Terms of service

Overview

Welcome to GILDA by Restaurant Roberto! The terms "we", "our" and "us" refer to GILDA by Restaurant Roberto. GILDA by Restaurant Roberto operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, as a customer, with a personalised shopping experience (the "Services"). GILDA by Restaurant Roberto uses the Shopify platform, which enables us to provide you with the Services.

The general terms and conditions below, together with the policies referenced herein (the "Terms of Use" or "TOU"), describe your rights and responsibilities when using the Services.

Please read these Terms of Use carefully, as they contain important information about your legal rights, including disclaimers of warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not accept these Terms of Use or the Privacy Policy, you must not use or access our Services.

Article 1 – Access and account

By accepting these Terms of Use, you confirm that you have reached the age of legal majority in your state or province of residence, and you give us your consent to allow your minor children to use the Services on devices you own, purchase or manage.

To use the Services, including to access or browse our online stores or to purchase any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and delivery details. You represent and warrant that all information you provide in our stores is accurate, up to date and complete, and that you have all necessary rights to share that information.

You are solely responsible for the security of your account credentials and any activity associated with your account. You are not permitted to transfer, sell, assign or sublicence your account to any other person.

Article 2 – Our products

We have made every effort to accurately represent our products and services in our online stores. Please note, however, that colours or the appearance of products may differ from what is displayed on your screen depending on the type of device you use to access the store and its settings and configuration.

We do not guarantee that the appearance or quality of products or services you have purchased will meet your expectations or be identical to what is presented in our online stores.

All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to withdraw any product from sale at any time and may limit the quantities of products we offer to any individual, geographic area or jurisdiction, on a case-by-case basis.

Food information: the food products offered may contain allergens. Information on ingredients, allergens and storage conditions is provided on the product packaging. If in doubt or if you have a known allergy, please contact us before purchasing at sales@gildabyroberto.com. Use-by and best-before dates are indicated on each product and apply as of the date of dispatch.

Article 3 – Orders

When you place an order, you are making an offer to purchase. GILDA by Restaurant Roberto reserves the right to accept or refuse your order, for any reason, at its discretion. Your order is only considered accepted after written confirmation from GILDA by Restaurant Roberto. We must receive and process your payment before your order is confirmed. Please check your order carefully before submitting it, as GILDA by Restaurant Roberto may not be able to accept cancellation requests once an order has been confirmed. In the event of refusal, modification or cancellation of your order, we will attempt to contact you using the email address, billing address and/or phone number provided at the time of ordering.

Your purchases are subject to the return or exchange conditions set out in our Refund Policy.

You represent and warrant that your purchases are intended for personal or domestic use and not for commercial resale or export.

Article 4 – Prices and billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time of ordering and will be indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping costs, handling fees, customs duties or import charges.

Prices displayed in our online stores may differ from those offered in our physical locations or on other online platforms operated by third parties. We may from time to time offer promotions on our Services that may affect prices and are governed by separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you if necessary.

You represent and warrant that: (i) the credit card information you provide is accurate, correct and complete; (ii) you are authorised to use that card for the purchase; (iii) charges incurred will be honoured by your card issuer; and (iv) you will pay the charges incurred at the displayed prices, including shipping and handling fees and any applicable taxes.

Article 5 – Shipping and delivery

We cannot be held responsible for delays in delivery or shipping. All delivery timeframes given are estimates and are not guaranteed. We accept no liability for delays caused by carriers, customs procedures or any event beyond our control. Once products have been handed over to the carrier, ownership and risk of loss are transferred to you.

Article 6 – Intellectual property

Our Services, including without limitation all trade marks, brands, texts, displays, images, graphics, product reviews, videos and audio content, as well as their design, selection and arrangement, are the exclusive property of GILDA by Restaurant Roberto, its subsidiaries or its licensors, and are protected by intellectual property laws.

These Terms authorise you to use the Services solely for personal and non-commercial purposes. You are not permitted to reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. All rights not expressly granted under these Terms are reserved by GILDA by Restaurant Roberto.

The names, logos, product and service names, designs and slogans of GILDA by Restaurant Roberto are trade marks of GILDA by Restaurant Roberto, its subsidiaries or its licensors. You may not use them without the prior written authorisation of GILDA by Restaurant Roberto.

Article 7 – Optional tools

You may have access to third-party tools through the Services, which we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranty, representation or condition of any kind, and without any endorsement on our part. We disclaim all liability arising from or related to your use of optional third-party tools. Use of any optional tools offered through the Services is entirely at your own risk and discretion.

Article 8 – Third-party links

The Services may contain links to third-party websites or resources. We are not responsible for examining or evaluating the content or accuracy of such third-party sites. If you choose to leave the Services to access these sites, you do so at your own risk.

We disclaim all liability for any harm or damage related to your access to third-party websites or the purchase or use of products, services or content on such sites. Complaints regarding third-party products and services must be directed to the relevant third party.

Article 9 – Relationship with Shopify

GILDA by Restaurant Roberto is powered by Shopify, which enables us to provide you with the Services. However, any sale or purchase made in our store is conducted directly with GILDA by Restaurant Roberto. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and GILDA by Restaurant Roberto, including any damage, loss or injury resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liability arising from or related to your purchase and transaction with GILDA by Restaurant Roberto.

