Terms and Conditions — General Terms and Conditions

Last Updated: Jan 2024

Please read this document carefully.

https://www.foodherogroup.ch (hereinafter referred to as the "Website") is an Internet website operated by La Manufacture Gundeli GMBH, Beamer AG (hereinafter referred to as the "Company" and/or "FOOD HERO" and/or "We"), with its registered address in the Commercial Register of Basel Stadt. We are committed to protecting and respecting your privacy, and we place the utmost importance on the confidentiality of all personal data you provide to us.

This Privacy Policy (hereinafter referred to as the "Privacy Policy") describes our practices for the collection and dissemination of information. On the Website, we provide general information about the company and its products, as well as an online shop for the sale of the company's products (collectively, the "Services"). By participating in the Service, you accept the terms set forth in this Privacy Policy.

FOOD HERO's Terms of Use (hereinafter referred to as the "Agreement") include the Privacy Policy and the Website's terms of use (hereinafter referred to as "Terms of Use"), which constitute an essential part of the Agreement. Unless expressly stated otherwise: (1) Any reference to the Services in this Privacy Policy includes a part thereof; (2) the terms defined in the Terms of Use have the same meaning here; and (3) all provisions of this Privacy Policy apply to: 1) subsidiaries or business partners of FOOD HERO, including heirs and assignees; 2) majority shareholders of FOOD HERO; 3) any entity controlled by FOOD HERO; and 4) any unit under joint control with FOOD HERO. The conditions listed below apply to both genders, and any reference in the masculine form is for convenience only. In addition, terms in the singular form also apply to the plural and vice versa.

By using the Services offered on the Website, you agree that we may use your information in accordance with this policy. We recommend taking a few minutes to read and contact us if you have any questions.

Privacy Policy Update

We reserve the right to change this privacy policy at our discretion from time to time. In the event of changes, we will update this privacy policy and publish the latest version (hereinafter the "Amended Privacy Policy") on this page. Please check this regularly to ensure that you stay informed. The amended privacy policy will become effective upon its publication on the Website or at a later date.

Information Collection

We collect personal data in the following ways:

We may collect personal information associated with identifiers such as anonymous user IDs or device IDs. Such identifiers may include, for example, your browser type, the type of device used, access times, features or functions selected when using the Services, and your general geographical location. Generally, we will only analyze these identifiers statistically to avoid errors and improve our performance.

Required Information - To place an order, you must provide us with certain information such as your name, email address, contact information, and, depending on the credit card information. During the ordering process, we may ask for additional and/or other information to improve your user experience, enhance the value and quality of the Services, and analyze the use of the Services. In case you purchase certain services and products offered on the Website, you may need to provide additional information to complete this purchase.

If you register on the Website and/or create an account on the Website, we will also collect personal data from you that can identify you, such as your name, phone number, and email address. Whether you provide us with this type of information is always entirely under your control. To minimize the impact on your privacy, we will never knowingly collect more personal data than strictly necessary to perform the activities described in this policy.

We may combine personal data with non-personal data to improve your user experience, enhance the value and quality of the service, and analyze the use of the service.

In addition to the information collected in the manner described above, you may share additional information about yourself as part of the service. If you wish to do so, you do so at your own discretion and responsibility.

Your personal data will not be disclosed to third parties in connection with the purchase of services on the Website unless you give your prior written consent to such disclosure or we are required to disclose this information in accordance with a court order or legal proceedings, including fraud prevention procedures.

Storing and Protecting Your Personal Data

Your personal data will be stored and processed on our computers or servers in various jurisdictions in accordance with the laws applicable in those jurisdictions, including data protection laws. Therefore, your personal information in these countries may be subject to access requests from governments, courts, or law enforcement authorities in accordance with the laws of these countries. Subject to the applicable laws in these other countries, we will do our best to transmit your information through protected, confidential, and secure channels. By providing us with personal data, you agree that your data may be transferred to and stored in these countries. We will retain and use your data to comply with our own legal obligations, resolve disputes regarding your use of the service, and enforce the terms of this contract.

