1. The company, scope of application and definitions

1.1 The company

Madame Sum AG, Holunderweg 4, 8704 Herrliberg, Switzerland, registered in the Commercial Register of the Canton of Zurich under number CHE-145.907.138 (below "Madame Sum", "we" or "us"). Contact: support@madamesum.ch.

1.2 Scope

These General Terms and Conditions of Sale (below "GTC") govern all contracts for the sale and delivery of goods concluded between Madame Sum and its customers through our online shop at www.madamesum.com and www.madamesum.ch (below the "Online Shop"), and, in accordance with clause 15, catering and private event orders placed with us.

These GTC apply to every order placed through the Online Shop, irrespective of whether the customer is a private person or a business (below the "Customer" or "you").

1.3 Business customers

A business customer is any natural or legal person acting in the course of a trade, business or profession. Where a business customer places an order through the Online Shop, these GTC apply to that order with the following modifications:

• The prices displayed in the Online Shop apply, including VAT.
• Our liability is limited to the invoiced value of the Products affected by the event giving rise to the claim, in addition to the limitations set out in clause 12. Liability that is mandatory under Swiss law remains unaffected.
• The exclusive place of jurisdiction is the registered seat of Madame Sum AG; the reservation of consumer places of jurisdiction in clause 20 does not apply.
• The Products are purchased for consumption within the customer’s own business and not for resale. Resale remains subject to clause 16.

1.4 What these GTC do not cover

These GTC do not apply to:

• Purchases made in person at the Dumpling Bar at Globus Zurich Bellevue or at any other physical point of sale, market stand, pop-up or event. Such purchases are governed by the terms of the operator of the point of sale concerned and do not give rise to Dumpling Addict Club points.
• The purchase of vouchers, deals or promotional packages from third-party platforms and partners. The purchase of such a voucher is a contract between you and the platform concerned and is governed by that platform’s terms. The redemption of the voucher in our Online Shop is governed by these GTC, subject to clause 8.4.

1.5 Definitions

"Order" means an order placed by you through the Online Shop. "Delivery Date" means the delivery date you select during checkout. "Products" means the goods offered in the Online Shop. "Club" means the Dumpling Addict Club described in clause 3.

2. Acceptance of these GTC, clauses requiring your attention, and amendments

2.1 Acceptance

These GTC form part of every contract concluded through the Online Shop. Before completing checkout you must actively confirm that you have read and accept these GTC. Without that confirmation an Order cannot be submitted. The version of the GTC accepted by you at the time of the Order applies to that Order.

2.2 Clauses requiring your particular attention

We draw your attention specifically to the following provisions, which depart from what you might otherwise expect and which you accept by placing an Order:

Please read these points before ordering.

You may cancel an Order only until 12:00 noon on the day before the selected Delivery Date (clause 6.3). After that time the Order is binding and cannot be cancelled, changed or returned.

Our Products are perishable foods. They cannot be returned or exchanged for reasons of hygiene and food safety (clause 11.6). There is no right of return or withdrawal.

You authorise our logistics partner to deliver in your absence and to leave the consignment at your address. Risk passes to you at that moment (clauses 9.4 and 9.5).

A gift card must currently be redeemed in a single Order. Any unused balance is not automatically retained — but on request we will issue you a new gift card for it (clause 8.1).

Complaints about the condition of the Products must reach us within 48 hours of delivery for defects that are apparent on delivery (clause 11.1).

2.3 Amendments

We may amend these GTC at any time. An amended version enters into force thirty (30) days after it is published in the Online Shop or otherwise notified to you. The version in force at the time your Order is placed governs that Order; amendments have no retroactive effect. We archive all previous versions and will provide any earlier version on request.

3. Customer account, Dumpling Addict Club and communications

3.1 Account

You may place an Order as a guest or through a customer account. If you open an account, you undertake to provide accurate and complete information and to keep it up to date. You are responsible for keeping your access credentials confidential. We are not liable for the consequences of an Order that cannot be fulfilled because the information you supplied was missing, inaccurate or out of date.

We may suspend or close an account and refuse further Orders where these GTC are seriously or repeatedly breached, where the account is used fraudulently, or where Products are resold in breach of clause 16. This is without prejudice to any other claim we may have.

3.2 Dumpling Addict Club

Membership of the Club and of all of its tiers is free of charge. There is no membership fee and no subscription. Members collect points on qualifying purchases made in the Online Shop and may redeem them in accordance with the Club conditions published on our website, which form part of these GTC.

Points have no cash value, cannot be exchanged for cash, cannot be sold or transferred to another person and cannot be transferred between accounts. Points are collected only on purchases made in the Online Shop; purchases at the Dumpling Bar, at events or through third-party platforms do not generate points.

Points expire twenty-four (24) months after the date on which they were credited if the account has recorded no qualifying purchase in the meantime. Points and membership benefits lapse without compensation when the account is closed, whether by you or by us.

We may amend the Club conditions, the tier structure and the point values with thirty (30) days’ notice, and may discontinue the Club as a whole — in particular where the relevant sales channel is discontinued — with three (3) months’ notice. Within that notice period you may redeem accrued points in accordance with the Club conditions. We may cancel points and close membership without notice in cases of abuse, manipulation or fraud.

3.3 Marketing communications

At checkout, above the field for accepting these GTC, a separate field is displayed offering our marketing communications. Unless you deselect that field before submitting your Order, we may send you information about our products, offers, recipes and events by email and, where you have provided us with the relevant contact details, by SMS, by messaging services such as WhatsApp and by post. Deselecting the field has no effect on your Order.

Where a messaging service or channel requires separate express consent before marketing messages may be sent, we obtain that consent separately; the field described above does not by itself constitute such consent.

You may object at any time and free of charge, either in full or for individual channels, by using the unsubscribe link contained in every electronic marketing message, by replying STOP to a message received by SMS or a messaging service, or by writing to support@madamesum.ch. An objection does not affect service messages relating to an Order, such as order and shipping confirmations, which we send in order to perform the contract.

