1§ scope; general obligations of the customer, changes to the terms and conditions
(1) These general terms and conditions (hereinafter also "GTC") of https://allcook.kitchen/ website is operated by allcook.live, registered in the Swiss register of commerce with UID CHE-429.883.558, as Allcook SA, Avenue de Rumine 13, CH-1005, Lausanne. (hereinafter also "we" or "Allcook.kitchen").
"Customer" or "you" refers to any person who ordered allcook.kitchen meals.
(2) Deviating, conflicting or supplementary general terms and conditions of the customer are not part of the contract.
(3) All information that you provide in the ordering process must be up-to-date and truthful. You must not pass your password on to third parties; you must keep it safe and inaccessible to unauthorized persons and immediately notify us in text form if lost or passed on. For misuse, e.g. for any unauthorized orders from third parties with your password and the resulting claims, you are liable in accordance with the law.
(4) Registration with Allcook.kitchen via Facebook and Gmail is only permitted if you use your correct first and last name on Facebook and Gmail, as well as complete and accurate contact details for the purpose of placing the order, or if you inform Allcook.kitchen in writing immediately after completing the registration.
(5) We reserve the right to change these terms and conditions with effect for the future using the following procedure: We will notify you of the planned changes beforehand and inform you of your right to object. The changes are considered accepted if you do not object within 30 days of being notified of the change. If you object to the change, we reserve the right to terminate the offer with an indefinite term or number of deliveries.
(6) Preparation of products. Allcook.kitchen cooks and markets meals preparations.
(7) Complaints. Allcook.kitchen will consider complaints about cooked meals and try to respond to them as best as possible. However, due to the perishable nature of our products, any request about them must be made to us within a maximum of forty-eight (48) hours after their delivery, by sending an email to email@example.com or filling in the contact form on our website.
(8) Returning boxes. We encourage customers without obligation to return to us cardboard boxes with gel ice blocks they received their order with; The box shpuld be filled in with iceblocks from 4 orders and sent back to allcook.kitchen address: Avenue de Rumine 13, CH-1005, Lausanne. Allcook.kitchen will provide a paid by us Swiss Post delivery sticker for every 4 boxes. If a customer wishes to send back boxes more often, the customer should pay for the back delivery him/herself. Alternatively, a customer may choose to recycle cardboard boxes with other carton waste of the household.
2§ conclusion of contract; non-binding information, delivery quantities and restrictions
(1) All information on our goods and prices prior to the conclusion of the contract are subject to change and non-binding. The product images do not always have to match the appearance of the delivered products. In particular, changes in the appearance and equipment of articles can occur after the manufacturers renew their product range. Claims for defects do not exist in this regard insofar as the changes are reasonable for you and do not deviate from a quality agreement. Unless expressly agreed otherwise, there is no entitlement to delivery of certain items in your Allcook.kitchen meals box.
(2) A valid contract between Allcook.kitchen and the customer is concluded as follows
The customer can submit a binding order by completely and truthfully filling out and confirming the order form on Allcook.kitchen website. Allcook.kitchen can accept this order either by sending a binding declaration of acceptance or by sending the ordered goods. Up to this point in time, Allcook.kitchen can refuse acceptance at any time without giving reasons. A claim for delivery of the ordered goods or the ordered voucher arises only with the acceptance of the order by Allcook.kitchen after online payment by the customer.
Full price order. When a customer submits and pays the 1st order, the valid contract (here and after "subscription contract") is concluded between the customer and Allcook.kitchen. Allcook.kitchen will supply meals to the customer weekly. Allcook.kitchen has a weekly changing menu to suggest to the customers a varied nutrition. Every week, Allcook.kitchen suggests a default food choice to the customer according to the paid last order submission defined as follows (number of meals servings, number of servings of additional products (add-ons), dietary preferences, the delivery day of the week, full price (not discounted)). The customer can edit, pose the order or several orders, terminate the subscription according to the terms described in the 3d paragraph of current GTC.
