General Terms and Conditions

1 General rules

1.1The company B NUTRITION SARL, registered with the Commercial Register of the Canton of Geneva, Switzerland, under the number HR01-1004966429 (hereinafter the “Supplier”), operates under the address ROUTE DE LA LOUVIÈRE 96, 1243 PRESINGE (hereinafter, the “Website”) the brand name B NUTRITION, an online store selling ready-made meals (hereinafter: the “Merchandise”).

1.2 The Provider provides all services in connection with the use of the online store and services exclusively on the basis of these General Terms and Conditions of Business (hereinafter referred to as the “GTC”). The GTC applies to any user of the Online Store using the Service who is over eighteen (18) years of age (hereinafter the “Customer”). The website is reserved for adults only. To this end, the version of the GTC applicable to the Customer who orders is the one valid at the time of the order and accessible under the link on the Website.

1.3 By sending the electronic order through the Website, the Customer accepts the validity of the GTC. By this step, the Customer expressly excludes all the general conditions of sale which would be specific to him.

1.4 The Supplier does not guarantee any specific accessibility on his Website for the use of the online store and services.

1.5 The Supplier may at any time limit or regulate access to the Online Shop and the Services. It may take this decision in particular when this is necessary for reasons related to the security of network operations, maintenance of network integrity (to avoid serious network disruptions), software or stored data.

1.6 The Supplier’s raw materials, raw extracts and raw products (hereinafter, the “Goods”) may result in property damage, personal injury, punitive measures, loss of profits or income, etc. The Supplier shall not be liable for any damages that may result from the acquisition, use or misuse of such Goods. The Supplier, its owners, agents and employees shall in no event be liable for the Customer’s actions.

2 order and be delivered service

2.1 General

With the ” order and be delivered ” service, the Customer can electronically order and receive delivery of the goods offered by the Supplier after registering a user account. The order of B Nutrition can be made by a customer being on the Swiss territory, in Geneva exclusively.

2.2 Order

By clicking on the « Order », and « Subscribe » button, the Customer can view and select individual items for purchase. The order of B Nutrition can be made by a customer being on the Swiss territory, in Geneva exclusively. By clicking on the « My basket » button, the Customer can check the contents of the shopping cart and modify it. To proceed with the order, the Customer must enter the required data such as payment method, delivery address and billing address. Before completing the order, the Customer has the opportunity to check whether his order is free of input errors and to correct them if necessary. By clicking on the « Buy Now » button, the Customer legally completes the ordering process and sends the Supplier a binding offer to purchase the selected goods. The payment of the price of the ordered goods is made at the time of the order. The full price of the goods ordered by the customer must be paid when ordering the goods.

2.3 Offer, conclusion of contract

The goods and services presented on the Website do not constitute compulsory offers but an incentive to the Customer to submit a mandatory offer to the Supplier. With the order of the goods, the Customer makes a binding offer to conclude a purchase contract. He then receives an email confirmation of the receipt of the order from the Supplier. This is an acceptance of the offer, except in an exceptional situation beyond the control of the Supplier (accident, natural disasters, etc.)

2.4 Subscription agreement

To order, the customer has the choice of ordering once or to subscribe to the services offered by B Nutrition to benefit of more advantageous prices. The subscription is reserved for people with the capacity to perform legal acts.

Signing up for a subscription is free. When concluding the subscription contract, the customer personalizes the meal program according to his preferences: he defines the number of meals he wishes to buy and sets his delivery dates, five (5) or ten (10) depending of the chosen option. The customer fills in his personal data and payment information before confirming payment for the first order. Upon confirmation of payment for the first order, the customer is subscribed. He thus receives all five (5) or ten (10) meals throughout a month depending on the dates selected. Payment for subsequent orders is automatically debited the following month on the same date of the first payment.

The personal data necessary for customer registration must be complete and truthful. The customer undertakes to keep his data up to date.

Promotional offers, information, order confirmations sent by B Nutrition to customers are sent to the email address indicated by the customer at the time of the conclusion of the subscription contract.

2.5 Modification, suspension and termination of the subscription

The subscription may be modified, suspended or terminated at any time with a notice of 48 hours for a change of delivery date and five (5) working days for any suspension and/or termination of the subscription, by the customer, from his online customer account. The subscription may also be suspended or terminated at any time by B Nutrition, without justification, notice or compensation for the customer. Modifications, suspensions and terminations do not apply to validated orders, with the exception of modifications relating to the delivery address which can be made up to two (2) working days before delivery. Certain modifications in the choice of meal programs are likely to lead to a change in price.

2.6 Safeguarding the contractual text

The Supplier does not save the contractual text; the Customer must save his order and the GTC himself in case he wishes to consult them at a later date.

