General Terms and Conditions of Sale
1. Scope of Application and Contractor
1.1 The following General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply to orders for goods from the product assortment of ToFeelGood.ch's Online Shop (www.tofeelgood.ch) in the respective version in force at the time of the order.
1.2 Contractor of the customer is Easy4You Sagl, Via Lunghi 1, 6802 Rivera, Switzerland, e-mail: info@easy4you.cloud (hereinafter "Easy4You").
1.3 The GTC are an integral part of the contract concluded between Easy4You and the customer. Provisions deviating from the GTC are only legally binding if they are expressly accepted in writing by Easy4You. Any conflicting conditions of the customer are not recognized.
1.4 The offer of items in the Online Shop of ToFeelGood.chis only addressed to persons and companies that have their residence or registered office in Switzerland or Liechtenstein and can give a delivery address in Switzerland or Liechtenstein if they decide to have the goods shipped to them (cf. Section 3.2).
2. Order procedure and conclusion of contract
2.1 The customer can select items from the assortment of products in the Online Shop of ToFeelGood.ch and assemble them in a so-called shopping cart by clicking on the button "in the shopping cart".
2.2 By clicking on the "Order and Pay" button, the customer makes a binding offer to purchase the goods in the shopping cart and agrees to the validity of these GTC.
2.3 The order confirmation which is then automatically sent by e-mail attests that the customer's order has been received by ToFeelGood.ch but does not yet constitute acceptance of the customer's offer.
2.4 A contract is only formed with the declaration of acceptance by ToFeelGood.ch which is sent by e-mail (order confirmation) to the customer, or at the latest with the dispatch of the ordered goods or the notice of collection.
2.5 If the ordered goods are not available, ToFeelGood.ch reserves the right not to accept the customer's offer, so that no contract is formed. The customer is informed of this by e-mail. Any payments already made for the ordered items are in that case refunded to the customer.
2.6 In the event that only a part of the goods ordered is available or if the goods ordered exceed the usual quantities for household use, ToFeelGood.ch reserves the right to accept the customer's offer only with respect to a part of the goods, so that only with respect to this part of the goods a contract is formed. The customer is informed of this by e-mail. Any payments already made for the other part of the goods are in that case refunded to the customer.
2.7 If, after the conclusion of the contract, partial or total shipment of the ordered items does not take place due to force majeure or for reasons beyond ToFeelGood.ch's control, ToFeelGood.ch is entitled to withdraw from the contract in whole or in part. The customer shall be informed of this by e-mail. Any payments already made for the relevant items will be refunded to the customer in full (in case of total withdrawal) or with reference to the items that cannot be shipped (in case of partial withdrawal). The customer may not assert any further claims.
3. Deliveries
3.1 The shipment of goods purchased on ToFeelGood.ch, takes place within 24/48 hours. Whenever an estimated delivery date or time is indicated on the item page, the latter information applies to the shipment.
3.2 ToFeelGood.ch is authorized to make partial deliveries. Subsequent deliveries shall take place immediately after the arrival of the goods. If ToFeelGood.ch indicates shipping or collection deadlines, these are in this respect non-binding approximate values. If a shipping or collection deadline is not met by ToFeelGood.ch, the customer is entitled, after the expiration of an extension of at least 10 days set in writing by the latter, to withdraw from the contract with respect to the goods not shipped or not ready for collection. Any payments already made for the relevant items shall in that case be refunded to the customer. The customer may not assert any further claims.
3.3 In case the customer chooses to ship the goods, he will be notified by e-mail when the goods have been assigned to the carrier for shipment. The choice of the carrier is reserved for ToFeelGood.ch.
Delivery takes place only in Switzerland, Liechtenstein.
With the handover of the goods to the transporter, the risk of loss of the thing passes to the customer. The goods are insured by ToFeelGood.ch against transport damage if their value exceeds the carrier's maximum liability limit. The customer, in order to safeguard his rights against the carrier and/or insurance, must check that the goods, upon acceptance of the shipment, are intact and received in their entirety. In case of transport damage or outwardly recognizable differences in quantity, the customer must submit a precise and detailed reservation to the carrier. Transport damage or differences in quantity that are not outwardly recognizable must be reported promptly or at the latest within five days to ToFeelGood.ch customer service (e-mail: info@tofeelgood.ch) Unconditional acceptance (in the case of transport damage or differences in quantity that are outwardly recognizable) or the expiration of the five-day period (in the case of transport damage or differences in quantity that are not outwardly recognizable) shall result in forfeiture of the claim against the carrier and/or insurance.
