T&C

The presentation of products on the online shop www.foodmarket24.ch is not an offer but merely an invitation to place an order. By completing the electronic ordering process through our online shop, you can place an order for goods. When selecting one or more products, they will be added to the virtual shopping cart. In the shopping cart, you can view all the associated products. Additionally, you can modify the quantity of the ordered products or remove a product from the order. By clicking the "Checkout" button, you will be prompted to enter the relevant shipping information and select a payment method. Before completing the order, all relevant order information will be summarized and displayed to you. By clicking the "ORDER" button, the ordering process will be completed. For the customer account, you will choose a username and password. You are obliged to treat both confidentially. We cannot be held liable for any misuse of usernames and passwords or resulting damages. Your order constitutes a binding offer. The confirmation of receipt of the order follows immediately after submitting the order and does not yet constitute acceptance of the offer. We can accept your order by sending a shipping confirmation via email or by delivering the goods within 5 days. 

Protecting your privacy is very important to us. Below, we provide detailed information on how we handle your data. The regulations of our privacy policy apply to data protection and are an integral part of these terms and conditions. 

Data subjects' rights:

You have the right to obtain free information about the personal data we store about you, as well as the right to rectification, restriction of processing, data portability, or deletion of this data, if applicable. If you have any questions regarding the collection, processing, or use of your personal data, or if you require information, correction, blocking, or deletion of data, as well as the withdrawal of any given consent or objection to a specific use of data, please contact us directly using the contact information provided in our imprint. Additionally, you have the right to lodge a complaint with the competent data protection supervisory authority.

Newsletter subscription:

If you subscribe to our newsletter, we will use the data you provide to send you the newsletter. You can revoke this consent at any time with effect for the future by unsubscribing from the newsletter. Storage of customer data: Any consent given for the storage of your customer data can be revoked at any time with effect for the future.

Newsletter unsubscribe:

Da ich ein textbasiertes KI-Modell bin und keinen Zugriff auf E-Mails oder Newsletter habe, kann ich keine direkten Aktionen wie das Öffnen des Newsletters oder das Klicken auf den Abmeldelink durchführen. Es liegt in Ihrer Verantwortung, den Abmeldelink am Ende des Newsletters zu finden, darauf zu klicken, Ihre E-Mail-Adresse einzugeben und die Abmeldung zu bestätigen, um Ihre Daten aus der Datenbank des Newsletter-Anbieters zu löschen und keine weiteren Newsletter mehr zu erhalten.

Cookies:

On various pages, we use cookies to make your visit to our website more attractive and enable the use of certain functions. Most of the cookies we use are deleted from your hard drive at the end of the browser session (so-called session cookies). Other cookies remain on your computer and allow us to recognize you on your next visit (so-called persistent cookies). You can prevent the storage of cookies in your browser. Please note that without cookies, you may not be able to use certain features of our website. Disclosure of personal data to third parties: Your data will be disclosed to our delivery companies as necessary for the delivery of goods. For payment processing, we pass on your payment data to our house bank, which processes your data only to the extent that we ourselves would be entitled to do so. Furthermore, your personal data will not be disclosed to third parties.

Customer Reviews:

By submitting a customer review for products offered by us, you grant us an exclusive and unrestricted license to further use it. We reserve the right not to display or omit a customer review, either in full or for a limited period, and to edit or shorten it. Customer reviews solely reflect the opinions of customers and may not necessarily coincide with our views.

