General conditions of sale Smood SA
1. Purpose / registration
1.1 SMOOD SA connects visitors to its site with partner restaurants who deliver them meals and/or articles to the address of their choice. Visitors order on the internet website www.smood.ch or by telephone.
1.2 To this end, SMOOD SA acts as an intermediary and has no established commercial relationship with the visitors of the Web site.
1.3 No offer is made by SMOOD SA to visitors to its site.
1.4 Www.smood.ch site visitors agree to establish a contractual relationship with the restaurants directly excluding SMOOD SA which acts only as an intermediary.
1.5 SMOOD SA reserves the right to modify its prices without prior notice but is committed to bill the visitor using the rates in force at the time of the order.
1.6 These terms and conditions apply in their entirety as of the registration of the visitor to the website www.smood.ch. As such, the visitor accepts them without reserve.
2.1 The business relationship is established between the visitor and the restaurant partner on receipt of the order form available online or by phone.
2.2 In view of the nature of the deliveries and the very short timeframe in which the partner restaurants engage to deliver, the orders can not be changed or cancelled and the meals and goods delivered can not be returned or exchanged.
2.3 The visitor can only place an order in one restaurant at a time and once the order is validated and registered, the client can no longer delete or add new articles to this order.
2.4 It is possible to order alcohol via the website www.smood.ch from the partner restaurants.
2.5 In accordance with the Ordinance on foodstuffs and objects of November 23, 2005, alcoholic beverages should not be sold to children or young persons under 18 years of age. As a result, by completing the online order form, if it includes alcoholic beverages, the visitor declares that he is 18 years of age at the date of the order.
2.6 We remind you that alcohol abuse is dangerous for your health. Consume and enjoy it in moderation.
2.7 SMOOD SA shall not be responsible for any erroneous information or false entry by a visitor when registering. For this purpose, the customer agrees to provide reliable information on his delivery details (address, code, intercom, floor, telephone number) so that the delivery can be made in the best conditions.
3. Indications appearing on the site
3.1 SMOOD SA provides all necessary care to ensure that its site reflects as closely as possible the partner restaurants offer.
3.2 However, SMOOD SA makes no warranties as to the accuracy, reliability, completeness or the durability of the information that the partner restaurants transfer and that SMOOD SA transcribes on its site.
3.3 All information and information on www.smood.ch can be changed or deleted at any time without prior notification.
3.4 Information and indications appearing on the www.smood.ch site do not engage the responsibility of SMOOD SA and do not constitute a contractual commitment. The pictures on the www.smood.ch site are not contractual.
3.5 SMOOD SA assumes no liability and makes no warranty in case of interruption or errors in the functions of the site.
4. Exclusion of warranty
4.1 SMOOD SA cannot be held liable (including for negligence) for damages arising directly or indirectly caused by the possibility or the impossibility of accessing elements of www.smood.ch or their use.
4.2 In particular, SMOOD SA cannot be held responsible for damage suffered by the client in connection with orders not delivered, delayed delivery or with less than ideal quality, for any reason whatsoever.
4.3 In particular, SMOOD SA assumes no liability for any delay or non-delivery due to incorrect coordinates or in case of force majeure (traffic jams, strikes etc) or if access to the premises is impossible for the deliveryman (fence, watchdog, etc.). In this respect, the time limit of one hour for the delivery is an indication and cannot be seen as a firm commitment. No cancellation of the order is possible if the delay is reasonable.
4.4 The responsibility of SMOOD SA is limited to the direct and immediate damage and shall not exceed the amount of the price of the order, as far as gross negligence can be attributed to SMOOD SA.
4.5 The responsibility of SMOOD SA is excluded when the damage is caused by acts which cannot be attributed to him.
4.6 When the SMOOD SA partner restaurants liability is excluded or limited by the terms and conditions of such partners, the responsibility of SMOOD SA is also excluded or limited to the same extent.
4.6 Www.smood.ch visitors are fully aware that SMOOD SA has not made audits on the content of websites to which it may send them through its interface.
5. Intellectual property
5.1 Items on the smood site remain the exclusive and entire property of SMOOD SA.
5.2 These elements may not be used by visitors without express permission and are protected by copyright law
6.1 SMOOD SA has at no time access to the Bank data of its visitors which remains secure and confidential through partner online payment modules.
6.2 For these reasons, each new order requires entry of banking data despite the existence, if any, of a prior registration.
6.3 The information entered online by visitors while ordering are necessary for the order processing, delivery of meals and the communication with SMOOD SA and partner restaurants who require necessarily this information, excluding banking data which are secure.
7. Applicable law and for
7.1 Only Swiss law is applicable to any dispute to which SMOOD SA could be part.
7.2 Any litigation will be exclusively brought before the competent court of the Canton of Geneva, subject to appeal at the federal court Swiss.