Buyer: any natural person aged at least 18 years purchasing Products from the Equipment. The Buyer acknowledges that he/she has full legal capacity to enter into commitments under the GTC .
GTC refers to the present general terms and conditions of sale.
Company: means the legal entity to which the Swish Retail Limited provides a service of provision of an autonomous cafeteria space within which food products and beverages are marketed for the benefit of its employees(salaried or not) and its visitors.
Equipment: networked refrigerator made available to the Company, intended for the presentation, conservation, and marketing of the Products, to the exclusion of any other use.
Swish Retail Limited: refers to the company Swish Retail Limited Ltd which operates under the brand name Swish, a private limited company registered with the Registrar of Companies for England and Wales under No. 15073988 whose registered office is located at 3rd Floor, 86-90 Paul Street, London, EC 2A 4NE, United Kingdom.
Party(ies): means individually or collectively the Buyer and/or Swish Retail Limited.
Product: means any product sold by Swish Retail Limited within the Equipment or via its pre-order service. Pre-order Service means the service by which a Buyer may order Products from Swish Locations or via the Swish mobile application by logging in with his/her Swish credentials.
Pre-Order Site: means the site is accessible at https://goswish.io or the Swish mobile application. Swish site: means the site is accessible at https://www.goswish.io/.
Swish Retail provides the standalone “grocery stores” in which the Products are marketed to the Buyers.
The purpose of these GTC is to define the right sand obligations of the Parties in relation to the sale of Products by Swish Retail Limited to the Buyer.
Any purchase of Products implies the Buyer's unreserved acceptance of and full compliance with these GTC. They are accessible and printable at any time via a direct link at the bottom of the Swish Site.
The applicable version of the terms and conditions is the one available online on the Swish Site at the date of the Buyer's order,a copy of which is sent to the Buyer with the confirmation of his/her registration.
To purchase Products, the Buyer must first create and activate an account on the website or mobile application using his/here mail address as login. The Buyer must then validate the creation of his/her account by clicking on the link received in the account creation confirmation email.
Registration automatically leads to the opening of an account in the name of the Buyer (hereafter: the "The customer has access to a personal space (hereinafter: the "Personal Space") which allows him to manage his/her purchases and to have access to his/her invoices and access a QR code for entry to the “grocery store”.
The Buyer warrants that all information in the registration form is accurate, truthful, up-to-date and not misleading. The Buyer is informed and accepts that the information entered for the purpose of creating or updating his/her Account is proof of his/her identity. The information entered by the Buyer is binding upon validation.
The Buyer undertakes to use his/her Account personally and not to allow any third party to use it in his/her place or on his/her behalf, unless he bears full responsibility.
The Buyer is responsible for maintaining the confidentiality of his/her Account and password, and for restricting access to his/her computer and other equipment. The Buyer is responsible for all activities that occur under the Buyer's account or password.
In case of violation of these GTC and/or of the lega lor regulatory provisions in force, Swish Retail Limited reserves the right to refuse access to the account of the Buyer concerned or to close it.
On the pre -order site for the pre -order service
Or directly from the equipment. To make an order via the Pre -order Service, the Buyer will log on to the Pre-order Site with his/her Swish login and password then select the Products he wishes to order and finally click on 'Order'. The Buyer will then receive an email summarising his/her Swish order to the email address he/she entered when creating his/her Swish account. The selection of the Products will be considered as final and irrevocable after the validation of the order.
When ordering from the Equipment, the Buyer must present his/her payment card to identify him/herself before opening the Equipment to remove the Products he/she wishes to consume. Only Products removed from the Equipment by the Buyer will be considered to be purchased by the Buyer. The selection of Products will be considered as final and irrevocable once the Products are removed from the Equipment and the Equipmentis closed.
Swish has a strict process in place regarding the use-by dates of each Product. All expired Products will be withdrawn by Swish.The Buyer is, therefore, prohibited from removing and consuming expired Products.
If the Buyer withdraws expired Products, the Buyer will not be charged for these Products. Once the Buyer withdraws expired Products, he/she will receive an audible alert from the Equipment as well as a warning e-mail not to consume the Products.
The Buyer undertakes to use the Equipment in a normally prudent, diligent and careful manner and in accordance with the conditions of use recommended by the Snack Box in the user guide attached here to.
