General Terms and Conditions with Murolo - MYEVOIL hereinafter MYEVOIL
October 2019
1. Scope of application
The following General Terms and Conditions (hereinafter referred to as “GTC") of MYEVOIL apply to purchases at MYEVOIL in Switzerland.
The current version published on this page at the time of purchase applies. Any contractual amendments, other agreements and conditions set forth by the customer only become part of the contractual agreement if acknowledged in writing by MYEVOIL.
2. Conclusion of the contract
The contract for the purchase of the MYEVOIL articles is understood to be concluded upon MYEVOIL’s sending of the order confirmation by email. By placing an order and accepting these Online Shop GTC, the customer submits a legally binding proposal for the conclusion of a contract. MYEVOIL confirms receipt of orders in an email sent immediately after the order has been received. The contract is only considered to have been concluded once this confirmation has been sent. The goods remain the property of MYEVO until payment has been made in full. MyEVOiL is a platform dedicated to consumers and small business, like restaurants. For this reason, MyEVOil will apply the right to reject a purchase order especially in case from MyEVOil point of view the quantity ordered are not usual for a consumer
3. Offer
Accessories, decoration or similar items depicted in the MYEVOIL product images do not form part of the offer unless they are explicitly listed as being included.
4. Price information
All prices include VAT and other statutory taxes, but – unless stated otherwise – exclude delivery fees.
The prices specified are valid at the time of the contract’s conclusion.
MYEVOIL reserves the right to modify the prices of the Products shown on the Website at any time. However, any change to the Product prices will not be effective for Customers who have already placed an Order and have received confirmation from MYEVOIL.
5. Payment methods
MYEVOiL offers various payment options. All options are listed on out webpage https://www.myevoil.ch/en/content/13-secure-payments.
6. Verification of goods/complaints
Customers must check that MYEVOil articles are correspondent to the articles ordered , that are complete and undamaged immediately upon receipt. Defects identified later must be reported to MYEVOIL immediately after their discovery, within 7 days from receipt of the item.
7. Warranty claims and MYEVOil liability
All the information and indications contained on the labels of the bottles of olive oil offered by MYEVOIL (and in general on the Products) are the responsibility of the individual producers, which alone guarantee their correctness and truthfulness. MYEVOIL continuously selects the companies that produce products with the highest quality standards, and while it checks the truthfulness of the information contained on the labels it is not responsible for and does not guarantee in any way the information contained on the labels and whether they fully reflect the product’s characteristics. The customer can contact customer service by email at the address customerservice@myevoil.ch . MYEVOIL will work with the manufacturer to get any additional warranty or information requested and to report any irregularities to the competent authorities.
MYEVO is not liable for defects which customers identified, or should have identified, on receipt of the MYEVO articles but failed to report to MYEVO either immediately or within the warranty period of 7 days. In the case of an item damaged by the carrier or for reasons attributable to MYEVOIL, the customer can choose whether to return it for a refund of what was spent or to request a new delivery. In the event of replacement by MYEVOIL there will be no reduction of the purchase price or compensation for damages.
For any claim, MYEVOIL's liability is limited to cases of wilful or gross negligence with respect to immediate and direct damage caused by such wilful or gross negligence. All other liability is excluded, including liability for non-immediate, indirect or consequential damages or loss of profit due to improper use of the MYEVOIL product.
MYEVO assumes no liability for incorrect or missing information in the MYEVOIL website if not required by law.
8. Exchanges and returns
No exchanges or returns without reason will be accepted, with the exception of the provisions of article 7 of these GTC.
9. Discounted and promotional items
MYEVOil does not provide any guarantee or exchange and return rights for discounted or promotional items and is exempt from all liability to the extent permissible under applicable law.
10. Delivery service
MYEVOIL's delivery services are subject to special General Terms and Conditions ("General Terms of Transportation and Delivery Service GTD") in addition to the GTC and the Online Shop GTC. The Delivery Service GTD are available at this page.
11. Data protection
The storage and processing of customer data is governed by the latest version of MYEVO's data privacy policy, which is available at https://www.myevoil.ch/en/content/15-cookies-and-privacy
12. Customer service/complaints
Queries and complaints relating to MYEVO articles and their delivery are handled by the MYEVO Customer Support Centre at the address Via Massagno 20, 6900 Lugano, Svizzera, email: customerservice@myevoil.ch, Tel. +41(0)79 8539602
13. Applicable law and jurisdiction
These terms and conditions are exclusively subject to Swiss law, to the exclusion of its conflict-of-law rules and the Vienna Sales Convention.