2.7 Delivery, delivery costs

Deliveries are made through a delivery person appointed by the Supplier. In the event of a problem related to transport and/or delivery, the Customer shall immediately inform the Supplier. The type of delivery is determined by the Supplier. Transport costs are accounted for separately for each item as well as during the validation of the order on the order summary. Delivery is made to the delivery address indicated by the Customer. Delivery is possible within Geneva territory (areas covered: 1204, 1205, 1206, 1207, 1208, 1201,1222, 1212, 1224, 1225, 1226, 1253,1243) only. The Customer can find on the Website more information about delivery conditions and costs, which form an integral part of the purchase contract. In all cases, quantitative limits remain reserved. If one of the goods or products ordered by the Customer is not in stock, this does not affect the delivery of the other items. Missing items are delivered later. The Supplier reserves the right to execute orders within the limits of the goods actually available in stock. The Customer informs the Supplier in advance of any delivery difficulties. No deliveries are made on Sundays or bank holidays.

2.8 Price

All prices listed in Swiss francs (CHF) are net prices, exempt from VAT. For prices that are not round, rounding is always done to the nearest unit (commercial rounding). For zero point zero one and zero point zero two Swiss francs (CHF 0.01 and CHF 0.02), as well as for zero point zero six and zero point zero seven Swiss francs (CHF 0.06 and 0.07), rounding down to the nearest multiple of five (5) ; for zero point zero three and zero point zero four Swiss francs (CHF 0.03 and 0.04), as well as for zero point zero eight and zero point zero nine Swiss francs (CHF 0.08 and 0.09), the rounding shall be to the nearest multiple of five (5) higher.

2.9 Risk management

The Supplier is responsible for the loss (total or partial), spoilage or late delivery of the Meals (the « Fault »), when the circumstances result from a fault of the Supplier. In this case, the Customer must immediately inform the Supplier and the latter must organize a new delivery, without additional remuneration. The Supplier’s liability is extinguished if the Customer does not immediately inform the Supplier of the Default after each delivery. When Meals perish due to circumstances not attributable to the Supplier, the Supplier is not responsible for the loss or deterioration of the Meals.

2.10 Payment

2.10.1 Payment can be made by TWINT or by credit card via the STRIPE provider. The Supplier reserves the right to exclude certain means of payment in certain cases or to propose new means of payment.

2.10.2 In the exceptional cases where the Supplier provides a service in advance, e.g. in the case of an invoice purchase, the Supplier may exchange data with other credit, payment and service companies (intelligence agency) for the purpose of identity verification, credit analysis and creditworthiness checks in order to protect its legitimate interests. For it, the Supplier transmits the necessary personal data to an information agency. The Supplier receives from this intelligence agency information about the Customer’s payment history and creditworthiness on the basis of mathematical and statistical processes that use the data related to the Customer’s address; it uses this information to make an appropriate decision regarding the reason, performance or termination of the contract. Upon request, the Supplier shall provide the Customer with the name of the intelligence agency to which it addresses itself in this case.

2.10.3 In the case of payment by TWINT or by credit card via the STRIPE provider, the amount to be paid is generally debited at the time the goods are ordered on the Supplier’s Website.

2.10.4 If the Customer does not meet his payment obligations, he will be in default without notice of default as soon as the payment deadline set for him has expired. In the event of late payment, the Supplier shall be entitled to demand default interest of eight percent (8%) and to charge a reminder fee of up to thirty Swiss francs (CHF 30.-) for each reminder, as well as other fees, in particular costs associated with collection proceedings. If the Customer has taken possession of the ordered goods prior to payment and is in arrears with the payment of the purchase price, the Supplier shall be entitled to set a grace period, generally ten (10) days, and either to withdraw from the contract if payment is not made within ten (10) days after this period and demand compensation or to demand payment of the purchase price. In the event of an obligation to make an advance payment and in the case of a cash purchase, the Supplier may, in the event of late payment by the Customer, immediately withdraw from the contract without setting a grace period by simply notifying the Customer. Furthermore, in the event of a delay, the Supplier reserves the right to block all other orders until the amounts due have been paid.

3 Major force

3.1The Supplier shall not be liable for delays in making the goods available in the following cases: Exceptional circumstances as well as any other unforeseeable, unavoidable and exceptional event not caused by the Supplier, occurring after the order or reservation or which would have remained unknown to the Supplier without the Supplier being responsible for it. Moreover, strikes, fire, floods, labor disputes, malfunctions, changes in administrative authorizations or in legislation and official provisions are not considered business risks. (This provision also applies if these elements affect its legal representatives, vicarious agents or suppliers).

3.2 In the cases referred to in 3 Section 1, the Supplier shall be entitled to postpone performance by the duration of the hindrance plus an appropriate start-up time. If the Supplier indicates to the Customer that the performance of the service will be significantly impaired in this context, then the Supplier and the Customer shall be entitled to terminate or cancel the agreement. Circumstances that may lead to a strictly temporary and therefore tolerable delay in performance are excluded from this case. The legal rights of the Customer remain unaffected.

4 Liability, warranty and warranty coverage

The Supplier’s liability is limited in all cases of to the gross negligence and to the unlawful intent. Any further liability is expressly excluded. The liability of the Supplier’s vicarious agents is completely excluded.

5 Damages related to transport, claims

6 Inscription & data protection

6.1 A delivery order can be made either through a single visitor account or through a permanent user account (in summary: “Registration”). In both cases, the Customer must provide the data required to use the service and in particular confirm that he/she is of legal age and has full legal capacity to visit the Website.