Web analysis with Google Analytics:

This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help analyze how users use the website. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. However, if IP anonymization is enabled on this website, your IP address will be truncated beforehand within member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the United States and truncated there. On behalf of the website operator, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity, and providing other services relating to website activity and internet usage to the website operator. Google will not associate your IP address transmitted by your browser through Google Analytics with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore, you can prevent Google's collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de

Facebook social plugins:

On our website, we use social plugins ("plugins") from the social network Facebook, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The plugins are marked with a Facebook logo or the words "Social Plug-in from Facebook" or "Facebook Social Plugin." An overview of Facebook plugins and their appearance can be found here: https://developers.facebook.com/docs/plugins

When you visit a page on our website that contains such a plugin, your browser establishes a direct connection to Facebook's servers. The content of the plugin is transmitted directly from Facebook to your browser and integrated into the page. Through this integration, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged in to Facebook. This information (including your IP address) is transmitted from your browser directly to a Facebook server in the USA and stored there.

If you are logged in to Facebook, Facebook can directly associate your visit to our website with your Facebook profile. When you interact with the plugins, for example, by clicking the "Like" button or leaving a comment, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on your Facebook profile and shown to your Facebook friends.

The purpose and scope of data collection, as well as the further processing and use of data by Facebook, and your rights and settings options for the protection of your privacy, can be found in Facebook's privacy policy: http://www.facebook.com/policy.php

If you do not want Facebook to directly associate the data collected through our website with your Facebook profile, you must log out of Facebook before visiting our website. You can also completely prevent the loading of Facebook plugins by using add-ons for your browser, such as the "Facebook Blocker" (http://webgraph.com/resources/facebookblocker/).

Twitter Plugins (e.g., "Tweet" button): On our website, we use social plugins ("plugins") from the microblogging service Twitter, operated by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA ("Twitter"). The plugins are marked with a Twitter logo, such as a blue "Twitter bird." An overview of Twitter plugins and their appearance can be found here: https://twitter.com/about/resources/buttons

When you visit a page on our website that contains such a plugin, your browser establishes a direct connection to Twitter's servers. The content of the plugin is transmitted directly from Twitter to your browser and integrated into the page. Through this integration, Twitter receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Twitter profile or are not currently logged in to Twitter. This information (including your IP address) is transmitted from your browser directly to a Twitter server in the USA and stored there.

If you are logged in to Twitter, Twitter can directly associate your visit to our website with your Twitter account. When you interact with the plugins, for example, by clicking the "Tweet" button, the corresponding information is also transmitted directly to a Twitter server and stored there. The information is also published on your Twitter account and displayed to your contacts.

The purpose and scope of data collection, as well as the further processing and use of data by Twitter, and your rights and settings options for the protection of your privacy, can be found in Twitter's privacy policy: https://twitter.com/privacy

If you do not want Twitter to directly associate the data collected through our website with your Twitter account, you must log out of Twitter before visiting our website.

Disclaimer:

FoodMarket24 shall only be liable for damages resulting from intentional or grossly negligent conduct, except in cases of injury to life, body, and health or the violation of material contractual obligations (cardinal obligations). In the case of the latter, FoodMarket24's liability is limited to the compensation of foreseeable, typically occurring damages. These liability limitations do not apply if FoodMarket24 has fraudulently concealed a defect or provided an explicit warranty for the quality of the goods. Claims for liability under product liability laws remain unaffected. The provisions of the above paragraph also apply, by analogy, to the benefit of the legal representatives, executive employees, and agents of FoodMarket24. FoodMarket24 is not the manufacturer of the goods offered unless explicitly stated. The product packaging and accompanying documents may contain information that goes beyond or differs from the information provided on our website. Therefore, we would like to draw your attention to the fact that you should not rely solely on the information displayed on our website but also carefully read the labels, warnings, and instructions provided with the goods before using them. 

For orders, the prices listed for the products at the time of ordering apply in Swiss Francs (CHF). All prices mentioned include the Swiss statutory value-added tax and are subject to additional shipping costs. Additional costs will be calculated separately. 

Delivery is only available within Switzerland, and it will be carried out either by the FoodMarket24 delivery vehicle or by the Swiss Post.

