General Terms and Conditions (GTC)

1.     General Provisions

FELFEL AG, Räffelstrasse 24, 8045 Zurich (“FELFEL”) supplies FELFEL refrigerators located in the offices of their business clients and sells 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 is 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, 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 credit card details in its personal account on the FELFEL website for payment purposes. The credit card details 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 without a credit card for payment purposes may add credit to their personal account by means of bank transfer to FEFEL, 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 and the balance cannot be transferred to a third person. 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 bank account in Switzerland from where the bank transfer adding credit to the account originated. Customers may transfer up to CHF 500 per calendar year to another FELFEL customer’s FELFEL account.

3.     Purchase Contract

The presentation of the FELFEL products in the refrigerators constitutes an offer according to law. The Customer checks in to the FELFEL refrigerator using its personal badge. After choosing a product, the Customer scans the product and confirms the selection. In case of payment by credit card, this confirmation constitutes the acceptance of the offer according to law, whereby the purchase contract is concluded. In case of payment by deduction from the credit balance, the purchase contract is concluded at the time when the credit amount is added to the account, regarding unspecified FELFEL products equivalent to such amount; by confirming the selection of a product, as set forth above, the Customer specifies the product being purchased.

After confirmation of the purchase of a product, the purchase price is automatically charged to the respective credit card or deducted from the credit balance via the Customer’s personal account. Before entering credit card details or adding credit to the account, the Customer can only obtain products for an aggregate maximum of CHF 20 through its 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 malicious intent.

If a Customer purchases a faulty product from a FELFEL refrigerator, FELFEL assigns all warranty claims regarding such faulty product against their suppliers to the Customer affected. For FELFEL to be able to support the Customer in enforcing its claims against the respective supplier, the Customer may contact FELFEL via email to the following address:

support@felfel.ch

4.     Data Protection

4.1         Consent to Data Processing

By accepting these GTC the Customer consents to the processing and use of personal data.

4.2         Purpose of Data Processing

FELFEL processes data for evaluation, statistics and marketing purposes with the aim of providing optimal quantities and types of FELFEL products for each FELFEL refrigerator 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.

4.3         Data Processing

With regard to handling personal data and Customer data, FELFEL acts in compliance with applicable laws.

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, 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.

The Customer agrees that FELFEL is authorized to send personalized promotional offers for FELFEL products or products of FELFEL’s partners directly to the Customer by email. The Customer has the right to revoke the consent to receive promotional offers at any time.

FELFEL supports their suppliers in improving their products and marketing through data analysis. The Customer profiles are only disclosed to third persons in an anonymized form. Any further data will be disclosed only based on legal requirements to authorities or if necessary for the protection and safeguarding of legitimate interests of FELFEL.

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.

Questions regarding data protection (information regarding the data available on the Customer as well as the purpose processing these) and deletion requests may be directed to the following address:

support@felfel.ch

4.4         Right to Information and Deletion Request

All Customers have the right to information according to art. 8 Data Protection Act. For security reasons, such information request can only be submitted by email and for the respective data of the sender of the email.

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

5.     Final Provisions

5.1         Amendments to the GTC

Amendments to the present GTC shall be published and submitted to the contracting parties for approval. This is to ensure that the information regarding the data stored, collected and used by FELFEL is available at any time.

5.2         Applicable Law and Jurisdiction

Swiss law is applicable to these GTC. 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.

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