General subscription conditions.
Effective July 1, 2020
Welcome to our website https://powermeals.ch and to our electronic applications (hereinafter: platforms). The following general conditions apply to all products sold on the platforms by PowerMeals SA, a company having its registered office at Rue de Rive 4, 1204 Geneva, Switzerland (hereinafter: PowerMeals). By subscribing to our services on the platforms, and by placing an order, you agree to be bound without reservation by these general subscription conditions (hereinafter: general conditions).
PowerMeals reserves the right to modify the general conditions. The version of the general conditions in force at the time of the conclusion of the subscription contract and / or the order applies. If certain parts of the general conditions prove, for one reason or another, inapplicable or invalid, the validity of the other provisions is not affected.
In the event of inaccuracies and / or contradictions between the German, French and / or English versions of these conditions of sale, only the French version prevails.
Thank you for reading these conditions carefully before using our platforms.
1. Concept
PowerMeals offers an innovative and flexible subscription formula allowing customers to have fresh meals prepared in Switzerland only at home or at work. By subscribing to PowerMeals services, the client has access to several personalized meal programs, developed from varied and seasonal products according to the nutritional approach pursued by the client.
2. Conclusion of the subscription contract and order
2.1 Subscription agreement
To order, the customer must be subscribed to the services offered by PowerMeals on its platforms.
The subscription is reserved for people with the capacity to perform legal acts.
Subscription is free. When concluding the subscription contract, the customer personalizes the meal program according to his preferences: he defines the food variant, the number of meals he wishes to receive per week, food exclusions and sets a first delivery date. The customer enters his personal data and payment information before confirming the payment of the first order. Upon confirmation of payment of the first order, the customer is subscribed. He therefore receives every seven (7) days from the first delivery a box containing the meals prepared in accordance with the personalized program determined by the client. Payment for subsequent orders is automatically withdrawn seven (7) days before the corresponding delivery.
The personal data necessary for the registration of the customer must be complete and in accordance with the truth. The customer undertakes to keep his data up to date.
Promotional offers, information, order confirmations sent by PowerMeals to customers are sent to the email address indicated by the customer when the subscription contract is concluded.
2.2 Order
Before placing an order, the customer must verify and correct the information and contact details entered. The customer is not entitled to any refund for products ordered in error and / or sent to the wrong address. By confirming his first order, the customer places a firm order for products offered by PowerMeals renewed from seven (7) days to seven (7) days. Unless modified, suspended or terminated, the order is automatically validated seven (7) days at 11 p.m. CET before the next delivery date.
PowerMeals confirms to the customer the receipt of their order by email immediately after the payment confirmation.
3. Modification, suspension and termination of the subscription
The subscription can be modified, suspended or terminated at any time without notice and free of charge by the customer, from his online customer account. The subscription can also be suspended or terminated at any time by PowerMeals, without justification, notice or compensation for the customer. Changes, suspensions and cancellations do not apply to validated orders, with the exception of changes to the delivery address which can be made up to two working days before delivery. Certain changes in the choice of meal programs may result in a price change.
4. PowerMeals services
4.1 Preparation of products
PowerMeals prepares and markets ready meals prepared with fresh ingredients, 100% natural and containing no additives. The recipes developed by PowerMeals mainly favor local and seasonal products. The cooking methods used are chosen with respect for health and the environment. The images of the products presented on the site do not fall under a contractual obligation. These are presentation suggestions. PowerMeals cannot be held responsible for any discrepancy between these images and the actual appearance of the products.
4.2 Sending products
The dishes ordered by the customer are packaged in individual sealed trays and sent cold by PowerMeals SA in an insulated box which guarantees the cold chain for 48 hours after packaging.
PowerMeals dispatches shipments by Swiss Post. Pick-up takes place in the PowerMeals kitchens at 5 p.m. the day before delivery.
4.3 Deliveries
PowerMeals systematically instructs the Post Office to leave the package in front of the door or near the mailbox if the recipient is absent. PowerMeals 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.
4.4 Perishable products
PowerMeals draws the customer’s attention to the perishable nature of its cooked meals.
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), the sooner the better, and keep them there. If the customer has to move his dishes before consumption, he will have to make sure that the cold chain is respected. The expiration date appears on the label of each dish, and the customer must comply with it.
If these instructions are not followed, serious problems may arise, and PowerMeals cannot be held responsible for them.
