1. General Terms

1.1. This website is owned and operated by J B Market Sàrl (also referred as “JBM”, “us”, “we” or “our”).

1.2. The prospective customer or customer shall be referred to as “customer”, “you”, “your” or “their”.

1.3. Items offered for sale on the website are also referred to as “goods”, “product(s)” or “item(s)”).

1.4. Unless stated to the contrary on this website, the goods and services supplied, in accordance with any contract made through this website, shall be made by J B Market Sàrl.

1.5. A “registered” customer is one who completes the registration form and agrees for JBM to retain specific data (fundamentally, name, delivery address, mobile phone number and email address).

1.6. A registered customer can access details of their current order and/or any previous orders, by logging in to their account.

1.7. In accepting these Terms and Conditions you agree to provide JBM with truthful and accurate information about yourself and to act in accordance with Swiss Law.

1.8. All photographic image rights of products displayed on this website are owned under license by JBM.

1.9. JBM may revise these Terms and Conditions at any time; your continued use of the website (or any part thereof) following such a change, shall be deemed to be your acceptance of such change.

1.10.It is your responsibility to regularly check the Terms and Conditions to determine whether they have changed.

These Terms and Conditions were last changed on 14 August 2013

2. Online Shopping & Ordering

2.1. Search for “Jim’s Gland, Switzerland” on the Google Search Engine or go to directly to www.jims.ch

2.2. New customers have the option to choose to “Register” Personal and Contact Information or to begin shopping and proceed to “Checkout” without registering. Note that registered customers save time by registering Personal and Contact Information for future orders, as information previously registered shall be recognized by the website as you Log-In. Registered customers benefit from the Loyalty Reward Scheme and other advertised incentives offered from time to time.

2.3. New customers wanting to register need to complete the required “Personal and Contact Information” form, then choose and confirm a Password. The Password should be no less than 8 characters, and must include at least one uppercase and one lowercase character and at least one number.

2.4. Registered customers select the “Log-In” form and enter the previously registered email address and Password.

2.5. Procedure To Place An Order

2.5.1. Select category from the top menu; 3-shelves shall appear with a selection of products from that category being on the top shelf, shelves 2 and 3 shall contain associated products

2.5.2. Scroll left or right through the shelving to find the desired item(s) to order

2.5.3. Once you have found an item that you wish to purchase, click on the item for more detail, and then click “Add to Basket” (to increase the quantity, click on the “Add To Basket” button).

2.5.4. Continue the above process until you have added all the items you wish to order. Your item(s) and shopping total including any appropriate delivery and packing charges shall be displayed in the right hand column.

2.5.5. Once you have completed your shopping, click on “Checkout” situated below the shopping basket image.

2.5.6. Review your order and, if desired add/delete or change item quantities by selecting the appropriate controls.

2.5.7. Select “Continue” to proceed to the next stage.

2.5.8. Select your preferred service by selecting either the “Delivery” or “Collection” button (note that if the “Collection” option is chosen, the delivery charge shall recalculate to zero).

2.5.9. If “Collection”, payment should be made in the shop at Gland.

2.5.10. If “Delivery”, select method of payment, completing the payment details form.

2.5.11. Your order can only be completed once you have ticked the box to confirm that you have read and agreed to the Terms and Conditions displayed on the website.

2.5.12. Once you are satisfied that everything is correct, click on “Submit Order”.

2.5.13. Your order has now been submitted to JBM.

2.5.14. Select “Print” to retain a copy of your order for future reference.

2.6. After submitting your order, JBM will reply and send an “acknowledgement” email, stating an order reference number and a list of the item(s) ordered. Note that this email is only an acknowledgement of the order and does not constitute as an acceptance of the order.

2.7. Once payment is authorized by your bank or credit/debit card company and the order can be fulfilled, JBM will send an “order accepted” email stating your order reference number, a tracking number and notification that your credit/debit card has been debited for the appropriate amount (as originally displayed at the Checkout) and that the goods shall be dispatched to the address registered online, at the time of the order; whether or not this email is opened or received, our acceptance of order will create a legally binding contract between the two parties, and that JBM still retains the right not to supply the order at its discretion.