The Buyer shall in particular refrain from damaging the Equipment, from using the Equipment in a way that could affect the safety and quality of the Products (for example by leaving the Equipment open, or by leaving open Products inside the Equipment, ...). The Buyer shall not use the Equipment for purposes other than those for which it is intended and in particular, to store products other than the Products marketed by Swish Retail Limited.
In the event that the Buyer notices that the rules for the use of the Equipment have not been respected and could affect the safety and quality of the Products, the Buyer undertakes to immediately inform Swish Retail Limited by sending an e-mail to the following address: support@goswish.ioin accordance with the conditions defined in article 13 of the GTC, in order to allow Swish Retail Limited remedy the situation as soon as possible.
The Buyers are solely responsible for the choice and use they make of the Products. It is up to them to check the suitability of the Products for their specific needs and constraints prior to purchasing the Products.
However, under no circumstances may they resell Products purchased from the Equipment or via the Pre-order Service.
Buyers must also take the necessary measures to save by their own means the information in their Personal Space that they deem necessary.
Prior to any purchase, the Buyer may take note of the characteristics of each Product he/she wishes to order, on the Pre-order Site (by clicking on the product in question) as far as the Pre-order Service is concerned or directly on the screen of the Equipment (by clicking on the Product in question) for sales made from the Equipment.
Swish Retail Limited will ensure that the photographs of the Products presented on the Swish Site, the Pre-order Site or on the Equipment screen are as accurate as possible to the Products themselves.
However, the photographs have only an illustrative purpose without contractual value. As a result of the above, Swish Retail Limited shall not be held liable, and no claim shall be made based on any discrepancies between the photographs presented on the Swish Site, the Pre-order Site or the Equipment and the Products for sale.
For all non- standardised Farmhouse Products, in particular fish, meat, cold meats and cheese, their weight may vary within a range of + or -10% of the weight indicated in the product description. If the product's weight is more or less than 10% of the weight indicated in the description, the excess or shortfall in weight will not give rise to any proportional in crease or decrease in price. Furthermore, this weight difference shall not be the subject of a claim by the customer for non-conformity of the product.Consequently, Swish Retail Limited shall not be held responsible for any errors, inaccuracies or omissions in the information in relation to the Products sold.
The Products comply with all British standards,legal provisions and regulations relating to health, safety and consumer protection.
The safety and quality of the Products are guaranteed by the respect of the rules of transport and storage of the Products until they are sold to the Buyer.
Nevertheless, in the event that the Buyer finds that the safety or quality standards are not complied with, the Buyer shall immediately inform Swish Retail Limited by sending an e-mail to the following e-mail address: support@goswish.io in accordance with the conditions set out in Article 13 of the GTC, in order to allow Swish Retail Limited remedy the situation as soon as possible.
The Products are offered for sale within the limits of available stocks or subject to the possibility of ordering them if necessary. However, Swish Retail Limited reserves the right to discontinue the sale of certain Products at any time and without notice.
The Buyer is expressly informed that he/she must remove the label from the Product before reheating it in the microwave.
The applicable prices of the Products are displayed on the Pre-order Site at the time of the registration of the Buyer's order, or directly on the Equipment in case of sale directly via the Equipment.
Prices are indicated in British pounds, including all taxes (VAT and other applicable taxes).
No additional costs will be charged for payment(except for a possible admission fee collected by the client company).
Swish Retail Limited reserves the right to modify the prices of the Products at any time, provided that the prices indicated on the Products at the time of purchase shall apply. Swish Retail Limited also reserves the right, at its own discretion and according to terms and conditions of which it shall be the sole judge, to issue promotional offers or price reductions.
The full price of the Products is due at the time of ordering.
In the event that the Buyer notices a billing error at the time of purchase on the Equipment, the Buyer undertakes to press the 'Report an error' button which appears on the tablet when the Equipment is closed. In this case, the Buyer will receive an e-mail asking him/her to specify which products are overcharged or missing. The Buyer undertakes to reply to this e-mail, providing all requested details, in order to bereim bursed or invoiced for the right amount, if necessary, Swish Retail Limited reserving the right to proceed with reimbursements on a case-by-case basis.
