1. General information
1.1 The following General Terms and Conditions of Business of Frilo AG apply exclusively to all deliveries and services. These terms and conditions form an integral part of every purchase and order.
2. Conclusion of contract
2.1 The customers order is placed online, by telephone or in person. Upon acceptance of the order, a contract is concluded. The contractual relationship is established by sending the online order form of the customer.
2.2 With regard to colour and size, deviations of the delivered products from the original shown on the web are possible due to different screen settings.
3. Prices and Paying Terms
3.1 The agreed prices at the time of placing the order or order confirmation shall apply to the delivery. The prices in the price list are excl. VAT excl. shipping cost. For deliveries abroad, customs duties, taxes and fees may apply which are not included in the prices shown.
3.2 Frilo AG offers payment options via credit card.
3.3 A payment is only deemed to have been made when Frilo AG can dispose of the amount. In the event of default in payment, Frilo AG is entitled to charge interest on arrears in the amount of 5%. The Seller reserves the right to claim damages due to delayed payment. If the customer does not accept the goods sold, Frilo AG shall be entitled either to insist on acceptance or to demand 30% of the purchase price as flat-rate compensation for damages and expenses. For the duration of the customers delay in acceptance, Frilo AG is entitled to store the delivery items at the customers risk or at the customers expense with a warehouse keeper.
4. Delivery, Postage and Packing
4.1 Upon order confirmation, the customer is informed of a provisional delivery date or contact is established with the customer and an individual delivery date is agreed.
4.2 If Frilo AG is in default of delivery, the customer shall be entitled (except in the case of special orders) from the 30th Calendar day after the date of delivery originally announced, to the right to withdraw from the contract. In this case Frilo AG will reimburse the customer for amounts already paid in advance. Thereafter no further claims may exist against Frilo AG.
4.3 Frilo AG is entitled to withhold the delivery if the agreed terms of payment are not met by the customer.
4.4 Delivery shall be made at the expense and risk of the customer. The shipping costs will be charged separately.
4.5 The shipping costs are based on the specifications of the transport company. Within Switzerland, parcels are sent by Swiss Post.
5. Checking the goods / complaints / right of return and return delivery
5.1 Return or exchange of goods delivered to the customer complete and undamaged is excluded.
5.2 The customer undertakes to inspect the goods immediately upon receipt for completeness and condition. Any complaints regarding quality and completeness must be reported to Frilo AG immediately, but no later than 48 hours after delivery. Otherwise the delivery shall be deemed to have been accepted. The products complained about must be returned to us within 5 days (date of postmark) after prior written complaint stating the reason for the defect.
5.3 The delivery costs in case of a possible return of the articles is to be paid by the customer.
6. Retention of ownership
6.1 The goods remain the property of Frilo AG until full payment has been made. The latter shall be entitled to have a corresponding entry made in the retention of title register.
7.1 Liability claims by the customer - irrespective of the legal basis - are excluded to the extent permitted by law. In particular, Frilo AG is not liable for damage resulting from improper use or natural wear and tear. It shall also not be liable for consequential harm caused by a defect.
8. Data protection
9. Final provisions
9.1 Should any provision of these General Terms and Conditions prove to be invalid or ineffective, this shall not affect the validity of the remaining provisions. Any general terms and conditions of the customer are expressly excluded. Frilo AG reserves the right to adapt or amend these General Terms and Conditions at any time.
10. Applicable law and place of jurisdiction
10.1 The legal relationship between the customer and Frilo AG is subject to Swiss law. The ordinary courts at the registered offices of Frilo AG have exclusive jurisdiction.