1. Scope

The general conditions of sales (hereinafter referred to as “GTC”) apply to all orders placed and contracts entered into (hereinafter referred to as “order”) via the online store of 86Avenue Sàrl (ci -after designated by “86Avenue”).

86Avenue reserves the right to modify the GTC. The version of the GTC valid at the time of the order applies. It cannot be changed unilaterally for the order in question.

2. Offer

The offer is aimed at natural or legal persons who have their domicile or their headquarters in Switzerland or Liechtenstein. The products are only delivered to addresses located in Switzerland or Liechtenstein, as well as for addresses located across borders as far as the law allows. The offer for natural or legal persons who have their domicile or their headquarters outside the area indicated above, is determined on a case-by-case basis, in particular to comply with the various laws governing these areas.

The offer is valid as long as it appears in the online store, while stocks last. Price and assortment changes are possible at any time. The images presented in advertisements, flyers, online store, etc., as well as all of the information concerning the products (list of ingredients, nutritional values, Food Facts, indications relating to allergens, etc.) serve as illustration for information only and are not contractual. The specific indications on the product packaging are decisive.

3. Price

The prices are in Swiss francs, value added tax (VAT) included, and, if applicable, advance recycling tax (ARF) included.

The price indicated in the online store at the time of the order prevails.

Additional paid services such as delivery, cool bags, insulated boxes, gift packages, etc., appear separately in the basket and on the invoice.

4. Order

The display of products in the online store is not legally binding. This is an online catalog presented for information, to invite customers to order the product through this. 86Avenue reserves the right to restrict the delivery quantities for certain products and not to make the delivery if the order is particularly heavy or bulky.

The sale of tobacco and alcohol is prohibited by law to persons under the age of 18 in Switzerland and Liechtenstein. Customers who purchase such products certify that they are over 18 years of age. In the case of a first order including tobacco or alcohol, payment can be made only by credit card.

An order in this context is considered as a request for conclusion of a contract with 86Avenue.

A minimum amount applies to each order. The minimum amounts communicated in the online store and in the directive on delivery costs apply. During the first order, the total amount of the basket must not exceed CHF 2000.00 (payment by credit card) or CHF 500.00 (payment by bank transfer).

After transmission of the order, the customer automatically receives an acknowledgment of receipt, which confirms that the order has reached 86Avenue. The customer can no longer complete or cancel their order once it has been processed in one of our logistics centers. If an order is completed, the original order serves as the basis for calculation, however any special offers and discounts valid at the time of addition are taken into account.

86Avenue online can, without justification, refuse all or part of the order. In this case, the customer is informed and any payments already made are refunded. All other claims are excluded, in particular products that are not available are not delivered later. Products temporarily unavailable cannot be reserved.

5. Conclusion of the contract

The contract is concluded after processing the order in the 86Avenue logistics center. As soon as the order is ready to be dispatched from the logistics center, the customer receives an order confirmation by e-mail.

6. Deposits on cool bags and insulated boxes

The cool bags and the insulated boxes are the property of 86Avenue. No tax is recorded for withdrawal orders from stores.

Freshness bags

The delivery person collects the freshness bag(s) after delivery or during a next delivery. The freshness bags must be returned to 86Avenue at the latest 60 days after delivery. Beyond this period, 86Avenue waives the return of the cool bags which become the property of the customer. In this case, a tax of CHF 5.00 is charged for each order (and not for each cool bag!). This tax is either recorded during the next order or, if the customer does not place a new order within the following 60 days, invoiced separately and payable within 30 days from the date of invoicing.

Isothermal boxes

The deposit of CHF 20.00 for insulated boxes per order (and not per freezer box) is shown in the basket as an additional position. The delivery person collects the insulated box (es) after delivery or during a next delivery. If the customer is absent at the time of delivery or if he keeps the insulated box(es), a deposit up to CHF 20.00 is taken for this order. The insulated boxes must be returned to 86Avenue at the latest one year after delivery. Beyond this period, 86Avenue waives the return of the insulated boxes which become the property of the customer. We do not reimburse the deposit in the event of late return.