We place the highest importance on the confidentiality and security of your personal information and restrict access to it to our employees who need to interact with it to fulfill their role and enable the provision of services to you.

Although we do our best to protect your personal data, the transmission of information over the Internet can never be entirely secure, and we cannot guarantee the security of the information you provide us with at your own risk.

Use of Information and Personal Data

We may use personal data in various ways, including contacting you on the Website, via email, or through other correspondence and by third parties. We use personal data for the purposes set forth in this policy and in accordance with applicable law. In general, we use personal data for the following purposes: (1) to provide you with the services and products you have selected or purchased; (2) to provide you with marketing information about the company and the Website; (3) to send you satisfaction, market research, and quality assurance surveys; (4) to send you sales offers from us and our business partners that we believe may be of interest to you; (5) to improve our understanding of our market and enhance the products and services we offer. Sharing Information with Third Parties. We take the privacy of our customers very seriously and do not sell, lease, or deliver personal identification data to third parties except as described in this Privacy Policy. We do not disclose personal data generated as a result of a transaction with other services without your express consent or receive your instruction to do so, unless such disclosure, in our opinion, is necessary to: comply with instructions given in the course of a legal proceeding, including but not limited to subpoenas in civil and criminal proceedings, court order, and/or mandatory disclosure in response to the demand of government agencies, authorities, and/or entities; (2) enforce the terms of this Privacy Policy, the Terms of Use, or any other agreement between us and you; (3) provide customer service-related solutions; (4) report to your legal advisor (if any); or (5) protect the rights, property, or personal safety of FOOD HERO, its customers, or the public. Without departing from the generality of the foregoing and at our sole discretion, we may provide certain non-personal information regarding the use of the service to third parties, including potential advertisers on the site, for various purposes.

Links to Third-Party Websites and Services. The fact that the Service includes links to other websites or services or displays a banner or other form of advertising should not be construed as an endorsement or approval by us of that third party and does not constitute any form of affiliation with that third party. When you click on a link to a third-party website or service, including an advertisement, you leave the Website or the services you are using and are transferred to that third party's website or service. Third-party websites and services may place "cookies" or other devices on your computer or mobile device and collect personal information from you. Different terms apply to other websites and services for the collection and/or disclosure of personal data that you provide. Since we cannot control such third-party activities, we are not responsible for the use of your personal data by these third parties, and we do not guarantee that they adhere to privacy policies and similar security measures. Therefore, we recommend that you read the privacy policies, terms of use, and statements of such third-party websites and services you visit before providing them with personal information.

"Cookies," Advertising, and Internet Communication Standards "Cookies." Cookies are alphanumeric identifiers that we and our service providers may place on your computer, mobile phone, or other device so that we can identify your web browser or device when you return to the Website and/or use the same computer or browser. Cookies allow our systems to recognize your browser, enabling us to track your usage patterns on the Website, improve our service quality, create a personalized user experience on the Website, and provide you with third-party advertising on the Website and elsewhere. Your browser may give you the option to block or delete cookies if you wish. For more information, please refer to the "Help" menu of your browser. Please note that blocking all cookies may have negative effects on the usability of many websites, including our own. Therefore, we recommend allowing the use of cookies when using our websites.

Cookies on our Website may be set by us, by third parties on our behalf, or by independent third parties such as advertisers.

Cookies stored on your computer due to your use of our Website will never be stored for more than 24 months from the date of your last visit. The following table contains the various types of cookies that we (or relevant third parties) may use and includes information you can use to control and learn about cookies

Service Providers

We may disclose your data to third parties who provide services to us, including web maintenance and information verification. These third parties have access to limited information necessary for the provision of their services and not for other purposes.

