General Terms and Conditions

 

1. Object and scope of the contract

By using the website www.swibeco.ch (hereinafter referred to as the Website) of Swibeco SA (UID CHE-421.031.907) (hereinafter referred to as Swibeco), the user of the Website (hereinafter referred to as the Customer(s)) declares that it accepts these General Terms and Conditions (hereinafter referred to as the T&Cs).

With the Website, Swibeco provides two types of solution, namely:

– The platform solution (hereinafter referred to as the Platform Solution), by means of which Swibeco provides Customers, whose Employer has subscribed to the Platform Solution, access to the Website, which allows them to enjoy various benefits, discounts and other commercial offers (hereinafter referred to as the Offer(s); and

– The Lunch Card solution (hereinafter referred to as the Lunch Card Solution), whereby Swibeco provides Customers, whose Employer has subscribed to the Lunch Card Solution, the means to pay for their meals using a prepaid meal card (hereinafter referred to as the Lunch Card(s)) in food establishments in Switzerland that accept Visa cards.

 

2. Platform Solution

2.1         Purchase of goods and services and promotion of commercial offers from Partners

2.1.1     On the Website, Customers can purchase goods and services offered directly by Swibeco, while stocks last, as part of a permanent or limited-time offer.

2.1.2     In addition, Customers have access to promotional offers from third party partner companies (hereinafter referred to as the Partner(s)) for which Swibeco carries out promotions. Partner offers are available while stocks last and for a limited time, according to the conditions set by the Partner.

§  With regards to Partner offers, Swibeco’s role is limited to promoting the Partner’s offer on its Website. If the Customer wishes to benefit from the offer made by the Partner, the Customer must contact the Partner directly. In this case, only the Partner and the Customer enter into a contractual relationship in connection with the purchase of products and services or any other benefits offered by the Partner, whereby Swibeco is excluded from the contractual relationship. In this case, Swibeco’s role is limited to the operations carried out on the Website and the publication and promotion of the Offers. In addition to these T&Cs, the general terms and conditions of the Partner with whom the Customer enters into a contractual relationship also apply between these parties, but in no way apply to Swibeco.

2.1.3     With regards to the products and services sold by Swibeco on the Website, Swibeco irrevocably declares that it assigns to the Customer all contractual and/or legal warranty rights for defects and any other contractual and/or legal claims in connection with the products and services sold. Swibeco’s customer service department is available to assist Customers with any questions, but the Customer is obliged, in particular, by virtue of the aforementioned assignment, to apply directly to the main manufacturer or distributor to assert warranty and/or other claims in connection with the products and services purchased on the Website.

2.2         Access to the Platform Solution and termination of access

2.2.1     The Customer’s access to the Platform Solution is subject to the conclusion and execution of a contract between Swibeco and the Customer’s Employer which governs the Customer’s access to the Platform Solution. The Customer shall therefore not be entitled to any right of access independent of the contract between Swibeco and the Customer’s Employer.

2.2.2     The Customer shall only have access to the items and information allocated during their registration period with Swibeco, according to the terms and conditions of their Employer and the contractual arrangements between their Employer and Swibeco.

2.2.3     If the Customer loses their access to the Platform Solution, for whatever reason, they may not assert any claim in relation to current, past or future Offers and lose all rights and benefits related to the Platform Solution. Any liability of Swibeco or compensation of any kind on the part of Swibeco is expressly excluded.

2.3         Product acquisition

2.3.1     The acquisition of a product by the Customer on the Platform Solution as part of an Offer consists of the purchase by the Customer on the Website of the product concerned at the price defined in the commercial offer concerned.

2.3.2     In the case of the purchase of a voucher to be used with a third-party company, the Customer may redeem it directly with the third-party company. If the Customer does not make use of the service or product which is the object of the voucher before the deadline stipulated in the voucher terms and conditions, they lose the right to said service or product, as well as, where applicable, to the discount conferred by the voucher, with no possibility of reimbursement.

2.3.3     The purchase procedure is described in the instructions displayed on the Website when the Customer clicks on the desired Offer.

2.4         Swibeco’s warranty and liability

2.4.1     Swibeco excludes all liability in connection with the performance and/or quality of the product or service acquired by the Customer from the third-party company by means of a voucher purchased on the Website, as well as in connection with any product or service acquired directly on the Website.