Free order or discounted price order. If a customer has a voucher for free order(s) or discounted price order(s), the subscription contract becomes valid after the customer fills truthfully and completely the order form on the allcook.kitchen website and the 1st order is accepted by allcook.kitchen. In this case, the weekly value of the subscription contract is the full (not discounted) price of the 1st order, which will be charged to the customer for the subsequent weeks of subscription after the right for free or discounted orders expires and/or is used.
(3) The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog.
(4) Our offer is aimed at end consumers with home or work addresses in Switzerland, and the goods or vouchers ordered are not intended for resale. Therefore, only orders in normal household quantities will be accepted.
(5) We save the text of the contract and send you the order data by email. You can view the terms and conditions at any time at www.allcook.kitchen.
(6) Allcook.kitchen does not offer any products for sale by minors. If you are under 18 years of age, the participation of your legal guardian is required.
3§ Subscription contract period, editing, pausing, termination, automatic extension
(1) In principle, the subscription contracts concluded with us are deemed to be concluded for an indefinite period. Exceptionally, in separately identified cases, for example, in the case of our test boxes, there may be contractual relationships with a fixed term or a fixed number of agreed deliveries.
(2) In the case of contractual relationships with a fixed term or a fixed number of agreed deliveries, the contract ends when the term expires or when the agreed deliveries are sent. A separate termination is not required in these cases. Furthermore, the contractual relationship is not automatically extended in these cases.
(3) Editing, upgrading, downgrading, pausing and activating the concrete weekly order. For the customer with a valid subscription contract, allcook.kitchen creates default weekly orders based on the 1st order. A customer has visibility for 4 subsequent orders after the last paid and confirmed order. The customer can edit, upgrade, downgrade, put on pause and activate one or all visible orders by logging in his/her personal account on the allcook.kitchen website and performing desired changes.
Changes are considered to be validated and taken in to action by Allcook.kitchen when the customer performs the following actions after logging in in his/her personal account
(4) Pausing the customer account for an indefinite period. The customer with a valid subscription contract can pause the subscription for an indefinite period by logging in to his/her account on the allcook.kitchen website and performing desired changes. The customer also can activate his account back. Changes are considered to be validated and taken in to the action by Allcook.kitchen when the customer performs the following actions after logging in to his/her account
(5) Complete deleting of the customer account from the allcook.kitchen website. Customer has a right to delete his/her account from the Allcook.kitchen website. To perform that action, the customer should send the email with this request to firstname.lastname@example.org, or fill in and submit the contact form on the Allcook.kitchen website. Allcook.kitchen will perform that action in accordance with the law about personal data and after all binding obligations defined by the subscription contract are fulfilled by both parties.
(6) Each weekly order has a defined customer delivery day during the week. All actions described in paragraph 3 points (3), (4), (5). Should be performed
Before a cut-off moment during the week.
The cut-off moment for orders
- scheduled for delivery on Tuesday is Wednesday, 23:59 CET of the previous week
- scheduled for delivery on Wednesday is Thursday, 23:59 CET of the previouse week
- scheduled for delivery on Thursday is Saturday, 23:59 CET of the previous week
Any deviations from this regulation will be communicated by Allcook.kitchen in individual cases. The time at which the notice of termination is received is decisive. Late cancellations only take effect on the following delivery date.
(7) Cancellation before receipt of the first order delivery is not possible.
(8) Payment of the following orders. Allcook.kitchen will charge the customer credit card/bank account every cut-off moment automatically unless the customer performs any of the actions described in paragraph 3 points (3), (4), (5).
(9) It is possible that the customer card is charged by mistake, and in this case, the customer should contact email@example.com and inform us about that incident. All payments for undelivered orders will be reimbursed.
4§ delivery, delivery requirements, retention of title; Transfer of risk; Delivery interruption
(1) We only deliver in Switzerland to addresses with delivery service in the delivery areas specified on the website. If the purchase contract relates to a voucher, delivery will be made by email.
(2) We deliver to the address that you have given as the delivery address in your customer area on our website or, in consultation with an Allcook.kitchen employee, on an official Allcook.kitchen order form. A change of address is only possible within Switzerland. For the earliest possible point in time at which address changes can be taken into account, Point 4 of the 3d paragraph of these General Terms and Conditions shall apply accordingly.