2.8. In the event that JBM does not accept your order or you cancel your order in accordance with our Returns Policy, or JBM fails to acquire authorization from your bank or credit/debit company, JBM will send an “order not accepted” email and the order is cancelled.

2.9. For whatever reason, the order cannot be fulfilled, JBM will send a “please call” email stating your order reference number and list the/those item(s) that are currently unavailable or out of stock. At this point we shall suggest and/or offer a replacement item(s) with the order to be revised and consequently reconfirmed by you.

2.10.Once the revised payment has been authorized by your bank or credit/debit card company, JBM will send an “order accepted” email stating your order reference number, a tracking number and notification that your credit/debit card has been debited for the appropriate amount (as originally displayed at the Checkout) and that the goods shall be dispatched to the address registered online, at the time of the order; whether or not this email is opened or received, our acceptance of order will create a legally binding contract between the two parties, and that JBM still retains the right not to supply the order at its discretion.

2.11.Registered customers can access their account to view details of their current order and any other previous orders.

2.12.JBM does not charge your credit/debit card for an item(s) not dispatched.

2.13.The maximum online order value is CHF 500 (inc TVA).

3. Delivery Service

3.1. JBM outsources all deliveries to La Poste (the Swiss national postal operation)

3.2. All deliveries are scheduled to arrive at the delivery address, registered online at the time of your order, before 12 midday, on the next working day (24-hour service) upon the provision that you receive email confirmation from JBM before 12 midday on the day of your order. Note that if your order is accepted on a Friday, the delivery shall be scheduled to arrive before 12 midday on the Monday following the weekend

3.3. In the event of “no reply”, a La Poste “Invitation à retirer un envoi” slip shall be left in the mailbox with the goods shall be taken to the nearest La Poste collection depot

3.4. Goods must be signed for at the delivery address (or upon collection), by you, or by your nominated representative, who must be aged 18 or above. Under no circumstances should the goods be left unattended or with anybody below the age of 18 (this is the responsibility of the customer).

3.5. Once you have received the goods, all risk of damage to, or loss of the goods shall pass to you.

3.6. JBM cannot accept responsibility for any orders that are delivered late or not delivered at all, as this responsibility is out of our control.

3.7. This particular delivery service not available on Saturday, Sunday or on Public Holidays

3.8. Each delivery shall have its own “Tracking Number” (see details below)

3.9. For further information: www.poste.ch/bases

3.10.Tracking Number

3.10.1. Each delivery box shall have its own Tracking Number; in the above instance, refer to the Tracking Number provided by JBM upon confirmation of order to ascertain where your order is located.

3.10.2. To track your order at any time, go to the Google search engine and type in the number provided by JBM to find where your delivery is currently located.

3.11.Collection & Collection Point

3.11.1. Your order/goods must be collected by close of business on the 3 rd day following the order; note that Jim’s in Gland is open 7-days a week

3.11.2. In the event that you do not call to advise that your order/goods cannot be collected within the allotted time period or that you would like to extend the allotted time period, then the order shall be deemed as cancelled with the items being available for sale for the next customer

3.12.All orders/goods must be collected from Jim’s shop at Gland:

Ave. du Mont Blanc, 33, 1196 Gland, Vaud, Switzerland

3.13.Responsibility

3.13.1. From the time of the order, until the time of collection, JBM undertakes to store your ordered items in the appropriate conditions (cool store room, refrigerated and/or freezer)

3.13.2. Once the goods are handed to the customer then it shall be the customer’s sole responsibility to care for the goods

3.14.Product Pricing

3.14.1. No restrictive minimum order value applies.

3.14.2. All sale prices, where applicable, include local commune taxes, excise duties, import duties and TVA, charged at the appropriate rates (TVA: 2.5% for grocery items; 8% for non-grocery items and alcoholic beverages).

3.14.3. All sale prices include the cost to apply a printed label, to translate the items’ ingredients, to one of the Swiss national languages (JBM translates ingredients to French).

3.14.4. JBM reserve the right to change sale prices, offers, products, product specifications of items offered for sale on the website at any time before (but not after) the order.

