General Terms and Conditions (GTCs) of EATbyalex

These GTCs (“General Terms and Conditions”) determine the rules for the use of this website (www.eatbyalex.com) and the EATbyalex brand, which is operated by EATbyalex Gmbh, Giessereistrasse 14, 8005 Zurich as well as the business relationship between you as the client and EATbyalex GmbH. Please read the terms carefully every time before ordering products. EATbyalex GmbH can adapt the conditions at any time.

1 ) Contractual partner

The contractual partner for all deliveries, services and offers is

EATbyalex GmbH

Giessereistrasse 14

8005 Zurich

Phone: +41 78 804 80 22

E-mail: hello@eatbyalex.com

hereinafter referred to as ‘EATbyalex’.

2) Ordering, processing and payment

2.1 If you want to conclude a contract you must complete the order form online with your desired dates and your personal details. You have to communicate the desired delivery address. Following the recipe of this information you will in turn get a e-mail from EATbyalex with the order confirmation if there is a space for you during the desired dates. In case you want to secure this space, the payment needs to be received by EATbyalex within 48 hours after receiving the e-mail confirmation otherwise the space will not be hold for you.

2.2.

The prices stated on the website shall be charged for the order. All prices are inclusive of VAT. Any delivery costs are not included in the price and will be added to the total price at the end of the order. The definite price of the delivery will only be communicated on the invoice delivered together with the order. The delivery cost is a minimum of CHF 35 per week for the daily delivery in central Zurich and will be charged in a commercially reasonable manner according to the actually incurred cost.

2.3 All orders must be paid by credit card, Paypal or bank transfer (see also section 5 below).

3) Cancellation

Cancellation is only possible free of charge if the cancellation request receives us in writing at least 5 Zurich business days before the first date of your choice (scheduled start).

Cancellations received less than 3 Zurich business days prior to delivery date (scheduled start) will incur 80% of the costs.

4) Security

4.1 Data protection

We collect, process and store your data to process your order as part of our customer service. The subcontractors (logisticians, couriers) commissioned by us for order processing also receive the necessary data in each case. Your correct address data is required for order processing. Your telephone number is used only for further inquiries and for an educational WhatsApp guidance group during the program. In the WhatsApp group the other participants are also able to see your phone number. If you do not agree to this, you need to timely inform EATbyalex and then this information will be passed on to you bilaterally.

4.2 Unfortunately, the transmission of data via the Internet is not completely secure. Although we take reasonable measures to protect your information, we cannot guarantee the security of your data. Any transmission of data is at your own risk.

5) Payment

 You can pay for your order by credit card, PayPal or by bank transfer. All payments are processed exclusively in CHF.

You enter your credit card details on our secure payment page. After your card has been checked and your credit card has been charged by our online payment service provider, you will receive a transaction confirmation by e-mail.

6) Delivery and pick-up

6.1 We deliver our packages by bicycle in and around the city of Zürich, including Zollikon, Küsnacht, Thalwil and Opfikon.

6.2 Delivery is performed by Genossenschaft Veloblitz, Stiftung Züriwerk and Flash Delivery Services AG. We reserve the right to refuse a delivery if the delivery address is outside the valid delivery area, if a previous delivery could not be delivered several times, or if the customer is not creditworthy. We reserve the right to contract with different couriers.

6.3 We will have the goods delivered to the address you indicated as the delivery address in the respective order on the EATbyalex website. You can enter one address in which case the delivery will take place at the indicated address from Monday to Thursday. 

We reserve the right not to delivery to all locations and will notify you upon registration if we do not deliver to your address.

The first delivery will be done on Monday of your scheduled start between 7:30 and 10:00 and the rest of the 4 deliveries will take place from Monday to Thursday between 15:30 and 19:00 of your specified dates.

6.4 The customer bears the responsibility and takes appropriate precautions to ensure that the delivery is personally received by someone at the delivery address on the selected date and time. If this is not the case, the parcels will be deposited in the customer mailbox whenever possible or in front of the entrance otherwise – in this case we are not liable for the order and do not grant any compensation.

6.5 You have the option to change the delivery address for daily delivery within 48 hours before the respective delivery by e-mail to hello@eatbyalex.com, provided they are within the delivery areas.