4.5 Complaints
PowerMeals makes every effort to deliver in sufficient quantities and in impeccable quality all the products ordered. In certain cases, however, it may happen that, for different reasons, a product is no longer available in the required quantities or that it cannot be delivered within the requested period. If a product is not available at the time of delivery, PowerMeals is authorized to replace it at constant price with another similar product, of the same kind and if possible of better quality, in the subscription formula chosen by the customer. In the case of replaced products, the customer cannot claim either compensation or damages. If a billed product cannot be delivered, the corresponding amount is refunded to the customer. There are no new deliveries and the customer cannot claim damages. If, for reasons beyond the control of PowerMeals (for example: wrong delivery address, absence of recipient, prohibited access, circulation made difficult by bad weather or road traffic, failure of the Swiss Post to fulfill its obligations, etc.), delivery is made impossible or almost impossible, PowerMeals 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.
PowerMeals 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 the contact means listed below.
5. Price and Payment
5.1 Price
All the prices indicated on the platforms are in Swiss francs, VAT in force included. The prices applied are those which are displayed on the platforms at the time of the order. PowerMeals may change prices at any time without notice.
5.2 Payment
Payment for orders is automatically taken on the 7th day preceding the delivery date at 11:00 p.m. (CET). If this fails, a new attempt is made 24 hours later. In the event of another failure, the order is canceled and the corresponding delivery will not take place. The customer is automatically notified by email at each stage of the payment process.
5.3 Stripe secure payment platform
Payment for orders is only possible using a Visa or Mastercard credit card via Stripe secure payment platform (we invite you to read the Stripe Terms and Conditions of Use).
Before the first order, the customer indicates his payment information and expressly consents to this information being kept by the Stripe platform for the exclusive purpose of being used for the payment of orders made under the subscription contract.
The Stripe platform collects information related to the payment method (payment card number or bank account information, for example), the amount of the purchase, the date of purchase and the method of payment. The information collected may vary depending on the payment method used.
As part of its fraud prevention, prevention and detection activities, Stripe may also receive personal data concerning you from our business partners, financial service providers, identity verification services and sources accessible to the public (for example, name, address, telephone number, country of residence), in order to confirm the identity of the client and avoid fraud.
6. Intellectual property
PowerMeals has an exclusive ownership and enjoyment right over the brands, product descriptions, images, logo, photos and texts of the platforms. All these rights are reserved. It is strictly forbidden to copy, reproduce, republish, download, send, broadcast, transmit, communicate to the public or use content from our platforms in any way without the express authorization of PowerMeals.
7. Protection of personal data
We invite you to refer to our data protection declaration available on our website.
8. Applicable law and place of jurisdiction
Swiss law applies to the legal relationship between PowerMeals and the customer. The place of jurisdiction for natural persons is Geneva or the place of domicile of the client. The exclusive place of jurisdiction for legal persons is Geneva.
9. Contact and customer service
For any questions or complaints, please contact the PowerMeals customer service by phone on +41 (0) 22.789.60.60 or by email at info@powermeals.ch.
Data protection declaration.
Effective July 1, 2020
In this data protection declaration, we tell you how and for what purpose we collect, process and use your personal data. This data protection declaration is based on the European data protection regulation (GDPR).
This data protection declaration may be adapted over time, in particular if we modify our data processing or if new legal provisions become applicable.
1. Person responsible for data processing
For data processing according to this data protection declaration, it is PowerMeals SA, company having its registered office located at Rue de Rive 4, 1204 Geneva, Switzerland (hereinafter “we” or “PowerMeals”).
If you have any questions regarding this data protection declaration or the processing of your personal data, please do not hesitate to contact us:
PowerMeals SA,
Rue de Rive 4,
CH 1204 Geneva
dataprotection@powermeals.ch – +41 (0) 22.789.60.60
2. Scope of application
Our data processing primarily concerns our customers, but also other people whose personal data we process. This data protection declaration applies to the activity deployed on our website https://powermeals.ch and in our electronic applications (hereinafter: platforms). This data protection declaration applies to the processing of personal data already collected and those that will be collected in the future.
This privacy statement does not apply if another company is responsible for processing certain data. Another company may, for example, be responsible, alone or with us, for the processing of certain data when you visit our social media presentations (e.g. Facebook Fanpages) or if you interact with plugins integrated into our websites (e.g. . the secure online payment platform Stripe), when you visit a third party website to which we have established a link, or when we transmit personal data to third parties such as the authorities. In these cases, please consult the privacy statement of the company concerned, which you can usually find on its website.
3. Definition
Data protection law regulates the processing of personal data. This also applies to this data protection declaration. “Personal data” is all data that can be associated with a natural or legal person. The term “processing” refers to all of the handling of your personal data.
4. Processing and use of personal data
We use personal data to facilitate business relationships with our customers, to comply with our financial regulatory and other legal obligations, and to serve our legitimate business interests. We also use this personal knowledge to process payments and provide payment related services to our customers.