Zone A, B, C and D

Chargeable delivery costs (see delivery costs).
Versandzonen

Outside delivery zones A, B, C and D

Delivery costs delivery zone A

• Just 2.80 CHF
• Free of charge from an order value of 299.- CHF

Delivery costs delivery zone B

• Just 3.50 CHF
• Free of charge from an order value of 299.- CHF

Delivery costs delivery zone C

• Just 5.40 CHF
• Free of charge from an order value of 299.- CHF

Lieferkosten Lieferzone D

• Just 6.80 CHF
• Free of charge from an order value of 299.- CHF

The costs are independent of the value of the ordered products (excluding delivery costs, deposits, and credits). The delivery costs stated in the online shop and communicated separately apply. The delivery costs will be listed as an additional item in the shopping cart and on the invoice. 

The costs start at CHF 9.00 for orders with a value of CHF 50 or more (standard prices for Swiss Post). The costs depend on the weight of the ordered products. The delivery costs stated in the online shop and communicated separately apply. The delivery costs will be listed as an additional item in the shopping cart and on the invoice.

With the purchase of a delivery subscription, the delivery costs are waived regardless of the order value.

• CHF 115.50 Delivery subscription for 12 months
• CHF 62.40 Delivery subscription for 6 months
• CHF 12.50 Delivery subscription for 1 month

The delivery subscription is only valid for the delivery service provided by FoodMarket24. The purchase of a delivery subscription is only available to customers who are 18 years or older and have a FoodMarket24 customer account. The delivery subscription is non-transferable. The delivery subscription may only be used for the regular needs of a household or business, and FoodMarket24 reserves the right to exclude the offer of the delivery subscription without providing reasons. You have the right to revoke the purchase of the delivery subscription within 5 calendar days by notifying the customer service of FoodMarket24, provided that you have not used the delivery subscription. The withdrawal period begins 1 day after the purchase of the delivery subscription. After the expiration of this period, the purchase of the delivery subscription cannot be revoked. The terms and conditions of the delivery subscription cannot be unilaterally changed by FoodMarket24, except if they are improved in favor of the customers.

Cancellation of delivery subscriptions

The delivery subscription is valid for the selected duration and will be automatically renewed for the respective term. You can cancel the automatic renewal at any time without observing a notice period, and it will be effective at the end of the validity period. With the purchase of a delivery subscription, the delivery costs are waived regardless of the order value.

Abuse of the delivery subscription

FoodMarket24.ch reserves the right to review the usage of the delivery subscription by customers and to cancel the delivery subscription without any compensation or refund if excessive usage is detected, which clearly exceeds the normal usage of a household or business, or if the delivery subscription is used by a third party who does not reside in the same household or by another legal entity.

Customers will enjoy free deliveries throughout the entire duration of their subscription if they make purchases for the specified minimum order value of CHF 299. The terms and conditions of the delivery subscription cannot be unilaterally changed by FoodMarket24.ch during its validity period, except if they are improved in favor of the customers.

In the event of payment default, FoodMarket24.ch is not obligated to process new orders or fulfill outstanding deliveries. Until full payment of all outstanding amounts, customers will not be able to use the delivery subscription and are not entitled to compensation or credit for the unusable duration of the subscription.

The available delivery time slots are visible in the online shop and can be selected by customers for their respective orders. It is not possible to determine an exact delivery time within the designated time slot. Time deviations and the blocking of specific delivery dates are possible, especially on peak days with exceptionally high delivery volume. Any claims for damages or additional claims from customers are excluded in such cases.

Deliveries are not made on Sundays and official nationwide or cantonal holidays.

If the customer is not present at the time of delivery and has not provided any specific delivery instructions, the delivery will be left in front of the apartment door, at the reception, or in front of the entrance door of the company. Depending on the specific delivery window, the delivery may also be made to a neighbor residing in the same building if the customer has provided their address and phone number in the customer account under "optional information" prior to placing the order. If the customer's mailbox is part of a mailbox system, the delivery driver will leave a pickup invitation in the mailbox. The customer will then need to collect the delivery from the respective post office.

