1. APPLICATION AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
This website is operated by MAKARA. Throughout the site, we use the terms “we”, “us” and “our” in reference to MAKARA. This website, including all information, tools and services available on it, is offered by MAKARA to you, the user, conditional upon your acceptance of all the terms, conditions, policies and notices stated herein.
By visiting our site and/or purchasing something from us, you are participating in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms of Use”), including the terms, conditions and policies referenced and/or hyperlinked herein. These Terms of Use apply to all users of the Site, including, but not limited to, individuals who are visitors, suppliers, customers, merchants and/or content providers.
Please read these Terms of Use carefully before accessing and using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this Agreement, you may not be able to access the Website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to them.
Each new tool or feature that is added to this store is also subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting such updates and/or modifications on our website. It is your responsibility to check this page from time to time to see if any changes have been made. By continuing to access or use the website after the changes are posted, you agree to the changes.
MAKARA online sales services are exclusively reserved for (a) to natural persons of legal age for non-business use, and (b) to legal entities for purposes other than their professional activity (excluding any resale), with a delivery address in Switzerland. Any purchase made in violation of these terms and conditions of sale will engage the responsibility of their author. MAKARA reserves the right to refuse any order that may appear abnormal or whose quantities may suggest a non-personal use.
2. CONDITIONS OF USE OF THE ONLINE STORE
By placing an order on our website, you confirm your full and complete acceptance of these general conditions of sale and of the special conditions (products, quantities, prices, delivery mode and times, etc.). These terms and conditions of sale may be modified at any time and any order placed on the Website will be subject to the terms and conditions of sale published on our Website at the date of the order. It is the Customer’s responsibility to check the general terms and conditions of sale in force before any order of product made by the Customer on the Website.
3. INTELLECTUAL PROPERTY RIGHTS
The content of the site, including but not limited to the text, comments, illustrations, photographs and images reproduced on the site, is the exclusive property of MAKARA and is protected by intellectual property rights. Any reproduction of this site, in whole or in part, is strictly prohibited without prior written permission from MAKARA. Any infringement of our trademarks and the integrity of our products could result in civil or criminal proceedings.
4. PRODUCT INFORMATION
MAKARA has taken great care in presenting the products on the Website. For each product offered for sale on the Website, its description, quantity and price, the means of payment accepted by MAKARA and any delivery restrictions are specified. The photos used to illustrate our products are not contractual and are provided as an indication of the general appearance of the products. MAKARA cannot be held responsible for any inaccuracies in the photos.
In addition, the Customer is required to refer to the description of each product in order to know the composition, and in particular the possible presence of allergens. The description of the products is the one published on the site at the time of the order.
Products available for order may be changed at any time by MAKARA.
Product quality
MAKARA guarantees the quality and freshness of the food products offered for sale on the Website, which are kept in a refrigerated place and protected from light. MAKARA ensures the integrity of the products during shipment with packaging that protects the goods from damage during transport. Products must be consumed before their “best before date” (BBD) which appears on the outside of the package. MAKARA draws the Customer’s attention to the need to choose a delivery date that guarantees the freshness of the products and to comply with the optimal storage conditions indicated on the packaging.
Specific conditions for macaroons
For a better tasting, MAKARA macaroons should be kept cool and protected from light. The macaroons can be kept in a cool place for 5 days following the date of preparation of the box of macaroons (use-by date indicated on the back of the boxes). The macaroons sent to your home are delivered in a specific packaging that protects the food from any damage during transport. MAKARA particularly draws the Customer’s attention to the need to :
- Check the availability of macaroons on the day chosen for the delivery date.
ATTENTION: MAKARA does not guarantee the freshness of the macaroons picked up by the recipient more than 48 hours after the date of their departure from MAKARA’s logistics center - Place the macaroons in the refrigerator upon receipt of the package.
- Do not freeze macaroons.
Allergen warning
The food products sold on our site contain certain allergens specified for each product in the “Ingredients” section. You can also contact our customer service at info@makarashop.ch.
Product availability
The products sold on our site are offered within the limits of available stocks. If a product becomes unavailable, we will remove it as soon as possible from the catalog of products available to our customers.
MAKARA reserves the right to change its offer and product range at any time. We commit ourselves to honor the orders received on the site only within the limits of available stocks. Exceptionally, a product presented as available on the site may be unavailable after the final registration of the order. In case of unavailability of the product, we will inform you by email that your order has been cancelled and will reimburse you within thirty (30) days, unless you expressly wish to modify your order with another product recommended by us.
