Terms and Conditions

The Terms and Conditions (the “Site Terms and Conditions") set out the rules based on which the COMPANY provides access to the website and any mobile application that allows users to order products (collectively, the "Site"). Please read these Site Terms and Conditions carefully before ordering any products from the Site. Placing orders through the Site (now or in the future) implies the user's acceptance of these Site Terms and Conditions, which govern the use of the Site itself.

The company reserves the right to update these Site Terms and Conditions over time by amending the provisions contained on this page. If the user does not accept the new Site Terms and Conditions, they must refrain from using the services offered by the Site and from ordering products through the Site. It is recommended to print a copy of these Site Terms and Conditions for future reference. The use of personal data transmitted through the Site is governed by the PRIVACY POLICY.

Visiting the Site, even just parts of it, constitutes acceptance by the users of these Site Terms and Conditions. Site users who do not accept these Site Terms and Conditions are required not to use the services offered by the Site and not to order products through the Site itself.

GENERAL TERMS AND CONDITIONS OF USE AND SALE
Last updated August 8, 2024 – Site - www.Appristo.ch
“COMPANY’”: Arpatex Sàrl – Route des Acacias, 6 - 1700 – Fribourg - CH-409-634.271

1. INTRODUCTORY RULES
1.1 Product Orders: The company ("COMPANY") provides users with a system for communicating their orders ("Orders") of products ("Products") to restaurants, shops, and other businesses ("L") listed on the Site. The contract for the supply and purchase of Products is concluded between the user and the Establishment to which the user submits the Order, and the COMPANY will conclude the sale of the Products on behalf of the Establishments. In any case, the COMPANY has no obligation to promote the conclusion of contracts between the Establishments and the user.

2. ACCESS TO THE SITE AND SITE TERMS AND CONDITIONS
2.1. Access to the Site: Access to certain areas of the Site is possible without placing an Order or registering personal data. Most areas of the Site are accessible to anyone.
2.2. Acceptance of the Site Terms and Conditions: Browsing any area of the Site implies acceptance of the Site Terms and Conditions. Users of the Site who do not accept the Site Terms and Conditions are required not to use the services offered by the Site and not to order products through the Site itself.
2.3. Changes to the Website Terms: We may make changes to these Site Terms and Conditions, but in the event of significant changes, we will notify the user before the changes become effective, except where such changes are required by applicable law. If the user does not accept the changes, they must not use our Site. Please note that continued use of our Site after the effective date of the proposed changes will constitute acceptance of the modified Terms.
2.4. Responsibility: It is the responsibility of visitors and users of the Site to ensure they have access to the Site itself. Additionally, visitors and users of the Site must ensure that anyone accessing the Site via their account and internet connection is aware of these Site Terms and Conditions and complies with them.

3. STATUS OF THE SITE USER
3.1. Legal capacity and age: To access and use our website, you must be legally able to enter into binding contracts with the Establishment. In addition, to place an order on our website for alcoholic beverage and/or sigarette you must be at least 18 years old.
3.2. You confirm and agree that if you have a specific allergy or intolerance, you will contact the Establishment directly to verify that the product is suitable for your needs before placing the order directly with the Establishment.
3.3. If your Order includes any Item with age restrictions, you will be required to provide proof of your age upon receipt or delivery of your Order. If you are unable to prove the legal minimum age at the discretion of the chosen Establishment, or if the Establishment reasonably believes that the age-restricted Items ordered by you have been purchased on behalf of someone below the legal minimum age, the Establishment reserves the right not to complete the delivery of the age-restricted Items to you.

4. METHODS OF SENDING AND PROCESSING THE ORDER
4.1. Completing the Order: After selecting the products you wish to order from the chosen Establishment and providing the requested information, you may place the Order by clicking or selecting the "pay now" or "proceed to payment" button or a similar button. Please note that it is important to review all information entered and correct any errors before clicking the button, as once you have done so, you will have concluded a sales contract with the Establishment, and it will no longer be possible to correct any errors or withdraw from the Order (subject to the provisions below).
4.2. Modifying or withdrawing from the Order: The right of withdrawal for consumers is excluded as these are products made to order and subject to rapid deterioration. Once the Order has been submitted, the user concludes a sales contract for products with the Establishment and, therefore, cannot modify or withdraw from the Order and is not entitled to any refund (please refer to the following sections for more information regarding the procedure applicable to the refusal of execution of Orders and the refund of payment). However, if the user still wishes to attempt to modify or withdraw from the Order, they must contact the Establishment to communicate their request.

4.3. Payment Authorization: In case of a lack of authorization for any payment, the Order will not be processed or sent to the relevant Establishment.

