Terms of Service

GENERAL TERMS AND CONDITIONS OF ALLCOOK.CH

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.ch/ and subdomains https://ec.allcook.kitchen/ and https://well.allcook.ch/ registered in the Swiss register of commerce as Allcook SA, Avenue de Rumine 13, 1005 Lausanne, Switzerland. (hereinafter also “we” or “Allcook”).

“Customer” or “you” refers to anyone who ordered meals from Allcook.

(2) Deviating, conflicting or supplementary general terms and conditions of the customer are not part of the contract.

(3) All information a Customer provides during 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 unauthorised persons and immediately notify us in the e-mail form if your login details are lost or passed on. For misuse, e.g. for any unauthorised orders from third parties with your password and the resulting claims, you are liable in accordance with the law.

(4) Registration with Allcook via Facebook and Gmail is only permitted if you use your actual first and last name on Facebook and Gmail, as well as complete and accurate contact details to place the order, or if you inform Allcook 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 accepted if you do not object within 30 days of being notified. 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 cooks and markets meals preparations.

(7) Complaints. Allcook 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 by emailing service@allcook.ch within a maximum of twenty-four (24) hours after their delivery.

(8) Returning boxes. We encourage customers without obligation to return our boxes with gel ice blocks and sent back to Allcook address: Avenue de Rumine 13, CH-1005, Lausanne. Allcook will provide a paid by us Swiss Post delivery label for every 4 boxes. If a customer wishes to send back boxes with gel ice blocks more often, the customer should pay for the back delivery him/herself.

2 Conclusion of the contract; non-binding information, delivery quantities and restrictions

(1) All information on our goods and prices before the conclusion of the contract is subject to change and non-binding. The product images do not always have to match the appearance of the delivered products.

(2) A valid contract between Allcook 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 the Allcook website. Allcook 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 can refuse acceptance at any time without giving reasons. A claim for delivery of the ordered goods or the ordered voucher arises only with Allcook’s acceptance of the order after online payment by the customer.

(2.1) Full-price order with subscription. When a customer submits and pays the 1st order, the valid contract (here and after “subscription contract”) is concluded between the customer and Allcook. Allcook will supply meals to the customer according to the chosen frequency while placing the 1st order. Allcook has a weekly menu that suggests varied nutrition to customers. Every week, Allcook suggests a default food choice to the customer according to the 1st order submission (number of meals, dietary preferences, the delivery day of the week, full price). The customer can edit, pause the order or several orders, pause an account and terminate the subscription according to the terms described in the 3rd paragraph of the current GTC.

(2.2) Full-price order with frequency “Once.” When a customer submits and pays for the first order while selecting frequency “Once,” the customer signs only a one-time binding contract for the meal delivery.

If a customer who previously selected wishes to purchase again, they can continue to purchase occasionally without signing a subscription contract. Prices for occasional, no-subscription orders may be higher than for subscription orders.

Customers may choose to subscribe; once making a choice to subscribe, the customer signs a “subscription contract”.

(2.3) Free order or discounted price order. If a customer has a voucher for free order(s) or discounted price order(s) or a voucher a customer purchased at a 3d party website, the contract becomes valid after the customer fills truthfully and completely the order form on the Allcook website and the 1st order is accepted by Allcook. In this case, the weekly value of the subscription contract is the full (not discounted) price of the 1st order, which will be charged by Allcook for the subsequent weeks after the right for free or discounted orders expires and/or is used and if a customer will have an active order and active account.

(3) The products presented in the online shop are not a legally binding offer but a non-binding online catalogue.

(4) Allcook 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.ch

(6) Allcook 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§ Contract period, frequency, editing, pausing, termination, an automatic extension. Subscription

(1) In principle, the contract concluded with us is deemed to be concluded for an indefinite period. 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. Customers can conclude the contract for any frequency desired: one time or more. None of the frequencies are binding and can be changed at any time. Frequencies could be edited.

1st order is always binding and cannot be cancelled or modified once the payment is performed.

(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) Flexible account

3.1. Editing, upgrading, downgrading, pausing and activating the concrete weekly order. For the customer with a valid contract, Allcook creates default weekly orders based on the 1st order. A customer has visibility for 4 subsequent orders after the last paid and confirmed order. A Customer can perform the following actions with one or all visible orders: edit, increase or decrease the number of meals, add additional products, put on pause or activate one or all visible orders. To perform these actions, a Customer should log in to his/her account on the Allcook website and make the desired changes.