The customer assumes responsibility for the delivered products, even if they were not personally received. In the case of delivery of frozen products, it is recommended that the customer be present during the delivery.

FoodMarket24 is entitled to make partial deliveries and provide partial services. FoodMarket24 will bear any costs associated with separate shipments.

The delivery is carried out through Swiss Post or by home delivery. FoodMarket24 ships from Monday to Friday. In exceptional cases where an item is not ready for shipment within 24 hours, you will be notified via email.

We deliver goods marked as "in stock" in the online shop promptly upon receipt of the order and, if applicable, after receiving payment in advance, generally within a maximum of 5 days. Any deviations in delivery times will be indicated on the respective product page.

If a buyer does not accept the goods, FoodMarket24 may, at its own discretion, either sell the goods to a third party after a period of 2 weeks and hold the original buyer liable for any resulting loss, or insist on the fulfillment of the contract. The remaining legal claims of FoodMarket24 are reserved.

If the goods are not deliverable due to force majeure or discontinuation of the product, or if FoodMarket24 is unable to procure the ordered products under reasonable conditions, and if these circumstances occur after the conclusion of the contract and are not attributable to FoodMarket24, FoodMarket24 shall be exempt from the obligation to deliver. In the event of events that significantly impede or make the delivery impossible for FoodMarket24 - such as strikes, lockouts, official orders, or similar circumstances - FoodMarket24 is not responsible for delays even with bindingly agreed deadlines and dates.

We offer the following payment methods for orders: credit card (Visa & Mastercard), TWINT, Postfinance, Paypal, and purchase on account.

If you pay by credit card or TWINT, the charge to your credit card or TWINT account will be made immediately after the order is placed.

Purchase on account with installment option (POWERPAY)

MF Group / POWERPAY, as an external payment service provider, offers the payment method "Purchase on account". With this option, you can conveniently settle your online purchase by invoice. If you choose to defer payment within the specified timeframe, you will receive a monthly invoice with an overview of your orders in the following month.

Beim Abschluss des Kaufvertrags übernimmt POWERPAY die entstandene Rechnungsforderung und wickelt die entsprechenden Zahlungsmodalitäten ab. Bei Kauf auf Rechnung akzeptieren Sie zusätzlich zu unseren AGB, die AGB von POWERPAY. (powerpay.ch/de/agb).

Please note that we only accept payments from accounts within Switzerland and the European Union (EU). Under no circumstances will we cover the costs of a money transaction.

FoodMarket24 does not sell alcohol to individuals under the age of 18. When ordering spirits, the customer is obligated to ensure that a legal adult accepts the delivery. This applies to personal acceptance in the case of delivery by courier services as well as in the case of leaving the delivery at the doorstep. During the ordering process, the customer is required to confirm that they are 18 years of age or older. If the minimum age requirement is not met, the customer's offer will not be accepted, and no contract can be concluded. The customer is obligated to provide truthful personal information. FoodMarket24 reserves the right to request a copy of identification by email for age verification purposes without providing reasons. If your order includes products with age restrictions, we use a reliable procedure that includes personal identification and age verification to ensure that the buyer meets the minimum age requirement. The delivery will only be handed over to the buyer personally after successful age verification.

Cancellations and modifications of individual orders are possible before the status "In progress". Once an order reaches the status "In progress", no cancellations or modifications can be made. It is recommended to contact our customer service as early as possible in case of change requests or cancellations to discuss the available options.

For consumers, we reserve the right to retain ownership of the purchased item until full payment of the invoice amount. For businesses, we reserve the right to retain ownership of the purchased item until all outstanding claims from the business relationship with the buyer have been settled. If the customer is in default of payment, we are entitled to register the retention of title in the ownership reservation register at the customer's expense. The corresponding security rights can be transferred to third parties.

You are only entitled to set-off if your counterclaims have been legally established or acknowledged by us. Furthermore, you may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

If the customer is in default with any payment obligations towards us, all existing claims become due immediately.