3.14.5. In the event that we discover an incorrect price for an item(s) following your order, JBM, at their discretion, will either contact you to: -

3.14.6. ascertain whether you wish to cancel the order for that/those particular item(s)

3.14.7. proceed with the order at the corrected price(s)

3.14.8. notify that the order for that/those particular item(s) is cancelled

3.14.9. JBM is not obliged to supply goods listed on the website that are incorrectly priced.

3.14.10. Promotional and special offers advertised in emails sent by the shop manager in Gland, may not be apply to the same item(s) advertised on the website and visa versa.

3.14.11. All prices and payments are charged in Swiss Francs (CHF).

3.15.Delivery Charges

3.15.1. A standard delivery charge of CHF 9.95 is added to the shopping total, while the “goods value” totals CHF 100 (inc TVA) or less than CHF 100 (inc TVA). Note that the “goods value” shall not include the standard delivery charge.

3.15.2. Free Of Charge: Once the total goods value exceeds CHF 100 (inc TVA) the delivery charge reduces to CHF 0.

3.15.3. In the event that certain goods ordered are unavailable or temporally out-of-stock, the total goods value shall need to be re-calculated; consequently the total order value may reduce to CHF100 (inc TVA) or less, at which time the standard delivery charge shall be applied without notice.

3.15.4. Goods (in transit) are insured to the maximum value of CHF 500 (inc TVA).

3.15.5. The delivery charge includes 8% TVA.

3.16.Packing Charges

3.16.1. Appropriate packing charges shall be added to the order value, if ordering items marked as “Fresh” and/or “Frozen”.

3.16.2. A CHF 2.95 (inc TVA) packing charge, to prepare and insert an ice block to the order, shall be added to the order total, for any order containing items marked as “Fresh” and/or “Frozen”.

3.16.3. A CHF 3.50 (inc TVA) packing charge, for a “cooler bag” shall be added to the order total, for any order containing items marked as “Fresh and/or “Frozen”.

3.17.Payments

3.17.1. Payment can be made by PayPal or using any one of the following: Visa, MasterCard, Maestro, V-PAY and American Express.

3.17.2. Payment will be debited from your account upon or shortly before your goods are dispatched.

3.17.3. By using a credit/debit card to pay for your order, you confirm that the card being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer.

3.17.4. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be liable for any delay or non-delivery.

3.17.5. Should the issuer of your card refuse payment, JBM is not obliged to inform you of the reason for the refusal.

3.17.6. JBM is not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

4. Availability Of Stock

4.1. Our website links directly to our stock system. Items displayed for sale on the website are in stock at the time you place your order. However, there may be occasions whereby an item(s) become(s) “unavailable for sale” during the period following your order and the time prior to the item(s) being picked. In this unlikely event, we shall inform you by telephone or email, offering a replacement item(s), in the first instance or, to issue a full refund for that/those particular item(s) that become unavailable for sale; in the second instance your credit/debit card shall not be charged or credited for the appropriate amount previously paid.

4.2. Item(s) displayed on the website that are out of stock or unavailable for sale shall be marked “Temporarily Out Of Stock”, with a date below stating when that/those particular item(s) shall be available for reorder.

5. Cancellation and Returns Policy

5.1. All items are carefully checked before packaging to ensure that they are not damaged and that each ambient/frozen item(s) (i.e. those items contained in sealed tins/jars/plastic & glass bottles/plastic and cardboard tubs/boxes/packaging) shall be delivered with more than 30-days before the BBE date and 2-days before the Use By date for items regarded as “Fresh” or “Chilled”.

5.2. If you wish to cancel your order, you should call JBM on 022 364 1858 or email: orders@jims.ch.

5.3. JBM cannot cancel an order once it has been dispatched.

5.4. If for whatever reason you are not satisfied with the condition or quality of an item(s) and you wish return it/them, you must:

6. Fresh & Frozen Products

6.1. To comply with Health & Safety standards, all refrigerated units, in our shop and in our warehouse, are temperature controlled at a maximum temperature of +3°C and checked each day by our store supervisor and signed off by the shop manager.

6.2. To comply with Health & Safety standards, all freezer units, in our shop and in our warehouse, are temperature controlled at a minimum temperature of -18°C and checked each day by our store supervisor and signed off by the shop manager.

