General Terms and Conditions

1. Validity of the general terms and conditions

These General Terms and Conditions (GTC) apply to all orders for goods placed via the homepage of nice & fresh GmbH, Vogelsangstrasse 17, 8304 Effretikon. The version of the GTC published on the homepage at the time of the order is authoritative.

The GTC are subject to change at any time. Furthermore, the relevant provisions of the Swiss Code of Obligations shall apply, unless otherwise provided for in the GTC.

2. Contract area

In the online store of nice & fresh GmbH are "currently" only goods deliveries in Switzerland and the Principality of Liechtenstein. Orders from other countries can "unfortunately not yet" be considered.

3. Prices

The offer is valid while stocks last. All prices are quoted in Swiss Francs and include the legal VAT of currently 8.1%. Any increase in VAT will be charged to the customer. For each delivery, nice & fresh GmbH charges the customer, regardless of the number of items (see section 7. Delivery), the shipping costs indicated for the respective product group.

4. Conclusion of contract and withdrawal

All information regarding goods and prices on the homepage of nice & fresh GmbH are subject to change and non-binding. By placing an order via the homepage, the customer submits a binding offer. The nice & fresh GmbH confirms the acceptance by e-mail to the customer. Only with this explicit acceptance a contract is concluded and the customer is entitled to delivery of the goods. If the goods ordered by the customer are not available in the desired quantity or at the price indicated on the homepage, nice & fresh GmbH shall notify the customer as soon as possible. In this case, the contract is not valid until the customer again confirms the corrected order by e-mail. Orders and agreements made by telephone shall only be valid if they are confirmed in writing or by e-mail.

In case of spelling, printing or calculation errors on the homepage, nice & fresh GmbH is entitled to withdraw from the contract free of charge.

5. Payment

The payment of the ordered goods is made in advance or by invoice (see clause 6. Purchase on account). If payment is made by credit card or by Post Finance Debit Card, the value of the goods will be charged on the day the order is received.

6. Purchase on account with installment facility (PowerPay)

Purchase by invoice with partial payment option (POWERPAY)

As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview.

When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’s https://www.powerpay.ch/en/agb GTC.
(powerpay.ch/en/agb).

7. Delivery

The delivery costs are: B-Post CHF 8.50, B-Post Signature CHF 10.50, A-Post CHF 10.50. Deliveries from CHF 180.00 are free of shipping costs (on request by e-mail: Express shipments are possible at a price of CHF 17.80). The goods will be delivered within 1-3 working days depending on the selected shipping option, subject to availability. Benefit and risk lie with the customer from the moment the goods are handed over to the carrier.

8. Retention of title

The delivered goods shall remain the property of nice & fresh GmbH until all claims against the customer have been settled in full.

9. Right of withdrawal

The customer has the right to return the goods within 8 days after receipt. The right of withdrawal can only be exercised legally if the goods are returned unused, undamaged, complete and in unopened original packaging. After receipt of the goods returned in the described condition, nice & fresh GmbH will reimburse the customer for the value of the goods.

The goods are to be returned at the expense and risk of the customer to the following address:

Please register returns in advance.

Shipping costs already incurred cannot be refunded. For hygienic reasons, we neither take back nor exchange incorrectly ordered goods.

10. Warranty

The nice & fresh GmbH guarantees to deliver the goods in perfect quality. Should there still be defects in the delivered goods, the customer has the obligation to report the defects in writing within 8 days after delivery. After returning the defective goods, the customer will receive a replacement delivery. If no replacement delivery is possible, nice & fresh GmbH will refund the payment made. In addition, any claim for reduction, rescission or compensation for consequential damage caused by a defect is excluded to the extent permitted by law.

Changes made by the manufacturer in the external appearance of the product (e.g. bottle or packaging) do not constitute a defect; the images shown on the homepage are for illustration purposes only and are not binding. In addition, the customer forfeits any rights for defects in case of improper use of the goods.

11. Data protection

All personal data provided by the customer will be treated as strictly confidential and will only be used by nice & fresh GmbH itself.

12. Data security

Suitable security technology is used to protect customer data against unauthorized processing. The transmission of data is encrypted. However, no liability can be assumed for the security of data transmitted via the Internet.

13. Law and place of jurisdiction

All contracts concluded via the homepage of nice & fresh GmbH are subject to Swiss law. In the case of orders placed by private individuals for private use, the place of jurisdiction shall be governed by the law on the place of jurisdiction. In all other cases, Zurich is the exclusive place of jurisdiction.