Last updated July 19, 2022.

1. Scope
   • This page, as well as the documents referenced herein, serve to inform you of the terms and conditions (“Terms”) that apply when you purchase any products (“Products”) via the Buzz Delivery Sàrl (“Buzz”, “us”, “we”, “our”) mobile application (“App”).
   • Please read these Terms carefully before creating an account and ordering any Products via the App. By downloading the App and creating an account, you confirm that you have read and accepted the Terms.
   • These Terms may change from time to time and you are bound by the most recent version of the Terms when using the App. The date of the last change to these Terms is listed at the top of this page, and you should ensure that you understand the current Terms prior to using the App. We are not required to seek the permission of any party before altering the Terms. Changes to the Terms will not affect orders that you have already placed and we have confirmed.
   • These Terms are final and we will not accept any alternatives. Please address any questions relating to the Terms to info@buzzdelivery.ch.

2. About Buzz
   • The buzzdelivery.ch website (“Website”) and our App are operated by Buzz Delivery Sàrl. Buzz Delivery Sàrl is a company registered in Switzerland, whose registered address is at Quai Wilson 41, 1201, Geneva, Switzerland. Buzz Delivery Sàrl’s UID is CHE-367.187.761.
   • We can be contacted at info@buzzdelivery.ch.
   • If we need to contact you, we will do so either via the App or via the e-mail address or telephone number linked to your account.
   • We offer a service (“Service”) via our App that connects customers (“you”, “your”, “customer”, “customer’s”) to our local warehouses and allows you to order Products for delivery to a designated address. Your order is received and processed via the App, and your Products are delivered to you by Buzz.

3. Our contract with you
   • Products displayed in our App act as a binding offer by us to conclude a contract with you for the items.
   • You can add Products to your cart by following the on-screen instructions in the App. You can check and correct any errors in your order until you place your order by pressing “Order” on the ‘Checkout’ page. You cannot change or cancel your order after this point.
   • After you press “Order” on the ‘Checkout’ page of our App, an attempt will be made to take payment from your chosen payment method.
   • If payment is successful, we will then manually accept or cancel your order. If we accept it, you will receive a confirmation email containing your order number and informing you that your order is being processed. A contract is only formed between Buzz and you upon dispatch of this confirmation email. If we choose to cancel your order for any reason, you will receive a full refund, including the delivery fee.
   • Merely placing Products into your cart does not constitute a binding contract.
   • We can only deliver Products to specific locations and therefore can only enter into a contract to deliver Products to those locations. Follow the prompts displayed in the App to find out if we can deliver to your desired address.
   • If we are unable to provide you with a Product in your order for any reason, we will contact you via the phone number linked to your account to find a suitable solution.
   • Products can only be ordered in reasonable quantities. We reserve the right to cancel your order or to deliver your order using multiple riders in the event that we deem your order’s size to be unreasonable. An unreasonably sized order is one which could place our rider in danger during the delivery process due to excessive weight or volume.
   • The contract can be concluded in English or French.

4. Your account
   • In order to use our Service you must create an account via the App.
   • To create an account via the App you must provide your full name, address, telephone number, email address, and password.
   • You may also register with your Google account or Apple ID.
   • It is your responsibility to ensure that all your personal details that you input into the App are accurate.
   • It is your responsibility to keep your password secret and to prevent others from accessing your email account, mobile phone, and Buzz account. If an unauthorized person accesses your Buzz account, you are personally responsible to pay for any Products they order, and we are not responsible for any losses you incur, unless the unauthorized person obtained access to your Buzz account because we failed to keep your account’s password secure.
   • You must notify us immediately if you become aware of any unauthorized use of your account.