The delivery and placement of the goods must be able to be carried out in a reasonable manner, without the use of auxiliary means such as hoists, flexible controls, special vehicles or the like. It is the customer's responsibility to inform in advance of any difficulties and/or impediments in the delivery or placement of the goods and to clarify any additional financial consequences. Goods, whose place of destination cannot be reached directly by the carrier, will be transported to the nearest place (e.g. mountain railway valley station).
The customer is obliged to accept the shipment. If a shipment proves to be undeliverable and the carrier sends the goods back to ToFeelGood.ch, without fixing an extension with respect to the uncollected goods, it reserves the right to waive the subsequent fulfillment of the customer's obligations. ToFeelGood.ch is, in addition, entitled to claim damages for breach of contract. The customer's voluntary right of return (see Paragraph 6) is excluded with regard to goods not accepted.
3.4 If the customer decides to collect the goods from ToFeelGood.ch, he/she will be notified by e-mail as soon as the order is ready for collection. With the notice of pickup, the risk of loss of the thing passes to the customer. In order to pick up the goods, the customer must present the pickup notice and a photo ID issued by a public office (ID card, driver's license, passport, etc.).
The customer is obliged to accept the order within 10 days after receiving the pickup notice. In case the customer does not collect the order within the ten-day period, ToFeelGood.ch, without fixing an extension with respect to the uncollected goods, reserves the right to waive the subsequent fulfillment of the customer's obligations. ToFeelGood.ch is, in addition, entitled to claim damages for breach of contract. A voluntary right of return on the part of the customer (see Paragraph 6) in respect of uncollected goods is excluded.
4. Price and Payment
4.1 All prices in the ToFeelGood.ch's Online Shop are in Swiss Francs (CHF) and are inclusive of Value Added Tax (VAT), advance recycling fee and royalties.
4.2 Shipping costs as well as any other additional costs (e.g. surcharges related to the chosen payment system) will be displayed separately and charged to the customer in addition.
4.3 ToFeelGood.ch reserves the right, and the customer agrees to this, that checks on the customer's creditworthiness and address will be carried out and requested, and that customer data will be forwarded to third parties for this purpose. We will rely, in this regard, on the customer's data and take into account the information of third parties. The customer has at his disposal only the payment options provided at the conclusion of the order process.
4.4 The agreed price as well as shipping costs and any other additional costs (see Section 4.2) must be paid immediately. With the first delivery or ineffective delivery of the goods (cf. Subsection 3.2), with the first collection or with the expiration of the ten-day period for collection (cf. Subsection 3.3) or with the expiration of the payment period, in the case of the payment method "Purchase by Invoice" the customer falls into arrears without the obligation of a reminder. Any costs and disbursements of ToFeelGood.ch or third-party providers in connection with the collection of outstanding amounts, namely reminder fees, interest on arrears, as well as costs for the transfer of the claim to a collection office, shall be borne by the customer. The amount of such charges depends on the separate terms and conditions of the respective third-party provider whose services are enjoyed by the customer. ToFeelGood.ch, after expiration of an extension of at least 10 days set by these, reserves the right, in addition, to waive in whole or in part the subsequent fulfillment of the customer's obligations, to reclaim in whole or in part any goods already delivered and to claim damages for breach of contract.
Delivery costs Switzerland and Liechtenstein: CHF 10.
5. Retention of Ownership
5.1 The goods remain the property of ToFeelGood.ch until full payment of all claims arising from or relating to the purchase made. The customer authorizes ToFeelGood.ch to make a corresponding entry in the register of reservation of title agreements, at the customer's expense.
6. Data Protection
6.1 ToFeelGood.ch processes the customer's personal data strictly in accordance with the applicable provisions of the Swiss Data Protection Act.
6.2 ToFeelGood.ch collects, stores, uses and processes the customer's personal data exclusively in accordance with the respectively applicable data protection provisions of ToFeelGood.ch
7. Various
7.1 Should one or more provisions of these GTC be ineffective, the effectiveness of the remaining provisions shall not be affected.
7.2 Material Swiss law shall apply exclusively. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
7.3 Except for disputes arising from consumer contracts, the exclusive place of jurisdiction for all legal actions shall be the registered office of Easy4You.
In case of disputes arising from contracts concluded with consumers, the place of jurisdiction for legal actions of the customer shall be the place of domicile or seat of one of the contracting parties, for legal actions of Easy4You shall be the place of domicile of the customer.