Xlara

Terms of Use

XLARA
Adresse: Schmittengasse 1, 8335 Hittnau ZH
Tel: 079 777 54 94
E-Mail: xlara@xlara.ch

Your profit belongs to you. As Xlara, we never charge a commission from our restaurant partners. Lets grow together on a fair platform.

Contract: When you set up your XLARA account and/or order delivery via the XLARA app, we enter into a contract under these GTC to provide you with these services.

This legal basis applies when we need to use your data in order to provide the services you request and to fulfill our obligations under this contract.

These “General Terms and Conditions for Customers” apply to the relationship between XLARA and customers. They do not apply to businesses (as defined below, including shops and stores), which are instead governed by the “General Terms and Conditions for Restaurants.”

1. Definitions

  • Offer: The range of products and services offered by the Merchant that the Customer can order via the Platform.
  • Order: An order placed by the Customer with the Merchant via the Platform for the Offer selected by the Customer.
  • Customer: A natural or legal person who places an Order with a Merchant via the Platform.
  • Platform: The websites, apps, and tools of XLARA and affiliated companies and business partners on whose websites the Service is made available.
  • Merchant (Store): A business listed on the Platform that makes available, sells, prepares, packages, enables pickup of, and/or offers products and related items, and that uses the Platform to conclude contracts and receive payments.
  • Merchant Information: Information about the Merchant, including the merchant and its contact details; the products and services made available as part of the Offer (including, for example, allergens, nutritional values, and ingredients); the price of each product (including VAT); company logo; graphics; delivery area (including postal codes); delivery fees and minimum order amounts; and other information about the Merchant.
  • Age-Restricted Items: Any product for which a statutory minimum age is prescribed, including but not limited to alcoholic products.
  • Service: The commercial services and/or activities offered to the Customer by XLARA, including publishing the Offer, enabling the conclusion of the Contract, and transmitting Orders to the relevant Merchant.
  • Contract: An agreement between the Customer and the Merchant via the Platform with respect to an Order, including delivery or pickup of the Order.

2. Identity of XLARA

XLARA Schmittengasse 1, 8335 Hittnau ZH

3. Applicability

These General Terms and Conditions for Customers apply only to the Service. XLARA is not responsible for the Offer. The Merchant’s general terms and conditions may also apply to the Offer where applicable.

By placing an Order, the Customer enters directly into a Contract with the Merchant for the delivery of the Offer selected by the Customer. The Customer is bound by the Order and is not entitled to a refund, except in the case of a cancellation pursuant to Article 6.

4. Liability

XLARA publishes the Offer on behalf of the relevant Merchant based on the Merchant Information provided. XLARA assumes no responsibility or liability for the content of the Offer and the Merchant Information on the Platform. The Merchant may use ingredients and additives for food and beverages that can trigger allergies and intolerances. If you have food allergies, we advise you to contact the Merchant by phone to obtain up-to-date allergen information before placing an Order.

XLARA presents all Merchant Information in a way that makes clear to the Customer their rights and obligations after accepting the Offer.

5. The Contract

The Contract applies from the moment the Customer places the Order by clicking the “Order and pay” button during the ordering process on the Platform.

After receiving the Order, XLARA will electronically confirm the Order to the Customer.

6. Termination of the Contract and Cancellation of the Order

If you, the Customer, are a consumer, you may have certain statutory or regulatory rights when ordering products via the Platform. Without prejudice to those rights (which, where applicable, are not affected), the Customer cannot revoke the Contract if the goods included in the Offer are perishable, have been customized for the Customer, are not suitable for return for hygiene or health protection reasons, or have been inseparably mixed with other goods after delivery. Orders cannot be revoked vis-à-vis XLARA. Cancellation of the Order with the Merchant is only possible for the Customer if the Merchant expressly indicates that cancellation by the Customer is possible.

The Merchant is entitled to cancel the Order, for example if the Offer is no longer available, if the Customer has provided an incorrect or non-functioning telephone number or other contact details, or in cases of force majeure. XLARA is entitled to refuse all (future) Orders from the Customer if there are appropriate reasons to do so.

If the Customer places a false Order (e.g., by providing incorrect contact information, by failing to pay, or by not being present at the delivery or pickup location to receive the Order) or otherwise fails to meet their obligations under the Contract, XLARA is entitled to refuse future Orders from that Customer.

XLARA is entitled to refuse Orders and to terminate Contracts on behalf of the Merchant if there are reasonable doubts about the accuracy or authenticity of the Order or the contact information, or if the Merchant does not wish to enter into a Contract with the Customer. If the Customer places Orders that are demonstrably false or fraudulent, XLARA is entitled to file a report with the police. If the Customer places Orders that appear to be false or fraudulent, XLARA may report this to the police.

7. Payment

Customer complaints regarding the Offer, the Order, or the performance of the Contract must be submitted to the Merchant. Sole responsibility for the Merchant’s Offer and the performance of the agreement lies with the Merchant. XLARA only acts as an intermediary.

An additional service fee for XLARA’s services related to order processing and customer care is not included in the product price and is added to the total price.

Subject to Article 6 of these General Terms and Conditions for Customers, a (partial) refund of an online payment is only possible if the Order cannot be (fully) delivered. Refunds are always made to the account from which the payment was made. Depending on the payment method used by the Customer, processing the refund takes up to 10 business days.

The Merchant has authorized XLARA to accept the Customer’s online payment on the Merchant’s behalf.

8. Complaint Resolution

Customer complaints regarding the Offer, the Order, or the performance of the Contract must be reported to the Merchant. In the event of complaints, XLARA can only assume a mediating role.

If the Customer has a complaint regarding the Service, this complaint must be reported to XLARA’s customer service via the contact form, by email, or by regular mail, to the contact address indicated in Article 2 of these General Terms and Conditions for Customers.

Once XLARA has received the complaint, XLARA will respond as soon as possible with an acknowledgment of receipt. XLARA endeavors to process the complaint as quickly as possible.

Complaints as described in Sections 1 and 2 of this Article must be reported to the Merchant (Section 1) or XLARA (Section 2) within a reasonable period after the Customer has identified the defects, and must be fully and clearly described.

9. Newsletter

When placing an Order, the Customer may subscribe to the newsletter. The Customer can unsubscribe via the link in the email or by contacting customer service using the contact details listed under “Correspondence address” in Article 2 of these General Terms and Conditions for Customers.

10. Access to and Correction of Stored Personal Data

XLARA processes personal data relating to the Customer. The processing of personal data is subject to the provisions of the Privacy Policy.

The place of jurisdiction is Hittnau ZH / Zurich / Switzerland.