4.1 Use for legitimate commercial purposes
– Contractual and pre-contractual commercial relations. We use personal data in order to establish commercial relations with potential customers, and to fulfill our contractual obligations within the framework of contracts concluded with our customers. The activities we carry out in this context include:
o the creation and management of customer accounts and identifiers for these accounts, including the evaluation of applications to start or expand the use of our services;
o when purchasing goods and using the services, when taking out a subscription and when concluding orders and contracts, for deliveries and invoicing;
o accounting, auditing and billing activities; and
o processing payments with Stripe, communications concerning these payments and the associated customer service.
– Compliance with laws and regulations. We use personal data to verify the identity of our customers in order to fulfill our obligations to monitor, prevent and detect fraud, to comply with the laws related to the identification and reporting of illegal and illicit activities (fight against money laundering and rules relating to “the obligation to know your client” or “KYC”, for example), and to fulfill our financial reporting obligations.
– Legitimate commercial interests. The processing of your personal data is guided by our legitimate business interests. The following list identifies business interests that we consider to be legitimate. In order to define the content of this list, we have weighed our interests against the legitimate interests and rights of the individuals whose personal data we process. Our interests are:
o Ensure the follow-up and traceability of our products with customers placing orders on our platforms;
o monitor, detect and prevent fraud and unauthorized payments;
o reduce financial losses, guard against complaints, reduce liability or other damages suffered by customers;
o respond to requests, send memos and provide customer service;
o promote, analyze, modify and improve our products, systems and tools, and develop new products and services;
o manage, operate and improve the performance of our platforms by learning about their performance and optimizing our digital assets;
o analyze and promote our products and services;
o perform global analyzes and develop a commercial intelligence in order to continue and protect our activity, make informed decisions and generate performance reports on our activity;
o share personal data with third party providers who provide services on our behalf and business partners who help us to continue and improve our business;
o ensuring network and information security across PowerMeals and our services; and
4.2 Use for marketing and event communication purposes
We may send you email marketing communications about PowerMeals products and services, invite you to participate in events or surveys, or communicate with you for business purposes, provided you have obtained your consent in accordance with Swiss law. When we collect your business contact information through our participation in a trade show or other event, we may use this information to communicate with you about this event, to send you the information you requested about our products, and our services and, with your permission, to include you in our marketing campaigns.
4.3 Use for online advertising targeting purposes
When you consult our platforms, we, but also certain third parties, collect information concerning your online activities over time and on different sites, in order to offer you advertisements on products and services corresponding to your areas of interest (this type of advertising is called “advertising targeting”). These third parties may place or identify a unique cookie or any other technology on your browser (including through the use of invisible pixels or pixel tags). When required by law, we will obtain your consent before we process your information for advertising targeting.
Because we participate in various ad networks, you may see our advertisements displayed on third party websites or mobile applications. These advertising networks allow us to distribute our messages in a targeted manner based on several factors, including demographic data, supposed interests of users as well as the browsing context (for example, the date and time you have accessed our Sites, the pages viewed and the links you have clicked on). This technology also helps us to assess the relevance of our marketing efforts and to determine if you have seen one of our advertisements.
We work with Google AdWords, Doubleclick, AdRoll and other ad networks. If you want to know how not to receive or see targeted advertising from companies that are members of the Network Advertising Initiative network, visit the Network Advertising Initiative and Digital Advertising Alliance. To opt out of these types of ads, you can download the AppChoices app. By opting out of ad targeting, you may see advertisements that you are not interested in or that do not concern you. As there are currently no standards for recognizing Do Not Track (DNT) signals in a browser, we are unable to take this into account.
5. Disclosure of personal data.
We do not sell or make your personal data available to marketing professionals or unaffiliated third parties. We share your personal data only with trusted entities, as set out below.
a. Intra-group communication. We share personal data with other group companies so that you can benefit from our services and for internal administrative management purposes.
b. Service providers. We share personal data with a limited number of our service providers. We work with various service providers to provide you with certain services on our behalf, including payment services, identity verification, web hosting, data analysis, information technology provision and others related infrastructure, customer service, email distribution and audit. These service providers may need to access personal data to provide these services to you. We authorize these service providers to use or disclose personal data only when it is necessary for the provision of services on our behalf or when required by law. We require these third party partners to formally agree to protect the security and confidentiality of the personal data they process on our behalf. The majority of our service providers are in the European Union or the United States of America.
vs. Commercial Partners. We share personal data with our third party business partners when necessary to enable us to provide our services to our customers.
d. Our customers and third parties to which our customers have given their agreement. We share personal data with customers when it is necessary to maintain a customer account and for the purposes of providing our services. We share data with parties to whom a client has granted direct sharing permission.