Accessing or Managing Your Personal Data

You have the right to request a copy of your personal data; to correct, delete, or restrict the processing of your personal data; and to receive the personal information you have provided to us in a structured, machine-readable format. In addition, you may object to the processing of your personal data under certain circumstances (especially if we do not need to process the data to fulfill a contractual or other legal requirement). If we have asked for your consent, you can revoke it at any time. If you revoke your consent to the processing of your data, this will not affect the processing that has already taken place at that time. These rights may be limited, for example, if your request would reveal your personal data about another person, or if you ask us to delete information that is legally required or has compelling legitimate interests. If you have unresolved concerns, you have the right to complain to a data protection authority.

To exercise your rights or if you have questions about our privacy practices or need assistance in exercising or understanding your privacy provisions, please contact our data protection officer at info@foodherogroup.ch

1. Scope

These general terms and conditions of sale (hereinafter referred to as "GTC") apply to all orders and contracts (hereinafter referred to as "Order") placed through the website or mobile application foodhero.shop of La Manufacture Gundeli GMBH or by phone through the customer service of La Manufacture Gundeli GMBH (hereinafter "foodherogroup.ch") between a customer and La Manufacture Gundeli GMBH.

The GTC are an integral part of the contract between La Manufacture Gundeli GMBH ("FOOD HERO") and the customer placing an order (the "Customer"). By placing the order, the customer confirms that they have read, understood, and unreservedly accepted the GTC. The French version takes precedence over versions in other languages.

La Manufacture Gundeli GMBH reserves the right to change the GTC at any time. The version of the GTC published on foodhero.shop at the time of the order applies. In case of discrepancies between the GTC and any special conditions noted on the order confirmation, the latter prevail. The GTC version cannot be unilaterally changed for the respective order.

2. Account

To place an order, the customer must create an account on the website. The customer is solely responsible for the accuracy and completeness of the information provided and must communicate changes by updating their account, especially their phone number, email, and delivery address. The customer must be at least 18 years old to create an account on foodhero.shop and to order from it. Any communication sent to the customer at the email address provided in their account is deemed received by the customer.

The customer is responsible for the use of their account and the security of their password. The customer is liable for any order, including those made without their knowledge through their account. If the customer suspects that a third party has unauthorized access to their account, they must immediately change their password and inform FOOD HERO.

Customer's personal data is processed according to the personal data protection policy.

La Manufacture Gundeli GMBH reserves the right to delete customer accounts in case of suspected fraud. There will be no refund of the customer's virtual wallet. La Manufacture Gundeli GMBH assumes no liability in this regard.

The abusive use of vouchers is not allowed. In case of abuse, La Manufacture Gundeli GMBH will block and delete the account without liability or refunds.

In case of deactivation of a customer account, La Manufacture Gundeli GMBH is not responsible for any remaining balance in the virtual wallet.

3. Offer

The offer is addressed to natural or legal persons who have their residence or registered office in Switzerland. Products are delivered only to addresses in Switzerland and according to the rules applicable to each city. The offer is valid as long as it appears on foodhero.shop and while supplies last.

The images published on foodhero.shop are purely indicative and not contractually binding.

4. Price

All prices are in Swiss Francs, including legal value-added tax (VAT).

Only the price indicated on foodhero.shop at the time of the order is binding.

The delivery price is separately indicated in the shopping cart and on the invoice.

5. Ordering

The representation of products on foodhero.shop is not legally binding. Although FOOD HERO strives to provide as complete and up-to-date information as possible, the information (especially product descriptions, photos, prices, available stocks, and delivery times) on the website or other communication channels used by FOOD HERO is to be understood as a guide only. They do not constitute an offer from FOOD HERO and can be changed at any time. The order confirmation is the sole determining factor.

La Manufacture Gundeli GMBH does not sell alcohol or tobacco to individuals under 18 years of age. Customers purchasing such products confirm that they are at least 18 years old. Additionally, for the purchase of alcoholic beverages, the customer's date of birth must be entered in the customer account. Customers ordering alcoholic beverages must be able to present identification upon request.

