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 Place de Longemalle 1, 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.
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 Payment for subsequent orders is automatically withdrawn seven (7) days before the corresponding delivery.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.
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 30 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.
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.
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
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.
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 [email protected].
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