1 Scope of application
The General Terms and Conditions (hereinafter "AGB") apply to all legal transactions conducted via the online shop. https://funnyfooding.com/ be concluded (hereinafter "Online shop").
In the case of products which are marked "used" in the online shop, these General Terms and Conditions shall apply in addition or in part in deviation from these General Terms and Conditions.
Funnyfooding AG reserves the right to amend these GTC at any time. The version of these GTC valid at the time of the order shall be authoritative in each case and cannot be unilaterally changed for this order. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognised.
Deliveries are made exclusively to addresses in Switzerland or Liechtenstein. Separate provisions apply to deliveries abroad.
The offer is valid as long as the product can be found via the search engine in the online shop and/or stocks last.
2.1 Product and price
Images of products in advertising, brochures, online shop, etc. are for illustration purposes and are not binding.
All sales prices published in the online shop are net prices (excluding VAT). Any prepaid recycling fees (vRG), costs for packaging/s, delivery costs and all other possible charges, fees or costs for orders below the minimum order value will be invoiced separately. Funnyfooding AG and the dealers reserve the right to change the prices of the products and services offered at any time. The price in the online shop at the time of the order is decisive for the conclusion of the purchase contract.
Additional services ordered from Funnyfooding AG that are subject to a charge, such as assembly, disposal, warranty extensions, insurance, etc., are offered by Funnyfooding AG. Such additional services are listed separately in the shopping basket and on the invoice.
2.2 Availability and delivery time
Funnyfooding AG attaches great importance to providing up-to-date and accurate information on availability and delivery times in the online shop. However, due to production or delivery bottlenecks in particular, both Funnyfooding AG itself and dealers may experience delays in delivery. All information on availability and delivery times is therefore without guarantee and may change at any time.
2.3 Additional services: Assembly and disposal
Assembly includes unpacking and assembling the ordered products incl. taking back the packaging material.
Disposal includes the receipt and environmentally sound disposal of the items indicated by the clientele when placing the order. These must correspond approximately in type and quantity to the ordered product. The items to be disposed of must be made available by the customer in a manner suitable for transport and on the agreed delivery date of the ordered products.
If the installation service cannot be provided due to a reason for which the customer is responsible (e.g. due to non-compliance with the installation date, incorrect measurement information, etc.), the customer shall not be entitled to a refund of the paid installation service.
3 Conclusion of contract
The products and prices in the online shop are deemed to be an offer. However, this offer is always subject to the condition that dissolves the contract if delivery is not possible or the price is incorrect.
The purchase contract for products or services of Funnyfooding AG is concluded as soon as the customer places his or her order in the online shop, by telephone or by e-mail (hereinafter referred to as "Purchase contract").
For products and services offered by a trader, the contract is concluded directly between the trader and the customer at the time of the order in the online shop, in one of the branches, by telephone or e-mail. Funnyfooding AG merely mediates these purchases. In this case, Funnyfooding AG always acts only as an intermediary and service provider for the merchant, but does not itself become the contractual partner of the customer.
Customers can see in the online shop and on the invoice who the supplier is and who the contracting party is in the case of a purchase (i.e. Funnyfooding AG or a dealer).
The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation from Funnyfooding AG to the e-mail address provided by the customer. Receipt of the automatically generated order confirmation does not constitute a promise that the product can actually be delivered. It merely indicates to the customer that the order placed has been received by the online shop and that the contract with Funnyfooding AG or the retailer has therefore been concluded, subject to the condition that delivery is possible and the price is correct.
4 Delivery date
The customer will be informed of a provisional delivery date with the order confirmation or the customer will be contacted and an individual delivery date will be agreed.
If Funnyfooding AG or the dealer is in default of delivery, the customer (except in the case of special orders) has the right to withdraw from the contract from the 40th calendar day after the originally announced delivery date. In this case, Funnyfooding AG will refund to the customer any amounts already paid in advance. There shall be no further claims against Funnyfooding AG or the dealer.
5 Delivery / Collection
For products and services of Funnyfooding AG, the customer has all delivery and collection options available, which are noted in the online shop under "Delivery and collection".
Products and services that customers purchase from a merchant can only be delivered to customers by mail order.
The customer's delivery address must be in Switzerland or Liechtenstein and easily accessible by truck. If this is not the case, the customer shall bear any additional costs.
If the customer chooses the delivery option "Delivery to the place of use", the customer is responsible for ensuring that access to the place of use is possible and guaranteed. The customer must check whether the product fits through the access points (e.g. staircase, doors, etc.). If the product cannot be transported to the place of use, the customer shall bear any additional costs for this.