3.4 Data protection

Personal data is processed in accordance with our Privacy Policy, available at www.madamesum.com/en/privacy-policy, which describes what data we process, on what legal basis, with which recipients we share it and how long we retain it.

4. Products and availability

Our Products are foods supplied under different storage conditions: depending on the Product, they are frozen, chilled or suitable for storage at room temperature. The storage temperature applicable to each Product is stated on its packaging and in the Online Shop.

Product descriptions, ingredient lists, allergen information, storage instructions and preparation instructions are set out in the Online Shop and on the product packaging. The Online Shop offers our Products in retail packaging intended for household use. The packaging information prevails in case of any discrepancy.

Photographs and illustrations in the Online Shop are for presentation purposes and are not contractually binding as to the exact appearance of the Products delivered.

We may adapt the composition of recipes and the assortment according to seasonality, harvest and the availability of raw materials. Offers in the Online Shop are subject to availability and are not binding offers within the meaning of Art. 7 CO.

5. Prices

All prices in the Online Shop are stated in Swiss francs (CHF) and include Swiss value added tax at the rate in force at the time of the Order.

Delivery charges are shown separately during checkout before you submit the Order. The applicable delivery charges, thresholds for free delivery and any express surcharges are set out on our Shipping page, which forms part of these GTC and may be updated from time to time. The charges displayed to you at the time of your Order apply to that Order.

The price applicable to an Order is the price displayed in the Online Shop at the time the Order is submitted. We may change prices at any time with effect for future Orders. If a price is obviously incorrect — in particular as a result of a technical or typographical error — and the error should reasonably have been apparent to you, we are not bound by it; in that case we will inform you promptly and you may confirm the Order at the corrected price or cancel it in full.

6. Orders, conclusion of contract and cancellation

6.1 Placing an Order

You place an Order by selecting Products, choosing a Delivery Date and delivery option, accepting these GTC and completing checkout. Before submitting the Order you can review and correct your entries.

6.2 Conclusion of contract

The contract is concluded when we send you an order confirmation by email to the address you provided. The order confirmation sets out the Products ordered, the price, the Delivery Date and the delivery address. Please check it on receipt and inform us immediately of any discrepancy.

6.3 Cancellation and changes

You may cancel or change an Order free of charge up to 12:00 noon on the day before the selected Delivery Date, by email to support@madamesum.ch. From that moment the Order enters preparation and becomes binding: it can no longer be cancelled, changed or returned, and the price remains payable. This restriction reflects the short lead time and the perishable nature of the Products.

Swiss law does not provide a general statutory right of withdrawal for purchases made online. Art. 40a et seq. CO applies only to doorstep and comparable sales and not to Orders placed in the Online Shop.

7. Payment

7.1 Payment methods

Payment is accepted in Swiss francs only, using the payment methods offered in the Online Shop at the time of the Order. Card payments are processed through a secured payment platform. We do not receive or store your full card details.

7.2 Third-party payment providers

Where you choose payment by invoice, that service is operated by Cembrapay AG and the terms and conditions of Cembrapay AG apply to that payment relationship. Where you choose a Klarna payment method, we may transmit your contact and order data to Klarna so that Klarna can assess whether you qualify for its payment methods; Klarna processes that data under its own privacy notice. Further information on the data transfers involved is set out in our Privacy Policy.

7.3 Assignment

We may assign claims arising from an Order to a third party, in particular to a payment or factoring provider. Where a claim has been assigned, you may discharge it only by payment to the assignee indicated on the invoice.

7.4 Late payment

Where payment is made by invoice and is not received by the due date, you are in default upon expiry of the payment period. Default interest of five per cent (5%) per annum applies from the due date, together with a reminder fee of CHF 20 per reminder. Where a reminder is issued, we may suspend the payment method originally selected and require an alternative method for further Orders. We may decline further Orders while an invoice remains outstanding, and may decline an Order where we have reasonable grounds to doubt that it will be paid.

8. Gift cards, promotional codes and partner vouchers

8.1 Gift cards

Gift cards issued by Madame Sum can currently be redeemed only in a single Order; the system does not at present retain a residual balance. If the value of your Order is lower than the value of the gift card, please contact us at support@madamesum.ch and we will issue you a new gift card for the unused balance. There is no cash payment of the balance, and gift cards cannot be exchanged for cash. Gift cards cannot be used to purchase further gift cards. Claims arising from a gift card remain subject to the statutory limitation periods.

8.2 Promotional codes

Promotional codes are valid for the period and on the conditions published with the promotion concerned. Unless expressly stated otherwise in those conditions, a promotional code may be used once per customer, cannot be combined with another promotional code, discount or promotion, cannot be exchanged for cash and cannot be applied retroactively to an Order already placed.

8.3 Abuse

We may cancel an Order, refuse a code and close an account where a gift card, promotional code or Club benefit is obtained or used abusively, in particular through multiple accounts, automated means or resale.

8.4 Vouchers issued through partners and prior promotions

Where a voucher, deal or promotional package was purchased from a third-party platform or partner, the conditions published with that promotion — including its validity period, its scope and any delivery conditions attached to it — govern the redemption and prevail over these GTC to the extent of any conflict. The same applies to promotions launched before 1 September 2026: they are redeemed on the conditions published at the time of the promotion, and the entry into force of these GTC does not alter them.

9. Delivery

9.1 Delivery area

We deliver within Switzerland and the Principality of Liechtenstein. We do not operate collection points and do not offer collection by customers.

9.2 Delivery process

Delivery is carried out by a third-party logistics partner, Monday to Saturday, based on the delivery option selected during checkout. After payment you receive an order confirmation, and once the consignment has been handed to the logistics partner you receive a shipping confirmation by email or SMS. While we aim to meet the delivery date and time slot you have chosen, delivery times may vary and can occasionally fall outside the indicated window, in particular as a result of weather conditions, traffic disruption, incomplete or inaccurate delivery details, or operational disruption at the logistics partner.

