text accompanying your order is not stored by us and cannot be retrieved after the order process has been completed. However, you can print your order data immediately after submitting the order, and if you use the app for your order, you will find your order under "Recent Orders".
2.3 An order placed by the customer is considered an offer to conclude a contract. Once you have submitted your order to us, we will confirm receipt of your order by email. However, this confirmation of receipt email does not constitute a legally binding acceptance of your order.
2.4 The offer for the Products is valid as long as they are available in the Franchisee Restaurant where you place your order. Some Franchisee Restaurants do not sell all Products and each Franchisee is free to refuse orders in whole or in part without justification. In this case, the customer will be informed and any payments already made will be refunded. Further claims are excluded. In addition, images of products and packaging in the online store are for illustrative purposes only and differences from the delivered product or packaging you receive from a franchisee restaurant are possible. The differences may be due to, among other things, the color representation of Your Product or factors such as the ingredients used, the supplier, the region of the country and the time of year.
2.5 After the Franchisee has processed and accepted the order, the contract of sale of the Products is concluded upon execution of the order. A contract for the delivery of Products is concluded exclusively between the Customer and the Franchisee to whom FK forwards the respective order. Please note that in the case of orders that are picked up by the customer, the orders will be processed only immediately before the pickup. For this purpose, you must click on "I am here" (or similar) so that the payment can be processed and you will receive a confirmation email. The contract is concluded when the respective franchisee restaurant makes the products available for pickup.
2.6 All prices stated in the online store are in Swiss francs (CHF) and include the statutory value added tax, which is shown separately. In each case, the price at the time of the order applies. The invoice is attached to the delivery and will not be sent separately. Each franchisee can set its own prices, therefore the prices may vary.
2.7 The Customer is aware that the products offered are mainly freshly prepared and perishable. The Customer must therefore ensure that authorized persons are present at the specified delivery address to accept the delivery.
2.8 The Customer shall check the delivery for completeness and correctness upon receipt and immediately report any obvious defects to the delivering employee. Subsequent notices of defects (in case of non-obvious defects) may be addressed directly to the delivering franchisee. You will find the respective contact details in your order confirmation.
§ 3 Payment
3.1 Payment for the Order shall be made by the Customer either online or in cash upon delivery of the Products. In both cases, payments are processed directly by the franchisee after the franchisee has accepted the order and the contract has been concluded. The Customer selects the method of payment during the ordering process.
3.2 If a cash payment has been selected, the payment will be made directly when the order is handed over to the person who delivers the food to you.
3.3 For online payment, you will be redirected to the websites of the respective payment service provider. Payment information is not stored by FK. The customer is obliged to ensure sufficient funds in the relevant account or to make payment by credit card only within the respective permitted credit limit. In addition, unauthorized return debit notes must be avoided.
§ 4 Delivery
4.1 The estimated delivery time stated during the ordering process is not binding.
4.2 The time required for delivery of the products depends on local conditions (e.g. scope of the order, delivery distance, time of day, availability of drivers, etc.). The respective Franchisee shall deliver the order to the house/apartment entrance of the address specified by the Customer within the delivery area.
4.3 If the failure to meet or delay in meeting the delivery deadline is due to force majeure, riot, strike, lockout, raw material depletion or operational disruptions for which FK or the Franchisee are not responsible or other circumstances for which we are not responsible, both parties have the right to withdraw from the contract. Further claims arising from delay in delivery or (partial) failure to deliver are excluded.
§ 5 Liability and Warranty
5.1 FK shall not be liable for the respective franchisee with regard to the proper performance of the order placed in the online store and referred to it.
5.2 To the extent permitted by law, any liability claims against FK and/or FK's employees and auxiliary persons are excluded.
§ 6 Data protection
§ 7 Miscellaneous
Should individual provisions of these online GTC be or become invalid, the validity of the rest of these terms and conditions shall remain unaffected. The invalid provision shall be replaced by a provision that comes as close as possible to the economic objective of the parties.
§ 8 Applicable law and place of jurisdiction
Swiss law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and international law.
The place of jurisdiction for natural persons is Zurich (ZH). For legal entities, Zurich (ZH) shall be the exclusive place of jurisdiction.