The insulated boxes contain dry ice as a freezer. Dry ice is carbon dioxide at -78 ° C. At room temperature, carbon dioxide goes completely from the solid state to the gaseous state. For security reasons, it is packed in a carton. This box must never be opened. Direct contact with the skin should be avoided. The insulated box must be kept in a ventilated place until the dry ice has completely evaporated. Dry ice should never be stored in airtight packaging. 86 Avenue declines all responsibility in the event of an accident and/or injury caused by handling dry ice.

The delivery person collects the insulated box(es) after delivery or during the next delivery. As soon as 86Avenue is again in possession of all the insulated boxes for a given order, the corresponding deposit is credited to the customer’s account.

7. Delivery

The customer’s delivery address must be in Switzerland or the Principality of Liechtenstein. The offer for natural or legal persons who have their domicile or their headquarters outside the area indicated above, is determined on a case-by-case basis, in particular to comply with the various laws governing these areas.

Delivery time

Overview

The time ranges available for delivery can be viewed in the online store and can be selected by the customer for a given order. It is not possible to set a specific delivery hour within the delivery time range. Delays in time or blocking of a given delivery date are possible, especially on peak days with an exceptionally high delivery volume, however any claim for compensation, damage, or any other claim by the customer is excluded.

No deliveries are made on Sundays or official national and cantonal holidays.

If the customer is not on site at the time of delivery and if he has not given specific instructions for delivery, the goods are delivered according to the procedures of the chosen carrier.

The customer assumes responsibility for the products delivered, even if he himself did not receive them. For the delivery of frozen products, the presence of the customer is recommended.

Delivery to a collection point

It is possible to request delivery of orders in store.

If the customer has ordered tobacco or a tobacco substitute, he must, upon request, present an identity document. Orders including tobacco can only be picked up by people over the age of 18.

After delivery of the order to the withdrawal point, the customer receives a withdrawal notice by e-mail with withdrawal slip. The withdrawal slip serves as a means of legitimation and must imperatively be printed for the withdrawal or presented on the mobile phone. The code on the withdrawal slip can also be presented separately. No additional identification will be made. Without this withdrawal slip, the order cannot be delivered to the customer. The withdrawal slip is validated electronically at the withdrawal point, an operation considered as a withdrawal certificate. The customer is invited to confirm the withdrawal of the goods by his signature. All liability is expressly disclaimed for damages suffered by the customer in the event of loss, theft, abuse, etc., in connection with the withdrawal process or the withdrawal slip.

The products ordered must be withdrawn on the date chosen when ordering and during withdrawal times. If the customer does not withdraw the order on the chosen date or if he arrives outside the withdrawal hours, fresh and frozen products can no longer be delivered to the customer by the withdrawal point because the cold chain has been interrupted. The dry products and non-perishable products of the order can be withdrawn until 10.00 a.m. at the latest the next working day at the point of withdrawal. Any order which is not withdrawn within these periods cannot be kept or reimbursed. The customer is solely responsible for orders withdrawn late, all warranty rights for defects are excluded.

Shipping cost

The delivery costs depend on the value of the products ordered (minimum amount excluding delivery costs, deposit and credit note). The delivery costs communicated in the online store and in the delivery costs directive apply. The delivery costs appear in the basket and on the invoice as an additional position.

Ccold chain compliance

86Avenue undertakes to respect the cold chain until delivery of the order to the address indicated. As soon as the delivery or withdrawal from the store is made, the customer assumes full responsibility for respecting the cold chain.

8. Warranty

86Avenue guarantees the quality and shelf life of products under the following conditions:

• Unrefrigerated food and groceries should be stored in a cool, dry place.
• Refrigerated food must be unpacked immediately after receipt and stored at a temperature of max. 2-5° Celsius.
• Frozen products must be treated appropriately and stored at -18 ° Celsius without interrupting the cold chain.