4.4. Order Processing and Refusal to Execute Orders by the Establishment: Upon receipt of the Order, the COMPANY transmits it to the relevant Establishment and notifies the user via email that the Order has been received and is being processed. It should be noted that any confirmation page the user may view on the Site and any Order confirmation received via email further confirms the conclusion of the sales contract for products with an Establishment, but this does not necessarily imply that the ordered products will be delivered by the Establishment. The COMPANY cannot exclude that Establishments may refuse to fulfill Orders at any time due to being too busy, weather conditions, product availability, etc. In such cases, any payment already made for the Order will be refunded to the user according to the subsequent section, once it has been verified that the user is entitled to it. In any case, any claim or refund request must be made directly to the Establishment, as the sole and exclusive party responsible for the execution, fulfillment, or non-fulfillment of the service.

4.5. Order Delivery: The estimated times for deliveries and pickups are provided by the Establishments and are for guidance only. The COMPANY is in no way directly or indirectly responsible for the execution and fulfillment of the Order by the Establishment. Orders will be delivered or available for pickup within the estimated times provided by the Establishment, which is solely responsible for the service. For any clarifications regarding the preparation, status of the order, or the method and execution of the Order’s delivery, please contact the Establishment, which is solely and exclusively responsible for the execution and fulfillment of the service.

5. PRICE AND PAYMENT 5.1. VAT and Additional Costs: The prices of the Products are those indicated on the Site. The prices include VAT, and any delivery and/or service fees will be added to the total amount due, where applicable. Any service fees and, where the Establishment with which the Order is placed receives delivery services provided by us, any delivery fees may be charged by us directly as the contractor for the Establishment. The delivery and service fees applied to the Order may vary based on a number of factors, including location, the chosen Establishment, and the value of the items in the Order, but these fees will always be indicated to the user before completing and paying for the Order.

5.2. Incorrect Price Indication: This Site contains a large number of items, and it is always possible that some of them may display an incorrect price. If the correct price of an Order is higher than the price indicated on the Site, the COMPANY will normally contact the user before shipping the Order. In such a case, neither the COMPANY nor the relevant Establishment is obliged to ensure that the Order is supplied to the user at the erroneously indicated lower price or to refund the user the difference from the incorrect price. If the price is excessively high compared to the originally agreed price and the user is a consumer, under the Consumer Code the user will have the right to withdraw from the Order by making a request to the Establishment.

5.3. Payment Methods: Payment for Orders can be made via credit/debit card or other electronic payment methods through the Site or in cash to the Establishment at the time of delivery to the user or pickup by the user.

5.4. Credit Card Payments: If the user pays by credit or debit card, they may be asked to show the card to the Establishment at the time of delivery or pickup as proof of identity, while also allowing verification that the card matches the details on the Order receipt. Occasionally, there may be delays in processing card payments and transactions; this may result in some payments taking up to sixty (60) days to be charged to the user's bank account or credit or debit card.

5.5. Payment Authorization: In the case of payment via credit or debit card or another electronic payment method, the COMPANY is authorized by the Establishment to receive the payment from the user on behalf of the Establishment. Payment to the COMPANY relieves the user from further obligations.

5.6. Discount: A discount may be applied to the Order if the user uses a voucher or promotional code recognized by the Site and validated by the COMPANY on behalf of the Establishments, and the user completes the payment via credit card or other electronic payment methods. According to standard banking procedures, the bank or company may reserve the full amount of the Order in the user's account for a period of 7 to 9 working days (or more, depending on the bank or company that issued the credit card), during which the amount will be unavailable in the account. The discount will only be applied after the necessary verifications have been carried out by the COMPANY.

5.7. Non-fulfillment or Cancellation of Orders: According to standard banking procedures, once an Order is placed and paid for via credit card, and the payment is authorized, the full amount of the Order will be reserved. If the execution of the Order is subsequently refused by the Establishment (as described in the previous section), or if the Order is canceled for any other reason, the funds related to the Order will be made available again in the user's account as soon as possible, once the COMPANY has successfully completed the verifications and it is confirmed that the user is entitled to it.

6. CUSTOMER SERVICE 6.1 Modifying or withdrawing from the Order: If the user wishes to modify or withdraw from their Order after submission, they must contact the Establishment directly.
6.3 If the user is dissatisfied with the quality of any Product or the service provided by an Establishment, the COMPANY encourages the user to share their opinion via the Site in the form of ratings, comments, and reviews (collectively referred to as "Reviews") that reflect their experience.
6.4 If the user is dissatisfied with the quality of any Product or the service provided by an Establishment and wishes to request a refund, a proportional price reduction, or any other form of compensation, they must contact the Establishment directly to file their complaint and, if applicable, follow the Establishment’s complaint procedures. However, it should be noted that the contract for the supply and purchase of Products is between the user and the Establishment to which the user submits the Order. The COMPANY has no control over the Establishments, the quality of the Products, or the service provided by the Establishments and is not able to, nor assumes any responsibility or obligation to, provide any compensation or reimbursement to the user on behalf of any Establishment.

