Monthly Subscription Conditions

Update date: January 30, 2023

Article 1 – Generalities

1.1 The present General Terms and Conditions of Services are intended to govern the relationship between:

• • Taktime SA registered in the Geneva Trade and Companies Register under registration number: GE-494.715.189, whose registered office is located at 8 Rue Caroline, 1227 Les Acacias, Geneva, which provides the digital service allowing customers to subscribe to a monthly subscription service with a Participating Restaurant giving access to a selection of dishes under the conditions  determined (“the Subscription”)
  • The customers (“the Customer” or “the Customers”), who subscribe to this subscription.
  • The Participating Restaurant (ROCCABIANCA), which provides the Customers with the take-away meals of this brand through Taktime SA.

1.2 All written relations between the Customers and the organizing company must be made via the email address: contact@roccabianca.ch

1.3 Taktime SA, which owns and manages physical and virtual restaurants in Switzerland, is launching a monthly subscription “La Dinguerie Gourmande 2023” which will be available and valid only on the ROCCABIANCA brand. The other brands of the group are not concerned by this subscription “La Dinguerie Gourmande 2023″.

Article 2 – Conclusion of the contract

2.1 Who can subscribe to the “La Dinguerie Gourmande 2023” Subscription?

• • The Subscription can be taken out by any individual, aged 18 or over, with legal capacity. A person can only take out one Subscription. Therefore, the Customer agrees not to create a duplicate subscription.

2.2 Participating restaurants:

• • The Subscription can be used in the ROCCABIANCA restaurant located at 8 rue Caroline, 1227 Geneva, of which the Customer is invited to regularly consult any updates on the website www.roccabianca.ch.
  • ROCCABIANCA is a virtual restaurant which cannot accept any customer to eat on the spot.

2.3 How to take out a subscription?

• • The subscription is done online, via the website www.roccabianca.ch, on the page www.roccabianca.ch/monthly-subscription, provided for this purpose.

2.4 Confirmation of the subscription:

• • Once the order and the payment of the first month have been validated and received in the bank on the XXXXXXXXXXXXX account, ROCCABIANCA sends a confirmation e-mail to the Customer at the e-mail address provided during the subscription.
  • However, in case of legitimate reasons (such as, for example, bank refusal), ROCCABIANCA reserves the right not to confirm or to cancel the subscription of the Subscription. In this case, it will inform the Customer by e-mail.

2.5 Limitation of the number of subscriptions:

• • The number of subscriptions for sale is limited to 200 for the period from February 9, 2023 to April 30, 2023. Taktime and ROCCABIANCA Restaurant reserves the right to reduce this limit.
  • Once this limit is reached, the restaurant in question will no longer be able to be selected by the Customer for the subscription of a new subscription. Taktime and ROCCABIANCA restaurant reserves the right to increase or not this limitation and/or to extend the sales period.

2.6 Pricing and conditions of the subscription:

• • The first price is 69.90 for a subscription with a mandatory minimum of 3 months.
  • The second rate is set at 99.90 for a one (1) month subscription with no commitment of more than 30 days.

Article 3 – Withdrawal, the Customer who has subscribed to the Subscription on the above-mentioned website has a period of seven (7) clear days at the latest from the date of the e-mail confirming the Subscription sent by ROCCABIANCA, to exercise his right of withdrawal without having to justify his reasons or pay any penalties.

3.2 As an exception, the Customer expressly waives his right of withdrawal by making use of his Subscription before the end of the seven (7) day period mentioned above in the selected restaurant.

3.3 In order to exercise his right of withdrawal, the Customer must send an email to the ROCCABIANCA customer service email address (contact@roccabianca.ch) confirming his intention to withdraw with the following information: name, email and subscription number. The reimbursement corresponding to the totality of the sums paid will be made by the same means of payment as the one used for the payment of the price of the Subscription and at the latest within fourteen (14) days following the date of withdrawal.

Article 4 – Purpose of the subscription

The subscription entitles you to order one pizza per day.

4.1 Eligible Products: The Customer can only use the subscription to order one of the following dishes: Pizza Margherita / Four Cheese Pizza / Pizza Tuna Calabrese / Pizza Regina / Pizza Cabra / Pizza Roccabianca / Pizza Verdura / Pizza Napolitana / Pizza Emilia-Romagna.

