Terms and conditions

1. Introduction

Welcome to GoNiña! 1/3 of the world's food production is wasted. This equates to 1.3 billion tons per year and accounts for 10% of global greenhouse gas emissions. We have made it our mission to change this. GoNiña AG ("GoNiña" or "we"), UID CHE-499.164.486, is based at Zweierstrasse 35, 8004 Zurich, Switzerland.

GoNiña has set itself the goal of drastically reducing this. We offer a platform ("Service") where restaurants, bakeries, supermarkets and other suppliers ("Suppliers") can sell their surplus food to consumers ("Customers") at a reduced price.

These General Terms and Conditions ("Terms") apply to all reservations of Products made via our websites or app ("Platform").

When placing a Reservation Order (as defined below), the Customer must accept these Terms, so the Customer is required to review the Terms thoroughly before the Customer places an order on the Platform.

2. GoNiña Concept

The Products are made available for reservation on the Platform. The Customer may reserve the Products by placing a Reservation Order (as defined below) on the Platform.

The Products are reserved by the Customer when GoNiña confirms this through a Reservation Confirmation (as defined below).

Once a Customer reserves a Product and the Vendor accepts the reservation, the Vendor agrees to offer the Products for sale as described herein. Both parties have a right of withdrawal as described below.

GoNiña only arranges the sale of Products on the Platform on behalf of a Vendor and there is no contractual relationship between GoNiña and the Customer in relation to the Products or the sale of Products. GoNiña bears no responsibility in relation to the Products or the fulfillment of the agreement between the Vendor and the Customer.

GoNiña collects the Purchase Price (as defined below) for the Products solely on behalf of the Vendor and therefore acts only as a payment agent on behalf of the Vendor.

3. Consent

By placing an order on the Platform, the Customer confirms

To be fully legally competent;

To be a consumer and to purchase for personal purposes;

To be 18 years of age and to be in possession of a valid debit, credit card or other means of payment available for payment on the Platform.

GoNiña reserves the right to revise and amend these Terms from time to time for future purchases. The Customer's order will be subject to the terms and conditions in force at the time the order is placed by the Customer, who accepts the current version by placing the order.

4. Contact details and customer service

GoNiña AG

Zweierstrasse 35

8004 Zurich



5. Registration and products

By registering, the customer confirms the accuracy of his/her data, in particular his/her name, age, payment information and address.

The customer can only place an order after successful registration on the platform. The customer can set up an account on the platform for this purpose and choose a password.

The Customer is responsible for maintaining the confidentiality of his/her access data.

GoNiña exclusively mediates the contract between the Customer and the Provider and GoNiña bears no responsibility for the products or the fulfillment of the contract between the Provider and the Customer.

GoNiña is not responsible for the manufacture, sale, purchase, storage, manufacture, production, processing, labeling, packaging, delivery or handling of the Products. GoNiña is also not responsible for the fulfillment of any contractual obligations to the Customer with respect to the Products, including the manufacture, sale, purchase, storage, preparation, production, processing, labeling, delivery, quality, ingredients, allergens or handling of the Products.

Furthermore, GoNiña is not responsible for compliance with applicable laws, including applicable food regulations regarding the manufacture, sale, purchase, storage, preparation, production, processing, labeling, delivery and handling of food, unless GoNiña is expressly named as the manufacturer or seller of the product on the Platform.

The customer will find information about the products and a description of the products on the platform. This information is for information purposes only and is intended to enable the customer to evaluate selected products before making a reservation. Occasionally, the Platform may not be updated and the actual product range, items in stock, etc. may not correspond to those indicated on the Platform. In such cases, GoNiña accepts no liability. Suppliers are responsible for providing information about the products and ensuring that it is factually correct and up to date. GoNiña accepts no responsibility for this.

If the customer has any doubts about allergy warnings, the content of a dish or other product information, the customer must clarify this with the supplier immediately before ordering. The provider's contact information will be displayed on the platform. The customer can revoke the reservation order at any time if the revocation is due to ingredients, allergens or other labeling-relevant information about the product.

