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General Terms and Conditions of Sale – Smood SA

1. 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 Smood SA's website or mobile application smood.ch or by telephone via Smood SA's after-sales service (hereinafter referred to as "smood.ch") between a customer and Smood SA.

The GTC are an integral part of the contract between Smood SA ("Smood") and the customer who places an order (the "Customer"). By placing an order, the Customer confirms that they have read, understood and accepted the terms and conditions without reservation. The French version prevails over the versions in other languages.

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

2. Account

To place an order, the Customer must create an account (“Account”) on the smood.ch website. The Customer is solely responsible for the accuracy and completeness of the data they provide and must communicate any changes by updating their Account, in particular, their phone number, email and delivery address. The Customer must be at least 18 years old to create a smood.ch Account and order on smood.ch. Any communication by email to the email Account provided by the Customer will be considered as having been received by the Customer.

The Customer is responsible for the use of their Account and the security of his/her password. It is the Customer's responsibility to manage his Account profile and, if necessary, to delete the means of payment indicated in his 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 undue access to his Account, he/she must immediately change his password and inform Smood.

The personal data of Customers is handled in accordance with the Personal Data Protection Policy.

Smood SA reserves the right to delete Customer accounts in case of suspected fraud. No refund of the Customer's virtual wallet will be made. Smood SA will not assume any liability in this regard.

Misuse of vouchers is not permitted. In this case, Smood SA will block and delete the account without assuming responsibility or issuing refunds.

In the event that the Customer's account is deactivated, Smood SA is not responsible for any balance remaining on the wallet.

3. Offer

The offer is intended for natural or legal persons who have their place of residence or registered office in Switzerland. The products are delivered only to addresses in Switzerland and according to the rules applicable to the respective cities. The offer is valid as long as it appears on smood.ch and while stocks last.

The pictures published on smood.ch are purely indicative and are not contractual.

4. Price

All prices are in Swiss francs and include value added tax (VAT).

Only the price displayed on smood.ch at the time of the order is valid.

The price of delivery appears separately in the shopping cart and on the invoice.

5. Order

The display of products on smood.ch is not legally binding. Although Smood strives to provide the most complete and up-to-date information possible, the information on the website or any other communication channel used by Smood (in particular product descriptions, photos, prices, available stocks and delivery times) are for information purposes only. They do not constitute an offer on the part of Smood and can be changed at any time. Only the order confirmation is authoritative.

Smood SA does not sell alcohol or tobacco to anyone under the age of 18. Customers who purchase such products confirm that they are at least 18 years old. In addition, the date of birth must be provided in the Customer's account in order to purchase alcoholic beverages. Customers who have ordered alcoholic beverages must be able to provide identification upon request.

Smood SA considers any order placed on smood.ch as a request to conclude a contract with Smood SA. This is a firm and final offer. Any offer made by the Customer is subject to prior payment of the full price by a payment method accepted by Smood (see art. 11). As the payments are handled by financial intermediaries, Customer banking data is never processed by Smood.

After transmission of the order, Smood confirms the acceptance of the order by e-mail, with the understanding that Smood may at any time refuse an undelivered order without having to justify the refusal. In this case, the Customer is informed immediately and the payments made are refunded. No compensation is due to the Customer.

Taking into account the short delivery time and the perishable nature of the products, confirmed orders may not be modified or cancelled, and the products delivered cannot be returned or exchanged.

The information stored by Smood or by the financial intermediaries constitutes irrefutable proof of the orders and the financial transactions.

6. Payment

Upon conclusion of the contract, the Customer shall pay the amount of the order to Smood.

All payments must be made in Swiss Francs.

The following payment methods are accepted: Mastercard, Visa, PostFinance, Purchase on invoice, PayPal, American Express, Lunch Check, Smood gift vouchers, Diners club, Discover, Twint, cryptocurrency.

Smood SA reserves the right to charge a 10% surcharge if products are prepared after the order has been transmitted to Partners. If once the order has been processed by the Partner the invoice amount does not reach the amount plus 10%, the undue difference will be refunded to the Customer.

MF Group/POWERPAY, as a third party service provider, offers the "against invoice" payment method. Invoice order allows you to easily pay for your online purchase against invoice. If you do not make a payment within the given period of time, you will receive a monthly invoice with an order summary retrospectively in the following month. When the purchase contract is concluded, POWERPAY will take over the generated invoice credit and initiate the corresponding payment method. In case of purchase with invoice, in addition to our GTC, you accept the "https://www.powerpay.ch/it/agb". (powerpay.ch/en/agb).

If a payment failure occurs during an order, which generates an invoice on Smood, the Customer agrees that Smood will directly debit his credit card available on his Account.

7. Delivery

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

All deliveries will be made to the delivery address and in accordance with the instructions provided by the Customer. If the delivery instructions are incomplete (inaccurate details, access impossible, etc.) or if no one is present to receive the order, Smood has the right to discharge its obligation to deliver by depositing the order at the place nearest to the place of delivery indicated, unless the Customer immediately provides useful additional information. The presence of the Customer at the time of delivery is strongly recommended so that the goods can be delivered under optimal conditions.

When the Customer has opted to collect his order from the restaurant or the point of sale, the order is deemed delivered when the Customer collects it from the defined restaurant or the point of sale and provides the collection code relating to the order.

Delivery time

The available delivery times are indicated on smood.ch. There may be a delay between the desired delivery time and the actual delivery time, depending on traffic and outdoor conditions. Delivery times are always provided as an indication and the cancellation of the order by the Customer for this reason is expressly excluded.

Grocery

For groceries, if the Customer has checked the "Substitute Product" field, Smood SA will do its best to provide a substitute product for a more or less equivalent price. A price change downwards is therefore possible. An email will be sent to the Customer after preparation of the order to inform him of the change.

