- Scope of application
The following General Terms and Conditions (GTC) apply to the use of this website and to the business relationship between Fairberry, Petit-bois 24, 1113 St-Saphorin-sur-Morges and its customers, in the version currently available and valid at the time of accessing the website or ordering goods. The offer on this website is intended exclusively for customers residing in Switzerland.
These terms and conditions apply exclusively. Conflicting, supplementary or deviating terms and conditions of sale require the express written confirmation of Fairberry in order to be valid. When the customer uses this website or orders goods, he confirms that he fully accepts these terms and conditions, including delivery and payment conditions.
If any provision of these GTC should be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.
The operator of this website is Fairberry.
- Information on this website
The Fairberry website contains information on products and services. Prices and product range as well as technical changes are subject to change. All information on www.fairberry.com (product descriptions, illustrations, dimensions, weights, technical specifications, relationship to accessories and other information) should be regarded as approximate values only and, in particular, do not represent any assurance of properties or warranties unless explicitly stated otherwise. Fairberry endeavours to ensure that all data and information on this website is correct, complete, up to date and clearly arranged, but Fairberry cannot guarantee this either explicitly or implicitly.
All offers on this website are subject to change without notice and should not be regarded as a binding offer.
Fairberry cannot guarantee that the products listed are available at the time of order. Therefore, all information regarding availability and delivery times may be changed at any time without notice.
All prices are in Swiss francs (CHF) or euros (EU) and include, unless otherwise stated, the legal value added tax.
Shipping costs, if any, will be charged separately, unless otherwise specified, and will be borne by the customer. Shipping costs are indicated separately in the order process.
We reserve the right to make technical changes, errors and misprints. In particular, Fairberry may make price changes at any time and without notice. Consulting and support services are not included in the sales prices.
- Conclusion of contract
The offers on this website constitute a non-binding invitation for the customer to order products and/or services from Fairberry. By placing an order via this website, including acceptance of these GTC, the customer makes a legally binding offer to enter into a contract. Fairberry then sends an automatic “order confirmation” by e-mail, which confirms that the customer’s offer has been received by Fairberry. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.
The contract is concluded as soon as Fairberry sends a declaration of acceptance by e-mail confirming that the ordered products or services have been dispatched.
Orders will only be delivered after receipt of full payment (exception: delivery against invoice) and provided that the goods are available. If, after conclusion of the contract, it transpires that the goods ordered cannot be delivered or cannot be delivered in full, Fairberry is entitled to withdraw from the entire contract or part of the contract. If Fairberry has already received payment from the customer, the payment will be refunded to the customer. If no payment has yet been made, the customer is released from the obligation to pay. Fairberry is not obliged to make a replacement delivery in the event of withdrawal from the contract.
- Payment Options and Retention of Title
The customer has the payment options indicated in the order process.
Fairberry is entitled to charge interest on arrears of 5% per annum and a reminder fee of up to CHF 20 per reminder if the customer is in arrears with payment.
Products delivered to the customer remain the property of Fairberry until full payment has been received.
For subscription orders in Swiss Francs (CHF) and Euros (€), only credit cards (Visa, Mastercard) are accepted. Once a subscription is purchased, Fairberry will automatically charge the customer’s credit card at the frequency chosen by the customer. The subscription is renewed automatically unless deactivated 24 hours prior to the expiration of the current subscription. There is no activation fee for a subscription. The subscription can be cancelled at any time by email (firstname.lastname@example.org.). The amount of the next renewal will not be billed. Shipping costs for subscriptions are described under Shipping and Payment.
- Delivery, obligation to inspect, notification of defects and return
Deliveries are sent by post or courier to the address specified by the customer in the order. Invoices are sent by email or by post. The transfer of risks of deterioration or loss of the goods will take place upon receipt of the delivered goods.
In the event that the delivery cannot be made or if the customer refuses to accept it, Fairberry can withdraw from the contract after informing the customer of the complaint by email and setting a reasonable period of time, and charge the customer for the costs of the work involved.
The customer is obliged to inspect the delivered goods immediately upon receipt and to inform Fairberry immediately in writing by letter or e-mail to the address given in the notification of defects for which Fairberry provides a guarantee.
- Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The period of revocation is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken or taken possession of the last goods. In the case of subscription contracts, the withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier and designated by you took or took possession of the first goods.
In order to exercise your right of withdrawal, you must inform us (Fairberry, Petit-bois 24, 1113 St-Saphorin-sur-Morges, Switzerland email@example.com, telephone: +41 76 634 15 34) by means of a clear statement (for example, a letter or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form for this purpose, but it is not mandatory
To comply with the revocation deadline, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we will refund to you all payments we have received from you, including delivery charges (except for any additional charges resulting from your choice of a delivery method other than the cheapest standard delivery we offer), without delay and no later than fourteen days after we receive notice of your revocation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless we have expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse the refund until we have received the goods or until you provide proof that you have returned the goods, whichever comes first.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day you inform us of the revocation of this contract. The deadline is met if you send the goods before the end of the fourteen-day period. You shall bear the direct costs of returning the goods. You shall only be liable for the loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to test the nature, properties and function of the goods.
(If you wish to cancel the contract, please fill in this form and send it back).
– For the attention of Fairberry, Petit-bois 24, 1113 St-Saphorin-sur-Morges, Switzerland firstname.lastname@example.org
– I/we hereby revoke (*) the contract concluded by me/us (*) for the purchase of the following Goods (*) / the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of client(s)
– Address of the customer(s)
– Signature of the customer(s) (only in the case of communication on paper)
(*) Delete as appropriate.
Fairberry disclaims all liability, regardless of its legal basis, as well as claims for damages against Fairberry and any auxiliary persons and vicarious agents. In particular, Fairberry is not liable for indirect and consequential damages, loss of profit or other personal injury, property damage or pure financial loss of the customer. The right to additional mandatory statutory liability is reserved, for example in cases of gross negligence or unlawful intent.
Fairberry only uses hyperlinks to simplify the customer’s access to other websites. Fairberry can neither know the content of these sites in detail nor assume responsibility or any other liability for the content of these sites.
Fairberry may process and use the data stored in connection with the conclusion of the contract in order to fulfil the obligations arising from the purchase contract and for marketing purposes. The data required for the performance of services may also be passed on to commissioned service partners (logistics partners) or other third parties.
- Other provisions
Fairberry expressly reserves the right to change these terms and conditions at any time and to enforce them without notice.
In the event of a dispute, only Swiss substantive law shall apply, to the exclusion of conflict of law provisions. The United Nations Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is Lausanne, unless the law provides for mandatory fora.
If you have any questions regarding these terms and conditions, please contact: Hello@fairberry.com.