1. Applicability and scope

The following general terms and conditions (hereinafter referred to as “GTC”) apply to all business relationships between Fendo.ch (hereinafter referred to as “Sample AG”, “us” or “we”) and the customer (hereinafter referred to as “Sample AG”). “Customer”, “Buyer” or “You”) for products (hereinafter referred to as “Products” or “Goods”) purchased via our website fendo.ch (hereinafter referred to as “Online Shop”). or “website”).

The online shop is operated by:

Fendo.ch GmbH

Brandstrasse 7

8952 Schlieren, Zurich

CHE-223.843.884

[email protected]

+41 44 999 53 53

Individual agreements made with the customer take precedence over these general terms and conditions. Any conflicting conditions of the customer will not be recognized.

Fendo.ch reserves the right to change these general terms and conditions at any time. All changes will become effective upon publication of the new Terms and Conditions on the website. When purchasing a product, the date on which the binding order was placed with us is decisive for the validity of the applicable general terms and conditions.

Please read these Terms and Conditions carefully before placing a binding order. By placing a binding order for our products, you agree to the following conditions and our data protection declaration and declare that you are authorized to conclude legally binding contracts and are at least 18 years old.

2. Conclusion of a purchase contract

The presentation of the products in the online shop does not constitute a legally binding offer, but rather merely a non-binding online catalog or a non-binding invitation to the customer to order the product in the online shop. Fendo.ch expressly reserves the right to change the products themselves and the content, such as images, range, prices and descriptions of our products, at any time and without prior notice. Illustrations, images, brochures, advertising and other information about our products are for informational purposes only and are not binding for Fen-do.ch.

The customer can place a binding order for the products they have selected via our online shop. The customer can place the products they have selected in the “shopping cart”. This is not yet considered a binding order. An order is only considered binding when the customer clicks the “Order with payment” button on the order page at the end of the ordering process. Before sending the order, the customer has the opportunity to change and view the information at any time, to identify any input errors and, if necessary, to correct them before the order is finally submitted.

An order confirmation will be sent to the customer immediately and automatically by email. This confirmation email contains the details of your order and our general terms and conditions, which you accepted during the ordering process. The confirmation email only serves to inform you that we have received your order. The automatic order confirmation does not yet result in a purchase contract. By submitting the order, you confirm that you have read the terms and conditions and agree to them unconditionally. We recommend that you print out or save the Terms and Conditions on your computer for online ordering and documentation purposes.

After you have placed a binding order, Fendo.ch is free to either accept the order at its own discretion or to reject it by means of an appropriate notification by email, without assuming any liability to you or third parties. Any payment already made will be refunded if the order is canceled. Reasons for rejecting an order may include, for example, if a product is no longer available, we cannot obtain authorization for the customer’s payment or there is reason to believe that the customer has breached these Terms and Conditions, individual contracts or fraudulent activity or for other criminal offenses or for another important reason.

By accepting the order, a binding purchase contract is concluded with the customer. This acceptance occurs by shipping the ordered products.

Any commercial distribution or resale of our products is strictly prohibited.

3. Availability and reservation of performance for products that cannot be delivered

All information regarding the availability, shipping and delivery of a product is preliminary information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates. Liability for unavailable products or for delays in shipping or delivery is expressly excluded.

Our products are available while stocks last. If Fendo.ch discovers when processing your order that the products you ordered are not available, we will inform you immediately.

We also reserve the right to limit the number of items a customer may purchase. In this case, we will inform the customer about this via email.

4. Prices and shipping costs

Our products and prices are those stated on the website. All prices are in CHF (Swiss francs), US dollars and also in euros and include the statutory value added tax (VAT) of 7.7%. The total price of your order including all additional costs and shipping costs will be shown to you at the end of the ordering process. Additional customs fees may apply when shipping to countries outside of Switzerland. These are not included in the price and must be paid by the customer.

By placing a binding order, you declare that you agree to the total price for the ordered products. After a binding order, a price adjustment is no longer possible.