La Manufacture Gundeli GMBH considers every order placed on foodhero.shop as a request to enter into a contract with La Manufacture Gundeli GMBH. This is a binding and final offer. Each customer's offer requires the prior payment of the full price through a payment method accepted by FOOD HERO (see Art. 11). As financial intermediaries handle payments, customers' bank details are never processed by FOOD HERO.

After submitting the order, FOOD HERO confirms the acceptance of the order via email. It should be noted that FOOD HERO reserves the right to reject any order that cannot be fulfilled without providing justification. In such cases, the customer will be promptly informed, and any payments made will be refunded. The customer is not entitled to compensation.

Due to the short delivery times and perishable nature of the products, confirmed orders cannot be changed or canceled, and delivered products cannot be returned or exchanged.

Additionally, it is noted that in the case of a refund request in specific exceptional circumstances where the order has not yet been prepared, a fee of 10% of the refunded amount will be charged. This fee is intended to cover the administrative costs incurred by La Manufacture Gundeli GmbH.

The information stored by FOOD HERO or financial intermediaries serves as irrefutable evidence of orders and financial transactions.

6. Formation of the Contract

The contract is concluded upon processing of the order by the partner.

7. Delivery

The customer's delivery address must be within an area of Switzerland where foodhero.shop is active.

All deliveries are made to the address provided by the customer and according to the customer's instructions. If delivery information is incomplete (inaccurate address, no access, etc.) or no person is present to receive the order, FOOD HERO may be released from its delivery obligation and deliver the order to the nearest location to the delivery address, unless the customer provides additional information promptly. The customer's presence at the time of delivery is strongly recommended to ensure the goods are delivered under optimal conditions.

If the customer has chosen to pick up the order at the restaurant or retail location, the order is considered delivered when the customer collects it at the restaurant or retail location by providing the order's pickup code.

Delivery Times

The available delivery times are indicated on foodhero.shop. Depending on traffic conditions and external factors, the desired delivery time and actual delivery time may not align. Any delivery deadlines are provided for purely informative purposes, and order cancellation for this reason is expressly excluded.

Grocery

If the customer has checked the "Replacement product" box when ordering Grocery products, La Manufacture Gundeli GMBH will do its best to offer a replacement product at a more or less equivalent price. A downward price change is therefore possible. Once the order is ready, an email will be sent to the customer to inform them of the change.

Any delivery deadlines are provided for purely informative purposes, and order cancellation for this reason is expressly excluded.

Delivery Costs

Delivery costs are listed separately in the shopping cart and on the invoice.

Maintaining the Cold Chain

La Manufacture Gundeli GMBH undertakes to maintain the cold chain until the order is delivered to the specified address.

The customer agrees to check the order upon receipt of the delivery.

8. Warranty

Products sold by FOOD HERO come with a warranty from the organizations that prepare them and are solely responsible for their quality. The partners of La Manufacture Gundeli GMBH provide La Manufacture Gundeli GMBH with information on the origin, source, and allergens, which can be found in the "Allergens" section on foodherogroup.ch. The partners of La Manufacture Gundeli GMBH are solely responsible for the accuracy of the information they provide to La Manufacture Gundeli GMBH. La Manufacture Gundeli GMBH cannot assume responsibility for verifying this information. FOOD HERO, subject to fraud (Art. 199 OR), does not provide any warranty on the products sold. FOOD HERO ensures that product information (e.g., nutritional value, dimensions, weight) is as accurate as possible, based on the data provided by the respective partner.

Product descriptions published in the online shop are regularly and carefully updated. In exceptional cases, these descriptions may not match the information on the product packaging. In case of a discrepancy between the description and the packaging, the packaging is decisive.

To the extent permitted by law, any liability on the part of FOOD HERO, its officers, and its auxiliaries is excluded.

There is no general right of return for defect-free and correctly delivered products.

9. Grocery

In relation to the Grocery service, the following should be noted:

Service

The evaluation of products includes defects related to the following aspects: freshness, quality of fruits and vegetables, and fresh products, exceeding the expiration date, transport damage, incomplete deliveries, manufacturing, or packaging errors.