• • The list of Eligible Products may change from time to time; if so, ROCCABIANCA will endeavour to update this list as and when products are added or removed and will inform the Customer in advance by email of any substantial changes. Before ordering any of the Eligible Products, the Customer is invited to consult the list of allergenic substances in the restaurant.

4.2 Conditions of use:

• • Subject to compliance with these General Terms and Conditions, and in consideration of the monthly subscription fee, the Customer may use his or her Subscription once a day, for only one of the Eligible Products and only in the ROCCABIANCA Participating Restaurant selected at the time of subscription.
  • The Subscription is only valid for take-away sales at 8 rue Caroline, 1227 Les Acacias, Geneva.
  • To benefit from the Subscription, the Customer must present his ROCCABIANCA loyalty card (physical or dematerialized) at the time of payment in the restaurant.
  • The Customer’s identity card may be requested at the discretion of the Participating Restaurant. In the absence of one of these elements, the Participating Restaurant may refuse the free use of the Eligible Product requested.

Article 5 – Duration

5.1 Subscription with an initial term of 3 months
The Subscription takes effect as of the date the Customer receives confirmation of the Subscription for a minimum firm period of three (3) months (the “Initial Period”).

• • After this period, the Subscription will be renewed by tacit agreement for periods of 3 calendar months.

5.2 Subscription without an initial term of 3 months

• • The Subscription takes effect upon receipt by the Customer of the Subscription confirmation for a firm period of one month.

Article 6 – Operation of the subscription

6.1 General information:

6.1.1 Upon confirmation of the Subscription by ROCCABIANCA, the Customer receives an email containing the receipt of his payment and an email for the validation of his Subscription offer, directly credited to his loyalty card.

6.1.2 The Subscription is accessible on the Customer’s ROCCABIANCA loyalty account.

6.2 Strictly personal nature of the Subscription:

6.2.1 The Customer undertakes to keep his Subscription confidential and not to share it with any other person. It is the Customer’s responsibility to ensure that no one obtains unauthorized access to his Subscription. ROCCABIANCA shall not be liable for any loss that may be suffered by the Customer (including loss of the benefits of the Subscription) in the event of unauthorized use of his Subscription, unless such loss is due to ROCCABIANCA’s gross fault or negligence.

6.2.2 If ROCCABIANCA has reasonable grounds to believe that the Customer is sharing his Subscription in violation of these General Terms and Conditions, ROCCABIANCA reserves the right to suspend the Customer’s account, and, if its investigations confirm this, to terminate the Subscription under the conditions specified in Article 9.2 of these General Terms and Conditions.

6.3 Exclusion of use of the Subscription for commercial purposes:

6.3.1 The Subscription is taken out for strictly private use and not for commercial use. The Eligible Products ordered are intended for Customer’s personal consumption.

6.3.2 ROCCABIANCA reserves the right at any time and at its sole discretion to verify the eligibility of a Subscriber and the Customer’s compliance with these General Conditions, in particular by ensuring that the Subscription is not used for commercial purposes.

6.4 Absence of use or partial use of the Subscription:

• • ROCCABIANCA shall not be obliged to refund the Customer, in whole or in part, the monthly subscription fee in the event of total or partial non-use of the Subscription by the Customer.

Article 7 – Subscription fees

7.1 Amount:

7.1.1 The Subscription will be invoiced to the Customer at the global and fixed monthly rate of 99.90 Swiss francs including VAT.
7.1.2 As an exception, a three (3) month subscription will be invoiced to Customer at a flat monthly rate of 69.90 Swiss francs including VAT.

7.1.3 The subscription fee includes VAT.

7.2 Payment – Intervention of a Payment Service Provider

7.2.1 Any payment and/or direct debit within the framework of the Subscription is made through the intermediary and under the responsibility of the payment service provider STRIPE (hereinafter “STRIPE”), which ensures the smooth and secure execution of the financial transaction. Subscription to the Subscription therefore also implies adherence to STRIPE’s General Terms and Conditions, which can be consulted here.

7.2.2 At the end of the operation, STRIPE pays ROCCABIANCA the amount corresponding to the order. The sums collected in this way do not bear interest.

7.2.3 ROCCABIANCA commits itself to generate an invoice for the Customers respecting the regulations in force.

7.3 Terms of payment:

7.3.1 Subscription fees are invoiced and debited for the coming month on the day bearing the same date as the day of the Subscription confirmation e-mail or, in the absence of an identical date, on the last day of the month (e.g. for a subscription taken out on August 31st, each debit will be made on the 30th or 31st of each month).