Changes are considered to be validated and taken into action by Allcook when the customer performs the following actions after logging in to his/her account. Allcook registers these actions in the form of logs.

3.2. Order frequency. While creating the first order, a customer chooses the purchase frequency: Weekly, Every 2 weeks, Once. This choice is flexible; a customer can change the frequency and move the weeks; changes could be done every week before the cut-off date, paragraph 3§ point (6).

3.2.1. Weekly purchase frequency is flexible according to the point 3.1.

3.2.2. Every 2 weeks, purchase frequency. It is flexible, according to point 3.1.

However, every 2nd week orders after 1st purchase by default are suspended. If the customer chooses to activate (order food) the initially suspended order, the Active or Paused status of the future weeks stays unchanged. So, a Customer voluntarily adds one more order to their contract. The next order following a recently added order will not be automatically moved to comply with every 2nd rule.

3.2.3. One-time purchase. If a customer selects the frequency “Once”. Allcook creates only one order. A Customer can choose to subscribe to suggested frequencies after the 1st order. A Customer can also purchase again without a subscription; the price of meals without a subscription from the 2nd order is higher.

(4) Pausing the customer account for an indefinite period. A customer with a valid contract can pause the subscription indefinitely by logging in to his/her account on the Allcook website and making the desired change. The customer can also activate his account. Changes are considered to be validated and taken into action by Allcook when the customer performs the following actions after logging in to his/her account

(5) Complete removal of a Customer account from the Allcook website. A customer has a right to delete his/her account from the Allcook website. To perform that action, a Customer should send the email with this request to service@allcook.ch or fill out the form on the Allcook website. Allcook will perform that action in accordance with the law about personal data and after both parties fulfil all binding obligations defined by the subscription contract.

(6) Each weekly order has a defined customer delivery day during the week. All actions described in paragraph 3§ should be performed before a cut-off moment during the previous week to the next delivery.

The cut-off moments for orders are the following:

– 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 previous week

– scheduled for delivery on Thursday is Saturday, 23:59 CET of the previous week

Allcook will communicate any deviations from this regulation 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 Active orders. Allcook will automatically charge a customer’s credit card/bank account at every cut-off moment without additional consulting with the customer if the order is Active/not Paused.

(9) It is possible that the customer’s card was charged by mistake, and in this case, the customer should contact service@allcook.ch and inform us about that incident. All payments for undelivered orders will be reimbursed.

(10) Service notifications. A customer is notified with the e-mail about the following events

E-mail: the possibility of making changes in the following week’s order by e-mail around 2 days before a cut-off date;
E-mail: when the card is charged for the active order
E-mail: when the parcel with food is handed over to a Post service provider
SMS: When the parcel is about to be delivered by the Post. This notification is the responsibility of the Post service; Allcook is not responsible or liable for not performing this action.
E-mail. When payment is failed.

(11) Fulfilment of orders when payment is failed.

11.1. Subscription.

An order is considered as placed by a customer when it is active/“Not Paused” at the cut-off moment. If payment fails, Allcook will fulfill the order and request payment from a customer after the cut-off date. If Allcook suspects abuse or fraud, Allcook has a right not to perform deliveries and to stop the subscription contract.

11.2. One-time purchase. A one-time purchase without passing to a subscription is fulfilled only when payment is completed successfully. Customers can request special treatment by e-mail. Allcook will make a decision on a case-by-case basis.

4§ delivery, delivery requirements, retention of title, Transfer of risk, Delivery interruption

(1) We only deliver in Switzerland and Liechtenstein to addresses with delivery services 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 a Customer has given as the delivery address in a Customer area on our website or in consultation with an Allcook employee. A change of address is only possible within Switzerland or Liechtenstein. For the earliest possible point at which address changes can be taken into account, Point 6 of the 3rd paragraph of these General Terms and Conditions shall apply accordingly.

(3) A Customer should select one of the following delivery options

3.1. Instruction to the Post to leave the parcel next to the building or mailbox without personal acceptance. In this case, a Customer makes a judgement if the area he/she lives in is safe to leave the parcel unattended. If the parcel is stolen, Allcook is not liable for that. Proving non-delivery of the parcel by the Post is a Customer’s responsibility. If the Post agrees that the parcel was lost by the fault of the Post, the order price will be reimbursed to the Customer.

