1. General

1.1 The general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions of Sale" or "GTC") apply to all activities provided by the company "Melrose Kitchen Ltd, (hereinafter referred to as the "Company"), a company located at Place des Bergues 3, 1201 Geneva, Switzerland, and in particular to the activities and services provided through its website, (www.melrosekitchen.ch), (hereinafter referred to as the "Website") allowing orders to be placed and contracts to be concluded (hereinafter referred to as the "order") via the online shop of Melrose Kitchen Ltd (hereinafter referred by Melrose Kitchen). 

1.2 These terms and conditions are available at any time on the Website, www.melrosekitchen.ch; and shall prevail over any other document. Melrose Kitchen Ltd. reserves the right to change the GTC at any time. The version of the GTC applies at the time of the order. It is the customer's responsibility to consult the terms and conditions regularly in order to be aware of any changes.

1.3 These Terms and Conditions apply to all sales and services made through the Website, but in particular to all sales made by email, telephone, oral declaration or any other firm expression of will.

1.4 Customers declare that they have read these GTC and have accepted them by ticking the box provided for this purpose prior to the implementation of the online ordering procedure on the www.timnest.ch website. By declaring that they have read and understood them, the Clients, by accessing the Company's website and by making use of it, acknowledge that they are bound by the present General Terms and Conditions of Sale.

 

2. Offer

2.1 Melrose Kitchen Ltd. markets foods and related merchandising(hereinafter referred to as "the product"). The offer is addressed to natural or legal persons who have their domicile or registered office in Switzerland or in the name of the continent or countries concerned. The products will only be delivered to addresses in Switzerland or the continent or countries concerned. The offer is valid for as long as it appears in the online shop and within the limits of production capacities, as specified when the order was placed. We inform you that we reserve the right to make changes to the offer.

2.2 The images shown in advertisements, brochures, the online shop, the website, social networks, etc., as well as all product information are for illustrative purposes only and are not binding. The specific product information is decisive.

 

3. Intellectual property:

Melrose Kitchen Ltd owns all intellectual property rights relating to the Website. Customers shall take appropriate measures to ensure that they do not violate any intellectual property rights, in particular when using the contents, images and texts of the Website. Any use of these pictures must be requested in writing or by e-mail from Melrose Kitchen Ltd. The procedure for contacting us is given at the end of this document. Without written agreement from the company, any use of the photos is forbidden.

 

4. Prices

Prices are expressed in Swiss francs (CHF) and in euros (€), including VAT. The prices indicated in the online shop at the time of the conclusion of the contract are binding. The sales price must be paid in full by the Customer upon conclusion of the contract. The prices include the costs of processing, shipping, transport and delivery, for Switzerland and countries within the European Union, under the conditions mentioned on the Website. The payment requested from the Customer corresponds to the total amount of the purchase, including these charges. Resellers can contact Melrose Kitchen Ltd. to obtain the reseller price list and the special conditions relating to it.

 

5. Validation of the order

5.1 We would like to inform you that the goods offered in our online shop do not constitute an offer to conclude a contract but only an invitation to place an order. By placing an order, the customer submits to Melrose Kitchen Ltd. an offer to conclude a purchase contract. You declare that you have read and accepted these General Terms and Conditions of Sale and the rights and obligations arising from them before placing your order. The final validation of your order implies acceptance of the GTC as well as the privacy statement. At any time, the Customer can access his order and modify it before its final validation (Validation of his payment). To do so, please take note of the steps to follow:

5.2

• Step 1: selection of items: It is the Customer's responsibility to select the items they wish to order on the Website and then follow the procedure available on the Website in order to place the order. Once the item has been selected, it will be placed in the Customer's basket.
• Step 2: Checking and validating the contents of the basket. The Customer checks the contents of his/her basket by clicking on “Cart” in order to have access to the summary of the items he/she has selected and to check their contents. This summary informs the Customer on the amount of each item including VAT as well as the total amount of the selected items. Once the order has been checked by the Customer, he/she must validate his/her Cart by clicking again on "Checkout”.
• Step 3: Indication of billing data and delivery method. The customer must fill in the form with his billing and delivery details. Fields marked with an asterisk (*) are mandatory. If the Customer has a customer account, he/she will only have to identify himself/herself by entering his/her e-mail address and password. If the Customer does not have an account, they can create one. The Customer then checks all the information and press "Place Order" in order to continue with the order.
• Step 4: Entering bank details and validating payment. The Customer will then be redirected to the page dedicated to secure payment. The Customer fills in the form with his/her bank details. In particular, by specifying his bank card number, its expiry date and the control number (the 3 (three) numbers of the visual cryptogram on the back of his card). If the Customer wants to pay with the American Express card, he/she must indicate 4 digits. As soon as the Customer validates the payment, the order is registered and becomes irrevocable.

