As at 1 December 2021, version 1.3
- Conclusion of a contract
- Deposits for cooling bags and cool boxes
- Delivery Pass
- Modes of payment
- Applicale law and jurisdiction
- Contact / Customer Service
The General Terms and Conditions (hereinafter referred to as "GTCs") apply to all orders placed via the Migros Online Ltd online shop (hereinafter referred to as "Migros Online") and all contracts concluded (hereinafter referred to as "orders").
Migros Online reserves the right to change the GTCs. The valid version of the GTCs at the time of placing the order shall apply. It may not be amended unilaterally for the relevant order.
Offers are made to customers who are either natural persons or legal entities domiciled in Switzerland or Liechtenstein. Deliveries may be made only to addresses in Switzerland or Liechtenstein.
Offers are valid for only as long as they appear on the online shop and/or while stocks last. Migros Online may change its prices and product range at any time. The images used in advertising media, brochures, on the online shop, etc. as well as all information about the products themselves are for illustrative purposes only and are non-binding. Only the specific information displayed on the product packaging shall apply.
Prices are displayed in Swiss francs and include value-added tax (VAT). Where applicable, prices also include the advanced recycling fee (ARF).
The prices stated on the online shop at the time of placing an order shall apply.
For goods whose price is calculated according to the precise measured weight (fruit, vegetables, cheese, meat, etc.), the stated basic per-unit price applies. The retail price listed next to or below the offer corresponds to the average value within the given weight range (e.g. for a weight range of 400-600g, the displayed retail price is for 500g). However, the amount actually delivered and thus the definitive invoiced price of such products can only be defined after precise sorting. For this reason, the amount actually invoiced or debited may end up being less or more than the stated retail price.
Orders placed for additional products or services subject to charge, e.g. delivery, cooling bags or cool boxes, etc. are listed separately in the shopping cart and on the invoice.
The presentation of products on the online shop shall not constitute a legally binding proposal but rather a non-binding online catalog or non-binding invitation to customers to order a given product on the online shop. Migros Online reserves the right to limit the delivery quantities of specific products and not to deliver orders involving exceptionally heavy or bulky products.
Migros Online does not sell any alcohol to people under the age of 18. Customers purchasing such products declare that they are least 18 years old. Payment for initial orders involving alcoholic beverages is only possible by credit card. Furthermore, when purchasing alcoholic beverages, the date of birth must be added to the customer profile. Customers who have ordered alcoholic beverages must be able to show an identity card on request.
Placing an order shall constitute an offer to enter into a contract with Migros Online.
All orders are subject to a minimum purchase value. The minimum purchase values and delivery cost guidelines stated on the online shop shall apply. For initial orders, the total value of the products in the shopping cart may not exceed CHF 2,000 (if payment is made by credit card) or CHF 500 (if payment is made by payment slip).
Following placement of the order, the customer is automatically issued with a confirmation by Migros Online, documenting receipt of the order. Customers may cancel or add to their order only until order processing commences at one of our logistics centers. Additions to orders are calculated on the basis of the original order value. Any special offers and discounts applicable at the time of the addition are not taken into account.
Migros Online may reject an order, either in its entirety or in part, without stating the grounds. In such cases, Migros Online will inform its customers accordingly and refund any payments already made. No other claims shall be accepted. In particular, undeliverable products will not be delivered at a later date. Temporarily unavailable products cannot be pre-ordered.
b) Climate contribution
Migros Online can give customers the choice of making a voluntary contribution (known as a climate contribution) to support climate protection projects. The climate contribution depends on the CO2 emissions of the purchased products. If a choice of whether to make a climate contribution is available, this will be displayed to customers in the order overview together with the specific amount of the climate contribution. If customers opt to make a climate contribution, this will become part of the contract. Once an order is ready for delivery, a customer's climate contribution can no longer be reimbursed. This also applies in the event of goods being damaged and/or returned. If an order is cancelled before it is ready for delivery, the climate contribution will be reimbursed.
