General Terms and Conditions of Sale and Use — Customers
Miamgo · miamgo.shop — Version 2.5
Preamble
These General Terms and Conditions of Sale and Use (the "GTC") govern access to and use of the Miamgo digital platform (the miamgo.shop website and mobile application, hereinafter the "Platform"), as well as orders placed through it. They apply to any person who places an order via the Platform (the "Customer", "you").
By confirming an order, the Customer declares that they have read and accepted these GTC in the version in force at that time.
Art. 1 — Operator of the Platform
The Platform is operated by Stéphane Decor, Spalenring 63, 4055 Basel, Switzerland (hereinafter "Miamgo", "we"). "Miamgo" is a trade name; it does not designate a separate legal entity. Contact: contact@miamgo.shop.
Art. 2 — Role of Miamgo (intermediary and collection agent)
Miamgo provides a technical service connecting independent businesses (the "Merchants") with Customers, and acts as the Merchant's collection agent within the meaning of art. 394 et seq. CO (Swiss Code of Obligations).
The sales contract for the products (meals, foodstuffs, beverages — the "Products") is concluded exclusively between the Customer and the Merchant. Miamgo is neither the seller, nor the producer, nor the manufacturer of the Products, and does not undertake their preparation.
Miamgo collects the price in the name and on behalf of the Merchant via an approved payment service provider, then remits it to the Merchant after deducting its commission. The debit to the Customer constitutes payment discharging the price owed to the Merchant.
Art. 3 — Definitions
Merchant: the independent business that offers the Products and is their seller.
Order: the selection of Products confirmed and paid for by the Customer.
Payment Service Provider: the technical collection provider (currently Stripe), including card and TWINT payment methods.
Collection Code / QR: the unique identifier generated at the time of the order and enabling collection.
Collection Window: the period during which the Order may be collected from the Merchant.
Cut-off: the order deadline for a time slot, beyond which preparation is initiated.
No-show: the failure by the Customer to collect an Order that has been paid for and kept ready during the Collection Window.
Order without an account (guest checkout): the option to order without creating an account.
Art. 4 — Account and order without an account
Creating an account is optional: the Customer may order without an account (guest checkout). The Customer provides accurate and up-to-date information (in particular a valid e-mail address and, where applicable, a valid mobile telephone number), necessary for confirmation, collection and, if provided, alerts relating to the Order. The e-mail address is the channel through which the confirmation and the collection token (QR / code) are sent; the Customer ensures its validity.
Art. 5 — Placing the order and formation of the contract
The Customer selects the Products available from a Merchant. An Order relates to a single Merchant, a single location and a single collection time slot. A minimum order amount of CHF 8.— applies; it is indicated before confirmation. Availability is reserved temporarily for fifteen (15) minutes to allow payment; failing payment within this period, the reservation is released.
The contract is formed at the time the payment is confirmed, evidenced by the order confirmation. Before payment, the contents of the basket constitute a mere intention, freely modifiable or revocable.
When confirming payment, the Customer expressly acknowledges having taken note of the conditions specifically drawn to their attention at that step, in particular the non-collection clause (art. 9).
Art. 6 — Price and VAT
Prices are stated in Swiss francs (CHF), inclusive of all taxes, as displayed at the time of the Order. The displayed price is the total price actually due; any mandatory charges are included therein, in accordance with the Price Indication Ordinance. The operator is not liable for VAT; no VAT is charged separately for the Platform service, and any VAT due from a VAT-registered Merchant is included in the displayed price.
The payment appears on the Customer's bank statement under the name of the selling Merchant. Any Platform service fees are displayed transparently before payment is confirmed.
Art. 7 — Payment
Payment is made in full, at the time of the Order, via the Payment Service Provider (debit/credit card, TWINT). Card data is processed and secured by the Payment Service Provider; Miamgo does not retain the full card number. Payment constitutes collection on behalf of the Merchant (art. 2).
Art. 8 — Collection of the Order
The Order is collected on site, from the Merchant, during the Collection Window (the chosen time slot, extended by thirty (30) minutes). No delivery or shipping is offered. The Customer presents their Collection Code / QR, which the Merchant checks before handing over. The Collection Code is unique and must not be shared with third parties.
Art. 9 — Non-collection (no-show)
⚑ Important clause, specifically drawn to your attention at the payment step: an Order that has been paid for and kept ready but is not collected during the Collection Window is not refunded.
Where the Customer does not collect an Order that has been paid for and kept ready during the Collection Window, the Merchant's performance is deemed to have been rendered (Product prepared and made available). Consequently, and given the perishable nature of the Products, no refund is due (cf. the principles of art. 91 et seq. CO on default of the creditor).