Upon Collection (as defined below), the Supplier will provide the Customer with information about the list of ingredients, allergens and other labeling-relevant information about the Product. All Products purchased through the GoNiña Platform are to be consumed immediately upon collection and/or in accordance with the instructions on the Product label or from the Vendor.

GoNiña shall not be liable or responsible for any failure to perform or delay in performance of any obligation in connection with the Products, including with respect to the manufacture, sale, purchase, storage, preparation, production, processing, labeling, delivery, quality, ingredients, allergens or handling of the Products.

6. Reservation of products

The customer will find a list of active suppliers in the app. If the customer has allowed the app to use location services, the app tracks the customer's location and the list shows suppliers near the customer. Once the customer has selected the provider and the product, they are given the option to complete their order by clicking on "Reserve", "Make my reservation" or a similar button.

The list is created primarily with reference to geographical criteria. The customer has the option of filtering the results taking into account the availability of products, the collection time, the category of products included or other criteria defined by GoNiña.

The suppliers listed are those that are active on the platform.

The presentation of the Vendor's products on the Platform is only an invitation to the Customer to make a reservation.

A reservation order placed by the customer via the platform ("reservation order") is deemed to be an offer by the customer to the provider to purchase a product.

The Reservation Order will be accepted by the Vendor at the time of collection, such that the Reservation is final and binding on the Vendor and the Customer at the time of collection of the Product (as defined below). This is subject to the limitations of the right of withdrawal due to the concept of GoNiña as described below.

7. Reservation confirmation

Upon receipt of the reservation order, GoNiña will begin processing it by sending the reservation order to the relevant provider. GoNiña will inform the Customer that the reservation order has been received ("Reservation Confirmation") and is being processed. Please note that the Confirmation that the Customer can access on the Platform only indicates that the Reservation Order has been received and is being processed and does not mean that the Reservation Order has been accepted by the Provider.

The reservation confirmation should be saved by the customer. The reservation confirmation contains information about the reservation order placed by the customer.

8. Right of withdrawal

As it is GoNiña's concept to avoid waste of food and other products, if the Provider has no surplus products, the Provider may cancel the reservation order up to two hours before the start of the agreed pick-up time (as described below). In this case, the Customer will receive a cancellation notification from GoNiña or the Supplier via email and/or SMS and/or a notification from the Platform, provided that the contact details provided to GoNiña are correct and the Customer has consented to receiving such notifications.

As the products are perishable goods and GoNiña's concept aims to avoid wastage of food and other products, the customer has no right of withdrawal, but can only cancel the reservation order up to two hours before the start of the agreed collection period. However, the customer may cancel the reservation order up to the time of collection if the cancellation is due to ingredients, allergens or other labeling-relevant information about the product.

The Customer shall notify GoNiña of the decision to exercise the right of withdrawal via the complaint link on the Platform. If the Customer cancels the reservation order without being entitled to do so under these Terms and Conditions, the Customer shall not be entitled to a refund.

9. Collection

Products reserved on the Platform must be collected by the customer at the specified collection address ("Collection"). The collection time is usually within a period of 10-30 minutes, but can be shorter or longer. The description of the provider and details of when and where the products can be collected are shown on the platform and also in the reservation confirmation.

If the customer arrives at the pick-up address before the specified pick-up time, they should wait outside out of consideration for the provider's other customers. If the customer arrives too late, the provider may be closed and/or the product may no longer be available.

As the products are perishable goods and GoNiña's concept is to avoid wastage of food and other products, the Vendor is entitled to sell the product to another customer if the Customer does not collect the reservation order within the collection time stated in the reservation confirmation.

At the time of collection, the Customer must show the Provider's employees their reservation confirmation in the GoNiña app, whereupon they will "swipe" the receipt and hand over the reserved products. It is the Customer's responsibility to ensure that the reservation confirmation can be displayed in the app at the time of collection. The customer is obliged to check that the products issued and the number of products issued correspond to the customer's reservation.