2.4.2     In particular, where Swibeco assigns the warranty rights in favour of the Customer pursuant to clause 2.1.3 above, the third-party company, to the exclusion of Swibeco, shall be solely responsible for the contractual and/or legal warranty for defects and for the proper performance of any other contractual and/or legal claims of the Customer in connection with the Offers.

2.4.3     However, if problems arise during the use of vouchers purchased on the platform, during the delivery of products acquired by means of a voucher purchased on the platform, during the performance of the service acquired by means of a voucher or during the delivery of a product or the performance of a service purchased directly on the platform, Swibeco undertakes to mediate between the Customer and the third party company and find an appropriate solution to the best of its ability. In the case of problems with a voucher, Swibeco’s intervention is subject to the condition that the Customer contacts Swibeco during the period of validity of the voucher in question. Any complaint on the part of the Customer must be made via the contact form on the Website or by telephone on the number displayed on the Website.

2.5         If any Price indicated on the Website is incorrect due to a technical error, the parties are entitled to withdraw from the contract in respect of a voucher or product purchased on the Website by means of a written notice. Any payment made by the Customer will then be refunded.

2.6         It is understood that Swibeco is not responsible for the quality and completeness of the products or services offered on the Website and that Swibeco may not be held liable in this respect. In any event, any liability of Swibeco, its representatives and staff in respect of the Customer is limited to intentional misconduct and gross negligence. Swibeco is not liable for consequential damages and loss of profit.

2.7         Prices

2.7.1     The price of products (including vouchers) and services purchased on the Website (hereinafter referred to as the Price) is stated in Swiss francs (CHF) and includes all taxes. If applicable, shipping fees are calculated separately and are indicated in the order summary. The total cost of the order depends on the shipping fees and the terms of payment (hereinafter referred to as the Costs). The costs are indicated during the ordering process.

2.7.2     The transaction for the purchase of the product or service subject to the Offer is validated when Swibeco has received the Customer’s payment, covering the Price and the Costs. The transaction is invalid if the payment could not be executed on the first attempt, for example because the account does not exist or has insufficient funds, because the credit card number is incorrect or because the credit card has reached its limit.

2.8         Payment methods

2.8.1     In the context of purchases made on the Website, the Customer may pay the Price and the related Costs by means of credit or debit cards, by purchase on account with a plan of payment by instalments offered by a service provider external to Swibeco, by using their Swipoints or by any other accepted method of payment listed on the Website that is visible to the Customer when selecting the Payment Method (hereinafter referred to as the Payment Method(s)).

2.8.2     Where applicable, the Customer is expressly referred to the general terms and conditions of the service providers external to Swibeco which provide the chosen Payment Method (e.g. service providers offering certified payment platforms, service providers offering payments on account etc.). Personal data entered during the payment process is never stored by Swibeco.

2.9         Swipoints

2.9.1     In accordance with clause 2.8 above, the Customer may pay the Price and the Costs using their Swipoints (hereinafter referred to as the Swipoint(s)).

2.9.2     Swipoints are credits that can only be used by the Customer on the Website, similar to “vouchers” in electronic form, which are generally purchased by the Employer on the basis of a separate agreement between the Employer and Swibeco and then given as a gift by the Employer to the Customer, and which allow the Customer to acquire – up to the value of the Swipoints held – products or services on the Website.

2.9.3     In some cases, Swipoints may also be given as a gift or discount by Swibeco or a Partner.

2.9.4     1 Swipoint corresponds to CHF 0.10. Swipoints have no expiry date. Swipoints do not represent any obligation of Swibeco towards the Customer; Swipoints do not represent any claim of the Customer towards Swibeco. Any cash refund of Swipoints by Swibeco to the Customer or their Employer is expressly excluded.

2.10       Delivery methods

2.10.1   Subject to other delivery arrangements specified in the Offer, vouchers purchased on the Website are sent digitally to the Customer by Swibeco.

2.10.2   Subject to any other delivery terms specified in the Offer, physical products purchased on the Website are shipped to the Customer by the manufacturer, an authorised distributor or a third-party company and Swibeco incurs no liability in relation thereto.

