Terms and conditions - FRESHMERCATO.COM
1. SCOPE OF APPLICATION
Solely the following general terms and conditions apply for the business relationship between FRESH SWITZERLAND AG (hereafter FRESH) and the customer.
2. CONCLUSION OF THE CONTRACT
A customer's purchase order represents the conclusion of a purchasing contract. The email sent hereafter to the customer confirming the receipt of the order, and giving the details (order acknowledgement), does not constitute acceptance of the offer, but merely informs the customer that the order has been received. A purchase contract is only concluded with a second email (order confirmation). Since the products are usually fresh products, that have been produced by FRESH or directly by the producers working with FRSH, it is possible that the ordered products may become unavailable unexpectedly and with short notice. No purchase contract can arise from products that are not listed in the order confirmation.
FRESH reserves the right to check the credit standing of customers through appropriate channels, exercising the right to consult credit agencies for information on a customer's past payment practices as well as information regarding credit standing based on mathematics and statistical methods, before acceptance of the purchase order. Likewise, FRESH's credit reporting agencies may also report a customer's data based on a breach of the contract relationship. This notification is made only to the extent necessary to protect legitimate interests. The customer can receive a report from the credit agency about the stored data concerning him.
FRESH has the right to reduce the order quantity to amounts commonly processed by FRESH.
3. CANCELLATION POLICY
a) Right to Cancellation
You have the right to cancel this contract within fourteen days without stating any reasons. The right to cancellation lasts for fourteen days, starting on the day that you or a person acting in your behalf, have received the products of the order. In order to exercise your right to cancellation, you have to contact FRESH (email@example.com). In order to meet the deadline of the cancellation period, sending off the notification before the period of fourteen days ends is sufficient to ensure the right to cancellation.
b) Consequences of Cancellation
If you cancel this order, we will reimburse you for all payments that we received from you, including shipping costs (except additional costs that have occurred if you chose a different shipping method from the primary, cost-effective option offered by us) immediately and at the latest within fourteen days from the day that we received your notification of cancellation of the contract. We will reimburse you with the same payment method that was used for the original transaction, unless you explicitly arrange a different reimbursement with us; we will never charge you any fees for reimbursements.
We have to right to deny returning a payment as long as we have not received the return shipment, or for as long as we have not received proof of shipment, depending on which comes first.
You are required to ship or personally return the products immediately to us, and in all cases within fourteen days from the day that we received your contract cancellation notification. The deadline for the cancellation policy is met if the product is sent before the end of the fourteen day period. You will need to pay the shipping costs for returning the product. You will only have to pay for a possible loss in value of the products if this loss of value can be determined to be due to handling that is not necessary for examination of the product, including its characteristics and functioning.
c) Suspension of the Right to Cancellation
The right to cancellation does not apply to delivery contracts for products that are not prepackaged and for the manufacturing of which an individual selection and determination through the consumer is important, or that have clearly been customized for the needs of individual customers for delivery of sealed products, products that are not appropriate for returns due to hygiene or health protective reasons, if their packaging seal has been removed after delivery, products that perish quickly or if their sell-by date is short.
4. AGREEMENT ON BEARING COSTS
If you invoke your right to cancellation, you have to bear the costs of the return shipment if the delivered product was delivered as it was ordered, and if the cost of the return shipment does not exceed CHF 40 or if the cost is higher and if you have not submitted the return service or a prior agreed upon partial payment. Otherwise, the return shipment will be free of charge for you.
5. PRICES, SHIPMENT COSTS
- The prices from the time of the order shall apply. All prices are quoted with the respective legally valid VAT taxes.
- Final prices for purchases that are determined according to weight of the product can only be determined the day after shipment.
- In case of an advance payment the item will be charged with the final price that was determined by weight.
- If overpayments result, these will be refunded, in case of a residual claim of FRESH this will be completed with the final bill.
- At the time of the order, the purchaser also has to bear the shipping costs of the ordered products according to our shipping conditions.
- There is no minimum order requirement.
- For an order below CHF 50, a low quantity surcharge of CHF 10 will be added.
6. PAYMENT CONDITIONS
- Payment of the purchase is due with the submission of the shipping confirmation.
- There is not possibility of receiving a discount deduction.
- In the event of non-payment or return of a direct debit, the customer hereby irrevocably authorizes its bank to notify FRESH of its name and current address. Possible return debit notes that have been invoiced to FRESH for reasons attributable to the purchase can be claimed from the purchaser.
- Deliveries are made under the delivery conditions and to the delivery address valid at the time of the order.
- Deliveries are made only within Germany, Switzerland and Austria.
- FRESH only takes the liability for ensuring that fresh products requiring cooling are cared for within legal requirements, and will not exceed the maximum permissible temperatures, for express delivery and only in the case that the first delivery attempt of the ordered fresh produce is fully delivered at the right address.
- To a reasonable extent, FRESH has the right to provide partial deliveries. The purchaser only has to pay for the shipping costs that would be required for the complete one-time delivery.
- If the customer is in default of acceptance of the order or culpably violates other obligations to cooperate, FRESH is entitled to command compensation for the resulting damage, including any additional expenses. Further claims are reserved.
- The danger of an incidental demise or an incidental worsening of the purchased product, will be taken on by the customer when he is in default of acceptance of the product.
8. RETENTION OF TITLE
The delivered product continues to be in the possession of FRESH until payment for the product is complete.
The legal warranty rights shall be valid.
- In the case of deliberate intent or gross negligence, FRESH assumes full liability for damages.
- Liability for minor negligence shall only apply for damages endangering life, the body or health as well as damages to a contract related duty (cardinal obligation).
- In the case of damages due to negligence of cardinal obligations the liability for foreseeable contract typical damages is limited.
- A legal liability irrespective of strict liability (for example according to the Product Liability Act) and a liability for the assumption of a guarantee remain unaffected.
- The legal representatives, employees and fulfilment assistants of FRESH do not carry liability separately from FRESH.
11. YOUTH PROTECTION
FRESH is only interested in entering into contractual relationships with adults. The customer obligated to ensure that he is able to accept the product delivery, or an adult person authorized by him.
12. CLAIMS, AUTHORITATIVE LAW, SAFEGUARDING CLAUSE
- If the customer seeks to submit a claim, he can do this by contacting firstname.lastname@example.org
- The Swiss law applies.
- Should one or more provisions be ineffective, this shall not affect the validity of the remaining provisions.
If you have questions about the general business terms and conditions of FRESH, please send us a message with our contact form. We value your suggestions and questions.
We will save the text of the contract and send you the order data by email. You can read the terms conditions here at any time.
Information for Online Dispute Resolution
The EU comission has an internet platform for online settlements of disputes (so called “OS-Platform”) that can be accessed through the following link:http://ec.europa.eu/consumers/odr
Liability Notice: Despite careful control of content, we do not take on any liability for the contents of external links. Exclusively the providers of the linked pages carry responsibility for these.
© 2018 FRESH SWITZERLAND AG. All rights reserved.