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Terms and Conditions

Welcome to https://shop.lesmartcake.ch , a website (“Site“) specialized in selling artisanal products naturally free of gluten and lactose, reduced in sugar and made with added nutrients (collectively “Services") provided by Le Smart Cake SARL, Chemin de Villardiez 18, 1009 Pully, Switzerland (“LSC").

Use of Services

  1. Acceptance of Terms and Conditions for Online Services

    1. By accessing and using the Services you express your consent to be bound by these Terms and Conditions of Use and Online Sale (“Terms“), by which you declare to have already reviewed and understood it.
    2. LSC reserves the right to modify and change the Terms at any time and at its sole discretion. It is your responsibility to consult them regularly at shop.lesmartcake.ch in order to be informed of any changes.
    3. By using the Services, you acknowledge that the fact of posting the revised Terms on the Site is sufficient to make any alteration or revision against you. Continued access and use the Services after a change means that you totally agree to these changes.


  2. Content

    1. The content of the Services, particularly the Site and the photos of the products, is offered to you in an unchanged manner and may not be used, reproduced, distributed, transmitted, disseminated, represented, sold, transferred or otherwise exploited for any other purpose except for the purpose of consultation and use. For this sole purpose, LSC provides you with limited, revocable, and non-exclusive access to the Services in accordance with these Terms.
    2. You agree not to violate any legal standard or use the Services for any unlawful purpose; not to violate the intellectual property of LSC or third parties; not to provide any false, incomplete or inaccurate information; not to use any viruses, Trojans, worms, time bombs, or any other programs designed to damage, impact negatively, intercept or counteract with any system, data or personal information.


  3. Account, password and security

    1. You are responsible for the quality and confidentiality of your username and password set in the process of your registration as a client, as well as any activity generated on your account and with the use of your password (“Customer Account“).
    2. You agree to inform immediately LSC of any fraudulent use of your Customer Account and any other breach of security, as well as to ensure that you sign out of your Customer Account at the end of each session (disconnection). LSC can not be held responsible for any loss or damage resulting from your failure to comply with any provision of the Terms.


  4. Copyright and trademark

    The name of LSC, its logo as well as the Site and its contents, including the images of the products, are protected by the copyright and the trademark right.


  5. Modification of the Services

    LSC reserves the right to modify or to suspend the Services temporarily or permanently, including the Site (or any part thereof) at any time and without prior notice. You agree that LSC shall not be liable to you or any third party for any modification, suspension or termination of the Services. Any part of the content of the Services may be out of date at any time and LSC has no obligation to update this content regularly.


  6. Termination

    1. LSC may delete your access to all or the part of the Services (for example to delete your Customer Account) at its sole discretion and at any time without any liability to you, with or without reason, with or without prior notice.
    2. You agree that LSC may, at its sole discretion, discontinue your use of the Services for а variety of reasons, including among other things, non-use or the violation of any provision of the Terms. LSC may also discontinue providing the Services or any part thereof, at its sole discretion and at any time, with or without notice. In addition, you agree that LSC will not be responsible in any way to you or any third party for cancellation of your access to the Services or termination of rendering of the Services.

Conditions of sale

  1. Prerequisites for the order

    1. By accessing and using the Services, you ensure to be a person of legal age in your country of residence, to be at least eighteen (18) years old and to be entitled to exercise civil rights. For minors or for the person subject to an adult protection measure, the consent(s) of the legal representative(s) is (are) required.
    2. You agree to provide exact, accurate, current and complete information about yourself during the validation of an order or the use of another Service as prompted by the required form. If you provide information that is inexact, inaccurate, non-current or incomplete, or if LSC has reasonable grounds to suspect that you have acted in an above-mentioned manner, or if it has reason to consider that you have failed to comply with any provision of Terms, LSC has the right to deny all current or future access and use of the Services (or any part thereof) without having to justify its decision.


  2. Prices

    1. The prices indicated on the Site are net value, indicated in Swiss francs, including VAT if applicable. Shipping costs, that are not included in the mentioned prices, are added to them.
    2. LSC reserves the right to immediately reflect any change of the applicable VAT rate in the prices displayed on the Site.
    3. The prices displayed on the Site may be modified at any time without prior notice from LSC and without any liability on its part. However, these price changes will not have an influence on the orders already made and confirmed.


  3. Conclusion of an order, terms and conditions of payment

    1. Any order made via the Site is considered to be an offer for entering into a contract of sale between you and LSC in accordance with Terms.
    2. The products sold on the Site are accurate and exactly described and presented by LSC, without prejudice to the provisions of the above-mentioned Article 6. Despite all the precautions of LSC, if errors are found in these descriptions and presentations, LSC will endeavor to correct them as soon as possible.
    3. Any order made on the Site must be paid before delivery. The payment will be deemed made only if LSC receives the payment of the full amount indicated on each order via the Site.
    4. You will be prompted to enter and verify your personal information through your Customer Account, which will be useful for the delivery (for example the delivery method).
    5. The payment of your order is made by credit card through the payment service PayPal.
    6. All the orders are subject to a logistics check for the availability of products and stocks. If a product is not available in stock, LSC will inform you about the approximate delivery time by e-mail, which is provided for information purposes only by LSC.
    7. The contract of sale is considered concluded only after your confirmation of acceptance of the Terms, verification of your personal information, receipt of your payment by LSC, verification and confirmation of your payment, an email regarding the confirmation of the order sent by LSC, which contains the details of your order.


