TERMS AND CONDITIONS

1. GENERAL PROVISIONS

FELFEL AG, Räffelstrasse 24, 8045 Zurich (“FELFEL”) supplies FELFEL refrigerators and other devices ("FELFEL-Devices") located in the offices of their business clients and sells its products ("FELFEL-Products") to the latter’s employees (“Customers”).

The present GTC regulate the sale of FELFEL-Products to the Customers as well as the handling of personal data. These GTC shall apply to all purchase contracts entered into between FELFEL and the Customers in the sense of section 3.

2. REGISTRATION AND MEANS OF PAYMENT

Prior to the first purchase of a FELFEL Product by the Customer, FELFEL sets up a personal account for the Customer by registering the Customer on the FELFEL website with the Customer’s first and last name as well as the business email address. The respective data may be made available to FELFEL for this purpose by the employer of the Customer with the latter’s consent. In case a Customer’s personal account is not set up by FELFEL through registration, such Customer shall, prior to the first purchase of a FELFEL Product, register itself providing the same data; if no business email address is available, the private email address shall be provided. The Customer undertakes to provide true and correct information.

In addition, the Customer shall enter a method of payment in its personal account on the FELFEL website for payment purposes. The method of payment can also be provided at a later stage. However, FELFEL reserves the right to demand payment of outstanding amounts at any time and to initiate debt collection proceedings if necessary.

Customers may add credit to their personal account up to a maximum credit of CHF 500. The credit relates to the personal account of the Customer and can be used for the purchase of FELFEL-Products only. No interest is paid on the credit. For the duration of the contractual relationship between FELFEL and the employer of the Customer, the credit balance cannot be paid out in full or in parts. After termination of the contractual relationship between FELFEL and the employer of the Customer, remaining credit, if any, can be paid out exclusively to the same person and to the same method of payment with which credit to the account was added. Customers may through use of the gift feature transfer up to CHF 500 per calendar year from their FELFEL account to another FELFEL customer’s FELFEL account to the extent the target Customer thereby does not exceed the credit limit of CHF 500. Successfully transferred credit can no longer be paid out to the transferring Customer.

3. PURCHASE CONTRACT

The presentation of the FELFEL-Products in the FELFEL-Devices constitutes an offer according to law. The Customer checks in to the FELFEL-Device using its personal badge. After choosing a FELFEL-Product, the Customer must scan it and confirm the selection. This confirmation on the FELFEL-Device constitutes the acceptance of the offer according to law, whereby the purchase contract is concluded.

After confirmation of the purchase of a FELFEL-Product, the purchase price is automatically charged to the method of payment on file or deducted from the credit balance via the Customer’s personal account.

Any warranty obligation of FELFEL in the sense of art. 197 et seq. Swiss Code of Obligations is excluded to the extent permitted by law. Any further liability of FELFEL is restricted to gross negligence and wilful misconduct.

4. DATA PROTECTION

4.1 Legal bases for Data Processing

By accepting these GTC the Customer consents to the processing and use of personal data as described herein. In some instances, FELFEL may also base its data processing on overriding private interests (in particular when FELFEL processes personal data of Customers in connection with the performance of a contract with them).

4.2 Purposes of Data Processing

FELFEL processes personal data for evaluation, statistics and marketing purposes with the aim of providing optimal quantities and types of FELFEL-Products and bringing new products to the Customers’ attention. This way, FELFEL wishes to ensure high quality and a maximum possible range of services. Moreover, avoiding food waste, which is a primary concern for FELFEL, can be facilitated by means of exact data analysis. FELFEL also aims at improving customer loyalty. For this purpose, analyses based on existing Customer profiles are performed, which allows for monitoring of consumer behavior as well as the creation of consumption profiles. To provide a high quality and reliable service, it is important for FELFEL to be in a position to verify the inventory of FELFEL-Devices without actually being physically on premises on a daily basis.

4.3 Processed Data

With the registration of a Customer and the purchase of FELFEL-Products, a Customer profile is created. A Customer profile consists of the data entered during registration as well as the purchasing data (for example place and time, FELFEL-Product-specific data and services as well as the use of discounts). Additionally, data provided voluntarily by the Customer is included in the Customer profile.