(3) Each weekly order has a defined customer delivery day during the week. You undertake to ensure that personal handover of the goods is possible at the delivery address you have given on the delivery day you have specified. You can manage the exact time of delivery within that day by clicking on the link provided by the SwissPost and performing necessary actions on the SwissPost website. If the handover is not possible, you will be in default of acceptance.
(4) If you give us a parking permit, the contract can also be fulfilled by parking the goods at the location specified by you in the area of the delivery address, which is accessible to the delivering driver. Alternatively, the fulfilment can take place by provision for collection in the Swiss Post office. You must collect the goods provided on the day of the delivery attempt in accordance with point (3), Paragraph 4. Thereafter, the goods are deemed not to have been delivered within the meaning of paragraph 6.
(5) If a default in acceptance according to point (3) of paragraph 4 leads to non-delivery, you bear all costs associated with the non-delivery. A second delivery is excluded due to the perishable nature of the products.
(6) If the goods have not yet been paid for at the time of delivery in accordance with paragraphs 3 to 5, we reserve ownership until the purchase price has been paid in full.
(7) You can suspend a delivery at any time. Point 6 (paragraph 3) of these terms and conditions applies accordingly.
(8) Allcook.kitchen systematically instructs the Post Office to leave the package in front of the door or near the mailbox if the recipient is absent. Allcook.kitchen declines all responsibility in the event of theft or damage in the absence of the customer during the delivery of the package, which the customer expressly recognizes by accepting the general conditions.
(9) Allcook.kitchen draws the customer's attention to the perishable nature of its cooked preparations. The customer must place ready meals in a refrigerator at 2-4˚C at the latest on the day of delivery at 11 p.m. (Swiss time), keep them in the refrigerator until serving. If the customer has to move his/her order to another destination before consumption, he will have to make sure that the cold chain is respected. The "Consume before" date appears on the label of each meal and guaranteed only if products are put in the refrigerator within the delivery day and kept in a refrigerator at 2-4˚C . If these instructions are not followed by the customer, Allcook.kitchen does not guarantee the safety and freshness of products and can not be held accountable for any health-related or other problems arising when these products are consumed or not consumed. Allcook.kitchen strongly recommends disposing of products if the cold chain is not respected.
(10) If, for reasons beyond the control of Allcook.kitchen (for example: wrong delivery address, absence of the recipient, prohibited access, circulation made difficult by bad weather or road traffic, failure of the Swiss Post to fulfil its obligations, etc.), delivery is made impossible or almost impossible, Allcook.kitchen is entitled to cancel the order. Any claim by the customer to any compensation in kind or in damages is, in this case, entirely excluded.
It is the statutory warranty.
6§ Prices and shipping costs; Due date; Payment; On Bill; Retention; Dunning, additional fees
(1) Prices include VAT and, unless otherwise agreed, including shipping costs within Switzerland.
(2) Allcook.kitchen claims are due immediately. If the customer is in default, Allcook.kitchen can charge the customer a reminder fee for the additional effort and default interest.
(3) The customer waives the right to offset claims against Allcook.kitchen. You are only authorized to exercise a right of retention if your counterclaim is based on the same contractual relationship.
(4) You are only entitled to offset if your counterclaims have been legally established or are ready for a decision, or are undisputed by us. You are only authorized to exercise a right of retention if your counterclaim is based on the same contractual relationship.
(5) When concluding a contract, the account or credit card will be charged immediately for the first delivery.
With regard to further deliveries, the specified account or credit card will be continuously debited during the term of the contract, whereby the debit takes place within a time window that begins 7 days before delivery and ends 7 days after delivery. Due to discounts and special promotions, there may be changing debit amounts during the subscription period (contract term). You must ensure that the specified account or credit card has sufficient funds during the contract period so that the direct debit can be collected or payment can be made with the credit card.