7. USER LICENSE 7.1 Permitted Use: Users are permitted to use the Site as well as print and download extracts from the Site for personal, non-commercial use. Users must not misuse the Site, including through hacking or data extraction techniques (scraping).
7.2 Unless otherwise stated, the copyright and other intellectual property rights related to the Site and the materials published on it (including but not limited to photographs and graphic images) are owned by the COMPANY or the entities from which the COMPANY has obtained the relevant license.
7.3 Reservation of Rights: Rights not expressly granted in this Site are reserved.

8. ACCESS TO THE SITE
Access to this Site may be temporarily suspended at any time, without notice, for maintenance or for reasons beyond the control of the COMPANY. The COMPANY and the user may terminate these Site Terms and Conditions with two weeks' notice (to be communicated via email). Upon termination, the COMPANY will delete the user's account, subject to legal obligations.

9. USER-GENERATED CONTENT 9.1 Any material other than personal identification information transmitted, posted, or uploaded by the user to this Site (including but not limited to Reviews) is considered non-confidential (hereinafter referred to as "User Content").
9.2 By posting, uploading, or transmitting any User Content, you represent and warrant that you own or otherwise control all rights to the User Content and are solely responsible for such content. You also agree that we and anyone designated by us will be free to copy, disclose, distribute, incorporate, and otherwise use any User Content and all data, images, sounds, texts, and other elements contained in it for any commercial or non-commercial purpose.
9.3 It is prohibited to post, upload, or transmit any User Content (including Reviews) to or from the Site that violates any applicable local, national, or international law, or is illegal or deceptive.
9.4 Users are responsible for ensuring that their User Content complies with our policies and these Site Terms and Conditions. We use a combination of human review and algorithmic decision-making to verify compliance of User Content with such terms, and we reserve the right to moderate (including removal) any content that we believe violates our policies, these Site Terms, or applicable law. The list of prohibitions in Article 10.3 is not exhaustive.
9.5 Use of User Content: User Content on the Site is provided for informational purposes only and does not constitute a recommendation by the COMPANY. Reviews and other User Content reflect the opinions of customers who have ordered through the Site or other third parties, and all statements, advice, or opinions provided by such parties are theirs alone. Consequently, to the fullest extent permitted by law, the COMPANY assumes no responsibility for any errors, defamation, obscenities, omissions, or falsehoods in Reviews or other User Content.
9.6 Your Responsibility for User Content: We are not responsible for content uploaded by users. We do not endorse or approve any user-generated content. You agree to indemnify the COMPANY for any loss, damage, or claim (and all related costs) incurred by the COMPANY or claimed against it by an Establishment or other third parties arising from or related to any User Content you provide that violates any statement, warranty, commitment, or restriction under this section.

10. LIMITATION OF LIABILITY 10.1 Information provided on the Site: The COMPANY does not guarantee that such information is accurate or complete. The COMPANY may make changes to the material on the Site or to its operation and prices described on the Site at any time without notice, communicating such changes to users in the same manner the services and prices were communicated.
10.2 Information regarding allergies, dietary information, and other product information: If you, or someone for whom you are ordering, have concerns regarding allergies, intolerances, or other preferences, contact the Establishment directly before placing your order.
10.3 Actions and omissions of the Establishment: The contract for the supply and purchase of Products is between the user and the Establishment to which the user submits the Order. The COMPANY has no control over the actions or omissions of any of the Establishments. Without limiting the general validity of the above, and except in cases of fraud or gross negligence by the COMPANY, by using the Site, the user agrees to the following:
10.4 The COMPANY makes no commitment to ensure that the quality of Products ordered from any of the Establishments will be satisfactory or that the Products are suitable for the user’s purposes, and expressly excludes any such warranty.
10.5 The estimated delivery and pickup times are provided by the Establishments and are indicative only. There is no guarantee, either by the COMPANY or by the Establishments, that Orders will be delivered or made available for pickup within the estimated times.
10.6 The COMPANY does not guarantee that Establishments will fulfill all Orders and cannot exclude that Establishments may refuse Orders at any time due to being too busy, if the user fails to provide proof of age for purchasing alcoholic beverages, cigarettes, or other tobacco-related products when required, due to weather conditions, or for any other reason.
10.7 The above disclaimers do not affect the users' rights under applicable law and/or their sales contract with the Establishments, as well as consumer protection legislation.
10.8 Exclusion of other provisions: The COMPANY provides the user with access to and use of the Site on the assumption that, to the fullest extent permitted by law, all guarantees, representations, conditions, commitments, and any other terms related to the Site and its use by the user are excluded (including any guarantees, representations, conditions, commitments, or other terms that might otherwise apply to the Site or its use by the user or that are implied by applicable law or otherwise).