To calculate the CO2 emissions quantity, we take into account the production of the products, their storage and transportation to the Migros distribution centres, and the production and disposal of the packaging materials. For products that do not belong to the foodstuffs product range ("Non-food"), the costs of disposal will also be included in the calculation. For products with variable weights, the climate contribution will be displayed in the order overview as a maximum value and the customer will be charged the actual value when the corresponding order is ready for delivery. If the CO2 emissions value or the weight is missing for an article, the average value of the product category into which the article falls is used instead. The climate contribution is rounded up to the nearest five (5) CHF cents in each case and is subject to VAT. No Cumulus points are credited for the climate contribution. Furthermore, the climate contribution cannot be combined with discounts or promotions.
Each climate contribution is paid into the M Climate Fund to promote projects that reduce CO2 emissions along the supply chain of the Migros Group. Migros Online calculates the climate contribution with the support of a third party and strives to ensure the correct data. The calculation of the underlying CO2 emissions values of the products will be continually checked and adjusted by internal and third-party specialists.
5. Conclusion of a contract
A contract shall be deemed to be concluded when the order is processed at a Migros Online logistics center. Customers will receive an order confirmation by e-mail as soon as the relevant order is ready for dispatch.
6. Deposits for cooling bags and cool boxes
Cooling bags and cool boxes are the property of Migros Online.
a) Cooling bags
Cooling bags may be returned to delivery staff either immediately upon delivery or on one of the subsequent delivery dates. Cooling bags must be returned to Migros Online within 4 months of delivery. After this time, Migros Online will no longer accept the return of the bags, which will then be deemed the property of the customer. In such cases, a fee of CHF 5 will be charged per order (not per cooler bag!). These charges are either billed with the next order or invoiced separately if the customer does not place an order within the following 4 months. The fee must be paid within 30 days of receipt of the invoice.
b) Cool boxes
A cool-box deposit of CHF 20 (per order, not per cool box) is listed separately in the shopping cart. Cool boxes may be returned to delivery staff either immediately upon delivery or on one of the subsequent delivery dates. A deposit of CHF 20 will be charged for an order if the customer is not present to receive delivery or decides to keep the cool box(es). Cool boxes must be returned to Migros Online within one year of delivery. After this time, Migros Online will no longer accept the return of the cool boxes, which will then be deemed the property of the customer. Deposits will not be refunded for the delayed return of cool boxes.
Cool boxes contain dry ice as a cooling agent. Dry ice is frozen carbon dioxide at a temperature of -78°C. At room temperature, it transforms from a solid into a gas without leaving any residue. For safety reasons, the dry ice is packed in a container which should not be opened under any circumstances. Never allow dry ice to come in contact with the skin. Cool boxes must be stored in a well-ventilated location until the dry ice has evaporated completely. Dry ice should never be stored in a tightly sealed container. Migros Online waives all liability for any accidents and/or injuries caused by handling dry ice.
Cool boxes may be returned to delivery staff either immediately upon delivery or on one of the subsequent delivery dates. Once all the cool boxes for a given order have been returned to Migros Online, the corresponding deposit is credited to the customer's account.
The customer's delivery address must be in Switzerland or Liechtenstein. PickPost and other third-party delivery and collection services are excluded. Delivery will be made exclusively to the addresses of natural or legal persons.
b) Delivery times
Available delivery slots are displayed on the online shop and can be selected by the customer for delivery of the respective order. It is not possible to set a precise delivery time within a given delivery slot. Delays may occur and specific delivery dates may be blocked, especially on peak days with unusually high delivery volumes. Customers will not be entitled to claim damages or make any other claims in relation to this.
Deliveries cannot be made on Sundays or national or cantonal holidays.
If the customer is not present at the delivery address at the time of delivery and has not given any special delivery instructions, the delivery will be left at the front door of the apartment/house or the reception/entrance of the company. Depending on the delivery time frame, orders may also be delivered to a neighbor living in the same building if this neighbor's address and telephone number were entered in the customer's account under "optional details" before the order was placed. If the customer's letterbox is part of a letterbox system, delivery staff will place a collection notification in the customer's letterbox. The customer will then be required to collect the delivery at the specified post office.
