General Terms and Conditions (T&C) of FrillUp KLG

1.       Scope of application

The following General Terms and Conditions (T&C) apply to all orders placed via our website. The offer on this website is directed at consumers resident and delivery address in Europe, United States, Austrailia, New Zealand and Russia (hereinafter referred to as "Customer").

A consumer is a natural person who maintains business relations with FrillUp KLG, which can be assigned neither to their commercial nor their independent professional activity. Orders in non-household quantities can be rejected without justification.

FrillUp KLG reserves the right to change these terms and conditions at any time. In each case, the version of these terms and conditions valid at the time of the order is authoritative, which cannot be changed unilaterally for this order. Opposing or from these T&C deviating conditions of the clientele are not recognized.

The operator of this Internet presence is FrillUp KLG (https://www.frillup.ch/imprint).

2.       Information on this Website

FrillUp KLG contains information about products and services. Prices and assortment as well as technical changes are subject to change. All information on www.frillup.ch (product descriptions, pictures, colour, illustrations, films, dimensions, weights, technical specifications, accessory relations and other information) are for illustration purposes only and are to be understood as approximate values and are not binding. In particular, they do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. FrillUp KLG strives to provide all data and information on this website correctly, completely, up-to-date and clearly arranged, but FrillUp KLG can neither explicitly nor implicitly guarantee this.

All offers on this website are non-binding and are not to be understood as a binding offer.

FrillUp KLG cannot guarantee that the listed products are available at the time of the order. Therefore all information about availability and delivery times are without guarantee and can change at any time and without notice.

3.       Prices

The sales prices indicated on FrillUp KLG are final prices and include, if not otherwise noted, the legal value added tax and any other legal fees such as advance recycling fees (VRG) or copyright fees for electronic equipment. The prices are quoted net in Swiss Francs (CHF).

You should note that the Ordered Products are sent from Switzerland. Orders from outside of Switzerland may be subject to import taxes and/or VAT imposed by your country of residence. Such taxes and/or local VAT are not included in the prices set out in the Shop and paid by you.

Unless otherwise provided, any shipping costs will be charged additionally and are to be paid by the customer. Shipping costs are shown separately in the order process.

Technical changes, errors and misprints are reserved, in particular FrillUp KLG can make price changes at any time and without prior notice. No consulting and support services are included in the sales prices.

4.       Conclusion of Contract

The products and prices on this website are non-binding offers.

By placing an order via this website, including the acceptance of these terms and conditions, the customer submits a legally binding offer to conclude a contract. Thereupon FrillUp KLG sends an automatic confirmation of receipt of order by email, which confirms that the offer of the customer was received by FrillUp KLG. Placed orders are binding for the customer. Unless otherwise noted, there is no right of return or withdrawal.

The contract is concluded as soon as FrillUp KLG sends a declaration of acceptance by email, in which the dispatch of the ordered products or services is confirmed.

Orders will only be delivered after full payment has been received and if the goods are available. If it turns out that the ordered goods can not or not completely be delivered, FrillUp KLG is entitled to not or only partially accept or execute the order. In such a case FrillUp KLG will inform the customer by email. If the customer's payment has already been received by FrillUp KLG, the payment will be refunded to the customer. If no payment has been made yet, the customer is released from the payment obligation.

5.       Payment options and retention of Title

The customer has the payment options indicated in the order process at his disposal.

FrillUp KLG reserves the right to exclude customers from individual payment options without giving reasons or to insist on advance payment.

FrillUp KLG can charge default interest of 5% per year as well as a reminder fee of maximum CHF 20.00 per reminder if the customer is in default of payment.

The products delivered to the customer remain the property of FrillUp KLG until full payment is received.

6.       Delivery, obligation to check, notice of defects and return

Deliveries are sent by mail or courier service to the address indicated by the customer in the order.

If delivery without signature has been chosen, the customer is responsible for the delivered products, even if they have not been received directly by the customer. In the case of delivery against signature, the responsibility for the products is transferred upon receipt.

FrillUp KLG is trying to keep the delivery times as short as possible. Any delivery times stated in the order confirmation are not binding. FrillUp KLG is entitled to partial deliveries. In this case the shipping costs will be charged to the customer only once.

The dispatch of the invoice, as far as delivery against invoice is offered, takes place after choice of FrillUp KLG by email or by post.

If the delivery is not deliverable or if the customer refuses to accept the delivery, FrillUp KLG can dissolve the contract after a notification by email to the customer and under observance of an appropriate respite as well as charge the costs for the efforts.