All delivery times are provided for information purposes only and cancellation of the order for delays is explicitly excluded.

Delivery fees

Delivery costs are listed separately from the products in the shopping cart as well as on the invoice.

Respecting the cold chain

Smood SA undertakes to respect the cold chain until the order is delivered to the address indicated.

The Customer undertakes to inspect the order immediately upon receipt.

8. Warranty

The products sold by Smood are guaranteed by the providers, which are solely responsible for their quality. It is Smood SA's partners who provide to Smood SA the origin and allergens indications whose information is available in the "info bubble" on smood.ch. Smood SA's partners are solely responsible for the information they transmit to Smood SA. Smood SA cannot take responsibility for controlling this information. Smood SA does not give any warranty of its own on the products sold, subject to fraud (art. 199 CO). Smood ensures that product details (e. g. nutritional value, dimensions, weight) are as accurate as possible, based on the data provided by the respective partner.

The product descriptions published in the online shop are updated regularly and with the greatest possible care. In exceptional cases, it may happen that these descriptions do not correspond to the information on the product packaging. In this case, the information on the packaging is authoritative.

To the extent permitted by law, any liability on the part of Smood, its organs and its representatives and delegates is excluded.

There is no general right to return on products without defects that were correctly delivered.

9. Grocery

With respect to the grocery store, the following should be noted:

Service

The assessment of the products includes defects in relation to the following aspects: freshness, quality of fruit and vegetables and fresh produce, exceeding the best-before date, damage during transport, incomplete deliveries, manufacturing or packaging defects.

Products whose condition does not meet the Customer's expectations (e. g. taste characteristics), fresh produce, fruit and vegetables whose deterioration is due to late receipt of the goods by the Customer and products ordered in error will not be refunded.

Products

As changes can be made to product information at any time, it is recommended o regularly check the list of ingredients on the packaging and read the allergy information. Before using the product, the Customer should always consult the specific information regarding allergens, intolerance, diabetes, etc. The information on the packaging is authoritative.

The product descriptions published in the online shop are updated regularly and with the greatest possible care. In exceptional cases, it may happen that these descriptions do not correspond to the information on the product packaging. In this case, the information on the packaging is authoritative.

Smood reserves the right to limit the purchase quantities of certain products and to not carry out delivery in the case of exceptionally heavy or large orders. In the case of such an order, a verification will be made with the Customer.

If a product is not available at the time of delivery, it will not be invoiced and will not be delivered later.

For goods sold by weight (fruit, meat, cheese, etc.), the market price per unit of weight applies. The quantity actually delivered and thus the final price appearing on the invoice may differ slightly from the value originally indicated on the order. For fresh pre-packaged and already labelled products, the price valid at the time the goods are made available shall apply.

Frozen food is delivered with the rest of the Smood order at the usual delivery times. Frozen food cannot be delivered separately.

Quantity limit per order and per product

Drinks in units: 24
Milk in multipack: 5
Milk in units: 24
Flour: 40
Cat litter: 8

In addition, the quantity of products ordered must be appropriate for normal household consumption. Otherwise, Smood SA reserves the right to restrict the quantity of products ordered or, if necessary, to increase the delivery costs depending on Smood SA's ability to deliver the requested quantities.

Cumulus

The Cumulus programme is not active on Smood platforms. This means no collecting of Cumulus points, no Cumulus offers and no deals relating to Cumulus in any way.

10. Complaint

If products are delivered with visible damage to the packaging or contents, the Customer must immediately notify the deliverer and refuse delivery. Any complaints (wrong order, missing or non-compliant product, etc.) must reach Smood within 24 hours of delivery, otherwise any potential defects will be deemed having been accepted.

Furthermore, it is the Customer's responsibility to check the ordered products immediately upon receipt and to store them properly (especially refrigerated and frozen products). In case of defects or deviations from the order, the Smood SA Support must be notified immediately within 24 hours of delivery either by telephone on +41 900 009 009 (CHF 0.99/min) or by email at the following address : [email protected]

If the complaint is justified, the Customer will receive a refund of the purchase price for the defective products directly into his Smood wallet. Smood SA reserves the right to demand proof of defect.

11. Virtual Wallet – Refunds, Balance, Credit

If the Customer is entitled to a refund or credit note, in particular as a result of a complaint, regardless of the payment method used, these will be credited to the Customer's account (wallet) and can be used for purchases on smood.ch. Each Customer has a virtual wallet on his account which can be credited according to the following terms:

. Loyalty program: A Customer's loyalty program balance expires after 90 days from the date of purchase.
. Commercial gesture: The amount obtained for commercial gestures expires after 90 days from the date of purchase.
. Refund of undelivered products or orders: The balance of your undelivered product or order credit expires 365 days after the refund is received.
. Gift voucher: The gift vouchers on smood.ch expire 365 days after the date of issue. Only one Smood voucher can be used per order. Misuse of vouchers is not permitted. In this case, Smood SA will block and delete the account without assuming responsibility or issuing refunds.

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

The wallet balance does not earn any interest.

12. Applicable law and place of jurisdiction

Swiss law is applicable to the relationship between the Customer and Smood SA.

The place of jurisdiction for natural persons is either Geneva or the place of residence of the Customer. The exclusive place of jurisdiction for legal entities is Geneva. An appeal to the Federal Court is reserved.

13. Contact

Mailing address: Smood SA, Chemin du Pré-Fleuri 3, 1228 Plan-les-Ouates, Switzerland

AVB updated – June 2021

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

DISCLAIMER: The English version of these GTC is a translation of the French original. In case of discrepancy, the original French General Terms and Conditions of Sale shall prevail.

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