Payment shall be made by means of the payment card made available to the Buyer by Swish Retail Limited, which must be activated and credited with monetary value by the Buyer. The Parties agree that the Buyer gives his/her consent to the payment transaction by inserting his/her payment card in the Equipment and removing the desired Products from the Equipment.
Payment with the payment card does not require the entering of a confidential code. Once the Buyer's consent has been given in the form defined above, the payment is deemed to be authorised by the Buyer.The payment order is therefore irrevocable and cannot be contested.
The amount is immediately subtracted from the credit balance of the payment card.
In the event that the credit balance on the payment card is equal to or less than zero (0) pounds, the Equipment cannot be opened.
In the event that the Buyer selects and withdraws Products from the Equipment for an amount greater than the balance on his/her payment card, the amount of the negative balance on the payment card will be immediately due. The Buyer shall recharge his/her payment card in accordance with the conditions set out in the GTC within a maximum of forty-eight (48)hours. Without prejudice to any claim for damages, the failure to recharge the payment card on the agreed due date shall entail the obligation for the Buyer to reimburse Swish Retail Limited for all the collection costs incurred by the latter. Swish Retail Limited may suspend the performance of its obligations to the Buyer under the GTC, and in particular prevent the Buyer from removing Products from the Equipment, until full and complete payment of the amounts due to Swish Retail Limited. For any purpose, Swish Retail Limited shall be free to inform the Company of any breach by the Buyer of its contractual obligations under these GTC.
The Purchase of Products by the Buyer shall give rise to the issue of an invoice by Swish Retail Limited.
This invoice shall show the amount of the last transaction as well as the balance.
This invoice can be consulted from the Buyer's personal space on the My Account Site. It may be issued by the Buyer electronically from the My Account Site, which the Buyer acknowledges and accepts.
The Buyer has rights to end this contract, which vary depending on what Products the Buyer has bought, whether there is anything wrong with the Products, how Swish Retail Limited is performing and when the Buyer decides to end the contract:
(a) If what the Buyer has bought is faulty or mis described the Buyer may have a legal right to end the contract (or to get the product replaced or to get some or all of his/her money back): Please see article 12 of these GTC.
(b) If the Buyer wants to end the contract because of something Swish Retail Limited has done or has told the Buyer it is going to do:If the Buyer is ending a contract for a reason set out in the list below the contract will end immediately and Swish Retail Limited will refund the Buyer in full for any Products which have not been provided and the Buyer may also be entitled to compensation. The reasons are:
Swish Retail Limited has told the Buyer about an upcoming change to the Products or these GTC which you do not agree to;
Swish Retail Limited has told the Buyer about an error in the price or description of the Product The Buyer has ordered and the Buyer does not wish to proceed;
there is a risk that supply of the Products may be significantly delayed because of events outside Swish Retail Limited’ control;
Swish Retail Limited has suspended supply of the Products for technical reasons, or notifies the Buyer that it is going to suspend them for technical reasons;
The Buyer has a legal right to end the contract because of something Swish Retail Limited has done wrong;
(c) If the Buyer has just changed his/her mind about a Product:For most Products bought through the store the Buyer will have a legal right to change his/her mind within 24 hours of the purchase and receive a refund. Under the Consumer Contracts Regulations 2013, these rights maybe subject to deductions and exceptions, and the Buyer will have to pay the costs of return of any Products. The Buyer does not have a right to change his/her mind in respect of Products that are likely to deteriorate or expire rapidly, or that have been sealed for health protection or hygiene purposes,once these have been unsealed after the Buyer receives them. If the order is for several Products bought separately, the above time limit shall run from the date of receipt of the last Product.The Buyer may exercise his/her right to change his/her mind by sending the cancellation form annexed to these GTC, or a clear statement expressing his/her wish to cancel and including his/her order number,to Swish Retail Limited at the address mentioned in article 13 of these GTC,before the expiry of the 24 hour period.
The Buyer must return the Products to Swish Retail Limited in their original packaging, without undue delay and at the latest within 3-4 working days following the communication by the Buyer of his/her wish to cancel. They must be accompanied by a copy of the corresponding purchase invoice.The Buyer is deemed responsible in case of deterioration of the Products when they are returned to Swish Retail Limited.