5. ORDERS
We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
To order on our Website, you must choose one or more products and place them in your basket. After validation of its content, you must mention your personal data, your billing and delivery address to receive your package (Name, first name, email and postal address) without opening a customer account. . Before paying, you must accept these terms and conditions, confirm the order and validate the payment.
You can view the various stages of your order details, including the price, and any errors can be corrected before your order is confirmed. The payment of the price of the products makes your order final and no modification of the order will be taken into account by MAKARA.
The order of products is considered firm when the Customer has validated his order on the Website. MAKARA’s acceptance of the order shall be effective only after MAKARA’s confirmation sent by e-mail to the Customer’s e-mail address detailing the list of products ordered, the delivery address and the order number. MAKARA reserves the right to cancel or refuse any order due to insufficient inventory, incomplete information, any dispute regarding payment of a previous order, any order that MAKARA believes presents any risk or any other legal reason.
You confirm that the information provided to MAKARA is true, accurate and up-to-date. All information provided by you remains your sole responsibility and any discrepancies generated by you cannot be attributed to MAKARA in the event that it becomes impossible to proceed with the order or to ensure a positive result.
6. PRICES AND ONLINE PAYMENT
Customers can pay for their orders by credit card (Visa, MasterCard), PayPal, or Twint. If the payment is made by credit card, you must fill in the following information: Cardholder’s name, card number, expiration date and the three-digit security code located on the back of your card. Payment by means other than those listed above is not accepted.
Orders recognized by MAKARA are subject to a fee. For payments by credit card, the payment will be confirmed once the confirmation is issued by the bank that issued the credit card used for the payment. For payment by PayPal, the payment will be recognized as soon as PayPal confirms that there are sufficient funds in the account.
Once the order is confirmed and the payment is made, you will receive an order confirmation by e-mail. This email summarizes the characteristics of the order (products ordered, price, requested delivery date, etc.). You are advised to print and/or retain a copy of this order confirmation for your records.
Price
The Products are supplied at the prices in force on the Website at the time the Customer places the order. The prices are expressed in the national currency according to, excluding tax and if necessary, all taxes included, according to the VAT rate in force on the day of the registration of the order and excluding shipping costs. The costs of processing, shipping, transportation and delivery are not included and will be invoiced in addition according to the conditions indicated on the Website and calculated before the validation of the order. Any additional charges added to the price of the product(s) ordered shall be subject to the express consent of the Customer. The final price charged to the Customer is the total amount of the purchase, including these costs. The total price including VAT indicated in the order confirmation sent by MAKARA is the total price of the order including all taxes, including the price of the Products and additional costs, such as shipping costs.
The prices displayed on the Website are subject to revision at any time without notice according to the price of seasonal products and economic conditions.
Any validation of an order implies acceptance of the price.
In case of fraudulent use, MAKARA will not be held liable. In the absence of bank provision, or in case of refusal of the banks, the order will be automatically cancelled and the customer will be informed by e-mail
7. DELIVERY
General information
Orders will be delivered upon receipt of full payment of the price, including delivery charges. Any event defined by jurisprudence as a case of force majeure of such a nature as to delay or prevent the supply or increase the cost of the products ordered shall constitute a cause for suspension or termination of obligations incumbent on MAKARA if the event in question exceeds a period of fifteen (15) days, without compensation to the Customer. MAKARA undertakes to inform the Customer by any appropriate means in the event of the occurrence of such a case of force majeure, who is entitled to cancel his order by e-mail.
The delivery times are indicated to the Customer at the time of placing the order. The Customer has the choice of the delivery date at the time of the order, which can take place within two working weeks after the date of the order. Delivery times are given as a guide only and MAKARA will do its best to meet them. However, MAKARA cannot be held responsible for any delay in delivery attributable to its carriers.
Except in special cases or when the Products are not available, the Products ordered are delivered at once. The risks are transferred to the Customer as soon as the order has been handed over to the carrier or the shipper.
MAKARA shall use its best efforts to deliver the Products ordered by the Customer within the time periods indicated below and communicated as an indication. The Seller is responsible for the proper execution of the contract.
If the ordered Products are not delivered within thirty (30) working days after the confirmation of the order, for any other reason than a case of force majeure or the fact of the Customer, the sale can be cancelled at the request of the Customer. The sums paid by the Customer will be returned to him at the latest within fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation or deduction.
