Conditions

§ 1 Scope and conditions of use

1. These general terms and conditions (GTC) regulate the contractual relationships between Freshcompany GmbH, domiciled at Ruessenstrasse 4, 6340 Baar (ZG) (CHE-112.959.772 (hereinafter referred to as “Seller” / “Provider”) and its B2B customers (hereinafter “ “Customer” or “Buyer”) for the products offered on the websites www.freshcompany.ch & www.freshcenter.eu (hereinafter both individually or collectively referred to as “website”).
2. These General Terms and Conditions exclusively regulate the contractual relationship between the seller and her customers. Contractual conditions of the customer that conflict with or deviate from these General Terms and Conditions will not be recognized unless the seller has expressly agreed to them in writing in individual cases.
3. These provisions apply to both private consumers and entrepreneurs or companies. A consumer within the meaning of these General Terms and Conditions is any natural person who places the order for purposes that cannot be predominantly attributed to their commercial or independent professional activity, but rather to their private needs and do not exceed normal consumption. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when placing the order, acts in the exercise of their commercial or independent professional activity.
4. The seller may supplement or change the terms and conditions at any time at its own discretion. The respective (approved) version applies at the time an order is sent (see § 3 Number 1).
5. In order to use our offers, the customer undertakes to provide truthful and complete information when registering. If this is not adhered to by a customer, the seller expressly reserves the right to reject a customer's order - if necessary and for the seller's legal protection.

§ 2 Subject of the contract

1. The subject of the contract is the goods offered by the customer via the online shop via the website. The specifics and performance components of the goods are described on the website. All items currently for sale can be accessed and viewed at the following link: https://www.freshcompany.ch/www.freshcenter.eu.

1. The product images shown on the website, in particular the colors shown, may differ from the original product for technical reasons.

3. The on the Photos and product descriptions contained on the website are for illustrative purposes only, they do not constitute a binding offer and no guaranteed properties of the purchased item can be derived from them.

3 Conclusion of the contract

1. When ordering in the online shop, customers can take a closer look at the desired and currently offered products (or subscriptions) in accordance with §2 No. 1 above by clicking on the product image and adding them to the shopping cart using the “Add to shopping cart” link. The contents of the shopping cart can be viewed at any time by clicking on the “Shopping cart” link at the top center-right in the image display of the online shop (see the corresponding image symbol). The selected products that can be viewed in the shopping cart can be ordered by clicking on the green “checkout” button: This takes the customer to the checkout. At the checkout, the customer can order the products for a fee after entering the personal information required in the input mask in accordance with Section 3 of this chapter below.

2. With reference to §7 below, payment for the ordered items is possible via advance payment or additional payment by invoice. For private customers (private individuals, consumers), the obligation to pay in advance always applies, unless otherwise agreed in advance.

3. In order to purchase the products, the customer is obliged to create a customer account. The conclusion of a customer account requires at least the e-mail address, first and last name, the complete delivery address and - if necessary or in the event of a deviation from the delivery address - an additional billing address. Selecting the shipping and payment method is also mandatory.

4. After the order of the desired products has been completed and sent to the seller, the customer will receive an order confirmation to the email address provided, in which his data and his order are listed again. This binding order confirmation represents an acceptance by the seller of the conclusion of the contract.

If payment is made by invoice, the customer will then receive the invoice for his order via another separate email to the email address provided.

For customers who are required to pay in advance, the goods will only be sent to the customer immediately after receipt of payment (service after advance payment (invoice) or after credit card or PayPal payment).

For business customers (not consumers, but B2B customers), payment by invoice is permitted in exceptional cases, subject to prior written approval from the seller. In this case, with the written approval of the seller, a binding contractual relationship is created and the customer is obliged to pay for the approved transaction.

5. Before approving a subsequent payment by invoice by B2B customers, the seller is entitled to check the customer's creditworthiness: This check can be carried out independently by the seller. In this context, the seller is also entitled - if appropriate - to request the production of documents that prove the customer's creditworthiness.

6. The seller is entitled to withdraw from the contract even after payment of the purchase price - if the products have not been delivered by then - if she cannot deliver the ordered goods for various reasons. In this case, the seller will immediately inform the buyer about the unavailability of the desired products and immediately reimburse the buyer for any consideration already paid. In this case, the seller reserves the right to offer goods of equal price and quality with the aim of concluding a new contract for the purchase of goods of the same price and quality.

§ 4 Storage of the contract text

1. The seller saves the order sent by the customer in the aforementioned manner and the order data entered. The seller sends the customer an order confirmation with the most important order details by email.

2. Customers have the option of setting up their own account, especially for future orders. In this case, the contact details entered once will be saved and can be used again or readjusted for future orders.

§ 5 Right of withdrawal

A right of withdrawal is excluded.

§ 6 Prices as well as shipping costs and conditions

1. All prices stated on the website are exclusive of statutory VAT, with additional tax costs and shipping charges being shown separately. The products are sent by Swiss Post, DPD, DHL, GLS, freight forwarder or, alternatively, by another delivery company chosen by the seller.

2. The system calculates shipping fees (post office) or parcel service or shipping company from the warehouse when transferring the item to the shopping cart. The information is a guideline price. They can be changed at any time without notice. Surcharges for express deliveries are borne by the customer.

3. Price changes and price errors remain reserved.

§ 7 Terms of payment / default

1. Payment via the online shop can be made directly by credit card (the seller accepts VISA, MasterCard, TWINT) via PayPal or by invoice. The seller reserves the right to unilaterally exclude individual payment methods in the future.

