Availability of Website

The website www.surmer.ch is owned by “Universal Exports & Trading GmbH” and is trading as ‘SurMer’. References to "we", "us", or "our" are references to SurMer.

Although we aim to offer you the best service possible, we make no promise that our website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us at hello@surmer.ch and we will correct the fault as soon as we reasonably can.

Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via our contact form.

Joining Us

In order to purchase from the website, you must first register to set up an account with us by completing the registration form on the website.

You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes. We cannot accept responsibility for addresses provided incorrectly. We may refuse at our absolute discretion any application to join us or receive our services for any reason whatsoever.

You are responsible for all activities and purchases that occur under your account. You must notify us immediately if you know of, or suspect that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breaches.

Accounts are personal and not transferable. 

Other Applicable Terms

Please take time to review our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Intellectual Property Rights

Website: All intellectual property rights in or relating to the website are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the website in accordance with these Terms and Conditions, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the website.

External Links: From time to time this website may also include links to other websites that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content, privacy policies or operation of such linked website(s), or for anything provided (or not provided) by the third parties controlling such linked websites.

If you create a link to the website and we want you to remove it, we reserve the right to ask you to do so.

Assignation

You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.

No Waiver

If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.

Force Majeure

We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.

Changes to Terms & Conditions

We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes.

Our Liability

Under no circumstances whatever will we be liable to you, whether in contract, delict (including negligence), breach of statutory duty, sickness, death, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms and Conditions.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (i) use of, or inability to use, the website; or (ii) use of or reliance on any content displayed on the website.

THERE MAY BE A RISK ASSOCIATED WITH CONSUMING RAW SHELLFISH AS IS THE CASE WITH OTHER RAW PROTEIN PRODUCTS. IF YOU SUFFER FROM CHRONIC ILLNESS OF THE LIVER, STOMACH OR BLOOD OR HAVE OTHER IMMUNE DISORDERS, YOU SHOULD EAT THESE PRODUCTS FULLY COOKED.

Risk & Title

The Products will be at your risk on completion of delivery.

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges.

Events Outside of Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Event Outside Our Control”).

An Event Outside Our Control includes any act, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility / breakdown of the use of railways, shipping, aircraft, motor transport or other means of public or private transport including traffic; failure by our suppliers to supply; failure of public or private telecommunications networks (including the internet); and the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.

Our Warranty

Subject to the disclaimers set out, we promise to you that any Product purchased from us through our Website will conform in all material respects with its description, be of satisfactory quality, be reasonably fit for all the purposes for which products of that kind are commonly supplied at the time of delivery.

We shall have no liability to the extent that any damage or defect results from:

1. a modification or alteration of the Products by anyone other than us;

2. your or any third party’s use of the Products in a manner contrary to the instructions given to you by us;

3. fair wear and tear, wilful damage, abnormal storage (i.e. not in a fridge) or working conditions, accident, negligence by you or by any third party; or

4. any failure to use reasonable skill and care in using (i.e. preparing and eating) the Products and/or failure to use the Products legally and/or for the purposes for which such Products are intended to be used.

Applicable Law

Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with Swiss law. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the Swiss courts.

Contacting Us

Please submit any questions you have about these Terms and Conditions or an order you have placed or ordering in general via our contact form.

Acceptance of Terms & Conditions

Your purchase from this website is at all times subject to these Terms and Conditions.

Purchase

Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions.

No order is accepted from you until our website displays an order confirmation message. This message is displayed after you have entered your payment details. At this point, a contract will come into existence between you and us.

Payments

The price is as quoted on the website. Prices stated at checkout include VAT and delivery charges.

We take direct one time payments or payments through continuous payment authority.

Your payment details are stored securely by Stripe. If your payment details change, you must update your account accordingly.

You agree not to hold us responsible for banking charges incurred due to payments on your account.

Our products are subject to seasonal changes in supply levels and prices. We reserve the right to change the fees and pricing strategy for any product at any time. We agree to notify you at least 30 days in advance of any change in fees. Please note that you can cancel at any time – see section Cancellation clause below.

Delivery

Our products can only be delivered to addresses within Switzerland.

We use SwissPost to deliver our products or we deliver ourselves. Actual delivery times may vary for you depending on:

• your delivery address;

• circumstances impacting delivery.

We shall notify you when the delivery is despatched.

We reserve the right to use alternative delivery methods without prior notification.

You will not hold us responsible for any delays, outside our control, which relates to the delivery of our products.

Your products should be transferred to a refrigerator at the earliest opportunity. Please do not open until you are ready to store it in your fridge.

Please note your products could be delivered any time between 8am - 6pm during working days. We accept no responsibility for which do not meet the delivery deadline. It is possible to track delivery using the consignment number which is emailed to you prior to your package being despatched.

It is your responsibility to report all lost or undelivered orders within 4 days.

In the event of late or non-delivery, you shall be obliged to exhaust the complaints procedure of the couriers before any claim will lie against us. In the event of you exhausting any rights against the courier, our liability in respect of late or non-delivery is restricted to the price of the order to which the claim reflects

If you change address, you must update your address details in the relevant section of the website to ensure that no orders are sent out to the wrong address. Please ensure this is done in time to take effect before you move as you will not be refunded for any orders posted to the wrong location.

Additional Information

As all of our products are prepared in the same environment – fish and shellfish, although every care is taken, we are unable to guarantee that our products are completely free from any cross-contamination between products.

Fish-bones, cartilage and shells in natural products - Some fish is hand filleted and prepared and although we do our very best to ensure there are no bones in the products, we cannot guarantee this and it is your responsibility to take care when eating these natural products.

We accept no responsibility or liability if any injury or harm occurs due to the consumption of our products.

We will use all reasonable efforts to ensure all details relating to products on the website are correct. While we have used all reasonable efforts to ensure the accuracy of the information on the website, we cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the website.

Storage

Live products such as brown crab, lobster, langoustines, surf clams, razorfish, brown crab, (live) scallops (in-shell) must be completely cooked before freezing.

Mussels or oysters need to be consumed or cooked from live and we would not recommend freezing them at any point.

We include best before dates on all our products, please adhere to these as closely as possible to ensure you have the best experience of each product. Save for the specific products referred to in the clause above, products can be frozen up to and including the ‘best before’ date – however, we recommend if you are choosing to freeze products, to do so within 2-3 days of receiving your order.

Cancellation

Due to the perishable nature of the goods we deliver, you do not have the right to cancel an order for the purchase after it has been dispatched unless the order has been damaged or arrived late. If your order is damaged upon delivery, you may reject it by emailing us and we will either replace the order or give you a full refund.

You may cancel the purchase of a subscription box or order at any time before the cutoff times relevant to your delivery day by emailing us.

Cut off time to cancel:

• 3 days before the 16th of each month and the 3rd of each month.

Cut-off times may vary in the approach to a bank holiday – however, we will advise of changes to the cutoff times in our FAQs page of the website the week before a bank holiday. Cancellation must be made by email and cannot be through social media. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you but received by us, in time for the deadline.

We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and may be without notice.