7. Alcoholic Beverages

7.1. A current copy of the JBM license to sell alcohol will be made available for viewing at any time upon request.

7.2. It is an offence for any person under the age of 18 to buy, or attempt to buy intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18.

7.3. JBM is committed to upholding both their legal and social obligations as a retailer of intoxicating liquor. In order to achieve this, JBM has introduced a number of control checks throughout the purchase and physical distribution process (e.g. confirming your date of birth prior to checkout, requesting a contact mobile phone number for possible call back, requesting formal identification of anyone who we may consider to be younger than 18 and/or on completion of delivery the signature of a person over 18 years of age).

7.4. “Multi-Buy” discounted prices may apply from time to time when purchasing specified quantities of bottled/canned beers, ales, ginger beers and/or cider.

7.5. Multi-Buy means a minimum order of 12-bottles (mixed or all the same item) to complete 1-case or a minimum order of 24-cans (mixed or all the same item) to complete 1-case; bottles and cans cannot be mixed to complete a case.

7.6. Once the minimum number of items are ordered to qualify for the multi-buy discount rates then each individual item order over the minimum number shall be charged at the multi-buy discounted sale price(s).

7.7. JBM does not sell wines or spirits are as consequently exempt from sale.

8. Food Dates & Guidance

8.1. Best Before

8.1.1. Best Before End dates (referred as “BBE”) appear on a wide range of frozen, dried, tinned and other foods.

8.1.2. BBE dates are about quality, not safety.

8.1.3. When the BBE date is passed, it does not mean that the food will be harmful, but it may begin to lose its flavour and texture.

8.2. Use By

8.2.1. You will see "Use By" dates on food that goes off quickly, such as smoked fish, meat products and ready-prepared salads.

8.2.2. Don't use any food or drink after the end of the "Use By" date on the label, even if it looks and smells fine. This is because using it after this date could put your health at risk.

8.2.3. For the "Use By" date to be a valid guide, you must follow storage instructions such as "keep in a refrigerator". If you don't follow these instructions, the food will spoil more quickly and you may risk food poisoning.

8.2.4. Once a food with a "Use By" date has been opened, you also need to follow any instructions such as "eat within 3-days of opening".

8.2.5. If the "Use By" is tomorrow, then you must use the food by the end of tomorrow, even if the label says, "eat within a week of opening" and you have only opened the food today.

8.2.6. If a food can be frozen, its life can be extended beyond the "Use By" date. But make sure you follow any instructions on the pack, such as "cook from frozen" or "defrost thoroughly before use and use within 24 hours".

Information supplied by: www.nhs.uk/livewell

9. Nutritional Values

9.1. Whilst every care has been taken to ensure the information relating to each sale item on this website is correct, food products are constantly being reformulated and nutrition content may change. JBM would therefore recommend that you do not rely solely on this information contained on this website and that you should always check the manufacturer’s label prior to consumption.

10. Customer Care & Service

10.1.JBM is dedicated to customer care and service and it is our objective to supply quality goods at all times; should you have any questions about our company, business, delivery service and/or sale items, please call our retail shop premise in Gland +41 (0) 22 364 1858.

10.2.Should you wish for us to source any brand(s), product(s) and/or item(s) not advertised on this website, complete the appropriate field on the website and we shall try to source the product(s) requested. Once the product(s) has/have been identified, JBM shall make contact to provide further details of the product(s), including the retail price(s) and to notify if a deposit payment is required.

10.3.If for any reason you are dissatisfied with our service and/or sale item(s), then you should inform the shop manager at Gland immediately +41 (0) 22 364 1858.

11. Jim’s Loyalty Reward Scheme

11.1.Registered customers shall receive 1-Jim Point (JP) for each multiple of CHF 30 (inc. TVA) spent on an assortment of groceries, non-groceries and/or alcoholic beverages, with any sum over the multiple value to carry-forward and added to the total value of your next order. Note that if the order value is less than CHF 30 then this sum shall be forfeited and shall not carry forward or be added to the next order value.

11.2.15-JPs equal 1-Loyalty Reward Credit (“LRC”) that is equal to a CHF20 (inc TVA) discount that shall be deducted from your next assorted grocery, non-grocery and/or alcoholic beverage order. (LRCs can only be credited against grocery, non-grocery and/or alcoholic beverage orders and cannot be credited towards any delivery and/or packing charges).