11. LIABILITY

11.1 Notwithstanding above, the COMPANY shall not be liable to users under any circumstances, whether in contractual or non-contractual liability (including negligence), or for breach of statutory duties or for any other reason, even if such circumstances are foreseeable, arising from or in connection with the Site (including the use, inability to use, or the effects of using the Site) in relation to:(i) any loss of profits, sales, business, or revenue;(ii) loss or destruction of data, information, or software;(iii) loss of business opportunities;(iv) loss of anticipated savings;(v) loss of goodwill; or any indirect or consequential loss.

11.2 Limitation of Liability: The total liability of the COMPANY to users in relation to any other loss arising from or in connection with the Site or its use by the user, whether in contract, tort, for breach of statutory duties, or for any other reason, shall not exceed the lesser of twice the value of the Order and an amount equal to €100.

11.3 Additional Costs: The user is solely and fully responsible for any additional or related costs that may arise during the use of the Site or as a result of it, including, but not limited to, costs related to the maintenance, repair, or adaptation of any device, software, or data owned by the user or leased or licensed to the user, or otherwise used by the user.

12. TERMINATION
The COMPANY reserves the right to terminate the contractual relationship with the user and suspend the user’s right to use the Site immediately, through written notice (including by email), if the COMPANY believes, at its sole discretion, that the User License or User-generated Content has been violated; the user has not paid for an Order for which products were delivered by the COMPANY; or the user has violated any other essential provision of these Site Terms; or improper, unauthorized, fraudulent, or otherwise suspicious activity is occurring on the user's account.
Upon termination or suspension, the user must immediately destroy any extracts of the Site that have been downloaded or printed.

13. FORCE MEJEURE 13.1 The COMPANY shall not be liable for, nor is it required to compensate for, any failure to perform or delay in the performance of its contractual obligations under these Site Terms caused by events beyond the reasonable control of the COMPANY ("Force Majeure").
13.2 A Force Majeure event includes any act, event, non-occurrence, omission, or incident beyond reasonable control and includes in particular (but not limited to): strikes, lockouts, or other labor disputes; civil unrest, riots, invasions, terrorist attacks or threats of terrorist attacks, wars (declared or undeclared), or threats or preparations for war; fires, explosions, storms, floods, earthquakes, subsidence, epidemics, or other natural disasters; the impossibility of using rail, maritime, air, road, or other public or private means of transport; the impossibility of using public or private telecommunications networks; and laws, decrees, regulations, or restrictions imposed by any government.
13.3 The COMPANY's performance of its contractual obligations under these Site Terms will be considered suspended for the duration of the Force Majeure event, with an extension of the time frame for performance equal to the duration of the event.

14. MISCELLANEOUS CLAUSES 14.1 The COMPANY is committed to protecting users' confidentiality and security. The user of the Site is required to review the Privacy Policy.
14.2 If any terms or conditions of the Site are declared invalid, null, or ineffective, in whole or in part, the invalidity, nullity, or ineffectiveness will only affect those terms, and the remaining terms will remain valid and effective to the maximum extent permitted by law.
14.3 These Site Terms and any other document expressly referred to herein constitute the entire agreement between the COMPANY and the user and replace all previous discussions, correspondence, negotiations, previous agreements, understandings, or contracts between the parties regarding the subject matter of the contract.
14.4 Applicable law may require that certain information and notices provided by the COMPANY to the user be communicated in writing. By using the Site or placing a Product Order through the Site, the user agrees that communication with the COMPANY will primarily take place electronically.

15. APPLICABLE LAW AND JURISDICTION Applicable Law: All claims and disputes arising from or in connection with this Terms and Conditions will be governed and interpreted in accordance with Swiss law.
Jurisdiction: Any dispute arising from these Site Terms concerning non-consumer users will be subject to the exclusive jurisdiction of the courts of Lugano. In the event of a dispute arising from this Terms and Conditions concerning consumer users, consumers may take their case to the courts of Lugano. In case of dispute, users are encouraged to first contact Customer Service to seek a resolution.

*** The user, in accordance with and for the purposes of the Swiss Code of Obligations and LCSI, expressly approves the following articles: (Modification or withdrawal from the Order); (Order processing and refusal of execution of Orders by the Establishment); (Discounts); (Rejected Orders); (Indemnity); (Suspension of access and termination); (Liability); (Disclaimer); (Limitation of Liability); (Applicable Law and Jurisdiction).