1. Definitions
In these COOMS Terms and Conditions, the following terms have the meanings set forth below:
Customer: any person who places an order on the Website.
Order: any order for Products placed on the Site by the Customer.
Order Confirmation:the email confirming that the Order has been received.
Delivery platform:any third-party platform that facilitates the ordering or delivery of Products (e.g., Uber Eats, Deliveroo, Just Eat, or any comparable platform).
Other defined terms:The documents referred to in Section 2 assign specific meanings to certain capitalized terms; these terms have the same meanings in the Terms and Conditions, unless otherwise specified.
2. Scope
These COOMS Terms and Conditions apply to all sales of Products made on the Website or in-store.
By placing an Order, the Customer acknowledges that they have read, understood, and accepted these COOMS Terms and Conditions.
These COOMS Terms and Conditions constitute the primary contractual document for purchases made on the Site. In addition, the following contractual documents apply:
- The COOMS Terms of Use govern access to and general use of our Site; the purchase of Products is governed by these COOMS Terms of Use.
- Privacy Policy governing the processing of personal data.
In the event of any conflict with another document on the Site regarding a commercial matter, these COOMS Terms and Conditions shall prevail. However, with regard to matters relating to the processing of personal data, our Privacy Policy shall prevail.
3. Information Provided on the Site and Disclaimer of Warranty
COOMS makes every effort to present the Products accurately.
The photographs, descriptions, images, and information regarding flavor, size, ingredients, availability, or presentation displayed on the Site are provided for informational purposes only. Minor differences between the image displayed and the Product delivered do not in themselves constitute a defect.
Unless expressly stated otherwise, the information published on the Site does not constitute a standalone warranty.
4. Information provided by the Customer
The Customer must provide accurate, complete, and up-to-date information when placing an Order, particularly regarding their identity, email address, phone number, shipping address, and, if applicable, any information relevant to pickup or delivery.
COOMS is not liable for any consequences resulting from incorrect, incomplete, or outdated information provided by the Customer.
5. Products
The Products offered for sale are those displayed on the Website, while supplies last.
The products offered for sale are fresh and perishable food items.
Unless otherwise specified, the Products generally have a shelf life of 2 to 3 days after purchase, provided they are stored under appropriate conditions.
Certain specific products, such as cookie kits, may have an expiration date printed on their packaging, which is the official date.
Information regarding ingredients and allergens is available on the Website, specifically at the following address: https://coomscookies.com/culture.
It is the Customer’s responsibility to verify this information before consumption and to ensure that the Products are suitable for their needs, particularly in the case of food allergies or intolerances.
If a Product is unavailable after an Order has been placed, COOMS will notify the Customer and offer either a refund or a replacement product, as appropriate.
6. Orders
Orders are placed using the process available on the Website.
The Customer selects the desired Products, enters the requested information, chooses the delivery or pickup method offered on the Site, and then completes the payment.
The Order is confirmed by email after payment has been processed. The sale is deemed to have been concluded upon sending the Order Confirmation. COOMS reserves the right to refuse or cancel an Order in the event of suspected fraud, abusive behavior, clearly inaccurate information, or an obvious error in the listed price.
COOMS does not offer an online ordering and pickup system on the Website.
Orders for in-store pickup can be arranged directly with COOMS, including by phone, outside of the Website.
COOMS' technical and electronic records may serve as proof of the Order and its processing.
7. Price
Product prices are listed in Swiss francs (CHF).
VAT is included where applicable. Any shipping or service fees are listed separately before the final confirmation of the Order.
The prices listed on the Site apply to orders placed directly with COOMS. When Products are ordered through a third-party food delivery platform (such as Uber Eats or any other delivery app), the prices listed on that platform may differ from those listed on the Site.
COOMS may change its prices at any time. The applicable price is the one displayed at the time the Order is confirmed, subject to any obvious errors.
8. Payment
8.1 Orders placed on the Website
For orders placed directly on the Website, the accepted payment methods are those indicated during the ordering process, including:
- credit card;
- Twint;
- PayPal;
- bank transfer, if this option is available.
Payment must be made before the Order is prepared or shipped.
8.2 Orders placed through a delivery platform
When an order is placed through a third-party food delivery platform (such as Uber Eats or any other similar app), payment is made directly to the platform in accordance with its own terms and conditions.
COOMS does not process payments made through these platforms and cannot be held liable for any issues related to payment or billing by these platforms.
9. Delivery and Pickup
9.1 Orders placed on the Website
Delivery areas
COOMS ships within Switzerland. International shipping is available only if this option is specifically offered at the time of ordering.
Deadlines
Delivery times depend on the shipping method selected and the destination. The delivery times listed are estimates.
COOMS cannot be held liable for delays attributable to the carrier or any other logistics provider. Furthermore, COOMS cannot be held liable for any deterioration in the quality of the Products resulting from a prolonged period between the receipt of the order and their consumption.
Fees
Shipping costs are displayed when the Order is confirmed and may depend on factors such as distance, weight, or other logistical considerations.
Shipping address
The Customer is responsible for ensuring the accuracy of the shipping information. If the address is incorrect, incomplete, or unusable, COOMS cannot be held responsible for any failure to deliver.
