General Terms and Conditions of Sale
Welcome to our website https://www.magictomato.ch and our electronic applications (hereinafter: the platforms).
In this document, we would like to present our general terms and conditions of sale, which serve as the basis for processing and completing your purchases on the platforms operated by MagicTomato.ch SA, a company with its registered office at Chemin du Champ-des-Filles 36, 1228 Plan-les-Ouates, France, and embodied by a fictional superhero bearing the original name MagicTomato (hereinafter: MagicTomato.ch).
Please read these terms and conditions carefully before using our platforms.
By accessing our platforms and placing an order, you agree to be bound unconditionally by these general terms and conditions. Conversely, if you do not fully accept these general terms and conditions, we recommend that you do not use our platforms.
1. Concept
MagicTomato.ch offers a new way to shop, based on pleasure, discovery, and time savings. To achieve this, MagicTomato.ch has selected renowned Artisans committed to offering healthy foods with authentic flavors (hereinafter: the Artisans). This allows MagicTomato.ch to present on its platform a selection of high-quality fresh products, prepared on demand, the same morning the Customer places their order.
This unique direct-flow concept eliminates food waste, promotes independent Artisans, and serves you in record time.
2. Registration
Registration on the platforms is reserved for individuals with the capacity to perform legal acts. Registration is free. Registration does not constitute a right of access to the platforms. The personal data required for Customer registration must be complete and truthful. The Customer agrees to keep their data up to date.
Promotional offers, information, order confirmations sent by MagicTomato.ch to Customers are sent to the email address indicated by the Customer at the time of registration.
3. Order and Contract Conclusion
As an intermediary, MagicTomato.ch presents on its platforms the Artisans’ products that the Customer can order. Upon receipt of a product order by the Customer, a purchase contract is concluded between the Customer and the Artisan. All products are offered subject to availability.
MagicTomato.ch is not a party to the purchase contract between the Customer and the Artisan.
Before placing an order, it is important that the Customer checks and corrects the information entered. Data entry errors cannot be corrected subsequently, and the Customer is not entitled to any refund for products ordered in error or from an incorrect address.
MagicTomato.ch reserves the right to set a minimum order value.
By confirming their order, the Customer places a firm order for the products in their shopping cart. Once confirmed, the order cannot be modified.
If the Customer has any doubts regarding allergies, intolerances, or food preferences, MagicTomato.ch invites them to contact us first to verify the product’s compatibility with these elements.
MagicTomato.ch will confirm receipt of the order to the Customer by email immediately after purchase confirmation and payment.
The contract comes into effect upon receipt of the order confirmation.
4. MagicTomato.ch Services
4.1. Delivery
MagicTomato.ch undertakes to collect all products ordered by the Customer from the Artisan and deliver them to the Artisan. Compliance with the cold chain and perfect packaging of the product, according to the Artisan’s instructions, are guaranteed.
MagicTomato.ch makes every effort to deliver all ordered products in sufficient quantities and of impeccable quality.
In some cases, however, it may happen that, for various reasons, a product is no longer available in the required quantities or cannot be delivered within the requested timeframe.
If a product is not available at the time of delivery, MagicTomato.ch is authorized to replace it with another similar product, of the same type, and if possible of better quality. If the original product costs more than the new product, MagicTomato.ch will credit the difference to the customer account of the Customer who placed the order, opened with MagicTomato.ch, to be used only when the same Customer places their next order on the platforms. The amount credited to the customer account cannot be claimed in any other way. If the original product costs less than the new product, MagicTomato.ch will bear the difference. In the event of replaced products, the Customer is not entitled to compensation or damages.
In the event of missing products or reduced quantities, the Customer is not entitled to compensation or damages.
If an invoiced product cannot be delivered, the corresponding amount will be refunded to the Customer. No new delivery will be made, and the Customer may not claim damages.
If, for reasons beyond the control of MagicTomato.ch (e.g., incorrect delivery address, absence of the recipient, prohibited access, traffic disruptions due to bad weather or traffic, etc.), delivery is made impossible or virtually impossible, MagicTomato.ch is entitled to cancel the order. In this case, the Customer shall have no right to any compensation in kind or damages.