Article 10 – Privacy policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

As the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Please consult our Privacy Policy for further details on how we, Shopify and our partners use your personal information.

Article 11 – Feedback

If you submit ideas, suggestions, feedback, reviews, proposals or any other content (collectively, "Feedback"), you grant us a perpetual, worldwide and non-exclusive licence to use, reproduce, modify, publish and distribute such Feedback for any purpose, including commercial purposes.

You represent and warrant that: (i) you own or have all necessary rights over the Feedback; (ii) you have disclosed any compensation received in connection with its submission; (iii) your Feedback complies with these Terms. We are under no obligation to maintain the confidentiality of your Feedback, pay compensation for it, or respond to it.

You agree that your Feedback will not infringe any third-party rights and will not contain any unlawful, abusive or obscene content, or any viruses or malware. You are solely responsible for your Feedback and its accuracy.

Article 12 – Errors, inaccuracies and omissions

The Services may occasionally contain typographical errors, inaccuracies or omissions, including in product descriptions, prices, promotions, shipping costs or product availability. We reserve the right to correct any errors and cancel orders in the event of inaccurate information, at any time and without prior notice.

Article 13 – Prohibited uses

You may only access and use the Services for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly:

  • for unlawful or malicious purposes;
  • in violation of any applicable regulation, rule or law;
  • in a manner that infringes the intellectual property rights of GILDA by Restaurant Roberto, Shopify or any third party;
  • to harass, abuse, insult, harm, defame or intimidate any person;
  • to transmit false or misleading information;
  • to send unsolicited promotional material (spam, chain letters, junk mail);
  • to impersonate any person or entity;
  • to engage in any conduct that restricts or inhibits anyone's use of the Services.

You also agree not to:

  • upload or transmit viruses or any other malicious code;
  • reproduce, duplicate, copy, extract, sell or exploit any part of the Services;
  • collect or track the personal information of others;
  • engage in spamming, phishing or pharming practices;
  • use robots, scraping tools, automated devices or agentic AI tools to access the Services;
  • interfere with or circumvent the security features of the Services.

We reserve the right to suspend or terminate your account at any time if we determine that you have violated any of these provisions.

Article 14 – Agents

14.1 This section applies if you use, authorise or enable the deployment of an Agent to access the Services. An "Agent" means any software or service acting autonomously or semi-autonomously on behalf of a person, without direct supervision.

14.2 No Agent may access the Services unless it permanently identifies itself and operates in strict compliance with the conditions set out in section 14.4 below.

14.3 We may limit, including through technical measures, the ability and manner in which an Agent accesses the Services.

14.4 Agents must: (i) indicate in all HTTP/HTTPS requests that they originate from an Agent and disclose its name; (ii) not conceal the fact that interactions originate from an Agent; (iii) honestly answer any question aimed at determining whether interactions originate from a human or a computer; (iv) not circumvent any access control measures in place.

Article 15 – Termination

We reserve the right to terminate this agreement or your access to the Services, at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following provisions will survive any termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Privacy Policy.

Article 16 – Disclaimer of warranties

Information presented through the Services is provided for informational purposes only. We do not guarantee its accuracy, completeness or usefulness. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY GILDA BY RESTAURANT ROBERTO, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

Article 17 – Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GILDA BY RESTAURANT ROBERTO, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES.

Article 18 – Indemnification

You agree to indemnify, defend and hold harmless GILDA by Restaurant Roberto, Shopify, and our affiliates, partners, officers, directors, employees and agents, from and against any loss, damage, liability or claim, including reasonable legal fees, arising from (1) your breach of these Terms of Use, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.

Article 19 – Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall remain enforceable to the maximum extent permitted by law, and the unenforceable part shall be deemed severed from these Terms, without affecting the validity of the remaining provisions.

Article 20 – Waiver; entire agreement

Failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms constitute the entire agreement between you and us with respect to your use of the Services and supersede all prior agreements.

Article 21 – Assignment

You may not delegate, transfer or assign this agreement without our prior written consent. Any unauthorised assignment shall be deemed void. We may transfer or assign these Terms and our rights and obligations without your consent.

Article 22 – Governing law

These Terms of Use, as well as any separate agreement by which we provide you with the Services, are governed by and construed in accordance with Swiss law, and in particular the Swiss Code of Obligations (CO). For any dispute arising from or related to these Terms, the parties submit to the exclusive jurisdiction of the courts of the Canton of Geneva, Switzerland, subject to appeal before the Swiss Federal Tribunal.

Article 23 – Headings

Headings used in this agreement are inserted for convenience only and shall not affect or limit the interpretation of these Terms.

Article 24 – Changes to the terms of use

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting updates on our website. It is your responsibility to check our website periodically for any changes. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

Article 25 – Contact information

For any questions regarding these Terms of Use, please contact us:

GILDA by Restaurant Roberto
10, rue Pierre-Fatio
1204 Geneva, Switzerland
sales@gildabyroberto.com