Fendo.ch reserves the right to change prices at any time. The products are calculated based on the prices offered at the time of the binding order.

5. Payment terms/credit check

Orders are generally due for payment immediately.

The customer has the option of paying using the payment methods displayed on the website or during the ordering process. These may change from time to time and depending on the country. In addition, we reserve the right not to offer certain payment methods in individual cases and to refer to other payment methods we use (e.g. to hedge our credit risk, only those that correspond to the respective creditworthiness). Fendo.ch is expressly authorized by the customer to carry out credit checks at its own discretion and, if necessary, to pass on customer data to third parties for this purpose.

By choosing the payment method, the customer authorizes the payment either by entering their credit card details or access data from a payment service provider. The customer authorizes Fendo.ch to accept or collect payments in an appropriate manner. If chargebacks occur, Fendo.ch is entitled to reimbursement of the associated costs and bank processing fees. In addition, Fendo.ch is not liable for any fees or other amounts charged to you by the card issuer or your bank in connection with the processing of your payment in accordance with your order.

If you pay by credit card or an alternative payment method, we reserve the right to check the validity of the card, check the pickup availability parameters and address details and request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and the payment details entered are correct. If payment is refused, Fendo.ch reserves the right to cancel the order and stop shipping the products. In this case we will contact you immediately.

When paying by invoice, the customer receives the invoice with a payment slip with delivery of the goods or by email. Payment must be made using a payment slip within the payment deadline stated on the invoice. If payment is not made on time, Fendo.ch is entitled to deduct its expenses of at least CHF 50 per reminder and other costs associated with debt collection as well as statutory default interest. If it is necessary to initiate debt collection proceedings, we will charge an additional processing fee of at least CHF 200.

6. Delivery conditions

Deliveries are generally made via the Swiss Post AG delivery service. For deliveries to Switzerland, the costs incurred must be paid by the buyer in advance. The following delivery services are used for deliveries to the EU: Swiss Post AG or couriers such as DHL, TNT. The desired delivery service can be defined during the ordering process. The costs incurred must be paid by the buyer in advance.

The products you order from our online store that are in stock will be shipped to you within 8 business days of receipt of full payment, depending on the destination. You can use the tracking number to track the current location of your order.

If the products are marked as out of stock when ordering, Fen-do.ch will endeavor to deliver the products as quickly as possible. Fendo.ch endeavors to adhere to the stated delivery times. However, Fendo.ch is not responsible for delivery delays, regardless of the reasons. We will inform you immediately about any delays in delivery.

If the impediment to performance lasts longer than 5 weeks after the original delivery date, the customer is entitled to withdraw from his order. Further claims, in particular claims for damages, are excluded.

If the delivery of the goods fails due to the customer’s fault despite two delivery attempts, Fendo.ch can withdraw from the contract. Any payments made will be refunded immediately.

7. Retention of title

Fendo.ch remains the owner of the delivered products until full payment has been made.

8. return exchange

Customers can exchange unworn, undamaged and untailored items within 14 days of delivery. The return of reduced items is excluded. Purchased items can either be exchanged directly in the store or returned by post. Purchased items can be returned within Switzerland. The costs of the return shipment must be borne by the customer.

In the event of a return, customers can choose between an exchange or a voucher to the value of the returned item. If the customer chooses one of the two options, they must indicate this on the relevant form and send the completed form to Fendo.

• Shipment of the exchange item within 3-5 working days after receipt of the returned item.
• Sending a Fendo voucher to the value of the returned item within 7-10 working days.

9. Notification of defects/warranty

Fendo.ch guarantees that the goods correspond to the guaranteed characteristics and have no defects that affect their value or suitability for the intended purpose.

After receiving the products, the customer must immediately check them for accuracy, completeness and any damage. Errors or damage must be reported to Fendo.ch within 3 working days. Defects that could not be discovered during proper inspection and only become apparent later must be reported in writing immediately after their discovery. If you fail to examine or report the defect immediately, the goods will be deemed approved and you will no longer have any claims against us.