The Buyer will be refunded as soon as possible or at the latest within 3-5 working days from the date of effective receipt by Swish Retail Limited of the cancellation request, less any return costs, which remain at the Buyer's expense.
However, Swish Retail Limited reserves the right to defer making a refund until the Products are returned. (d) In all other cases (if Swish Retail Limited is not at fault and the Buyer has no right to change his/her mind): Even if Swish Retail Limited is not at fault and the Buyer does not have a right to change his/her mind, the Buyer can still end the contract before it is completed. A contract for goods,such as the Products, is completed when the Product is delivered. If the Buyer wants to end the contract in these circumstances, he/she should just contact Swish Retail Limited to let it know. The contract will end the day after the day on which the Buyers contacts Swish Retail Limited. Swish Retail Limited will refund any advance payment the Buyer has made for Products that will not be provided to the Buyer.
Swish Retail Limited is under a legal duty to supply products that are in conformity with this contract. This list is a summary of your key legal rights in relation to the Products. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06 Nothing in these GTC will affect your legal rights:
(a) The Products are goods and the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the Products, the Buyer’s legal right entitle him/her for a refund within
the stipulated period.
(b) If the Buyer wishes to exercise his/her legal rights to reject Products the Buyer must either return them in person to Swish Retail Limited, post them back to Swish Retail Limited or (if they are not suitable for posting) allow Swish Retail Limited to collect them from the Buyer.The Buyer should contact Swish Retail Limited customer services at support@goswish.io to arrange return of the Products.The Buyer shall return the Products to Swish Retail Limited in their original packaging, accompanied by a copy of the corresponding purchase invoice.
Swish Retail Limited will proceed to the necessary verifications and will propose to the Buyer the replacement of the Product as far as possible. If the replacement of the Product is impossible, Swish Retail Limited will refund the Buyer the full price paid for the Product, by refund to the Buyer’s payment card, as soon as possible or at the latest within 3-5 working days following the date on which Swish Retail Limited will have informed the Buyer of the impossibility of replacing the Product.
Swish Retail Limited has a personal data protection policy, the characteristics of which are explained in the document entitled "Privacy Policy", (https://www.goswish.io/privacy-policy)which the Buyer is expressly invited to read.
Any questions or claims regarding the Products must be made as soon as the Buyer is in the position to report his/her issue to Swish Retail Limited once the Buyer has removed the Products from the Equipment, bye-mail, to the address indicated below. After this period, no questions or claims can be considered.
Any questions or complaints from the Buyer must be sent by registered mail with acknowledgement of receipt to the following address: support@swishretail.com or 3rd Floor, 86-90 Paul Street, London, EC2A 4NE.
In case of emergency, the Buyer may contact Swish Retail Limited by phone at the following number: 02045389777
Swish Retail Limited undertakes to comply with the regulations applicable to foodstuffs and food labelling. Swish Retail Limited is responsible to the Buyer for foreseeable loss and damage caused by Swish Retail Limited. If Swish Retail Limited fails to comply with these GTC, La Swish Retail Limited is responsible for loss or damage the Buyer suffers that is a foreseeable result of Swish Retail Limited breaking this contract or Swish Retail Limited’s failing to use reasonable care and skill, but La Swish Retail Limited is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Swish Retail Limited and the Buyer knew it might happen, for example, if the Buyer discussed it with Swish Retail Limited during the sales process.
Swish Retail Limited does not exclude or limit in any way our liability to the Buyer where it would be unlawful to do so. This includes liability for death or personal injury caused by Swish Retail Limited’negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the Buyer’s legal right sin relation to the Products, including the right to receive products which are:as described and match information Swish Retail Limited provided to the Buyer and any sample or model seen or examined by the Buyer; of satisfactory quality;fit for any particular purpose made known to Swish Retail Limited; supplied with reasonable skill and care and, and for defective Products under the Consumer Protection Act 1987.