Any dispute will be subject to the jurisdiction of Lugano MYEVOIL also has the right to take court action at the customer's place of residence.
MYEVOIL general terms and conditions for transportation and delivery services (GTD) October 2019
1. Scope of application
The delivery of MYEVOIL articles to customers is governed by the following General Terms and Conditions (hereinafter referred to as "Delivery Service GTD") in addition to the General Terms and Conditions of MYEVOIL ("GTC"). In the absence of any specific provisions in the Delivery Service GTD, the GTC shall apply.
In case of conflict, the Delivery Service GTD take precedence over the GTC.
The Delivery Service GTD are available at this page. The version published at the time of purchase or order shall apply.
2. Delivery area
MYEVOIL only provides delivery services for customers with a delivery address in Switzerland or Liechtenstein.
3. Conclusion of the contract
Customers place orders for delivery services through MYEVOIL's Swiss Online Shop at the same time they order the goods.
Orders become binding upon confirmation by MYEVOIL (via email) or upon payment at the checkout.
4. Right of withdrawal
Orders can be cancelled in writing (by letter or email) or by telephone, specifying the order number, within 24 hours of making the order/payment.
If the order is cancelled later, MYEVOIL will be entitled to charge a processing fee of CHF 100, plus the cost of any expenditure no longer required up to a maximum of 100% of the price of delivery, to be deducted from any refund to the customer.
5. Prices
The current fees for delivery services are available at https://www.myevoil.ch/en/content/1-delivery. The rates applicable at the time of order will be applied.
For quantities over 30kg or CHF 600 MYEVOIL will calculate the delivery cost on request.
The prices indicated for delivery services include VAT and any other taxes due by law.
6. Payment terms and methods
Delivery services must be paid for in full at the time of order.
For the payment methods accepted by MYEVOIL, the provisions of point 5 of the GTC shall apply.
7. Scheduled delivery times
Customers will be notified of an approximate delivery time with their order confirmation. The precise delivery date will be communicated by the carrier within 48 hours of delivery, which will specify a four-hour time slot, not a specific hour.
Customers will be notified of substantial delays in delivery. Delivery delays and overruns of delivery times will not entitle the customers to cancel the contract or to demand a refund of all or part of the purchase price.
8. Absence of customers and refusal to accept delivery
If the goods cannot be delivered owing to circumstances for which the customers are responsible, MYEVO may charge the customers CHF 5 per day for the storage of the MYEVOIL articles.
9. Delivery terms
Parcels are delivered to the customers' front door.
If the delivery address is in a location that cannot be accessed by cars, delivery will be made to the base station or to the nearest point accessible by car.
Alternatively, the customer can choose delivery with signed proof of delivery and acceptance at an additional cost.
For more information see the “deliveries” section.
10. Duty to check and reporting of defects
Upon delivery customers must check the MYEVOIL articles to ensure that they are complete and free of defects. If any defects are found, they must be immediately reported to the service partner and written on the delivery note.
The goods are considered accepted if the customer does not report defects in the goods within 7 days of delivery by email to customerservice@myevoil.ch or by post to Murolo-MYEVOOIL Via Massagno 20, 6900 Lugano, Svizzera.
11. Liability for delays in delivery
For any claim in the event of a delay in delivery for which MYEVO is responsible, MYEVOIL assumes liability only for direct damage caused by wilful or gross negligence up to the invoice amount for the MYEVOIL products.
MYEVOIL is not liable for any other damage, including indirect and consequential damage and lost earnings.
12. Customer service/complaints
Queries and complaints relating to MYEVOIL articles and their delivery are handled by MYEVOIL's central customer service department:
MYEVOIL Customer Support Centre:
customerservice@myevoil.ch, Tel. +41(0)79 8529602, Murolo - MYEVOOIL Customer Service Via Massagno 20, 6900 Lugano, Svizzera.
13. Applicable law and jurisdiction
These terms and conditions are exclusively subject to Swiss law, to the exclusion of its conflict-of-law rules and the Vienna Sales Convention.
Any dispute will be subject to the jurisdiction of Lugano. MYEVOIL also has the right to take court action at the customer's place of residence.