4.2. Product Delivery
MagicTomato.ch delivers products to the specified area. If the Customer’s requested delivery location is outside the delivery area, a message will appear on the screen indicating that the order will not be possible. If the delivery time is expressed in working days, MagicTomato.ch means every day from Monday to Friday, excluding statutory holidays.
The ordered products are delivered to the address and person indicated by the Customer at the time of ordering. MagicTomato.ch ensures delivery to the door of the home for private individuals or to the reception desk for businesses.
For security and service quality reasons, MagicTomato.ch strives to deliver the order to the Customer in person, if possible. Otherwise, MagicTomato.ch may leave the order on the doorstep or at the reception desk of the business, with the sole discharge of MagicTomato.ch. If the building door is closed and the Customer has not provided the access code, the order will be left in front of the building door, fully discharging MagicTomato.ch.
From the moment the order is handed over or dropped off, the benefits and risks (e.g., theft, damage by third parties, bad weather, etc.) are transferred to the Customer.
If the Customer has indicated that they wish to pay for their order upon delivery and this payment method has been validated by MagicTomato.ch, the Customer is required to be present at the agreed time slot for simultaneous handover and payment. Otherwise, the products will be collected by MagicTomato.ch. In this case, MagicTomato.ch reserves the right to charge, in addition to the order, a fixed administrative fee of CHF 100.
MagicTomato.ch makes every effort to respect delivery dates and times. However, all time indications provided by MagicTomato.ch are for informational purposes only. A delay does not constitute grounds for order cancellation and does not entitle the Customer to any compensation. If MagicTomato.ch or any other delivery partner is unable to fulfill an order confirmed by MagicTomato.ch, MagicTomato.ch cannot be required to ensure delivery by other means. The Customer is not entitled to any compensation.
4.3. Fees
In principle, deliveries made by MagicTomato.ch are free.
MagicTomato.ch reserves the right to charge delivery fees. Any delivery fees are indicated at the time of confirmation. The amount of these fees may, in particular, take into account the value of the order after deduction of any vouchers and discounts, the frequency of orders, and the delivery location.
Delivery notes and invoices are sent by email.
4.4. Bags
MagicTomato.ch delivers products in delivery bags that ensure proper preservation of the product, particularly the cold chain.
Delivery bags bearing the MagicTomato.ch logo are left free of charge to the Customer upon delivery, who agrees to return them in perfect condition to the delivery person on the next delivery. Failing this, MagicTomato.ch reserves the right to charge a fixed fee of CHF 25 per bag for loss and/or damage.
MagicTomato.ch reserves the right to offer the Customer paid delivery bags.
With each delivery, the Customer may return the following packaging, solely from a previous order placed with MagicTomato.ch, to the delivery person for recycling: empty PET bottles, returnable or non-empty glass bottles, empty cans, protective cardboard boxes, and paper bags. In such a case, the Customer agrees to sort and collect the packaging to facilitate the service. The MagicTomato.ch delivery person may refuse the Customer’s packaging without any reason.
5. Prices and Payment
All prices indicated on the platforms are in Swiss francs, including the applicable VAT. The prices applied are those displayed on the platforms at the time of the order. For products sold by weight (fish, vegetables, fruits, meat, etc.), the price per unit of weight in effect applies. The quantity actually delivered and therefore the final price appearing on the invoice may differ slightly from the value originally stated on the order. For pre-packaged and already labeled fresh products, the price in effect at the time the goods are prepared applies.
Several payment methods are available depending on the product range and delivery type. MagicTomato.ch, however, reserves the right to decide which payment methods are accepted for each order. Possible payment methods are indicated at the time of ordering.
The Customer expressly authorizes credit checks and, for this purpose, the transmission of their data to third parties.
If, at the time of ordering, the Customer has not yet paid a previous invoice or has not paid the amount of a previously imposed fixed penalty, MagicTomato.ch reserves the right to refuse the order.
Invoices are sent electronically if possible, or by post after delivery to the address indicated by the customer, or attached directly to the delivered products. Invoices must be paid within 30 days without discount or other deduction. Unjustified deductions will be re-invoiced. Any late payment will be subject to a surcharge of CHF 40.-, plus late payment interest of 5% per year from the end of the agreed payment period.