4.4 Video Recordings

To ensure the correct inventory of FELFEL-Devices, a video camera may be installed in a FELFEL-Device or be installed in the future. Every FELFEL-Device in which a video camera is installed will be labelled accordingly with a respective sign. Video cameras will be installed in the FELFEL-Devices in such a manner that they only record the interior of the FELFEL-Device in which the FELFEL-Products are placed. No sound and no other areas (particularly no area outside the FELFEL-Device) will be recorded. Thus, of Customers taking out FELFEL-Products from the FELFEL-Device, only the hand (including parts of the arm) reaching for the FELFEL-Products will be recorded. However, FELFEL automatically logs, which Customer unlocked the door with the personalized badge.

The respective data processing is based on the consent of the Customers or FELFEL's overriding private interest in the protection of FELFEL-Products. The video recordings will only be used for such purposes and not evaluated for any other purposes, in particular marketing purposes. The video recordings will only be reviewed in case of relevant events (e.g. if the inventory of the respective FELFEL-Device is incorrect).

4.5 Marketing

FELFEL is authorized to send personalized promotional offers for FELFEL-Products directly to the Customer by email. The Customer has the right to revoke the consent to receive promotional offers at any time.

4.6 Data Disclosure

FELFEL supports its suppliers in improving their FELFEL Products and marketing through data analysis. FELFEL generally does not disclose any individual Customer data to third parties. Certain Customer data (e.g. the amount in CHF or in units purchased by a specific Customer over a particular period of time) can be shared with the employer of the respective Customer according to the agreement with the employer. However, the exact usage habits of the Customer (in particular which FELFEL Products were purchased) are not disclosed. In addition, Customer data may be shared with authorities in the event of relevant incidents or as required by legal regulations, or if necessary in individual cases to protect and enforce FELFEL's legitimate interests.

4.7 Data Security

FELFEL will keep the data of their Customers safe and will take all proportionate precautionary measures to protect the data from foreseeable risks such as loss, misuse or modification. Video recordings will be stored on a secured server accessible only to specific authorized persons, who are responsible for the security and investigation of theft.

4.8 Customers' Rights

All Customers are granted all rights in accordance with the Swiss Federal Data Protection Act. For security reasons, any data protection related requests (such as information requests) can only be submitted by email and for the respective data of the sender of the email.

4.9 Deletion of Data

If a Customer requests its personal data to be deleted, the respective personal account will be deactivated by FELFEL and the respective data will be anonymized, subject to any applicable data retention obligations.

Further, FELFEL automatically deletes or anonymizes personal data, which are no longer required for the purposes described herein. Video recordings will generally be retained for 10 days. Such retention period may be longer in case of relevant events (e.g. if FELFEL notices an increased removal of FELFEL-Products without payment) or in the absence of responsible persons.

4.10 Controller and Contact

FELFEL is the controller responsible for data processing or controller of data files in accordance with the Swiss Federal Data Protection Act.

Inquiries with respect to data protection and related requests may be directed to the following address: support@felfel.ch

5. FINAL PROVISIONS

5.1 Misuse and theft

In the event of misuse, fraudulent use of a FELFEL-Device, or removal of FELFEL-Products without proper payment, FELFEL reserves the right to charge the Customer the value of the unpurchased FELFEL-Products as well as an appropriate administrative fee to cover investigation, processing, and related costs. FELFEL further reserves the right to restrict or terminate the Customer’s access to FELFEL-Devices and to take any additional legal action deemed necessary.

5.2 Changes to the GTC

Amendments to the present GTC shall be published at felfel.ch/terms-conditions. This is to ensure that, among others, the information regarding the data stored, collected and used by FELFEL is available at any time. By accessing the FELFEL website or app or using FELFEL's services following publication of any amended GTC, the Customers consent to such current version of the GTC.

5.2 Applicable Law and Jurisdiction

These GTC are subject to Swiss law. Should a provision of the present GTC conflict with mandatory law, such provision shall be replaced by the respective mandatory legal provision. The validity of the other provisions of these GTC remains unaffected. The courts of Zurich, Switzerland, shall have jurisdiction.

6. Loyalty program

6.1 Scope of Application

These General Terms and Conditions (“Terms”) govern participation in the FELFEL Loyalty Program (“Loyalty Program”) offered by FELFEL AG, Raeffelstrasse 24, 8045 Zurich, Switzerland (“FELFEL”). By registering for a user account, accessing, or participating in the Loyalty Program, the participant (“Customer”) acknowledges and agrees to be legally bound by these Terms. Any general terms or conditions of the Customer are expressly excluded and shall not apply.

