General Terms and Conditions of Sale of Smood SA
These general terms and conditions of sale ("GTCS") are an integral part of the contract between Smood SA ("Smood") and the customer who places an order ("Customer"). By placing an order, the Customer confirms that they have read, understood and accepted the terms and conditions without reservation.
Smood may amend the GTCS at any time. The version of the GTCS published on the site at the time of the order shall prevail. In the event of differences between the GTCS and any special conditions mentioned in the order confirmation, the latter shall prevail.
To place an order, the Customer must create an account on the site. 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, e-mail and delivery address. Any communication by e-mail to the Customer at the address indicated in their account will be considered as having been received by the Customer.
The Customer is responsible for the use of their account and the security of their password. The Customer is responsible for any order placed, even without their knowledge, using their account. If the Customer suspects that a third party has unduly accessed their account, they must immediately change their password and inform Smood.
The personal data of customers is handled in accordance with the data protection policy.
2. Firm order and payment
By placing an order using the means accepted by Smood, the Customer is making a firm and final offer to buy the selected products under the specified conditions.
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.
Any offer by the Customer is subject to prior payment of the full price by a means accepted by Smood. As the payments are handled by financial intermediaries, customer banking data is never processed by Smood.
Smood confirms the acceptance of the e-mail order with the clarification that it may refuse an order without having to justify this.
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 data recorded by Smood, respectively by financial intermediaries, constitutes irrefutable proof of orders, or of financial transactions.
3. Delivery and inspection of the order
All deliveries will be made to the 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 will be able 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. Possible delays in delivery are always stated for information purposes only and cancellation of the order for this reason is expressly excluded.
Alcoholic beverages may not be delivered to people under 18 years. If the order contains alcoholic beverages, the Customer shall ensure that it is received by an adult.
The Customer undertakes to inspect the order immediately upon receipt. 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 to have been accepted.
Smood may at any time cancel an order that has not been delivered, without having to specify the reasons and without compensation, provided it notifies the Customer immediately.
4. Warranty and liability
The products sold by Smood are guaranteed by the establishments that prepare them, which are solely responsible for their quality. Smood itself does not issue any guarantees for the products sold, subject to fraud (Art. 199 CO, Swiss Code of Obligation).
Within the limits of imperative law, any liability of Smood, its representatives and delegates is excluded.
5. Additional clauses related to the "Grocery" service
Concerning the terms of service of the grocery delivery part of Smood, please refers to the french version.
6. Applicable law and place of jurisdiction
Only Swiss law is applicable to any dispute to which Smood could be a party.
Any dispute will be exclusively brought before the competent court of the Canton of Geneva, subject to the channels for recourse in the Swiss Federal Court.
Mailing address: Smood SA, 25 rue de la Navigation, 1201 Geneva, Switzerland
Conditions updated on 20.07.2018
All rights on these terms and conditions belong to their author. Any reproduction, without prior license, is strictly prohibited.