9.3 Your responsibilities

You are responsible for providing a complete and accurate delivery address, including any access information required, and for selecting a Delivery Date and time slot on which the consignment can be received or safely deposited at that address. Because many of our Products are temperature-sensitive, we ask you to be present during the selected slot wherever possible, or to select a slot during which someone can receive the consignment on your behalf.

9.4 Delivery in your absence

By placing an Order you expressly authorise our logistics partner to deliver in your absence and to leave the consignment at the delivery address, including at the door or in a mailbox where suitable. This authorisation exists to prevent the Products being returned and spoiling.

9.5 Transfer of risk

Risk in the Products passes to you when the consignment is handed over to you or to a person at the delivery address, or when it is deposited at the delivery address in accordance with clause 9.4. From that moment you bear responsibility for the Products, including their prompt collection, appropriate storage and temperature control. We are not liable for theft, temperature variation, deterioration or damage occurring after that moment.

9.6 Temperature control and packaging

Consignments containing frozen or chilled Products are packed with insulating material and, where required, dry ice, and are designed to maintain the required temperature until 22:00 on the Delivery Date under normal transport and weather conditions. This is a specification of our packaging and not a guarantee of the condition of the Products at any given time after delivery. You should store the Products as indicated on the packaging as soon as possible after delivery.

9.7 Dry ice — safety information

Where a consignment contains dry ice (solid carbon dioxide, at approximately minus 78 degrees Celsius), please observe the following:

• Do not touch dry ice with bare hands; use gloves or a tool. Contact can cause cold burns.
• Keep dry ice out of the reach of children and animals.
• Do not place dry ice in an airtight or sealed container; the sublimating gas can cause the container to burst.
• Ventilate the room while handling dry ice and do not store it in a closed room, in a cellar or in a vehicle passenger compartment. Carbon dioxide is heavier than air and can displace oxygen.
• Do not ingest dry ice and do not add it to drinks.
• Allow any remaining dry ice to sublimate in a well-ventilated room. Do not dispose of it in a sink, drain or waste chute.

9.8 Delivery dates and delays

Delivery dates and time slots are given to the best of our knowledge and are not guaranteed. On days of exceptionally high volume, individual delivery slots may be unavailable; this will be shown during checkout. A delay in delivery, or delivery outside the selected time slot, does not give rise to a claim for compensation, subject to clause 12. Where you have paid a surcharge for a specific delivery option and that option is not provided, we refund the surcharge.

9.9 Unavailable Products

If a Product is unavailable at the time of dispatch we will inform you as soon as possible. The Product will not be invoiced, or, if already paid for, the corresponding amount will be refunded to you. Unavailable Products are not delivered subsequently.

9.10 Delivery that cannot be completed

If delivery cannot be completed for reasons within your responsibility — in particular an incorrect or incomplete address, an inaccessible delivery location, or a refusal to accept the consignment — the price remains payable and the Products cannot be redelivered, given their perishable nature.

If delivery cannot be completed for reasons outside your responsibility and outside our responsibility, in particular in the circumstances described in clause 13, we will at our discretion refund the price of the affected Products or redeliver them on a subsequent date. Further claims are excluded, subject to clause 12.

10. Storage, preparation and allergens

10.1 Storage and preparation

Each Product must be stored, handled and prepared in accordance with the storage temperature and the instructions stated on its packaging and in the Online Shop. Where a Product is supplied frozen, it must be placed in frozen storage promptly after delivery and must not be refrozen once thawed. Where a Product is supplied chilled, it must be refrigerated promptly after delivery. You are responsible for proper storage, handling and preparation from the moment risk passes to you under clause 9.5, and for observing the best-before or use-by date stated on the packaging.

10.2 Allergens

Allergens contained in our Products are declared on the packaging in accordance with Swiss food law. Our Products are produced in a facility in which cereals containing gluten, soy, egg, milk, peanuts, nuts, sesame, mustard, celery, fish, crustaceans, molluscs and sulphites are handled. Despite careful separation in production, traces of these substances cannot be entirely excluded.

If you have a food allergy or intolerance, please read the declaration on the packaging before consumption and contact us at support@madamesum.ch if you require further information about a specific Product or production batch. Nothing in these GTC limits our obligations under Swiss food law or our liability for personal injury.

11. Complaints, defects and remedies

11.1 Notification periods

Please inspect the consignment on receipt. Defects that are apparent on delivery — in particular transport damage, a missing item, an incorrect item, or a temperature-sensitive Product that has not been kept at the required temperature — must be notified to us within forty-eight (48) hours of delivery. Defects that are not apparent on delivery must be notified promptly after they are discovered and, at the latest, within the best-before or use-by date of the Product concerned.

11.2 How to notify

Complaints are to be sent to support@madamesum.ch, with the order number, a description of the issue and, where possible, photographs of the Product and of its packaging including the batch and best-before information. Please keep the Product concerned in its original packaging and, where possible, at its indicated storage temperature until the complaint has been dealt with.

11.3 Remedies

Where a defect is established, we will at our discretion redeliver the Products concerned, refund their price, or issue a voucher of equivalent value where you agree to that. Our usual practice in the case of a delivery that has failed for reasons attributable to us is redelivery. Claims for damages beyond this are excluded, subject to clause 12 and to clause 11.5.

11.4 Matters that do not constitute a defect

Individual taste preference is not a defect. Natural variation in the colour, shape, size and appearance of the Products, and variation between a photograph in the Online Shop and the Product delivered, do not constitute a defect. A change to a recipe or to the assortment made in accordance with clause 4 does not constitute a defect.

11.5 Statutory rights

This clause 11 does not affect your mandatory rights under Swiss law, in particular under the Product Liability Act, which apply irrespective of these GTC. Where you are a private customer, your rights under Art. 197 et seq. CO also remain unaffected.