In the event of late payment, MagicTomato.ch is authorized to entrust third parties with the collection of unpaid amounts and to assign receivables to third parties in Switzerland or abroad. In this case, all payments due by that date will be remitted to third parties. Any costs incurred are the sole responsibility of the Customer.
If the order contains products whose price depends on weight, the Customer accepts a difference of up to 10% of the weight agreed upon at the time of delivery. In such a case, MagicTomato.ch will endeavor to specify a higher weight.
Customers can pay in advance for future orders. These amounts are equivalent to the purchase of gift vouchers and are valid for one year. Therefore, a customer who has not placed an order on the site during this period will lose the voucher amount.
6. Products
Product descriptions published on the platforms are frequently updated regularly and with the greatest care.
However, descriptions may not correspond to the information on the product packaging. In the event of a discrepancy between the description and the packaging, the packaging shall prevail.
Changes may be made at any time, so the Customer is encouraged to review the product details, in particular, the origin, the artisan, and the list of ingredients on the packaging, particularly in case of food intolerances.
MagicTomato.ch strives to select local artisans and products. However, some products may not be local. In such cases, the products are rigorously selected and meet sustainable and ethical criteria.
MagicTomato.ch does not guarantee the accuracy, precision, or completeness of the information posted on the platforms. Product photographs are not contractually binding.
MagicTomato.ch has exclusive use rights to all product descriptions, images, logos, photos, and text on the platforms. All rights are reserved. It is strictly prohibited to copy, reproduce, republish, download, send, distribute, transmit, communicate to the public, or use any content from our platforms in any way without the express authorization of a person with signing authority within MagicTomato SA.
The platforms do not sell alcohol or tobacco to persons under the age of 18.
MagicTomato.ch does not guarantee that the internet or data exchanges are error-free, secure, or permanently available.
MagicTomato.ch does not undertake to ensure permanent and uninterrupted availability of the platforms and disclaims all liability for technical or computer errors occurring during a sale, for any delays in processing or receiving orders, or for data theft by hackers.
7. Post-delivery service and refunds
MagicTomato.ch’s customer service team is available to provide Customers with any information they may need and to assist them with any problems or complaints regarding MagicTomato.ch’s services.
In the event of a product-related complaint, for which the Artisan is responsible, MagicTomato.ch undertakes to provide the Customer with the necessary contact information.
Any defects found must be reported immediately upon receipt of the goods. Otherwise, the goods are considered free of defects and accepted by the Customer. Hidden defects must be reported immediately upon discovery to MagicTomato.ch’s customer service team.
MagicTomato.ch guarantees the quality and shelf life of its products under the following conditions:
- Non-refrigerated food and groceries must be stored in a cool, dry place.
- Non-refrigerated food and groceries must be consumed before the expiration date printed on the product.
- Refrigerated food must be unpacked immediately upon receipt and stored at a maximum temperature of 2-5° Celsius.
- Refrigerated food must be consumed before the expiry date printed on the product. If no date is printed on the product, refrigerated food must be consumed on the same day as delivery.
- Frozen products must be handled appropriately and stored at -18° Celsius without interrupting the cold chain.
There is no general right of return for faultless and correctly delivered products. The right of return is expressly excluded for products whose intrinsic quality (e.g., taste) does not meet the customer’s requirements, for fresh produce, fruits and vegetables that have rotted as a result of improper handling or an interruption of the cold chain, or for products ordered inadvertently.
8. General Terms and Conditions
In the event of any inaccuracies and/or contradictions between the German, French, English, and/or Italian versions of these Terms and Conditions of Sale, only the French version shall prevail.
If any part of these Terms and Conditions proves, for any reason, to be inapplicable or invalid, the validity of the remaining provisions shall not be affected.
These Terms and Conditions may be amended at any time by MagicTomato.ch. The Customer is encouraged to regularly review these Terms and Conditions, which are binding.
9. Applicable Law and Jurisdiction
Solely Swiss law applies. The exclusive jurisdiction is Geneva.
MagicTomato SA 36C Chemin Champ-des-Filles 1228 Plan-les-Ouates
VAT number: CHE-408.802.672