General terms and conditions

1. Scope

The General Terms and Conditions (hereinafter referred to as "GTC") apply to all orders placed and contracts concluded (hereinafter referred to as "order") via the online platform of OCEA AG (hereinafter referred to as "citymarket.ch").
OCEA AG reserves the right to amend the GTC. The version of the GTC valid at the time of the order shall apply. It cannot be changed unilaterally for the order in question.

Specific terms and conditions are applied by the various service providers operating on the citymarket.ch platform. With each order, you must accept all the terms and conditions of OCEA AG and the online shop operator. In the event of a dispute, the general terms and conditions of the operator take precedence over those of OCEA SA.

The French version of the general terms and conditions is authoritative in the event of a dispute.

2. Offer

The offer is aimed at natural or legal persons who have their domicile or registered office in Switzerland or Liechtenstein. The products will only be delivered to addresses in Switzerland or Liechtenstein. The offer is valid as long as it appears in the online shop and while stocks last. Price and range changes are possible at any time. The images shown in advertisements, brochures, the online shop, etc., as well as all product information (list of ingredients, nutritional values, food facts, allergen information, etc.) are for illustrative purposes only and are not binding. The specific information on the product packaging is decisive.

3. Price

All prices are in Swiss francs (CHF). The purchase price (PP) is always stated exclusive of VAT and recycling tax (RT). The price shown in the online shop at the time of ordering is binding.

4. Order

The display of products in the online shop is not legally binding. This is an online catalogue, which is intended as a guide to encourage customers to order the product in this way. The sale of tobacco and alcohol is prohibited by law in Switzerland and Liechtenstein for persons under 18 years of age. Customers who purchase such products certify that they are at least 18 years old. In the case of a first order including tobacco or alcohol, payment can only be made by credit card. An order in this context is considered to be an application for the conclusion of a contract with citymarket.ch
After submitting the order, the customer will automatically receive an acknowledgement of receipt, which confirms that the order has been received by citymarket.ch. The customer can no longer complete or cancel the order once it has been processed in one of our logistics centres. If an order is completed, the original order is used as the basis for calculation, but any special offers and discounts valid at the time of completion are not taken into account.
citymarket.ch may, without justification, refuse all or part of the order. In this case, the customer is informed and any payments already made are refunded. Any further claims are excluded, in particular products that are not available are not delivered later. Temporarily unavailable products cannot be reserved.

5. Conclusion of contract

The contract is concluded after the order has been processed in the logistics centre of the webshop operator. As soon as the order is ready to be dispatched from the logistics centre, the customer receives an order confirmation by e-mail.

6. Delivery

Delivery area
The customer's delivery address must be in Switzerland or in the Principality of Liechtenstein.

Delivery times

No deliveries are made on Sundays or on official national and cantonal holidays. If the customer is not present at the time of delivery and has not given specific instructions for delivery, the goods will be deposited in front of the door of the house or flat, or at the reception desk, or in front of the business entrance. The customer is responsible for the delivered goods, even if he/she has not taken delivery of them himself/herself.

Delivery costs

The delivery costs are stated in the general terms and conditions of the shop operator.

7. Warranty

citymarket.ch fulfill its guarantee through either partial or complete replacement by an equivalent product, a reduction in price or by issuing a credit note up to the sales price applicable at the time of the order.

8. Complaints

Should delivered products exhibit clear damage to their packaging or contents, the customer must immediately complain to the delivery staff and refuse acceptance thereof. All transport damage must also be reported immediately to the webshop operator.

9. The Information We Collect About You

We collect information about you directly from you and from third parties, as well as automatically through your use of our Site or Services. We may combine the information we collect about you from these sources.

To access most of the Services you must have an account with us. To register for an account, you must provide us certain information including your name and mail address, and other profile information.

We automatically collect information about you through your use of our Site and Services, including log files, IP address, app identifier, advertising ID, location info, browser type, device type, domain name, the website that led you to our Services, the website to which you go after leaving our Services, the dates and times you access our Services, and the links you click and your other activities within the Services. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

10. How We Use Your Information

We use your information, including your personal information, for the following purposes:

* To provide our Services to you, to communicate with you about your use of our Services, to respond to your inquiries, and for other customer service purposes.
* To tailor the content and information that we may send or display to you, to offer location customization and personalized help and instructions, and to otherwise personalize your experiences.
* To send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you.
* To better understand how users access and use our Site and Services, both on an aggregated and individualized basis, in order to improve our Site and Services, develop new services and features, and respond to user desires and preferences, and for other research and analytical purposes, including to analyze and understand usage and activity trends.
* To protect our own rights and interests, such as to resolve any disputes, enforce our Terms of Use, or to respond to legal process.

11. How We Share Your Information

We may share your information, including personal information, as follows:

Service Providers: We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf.

Business Transfers: If we are acquired by or merged with another company, if any part of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.

In Response to Legal Process: We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.

To Protect Us and Others: We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which citymarket.ch is involved.

12. Cookies and Other Tracking Mechanisms

We and our third party service providers use cookies and other tracking mechanisms to track information about your use of our Site or Services. We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).

Third Party Analytics: We use automated devices and applications to evaluate usage of our Site and, to the extent permitted, our Application. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your name and contact information with these third party analytics providers.

Do Not Track: Currently, our Site does not recognize browser “do-not-track” requests.

13. Security of your Personal Information

We have implemented safeguards to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware no data security measures can guarantee security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private.

14. Applicale law and jurisdiction

The place of jurisdiction is the registered office of OCEA AG. The purchaser expressly waives the jurisdiction of his place of residence and submits to the agreed jurisdiction. Our business activity is governed solely by Swiss law.

15. Contact / Customer Service

If you have any questions, please log on to the customer service portal of citymarket.ch or send a letter to the following address OCEA SA, Route de l'Etraz 26A, 1136 Bussy-Chardonney

Date: 2021-05 version: 1.1