The statutory warranty regulations apply in the event of manufacturing defects/material or production defects. The warranty period is 2 years from receipt of the product. Products damaged through the buyer’s own fault are excluded from the warranty.

The customer’s warranty claims are limited to replacement delivery or elimination of defects/repair to the exclusion of all other claims, in particular reduction or compensation for indirect damage and consequential damage. Fendo.ch decides at its own discretion whether to deliver a replacement or to correct the defect. If subsequent delivery or supplementary performance fails, the customer is entitled to withdraw from the contract if there are significant defects.

To report a complaint or service issue, please contact us at the following address with the order number, customer number, error description and other helpful information:

Fendo.ch, Brandstrasse 7 8952 Schlieren [email protected] +41 44 999 53 53

The defective product must be returned to the above Fendo.ch address with a copy of the invoice and a detailed description of the defect. The return of a product is at the customer’s expense and risk. Please have your return confirmed and keep this confirmation as in the event of a lost package your warranty claim cannot be processed.

10. Registering for an Account

When registering a customer account, you can view information about your completed, open and recently shipped orders as well as manage and save your address details, any payment details and any newsletters. Because your details are saved, you don’t have to enter them again if you make another purchase.

If you register for such an account, you are responsible for ensuring that your personal information required for registration is accurate and complete. If you register for such an account, you are responsible for ensuring that your personal information required for registration is accurate and complete. Fendo.ch assures you that your data will be treated confidentially and will not be passed on to unauthorized third parties. Further information on data protection can be found in our data protection declaration at fendo.ch/datenschutzerklaerung.

Registration is free. Each customer is only authorized to maintain one customer account. We reserve the right to delete individual applications and to warn, block or delete registered customers who violate these General Terms and Conditions or individual agreements or to change their content.

Fendo.ch is not obliged to accept the registration or order of a registered customer.

11. Complaints and Complaints

We attach great importance to customer satisfaction. You can reach us at any time using the contact details provided above. We aim to process your inquiries and complaints as quickly as possible and will contact you upon receipt of the documents or your submission or complaint. If you have any complaints or complaints, please help us by informing us of the exact problem or error signs and, if necessary, providing a copy of the order documents or at least the order number, customer number, etc. Our goal is to respond to you within 7 business days.

12. Data Protection

Fendo.ch only collects and processes personal data within the framework of legal provisions, in particular in compliance with applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our data protection declaration at https://fendo.chdatenschutzerklaerung, which forms an integral part of these General Terms and Conditions.

13. Copyright

The information and content published on the website is protected by copyright and is the property of Fendo.ch or the respective copyright holder. Reproduction, processing, distribution or any other form of exploitation requires the prior written consent of the respective rights holder. Fendo.ch and the corresponding rights holder expressly reserve all rights in this regard.

14. Severability clause

If any provision of these General Terms and Conditions is or becomes unlawful, invalid or unenforceable for any reason, this will not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision is deemed to be replaced by an effective provision that largely takes into account the economic purpose of the provision and the will of the parties at the time the contract was concluded. The same applies to any gaps in these terms and conditions.

15. Online dispute resolution

The European Commission has set up an online alternative dispute resolution platform for consumers residing in the EU, which provides an out-of-court procedure to resolve all disputes relating to and arising from online sales contracts. You can use this platform to resolve disputes arising from the online contract you have concluded with us. The platform is available at the following link: https://ec.europa.eu/consumers/odr.

16. Applicable Law and Place of Jurisdiction

Substantive Swiss law applies exclusively to these General Terms and Conditions, the contractual relationships based on them and any disputes, excluding the conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for natural persons is the registered office of Fendo.ch. For legal entities, the registered office of Fendo.ch is the exclusive place of jurisdiction.

These provisions only apply to the extent that mandatory provisions of the law of the country in which the consumer has his or her habitual residence do not take precedence over these General Terms and Conditions.