Customers will be responsible for delivered products, even if they have not been received in person by the customer. We advise customers to accept deliveries of frozen products in person.
c) Delivery costs
The cost of delivery depends on the total value of the ordered products (minimum purchase value excluding delivery charges, deposits and credits). The cost of delivery stated on the online shop and delivery cost guidelines apply. Delivery costs are listed separately in the shopping cart and on the invoice.
d) Maintenance of the cold chain
Migros Online is committed to maintaining the cold chain until orders are delivered to the delivery address. Responsibility for maintaining the cold chain is transferred in full to the customer following receipt of their order at the delivery address.
8. Delivery Pass
The delivery pass applies only to the Migros Online delivery service. Delivery passes are available only to customers aged 18 or over who have a Migros Online customer account. Delivery passes are linked to a customer's account and are non-transferable. Delivery passes may be used only for the regular requirements of a household or a company. Migros Online may reject or cease delivery passes without stating the grounds.
Not all Migros Online vouchers can be used to collect points in conjunction with a delivery pass. The conditions of redemption stated on the respective Migros Online voucher shall apply.
Customers benefit from free delivery throughout the pass period when placing orders worth the minimum purchase value or more. Delivery passes are subject to the provisions of the latest version of the delivery cost guideline at the time of the subcription.
Migros Online may not unilaterally alter the conditions of the delivery pass during the term of the subscription unless this is in the customer's favor.
c) Subscription, payment and renewal
Customers can select and purchase one of the delivery passes and subscription periods on offer under "My delivery pass" in their customer account. The payment modes available to customers can be found in section 11 of these GTCs. The full price of the delivery pass is payable in advance.
Delivery passes only come into effect upon written confirmation by Migros Online. Once subscription has been completed, the delivery pass appears in the customer account under "My delivery pass." It is then valid and can be used immediately.
On condition that the delivery pass has not been used, customers may revoke their purchase of the delivery pass within seven (7) working days by notifying the Migros Online customer care service. The revocation period commences one (1) day after purchase of the delivery pass. The purchase of the delivery pass can no longer be revoked after this period.
Each delivery pass is valid for the term specified by the customer and renews automatically for an identical period. Customers can cancel automatic renewal at any time without notice at the end of the subscription period. In all cases, customers will be notified by e-mail in advance that their current subscription is ending and about to be renewed.
Delivery passes cannot be terminated prematurely. Customers who do not use their pass will not be entitled to a refund of the subscription fee.
d) Misuse of delivery passes
Migros Online reserves the right to monitor the use of delivery passes by customers and cancel them without any compensation or reimbursement if
- Use of a delivery pass is found to be exceptionally high and clearly exceeds normal use by a household or a company,
- The delivery pass is used by a third party not residing in the subscriber's household or by another legal entity.
e) Payment default
In the event of payment default, Migros Online will not be obliged to accept new orders and will be entitled to suspend outstanding deliveries. Until payment of all outstanding amounts has been settled in full, the customer will not be able to use the delivery pass and will not be entitled to any compensation/credits for the period during which use of the delivery pass was unavailable.
Migros Online guarantees the quality and shelf-life of its products under the following conditions:
- Non-refrigerated food products and dry goods must be stored in a cool, dry place.
- Refrigerated foods must be unpacked immediately upon delivery and stored at maximum of 2-5°C.
- Frozen products should be handled properly and stored at a temperature of -18°C or below without interrupting the cold chain.
For customers who can provide evidence confirming compliance with these storage conditions, Migros Online guarantees that ordered products will meet the relevant standards until the relevant best-before date, though for no longer than two (2) years from the date of delivery. A statutory period of two (2) years from the delivery date applies for products that do not bear a best-before date. In particular, the terms of the "money-back guarantee" described here shall apply.
Migros Online can fulfill its guarantee through either partial or complete replacement by an equivalent product, a reduction in price or by issuing a credit note up to the sales price applicable at the time of the order.
Customers do not have a general right to return fault-free products that are delivered properly. Warranty claims are explicitly excluded for products whose intrinsic quality (for instance, their taste quality) does not meet the customer's expectations, for fresh produce, fruit and vegetables which may be spoiled due to improper handling or an interruption of the cold chain by the customer and for products ordered by mistake.