(6) When concluding a contract, the account or credit card will be debited immediately for the first delivery. With regard to further deliveries, the account or credit card will be continuously debited during the term of the contract, with the debiting occurring within a time window that begins 7 days before delivery and ends 7 days after delivery. Due to discounts and special promotions, there may be changing amounts debited during the subscription period (contract term).
7§ Vouchers & Credit
(1) The conditions for redeeming vouchers depend on the respective promotions. In the event of contradictions between the redemption conditions described in the context of the respective promotions and these terms and conditions, the former shall take precedence.
(2) Your order will not be fulfilled if you initiate your first order with a free box voucher and cancel it before the first relevant weekly order deadline (see Point 6 ( paragraph 3) of these terms and conditions).
(3) Unless expressly deviating redemption conditions have been specified, the following conditions apply to the redemption of vouchers: 1. Vouchers cannot be combined with other discount campaigns or other credits; 2. Vouchers may only be redeemed by new customers; 3. Subsequent crediting of vouchers is not possible; 4. Vouchers may not be redeemed by people who live in the same household with a customer or a former customer.
(4) Credits from "Refer a Friend" campaigns are automatically offset against the purchase price of the next delivery. If the collected credits exceed the purchase price of the next delivery, the offsetting takes place with the following deliveries until the credits are exhausted.
(5) The amount of the credit for the advertiser (the current customer who invites a new customer) is based on the current offer of the "customer-recruit-customer" campaign at the time of the order by the referred customer. The credit expires after two years. The period begins at the end of the year in which the credit was acquired. Payment of the credit in cash or a transfer of the credit to third parties is excluded without the express consent of Allcook.kitchen.
(6) Customers are entitled to publish their personal voucher code exclusively on their private website or blog, private Facebook, Instagram profile. The voucher code is automatically deactivated after 5 redemptions. Publication of the voucher code on commercial websites or third-party sites such as voucher sites, deal blogs or forums is not permitted. The same applies to a request published on the aforementioned websites to contact the advertiser for the purpose of communicating the personal voucher code. If the voucher code is published or passed on in violation of this paragraph 6, the voucher code will be deleted. Likewise, all credits of the advertiser existing at this point in time lose their validity.
8§ Allcook. kitchen's liability, obligations of the customer
(1) Allcook.kitchen is liable for demonstrably caused direct damage with the exception of cases of slight and moderate negligence. Within the scope of the legal admissibility, the claim for damages is limited to the foreseeable contract-typical damage, in any case a maximum of CHF 5,000.
(2) The liability for indirect damage or consequential damage ( e.g. loss of profit) is in any case - as far as legally permissible - excluded.
(3) The restrictions and exclusions do not apply to physical injuries which Allcook.kitchen inflicted directly and demonstrably through fault, as well as in the case of mandatory legal regulations, including the Product Liability Act.
(4) Any liability is excluded for damage caused by auxiliary persons (vicarious agents). There is no personal liability, neither of organs, directors, employees, nor auxiliary persons.
(5) The customer is obliged to carefully read and observe the product, consumption and warning instructions for the products supplied before use.
9§ data protection
For data protection, please note our data protection information.
10§ Applicable law, no ancillary agreements, regulation for ineffective or unenforceable regulations and loopholes
(1) Substantive Swiss law applies exclusively to the contractual relationships between the parties.
(2) The ordinary courts in Switzerland are responsible for all disputes, subject to the legal remedies provided for by law, have exclusive jurisdiction.
(3) Severability clause
If a regulation of the concluded contract is or becomes ineffective or impracticable, the rest of the contract remains effective. In place of the ineffective or unenforceable regulation, the statutory regulation or, in the absence of a statutory regulation, the effective and feasible regulation that the parties would have reasonably agreed upon had they been aware of the ineffectiveness or impracticability. The same applies in the event of a loophole.
(4) Terms and conditions exist in French and English languages. In case of discrepancy English language version prevails over the French-language version.
Allcook SA - UID CHE-429.883.558
Avenue de Rumine 13, CH-1005, Lausanne
Phone +41 21 311 93 44
Allcook.kitchen GTS status: July 2021