10. Price

All prices are quoted in the currency of the country in which the provider is located and include the applicable VAT. Payment fees for online payments are not included, unless otherwise stated. All fees associated with the order and payment are calculated and shown when the customer places the reservation order.

Any value of Products listed on the Platform represents the minimum value at which the Products would have been sold as non-surplus food.

11. Terms of payment

The Customer may pay using debit and credit cards from various providers as well as other payment methods available on the Platform.

When using a credit or debit card, the customer must enter their card number, expiration date and security code when placing a reservation order.

When placing a reservation order, the amount specified by the Provider for the Products ("Purchase Price") will be authorized or reserved in the Customer's account ("Account") according to the chosen payment method. The Purchase Price will be debited from the Customer's Account upon reservation of the Product or upon/immediately after collection (depending on the chosen payment method). If the reservation is canceled in accordance with these terms and conditions, the purchase price will be canceled or refunded to the customer. The purchase price will be collected from the Customer by GoNiña on behalf of the Provider. GoNiña may change, modify or restructure the payment procedure for its customers at its own discretion. In the event of a modification of the payment procedure, GoNiña will inform the Customer in advance by e-mail of the planned changes.

The Platform uses PCI-compliant payment service providers. Payment by debit or credit card on the platform is secure and certified by the card issuer. All payments are made via an encrypted internet connection.

GoNiña does not store any debit or credit card details. This information is processed by the payment service providers and may be stored by them.

If the customer's credit card or payment method is declined when paying for an order, the customer must check that the information entered is correct. If the Customer has corrected the error and the credit card is still declined, GoNiña recommends that the Customer contact their bank.

Once the Customer has placed a reservation order using a credit or debit card and the payment has been approved, the bank or card issuer will reserve the full amount of the reservation order. If the reservation order is later declined by the Provider or canceled for any other reason in accordance with these Terms and Conditions, the bank or card issuer will not transfer the amount for the order to GoNiña, but will refund it to the Customer by increasing the Customer's available balance again. However, this may take up to 10 working days (or longer, depending on the customer's bank or card issuer). GoNiña is not authorized to make inquiries with a customer's bank or card issuer regarding specific payment transactions. This must be done by the Customer.

By accepting these Terms and Conditions, the Customer accepts the method of payment described above and agrees that GoNiña is not responsible or liable in this regard.

12. Right of appeal

Irrespective of any existing legal remedies against the Provider, in the event of a complaint about a Product (including "Wonder Bags" and their contents), the Customer must address all complaints to GoNiña's Customer Service before considering any other action.

In the event that the action taken by GoNiña is not to the Customer's satisfaction, these Terms do not limit the means available to the Customer to resolve the dispute with the Provider under applicable law. The Services are subject to the Swiss Code of Obligations and other legal regulations governing the purchase of goods, as well as the provisions contained herein regarding defects and delays.

In the event of a complaint, the Customer must contact GoNiña via the complaint link on the Platform and provide the requested information and information about the Products and explain why the Customer is dissatisfied. Upon receipt of the complaint, GoNiña will process it in cooperation with the Provider, if necessary, and the Customer will receive a response from GoNiña within 10 working days.

If the Customer is not satisfied with GoNiña's response, the Customer may submit a complaint directly to the Provider.

13. Customer reviews

In particular (but not exclusively), reviews submitted by the Customer via the Platform must not

Contain material that is defamatory, obscene or offensive;

promote violence or discrimination;

infringe the intellectual property rights of another natural or legal person;

breach a legal duty to a third party (e.g. a duty of confidence);

promote illegal activities or invade the privacy of another person;

give the impression that they originate from GoNiña; or

be used to impersonate another person or to misrepresent your affiliation with another person.

GoNiña has the right to remove or modify any review posted, uploaded or submitted to the Platform at any time if the review violates one or more of the above prohibitions or is otherwise deemed abusive.