7.3.2 Subscription fees are charged to Customer’s original payment method on a recurring monthly basis until the Subscription is terminated.

7.3.3 Payment can be made by any MasterCard, Visa or American Express debit or credit card, as well as in cash on premises at 8 Rue Caroline, 1227 Les Acacias, Geneva. An e-mail confirming payment will be sent to the Customer by STRIPE each month on receipt of payment.

7.3.4 If the payment of a recurring subscription fails due to a problem with the means of payment (for example, expiry of the credit card, insufficient funds, etc.), STRIPE will notify the Customer of the non-payment by e-mail and will suspend the Subscription until the situation is regularized. The Customer must add, update or modify his payment details on the STRIPE portal accessible from his ROCCABIANCA account or other information relating to the Subscription, such as his e-mail address and billing address, within nine (9) days of the aforementioned notification. Failing this, ROCCABIANCA reserves the right to terminate the Customer’s Subscription under the conditions set forth in Article 9.2.

Article 8 – Price reductions, promotions and loyalty programs

8.1 ROCCABIANCA may offer, at its discretion, discounts and promotional codes (“Promotions”) to the Customer.

8.2 Unless specifically informed in advance by ROCCABIANCA, no promotion may be combined with the Subscription offer.

8.3 The Customer cannot cumulate the advantages of the present Subscription with those of the loyalty account (except for anniversary offers). No prize money will be obtained on the Products eligible for the Subscription. On the other hand, it will be possible to get a prize on the products ordered in addition.

Article 9 – Termination of the subscription

9.1 Termination at the Customer’s initiative:

9.1.1 The Customer may terminate the Subscription by e-mail contact@roccabianca.ch.

9.1.2 The termination of the Subscription takes effect as follows.
– at the end of the initial 3-month period if the cancellation request was made before the end of the 3-month period or
– at the end of the subscription month in which the termination is made for the following subscription periods.

• • The Customer does not receive any refund for the part of the month following the date of termination. However, he may continue to use the Subscription until the end of the subscription month.

Example: Subscription on January 01, 2023:

– Initial subscription period until April 01, 2023 (if three (3) month Subscription).
– Then renewals by periods of one month

• • If termination occurs online on March 22, 2023, the Subscription will continue until April 01, 2023, the end date of the initial period at which it will be terminated.
  • If termination occurs online on April 02, 2023, the Subscription will continue until May 01, 2023 when it will be terminated).

9.2 Termination at the initiative of ROCCABIANCA:

9.2.1 Termination outside of a Serious Breach:

– ROCCABIANCA may terminate the Subscription at any time at its discretion upon written notice. In this case, the termination of the Subscription takes effect 5 days after the date of notification by email. The Subscription is not renewed and the recurring subscription fees are no longer charged the following month of subscription. Customer will receive a refund for the current month within 15 days.

9.2.2 Termination in case of Serious Default: ROCCABIANCA may also terminate the Subscription in case of Serious Default by the Customer, which can be constituted by, and without this list being exhaustive :

– The sharing by the Customer of his Subscription and the creation and/or holding of a duplicate Subscription;

– Customer’s failure to make payments that persist beyond a period of nine (9) days from the date of failure to make payments, in accordance with Article 7.2;

– A serious breach by the Customer of any other terms and conditions or contracts entered with ROCCABIANCA which ROCCABIANCA believes may adversely affect the performance of the Customer’s obligations under these terms and conditions.

• In this case, the termination takes effect immediately, the subscription can no longer be used and the Customer is not entitled to the reimbursement of any remaining period of the initial 3 month period or of the current month. ROCCABIANCA also reserves the right to delete the Customer’s account.

9.2.3 Non-renewal
ROCCABIANCA reserves the right not to accept a new subscription request or any monthly renewal if ROCCABIANCA reasonably believes that the Customer does not respect (or has not respected in the past) the present General Conditions.

Article 10 – Account management

10.1 When the Subscription is active, the Customer can send an e-mail to contact@roccabianca.ch to:

– Verify his account information and Subscription details;

– Update his address;

– View billing history and download invoices; change payment information; cancel Subscription.