The customer is obligated to check the delivered goods immediately after receipt of the delivery and to report any defects for which FrillUp KLG provides warranty immediately in writing by letter or email to the address in the imprint (https://www.frillup.ch/imprint).

Returns to FrillUp KLG are at the expense and risk of the customer.  

7.       Right of withdrawal

The customer is granted a right of withdrawal during 14 calendar days after receipt of the goods. The deadline is deemed to be met if the customer sends the written revocation by email or letter (address according to imprint, https://www.frillup.ch/imprint) within the deadline to FrillUp KLG. The revocation does not require a reason.

The exercise of the right of revocation leads to a reversal of the contract. The customer must return the goods within 10 calendar days in original packaging, complete with all accessories and together with the delivery bill to the return address given by FrillUp KLG in the imprint (https://www.frillup.ch/imprint). Returns to FrillUp KLG are at the expense and risk of the customer. Any payment already made will be refunded to the customer within 20 calendar days, if FrillUp KLG has already received the goods back or the customer can provide proof of dispatch.

FrillUp KLG reserves the right to demand appropriate compensation for damages, excessive wear or loss of value due to improper handling and to deduct the reduction in value from the already paid purchase price or to charge the customer.

In the following cases no right of withdrawal is granted:

(i)               If the contract has a random element, namely because the price is subject to fluctuations over which the Provider has no influence;

(ii)              If the contract involves a movable item which, due to its nature, is not suitable for return or can spoil quickly;

(iii)            If the subject of the contract is digital content and this content is not provided on a fixed data carrier or if the contract is to be fulfilled immediately and completely by both parties;

(iv)            If the contract concerns a service and the contract is to be completely fulfilled by the Provider with the prior express consent of the Customer before the withdrawal period has expired. 

(v)             In the areas of accommodation, transportation, delivery of food and beverages and leisure activities, if the Provider undertakes, upon conclusion of the contract, to provide the services at a specific time or within a precisely specified period of time.

8.       Warranty

FrillUp KLG strives to deliver goods in perfect quality. In the case of defects reported in time, FrillUp KLG guarantees that the goods purchased by the customer are free of defects and functional during the legal warranty period of usually two years from the date of delivery. It is at the discretion of FrillUp KLG to provide the warranty by free repair, equivalent replacement or refund of the purchase price. Further warranty rights are excluded.

Normal wear and tear as well as the consequences of improper handling or damage by the customer or third parties and defects caused by external circumstances are not covered by the warranty. Likewise, the warranty for consumables and wearing parts (e.g. batteries, accumulators, etc.) is excluded.

FrillUp KLG it is not possible to give assurances or guarantees for the topicality, completeness and correctness of the data as well as for the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and further contents. In particular, it is neither assured nor guaranteed that the use of the website does not violate the rights of third parties who are not in possession of FrillUp KLG.

9.       Liability

FrillUp KLG excludes any liability, regardless of its legal basis, as well as claims for damages against FrillUp KLG and against possible auxiliary persons and vicarious agents. FrillUp KLG is in particular not liable for indirect damages and consequential harm caused by a defect, loss of profit or other personal, material and pure financial damages of the customer. The right is reserved to a more extensive mandatory legal liability, for example for gross negligence or illegal intent.

FrillUp KLG uses hyperlinks only for the simplified access of the customer to other web offers. FrillUp KLG can neither know the contents of these web offers in detail nor assume liability or other responsibility for the contents of these web pages.

10.    Data protection

FrillUp KLG may process and use the data recorded in the context of the conclusion of the contract to fulfill the obligations arising from the purchase contract and may use it for marketing purposes. The data necessary for the fulfillment of services may also be passed on to commissioned service partners (logistics partners) or other third parties.

The data protection regulations are available in detail under the following link:( https://www.frillup.ch/privacy-policy).

11.    Partial invalidity

Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.

12.    Further provisions

FrillUp KLG expressly reserves the right to change these terms and conditions at any time and to put them into effect without notice.

In the event of disputes, only Swiss substantive law shall apply, excluding conflict of laws provisions. The UN Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded.

Place of jurisdiction is Brugg AG/seat of FrillUp KLG or the residence of the consumer for Swiss residents. For non-Swiss residents, it is Brugg AG, Switzerland.

13.    Contact

If you have any questions regarding these terms and conditions, please contact us: (https://www.frillup.ch/imprint).