 

6. Confirmation of the order:

6.1 Once all the steps described in point 5 (Order Validation) have been completed, the Customer will then be automatically redirected to an order confirmation screen on the Website which represents the acknowledgement of the Customer's order. In addition, the Customer will also receive an acknowledgement of receipt by e-mail. Once the order has been sent, the customer cannot add to or cancel it.

6.2 Melrose Kitchen Ltd. reserves the right to limit order quantities. T Melrose Kitchen Ltd. can, without justification, refuse all or part of the order. In this case, the customer will be informed and any payment already made will be refunded. Any other claims are excluded.

6.3 The data recorded by Melrose Kitchen Ltd. constitute irrefutable proof of the orders. The data recorded by the payment system constitutes irrefutable proof of the financial transactions.

 

7. Conclusion of the contract

The contract is concluded between the customer and Melrose Kitchen Ltd. when the customer accepts the offer made by Melrose Kitchen Ltd. through the website.

 

8. Registration

8.1 Customers undertake to provide their correct and valid contact details. In case of change, customers are responsible for taking the necessary steps to inform Melrose Kitchen Ltd.

8.2 The e-mail address given by the customers must be valid. All information related to the order will be transmitted via this channel. Customers are responsible for checking e-mails, in particular spam or junk e-mails. Communications sent by e-mail are deemed to have been received at the latest 24 (twenty-four) hours after being sent by Melrose Kitchen Ltd. Registration of a customer account is free of charge. Customers are reminded that the personal password of the customer account is strictly confidential and must not be passed on to third parties.

 

9. Purchase

The product is mainly available on the Website, and through a network of distributors authorized by the brand. Please refer to the following link: website address or find the list of authorized distributors. Any other so-called reseller is illegal.

 

10. Availability

Melrose Kitchen Ltd. does not guarantee the availability of the Product. The availability is limited to the production capacity. If the Product is out of stock, the customer will be notified as soon as possible.

 

11. Delivery

11.1 The delivery of the Product is carried out by the Swiss Post; for orders from Customers with their permanent residence in Switzerland, all other Customers whose usual residence/domicile is outside Switzerland, the delivery will be carried out by UPS. The customer assumes in all circumstances the responsibility for the product delivered.

11.2 Customers undertake to provide accurate and valid contact details. In case of non-delivery due to an incorrect or inaccurate address, Melrose Kitchen Ltd will not be held responsible. No orders will be placed with customers who are minors or who do not have legal capacity, except with the written authorization of their legal representatives or guardians.

11.3 The transfer of risks and profits are transferred to the Customers on the orders placed as of the handing-over of the goods to the conveyor or at the exit of the buildings.

 

12. Warranty

The warranty conditions of Melrose Kitchen Ltd. are two years, in accordance with Swiss law and the European Union Directive 2011/83 on consumer rights of 25 October 2011. The information transmitted by the Website is provided mainly for information purposes and may not in any case engage the responsibility of Melrose Kitchen Ltd. The Website cannot be held responsible for any errors and/or omissions that the Website may contain.
The Customers, by using the Website, assume all the negative consequences that could result from this use. In particular, they must take all necessary precautions to protect their data and/or stored software against any damage (virus, hacking). Any damage caused intentionally or by negligent use of the product is not covered.
The warranty does not cover any damage on any part of the Product resulting from anormal use, lack of care, negligence, accidents, incorrect use of the Product and non-observance of the directions provided by Melrose Kitchen Ltd. The warranty does not cover natural wear and tear on our products. Worn edges or corners, natural fading and softening of materials is to be expected. The warranty does not cover issues/changes/damages or similar that occur due to negligent use, or does it cover normal wear and tear.

 

13. Returns, exchanges and cancellations

Melrose Kitchen Ltd. provides for a right of return under the following conditions:

13.1 Any products, purchased from the Online Boutique can be returned for a full refund, exchange or store credit within 14 days of delivery. Orders over CHF 100 are eligible for complimentary return and replacement shipments. Please note that the product must be in unused condition for us to be able to grant refund. We do not accept any refunds where the product shows the slightest sign of use or if the product is personalized with initial. We recommend taking a picture of how you have packed your return for future references.