6.2 Eligibility and registration

  • Participation in the Loyalty Program is open to all individuals who hold an active FELFEL customer account.

  • Each Customer may maintain only one (1) active account. FELFEL reserves the right to request identity verification or additional documentation at any time.

  • All Rewards, vouchers, and benefits (“Rewards”) are personal to the Customer, non-transferable, and may not be assigned, sold, or otherwise made available to third parties.

  • If a Customer changes employer, location, or otherwise creates a new account, any previously accumulated Rewards will not be transferred to the new account.

  • FELFEL may refuse, suspend, or revoke a Customer’s participation, and may invalidate Rewards, in cases of abuse, suspected or actual fraud, provision of false or misleading information, or any breach of these Terms.

6.3 Rewards and Qualification Criteria

Welcome Voucher

  • The Welcome Voucher is issued automatically upon successful email verification (“issuance date”).

  • The voucher must be manually activated in the FELFEL app or on myfelfel.ch website before it can be used.

  • Unactivated vouchers cannot be redeemed at any POS.

  • Once activated, the voucher is automatically applied to the next purchase; deferral is not possible.

  • Voucher value: CHF 5, redeemable in a single transaction. Any unused amount is forfeited immediately.

  • The voucher cannot be split, partially redeemed, refunded, exchanged for cash, transferred, or sold.

  • Valid for 30 days from issuance, whether activated or not.

  • Expired vouchers—activated or unactivated—cannot be reissued or extended.

  • FELFEL is not responsible if the Customer does not activate the voucher within the validity period.

Birthday Voucher

  • The Birthday Voucher is issued automatically once per calendar year on the birthday entered in the Customer’s FELFEL account (“issuance date”).

  • The voucher must be manually activated in the FELFEL app or on myfelfel.ch website before it can be used.

  • Unactivated vouchers cannot be redeemed at any POS.

  • Once activated, the voucher is automatically applied to the next purchase; deferral is not possible.

  • Voucher value: CHF 5, redeemable in a single transaction. Any unused amount is forfeited immediately.

  • The voucher cannot be split, partially redeemed, refunded, exchanged for cash, transferred, or sold.

  • Valid for 30 days from issuance, whether activated or not.

  • Expired vouchers—activated or unactivated—cannot be reissued or extended.

  • FELFEL may request verification if the birthday information appears incorrect or inconsistent.

Double Deal Challenge (Monthly Bonus)

  • Customers qualify for the Double Deal Challenge by spending more than CHF 120 within a full calendar month.

  • Eligible Customers receive two vouchers of CHF 5 each, automatically issued on the 1st day of the following month (“issuance date”).

  • Each voucher must be manually activated in the FELFEL app or on myfelfel.ch website before it can be used.

  • Unactivated vouchers cannot be redeemed at any POS.

  • Once activated, each voucher is automatically applied to the Customer’s next purchase; deferral is not possible.

  • Each voucher must be redeemed in a single transaction. Any unused amount is forfeited immediately.

  • Vouchers cannot be split, partially redeemed, refunded, exchanged for cash, transferred, or sold.

  • Each voucher is valid for 30 days from its issuance date, whether activated or not.

  • Expired vouchers—activated or unactivated—cannot be reissued or extended.

  • Monthly spend progress resets automatically at the end of each calendar month; late purchases do not adjust issuance timing.

VIP Happy Hour Pass / Tier Upgrade

  • Customers qualify for the VIP Happy Hour Pass by completing 8 or more purchases within one calendar month.

  • The VIP Happy Hour Pass is applied automatically to the Customer’s account once the qualification threshold is reached.

  • The Pass grants the Customer early access to Happy Hour, beginning 1 hour before the standard Happy Hour period.

  • The benefit applies automatically at all participating FELFEL fridges; no manual activation is required.

  • The VIP Happy Hour Pass remains active until revoked as part of a later program update, change of eligibility criteria, or in cases of misuse.

  • The VIP Happy Hour Pass cannot be transferred, shared, exchanged for cash, refunded, or sold.