11.6 Returns

For reasons of hygiene and food safety, perishable Products cannot be returned or exchanged. Please do not send Products back to us; a complaint under this clause 11 does not require the Product to be returned.

12. Liability

We are liable without limitation for damage caused intentionally or by gross negligence, for personal injury, and to the extent liability is mandatory under Swiss law, in particular under the Product Liability Act.

In all other cases our liability is limited to foreseeable damage typical for this type of contract. Liability for indirect and consequential loss, in particular loss of profit, loss of business and loss of data, is excluded to the extent permitted by law.

To the extent permitted by law, we exclude liability for the conduct of auxiliary persons and in particular of logistics providers, save for intent and gross negligence and save in respect of personal injury.

We are not liable for damage arising from a failure to observe the storage and preparation instructions provided on the packaging and in the Online Shop, or from the handling of the Products after risk has passed to you under clause 9.5.

We are not liable for damage arising from the use of our website and digital services, in particular from service interruptions, loss of data, malware, unauthorised access or the fraudulent use of a payment method, save where such damage is caused intentionally or by gross negligence.

13. Force majeure

We are released from our obligations, or may suspend them, for as long as performance is prevented or made unreasonably difficult by circumstances beyond our reasonable control, including natural events, extreme weather, fire, flood, epidemic and pandemic, war, civil unrest, official measures, energy or raw material shortages, strike and industrial action, and failure of transport or telecommunications networks. We will inform you as soon as possible. Where delivery becomes permanently impossible, we will refund the price of the Products concerned. Further claims are excluded.

14. Intellectual property

All rights in the trademarks, texts, photographs, images, designs and other content of our website and packaging belong to Madame Sum or to its licensors. No right to use them is granted by the purchase of Products. Any use, reproduction or exploitation of that content requires our prior written consent.

Where you use content, texts or images in connection with Madame Sum in which third parties hold rights, you are responsible for ensuring that no third-party rights are infringed.

15. Catering and private events

We also provide catering and food service for private events. Such orders are not placed through the Online Shop; they are based on our individual written offer, which sets out the date, location, menu, number of guests and price, and which prevails over these GTC to the extent of any conflict. These GTC apply in addition.

Unless otherwise agreed in the offer, the following applies to catering and event orders:

• A deposit of fifty per cent (50%) of the agreed price is payable on confirmation; the balance is payable within fifteen (15) days of the event. The booking is confirmed only once the deposit has been received.
• The final number of guests is to be notified no later than seven (7) days before the event and constitutes the guaranteed minimum, which is invoiced in full even if fewer guests attend.
• Cancellation more than fourteen (14) days before the event is free of charge; between fourteen (14) and eight (8) days, fifty per cent (50%) of the agreed price is payable; seven (7) days or fewer before the event, the full price is payable. Third-party costs already irrevocably incurred are invoiced in addition.
• All allergies, intolerances and dietary requirements of guests are to be notified at the latest by the deadline for final guest numbers. We cannot take account of information received after that deadline.
• You are responsible for ensuring timely access to the event location and for the availability of the facilities required by the agreed menu.
• Food is prepared for consumption during the agreed service period. Food taken away after that period is at your own risk, and responsibility for its transport, storage and temperature control passes to you at that point.

16. Purchase for own use

Products purchased through the Online Shop are sold for your own consumption, for private use or, in the case of a business customer, for consumption within your own business. Commercial resale, in particular resale through online marketplaces, discounters or other retail channels, requires our prior written consent. Please contact us at support@madamesum.ch if you wish to discuss any other use.

17. Order of precedence

Where an individual written agreement has been concluded between you and Madame Sum, in particular an offer for a catering or event order, that agreement prevails over these GTC to the extent of any conflict. In all other respects these GTC apply, and they replace all earlier versions with effect for contracts concluded after they enter into force.

18. Applicable law

These GTC and all contracts concluded under them are governed by Swiss substantive law, to the exclusion of its conflict-of-law rules and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (SR 0.221.211.1).

19. Language

These GTC are available in English, German and French. The version in the language in which you concluded the contract applies to that contract.

20. Place of jurisdiction

We will endeavour to resolve any dispute amicably. Please contact us first at support@madamesum.ch.

The ordinary courts at the registered seat of Madame Sum AG have jurisdiction over any dispute arising out of or in connection with these GTC. Where you are a private customer, mandatory statutory places of jurisdiction, in particular those available to consumers under the Swiss Civil Procedure Code, remain reserved. Where you are a business customer, that place of jurisdiction is exclusive in accordance with clause 1.3, and we remain entitled to bring proceedings at your own place of jurisdiction.

21. Severability

If any provision of these GTC is or becomes invalid or unenforceable, the validity of the remaining provisions is unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose intended by the invalid provision. The same applies to any gap in these GTC.

22. Contact

Madame Sum AG, Holunderweg 4, 8704 Herrliberg, Switzerland. Email: support@madamesum.ch. Website: www.madamesum.com.

 

© 2026 Madame Sum AG. Version 2026-09, effective 1 September

1. Company, scope of application and order of precedence

1.1 Company

Madame Sum AG, Holunderweg 4, 8704 Herrliberg, Switzerland, registered in the commercial register of the Canton of Zurich under number CHE-145.907.138 (hereinafter “Madame Sum” or “we”).

1.2 Scope of application

These General Terms and Conditions of Sale and Delivery (hereinafter “GTCSD”) apply to all offers, order confirmations, deliveries and services provided by Madame Sum to business customers. A business customer is any natural person or legal entity acting in the exercise of a commercial or professional activity, in particular but not exclusively restaurants, hotels, caterers, retailers, wholesalers and corporate customers (hereinafter the “customer”).

These GTCSD apply to the entire present and future business relationship with the customer, even if no express reference is made to them in an individual order.

