FELFEL AG, Räffelstrasse 24, 8045 Zurich ("FELFEL") supplies FELFEL refrigerators to the business branches of its corporate customers and sells its products to their employees ("Customers").
These GTC govern the sale of FELFEL products to customers and the handling of personal data. These GTC apply to all sales contracts concluded between FELFEL and the customers as defined in section 3.
Prior to the first purchase of a FELFEL product by a customer, FELFEL shall set up a personal account for the customer by registering the customer on FELFEL's website by providing the customer's first and last name as well as the business email address. The corresponding data shall be made available to FELFEL for this purpose by the customer's employer with the customer's consent. If the customer's personal account is not set up by means of registration by FELFEL, the customer shall register himself before the first purchase of a FELFEL product by providing the same data; if no business email address is available, the private email address shall be provided. Customers undertake to provide truthful information.
In addition, the customer must deposit a credit card in his personal account on the FELFEL website for payment purposes. The deposit of a credit card can also be made at a later date. However, FELFEL reserves the right to claim outstanding debts at any time and to pursue them if necessary.
A customer who does not have a credit card for payment purposes can top up a credit balance with FELFEL by means of a bank transfer of a corresponding amount of money, up to a maximum sum of CHF 500. The credit balance relates to the customer's personal account and can only be used to purchase FELFEL products. The credit balance does not bear interest and cannot be transferred to a third party. During the term of the contractual relationship between FELFEL and the customer's employer, the credit balance cannot be paid out in full or in part. After termination of the contractual relationship between FELFEL and the client's employer, any remaining credit balance may only be repaid to the same person and to the same bank account in Switzerland from which the bank transfer to top up the credit balance originated. Clients may transfer up to CHF 500 per calendar year from their FELFEL account to the FELFEL account of another client.
The display of FELFEL products in the refrigerators is considered a legal application. Customers check in to the FELFEL refrigerator through their personal badge. After selecting the product, the customer scans it and confirms the entry. In the case of payment by credit card statement, this confirmation is deemed to be a legal acceptance, whereby the purchase contract is deemed to be concluded. In the case of payment by credit, the purchase contract for FELFEL products is already concluded to the extent of the corresponding amount by loading the credit; by the above-mentioned confirmation, the customer specifies the object of purchase.
After confirming the purchase of a product, the purchase price is automatically charged to the customer's credit card or credit balance via the customer's personal account. Before depositing the credit card or loading credit, the customer may purchase products up to a maximum amount of CHF 20 via his personal account.
The assertion of material defect rights according to Art. 197 ff. OR is excluded to the extent permitted by law. Any further liability of FELFEL is limited to gross negligence and intent.
If a customer purchases a defective product from a FELFEL refrigerator, FELFEL shall assign all material warranty claims against its suppliers to the customer concerned. In order to enable FELFEL to support the customer in asserting its material warranty claims against the respective supplier, each customer is entitled to contact FELFEL in such a case at the following address: email@example.com.
By accepting the GTC, you consent to the processing and use of your personal data as described herein. In some cases, our data processing is also based on overriding private interests (in particular if we process your personal data in direct connection with the performance of a contract with you).
FELFEL will comply with the relevant legal provisions, in particular the General Data Protection Regulation (GDPR), with regard to the customer's personal data.
Personal data of the customer shall be collected, stored, processed and used by the seller if, to the extent and for as long as this is necessary for the establishment, performance or termination of this contract.
You can find further information on our data protection in our data protection information (LINK).
The purposes of data processing
FELFEL processes personal data for evaluation, statistical and marketing purposes with the aim of ensuring an optimal number and type of FELFEL products and to make customers aware of new products. This is to ensure a high-quality service and the greatest possible scope of services. Furthermore, FELFEL's main concern is to avoid food waste, which can also be promoted through accurate data analysis. Last but not least, FELFEL aims to improve customer loyalty, which is why analyses are carried out on the basis of the customer profiles created, which make it possible to record consumption behaviour and create consumption profiles. In order to provide a high-quality reliable service, it is important for FELFEL to be able to check the inventory of FELFEL equipment without being physically on site every day.
Processed personal data
When registering and purchasing FELFEL products, a customer profile is created. A customer profile is composed of the data provided during registration and the purchase data (e.g. place and time, data on FELFEL products and services and the use of discounts). The customer profile also includes the personal data entered voluntarily.
To ensure the correct inventory of the FELFEL units, a video camera may be installed in a FELFEL unit or may be installed later. Each FELFEL unit in which a video camera is installed shall be identified by a corresponding information plate. Video cameras are installed in the FELFEL units in such a way that they only record the indoor area in which the FELFEL products are placed. The recording is made without sound and no other areas (in particular none outside the FELFEL device) are also recorded. Thus, only the hand (including parts of the arm) that reaches for the FELFEL products is recorded of customers who remove FELFEL products from the FELFEL device. However, FELFEL automatically records which customer unlocks the door with the personally assigned badge.
The corresponding data processing is based on the consent of the customer or FELFEL's overriding private interest in the protection of FELFEL products. The video recordings are also only used for this purpose and are not evaluated for any other purposes, in particular marketing purposes. The recordings are only viewed in the case of relevant events (e.g. if the inventory in the corresponding FELFEL device is incorrect).
FELFEL is entitled to send personalised advertising for FELFEL products directly to the customer by email. The customer has the right to revoke the consent to advertising at any time.
FELFEL helps its suppliers to improve their products and marketing by means of data analysis. No individual customer data, not even in anonymised form, is passed on to third parties. Furthermore, data is disclosed to the authorities in the event of relevant events or on the basis of statutory regulations or if this is necessary to safeguard and enforce FELFEL's legitimate interests.
FELFEL will keep its customers' data secure and take all reasonable precautions to protect it from foreseeable risks such as loss, misuse or alteration. Video recordings are stored on a server to which only specific authorised persons responsible for security or theft investigation have access.
All customers are entitled to all rights in accordance with the Swiss Data Protection Act. For security reasons, data protection requests (e.g. requests for information) can only be made by email and for the corresponding data of the email sender.
If a customer wishes the data to be deleted, his personal account will be deactivated by FELFEL and the data anonymised.
FELFEL also automatically deletes or anonymises data that is no longer required for the purposes described herein. In the case of video recordings, this usually happens after 10 days. The retention period may exceptionally be longer in the case of relevant events (e.g. if FELFEL detects an increased withdrawal of FELFEL products without payment) or in the case of absence of responsible persons.
Responsible persons and contact
FELFEL is the person responsible for data processing or data collection in accordance with the Swiss Data Protection Act.
Questions regarding data protection and requests for deletion can be sent to the following address: firstname.lastname@example.org.
Further information on data protection within the meaning of Art. 13 DSGVO can be found in our data protection information (LINK), which you can access here.
Changes to the GTC
Amendments to these GTC shall be published and submitted to the contracting parties for approval. In this way, information on which data is stored, collected and used by FELFEL is ensured at all times.
Applicable Law and Jurisdiction
Swiss law is applicable to these GTC. Should any provision of these GTC be contrary to mandatory law, it shall be replaced by the mandatory provision of the law. This shall not affect the validity of the remaining GTC. The courts of Zurich shall have jurisdiction.