6.2 Only adults and physical persons and legal entities with full legal capacity may register and visit the Website. The inscription is free of charge.

6.3 The Client guarantees that the information provided is complete and accurate. The Customer undertakes to inform the Supplier of any change in such data. Fields indicated as mandatory must be filled in to proceed with an inscription. It is particularly important to provide a current email address that will be associated with the Customer and that the Customer consults on a regular basis. For this, the double-opt-in process is used. Once the registration is completed, the Customer receives a link to the email address he has provided; then he clicks on this link to complete and confirm the registration process.

6.4 If the Customer creates a permanent user account, he chooses a password when registering to be able to log in later. The Customer must keep this password secret and not communicate it to anyone. If the Customer believes that others know its password, it must change it promptly and inform the Supplier if applicable. It is the Customer’s responsibility to prevent fraudulent use of its username, password or any other login information. The Supplier starts from the principle that when logging into an account, it is the authorized Customer who is logged in. The Supplier shall not be liable for the consequences of fraudulent use of the connection data. Any loss or suspicion of unauthorized use of the username, password or any other problem related to the use of the Online Shop must be reported immediately to the Supplier.

6.5 The Customer’s personal data that may be collected on the Website are as follows:

– (If applicable) Account/Profile registration: are recorded during the creation of the account/profile, in particular, the surname, first name, date of birth, postal address, e-mail address, telephone number and login data.

– (If applicable) Connection to the Website : On this occasion are recorded the connection, navigation or location data.

– (If applicable) Payments on the Website : in the event of a financial transaction on the Website, via the TWINT and STRIPE service providers, only the bank details or credit card data are recorded by these service providers.

– (If applicable) Online discussions: when the Customer communicates with other users on the Website, the data relating to these exchanges are recorded.

– (If applicable) Information from third parties : Certain data (in particular surname, first name and telephone and/or postal contact information) may have been transmitted to the Supplier, with the Customer’s prior consent, by the Supplier’s partners. In this case, data processing will be governed by the present stipulations.

– (If applicable) Contact: When filling in the contact form, the Customer’s surname, first name, e-mail address and message are collected.

6.6 Cookies : Cookies are used, in the context of the use of the Website, to collect certain information (in particular, the IP address, information relating to the computer used for browsing, the connection mode, the type and version of the Internet browser, the operating system and other technical identifiers or the URL address of connections, including the date and time, as well as the content accessed). The Customer has the possibility to disable Cookies from the browser settings.

6.7 The uses of the Customer’s personal data are mainly the following:

– access and use of the Website;

– data verification and authentication;

– optimization of the layout and operation of the Website;

– fight against fraud, misuse, viruses and other malware;

– customer relationship management;

– (If applicable) setting up and managing a communication space between users of the Website;

– (If applicable) provision of user assistance;

– (If applicable) management of payment services;

– (If applicable) Provision of personalized content and services, based on browsing history, preferences and interests; – (If applicable) sending commercial information and advertising messages, based on browsing history, preferences and interests.

6.8 When certain information is mandatory in order to access specific features of the Website, this mandatory nature is indicated at the time of data entry. If the Customer refuses to provide mandatory information, the Customer may be refused access to certain services, features or sections of the Website.

6.9The Customer’s personal information shall be retained for as long as necessary for the duration of the supply of the goods and services, unless the Customer exercises, under the conditions set out below, one of the rights granted to it by law or a longer retention period is authorized or imposed by virtue of a legal or regulatory provision.

6.10 During this period, the Website implements the organizational, software, legal, technical and physical means capable of ensuring the confidentiality and security of personal data, so as to prevent their damage, deletion or access by unauthorized third parties. Access to Personal Data is strictly limited to the Supplier’s employees and agents who are authorized by virtue of their functions and who are bound by an obligation of confidentiality. However, the data collected may possibly be communicated to subcontractors contractually responsible for carrying out the tasks necessary for the proper functioning of the Website and its services as well as for the proper management of customer relations, without the need for the customer to give his authorization. It is specified that, within the framework of the execution of their services, subcontractors have only limited access to personal data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set forth above, the Supplier undertakes not to sell, rent, transfer or give third parties access to personal data without the prior written or oral consent of the Customer, unless compelled to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defense, etc.).

7 Compensation, deduction

The Customer shall only be entitled to a right of set-off if its claims have been established in a legally valid manner or if the Supplier has recognized them or if they are undisputed. The Customer may only its rights of retention and possible set-off if the claim relates to the same purchase contract.

8 Intellectual Property

The photos, texts, illustrations, icons, documents, symbols, logos, expressions, as they appear on the Website, are the sole and exclusive property of the Supplier. The latter reserves the right to take legal action against any offender or undue user.

9 Validity of the GTC and For

9.1The validity of these GTC and the legal relationship between the Supplier and the Customer shall be governed exclusively by Swiss law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

9.2 The exclusive place of jurisdiction for all proceedings is that of the Geneva courts, insofar as no mandatory consumer forum according to the Swiss Code of Civil Procedure is mentioned.

CONTACT INFORMATION

B NUTRITION SARL

Route de la Louvière, 96

1243 Presinge

info@bnutrition.ch