If the customer does not accept the ordered products on the agreed or indicated delivery date, Funnyfooding AG or the dealer may dissolve (cancel) the contract and charge the customer for the delivery costs incurred and any loss in value.
If the customer does not collect the ordered products from the Funnyfooding AG warehouse within 14 calendar days of them being ready for collection, Funnyfooding AG may dissolve (cancel) the contract.
6 Duty to test
The customer must immediately check delivered or collected products for correctness, completeness and delivery damage.
In the case of freight forwarding deliveries, any delivery damage must be noted on the delivery note.
Delivery damage, incorrect and incomplete deliveries must be reported to Funnyfooding AG within 5 calendar days from the time of collection or delivery, including for all products and services of a dealer. The customer is aware that such a report must be made by e-mail. The customer may not put such a product into operation. They must keep it in its original packaging as received and follow the instructions of the return process under "Return and guarantee" in their personal customer account.
7.1 Basic provisions
Funnyfooding AG or the dealer shall, depending on the product, guarantee that the ordered product is free of defects and functional for 1 or 2 years after delivery or collection. The warranty period continues irrespective of the provision of any warranty services. Funnyfooding AG or the dealer can choose to extend the guarantee by
Wear and tear and consumable parts such as, in particular, disposable items, batteries, rechargeable batteries, mains cables, adapters, illuminants are excluded from the warranty by both Funnyfooding AG and the dealer. In all other respects, the exclusions of liability pursuant to section 8 apply.
If the manufacturer's warranty exceeds the warranty of Funnyfooding AG or the dealer, Funnyfooding AG or the dealer shall also grant this to the customer.
Both Funnyfooding AG and the dealer can provide the customer with a replacement device / exchange device at their own discretion while the warranty claim is being examined (exchange subject to reservation). This is subject to the (suspensive) condition that a warranty claim actually exists. Thus, the customer only acquires ownership of the replacement product at the time of the guarantee promise by Funnyfooding AG or the dealer. If a warranty claim is rejected by Funnyfooding AG or the dealer, the customer can purchase the replacement device at the value of the goods at the time of handover, or he is obliged to return the replacement device at his own expense.
All further and in particular the statutory provisions on warranty are excluded.
7.2 Additional provisions for used goods
Other conditions apply to the already discounted products which are marked in the online shop as "demonstration product", "reconditioned", "test device", "repair" or "exhibition product". They may have slight optical defects or be reconditioned products. These optical defects are excluded from the guarantee and are mentioned in the item details.
For the rest, the following applies to these products Warranty period of one year after delivery or store pick-up. Customers are aware that they are buying a product that has already been used.
7.3 Warranty extension
The customer has the option of purchasing a warranty extension for a further 12 months. The warranty extension is a time extension of the previous warranty. The warranty extension can be concluded directly during the purchase of the product.
The duration of the warranty extension continues irrespective of the provision of any warranty services. Funnyfooding AG can extend the warranty by either
8 Liability and exclusion of liability
Liability is governed by the applicable statutory provisions. However, Funnyfooding AG or the dealer shall in no case be liable for (i) slight negligence, (ii) indirect and consequential damage and loss of profit, (iii) unrealised savings, (iv) damage resulting from delayed delivery and (v) any acts and omissions of auxiliary persons of Funnyfooding AG or auxiliary persons of a dealer, whether contractual or non-contractual.
Funnyfooding AG or the dealer are not liable for any damage that can be attributed to one of the following causes:
9.1 Payment variants
All payment claims for products and services purchased via the Funnyfooding AG online shops shall be asserted by Funnyfooding AG directly against the customer. On conclusion of the purchase contract, the merchant assigns to Funnyfooding AG the entire payment claim arising within the framework of the purchase contract between him and the customer (assignment). The customer acknowledges this assignment and is obliged to make all payments exclusively to Funnyfooding AG.
Payments must be made in Swiss francs.
Cash payment is only possible for Funnyfooding AG products in the event of collection from the warehouse. For products and services of a dealer, collection and therefore also cash payment is excluded.
The customer can choose from the payment options offered in the online shop under "Payment options".
The current payment method charges, which may be levied by Funnyfooding AG, can be seen under "Payment options" and are shown in detail in the order process.
When paying by credit card or other instant payment methods, the charge is made when the order is placed.