Swish Retail Limited is not liable for business losses. Swish Retail Limited only supplies the Products for domestic and personal use. If the Buyer uses the Products for any commercial, business or re-sale purpose Swish Retail Limited will have no liability to the Buyer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Swish Retail Limited shall not be liable in case off or cemajeure. The following shall be considered as force majeure: all facts or circumstances unforeseeable, outside the control of the Parties and which could not be prevented by the Parties, despite their reasonable efforts. Expressly,the following are considered to be cases of force majeure: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks, difficulties specific to telecommunication networks external to customers, as well as any legal or regulatory obligation or public order imposed by the competent authorities, and which would have the effect of substantially modifying these GTC.
The Products, having undergone no treatment, must be kept in a dry and cool place, kept out of direct sunlight, and be consumed within one hour of their removal from the Equipment by the Buyer. Storage conditions must be strictly adhered to by the Buyer. Otherwise, Swish Retail Limited shall not be held responsible for the deterioration of the products.
Swish Retail Limited’ liability is expressly excluded for damages resulting from inappropriate storage, or interference by a third party with the Products. Swish Retail Limited shall not be liable in case of delay due to a stock shortage or in case of minor differences between the photographs of the Products and/or the information of presentation of the Product indicated on the Swish Site, the Pre-order Site or on the Equipment oron the promotional offers, and the Products offered for sale within the Equipment. The above limitation of liability shall not apply in case of fraud or negligence on the part of Swish Retail Limited, in case of personal injury or liability for defective Products, and in case of nonconformity with the description or sample of the Products.
Finally, Swish Retail Limited does not provide the Buyer with any guarantee as to the suitability of the Products to his/her needs, expectations, or constraints. Swish Retail Limited provides information about the allergens contained in the Products, and the Buyer should take account of this information before placing an order for Products.
The buyer may terminate this contract by sending a request to this effect to Swish Retail Limited by email to support@goswish.io
The effective termination of the contract shall take place within 7 (seven) days of this request. It shall result in the automatic deletion of the Buyer's Account.
Swish Retail Limited reserves the right to modify at any time these general terms and conditions of sale on the condition that it publishes the new GTC on its Swish Site or by e-mail at least fifteen (15) days before they come into force. In this case, the applicable conditions will be those in force at the date of the Buyer's order.
These GTC constitute the entire agreement between the Parties. It supersedes all previous agreements and understandings between the Parties with the same subject matter.
The fact that one of the Parties tolerates a situation does not have the effect of granting the other party and/or waiving the rights in question.
The Parties agree that if any provision of the GTC is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation shall be English in the event of a contradiction or dispute over the meaning of a term or provision.
The Contract is subject to English law and the Buyer can bring legal proceedings in respect of the Products in the English courts. If the Buyer lives in Scotland the Buyer can bring legal proceedings in respect of the Products in either the Scottish or the English courts.
If the Buyer lives in Northern Ireland the Buyer can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.In the event of disputes relating to the formation,termination, performance and/or interpretation of the Contract, the Parties shall attempt in good faith to reach an amicable agreement to resolve the difficulty.
The Buyer may send his/her complaints by mail to Swish Retail, mentioning the difficulties and or failures noted at the following address: support@swishretail.com or 3rd Floor, 86-90 Paul Street, London, EC2A 4NE.
In the event of a response deemed unsatisfactory by the Buyer or the absence of a response within fifteen (15) days from the receipt of the complaint by Swish Retail Limited, the Buyer may have recourse,free of charge, to a alternative dispute resolution for the amicable re solution of any dispute relating to the performance of the present contract which may arise between the Buyer and Swish Retail Limited.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it,without the Buyer having to go to court. If the Buyer is not happy with how Swish Retail Limited has handled any complaint, the Buyer may want to contact the alternative dispute resolution provider Swish Retail Limited uses. The Buyer can submit a complaint to Consumer Arbitration via their website at https://consumerarbitration.co.uk/ and if the Buyer is not satisfied with the outcome the Buyer can still bring legal proceedings.
APPENDIX - WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of :
Swish Retail Limited
3rdFloor, 86-90 Paul Street
London
EC2A 4NE
United Kingdom
Phone number: 020 4538 9777
Email: support@goswish.io
I hereby notify you of my withdrawal from the contract for the sale of the following goods:
Order number :
Ordered on (*) / received on (*) Name of buyer(s) :
Address of the buyer(s) :
Signature of the buyer(s) :
(only if this form is notified on paper)
Date :