  4. Discount vouchers

    1. In case of reaching a certain amount of purchase and/or order, LSC may at its sole discretion grant you discount vouchers.
    2. Coupons can be used for an order on the Site, provided that the amount of this order is equal to or greater than the minimum amount indicated on the coupon unless otherwise mentioned on the coupon. They are valid until the date indicated on each coupon.
    3. It is prohibited to accumulate several coupons per order or use them retroactively for products ordered through the Site.
    4. Actives in the form of coupons can not be converted into cash and can not be subject to interest payments.


  5. Delivery

    1. The delivery is made at your expense according to the weight of the package, and it will be indicated at the time of the validation of your order. You understand and agree that LSC can not be responsible for any damage resulting from the delivery such as theft, loss, delay or other problem caused by the post.
    2. The ordered and available products are sent by post within an indicative time frame of 2 to 5 working days. During commercially busy periods, such as the holiday season, the time indicated for the delivery can be extended.


  6. Absence of guarantee and right of return

    1. Subject to any applicable legal provisions, especially regarding public health on foodstuff, LSC excludes any guarantee on its part for the products ordered via the Site.
    2. In case of error concerning only the delivery of the order (inaccurate quantity, inaccurate product category, inaccurate flavor), such type of products may be subject to refund in the manner described in this article 12. The shipping costs incurred for the return of the product is under our responsibility.
    3. In order to benefit from the right of refund, you are responsible to contact LSC’s customer service department without delay at bonjour@lesmartcake.ch within 5 business days and to indicate your order number, your personal information and the reasons of the return for the improvement of our Services. LSC customer service will tell you how you may receive your refund, or store credit.
    4. Following your request, LSC will make every effort to ensure the delivery of your order by correcting the previous error. If you do not wish to get this new delivery, LSC will offer you the choice to obtain the refund of your order or a credit which will be sent directly to your Customer Account in the form of loyalty points that you can deduct from your next order(s) on the Site without minimum purchase amount and without time limit.
    5. Upon receipt of a refund request, LSC will undertake its verification. If the refund conditions have been fulfilled and respected and the refund option is chosen by you, LSC will proceed within approximately 7 business days.

Common provisions

  1. Exemption clause

    1. You access and use the Services at your own risk. The Services and their content, including descriptions and presentations of the products offered and sold on the Site, are provided on “as is” and “as available” basis. LSC expressly disclaims, and you disclaim all warranties of any kind, whether expressed or implied, including but not limited to any implied warranties of fitness for a particular purpose, quality or availability of the Services.
    2. LSC makes no warranties or representations that (i) the Services and their content will meet your needs, (ii) the Services, will be uninterrupted, punctual, secure or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, and (iv) any content error will be corrected.
    3. Any downloaded or otherwise obtained content through the use of the Services is at your own risk, and you will be solely responsible for any caused damage to your computer system or any loss of data that results from downloading such content.


  2. Indemnification

    You agree to indemnify LSC, its subsidiaries, partners and employees, and to release them from liability for all types of liabilities, losses, damages, claims, penalties, fines, costs, and expenses, including but not limited, attorney’s reasonable fees, which may arise in connection with: (i) your access and use of the Services, including but not limited, any content whatsoever, any order of products via the Site, and your connection to the Site; or (ii) your failure to comply with any provision of the Terms.


  3. Limitation of liability

    You acknowledge and agree that LSC, its directors, employees, agents or other auxiliaries, are not liable for any direct, indirect, incidental, special or derivative damages, including but not limited to, damages for loss of profits, loss of clientele, realization, use, data or other intangible losses (even if LSC has been warned of the possibility of such damages) resulting from: (i) access and use of the Services or impossibility to access and use them, (ii) order of products through the Services, in particular via the Site, (iii) the cost of purchased goods and replacement services resulting from any goods, data, information or services obtained, or messages received or transactions made through the Services, including via the Site, or from them, (iv) unauthorized access to your data transmission or their alteration, (v) statements or the behavior of any third party or other members on the Site, (vi) the results of the Services, any sites linked to them and any content, whatever it may be broadcasted through them, or (vii) any another question related to the Services.


  4. Exclusions and limitations

    1. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. As a result, some of the limitations mentioned in theTerms may not apply to you.
    2. None of the dispositions in the Terms may affect your rights provided by law, exclude or restrict any liability, which can not be excluded or limited under applicable law.


  5. General information

    1. The Terms constitute the entire agreement between you and LSC with respect to access and use of the Services; they replace and cancel all prior agreements, arrangements and undertakings of any kind between you and LSC, whether verbal or written, concerning the access and the use of the Services. You may be subject to additional terms of use when you use the services of related companies, third-party content, or third-party software.
    2. The fact that LSC does not exercise or enforce any right or provision of the Terms, shall not constitute a waiver of such right or provision.
    3. If a provision of the Terms is found void, the parties nevertheless agree that their intentions that appear from the provision will be implemented as far as possible and that the other provisions of the Terms will remain in force and full effect. The titles of the articles of the Terms are only intended to facilitate the consultation and have no legal or contractual effect.
    4. You may not assign or transfer any of your rights or obligations or subcontract the performance of any of your obligations under the Terms. LSC may assign or transfer any right or obligation, or subcontract the performance of any of its obligations under the Terms to any third party and at any time without your consent (this consent is given by these provisions).


  6. Jurisdiction and applicable law

    1. The Terms and the relationship between you and LSC will be governed by Swiss material law, with the exception of its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (April 11, 1980).
    2. The parties agree to seek an amicable solution for any objection, claim or dispute in relation to the Terms, which must be submitted to the competent courts where LSC has its registered office, subject to appeal to the Federal Court.


  7. Contact

You can contact us at bonjour@lesmartcake.ch for any suggestions or comments.