3.2. Personal handover by notification.

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 your delivery by contacting SwissPost. If the handover is not possible, you will be in default of acceptance.

3.3. Delivery to the door. You ensure the access of the Post employee to your door by providing truthful information (such as entrance code) to Allcook at your Customer area on the Allcook website. 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 your delivery by contacting SwissPost. If the handover is not possible, you will be in default of acceptance.

(4) If a default in acceptance according to point (3.2) 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.

(5) If a default in acceptance, according to point (3.2) of paragraph 4, leads to non-delivery. You can try to get your delivery from the Post office, you have to take your parcel on the day of the intended delivery.

(6) If the goods have not yet been paid for at the time of delivery in accordance with paragraph 3 point 11, Allcook will ask for a payment after the delivery.

(7) You can suspend a delivery at any time. Point 6 (paragraph 3) of these terms and conditions applies accordingly.

(8) Allcook systematically instructs the Post Office to leave the package in front of the door or near the mailbox if the recipient is absent. Allcook declines all responsibility in the event of theft or damage in the customer’s absence during the package delivery, which the customer expressly recognises by accepting the general conditions.

(9) Allcook 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 ensure that the cold chain is respected. The “Consume before” date appears on the label of each meal and is 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 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 strongly recommends disposing of products if the cold chain is not respected and/or if the product’s transparent film is swollen.

(10) If for reasons beyond the control of Allcook (for example wrong delivery address, absence of the correct name or company name on the mailbox, absence of the recipient, prohibited access). Allcook 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.

5§ Warranty

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 claims are due immediately. If the customer is in default, Allcook 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. You are only authorised 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 authorised 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 6 days before 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 direct debit can be collected or payment can be made with the credit card.

(6) Delivery service. The default delivery tariff is Priority; Swiss Poss promises but does not guarantee delivery in 24 hours or before 17 hours the next day after handover. Allccok can recommend passing to the more expensive tariff Moon due to hot weather, or other reasons. If a customer does not follow that recommendation, the spoiled product due to late delivery will not be reimbursed or compensated.

Please understand that, for technical reasons, the charge on your account or credit card may not be visible to you until a few days later.

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 redeem 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; 5. One customer can redeem only one voucher; if a customer who already redeemed the voucher creates another account using a different e-mail address and applies another voucher, all cook has a right not to honour this order; payment will be reimbursed with the retention of 3%.

(4) Credits from “Refer a Friend” campaigns are automatically offset against the purchase price of the next delivery. Only one discount is possible to offset per order. If the collected credit exceeds the purchase price of the next delivery, offsetting occurs 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.

(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§ Company account and group deliveries

Any commercial or non-commercial legal entity can request the creation of a Company account. A company account allows employees to purchase Alcook meals at specially negotiated terms and get a group delivery while placing individual orders independently.

(1) Special terms include price, group day of the delivery during the week, group delivery address, and minimum order quantity per group delivery.

(2) The company can add employees and partners to a company account. Only added employees can place an order at Allcook at special terms. A company can add employee it is account and remove. Company can send a login details to its employees to create an account.

(3) Creating a company and employee accounts is not binding. The company and its employees and collaborators have no obligation to purchase meals at any frequency.

(4) An employee signs a valid contract with Allcook for one-time delivery once they place and pay for an order at the Allcook website.

(5) Allcook fulfils only paid orders by a Customer

(6) A company becomes a Customer when it agrees to pay a monthly fee covering delivery costs or subsidised meals. In this case, an additional amendment to the current GTS, where the company and Allcook agree on the terms and amount of the subsidy.

(7) Special terms of company accounts are subject to change by Allcook if the minimum group order size is not achieved during the minimum three orders. Allcook will communicate these terms by e-mail.

(8) All terms of current GTC apply to a Company and an Employee after they become a Customer under 8§ (4) and (6).

9§ Allcook. kitchen’s liability, obligations of the customer

(1) Allcook 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 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.

10§ data protection

For data protection, please note our data protection information on the website allcook.ch

11§ 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 have been aware of the ineffectiveness or impracticability. The same applies in the event of a loophole.

(4) Terms and conditions exist in French, German and English. In case of discrepancy, the French language version prevails over the German and English versions.

12§ Allcook contact details for any inquiries about current GTS, privacy and your data.

Allcook SA

Avenue de Rumine 13, 1005, Lausanne, Switzerland

Phone +41 21 311 93 44

service@allcook.ch

Allcook GTS status: Jan 2024