These General Terms and Conditions (GTC) govern the contractual relationship between Switto GmbH, as supplier and the customer in all services offered by the supplier through its sales channels. By using the Supplier’s sales channels, the Customer confirms that he has read and understood these General Terms and Conditions and accepts them in full as the basis of his contractual relationships with the Supplier.

For the purposes of these General Terms and Conditions:
- Supplier: Switto GmbH (sole proprietorship registered in the commercial register with company number CHE-254.119.212, Schulhausstrasse 12, 6020 Emmenbrücke.
- Customer: Natural or legal person using a sales channel or through a sales channel makes an order.
- Restaurant: Natural or legal person who offers food and/or drinks through a sales channelof the supplier.
- Order: The selection of food and/or drinks of the customer confirmed by the restaurant.
- Sales channel: The website www.switto.ch, the supplier’s applications for mobile devices and the telephone ordering option.
- Delivery: Transport of the order from the restaurant to the customer by the supplier.

The contracting parties are the Supplier and the Customer. The subject matter of the contract is the use of the sales channels by the customers and the delivery of the order by the supplier from the restaurant to the customer.

The subject matter of the contract is not the production and/or sale of food and beverages. The production and/or sale of food and beverages is the subject of a separate contract between the Restaurant and the Customer.

By making a selection of food and/or beverages via a sales channel and confirming this selection, the Customer makes a request for the conclusion of a contract to the Restaurant (concerning the production and/or sale of food and/or beverages) and to the Supplier (concerning delivery). In addition to the price for ordering from the Restaurant, the Supplier may provide for a minimum order value and/or an additional delivery charge, depending on the place of delivery.

The customer remains bound to his request for a period of one hour. The contract with the restaurant and the supplier comes into effect with the confirmation of the selection of food and/or beverages by the restaurant.

In the absence of confirmation by the Restaurant, the Supplier may propose to the Customer a different Restaurant and/or a different choice of food and/or drink. If the customer does not accept this proposal, his request is considered withdrawn. Payments already made will be refunded within 30 days.

Termination of the contract by the customer is excluded. Does a restaurant accept cancellation
an order for goodwill reasons, the customer remains obliged to the supplier to pay a compensation for expenses to be determined by the supplier, at most in the amount of the order placed and the delivery lump sum.
The Supplier and the Restaurant shall be entitled to conclude the contract in the event of factual reasons (e.g. Overload of delivery capacities, weather/ road conditions) at any time.

The Supplier shall deliver the order to the address specified by the Customer. In doing so, the supplier shall endeavor to comply with any information on delivery times as far as possible. The customer is aware, however, that the delivery times are only approximate, depending on the availability of the delivery capacities, weather and road conditions and the capacity of the restaurant or may vary for other reasons. Under no circumstances will the supplier be in default if delivery times are not met.

The customer is obliged to pay the agreed price for the order as well as a possible delivery flat rate. In addition, he is obliged to accept the order at the specified address. In order to ensure compliance with sanitary regulations (in particular the protection of minors), the customer must identify himself to the supplier upon request. If the customer suffers from allergies or intolerances, he must contact the restaurant before submitting the application to find out about ingredients and any additives.

In case of violation of these contractual obligations by the customer, the supplier is not obliged to deliver and all claims against the restaurant and the supplier expire.

Information (including pictorial representations, delivery times, etc.) provided by the supplier or a restaurant via a sales channel shall in no case be regarded as assurances. Liability and warranty of the supplier shall be excluded to the extent permitted by law. In particular, the supplier assumes no liability for assistants. Any complaints by the customer must be sent to the supplier in writing within 5 days, otherwise all claims against the supplier shall be deemed forfeited.

By using a sales channel, the customer confirms his agreement with the Privacy Policy of the supplier.

Swiss law is applicable, excluding private international law. The place of jurisdiction shall be Emmen (LU) unless there is a mandatory legal venue. Alternatively, the supplier may also sue at the registered office or domicile of its contracting parties

1. Switto GmbH publishes the Offer on behalf of the Restaurants on the Platform, in accordance with the Restaurant information supplied by the Restaurants. Switto GmbH shall not accept any responsibility or liability for the contents of the Offer and the Restaurant information on the Platform. The Restaurant may use ingredients and additives of meals and drinks, that could cause allergies and intolerances. If a Customer is allergic to any foodstuffs, we advise to contact the Restaurant by telephone for current allergen information before placing an Order.

2. Taking into account the short delivery time and the perishable nature of the products, confirmed orders may not be modified or cancelled, and the products delivered cannot be returned or exchanged.

3. The (partial) reimbursement of an online payment shall only be possible if the Order cannot be delivered (entirely). The reimbursement shall always be made into the same account as the one from which the payment has been made. Depending on the payment method used by the Customer, the processing of the reimbursement will take a maximum of 10 working days.

4. Switto GmbH does not sell alcohol or tobacco to anyone under the age of 18. Customers who purchase such products confirm that they are at least 18 years old. In addition, the date of birth must be provided in the Customer's account in order to purchase alcoholic beverages. Customers who have ordered alcoholic beverages must be able to provide identification upon request.

1. The Restaurant is entitled to cancel the Order, e.g., if the Offer is no longer available, if the Customer has provided an incorrect or inoperative telephone number or other contact information, or in case of force majeure.

2. If the Customer places a false Order (for example by providing incorrect contact information, by not paying or by not being present on the delivery or collection location in order to receive the Order) or otherwise fails to comply with his obligations pursuant to the Agreement, Switto GmbH shall be entitled to refuse any future Orders from such Customer.