Should delivered products exhibit clear damage to their packaging or contents, the customer must immediately complain to the delivery staff and refuse acceptance thereof. Any transport-related damage must also be reported to Migros Online immediately.
Customers are also obliged to check ordered products immediately upon delivery and store them correctly (in particular refrigerated and/or frozen products). Any defects to or deviations from an order must be reported to the Migros Online customer care service of the day of delivery, by either calling the customer care service on 0848 111 999 or sending an e-mail to firstname.lastname@example.org. Thereafter, customers may only claim for hidden defects that must be reported to the customer care service of Migros Online immediately upon discovery. The amount paid by customers for defective goods is credited to their account. Migros Online reserves the right to request proof of defects.
11. Modes of payment
Payments must be made in Swiss francs.
a) Electronic payment
Customers may pay using credit cards (Visa, Mastercard, American Express, PostFinance Card) or a debit card (Postcard). When paying by credit card or debit card, the amount is charged after the order has been processed at the Migros Online logistics center.
b) Purchase on account
Because Migros Online must bear the initial cost of orders, it checks the customer's creditworthiness before delivery in order to safeguard itself against default risks. Migros Online may refuse payment on account without stating the grounds. Only customers domiciled or registered in Switzerland or Liechtenstein are eligible for payment on account.
The customer acknowledges that a credit check may be carried out in connection with the conclusion of the contract and that for this purpose personal data will be stored and forwarded to Intrum SA, the company commissioned to carry out the credit check.
In the case of payments on account for which payment slips are sent by post, invoices including payment slips for all orders in the preceding four (4) weeks are sent separately on the 16th of each month. The invoiced amounts are due for settlement in full by the end of the month. If the customer opts for payment using an online payment slip, the online invoice appears on the customer's account within two (2) working days of delivery of the order. It is due for settlement in full by the end of the month.
Should a customer be in arrears and fail to meet their payment obligations either in full or in part, all outstanding amounts that the customer owes Migros Online shall be due immediately, regardless of the title, and Migros Online may demand settlement thereof immediately. In the event of payment default, Migros Online will not be obliged to accept new orders and will be entitled to suspend outstanding deliveries.
In the event of default, Migros Online will be entitled to charge dunning fees and late-payment interest. All expenses incurred in connection with the recovery and collection of overdue payments shall be borne by the customer. Should reminders fail to secure payment, Migros Online will be entitled to commission a debt-collection agency to recover the invoiced amounts. This debt-collection agency will assert the claims for the outstanding amounts in its own name and may charge additional processing fees and late-payment interest from the due date.
c) Refunds, credits and vouchers
If a customer is entitled to a refund or other or credit, the relevant amount is credited to the relevant customer account and can be used for purchases at Migros Online.
Migros Online vouchers can be neither sold nor auctioned off. Only one voucher may be used per order.
Cumulus is Migros' customer loyalty program. When placing an order, customers can collect Cumulus points on the whole assortment (excluding alcohol). Cumulus points cannot be claimed after an order has been submitted.
Blue Cumulus vouchers can be used for payment for all articles in the Migros Online product range. Following confirmation by Migros Online, the value of the Cumulus voucher is directly deducted from the order amount before any other credits are applied.
Migros Online also accepts selected digital Cumulus coupons on Migros products. The redemption options indicated on the respective Cumulus coupon are decisive. Each Cumulus voucher or Cumulus coupon is valid only once. Once a Cumulus voucher or coupon has been used for an order, it cannot be used for any other purpose.
The general terms and conditions of the Cumulus program apply.
13. Applicable law and jurisdiction
All legal relationships between Migros Online and the customer are subject to the substantive law of Switzerland to the exclusion of conflict-of-law provisions and the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention).
The place of jurisdiction for natural persons is Zurich, Switzerland or the customer's domicile. The exclusive place of jurisdiction for legal entities shall be Zurich, Switzerland.
14. Contact / customer care service
Do you have any questions? Check out our FAQ section, which provides answers to the most frequently asked questions.
Queries should be addressed to the Migros Online customer care service by calling 0848 111 999 or sending an e-mail to email@example.com.