e. Business transactions. When we conclude or seek to conclude a transaction which modifies the structure of our company, as in the case of a restructuring, merger, sale, joint venture, transfer, transfer, change of control or any other alienation of our company , our capital or our actions, in whole or in part, we may share personal data with third parties in order to facilitate and execute the transaction.
f. Compliance and prevention of harm. We share personal data when we believe it is necessary: (i) to comply with applicable law or applicable payment rules; (ii) to enforce our contractual rights; (iii) to protect the rights, privacy, security and property of PowerMeals or third parties or yours; and (iv) to satisfy requests which may come from a court, law enforcement agency, regulatory authority or any other public and governmental authority, which may include an authority located outside your country of residence
6. International data transfer
Personal data may be stored and processed in any country where we are active or where we work with service providers. We may transfer personal data about you in our possession to recipients located in countries other than the country where it was first collected, including the United States. These countries may have data protection rules different from those in force in your country. However, we will take steps to ensure that these transfers comply with applicable data protection laws and that your personal data remains protected in accordance with the standards described in this data protection statement. In certain circumstances, courts, law enforcement, regulatory or security authorities in these countries may have the right to access your Personal Data.
In this regard, we ensure that third parties located outside of Switzerland or the European Union comply with the laws in force in order to allow you to benefit from an adequate level of data protection when transferring your personal data. personnel to the United States by ensuring that these recipients are subject to the American Privacy Shield program.
7. Data protection
We strive to maintain a level of security adapted to the risk associated with the processing of personal data. Within the company, we take organizational, technical and administrative measures to prevent illicit access to your personal data, as well as their destruction, loss, alteration or hijacking. Only employees who need access to your personal data to carry out their professional tasks will have access to it. Unfortunately, there is no way to guarantee that any data storage or transmission system is 100% secure. If you have reason to believe that your interactions with us are no longer secure (for example, if you believe that the security of your account is compromised), please contact us immediately.
If you are a customer, we keep your personal data for the duration of the service contract which binds us to you. We keep your personal data after we stop providing services to you, even if you choose to close your account, to the extent necessary to comply with our legal and regulatory obligations and for fraud surveillance, prevention and detection purposes. We also keep your personal data in order to comply with our tax, accounting and financial obligations, when our contractual commitments to our financial partners require us to do so. When we store data, we do so in accordance with the limitation periods in force and the storage obligations prescribed by applicable law which for certain data in Switzerland is 10 years.
8. Your rights regarding the processing of personal data
You have the right to object to the processing of your data when we process your personal data on the basis of legitimate interest. You can also object at any time to the processing of data relating to direct advertising (e.g. advertising e-mails). If the required conditions are met and no legal exception applies, you also have the following rights:
– Right to information: you have the right to transparent, clear, comprehensible and exhaustive information on the way in which we process your personal data and on the rights which you benefit in this context. This is the aim pursued by this data protection declaration. Do not hesitate to contact us for any additional information.
– Right to communicate data concerning you: you have the right to request free information at any time on the entirety of the data saved with us which concerns you. You therefore have the possibility of checking which personal data concerning you we process. In isolated cases, the right to information may be restricted or excluded, particularly if there are doubts as to identity or if this is necessary for the protection of others.
– Right to rectification: you have the right to have inaccurate or incomplete personal data corrected or completed and to be informed of this rectification.
– Right to erasure: you have the right to demand the deletion of your personal data when they are no longer necessary for the purposes pursued, that you revoke your authorization or that you have opposed the processing, or when ‘they are treated unlawfully. In isolated cases, the right of erasure can be excluded, in particular when the processing is necessary for the exercise of freedom of expression or to assert legal rights.
– Right to restriction of processing: under certain conditions, you have the right to request that the processing of your personal data be limited. This could for example mean that personal data is no longer (until further notice) processed or that published personal data is (until further notice) deleted from a website.
– Right to data portability: you have the right to receive from us personal data that you have made available to us in a structured, customary and machine-readable format, insofar as the concrete processing of data is based on your authorization or is necessary for the performance of a contract, and that the processing takes place via automated processes.
– Right of revocation: to the extent that we process your personal data on the basis of an authorization, you have the right to revoke your authorization at any time. Revocation only applies in the future; processing activities based on your consent in the past will not become illegal as a result of your revocation.
Finally, you can lodge a complaint with a responsible supervisory authority concerning the type and method of processing of your personal data, if you consider that the processing of the data is contrary to the legislation in force. The competent supervisory authority in Switzerland is the Federal Data Protection and Transparency Officer (PFPDT) – https://www.edoeb.admin.ch/edoeb/fr/home.html.
9. Use by minors.
Our services are not intended for minors and we ask them not to submit personal data to us through our platforms.
10. Contact us
For any questions, please contact our data protection department, by phone on +41 (0) 22.789.60.60 or by email at dataprotection@powermeals.ch.