6.6 We endeavour to meet all your delivery wishes to the best of our knowledge and belief but cannot guarantee that the delivery can be delivered daily within the time window specified above. We are not liable for delayed deliveries. The delivery date and time is not the subject of our contract.

6.7 If we are unable to deliver your delivery due to force majeure or only late, we will of course try our best to help you, but accept no liability for any inconvenience or losses incurred.

6.8 You are responsible for checking all deliveries for completeness and correctness as soon as possible after receipt and for notifying us immediately by telephone or e-mail if something is missing or faulty.

6.9 If you do not notify us of incomplete or faulty deliveries by 11 pm of the day of delivery at the latest, we reserve the right not to credit or replace the delivery to you, but to treat it as if it had been made for that day, unless we agree otherwise. This does not affect warranty claims.

6.10 You have the option to pick-up your daily packages at the EATbyalex Kitchen Lab. The customer bears the responsibility and takes appropriate precautions to ensure collection between 16:00 and 17:00. The Kitchen Lab address is Langstrasse 62, 8004 Zurich.

7) Information on our website, brochures or other materials about nutrition & health

7.1 Although it is our goal to offer balanced meals from a nutritional point of view, our offer does not replace comprehensive personal advice by a qualified nutrition expert. We cannot guarantee compliance with specific nutrition or dietary regulations. We do not take special dietary requirements into account and refer you to your doctor.

7.2 The EATbyalex programs are not equally suitable for everyone and should not be used in cases of severe impairment of the digestive system or during pregnancy and breastfeeding without prior consultancy and consent of your doctor.

7.3 Even if we provide you with general information about health and nutrition on our website and in other information material, this information is not equivalent to medical advice and is not designed to meet your specific personal requirements. This information does not claim to be complete or correct and in no case replaces medical or pharmaceutical advice from a physician. No liability is assumed for damages of any kind arising directly or indirectly from the application or use of the information. Please read all product supplements and dosage recommendations carefully and consult your doctor or specialist if you have any questions about their use and mode of action.

7.4 EATbyalex produces its food in a kitchen that also processes food containing wheat, gluten, soy, milk, egg, meat, fish, shellfish or any other allergens. It is therefore not possible to exclude the possibility that traces of all of the above ingredients may also be present in gluten-free, vegan, soy-free foods or any other “free of” foods.

8) Warranty

If the delivered goods are defective, we are initially entitled to subsequent performance. If subsequent performance is not provided within a reasonable period of time, you can withdraw from the purchase contract in the case of a not insignificant defect, demand a reduction in the purchase price appropriate to the defect (reduction).

9) Liability

9.1 If the customer is a consumer, EATbyalex liability for slightly negligent breach of duty is limited to the foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breach of duty by employees, representatives or vicarious agents of EATbyalex.

9.2 If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, claims for damages are excluded irrespective of the type of breach of duty, including tortious acts, unless intentional or grossly negligent action is involved. In case of breach of essential contractual obligations EATbyalex is liable for any negligence, but only up to the amount of the foreseeable damage. Claims for lost profit, saved expenses, claims for damages of third parties as well as other indirect damages and consequential damages cannot be demanded.

9.3 As far as the liability of EATbyalex is excluded or limited, this also applies to employees, representatives and vicarious agents of EATbyalex.

9.4 The limitations of liability and exclusions according to 9.1, 9.2 and 9.3 do not apply to claims which have arisen due to malicious behaviour of EATbyalex as well as liability for guaranteed quality characteristics, for claims according to the Product Liability Act as well as damages from injury to life, body or health.

10) Copyright

This website and the content published on it (including photographs and graphic elements) are protected worldwide by copyrights and other protective rights; these belong to EATbyalex and its licensees.

11) Final provisions

11.1 The contractual relationship shall be governed by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

11.2 The buyer may only offset with legally binding or undisputed claims. An assignment of claims of the customer against EATbyalex is not permitted.

11.3 If the Buyer is a merchant, a legal entity under public law or a special fund under public law, Zurich shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

11.4 Should a provision in these General Terms and Conditions or a provision within the framework of other agreements be or become invalid, the validity of all other provisions or agreements shall remain unaffected.

12) Disclaimer

12.1 Although EATbyalex attempts to maintain the operation of the Website for 24 hours a day, EATbyalex shall not be liable for the temporary unavailability of the Website, the failure of functions on the Website, or the malfunctioning of the Website.