In the sense of the statements under Section 2 Numbers 3 - 5 above, the customer is - depending on whether the requirements set out are met - obliged to pay in advance or is given the option of paying for the purchased items subsequently by means of an invoice (basically only reserved for B2B customers ).

2. When paying by PayPal/credit card, the customer is directed directly from the ordering process to the corresponding payment pages and the payment is made immediately.

3. The seller is expressly authorized and reserves the right to hand over or sell its claims against a customer who is in default to a specialized debt collection company.

4. When paying by invoice, the customer receives the invoice with the invoice details when the goods are delivered or by email. Payment must be made using the invoice details within the payment period stated on the invoice. If payment is not made on time, the provider is entitled to charge its expenses for each reminder of at least CHF 50 and other costs associated with debt collection as well as the statutory default interest. If it becomes necessary to initiate debt enforcement, an additional processing fee of at least CHF 200 will be due.

5. The provider is expressly authorized by the customer to carry out credit checks at its own discretion and, if necessary, to pass on the customer's data to third parties for (solely) this purpose.

§ 8 Availability, warranty and liability

1. All information about the availability of our products and the shipping and delivery of our goods is preliminary information and approximate guidance. They do not represent binding or guaranteed shipping or delivery dates. Liability for unavailable goods or for delays in shipping or delivery of the goods is expressly excluded. Our goods are available as long as our stocks last. If the provider discovers when processing an order that the ordered goods are not available, the customer will be informed immediately. In this case, a contract for the non-deliverable goods is not concluded because the ordered goods cannot be delivered.
2. The digital products offered are generally available as long as they are offered in the online shop. The provider reserves the right to limit the number of items that can be purchased by a customer. In this case, the customer will be informed accordingly by email.
3. For defects in the goods sold in accordance with the above, the seller is generally liable in the sense of its warranty claims in accordance with the legal provisions of the sales law in accordance with Article 197 ff. OR, unless otherwise specified in these General Terms and Conditions or unless the seller has agreed otherwise after the conclusion of the contract expressly deviated from this in writing. Mandatory legal provisions remain reserved if a consumer relationship exists. However, the warranty is expressly limited solely to the right to repair or exchange goods that are free of defects.

4. The warranty period for defects in the purchased item is also 5 days for both private individuals and entrepreneurs or companies.

5. Defects in the purchased product that arise during the aforementioned warranty period (guarantee period, in accordance with Section 2 of this chapter) must be reported to the seller immediately after they are discovered (timely notification of defects) and temporarily sent to the seller at the seller's place of business at the buyer's expense. After checking the supposedly defective product and confirming the defect by the seller, the customer will be given a new and defect-free product (exchange for a new example or repair of the existing product, if necessary). In any case, the buyer bears the shipping costs for returning the item to the seller, regardless of whether he was able to prove the existence of a defect or not. The warranty is limited to exchange or replacement with new, defect-free goods.

6. Any warranty on the part of the seller is void in any case if the defects in the purchased item occurred for the following reasons:

– Damage and functional defects to the products caused by accidents, improper or misuse (impact, shock, smashing, incorrect use of the product, etc.) or by changes, repairs or interventions by people who do not have the necessary and verifiable professional qualifications, were created;

– Consequences of normal use and normal wear and tear or aging of the product sold

7. In the event of any damage to the packaging of the products, any warranty is excluded; this can be attributed to damage during transport by the transport company. In this sense, as soon as damage to the packaging of the purchased goods is evident, any warranty is excluded or there is no warranty within the meaning of the contractual relationship. The recipient reports his claim to the transport company himself.

8. Any liability for third-party or consequential damages as well as for loss of the purchased product is excluded to the fullest extent permitted by law. The seller is not liable for damage caused negligently. Likewise, any liability for indirect or consequential damages, whether based on contract, tort or any other reason, is expressly excluded. Examples of indirect damage include lost profits, financial losses, damage to reputation, damage caused by computer viruses or loss of data due to temporary impairments or interruptions in the availability of the seller's services.

9. The seller is not responsible for error-free and/or constantly available data communication via the Internet, nor for the error-free and uninterrupted availability of the online shop. We are not liable for any technical and/or electronic errors that occur during the ordering process.

§ 9 Transfer of risk / force majeure

1. The risk in the item sold or in the purchased products is transferred to the customer when the goods are personally handed over or when the goods are handed over for dispatch to a broadcasting provider.
2. In the event of any damage to the packaging of the products, any warranty is excluded as this is due to damage during transport by the transport company.
3. The seller is not responsible for unforeseen, unavoidable events for which we are not responsible, such as pandemics, strikes, fires, lack of energy, operational disruptions and suppliers' inability to deliver; The seller is not liable for any associated service disruptions and is also not obliged to provide contractual warranties in accordance with Article 197 ff. OR.

§ 10 Data protection

Reference is made to the separate data protection declaration.

§ 11 Copyrights

The seller has copyright to the image motifs of the products for sale shown on the aforementioned internet platform, unless otherwise stated. These works may only be used by third parties with the written consent of the seller.

§ 12 Final provisions

1. Swiss law applies exclusively to these general terms and conditions and to the purchase agreement concluded in each case, excluding the UN Convention on Contracts for the International Sale of Goods.
2. The place of jurisdiction for disputes arising from this contractual relationship - subject to mandatory jurisdiction - between the seller and its customers is the registered office of the seller in accordance with Section 1, Paragraph 1.
   1. If one or more clauses of these terms and conditions are wholly or partially ineffective, this will not affect the validity of the remaining contractual provisions. In this case, the ineffective or void provision must be replaced by a new, legally permissible provision that comes as close as possible to the ineffective or void provision in terms of its economic impact. If an ineffective contractual clause is not subsequently corrected, it will be replaced by a relevant legal provision.