1.3 Order of precedence

The following descending order of precedence applies to the contractual relationship between Madame Sum and the customer:

• individually negotiated written agreements between Madame Sum and the customer, in particular partner terms agreements, private label agreements or signed event contracts;
• our written offer or order confirmation for the individual order;
• these GTCSD.

Contractual provisions ranking higher in the order of precedence prevail over those ranking lower.

The customer's purchasing conditions do not apply and are hereby expressly rejected, even if we execute an order without objecting to them and even if the customer's order documents refer to them. Deviations from these GTCSD are binding only if we have confirmed them in writing or in text form.

1.4 Matters not covered

Sales to private customers via our online shop are governed by our separate General Terms and Conditions (B2C). Private label production, licensing and franchising are governed exclusively by separate written agreements; these GTCSD apply in those areas only to the extent that no separate agreement exists.

2. Onboarding, acceptance of these GTCSD and communication

2.1 Registration

Before placing its first order, the customer completes our customer registration form. By submitting the form, the customer confirms the accuracy and completeness of the information provided, confirms that it is acting in a professional capacity, confirms that the person submitting the form is authorised to make this declaration on behalf of the customer, and accepts these GTCSD in the version designated in the form.

Acceptance in electronic form, in particular by submitting an online form or by confirmation by email, is valid and binding and does not require a handwritten signature. This applies in particular to the agreement on the place of jurisdiction pursuant to clause 25.

2.2 Acceptance through the ongoing business relationship

These GTCSD are referred to in our order confirmations and invoices; they are available at any time on our website and, upon request, as a PDF. With each further order placed after these GTCSD have been communicated or made available, the customer accepts them for the order concerned and for the ongoing business relationship.

2.3 Communication

The email address provided by the customer in the registration form is deemed a valid channel of communication between the parties. Order confirmations, delivery notes, invoices, reminders, notices relating to these GTCSD and other contractual declarations are deemed to have been validly delivered upon dispatch to that address. The customer is responsible for ensuring that the address remains valid, operational and regularly monitored, and notifies us of any change.

2.4 Data protection

Personal data of the customer's contact persons is processed in accordance with our privacy policy, available at www.madamesum.com/de/datenschutz.

3. Orders and conclusion of contract

Orders may be placed by email, by telephone or through another agreed channel. Our offers are non-binding unless they are expressly designated as binding or state a period of validity.

A binding contract is concluded upon our written or electronic order confirmation or, if no confirmation is issued, upon execution of the order, in particular upon delivery of the goods.

The customer is responsible for the accuracy of the order data it transmits, in particular quantities, items, delivery address and delivery date. We are not liable for delays or errors resulting from inaccurate or incomplete information provided by the customer.

We may adjust the composition of recipes and the product range according to seasonality, harvest and availability of raw materials, and may discontinue individual items subject to reasonable notice.

4. Prices, discounts and confidentiality of conditions

4.1 Prices

The prices set out in our current price list for business customers or the prices otherwise agreed in writing apply. Unless expressly stated otherwise, all prices are net, excluding value added tax and excluding delivery costs pursuant to clause 5.

We may adjust prices subject to thirty (30) days' notice. Orders already confirmed are executed at the confirmed price.

4.2 Conditional discounts and rebates

Discounts, rebates and preferential conditions are granted exclusively subject to full and timely payment of all invoices within the agreed payment period. In the event of default of payment they lapse automatically and without further notice. In such a case we may subsequently charge the difference between the discounted price and the applicable standard price and invoice subsequent orders at standard prices until all outstanding amounts have been paid in full. A discount does not constitute a definitive price reduction if payment is not made as agreed.

4.3 Confidentiality of conditions

Agreed prices, discounts, rebates and other commercial conditions are confidential. The customer does not disclose them to third parties, except to its legal counsel or to the extent that a statutory or regulatory disclosure obligation exists. This obligation continues for three (3) years beyond the end of the business relationship.

5. Minimum order value and logistics contribution

The following conditions apply to deliveries within Switzerland and the Principality of Liechtenstein, calculated on the net value of the goods excluding VAT:

• Orders below CHF 200 net are not delivered. Such orders may be combined with a subsequent order or collected in accordance with clause 6.4.
• Orders from CHF 200 to CHF 299.99 net: logistics contribution of CHF 50 per delivery.
• Orders from CHF 300 to CHF 499.99 net: logistics contribution of CHF 35 per delivery.
• Orders of CHF 500 net and above: delivery carriage paid.

The logistics contribution is a contribution towards the cost of temperature-controlled transport and is charged per delivery and not per order line. A surcharge may apply to deliveries to outlying regions as well as to deliveries involving pallet transport, express handling or a delivery window outside our standard schedule; we notify the customer of such surcharge before the order confirmation.

These conditions apply to all business customers. Deviating conditions apply only on the basis of an individual written agreement.

6. Delivery

6.1 Delivery within Switzerland and Liechtenstein

Delivery is made to the address specified by the customer by a logistics partner on the delivery days applicable to the customer's region. The customer ensures that the delivery address and access details are complete and accurate, that the delivery location is accessible at the agreed time and that an authorised person is present to take receipt of the goods and to sign the delivery note.

6.2 Delivery dates

Delivery dates and delivery times are non-binding unless they have been expressly agreed in writing as binding. Delays due to operational or external factors do not entitle the customer to cancel the order, to withhold payment or to claim damages, subject to clause 16.

6.3 Failure to accept the goods

If the customer fails to accept a delivery or if delivery cannot be made for reasons within the customer's sphere of responsibility, the risk passes to the customer at the time of the attempted delivery. Due to the perishable nature of the goods, the price remains payable in full and the goods are not delivered again. Any additional transport costs are borne by the customer.

6.4 Collection by the customer

Where collection by the customer has been agreed, collection takes place at the location designated by us and within the collection window notified. The risk passes to the customer upon handover at that location. The customer is obliged to transport the goods under temperature control, to use suitable insulated or refrigerated means of transport and to maintain the cold chain from handover onwards. We may refuse handover if the means of transport presented are manifestly unsuitable to ensure the cold chain.

