General Sales Conditions

CONTRACTING PARTIES

Art.1: The contracting parties are, on the one hand, Nyaree Food Store Sarl, 51 Rte du Nant d’Avril, 1214 Vernier (CH), seller, registered in the commercial register under number: CHE-438.721.021, and, on the other hand, the customer, i.e., any natural person not acting in a commercial capacity wishing to purchase one or more items displayed on the online store managed by "Nyaree Food Store Sarl."

SCOPE, APPLICABLE LAW, AND CHANGES TO TERMS

Art.2: These general terms and conditions of sale apply to all orders placed on the website managed by "Nyaree Food Store Sarl" and are subject to Swiss law governing all relationships between the parties. The seller reserves the right to amend its terms of sale at any time, specifying that, in such cases, the applicable terms will be those in effect on the order date.

PRODUCT AVAILABILITY

Art.3: The offers are valid as long as they appear on the nyareegeneve.ch website, within the limits of available stock, and exclusively in the countries listed in the "Our Shops" section.

PRODUCT PRESENTATION

Art.4: The items offered on the website managed by "Nyaree Food Store Sarl" represent a selection of those available for sale by Nyaree Food Store Sarl. They are presented as accurately as possible to allow potential buyers to understand their key characteristics (design, color, size, etc.) before placing an order.

 

Art.4.1: Online offers managed by Nyaree Food Store Sarl are provided without commitment and do not constitute binding offers. The order confirmation email is decisive for the transaction. Offers are subject to the availability of products from our suppliers.

 

Art.4.2: All product information, product photos, specifications, store links, etc., are provided without warranty on the online store managed by "Nyaree Food Store Sarl." The valid specifications of Nyaree Food Store Sarl at the time of order collection are decisive.

 

Art.4.3: Nyaree Food Store Sarl accepts no responsibility for the content of external web pages.

PRICES

Art.5: The prices of the items are firm and final. They are expressed in Swiss francs, including all taxes, in the order summary. The VAT rate is the one currently in effect in Switzerland, i.e., 2.5%. The seller reserves the right to change prices at any time, without notice and without other formalities than updating these general terms. However, items ordered are invoiced at the price applicable on the order date, subject to availability on that date.

ORDER VALIDATION AND ELECTRONIC SIGNATURE

Art.7: A guided search allows customers to find a selection of items offered on the nyareegeneve.ch website. After making their selection, the customer can place their order in three steps:

 

  1. The customer validates the items they have chosen. The seller ensures the items offered are available by verifying the exact availability during order validation.

  2. The buyer enters identification and order information, such as their name, first name, and billing address. The buyer must create an account using their email address and a chosen password. Returning customers can log in with their email and password to access or update their saved details.

  3. The final order validation step: The buyer reviews their order summary, which serves as an order form, detailing all selected items, the total amount, and the billing address. Any modifications will generate a new summary. Validation is completed by clicking "Next," which constitutes the first electronic signature.

The buyer then selects a payment option: online or cash on delivery. Clicking "Pay" finalizes the order, serving as the second electronic signature, equivalent to a handwritten signature.

PROMOTIONAL CODES

Art.9: Throughout the year, Nyaree Food Store Sarl will distribute promotional codes through physical flyers or digital advertising. These codes allow buyers to enjoy monetary benefits during online purchases, such as fixed-amount discounts on individual products or total orders. The code, as specified in the advertisements, must be entered in the designated field in the online cart. Discounts will be applied and displayed once the code is correctly entered. Promotional codes may be single-use or time-limited.

PAYMENT METHODS AND SECURITY

Art.10: Online payments are processed via SafePay using methods such as VISA, MASTERCARD, AMERICAN EXPRESS, Apple Pay, Google Pay, or Postcard. For cash-on-delivery payments, CHF 1000 bills are not accepted.

SAFETY MEASURE

Art.11: Buyers are advised to print their order confirmation received via email.

LIABILITY, RISKS, AND DEFECT NOTICES

Art.12: In the online sales process, the seller is only obligated to deliver under the condition of no defects. The seller's liability cannot be engaged for damages resulting from external internet-related issues, such as viruses or service interruptions. Per Art.185 CO, items are shipped at the buyer's risk, with profits and risks transferring to the buyer upon contract conclusion. The buyer must inspect received items as soon as possible and notify the seller promptly in case of defects. Otherwise, the items are considered accepted under Art.201 CO.

PROCEDURE IN CASE OF DEFECTS

Art.13: In case of defects, the buyer must promptly notify the seller via registered mail, returning the defective goods in their original packaging along with the invoice. The notification should detail the nature of the defects. All correspondence should be addressed to:

 

Nyaree Food Store Sarl
51 Rte du Nant d’Avril
1214 Vernier

 

Shipping costs for returns, including customs duties, are borne by the buyer unless the returned items do not conform to the order or have visible defects.

REFUNDS

Art.14: Refunds will be made to the customer's bank account as soon as possible and no later than 30 days following verification of the defects.

INTELLECTUAL PROPERTY

Art.15: All elements of the nyareegeneve.ch website remain the exclusive intellectual property of "Nyaree Food Store Sarl." Reproduction, redistribution, or any use of visual or audio elements, even partially, is strictly prohibited.

DATA PROTECTION

Art.16: Customers' personal data will be collected exclusively in compliance with legal requirements and processed in accordance with our Privacy Policy.

APPLICABLE LAW

Art.17: In case of disputes, jurisdiction lies in Geneva, and the contract is subject to Swiss law.

Vernier, January 24, 2025