5. Prices
   • The prices of our Products are displayed on their respective pages within the App and include all applicable VAT.
   • We reserve the right to change the prices displayed within the App at any time and for any reason. Price changes will not affect existing confirmed orders unless there is evidence of a clear pricing mistake.
   • Buzz charges a flat fee for delivery which is presented to you at the checkout stage of the order process, before you place your order. We reserve the right to change the delivery fee at any time and for any reason. Price changes will not affect existing confirmed orders unless there is evidence of a clear pricing mistake.
   • The total price of your order is broken down and presented to you at the checkout stage of the order process, before you place your order. The total price includes the price of all Products in your basket as well as the Delivery Fee and optional charity donation.
   • Following completion of an order you will have the option to pay a tip to your delivery rider via the App. Payment for tips will be collected from the payment method used to complete the relevant order and the delivery rider will receive 100% of the tip.

6. Payment
   • Payment of the total order amount, including the delivery fee, is due immediately upon placement of your order.
   • Payment can only be made via the App.
   • Accepted payment methods are listed in the App. We may add or remove accepted payment methods at any time and for any reason. Cash is not an accepted payment method.
   • Upon confirmation of your order, you will receive your invoice for your records by email at the email address linked to your account.

7. Delivery and delivery times
   • We deliver between the hours displayed on the Website and App. These hours may change at any time and for any reason.
   • Our delivery radius is displayed on the Website and App. Our delivery radius may change at any time and for any reason. In-store pickup of orders is not possible.
   • If you attempt to place an order outside our delivery hours or outside our delivery radius, or if the App is unavailable for any reason, you will be notified that your order cannot be placed.
   • We aim to deliver orders within 15 minutes of order confirmation, but make no guarantee that any given order will be delivered in that time. Orders can, from time to time, be delayed for a number of reasons including, but not limited to, lack of rider availability, heightened customer demand, heightened traffic, and challenging weather conditions.
   • Orders will be delivered to the address you provide during the checkout process. You bear sole responsibility for providing Buzz with a correct and complete delivery address along with the necessary delivery instructions. We will not accept any complaint relating to delayed deliveries if they are found to have been caused by incorrect or incomplete information provided by you.
   • You may not change the delivery address after placing an order.
   • You must be available to accept delivery at your chosen address from the moment you place your order. If you request that we deliver your order unattended at your chosen address, Buzz expressly disclaims all liability which may arise as a result of your delivery being left unattended. This includes, but is not limited to, destruction, theft, tampering, damage due to temperature change, contamination, and misplacement.
   • If delivery cannot be completed due to an act or omission of yours, you will still be charged the full amount of your order, including the delivery fee. Reasons you may be responsible for a failed delivery include, but are not limited to, not opening your door, not responding to knocking or bell ringing, not responding to the rider’s attempts to contact you, responding to the rider’s attempts to contact you but failing to provide access within a reasonable amount of time, and providing an incorrect or incomplete delivery address.

8. Age restricted Products
   • Buzz sells a number of age restricted Products which include, but are not limited to, alcohol, cigarettes, and tobacco. These products may only be purchased by and delivered to persons aged 18 or over.
   • By placing an order including age restricted Products, you confirm that you are aged 18 or over.
   • Our rider will require you to present photo ID upon delivery if your order contains age restricted Products. Our rider will refuse delivery of age restricted Products if you fail to adequately verify your age and if an alternative adult is not available.
   • Our rider may refuse to deliver alcohol to any person who is, or appears to be, under the influence of alcohol or drugs.
   • If our rider refuses to deliver an age restricted Product, you will be refunded for those specific products but will still be charged for the remaining products in your order as well as for the delivery fee.

9. Promotional offers
   • Buzz may offer promotional codes that you can use on your order.
   • Promotional codes may be subject to certain conditions, including, but not limited to, time limits, geographic limits, limits to a specific type of customer such as new customers only, and Product or category limits. Please refer to a promotion’s conditions before use.
   • You can apply a promotional code on the ‘Checkout’ page in the App. Unless stated otherwise, promotional codes can only be used once per customer. Only one promotional code can be applied per order.
   • Promotional codes have no monetary value and cannot be redeemed for cash.
   • We reserve the right to revoke your use of a promotional code if we suspect that you are violating the promotion’s terms and conditions, abusing the promotional code system, or attempting to abuse the promotional code system. Abuse of the promotional code system includes, but is not limited to, creating multiple accounts to take advantage of single-use promotional codes, using an identity other than one’s own, masking one’s identity by manipulating IP addresses, and using macros, scripts, and other automated means to redeem promotional codes.