6.5 Deliveries outside Switzerland

Unless otherwise agreed in writing, deliveries to customers outside Switzerland and Liechtenstein are made DAP (Delivered at Place, Incoterms 2020) to the agreed delivery address. We arrange transport and export formalities. The customer acts as importer and is responsible for import customs clearance, import duties, import taxes and other charges levied in the country of destination as well as for any permits and registrations required there. Any such charges invoiced to us are passed on to the customer.

All invoices are issued in Swiss francs. Any conversion costs and the currency risk are borne by the customer.

In the case of deliveries outside Switzerland, the customer is responsible for compliance with the food law requirements of the country of destination in connection with placing the goods on the market there, including requirements as to the language of consumer information and the designation of the responsible food business operator, unless we have expressly warranted in writing the delivery of goods labelled for a particular market.

The customer does not export the goods to the United States of America or Canada and does not resell them for delivery to those countries.

7. Transfer of risk

The risk passes to the customer upon delivery at the agreed delivery address, even if the goods are handed over there to a third party or deposited there. In the case of collection, the risk passes upon handover in accordance with clause 6.4. In the case of deliveries outside Switzerland, the transfer of risk is governed by the agreed Incoterm.

From the transfer of risk onwards, the customer bears full responsibility for the goods, in particular for their immediate placement in frozen storage, for proper storage and temperature control as well as for loss, spoilage and theft.

8. Inspection, notice of defects and approval

8.1 Inspection upon delivery

The customer inspects the goods immediately upon delivery or collection. Quantity discrepancies, packaging defects and defects apparent upon delivery, in particular transport damage and goods that are no longer frozen, must be noted on the delivery note upon handover and confirmed to us in text form on the same day.

8.2 Further notice periods

Any other defect apparent upon reasonable inspection must be notified to us in text form within twenty-four (24) hours of delivery. Defects that are not apparent must be notified immediately upon their discovery, and in any event no later than the expiry of the best-before date of the goods concerned.

If no notice is given within the applicable period, the goods are deemed approved without reservation and claims arising from the defect concerned are excluded.

8.3 Substantiation and retention

The notice of defects states the delivery note or invoice number, the item, the batch and best-before details as well as the quantity affected, and describes the defect. The customer submits photographs to the extent the defect can be photographed, keeps the goods concerned in their original packaging and frozen until the notice has been dealt with, and grants us or our insurer a reasonable opportunity to inspect them. Goods disposed of before such opportunity are deemed approved.

8.4 Goodwill

If we accept a late notice of defects or grant a credit note, replacement delivery or other accommodation without being obliged to do so, this is done as a gesture of goodwill in the interest of the business relationship. Such an accommodation does not constitute an admission of liability, does not entail any waiver of the duty to give notice of defects under this clause 8 and does not establish any entitlement in respect of future deliveries.

9. Remaining shelf life

At the time of delivery the goods have a remaining shelf life of at least three (3) months, unless a different remaining shelf life has been agreed in writing or the goods are delivered as expressly designated short-dated goods or promotional goods and accepted as such by the customer.

10. Storage and temperature control at the customer's premises

The customer stores, handles and transports the goods in accordance with the storage instructions on the packaging and in accordance with applicable food law, in particular at minus 18 degrees Celsius or colder, and does not refreeze thawed goods.

The customer operates appropriate temperature monitoring and retains the corresponding records for the shelf life of the goods concerned. In the event of a notice of defects, we may require evidence of the temperature conditions from the transfer of risk onwards. If the customer is unable to provide such evidence, or if it appears therefrom that the cold chain was not maintained, claims arising from the defect concerned are excluded to the extent the defect is attributable thereto.

11. Warranty and remedies

We warrant that at the time of the transfer of risk the goods conform to the agreed specification and comply with applicable Swiss food law.

Where a defect has been notified in good time and has been established, we will, at our option, either deliver replacement goods or issue a credit note for the invoiced value of the goods concerned. The customer is not entitled to remedy the defect itself at our expense or to withhold undisputed amounts.

Natural variations in the colour, shape, size and appearance of the goods as well as deviations between an illustration or a sample and the goods delivered do not constitute a defect. An adjustment of the recipe or the product range pursuant to clause 3 does not constitute a defect.

The warranty period is twelve (12) months from delivery and ends in any event upon expiry of the best-before date of the goods concerned. Mandatory statutory provisions, in particular those relating to the intentional concealment of a defect and those of the Swiss Product Liability Act (PrHG), remain reserved.

12. Product recall, withdrawal and traceability

12.1 Cooperation and information

Each party informs the other immediately of any circumstance indicating that goods delivered may not be safe or may not comply with applicable food law, as well as of any complaint, official measure or media enquiry concerning such goods.

12.2 Conduct in the event of a withdrawal or recall

At our request, or where the customer itself identifies such a circumstance, the customer immediately ceases the sale and use of the goods concerned, blocks the affected stock at a marked location and immediately provides us with the information required for traceability, in particular delivery notes, batch and best-before details, quantities purchased, remaining stock and, to the extent the customer has resold the goods, the identity of its own buyers. The customer supports the implementation of the withdrawal or recall measure decided by us.

12.3 Communication

Neither party makes any public statement concerning a withdrawal or recall without prior consultation with the other party, except and to the extent that immediate communication is required by law, by an authority or for the protection of health. Statutory reporting obligations of the parties towards the competent authorities, in particular within the framework of food law self-monitoring, are unaffected by this clause and take precedence over the duty of consultation.

12.4 Allocation of costs

If the circumstance triggering the measure is attributable to Madame Sum, we bear the direct costs of the measure in respect of the goods concerned, namely the costs of notification, return transport and collection, of examining the batches concerned as well as of disposal or destruction, in each case against documented evidence and provided that the scope of the measure was agreed with us in advance to the extent the circumstances permitted.