10.2 The General Terms and Conditions of Use relating to the loyalty account are applicable.

Article 11 – Obligation of the parties

11.1 Obligations of the Participating Restaurant:

11.1.1 The Participating Restaurant undertakes to use all necessary means to ensure that the Service is carried out in the best possible way and, in particular, to use its best efforts to provide the dishes listed in the List of Eligible Products.

11.1.2 In the event of unavailability of said Products, ROCCABIANCA may, at its discretion, propose to the Customer the substitution of other equivalent products.

11.2 Obligations of the Customer:

11.2.1 The Customer undertakes to pay the agreed Price in the manner and under the conditions mentioned herein. The Customer shall ensure that sufficient funds are available on its recurring payment method to allow the Subscription price to be debited when due.

11.2.2 Customer agrees to use its Subscription under the conditions described in Article 6 above.

Article 12 – Modification of the general conditions

12.1 ROCCABIANCA reserves the right to update or modify the Subscription and/or the present General Conditions:

12.1.1 Immediately after informing the Customer in the event of a change in the applicable law and/or regulations and/or for security reasons that require ROCCABIANCA to modify the Subscription and/or these General Conditions; or

12.1.2 from the start of the Customer’s next monthly renewal if ROCCABIANCA needs to modify the Subscription and/or these General Conditions for any other reason.

12.3 The Customer is deemed to have fully accepted the modifications made if he does not make known his wish to terminate his Subscription within 7 days following the communication of the said modifications to the e-mail address communicated when his account was created.

12.4 In the same way, the use of the Subscription by the Customer according to the new terms communicated by ROCCABIANCA is considered as acceptance of its terms.

Article 13 – Personal data

All nominative information collected for the subscription, the management and the functioning of the Subscription are subject to computer processing by ROCCABIANCA, for the purpose of identifying customers, managing customer relations, and processing Subscription subscriptions for statistical purposes.

The conditions of conservation, communication, rectification or deletion of this data can be consulted here.

Article 14 – Severability

In the event that a clause of these General Terms and Conditions is null and void and/or a court rule that a part of these General Terms and Conditions is null and void or deemed unwritten, the remainder of the said contract shall remain in force and shall not result in the nullity of the Subscription. Each paragraph of these Terms and Conditions is severable. If a court or competent authority decides that one of them is null and void, the other paragraphs remain in force and have full effect.

Article 15 – Force majeure

15.1 ROCCABIANCA cannot be held responsible with regard to the present General Terms and Conditions because of a delay and/or a failure to execute one of its obligations, if this delay or this failure to execute results from a case of force majeure, i.e. events, circumstances or causes beyond its control, which could not be reasonably foreseen at the time of the conclusion of the contract and which could not be avoided by appropriate measures (in particular, in case of a pandemic or local contamination).

15.2 In the event of a temporary impediment, ROCCABIANCA may suspend the Subscription for the period during which it cannot be used (for example, because the Participating Restaurants concerned are subject to a temporary administrative closure). During this period of suspension, ROCCABIANCA will not accept any payment from the Customer under these General Conditions. The Subscription will resume once the temporary impediment has ceased.

15.3 However, if the period of delay or non-performance continues for more than one (1) month, the Subscription may be terminated at will by either Party. In this case, ROCCABIANCA will pay the Customer a pro rata refund of an amount equal to the subscription fees that the Customer has already paid for the period following the termination of his subscription.

Article 16 – Applicable law

The Subscription Contract is subject to Swiss law.

Article 17 – Mediation

As a consumer, the Customer has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of any dispute opposing him to ROCCABIANCA, relative to the present contract, provided that he has previously addressed a written complaint to the mediator, and that the complaint has not been resolved.

Thus, the Customer will address himself in priority to the customer relations department:

• Telephone number from Switzerland: 079 305 16 16 (Our advisors are available from Monday to Saturday from 9 am to 6 pm)
• Contact form: https://roccabianca.ch/fr/contact/
• E-mail: contact@roccabianca.ch
• Postal address: 8 Rue Caroline, 1227 Les Acacias, Geneva

ANNEX
Annex 1:

Please complete and return by email to contact@roccabianca.ch this form only if you wish to withdraw from the contract:

I hereby notify you of my withdrawal from the contract for the following ROCCABIANCA subscription:

• • Subscription card ID
  • Name and surname of the consumer:
  • E-mail address:
  • Loyalty account number:
  • Date:
  • Signature:

Order with Us