2.10.3   The deliveries referred to in Article 2.10.2 are made within Switzerland. Unless otherwise stated, delivery is made to the address indicated by the Customer during the registration or purchase process (hereinafter referred to as the Address). If the Products are shipped by a third-party company, the general terms and conditions of the third-party company apply.

2.10.4   If the Address is incorrect or incomplete or if the delivery cannot be made for any reason during normal business hours, Swibeco, or its delivery agent, reserves the right not to deliver to the Customer. In this case, the payments made by the Customer are refunded, after deduction of the delivery costs incurred. In the event of force majeure, the delivery time may be extended beyond that indicated on the Website. Cases of force majeure include strikes, lockouts, government intervention, shortage of energy or raw materials, traffic problems, technical failure due to fire, flooding, damage to equipment, lightning or any other unforeseen damage or difficulties for which Swibeco cannot be held responsible.

2.10.5   In the context of promotional offers for Partners, Swibeco does not guarantee the availability of the products or services in question and Swibeco does not incur any liability whatsoever in connection with the products or services purchased by the Customer directly from the Partner.

2.11       Verification obligation of the Client

2.11.1   The Customer shall check the contents of the delivery of the Voucher or Product upon receipt. If the delivered Voucher or Product does not correspond to what was ordered, if the delivered Voucher or Product does not live up to the Customer’s expectations (e.g. because it is defective or damaged) or if the delivery is incomplete, then the Customer must immediately inform the Partner (if the shipment was made by the Partner) or Swibeco (if the shipment was made by Swibeco, in its Role as Co-contractor, if applicable). In addition, the general terms and conditions of the Partner are reserved.

 

3. Lunch Card Solution

3.1         Description of the Lunch Card

3.1.1     The Lunch Card is a prepaid Visa debit card that allows the Customer to pay for food and beverages by card in any Visa-affiliated food or beverage establishment, up to the balance available on the Lunch Card. If the purchase exceeds the available balance on the Lunch Card, payment will be refused. Cash withdrawals are excluded.

3.1.2     The Lunch Card is a prepaid card issued by Cornèrcard. It is linked to a card account of which the Customer is the sole holder.

3.1.3     The general terms and conditions of Cornèr Bank Ltd shall apply. Swibeco urges the Customer to take note of the general terms and conditions of Cornèr Bank Ltd, which are unconditionally applicable to the Customer and are enclosed with the Lunch Card when it is sent to the Customer by the bank.

3.2         Setting up the Lunch Card

3.2.1     The Customer obtains a Lunch Card when their Employer has signed up for the Lunch Card Solution and has designated the Customer as a Lunch Card recipient.

3.2.2     At the request of the Customer’s Employer, the Lunch Card is issued in the Customer’s name and sent to the Customer by post from Cornèr Bank Ltd.

3.2.3     The Lunch Card is issued in the name of the Customer and is non-transferable.

3.2.4     Swibeco provides the Customer with the Lunch Card user guide which contains the terms and conditions for the management and use of the Lunch Card, explains how to check the available balance of the Lunch Card via an application (hereinafter referred to as the App), and how to block a stolen or lost Lunch Card.

3.3         Topping up the Lunch Card

3.3.1     The Customer’s Lunch Card is topped up exclusively by the Customer’s Employer. Neither the Customer nor any third party is permitted to top up the Lunch Card.

3.4         Costs of the Lunch Card

3.4.1     The costs of the Lunch Card are the subject of a contract between the Customer’s Employer and Swibeco. They are invoiced directly to the Customer’s Employer and not to the Customer. Any passing on of the Lunch Card costs from the Customer’s Employer to the Customer is governed by the contract concluded between these parties.

3.4.2     Subject to agreements to the contrary between the Customer and the Customer’s Employer, the cost of replacing a lost, stolen or damaged Lunch Card in the amount of CHF 20.- will be borne by the Customer and charged to the Customer’s Lunch Card by Cornèrcard if the replacement request is made by the Customer or the Customer’s Employer via Cornèrcard’s customer service (rather than by direct notification to Swibeco’s customer service).

3.5         Other terms and conditions/restrictions on the use of the Lunch Card

3.5.1     The Customer is referred to the contract between them and their Employer concerning, in particular, the matters of the monthly amount allocated to the Lunch Card and any specific restrictions on the use of the Lunch Card imposed by the Employer, in addition to these T&Cs and the general terms and conditions of Cornèr Bank Ltd.