If the circumstance is attributable to the customer, in particular to its storage, handling, further processing, repackaging or labelling of the goods or to an interruption of the cold chain after the transfer of risk, the customer bears these costs.

In all cases, indirect and consequential damages are excluded pursuant to clause 16, in particular loss of profit, loss of turnover, listing, delisting and relisting fees, contractual penalties owed by the customer to its own buyers as well as goodwill payments made by the customer.

13. Resale, channels and use of the brand

Unless otherwise agreed in writing, the customer purchases the goods for use in its own business or for resale to end consumers through its own points of sale.

Our prior written consent is required for:

• resale via discounters, hard discounters as well as clearance and liquidation channels;
• resale via online marketplaces, third-party e-commerce platforms, deal platforms or auction sites;
• resale to wholesalers, distributors or other resellers;
• repackaging, relabelling, portioning or further processing of the goods, to the extent the result is offered under the Madame Sum brand;
• the removal, alteration or obscuring of our brand markings, batch markings or best-before details;
• the export of the goods outside the territory agreed with the customer.

The customer may use our trademarks, product images and brand materials exclusively for the marketing and resale of the goods delivered, in the form provided by us and without modification. Any other use requires our prior written consent. All rights in our trademarks, texts, photographs, recipes and other content remain with Madame Sum. Exclusivity of any kind is granted only by express written agreement.

If the customer uses content in connection with Madame Sum in which third parties hold rights, the customer is responsible for ensuring that no third-party rights are infringed.

14. Retention of title

The goods remain our property until all claims arising from the business relationship have been paid in full. The customer stores the goods subject to retention of title separately to the extent this can reasonably be expected and, upon request, marks them as our property. We may have the retention of title entered in the retention of title register at the customer's domicile or registered office; the customer provides the cooperation required for this purpose.

If the customer resells the goods before full payment in the ordinary course of business, it hereby assigns to us by way of security its claims arising from such resale against its buyers, to the extent of our outstanding claims. The customer is authorised to collect these claims in the ordinary course of business; this authorisation may be revoked in the event of default of payment. At our request, the customer provides the information required to enforce the assigned claims.

The customer informs us immediately of any attachment, seizure or other enforcement measure by third parties affecting the goods subject to retention of title.

15. Invoicing, payment and security

15.1 Invoicing

Invoices are issued electronically and transmitted to the email address provided by the customer; they are deemed to have been validly delivered upon dispatch. The customer acknowledges that invoices in electronic form, in particular in PDF format, are valid and binding and do not require a signature.

15.2 Payment period

Invoices are payable without deduction within fifteen (15) days of the invoice date, unless a different period has been agreed in writing.

15.3 Default

If payment is not received within the payment period, the customer is in default upon expiry of that period without any further reminder. From the due date, default interest of five per cent (5%) per annum is payable. We may charge a reminder fee of CHF 20 per reminder and claim the reasonable costs of collection and legal enforcement to the extent permitted by law. We may suspend or refuse further deliveries until all outstanding amounts have been paid in full.

15.4 Credit limits and security

We may set and adjust a credit limit for the customer and make delivery conditional upon compliance with it. If, after conclusion of the contract, circumstances arise that give rise to justified doubts as to the customer's solvency, in particular late payment, a materially deteriorated credit assessment, debt enforcement proceedings or an application for a debt-restructuring moratorium or for the opening of bankruptcy proceedings, we may require advance payment or the provision of security before further deliveries, reduce or cancel a credit limit and withdraw from confirmed but not yet delivered orders. We may obtain credit information about the customer from recognised credit agencies to the extent permitted by law.

15.5 Set-off and retention

The customer may not set off claims against our claims unless such claims have been acknowledged by us in writing or have been established by a final and binding court decision. The customer may not withhold undisputed amounts on account of a disputed claim.

15.6 Assignment

We may assign claims arising from the business relationship to third parties. The customer may assign its rights under the contract only with our prior written consent.

16. Liability

We are liable without limitation for damage caused intentionally or by gross negligence, for personal injury and to the extent that liability is mandatory under Swiss law, in particular under the Swiss Product Liability Act (PrHG).

In all other respects our liability is limited, per delivery, to the invoiced net value of the goods affected by the event giving rise to liability.

Liability for indirect and consequential damage is excluded to the extent permitted by law, in particular for loss of profit, loss of turnover, loss of production, business interruption, costs of mixing, further processing, removal and installation, contractual penalties, listing and delisting fees, claims of the customer's buyers as well as reputational damage.

Liability for auxiliary persons, in particular for logistics service providers, is excluded to the extent permitted by law, except in cases of intent and gross negligence and in cases of personal injury.

Claims for damages must be asserted within twelve (12) months of becoming aware of the damage and of our liability for it, subject to mandatory statutory limitation periods.

17. Insurance

Each party maintains general (operating) liability insurance and product liability insurance appropriate to its activities. Upon written request, we confirm to the customer the existence and scope of our cover by means of a certificate issued directly to the customer.

18. Force majeure

Neither party is in breach of its obligations for as long as performance is prevented or rendered unreasonably difficult by circumstances beyond its reasonable control, in particular natural events, extreme weather, fire, flood, epidemics and pandemics, war, civil unrest, official measures, shortages of energy or raw materials, strikes and industrial action, cyberattacks as well as failures of transport or telecommunications networks. The affected party informs the other immediately and makes reasonable efforts to limit the effects.

If the impediment lasts longer than sixty (60) days, either party may withdraw from the orders concerned. Payments already made for goods not delivered are refunded. Any further claims are excluded.

19. Duration and termination of the business relationship

The business relationship is entered into for an indefinite period unless otherwise agreed in writing. Either party may terminate it at any time subject to one (1) month's notice, without stating reasons and without compensation. Orders already confirmed are executed in accordance with these GTCSD.