This rule does not apply where collection was made impossible by the Merchant (stand closed, absent): see the complaint procedure (art. 12). In a spirit of good faith (art. 2 CC (Swiss Civil Code)), a Customer who is prevented from collecting is invited to notify the Merchant as soon as possible; the Merchant may, at its discretion, propose an arrangement, without being obliged to do so.
Art. 10 — Cancellation and refund
By the Customer: cancellation with a full refund is possible as long as the order deadline for the time slot (cut-off) has not been reached. After the cut-off, preparation having been initiated, the Order can no longer be cancelled or modified, save for a goodwill gesture by the Merchant.
By the Merchant: in the event of unavailability or impossibility of performance, the Merchant may cancel the Order; the Customer is then fully refunded via the Payment Service Provider.
Refunds are made to the original means of payment; the time frames depend on the Payment Service Provider and the Customer's bank.
Art. 11 — No right of withdrawal
Swiss law does not provide for a general right of revocation or withdrawal for this type of distance selling. The right of revocation under art. 40a et seq. CO (doorstep selling and similar contracts) does not apply, as the Order is initiated by the Customer on the Platform, outside any doorstep-selling situation. In particular, as regards perishable foodstuffs and products prepared to order, no right of withdrawal applies. This clause does not restrict the Customer's mandatory rights in the event of a defect (art. 12).
Art. 12 — Conformity, defects and complaints
The Merchant is solely responsible for the quality, food safety, hygiene, composition and allergen information of the Products. The warranty for defects is exercised against the Merchant in accordance with art. 197 et seq. CO.
In the event of a problem (non-conforming, missing or undelivered product, closed stand), the Customer may lodge a complaint within 24 hours of the end of the time slot. The complaint is forwarded to the Merchant, who has 48 hours to respond; in the event of disagreement, Miamgo arbitrates and issues a reasoned decision. A well-founded complaint gives rise to a full or partial refund. Miamgo facilitates dialogue without substituting itself for the Merchant.
In the event of an allergy or a specific diet, the Customer checks the available information and, if in doubt, contacts the Merchant before any consumption.
Art. 13 — Liability of Miamgo
Miamgo is responsible for the provision and reasonable availability of the Platform (best-efforts obligation). It is responsible neither for the Products, nor for their preparation, nor for performance by the Merchant.
To the extent permitted by law, Miamgo's liability for indirect damage is excluded. Liability in the event of gross negligence or wilful misconduct (art. 100 CO) and liability for personal injury, which are not excluded, remain reserved. Miamgo is not liable for interruptions due to maintenance, a third party or force majeure.
Art. 14 — Protection of personal data
Personal data is processed in accordance with the revised Federal Act on Data Protection (FADP, SR 235.1). The details (purposes, recipients, retention periods, rights) are set out in Miamgo's Privacy Policy, which forms an integral part hereof.
Art. 15 — Intellectual property
The "Miamgo" trademark, the Platform and its contents are protected. The Customer benefits from a personal, limited and non-exclusive right of use for ordering purposes. Any other use requires Miamgo's written consent.
Art. 16 — Amendment of the GTC
Miamgo may amend these GTC. Substantial amendments are communicated appropriately, as a rule thirty (30) days before they take effect. The GTC applicable to an Order are those in force at the time of its confirmation.
Art. 17 — Good faith and absence of unfair terms
These GTC are interpreted and applied in accordance with the rules of good faith (art. 2 CC). They do not contain, to the detriment of the consumer, any significant and unjustified disproportion between rights and obligations within the meaning of art. 8 UCA (Unfair Competition Act, LCD); any clause deemed to be such is regarded as not written and replaced by a valid clause that is the closest in economic sense.
Art. 18 — Partial invalidity
If any clause hereof is void or unenforceable, the other clauses remain valid. The clause concerned is replaced by a lawful provision producing, as far as possible, an equivalent effect.
Art. 19 — Dispute resolution (good faith first)
In the event of a dispute, the parties first seek, in good faith (art. 2 CC), a solution through direct communication. Failing agreement within 30 days, they submit the dispute to conciliation (art. 197 et seq. CPC (Swiss Civil Procedure Code)) or mediation. Recourse to the courts is a last resort only.
Art. 20 — Applicable law and place of jurisdiction
These GTC are subject to Swiss law. For disputes with a consumer, the place of jurisdiction is determined by art. 32 CPC (mandatory jurisdiction); no choice-of-jurisdiction clause at the Platform's registered office is enforceable against the consumer (art. 35 CPC — the consumer's fora are reserved). For Customers domiciled abroad, the applicable mandatory fora (PILA) are reserved.
Acceptance