Insofar as compliance with these storage conditions is certified by the customer, 86Avenue assumes the guarantee of exemption from defects in the products ordered until the expiration of the conservation date, however at most 2 years from the date of delivery. For products without a conservation date, the legal period of 2 years from the date of delivery applies. The money back guarantee available on the corresponding page prevails.

86Avenue can offer a guarantee of your choice with a partial or complete replacement by an equivalent product, with a credit for a maximum amount corresponding to the sale price at the time of the order, or by granting a reduction.

There is no general right of return on products without defects and correctly delivered. The warranty is expressly excluded for products whose intrinsic quality (eg in terms of taste) does not meet customer requirements, for fresh products and other items that have decayed due to improper processing or interruption of the cold chain, or for products ordered inadvertently.

9. Claim

If products are delivered with visible damage to the packaging or content, the customer must immediately notify the delivery person and refuse receipt notwithstanding their rights under the warranty for defects. The customer must imperatively be given a delivery confirmation notice by the delivery person. In addition, all transport-related damage must be reported immediately to 86Avenue.

Furthermore, it is the customer’s responsibility to immediately check the products ordered upon receipt and to store them correctly (in particular refrigerated and frozen products). In the event of faults or divergences from the order, it is advisable to notify 86Avenue customer service on the same day of delivery either by telephone on +41 78 710 64 03 or by e-mail at sales@86avenue.ch. Subsequently, only hidden defects can still be the subject of a complaint and must be immediately communicated after their discovery to customer service at sales@86avenue.ch. The amount paid by the customer for the defective goods is credited to the customer account. 86avenue reserves the right to demand proof of the defect.

10. Payment options

Payments must be made in Swiss francs. In some cases, the Euro can be used.

Electronic means of payment

The accepted means of payment are credit cards (Visa, Mastercard) and debit cards (Postcard). In the event of payment by credit or debit card, direct debit takes place after validation of the order.

Purchase by invoice

Before delivery of the order, 86Avenue can carry out a credit check knowing that the prior delivery of 86Avenue implies a risk of failure. 86Avenue can refuse the “Purchase by invoice” payment method without having to indicate the reasons. To purchase by invoice, the customer must have her domicile or headquarters in Switzerland or Liechtenstein.

In case of purchase on invoice with payment slip by post or bank transfer, invoices with all payment slips are sent to the customer at the time of purchase. These invoices are payable within 10 calendar days without discount. In case of payment with online payment slip, the online invoice appears in the customer account within 2 working days after delivery of the order. It is payable without discount within 10 calendar days.

If the customer is late in full or in part, all unpaid amounts in whatever form are due immediately and 86Avenue may demand payment without delay. In the event of late payment, 86Avenue is not under an obligation to accept new orders or make pending deliveries.

In the event of late payment, 86Avenue reserves the right to charge recall costs and default interest. All costs related to obtaining payment of overdue receivables are the responsibility of the customer. In the event of unsuccessful summons, the amounts invoiced may be transferred to a collection company. The collection company will assert the unpaid amounts in its own name and for its own account. It may collect additional application fees and default interest from the due date.

Refunds, credit note, credit

If the customer is entitled to refunds or credits, they will be credited to the customer account and usable for purchases at 86Avenue.

86Avenue vouchers cannot be sold or auctioned under any circumstances. Only one voucher can be used per order.

11. Applicable law and place of jurisdiction

Swiss substantive law applies to the legal relationship between 86Avenue and the client, excluding the provisions on legal disputes and the Vienna Convention.

The place of jurisdiction for natural and legal persons is Lausanne.

14. Contact and customer service

Do you have a question? Check out our FAQs! You will find the most frequent questions and answers there.

For any questions, please contact 86Avenue customer service by phone on +41 21 312 42 61 or by email at sales@86avenue.ch.

86Avenue Sàrl

IDE: CHE-157.100.645