We may terminate the business relationship with immediate effect and refuse further deliveries if the customer is in serious or repeated default of payment, breaches clause 13 or if insolvency proceedings are opened over its assets. All outstanding amounts become immediately due.

20. Events and catering

20.1 Scope of this clause

This clause 20 applies in addition to the other provisions of these GTCSD to catering, events and on-site food service. Where a separate written event contract or a signed offer exists, that event contract or signed offer prevails over these GTCSD in the event of a conflict.

20.2 Offer, confirmation and down payment

Event orders are confirmed on the basis of our written offer, which sets out the date, location, menu, number of guests and price. Upon order confirmation, a down payment of fifty per cent (50%) of the agreed price is due; the balance is payable within fifteen (15) days after the event. The booking is deemed confirmed only upon receipt of the down payment.

20.3 Number of guests

The customer notifies the final number of guests no later than seven (7) days before the event. That number constitutes a guaranteed minimum and is charged in full even if fewer guests attend. An increase in the number of guests after that point requires our confirmation and availability and is charged at the agreed price per guest.

20.4 Cancellation and postponement by the customer

Cancellations must be communicated in text form. The following applies to the agreed price:

• Cancellation more than fourteen (14) days before the event: free of charge; the down payment is refunded.
• Cancellation between fourteen (14) and eight (8) days before the event: fifty per cent (50%) of the agreed price is payable.
• Cancellation seven (7) days or less before the event: one hundred per cent (100%) of the agreed price is payable.

Third-party costs already irrevocably incurred at the time of cancellation, in particular rental material, raw materials ordered and external staff, are charged in addition in all cases.

A postponement requested more than fourteen (14) days before the event is treated as a change of date and not as a cancellation, subject to availability and our written confirmation. A postponement requested later is treated as a cancellation; the down payment may, at our discretion, be credited towards a replacement date.

20.5 Venue, access and infrastructure

The customer is responsible for the venue. It ensures that our staff and our suppliers obtain timely access for delivery, set-up and dismantling, that a suitable loading and unloading facility is available and that electricity, water, waste disposal as well as, to the extent required for the agreed menu, refrigerated storage and kitchen infrastructure are available and in working order. If these are lacking or if access is delayed, we are not liable for the resulting impairment of our performance; additional costs are borne by the customer.

The customer is responsible for the permits and notifications required for the event, in particular concerning public ground, music and the serving of food and beverages, unless expressly agreed otherwise in writing.

20.6 Material and rented items

Material, tableware and rented items provided by us or on our behalf remain our property or the property of the lessor and are made available only for the duration of the event. The customer is liable for loss of and damage to such items from their delivery at the venue until their collection, unless we caused the loss or damage. Loss and damage are charged at replacement value.

The customer is liable for damage caused by its guests at the venue. We are not liable for damage at the venue that was not caused by us or by our staff.

20.7 Allergens and dietary requirements

The customer notifies all allergies, intolerances and dietary requirements of its guests as well as the number of guests concerned no later than upon order confirmation, and reports any changes immediately, but at the latest by the deadline for the final number of guests pursuant to clause 20.3. We are unable to take into account information received after that deadline.

Where food is served at an event, the customer is responsible for communicating the allergen information provided by us to its guests. The allergens listed in our product documentation are processed at our production site; despite careful separation, traces cannot be entirely excluded. We are not liable for the consequences of allergies or dietary requirements that were not notified to us in good time or that were not communicated by the customer to the guests concerned.

20.8 On-site food safety and leftovers

The dishes are prepared and served for consumption at the event and within the service period agreed for that purpose. If the customer or its guests take away dishes after the end of the service period, they do so at their own risk. Responsibility for the dishes, in particular for their transport, storage, temperature control and subsequent consumption, passes to the customer at the end of the service period; our liability for dishes removed from our temperature control at that time is excluded to the extent permitted by law.

20.9 Force majeure in the case of events

If an event cannot take place for a reason set out in clause 18, the parties will primarily agree on a replacement date; payments already made are credited towards it. If no replacement date can be agreed within a reasonable period, the contract lapses; payments already made are refunded less third-party costs already irrevocably incurred and services already rendered. Any further claims are excluded.

21. Confidentiality

Each party treats as confidential all non-public information about the other party of which it becomes aware in the context of the business relationship, in particular commercial conditions, recipes, specifications, production methods, customer data and business plans, uses such information exclusively for the purposes of the business relationship and does not disclose it to third parties without the other party's consent. This does not apply to publicly available information, information already lawfully known, or information whose disclosure is required by law or by an authority. The obligation continues for three (3) years beyond the end of the business relationship.

22. Amendments to these GTCSD

We may amend these GTCSD at any time. An amended version enters into force thirty (30) days after notification to the customer or publication on our website. The version in force at the time of the order confirmation applies to that order. If the customer objects to an amendment in text form before it enters into force, either party may terminate the business relationship in accordance with clause 19.

23. Language

These GTCSD exist in German, French and English. The version accepted by the customer applies to the business relationship. In the event of discrepancies between the language versions, the German version prevails.

24. Governing law

These GTCSD and all contracts concluded under them are governed by Swiss substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (SR 0.221.211.1).

25. Place of jurisdiction

The parties endeavour to settle disputes amicably before initiating proceedings.

The courts at the registered office of Madame Sum AG have exclusive jurisdiction over all disputes arising out of or in connection with these GTCSD and the contracts concluded under them. We remain entitled to bring proceedings against the customer at its own place of jurisdiction. Mandatory statutory places of jurisdiction remain reserved.

26. Severability clause

Should any provision of these GTCSD be or become invalid or unenforceable, the validity of the remaining provisions is unaffected. The invalid provision is to be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to gaps in these GTCSD.

27. Contact

Madame Sum AG, Holunderweg 4, 8704 Herrliberg, Switzerland. Email: support@madamesum.ch. Website: www.madamesum.com.

 

© 2026 Madame Sum AG. Version 2026-10, effective as of 1 October 2026.