9.2 Orders placed through a delivery platform
COOMS can also arrange certain deliveries through logistics providers it has directly contracted.
In this case, COOMS remains responsible for coordinating the delivery, while the actual transport is handled by a third-party service provider.
COOMS cannot be held liable for any delays or incidents attributable to this service provider.
Delivery terms, fees, estimated delivery times, and the method of delivery for the Products are determined by the relevant platform and are subject to the service provider’s terms and conditions.
9.3 Withdrawal
COOMS may offer to pick up Products directly outside of the Website (including by phone).
The Customer must arrive by the agreed-upon time. Due to the perishable nature of the Products, their quality can no longer be guaranteed if they are picked up late.
10. Product Availability and Order Accuracy
The products offered for sale are available while supplies last and subject to current production capacity.
Due to the artisanal and perishable nature of the Products, certain items may become unavailable after an order is placed. In such cases, COOMS reserves the right to:
- to offer an equivalent product;
- to cancel all or part of the order;
- or to issue a refund for the product in question via the original payment method.
When an order is placed through a third-party food delivery platform, any changes, cancellations, or refunds may be subject to the procedures and terms and conditions applicable to that platform.
The Customer is required to verify the accuracy of their order upon receipt. Any complaints regarding an incorrect product or a missing item must be reported as soon as possible after the order is delivered.
If the order was placed through a third-party delivery platform, claims may also be handled in accordance with that platform’s procedures.
11. Coupons
COOMS may offer gift certificates or gift cards, including physical ones available at retail locations. Unless otherwise stated on the Site:
- A voucher is neither exchangeable for cash nor refundable;
- A voucher may not be resold, transferred for commercial purposes, or used in a manner that violates the terms of the offer.
- A coupon may only be used in accordance with the terms and conditions provided by COOMS;
- COOMS reserves the right to refuse any use that is abusive, fraudulent, or contrary to the spirit of the offer.
12. Order Cancellation
COOMS may cancel all or part of an Order prior to its fulfillment, particularly in the following cases:
- suspicion of fraud;
- a clear error in the price;
- permanent unavailability of the Product;
- the inability to process the Order for a reasonable cause related to the information provided by the Customer.
An Order cannot be canceled once its preparation has begun, particularly due to the perishable nature of the Products and the fact that they are produced immediately.
Before production begins, COOMS may accept a cancellation request within a reasonable timeframe, though it is under no obligation to do so. For certain specific orders, particularly those involving custom production, no cancellation is possible after the Order has been confirmed, unless expressly agreed to by COOMS.
In the event of a cancellation attributable to COOMS prior to the fulfillment of the Order, the amount paid for the Product in question will be refunded via the original payment method or by another method agreed upon with the Customer.
If the order was placed through a third-party food delivery platform, cancellations and any refunds will be processed in accordance with the procedures and terms and conditions applicable to that platform.
13. No Right of Withdrawal
Since the Products sold by COOMS are perishable food items, no right of withdrawal applies after they have been delivered to the Customer (via delivery or pickup), in accordance with applicable law.
14. Damaged or Non-Conforming Products
The Customer is required to check the condition and accuracy of their order upon receipt.
If a Product is damaged, missing, or clearly does not match the order, the Customer must notify COOMS within 48 hours of receiving the order, providing supporting photographs where possible.
Due to the perishable nature of the Products, no physical returns of the Products may be requested.
After reviewing the complaint, COOMS may, depending on the circumstances, propose:
- replacement of the Product in question;
- the issuance of a credit;
- or a refund.
If the order was placed through a third-party food delivery platform, the complaint must be handled in accordance with that platform’s procedures.
No claim will be considered if it is not reported within the time period specified above, subject to the Customer’s mandatory rights.
15. Liability and Disclaimer of Warranty
COOMS is responsible for the proper execution of the sale within the limits provided for by applicable law.
To the extent permitted by law, COOMS disclaims all liability for indirect damages, consequential losses, loss of profits, or damages resulting from the improper use of the Products or the Site.
Except in cases of damaged or non-conforming products reported in accordance with Section 14, no specific warranty is provided for the Products.
This limitation of liability does not apply in cases of willful misconduct or gross negligence on the part of COOMS, nor in cases where liability is mandated by law.
16. Force Majeure
COOMS shall not be liable for any delay, non-performance, or partial performance resulting from an event beyond its reasonable control, including, but not limited to, technical failures, logistical disruptions, supply issues, natural disasters, government decisions, labor disputes, or the failure of a key service provider.
17. Data Protection
Personal data collected in connection with orders, delivery, customer contact, and marketing activities is processed in accordance with COOMS’ Privacy Policy, which forms an integral part of the Site’s contractual framework regarding data protection.
18. Contact Information
For any questions regarding an Order, the Customer may contact COOMS at the following address:
maurice@coomscookies.com
19. Amendments to the COOMS Terms and Conditions
COOMS may modify these COOMS Terms and Conditions at any time by posting a new version on the Website.
The COOMS Terms and Conditions applicable to an Order are those in effect at the time the Order is confirmed.
20. Governing Law and Jurisdiction
These COOMS Terms and Conditions are governed by Swiss law, excluding the rules of private international law.
Subject to any mandatory jurisdiction provided for by law, the competent courts are those of the Canton of Geneva.