Products whose quality does not meet customer expectations (e.g., taste properties), fresh products, fruits and vegetables whose deterioration is due to a delayed receipt of the goods by the customer, and mistakenly ordered products will not be refunded.

Products

As product information can change at any time, it is recommended to regularly check the list of ingredients on the packaging and read the allergy warnings. Before using the product, the customer should always consult specific information about allergens, intolerances, diabetes, etc. The information on the packaging is decisive.

Product descriptions published in the online shop are regularly updated with the utmost care. In exceptional cases, these descriptions may not match the information on the product packaging. In case of a discrepancy between the description and the packaging, the packaging is decisive.

FOOD HERO reserves the right to limit the quantities of certain products and not to execute the delivery for exceptionally heavy or large orders. In such a case, a verification will be conducted with the customer.

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

Frozen food will be delivered with the rest of the FOOD HERO order at the usual delivery times and cannot be delivered separately.

Additionally, the quantity of ordered products must be reasonable for normal household consumption. If the ordered quantity is deemed inappropriate, La Manufacture Gundeli GMBH reserves the right to limit the quantity of ordered products or increase delivery costs, if necessary and if La Manufacture Gundeli GMBH has the necessary capacity to deliver the desired quantities.

Cumulus

The Cumulus program is not active on FOOD HERO platforms. This means no collection of Cumulus points, no Cumulus offers, and no promotions related to Cumulus in any way.

10. Complaints

If products with visible damage to the packaging or content are delivered, the customer must immediately notify the courier and reject the delivery. Any complaints (incorrect order, missing or defective product, etc.) must be made to FOOD HERO within 24 hours of delivery; otherwise, any defects are deemed accepted.

Furthermore, it is the customer's responsibility to check the ordered products immediately upon receipt and store them properly (especially refrigerated and frozen products). In case of defects or deviations from the order, the FOOD HERO service department must be notified immediately within 24 hours of delivery, either by phone at +41 61 556 42 54 or by email at support@foodherogroup.ch.

If the complaint is valid, the customer will be reimbursed the purchase value of the defective products as a voucher or refunded to the bank account. La Manufacture Gundeli GMBH reserves the right to request proof of defects.

11. Payment Methods

All payments must be made in Swiss Francs.

The following payment methods are accepted: Mastercard, Visa, PostFinance, Invoice purchase, PayPal, Lunch Check, Apple Pay, Google Pay, FOOD HERO gift vouchers, Food Hero Cumulus points, Invoice purchase for companies with a contract with Food Hero.

12. Virtual Wallet – Refunds, Credits

If the customer is entitled to a refund or credit, especially due to a complaint, these will be credited to the customer's account (wallet) regardless of the payment method used and can be used for purchases on foodherogroup.ch. Each customer has a virtual wallet on their account, which can be loaded according to the following conditions:

- Loyalty program: The customer's loyalty program balance expires 90 days from the date of purchase. - Commercial gesture: The amount received for this expires 90 days from the date of purchase. - Refund of non-delivered products or order credit: The credit for non-delivered products or order credit expires 365 days after receiving the refund. - Gift voucher: Gift vouchers redeemable on foodherogroup.ch expire 365 days from their issue date. Only one FOOD HERO voucher can be used per order. The abusive use of vouchers is not allowed. In case of abuse, La Manufacture Gundeli GMBH will block and delete the account without liability or refunds.

Payments via Lunch Check, if refunded, will be processed exclusively through the customer's account virtual wallet.

Wallet balances do not accrue interest.

13. Applicable Law and Jurisdiction

In the relationship between the customer and La Manufacture Gundeli GMBH, Swiss law is applicable. The place of jurisdiction for natural persons is either Basel or the customer's place of residence. The exclusive place of jurisdiction for legal entities is Basel. The right to appeal to the Federal Supreme Court is reserved.

14. Contact

Address: La Manufacture Gundeli GMBH, Hochstrasse 56, 4053 Basel, Switzerland