13.2 In order to make a return or exchange your product, you must contact the client care at contact@melrosekitchen.ch to schedule the return and receive a prepaid return label. Melrose Kitchen Ltd cannot guarantee receipt if return shipments are sent using other shipping methods than the one provided by us. Expedited shipping charges are non-refundable. Please note that returns that was made without contacting customer service may be refused.

13.3 Please note that the package must be dispatched within 7 Days upon receipt of the prepaid return label. If your order is not eligible for free returns it must be dispatched within 7 Days of notifying us of your intent to return your order.

13.4 For international customers where the order does not reach at least CHF 60, the customer is responsible for the return shipping. Once we receive it back and verify it’s unused, the return will be processed and a full refund will be issued.

13.5 We recommend arranging for your return with UPS and cannot guarantee receipt of returns process by any other carrier.

13.6 We require that you send your return within 5 days of receiving a return label, or we reserve the rights to decline it.

13.7 We cannot guarantee cancellation of an order before dispatch, therefore we ask of you to play close attention during the order process.

 

14. Force majeure

If Melrose Kitchen Ltd., its suppliers or commissioned third parties are unable to perform within the agreed timeframe due to force majeure, for example : Natural disasters, earthquakes, volcanic eruptions, avalanches, bad weather, storms, war, political or social unrest, civil war, revolution and insurrection, terrorism, sabotage, strikes or nuclear accidents or damage to nuclear reactors or pandemics, Melrose Kitchen Ltd. is released from the obligation to perform during these cases of force majeure and for an appropriate period of time after the end of these events. If the duration of the force majeure event exceeds 30 (thirty) days, Melrose Kitchen Ltd is entitled to withdraw from the contract and Melrose Kitchen Ltd. will refund the total amount paid by the customers. All other claims, in particular those concerning claims for damages resulting from force majeure, are excluded.

 

15. Terms of Payment

15.1 Payments must be made in Swiss francs (CHF). The Price is paid by secure payment, according to the following modalities: payment by credit card. The price is payable at 100% (one hundred) by the customers the day of the order.

15.2 Payment datas are exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions on the Website.

15.3 Payments made by customers will only be considered final after Melrose Kitchen Ltd. has received the amounts due.

15.4 Melrose Kitchen Ltd will not be obliged to deliver the Products ordered by the Customers if the latter have not paid the price in full under the conditions mentioned above.

 

16. Applicable law and place of jurisdiction

16.1 The place of jurisdiction is the headquarters of Melrose Kitchen Ltd in Geneva. In the event of a dispute, Swiss law is applicable (and more specifically articles 184 and following of the Swiss Code of Obligations).

16.2 In the event of a dispute or litigation, the customer is invited to contact Melrose Kitchen Ltd. If no agreement can be reached, it will be proposed to resort to a mediation procedure which will take place out of court. To initiate this mediation, Melrose Kitchen Ltd. and Melrose Kitchen Ltd customers may contact the mediator of their choice.

16.3 In the absence of an amicable agreement, any dispute will be handled by the District Court of Geneva. The present GTC and the operations resulting from it are governed by and subject to Swiss law. Melrose Kitchen Ltd and the customers of Melrose Kitchen Ltd are also entitled to file a claim at the place of residence of the customers.

16.4 These GTC are written in English. If they are translated into one or more foreign languages, only the english text is binding in the event of a dispute.

 

17. Hyperlinks:

The Website may contain hyperlinks to other Websites (Instagram, Facebook, Twitter, etc.). Melrose Kitchen Ltd cannot be held responsible for any damage resulting from the consultation of the platform of these sites or resulting from their content.

 

18. Data protection:

Melrose Kitchen Ltd. uses and processes the personal data of the customers collected through the Website in order to perform its mission as well as to make the use of the Website as optimal as possible. For further information on data protection, please refer to the Company's Data Protection Statement.

 

19. Saving clause:

The validity of these General Terms and Conditions of Sale shall not be affected if any of its provisions or appendices is/are declared invalid. In this case, the invalid provision shall be replaced by a valid provision that comes close to the purpose of the invalid provision. The same applies in the case of a possible contractual loophole.

 

20. Contact details:

• Melrose Kitchen Ltd.
• Place des Berges 3 1201 Geneva
• Switzerland

 

21. Contact

If you have any questions, please refer to the FAQ section of our website. For any other question, please contact our customer service at contact@melrosekitchen.ch The General Terms and Conditions of Sale are protected by copyright. Any reproduction, distribution or other use of the General Terms and Conditions of Business, whether in modified or unmodified form, is prohibited without the prior written consent of the author. Unauthorised use of the General Terms and Conditions will be prosecuted.