Shipping is free for orders over 70 CHF.
Home delivery
Delivery dates and times are mentioned on the Website as an indication, unless otherwise agreed in writing. The delivery dates and deadlines indicated are subject to the correct and punctual delivery of the goods by MAKARA’s suppliers as well as by the appointed delivery service providers.
Public holidays are to be understood as the public holidays of the canton in which the delivery address of the order is located. Any order placed the day before a holiday or on a public holiday will be prepared and shipped the next business day.
Home deliveries are made in Switzerland and insured by Swiss Post from Monday to Saturday, excluding public holidays.
The Customer is responsible for the information provided regarding the name and address of the recipient. This information must be precise, accurate and complete (especially regarding the door code and floor) so that the delivery can take place in the best conditions. In no event shall MAKARA be liable for a return delivery due to an error in the delivery address or an inability to deliver to the address indicated. Costs related to a change in the recipient’s delivery address will be billed to the Customer.
It is the Customer’s responsibility to check the contents of the order on the date of delivery. A discrepancy in quantity must be reported to MAKARA immediately upon receipt of the order. Claims for damage, delay, loss or improper packaging must be communicated in writing immediately after receipt of the order.
8. GUARANTEE
MAKARA guarantees that the products are manufactured, packaged and stored in accordance with the rules and regulations applicable in Switzerland.
However, we cannot extend the warranty on our products if the storage conditions were not applied, or if our products were consumed beyond the expiration date indicated on the package.
MAKARA can offer a guarantee with a credit note for a maximum amount corresponding to the sales price at the time of the order, or by granting a discount.
There is no general right of return on products without defects and correctly delivered. The guarantee is explicitly excluded for products whose intrinsic quality (e.g. taste) does not meet the customer’s requirements, for fresh products, or for an interruption of the cold chain, or for products ordered inadvertently.
9. REFUND POLICY
Due to the perishable nature of our products, MAKARA does not accept returns.
There are no returns or exchanges.
If you are not satisfied with our products and depending on the circumstances, MAKARA will issue a credit or provide a replacement. If, for any reason, you are not satisfied with your purchase, please contact our customer service team within 2 days of receiving your order, along with an explanation of the problem and damage. After analyzing the situation, MAKARA will determine, at its sole discretion, the appropriate arrangement, whether a refund, redelivery of the products or otherwise. Your satisfaction is our top priority and we will certainly find a solution. Due to the perishable nature of our product, all claims submitted after the 48 hour delivery window or without a proper photo or order number will not be eligible for refund or reshipment.
MAKARA takes the greatest care of its products. In case of complaint, please contact our consumer service: info@makarashop.ch
10. LIMITATION OF MAKARA’S LIABILITY
MAKARA is not responsible for any communication problems, network connections, computer problems, or malfunction of the Website for any particular browser.
MAKARA does not warrant that the Website will operate without interruption or that it will be free of computer errors of any kind, or that defects will be corrected.
MAKARA does not warrant that the Website, the servers that make it available and/or third party sites to which it links are free of viruses or other components that may cause damage to property or persons.
MAKARA shall not be liable if a Customer’s data does not reach MAKARA for any reason or if it is illegible or impossible to process (e.g., if the Customer has inadequate hardware or software environment for ordering or a problem with the Internet connection).
MAKARA shall not be liable for any loss or damage to data.
MAKARA shall not be liable if the non-performance or improper performance of the order is due to technical constraints beyond MAKARA’s control. In particular, MAKARA will not be responsible for the delay, loss or misdelivery of a customer account validation or order confirmation email.
MAKARA is not responsible for the operation of the secure payment page which is provided by an external service provider, nor for any disputes arising in connection with the payment process.
In the event of a force majeure event, MAKARA may, at its sole discretion, cancel the order without liability. In this case, MAKARA will refund the Customer the price of the order.
MAKARA shall not be liable for any direct or indirect consequences of such events.
11. INTELLECTUAL PROPERTY RIGHTS
The content of the Website including, but not limited to, the text, comments, illustrations and images reproduced on the Website are the exclusive property of MAKARA and are protected by intellectual property rights. Any reproduction of the Website, in whole or in part, is strictly prohibited without prior consent from MAKARA. Any violation of our trademarks and the integrity of our products may result in civil or criminal liability.