If products are delivered with obvious damage to the packaging or content, you must immediately report and refuse acceptance of the goods to the delivery person, without prejudice to your rights regarding defects. The customer is obliged to obtain a damage confirmation report from the delivery person. In addition, all transportation damages must be promptly reported to FoodMarket24.

Furthermore, it is the customer's responsibility to immediately inspect the ordered products upon receipt and store them correctly (especially refrigerated or frozen). Any defects or deviations from the order must be reported to FoodMarket24's customer service by email with the subject "Damage Report" to services@foodmarket24.ch on the day of delivery. After that, only hidden defects can be claimed, which must be reported to FoodMarket24's customer service immediately upon discovery. The amount paid by the customer for the defective goods will be credited to the customer's account. FoodMarket24 reserves the right to request evidence of the defect.

The legal warranty regulations apply.

Important note: Please consult your doctor if you have known intolerances or allergies. The same applies to potential interactions with other products you are taking concurrently.

You have the following right of withdrawal for concluded contracts and distance contracts, with the exception of contracts for financial services.

Cancellation policy

You have the right to withdraw from this contract within 24 hours from the receipt of the order confirmation, providing a reason for your withdrawal. The withdrawal period is 24 hours from the moment you or a third party designated by you, who is not the carrier, click on "Order" and receive an order confirmation via email. To exercise your right of withdrawal, please send us your withdrawal including the filled out withdrawal form by email to services@foodmarket24.ch or by post to the following address:

Oststern Trading GmbH
c/o FoodMarket24
Seewadelstrasse 5
CH-8910 Affoltern am Abis
Schweiz

To comply with the withdrawal period, it is sufficient for you to send the notification of exercising your right of withdrawal before the withdrawal period expires. You can inform us of your decision to withdraw from the contract by providing a clear statement.

Consequences of the revocation

If you revoke this contract, we will reimburse you for all payments we have received from you, including delivery costs (except for any additional costs resulting from your choice of a different type of delivery than the standard delivery offered by us, which is the most economical), without undue delay and no later than 10 days from the day on which we receive the notification of your revocation of this contract. We will carry out such reimbursement using the same means of payment you used for the initial transaction unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have provided evidence of having sent back the goods, whichever is the earliest. You shall bear the direct cost of returning the goods. We reserve the right to deduct compensation for any damage or excessive wear and tear from the refundable purchase price. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Exclusion of the right of revocation

Unless otherwise agreed by the parties, the right of withdrawal does not apply to the following contracts:

• Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed or opened after delivery.
• Contracts for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded.
• Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.

DOWNLOAD - REVOCATION RIGHT FORM 

FoodMarket24 shall only be liable for damages resulting from intentional or grossly negligent behavior, except in cases of injury to life, body, and health or the violation of essential contractual obligations (cardinal obligations). In the latter case, FoodMarket24's liability is limited to the compensation of foreseeable, typically occurring damages. These limitations of liability do not apply if FoodMarket24 has fraudulently concealed a defect or has assumed an explicit guarantee for the quality of the goods. Claims for liability under product liability laws remain unaffected.

The provisions of the above paragraph shall also apply mutatis mutandis in favor of the legal representatives, executive employees, and agents of FoodMarket24.

FoodMarket24 is not the manufacturer of the goods offered unless expressly stated. The product packaging and accompanying documents may contain information that goes beyond or differs from the information provided on our website. Therefore, we would like to remind you not to rely solely on the information displayed on our website, but to always carefully read the labels, warnings, and instructions provided with the product before use.

All legal transactions or other legal relationships between the customer and us are governed by Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other international agreements do not apply.

If individual provisions of this contract, including this clause, are or become invalid in whole or in part, or if the contract contains a gap, the validity of the remaining provisions or parts of such provisions shall not be affected.

Any amendments or additions to these terms and conditions require written form and must be signed by both parties to be valid.