Conditions d’utilisation

General Terms and Conditions of frsh AG

1. Scope of application

These General Terms and Conditions (‘GTC’) apply to the entire business of frsh AG (hereinafter ‘company’). The company mainly sells oral care products, including whitening products, toothpaste, toothbrushes and all other products necessary for oral health.

2. Conclusion of contract

The contract is concluded when the customer accepts the company's offer to purchase products.

The contract shall be concluded in any case if the customer orders the products offered by the company via the company's online shop or purchases them directly.

3. Prices

Unless otherwise stated, all prices are in Swiss francs (CHF). All prices include any applicable value added tax (VAT) and exclude any other applicable taxes, as well as packaging and shipping costs.

The company reserves the right to change prices at any time. The prices on the company's website at the time of the conclusion of the contract shall apply.

4. Payment

Payment methods: frsh AG only accepts the payment methods displayed to you during the ordering process. For each order, we reserve the right not to offer certain payment methods and to refer to alternative payment methods.

Payments by credit card: If you purchase an item using a credit card, your credit card account will be debited immediately upon conclusion of the contract.

5. Deliveries

In principle, delivery will be made within 2 (two) working days of receipt of the order. However, this time is only an estimate and not a fixed commitment. If timely delivery is not possible, the customer will be informed by the company within a reasonable period of time after receipt of the order and the new delivery date will be communicated.

Unless otherwise agreed, the registered office of the company is agreed as the place of performance. The delivery time is deemed to have been met when the ordered products are handed over to the agreed carrier. The company assumes no responsibility for delays or losses in delivery for which the carrier is responsible. If no carrier is agreed, the company is free to choose a carrier. The agreed delivery costs may not be increased by the choice of carrier.

6. Revocation

The customer has the right to revoke the contract within 7 (seven) days of sending the order in writing (letter, e-mail, fax, etc.) or implicitly by returning the products. The timely dispatch of the revocation or the product is sufficient to meet the revocation deadline. In the event of cancellation, the customer shall bear the costs of the return shipment and an administration fee of CHF 10.00. In the event of an effective cancellation, the services received on both sides are to be refunded. The products must be returned in their original packaging, otherwise the customer must fully indemnify the company for the damage caused by opening the packaging or damaging the product.

7. Warranty

The company warrants that the product meets the product specifications. The company warrants the above for a period of two years. No warranty is provided for the following cases: (a) improper, non-contractual or unlawful storage, transport or use of the ordered products, (b) use of incompatible spare or accessory parts, (c) lack of maintenance and/or improper repair of the products by the customer or third parties, (d) transport damage and (e) force majeure for which the company is not responsible.

The customer must inspect the product immediately upon receipt and notify the company of any defects in writing immediately, but no later than seven days after receipt of the product. Defects that could have been detected during this inspection and are not reported shall be deemed approved. Defects that are only discovered at a later date must be reported to the company in writing immediately, but no later than seven days after their discovery. The company reserves the right to decide whether the defective product will be repaired or replaced. Only if a replacement or repair is not possible, the customer is entitled to a reduction or refund of the purchase price. The claim for a refund of costs for third-party repairs is excluded. During the repair period, the customer is not entitled to a replacement product. The warranty for the repaired element starts anew, while the original warranty period continues for the remaining elements of the product.

8. Liability

Liability for any indirect or direct damages (such as lost profits) and consequential damages is completely excluded.

Liability for direct damages is limited to the contract amount. This limitation of liability does not apply to direct damages caused by gross negligence or intent.

The customer is obliged to report any damage to the company immediately.

Any liability for auxiliary persons is completely excluded.

9. Data protection

The company may process and use the data recorded in the context of the contract for the purpose of fulfilling the obligations arising from the contract. The company shall take all measures necessary to secure the data in accordance with the statutory provisions. The customer fully agrees to the storage and contractual use of his data by the company and is aware that the company is obliged and entitled, at the request of courts or authorities, to disclose information from the customer to these or to third parties. If the customer has not expressly prohibited it, the company may use the data for marketing purposes. The data necessary for the performance of the service can also be passed on to commissioned service partners or other third parties.

Further information on how the company processes personal data can be found in the Privacy Policy

10. Changes

These terms and conditions may be changed by the company at any time.

The new version comes into force 30 (thirty) days after it is posted on the website (www.feelfrsh.com) by the company.

In principle, the version of the GTC in force at the time of the conclusion of the contract shall apply to the customers, unless the customer has agreed to a newer version of the GTC.

11. Priority

These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts that further specify the provisions of these GTC take precedence over these GTC.

12. Validity clause

Should any provision of this contract or any attachment to this contract be or become invalid, the validity of the rest of the contract shall not be affected. The parties to the contract shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same shall apply to any gaps in the contract.

13. Applicable law / place of jurisdiction

These GTC are subject to Swiss law. Unless mandatory statutory provisions take precedence, the court at the registered office of the company is responsible for all disputes arising from or in connection with the contractual relationship between the company and the customer. The company is free to bring an action at the defendant's registered office. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.

Version dated 22 August 2024