6.4 Redemption Conditions for Vouchers

  • All Loyalty Program vouchers have a nominal value of CHF 5 and are redeemable exclusively for purchases made through FELFEL-operated equipment or digital platforms.

  • Vouchers must be redeemed in full in a single transaction. Any unused portion is forfeited immediately and cannot be carried forward or applied to future purchases.

  • Vouchers cannot be:

    1. exchanged for cash or any other payment instrument,

    2. transferred, assigned, or sold to another person,

    3. combined with certain promotions or discounts (where explicitly indicated),

    4. extended beyond their stated validity period,

    5. reactivated, reversed, or reissued after expiry, except in cases of a verified technical malfunction attributable to FELFEL.

  • FELFEL may restrict voucher redemption for specific products, categories, or situations where required by law or operational constraints.

6.5 Technical Requirements and System Availability

  • The creation, activation, or updating of Rewards may require up to 24 hours due to system synchronization and processing cycles.

  • If a FELFEL fridge or POS device is temporarily offline, voucher redemption or discount allocation may be applied retroactively once the device reconnects, based on the original transaction timestamp recorded in the system.

  • FELFEL does not guarantee uninterrupted, timely, or error-free system availability. Temporary outages, delays, or synchronization issues do not entitle the Customer to compensation or replacement Rewards, unless the issue is proven to be the direct result of gross negligence or intentional misconduct by FELFEL.

6.6 Misuse, Fraud, Account Sanctions, not payed orders

  • FELFEL may suspend, restrict, or terminate a Customer’s participation in the Loyalty Program, and invalidate any Rewards, with immediate effect in cases including, but not limited to:

    1. attempted or actual manipulation of the Loyalty Program,

    2. creation or use of multiple accounts by the same Customer,

    3. misuse of vouchers, Rewards, or the Customer account,

    4. failure to pay for completed orders or repeated payment irregularities,

    5. provision of incorrect, incomplete, or misleading customer information,

    6. any behaviour that violates these Terms or applicable Swiss law.

  • FELFEL may temporarily block or restrict the Customer’s account during investigations into suspected misuse, fraud, or payment irregularities.

  • FELFEL reserves the right to revoke previously issued Rewards if they were obtained or redeemed in violation of these Terms or through improper account behaviour.

6.7 Amendments, Suspension, and Termination of the Program

  • FELFEL reserves the right to modify, restrict, suspend, or permanently discontinue the Loyalty Program or any individual Reward at any time.

  • FELFEL will communicate material changes to the Program with reasonable notice, unless immediate action is required for legal, regulatory, technical, or security reasons.

  • Any changes take effect upon publication or communication by FELFEL, unless stated otherwise.

  • Customers are not entitled to any compensation, replacement Rewards, or legal claims arising from the modification, suspension, or discontinuation of the Loyalty Program or its benefits.

  • Rewards issued prior to such changes may be adjusted, revoked, or rendered unusable if required by law or to ensure the integrity, functionality, or security of the Program.

6.8 Data protection

Participation in the Loyalty Program requires the processing of personal data, including but not limited to profile information, purchase history, transaction timestamps, and technical usage data.

FELFEL processes all personal data in accordance with the Swiss Federal Act on Data Protection (revDSG) and FELFEL’s Privacy Policy, which forms an integral part of these Terms.

6.9 Liability

FELFEL’s liability is limited, to the fullest extent permitted under Swiss law, to damages resulting from gross negligence or wilful misconduct.

FELFEL is not liable for any damages arising from:

  • minor negligence,

  • system failures, outages, or delays caused by third parties, the Customer, or force majeure events

  • incorrect, incomplete, or outdated Customer data,

  • unauthorized access to a Customer’s account resulting from the Customer’s negligence (e.g., sharing login credentials or failing to secure their device),

  • temporary unavailability, malfunction, or restricted access to FELFEL systems or Loyalty Program functionalities.

Nothing in these Terms limits FELFEL’s liability where such limitation is not permissible under mandatory Swiss law, including liability for personal injury caused by FELFEL.

6.10 Severability

If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a competent authority, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the original commercial intent of the parties and the economic purpose of the invalid clause.

6.11 Governing Law and Jurisdiction

These Terms are governed exclusively by Swiss substantive law, excluding its conflict-of-law rules. The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is Zürich, Switzerland, unless mandatory statutory provisions require another forum.

Valid from December 9, 2025.