Terms & Conditions

1. SCOPE OF APPLICATION

These general terms and conditions apply, in their current version at the time of contract conclusion, to all business relationships between Foodflows Switzerland GmbH (hereinafter referred to as "Foodflows," "We") and its customers (You, Yours). Deviating terms of the customer shall only apply if expressly and in writing acknowledged by Foodflows on a case-by-case basis.

By placing an order for goods or services, these terms are deemed accepted.

The data necessary for registration or each respective order provided by the customer must be complete and accurate. In the event of changes to the provided data after registration or order, the customer is obligated to promptly correct the information.

 

2. CONTRACT CONCLUSION

The presentation of products in the online shop does not constitute a legally binding offer but rather an unbinding online catalog. Placing products in the "shopping cart" does not constitute a binding order. A binding order and thus an offer to conclude a purchase contract with Foodflows for the products contained in the shopping cart are only made by clicking the "Order" button on the order page. Subsequently, we will send you a contract confirmation via email without delay, and the contract is concluded upon receipt of this confirmation. Acceptance is subject to legal admissibility and availability of the ordered goods. Temporarily unavailable items must be reordered. The availability display in the online shop is for informational purposes and not a confirmation of delivery; it may be imprecise in exceptional cases. The prices and other conditions published on the website at the time of the order apply. The customer is bound to the order for one week.

 

3. DELIVERY, SHIPPING COSTS, AND MINIMUM ORDER SURCHARGE

We will deliver the ordered goods to the address specified in the order. We are entitled to make partial deliveries and partial performances at any time. In case of partial deliveries, we will refund the missing product, or if additional delivery is possible, we will cover the extra postage. If you are not at home, we have permission to leave your delivery at your doorstep or as per your deposition instructions that you can provide at the time of order. After the goods have been left, we assume no further liability.

Delivery is conditional on timely and proper self-supply by our suppliers. In cases of force majeure such as strikes, other labor disputes, riots, war, natural disasters, and delivery blocks by the manufacturer or upstream supplier, delivery delays do not occur. The seller is not liable for delivery delays caused by manufacturing companies or third parties.

Our performance is a delivery obligation and is fulfilled upon handover to the carrier. After dispatch, the risk of accidental deterioration and loss of the goods passes to the customer. We are not responsible for the negligence of the transport company used.

For the time being, Foodflows only operates in Switzerland. Depending on the destination address and delivery option, the delivery period is usually 1-3 working days.

The shipping costs and options indicated on the website at the time of ordering apply.

 

4. RETENTION OF TITLE, CONTRACT WITHDRAWAL, CHANGES

We retain ownership of the goods until full payment is received. In the event of contract breaches by you or if we are unable to deliver despite multiple attempts, we reserve the right to withdraw from the contract and refund any amounts already collected.

 

5. DUE DATE AND PAYMENT

We only accept the payment methods displayed during the ordering process. The purchase price and any applicable shipping costs become due upon contract conclusion.

 

6. WARRANTY AND LIABILITY

If the delivered goods are defective at the time of risk transfer upon delivery, e.g., due to manufacturing defects, or if there is an incorrect delivery, we will refund the damaged or missing products. Our liability for our own negligence as well as that of our employees, legal representatives, and vicarious agents is limited to intent.

All cases of contract breaches and their legal consequences, as well as all claims from you, regardless of their legal basis, are conclusively regulated in these terms and conditions. Other claims on your part, regardless of the legal basis, are excluded to the extent permitted by law. Foodflows, its assistants, and any vicarious agents shall not be liable for damages that did not arise directly from the goods, especially not for consequential damages, lost profits, or other financial losses on your part.

 

7. ADDRESSES

Provider and contracting party for the offers on these websites: Foodflows Switzerland GmbH, Zürichstrasse 52, 8700 Küsnacht, Switzerland

 

8. DATA PROTECTION

We use the data provided by you for the fulfillment and processing of your order. We share your data with the shipping company commissioned for delivery, to the extent necessary for delivering the goods. For payment processing, we provide your payment data to our bank and the respective payment service providers. We do not share your data with other third parties or use it for advertising purposes. We secure our website and other systems through technical and organizational measures against loss, destruction, access, alteration, or dissemination of your data by unauthorized persons. Despite regular controls, complete protection against all risks is not possible. According to the Swiss Federal Data Protection Act (DSG), you have the right to free information about your stored data (Art. 8 DSG) as well as the right to correction (Art. 5 para. 2 DSG). Requests for information can also be submitted electronically to the contact points specified on the website (see imprint).

Emails with promotional information about Foodflows and its services are only sent with the explicit consent of the users. Users can unsubscribe from receiving newsletters at any time.

 

Cookies

On various pages, we and affiliated software such as Google Analytics use cookies to make our website more attractive and enable the use of certain functions. These are small text files that are stored on your computer. Most of the cookies we use are deleted from your hard drive after the end of the browser session (session cookies). Other cookies remain on your computer and enable us to recognize you on your next visit (persistent cookies). Our partner companies are not allowed to use cookies to collect or process personal data via our website. You can prevent the storage of cookies in your browser.

 

9. LEGAL NOTICE

The content of the website www.foodflows.xyz is protected by copyright unless otherwise indicated. Foodflows cannot guarantee the correctness and completeness of the website and excludes all forms of liability and warranty for incorrect or incomplete content.

 

10. RIGHT OF WITHDRAWAL

10.1. You have the right to return delivered goods within 14 calendar days from the delivery date. In order to comply with this withdrawal period, you must notify us of your exercise of the right of withdrawal before the expiry of the withdrawal period. The deadline is met if the goods are handed over to the post office or another shipping company or one of our couriers on the last day of the period for return. Food items are excluded from the right of withdrawal.

10.2. In the event of proper return of the goods, we will refund the total price paid by credit after examining the goods. A refund is always made to the payment method used for the purchase. In the case of refunds for purchases on invoice, we will refund the amount to the corresponding account.

10.3. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you notify us of the withdrawal of this contract.

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11. FINAL PROVISIONS

Should individual provisions of these terms and conditions be ineffective or incomplete or should fulfillment become impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the ineffective provision with a valid provision that comes as close as possible to the original intention and the economic purpose pursued.

The provisions of Swiss law apply. Zurich is the exclusive place of jurisdiction for all disputes arising from a contract with Foodflows. We reserve the right to change these general terms and conditions at any time. The binding version of the terms and conditions can be accessed on www.foodflows.xyz. The German version of these Terms & Conditioons is the legally binding one.