11.3.Customers registering their contact details online for the first time shall be credited with 10-JPs.

11.4.Registered customers shall, at all times, be given the opportunity to “unsubscribe” as a registered customer; should they chose to do so, then any accumulated JPs, at that time, shall be forfeited.

11.5.JPs and/or LRCs are non-transferable.

11.6.LRCs cannot be given or exchanged for cash.

11.7.No accumulation of LRC’ is permitted: Only 1-LRC (CHF 20 inc TVA) at a time can be deducted from each online order.

11.8.Recommend a friend and receive 3-JPs.

11.9.Facebook: Give Jim’s in Switzerland a “Like” to receive 3-JPs.

11.10. Jim’s Loyalty Scheme is not available to customers who do not register their contact details.

12. Credit Cards Safety

12.1.The JBM online food shopping service uses Secure Sockets Layer (SSL) technology to encrypt your details as they are being transmitted to us. This prevents anyone from eavesdropping on your shopping session and keeps your card and personal details private.

12.2.We allow you the option to store your card details with us, so that you can order from us again without needing to type your details in. We only ever show you the last four digits of your card number on our public Internet site and of course, this information is 'for your eyes-only'.

12.3.If you do not wish to store your card details with us, you can enter these each time you place an order with the JBM online food shopping service.

12.4.Your payment details are held in a secure encrypted server, which is not accessible from the Internet. Access to this data is also secured internally within JBM and all card numbers are encrypted using a highly secure system that financial and banking institutions rely on, called Triple DES (Data Encryption Standard). This is widely acknowledged as being a very secure way to hide these details from prying eyes.

12.5.Once your order is processed, the payment details associated with your order are removed from our files.

12.6.Verified by Visa and MasterCard® SecureCode™

12.7.To give you even more confidence in shopping online with jims.ch, we have introduced Verified by Visa and Mastercard® SecureCode™. These services enhance your existing card account security against unauthorised use when you shop with us.

12.8.To use this service, you must first register with the bank or other organisation that issued your card. To find out more about these services:

Visit the Verified by Visa website (Link opens in a new window)

Visit the MasterCard® SecureCode™ website (Link opens in a new window)

12.9.Once you've registered and created your own private password with your bank, you will be automatically prompted at checkout to provide this password each time you make a purchase online.

12.10. If you are paying for an order with an incentive code and the total of these exceed the estimated cost of your order, then Verified by Visa or Mastercard® SecureCode™ authentication may take place for a CHF1 transaction amount. You will not be charged CHF1. This happens so that a refund can be made to your card if your actual order cost is less than the gift voucher(s) or your card can be charged if the actual amount of your order exceeds the gift voucher(s) and/or incentive code amount.

13. Data Protection

13.1.By registering your contact details on this website, you give your consent to receive emails, SMS messages to your mobile phone and/or telephone calls relating to our business and/or to your orders. You may, at any time, free of charge, “unsubscribe” to prevent further emails and/or SMS messages from being sent.

13.2.JBM will only pass on customers’ personal data to a Third Party relating to the delivery of an order (e.g. La Poste), otherwise, all personal information stored on the website, is regarded as “strictly private and confidential” by the company.

13.3.JBM does not store credit/debit card details in our records.

13.4.Google Analytics: this website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to Third Parties, where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however if you do this you may not be able to use the full functionality of this website. Third Party vendors including Google may show you personalised advertisements from jims.ch on their websites and use cookies to serve customised advertisements based on your prior visits to the jims.ch website. If you wish to “opt out” of this behavioral advertising program, you can do so on the web page www.google.com/ads/preferences/. By using the jims.ch website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Grocery and Non-Grocery total value: 1 point rewarded for each CHF30 multiple and recorded to your own account. Target 15 points to receive a CHF20 discount voucher by email, with Jim's compliments, that can be used on your next purchase
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Grocery and Non-Grocery total value: 1 point rewarded for each CHF30 multiple and recorded to your own account. Target 15 points to receive CHF20 discount with Jim's compliments that shall be automatically deducted from the Order Value once you reach the target
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