3.5.2     In accordance with the general terms and conditions of Cornèr Bank Ltd, the Customer’s attention is drawn in particular to the fact that the catering establishment may require the Customer to identify themselves as the holder of the Lunch Card.

3.5.3     In the event of inability to pay due to technical reasons or uncertainty as to the legitimacy of the Lunch Card holder, the catering establishment is entitled to refuse payment by means of the Lunch Card and may require the use of another means of payment. In the event that the catering establishment notifies Swibeco of any doubt as to the legitimacy of a Lunch Card holder, Swibeco and Cornèrcard each reserve the right to block the Lunch Card in question without informing the Customer in advance. In addition, the general terms and conditions of Cornèr Bank Ltd are reserved.

3.6         Loss, theft or damage of the Lunch Card

3.6.1     In case of loss, theft or damage of the Lunch Card, the Customer or their Employer can block the card in the App, or by contacting the HR department of their Employer. Alternatively, the Customer or their Employer can have the Lunch Card blocked directly on the emergency number of Cornèr Bank Ltd.

3.6.2     With regard to the costs of replacing the Lunch Card in the event of a direct request by the Customer or their Employer to Cornèr Bank Ltd, reference is made to clause 3.4.2 above.

3.6.3     The cost of replacing the Lunch Card, in the event that it is blocked directly by the Customer’s Employer or by Swibeco’s customer service, is governed by the contract between the Customer’s Employer and Swibeco.

3.6.4     Upon receipt of the request to block the Lunch Card, Cornèr Bank Ltd will block the Lunch Card and, at the request of the Customer or the Customer’s Employer, issue a replacement Lunch Card to which the credit available at the time of blocking the old Lunch Card will be transferred.

3.6.5     Swibeco may not be held responsible for technical outages or the damage or fraudulent use of the card.

 

4. Changes, technical errors and limitation of liability

4.1         Swibeco reserves the right to modify, limit or discontinue at any time all or part of the Website, without prior notice or information, in particular in order to improve the Website or to remedy technical errors or for the purpose of maintenance, updating or development.

4.2      Swibeco excludes all liability for any damage resulting from interruptions, malfunctions, loss of data or alterations to the operation of the Website or the App which can be attributed, in whole or in part, to local conditions, the Customer’s IT infrastructure, human error, connection problems, communication problems, improper use of the Website, hacking or cyber-attacks, or the like, if the latter is not the result of gross negligence or wilful misconduct from Swibeco.

 

5. Intellectual property

5.1         All information and contacts available on the Website, including but not limited to trademarks, logos, service marks, copyrights, graphics, images, videos and data, are protected by Swiss law, including copyright and trademark law, and are the exclusive property of Swibeco and/or its Partners. The use and/or reproduction of these is prohibited without the prior written consent of Swibeco and its Partners.

 

6. Use and communication of personal data

6.1      Personal data and information provided by the Customer shall be used and managed in accordance with the laws and regulations applicable in Switzerland and Europe.

6.2      The data processing notice for clients applies. It can be accessed via the following link: https://www.swibeco.ch/en/information-notice-processing-of-personal-data/.

 

7. Modification of the T&Cs

7.1         Swibeco has the right to modify or amend the current T&Cs at any time without restriction or having to inform the Customer in advance.

 

8. Miscellaneous

8.1         These T&Cs constitute the entire agreement between the Customer and Swibeco relating to the use of the Website. The contracts concluded between the Customer and Swibeco in the context of the Offers in the Platform Solution are reserved. If any provision of these T&Cs is found to be invalid by a competent court, the invalidity of the specific provision shall not affect the validity of the remaining provisions of these T&Cs, which shall remain in full force and effect. No waiver of any condition of these T&Cs shall be deemed a new or continuing waiver and shall not constitute a waiver of any such right or provision by Swibeco.

 

9. Applicable law and place of jurisdiction

9.1         Swiss law is the law applicable to the relationships between the parties.

9.2         In the event of a dispute arising from these T&Cs, the exclusive place of jurisdiction shall be Lausanne, in the canton of Vaud.