10. Right of withdrawal
    • You are legally entitled to a 14-day right of withdrawal from your contract with Buzz and to receive a refund for your order for any reason.
    • The 14-day window begins from the moment your order is delivered.
    • Your right of withdrawal can be exercised by contacting Buzz by post or email with a clear declaration of your decision to withdraw from the contract. You must exercise your right of withdrawal within the 14-day window defined above.
    • Upon our receipt of the Products that formed part of the contract that is being withdrawn from, we will refund the full amount of your order, including the delivery fee, to the payment method you originally used to place the order.
    • We must receive the Products within the 14-day withdrawal window. We will bear the costs of recovering the Products unless they are located at a place other than the address we delivered them to, in which case the cost will be yours to bear.
    • The right of withdrawal does not apply to contracts for the following Products:
      • Products which have been unsealed.
      • Products whose expiration date has been exceeded during the 14-day window.
      • Products which have spoiled or perished during the 14-day window.
      • Products which are likely to spoil or perish during the 14-day window.

11. Account termination
    • You may delete your account at any time in the ‘Settings’ page of the App or by emailing info@buzzdelivery.ch.
    • We reserve the right to terminate your account at any time and for any reason. Should we decide to terminate your account, you will receive notification of such termination via the email address linked to your account. Reasons why we may terminate your account include, but are not limited to, situations where we believe that somebody other than you is using your account, and situations where we believe that you are abusing our Service, for example applying for refunds we do not believe you are entitled to, mistreating our staff, repeated unreasonable complaints, and any other reasonable reason.
    • Termination of your account does not affect your legal rights.

12. Intellectual property
    • We are the owner or the licensee of all intellectual property rights on our Website and App, and in the material published on both. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    • You may print or download extracts of any page from our Website and App for your personal use and you may draw the attention of others within your organisation to content posted on our Website and App.
    • You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    • Our status (and that of any identified contributors) as the authors of content on our Website and App must always be acknowledged.
    • You may not use any part of the content on our Website and App for commercial purposes without obtaining written permission from us.
    • If you print, copy, download, share, or repost any part of our Website or App in breach of these Terms, your right to use our Website and App will cease immediately.

13. Limitations and exclusions of liability
    • We are liable for damages caused by us, our legal representatives, and vicarious agents in respect of the following situations:
      • Injury to life, body, or health.
      • Intentional or grossly negligent breaches of duty.
      • Warranty claims, if promised and applicable.
      • Insofar as the Product Liability Act applies.
    • Our Service is intended to be used by consumers (end users of our Products). As such, we are not liable for any losses that arise from the use of our Service or Products for commercial, business, or resale purposes. Such losses include, but are not limited to, loss of profit, loss of business, loss of business opportunity, and business interruption.
    • We will not be deemed to be in breach of our contract with you or of these Terms if we fail to perform our obligations or are delayed in performing our obligations as a result of any cause or circumstance that is beyond our control including, but not limited to, traffic, accidents, fire, flood and other acts of God, strikes, riots, protests, civil unrest, acts of terrorism or war, and equipment or IT malfunctions.

14. Reliance on information posted on our Website or App
    • Commentary and other content posted on our Website and App are provided for general information only. They are not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date. We disclaim all liability arising from reliance placed on such materials by any user of our Website or App or by any person who may be informed of their contents.

15. Data processing and protection
    • We process your personal data in accordance with our Privacy Policy which can be found on our Website and in our App.

16. Other terms
    • All contracts are concluded between Buzz and you. No third party is granted any rights in the contract between Buzz and you. No person other than Buzz and you can enforce the Terms of the contract.
    • If a court finds one or multiple Terms herein to be unlawful, the remaining Terms will continue to apply fully.
    • Swiss law applies to these Terms. Any dispute arising from, or in connection with, these Terms will only be dealt with by the courts of the canton of Geneva, Switzerland.
    • Your legal rights are not affected by the Terms.