In the case of payment in advance, delivery will only take place after receipt of payment. The products in the central warehouse of Funnyfooding AG are reserved until expiry of the payment period of at least 40 calendar days. This also applies to products that are first ordered externally but processed and shipped via our warehouse. In the case of products which are delivered directly to our customers by a dealer or an external distributor, the external order is only placed after receipt of payment.
In the case of chargeable purchase on account (only permitted for products and goods of Funnyfooding AG), the customer is obliged to pay the invoice amount within 10 calendar days of receipt of the delivery without any (discount) deduction. In the event of a partial return of the delivered products, the invoice amount may be reduced accordingly.
9.2 Default of payment
If the customer fails to meet its payment obligations in whole or in part, all outstanding amounts owed by the customer to Funnyfooding AG under any title shall become due immediately (in the case of advance payment within 8 calendar days of the 1st reminder) and Funnyfooding AG may demand these immediately and cease further deliveries of products to the customer.
Funnyfooding AG will charge a handling fee of CHF 10 for the 2nd reminder and CHF 50 for the 3rd reminder. In the case of unsuccessful reminders, the invoice amounts can be assigned to a company commissioned with the collection. In this case, an additional annual percentage rate of up to 15% may be charged on the invoice amount owed from the due date. The company entrusted with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.
9.3 Retention of title
Ordered products remain the property of Funnyfooding AG or the dealer until full payment has been made to Funnyfooding AG. Funnyfooding AG or the dealer is entitled to make a corresponding entry in the retention of title register. Before transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of Funnyfooding AG.
10 Change of order or cancellation
Orders oblige the customer to accept the products and services. Funnyfooding AG or the dealer may accept subsequent changes or cancellations of orders by the customer at their own discretion and charge a handling fee of 30% of the cancelled order value, but at least CHF 80, as well as any loss in value of the cancelled products since they were ordered.
If a (partial) delivery impossibility (resolutory condition) occurs after an order or the conclusion of a contract in accordance with section 3, the customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If payment has not yet been made, the customer shall be released from the obligation to pay. Further claims due to delay in delivery or failure to deliver are excluded.
11 Return of goods free of defects
Under the conditions listed in the return policy, Funnyfooding AG grants the right to return the ordered products within a maximum of 10 calendar days, in the case of products from dealers within a maximum of 12 calendar days from their dispatch or collection.
The customer must register the return of the products via the personal customer account or under the heading "Return and guarantee" by e-mail and return them in accordance with the instructions described there. The products must be properly packed with all accessories in the original packaging. Damaged products will not be taken back or will be charged to the customer in full.
If the customer exercises his right to return the goods, Funnyfooding AG will refund the entire purchase price minus any shortage surcharge paid and the return costs listed in the return guidelines.
12 Repair outside the warranty
The costs for a repair outside the warranty pursuant to clause 7 shall be borne by the customer. In the case of devices that do not have any detectable defects or where the defect does not fall under the warranty pursuant to clause 7, Funnyfooding AG or the dealer reserve the right to charge the customer for the costs of examining the claimed defect as well as the shipping costs.
13 Delivery and return via central warehouse
13.1 Delivery to a central warehouse - location
It is possible to return Funnyfooding AG orders to the central warehouse.
14.1 Activity in our communities
By publishing comments and contributions in our community, the author confirms that he/she agrees to the community conditions of Funnyfooding AG.
15 Further provisions
15.1 Data protection
15.2 Division invalidity
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and these GTC as a whole.
15.3 Place of jurisdiction and applicable law
All legal relationships between Funnyfooding AG or a dealer and the customer are subject to Swiss substantive law. The Vienna Sales Convention is not applicable.
The following exclusive jurisdictions shall apply:
For all claims arising from purchase contracts in which Funnyfooding AG is a contracting party:
For actions brought by consumers, their place of residence or Lucerne shall be the place of jurisdiction. In all other cases, Lucerne shall be the exclusive place of jurisdiction.
For all claims arising from sales contracts in which a trader domiciled in Switzerland is a contracting party:
For actions brought by consumers, their place of residence or the registered office of the trader shall be the place of jurisdiction. In all other cases, the registered office of the trader shall be the exclusive place of jurisdiction.
15.4 Copyright notice
All rights, namely copyrights, to these GTC are held by Funnyfooding AG.
Any reproduction, distribution or other use is prohibited and only permitted with the express written consent of Funnyfooding AG. Funnyfooding AG reserves the right to take all legal steps in the event of a breach of this requirement.
Status as of 28.07.2020