General terms and conditions
1. SCOPE
Nikols e-fine grocery (Nikols.ch) is the online shop of A&B Commercial Sàrl which is located at Carrefour de Rive 1, 1207 Geneva. The services of Nikols.ch are restricted to the territory of Switzerland and the Principality of Liechtenstein. These General Terms & Conditions (henceforth “GTC”) apply to all Nikols.ch services.
2. REGISTRATION and ORDER PLACEMENT
2.1. Registration
Only legally competent people may register to this online shop. Registration is free of charge. Registration data provided by the client must be complete and accurate. Clients are responsible for updating their personal data. Newsletters and promotional mails may be sent to the registered e-mail address of the client. The customer may unsubscribe from this email at any time by clicking on the relative link at the bottom of the e-mail.
2.2. Order placement / contractual relationship
Orders can be placed online and over the phone and are confirmed to the customer by e-mail. No contractual relationship exists between the customer and Nikols.ch until an order confirmation has been issued. Nikols.ch may decide for any reason not to accept an order and refuse to confirm it. The order itself confirms the accuracy of all the provided information.
2.3. Volume limitations
Nikols.ch reserves the right to limit the delivered quantity or not to deliver a particular product at all.
2.4. Order amendment and cancellation
In order to amend or cancel a confirmed order, the client needs to contact our Customer Service. It is in our discretion to accept a client’s order amendment or cancellation request and will, in general, accept it if and only if our Customer Service takes notice of the client’s request before the order preparation has started.
Unless the client receives an amendment or cancellation confirmation by e-mail, the order remains valid as initially confirmed and will be processed as outlined in the “GTC” governing Nikols.ch.
2.5. Partial delivery
Nikols.ch aims to deliver the ordered quantity as per client’s instructions at the highest possible level of quality. Yet, in exceptional cases, only insufficient quantity of goods may be available or their dispatch may not be possible. If certain products are unavailable at the time of delivery, they will not be delivered at a later time neither will they be replaced by other products. The actual quantity delivered is stated on the delivery note and on the invoice. The customer is not entitled to any compensation, financial or in kind, with respect to quantities which were partially delivered or not at all. If an article is not delivered, despite being billed, the relative amount will be reimbursed to the customer. No subsequent delivery will be made and the customer is not entitled to claim any kind of compensation.
3. DELIVERY
3.1. Delivery of goods
Goods are delivered directly to the address of the recipient as per client’s instructions. Deliveries are carried out either by our proprietary fleet of trucks or Swiss Post SA. To the extent accessible, goods will be delivered to the front-door if the recipient is a private client or to the reception desk if the recipient is a corporate client. If the building is not accessible, the products will be left in front of the door of the client’s building.
3.2. Delivery times
Nikols.ch and our delivery partners make their best to respect the suggested delivery deadlines. However, delivery times mentioned in Nikols.ch are only indicative. Possible delays neither constitute an argument to cancel a confirmed order nor gives the right to a client to ask for a refund. Should Nikols.ch delivery partner not be able to deliver a confirmed order, Nikols.ch has no other obligation than to ensure the delivery in another way. The customer does not have the right to claim any kind of compensation.
3.3. Delivery charges
Delivery charges depend on the shipping method, the value of the order net of any vouchers/discounts and the frequency of the orders. For certain products and shipping methods, a minimum order quantity might be required.
3.4. Delivery note and invoice
Delivery notes and invoices are sent electronically as soon as possible.
3.5. Delivery at the customer’s absence
For security and quality reasons, Nikols.ch aims to hand over the goods to the recipient himself. If the recipient is not available at the delivery time, the goods are deposited outside the front door. From this moment onwards, the client owns all risks related to the product such as the risk of theft, damage by third parties or environmental factors etc. In certain regions of Switzerland, we are supposed to deliver at a predetermined parcel handling location instead of the exact delivery address. Nevertheless, clients are notified of the delivery with a delivery note in their postal box.
3.6. Cancellation of a delivery by Nikols.ch
If, for reasons beyond the control of Nikols.ch (e.g. incorrect delivery address, recipient’s absence, prohibited access, bad weather or traffic conditions etc.), the successful delivery effectuation seems impossible or possible only with great difficulty, Nikols.ch is entitled to cancel the order. In this event, the customer is not entitled to any kind of compensation.
4. PRICES and PAYMENT
4.1. Prices
All prices are quoted in Swiss francs. Retail prices include VAT at the applicable rate. Effective prices are those displayed on the website www.nikols.ch at the time of the order submission.
4.2. Payment methods and terms / creditworthiness
Customized payment methods and terms are offered, depending on the products, type of client and delivery method. It is in our own discretion to decide which payment method to accept in each case. The customer explicitly authorizes Nikols.ch to examine her creditworthiness by any means it considers appropriate and, to this end, pass on customer data to third parties if necessary. In case of overdue payements, A&B Commercial Sarl is entitled to entrust the recovery of unpaid amounts and assign claims to third parties which are based in Switzerland or abroad. With respect to corporate clients, invoices are sent after the delivery by e-mail or by post to the billing address specified by the customer or included directly with the goods. Available payment methods are displayed at the final stage of the order submission. Retail clients pre-pay their order before expedition.
5. PRODUCT LABELLING
5.1. Product information
All product-related information published in this eshop is regularly updated with the greatest care. In exceptional cases, information published online may deviate from the details printed on the product packaging. In such a case, the information on the packaging dominates. Because changes may occur anytime, we recommend that you regularly consult the ingredients list and allergy-related information on the packaging.
6. Electronic data communication
Data communication via Internet cannot be guaranteed to be error-free and available at all times. Additionaly, Nikols.ch cannot ensure the uninterrupted availability of the online shop, neither the absence of any technical or electronic faults during a sales transaction nor the absence of possible delays at the reception or processing of an order.
7. SPECIAL PRODUCT CONDITIONS
7.1. Purchase of Nikols gift vouchers
The purchase of Nikols.ch gift vouchers is also subject to the relevant Nikols.ch GTC.
8. DISCOUNTS and VOUCHERS
8.1. Special offers
The available inventory related to a special offer may be limited.
8.2. Vouchers
Nikols.ch can only accept vouchers that explicitly state that they can be redeemed at www.nikols.ch . Only a single voucher may be redeemed per order.
9. CUSTOMER SERVICE & COMPLAINTS
Our Customer Service is at our clients’ disposal to provide information and help in case there is a problem or complaint about Nikols.ch services.
Possible product defects must be reported immediately upon receipt of the goods. Otherwise, we assume that the client has received the goods in perfect condition. Other hard-to-detect product defects must be reported to our Customer Service immediately after they have been spotted.
Customer Service
10. GENERAL TERMS
10.1. Data protection
Collected data is treated as confidential and in good faith. Upon initial contact, your personal data such as name, postal and electronic address etc. is collected for operational and marketing purposes. Details regarding your purchases may be evaluated for marketing and advertising purposes. This evaluation is conducted for each customer using an anonymised automatic process.
10.2. Severability clause
Should any provisions of this GTC prove to be inapplicable or invalid, the validity of the remaining provisions shall remain unaffected.
10.3. Applicable law and jurisdiction
Swiss law is solely applicable (jurisdiction of Geneva).