The reviews contained on the Platform are for information purposes only and do not constitute a recommendation by GoNiña. The reviews reflect the opinions of customers or third parties who have placed orders through the Platform. Any statements, advice or opinions expressed by these persons are solely attributable to them. Accordingly, to the extent permitted by law, GoNiña assumes no responsibility or liability for any reviews, including, but not limited to, any errors, defamation, obscenities, omissions or falsehoods that the Customer may encounter in such reviews.

GoNiña is entitled to store the reviews.

The Customer will not receive any compensation or benefits from submitting reviews via the Platform.

There may be a delay between the submission of the review and its publication.

14. Behavior of the customer

Customers are requested to behave in a respectful manner towards the guests and staff of the Supplier and the staff of GoNiña.

If a Customer behaves inappropriately in any way towards the Provider, the Provider's other Customers or GoNiña, commits offenses against or at the Provider in connection with the Services, violates the Provider's or GoNiña's rules of conduct or engages in similar behavior, GoNiña may, in particular following a complaint by the Provider, exclude or suspend the Customer from the Platform and the Services or restrict the Customer's use of the Platform. Such intervention by GoNiña shall not have the effect of limiting the means and rights available to the Provider to assert any claims for compensation.

15. Limitation of liability

GoNiña shall not be liable for any damages arising out of or in connection with (i) matters for which the Provider is responsible, (ii) third party negligence or non-attributable interruption of the availability of the Platform, (iii) orders placed by Customers using fraudulently obtained payment details or other contractual data (e.g. "phishing" of credit card data, identity theft, etc.); (iv) content of websites to which the Platform links, including the accuracy of the linked websites and the data protection on these websites; and (v) similar cases as set out under (i) - (iv), provided that GoNiña cannot be accused of negligent breach of a related contractual obligation.

GoNiña shall not be responsible for any failure or non-performance of its services if this is due to circumstances beyond GoNiña's reasonable control (without GoNiña being at least negligently in breach of a related contractual obligation). These circumstances may include, but are not limited to, disruptions to GoNiña's and/or the Provider's operations as a result of changes in the law, government or official measures, acts of war, terrorism, strikes, physical obstacles, lockouts and natural disasters.

The liability of GoNiña for damages caused by slight negligence is excluded. This limitation of liability does not apply to damage due to loss of life, physical injury, impairment of human health or claims arising from GoNiña's primary obligations or product liability claims.

16. Intellectual property

The Customer may use the Platform and print and download extracts from the Platform for his/her personal, non-commercial use subject to the following conditions:

The Customer may not misuse the Platform (including hacking or "scraping").

Unless otherwise stated, the copyright and other intellectual property rights in the Platform and in the material published on it (including but not limited to photographs and graphic images) are owned by GoNiña or its licensors. These works are protected by copyright laws and treaties around the world. All rights are reserved. For the purposes of these Terms, any other use of extracts from the Platform not covered by this clause is prohibited.

The Customer may not modify the digital or printed copies of any materials printed in accordance with this clause. In addition, the customer may not use any images, photographs or other graphics, video or audio sequences independently of any accompanying text.

The Customer shall ensure that GoNiña's copyright status as the author of the material on the Platform is always acknowledged and referenced.

The Customer is not permitted to use the materials on the Platform or the Platform itself for commercial purposes without obtaining a license to do so from GoNiña.

Except as set out in this clause 16, the Platform may not be used without the prior written permission of GoNiña. No part of the Platform may be reproduced on any other platform, stored or included in any public or private electronic retrieval system or service.

17. Applicable law

These Terms (and any reservation and purchase of products made under these Terms) are governed by the laws of the country in which the provider from which the reservation or purchase is made is located. For customers, this choice of law only applies to the extent that mandatory provisions of the law of the country in which the customer has his habitual residence continue to apply.

Zurich, September 2023, GoNiña AG