GENERAL TERMS AND CONDITIONS

1. SCOPE OF APPLICATION

These terms and conditions apply in the time the contract was amended for all business relations between Farmy (hereinafter we or us) and their customers (you).

These terms are deemed to have been accepted when ordering goods or services. Differing conditions require written confirmation from us.

2. COMPATIBILITY

The presentation of products in the online shop is not a legally-binding resolution, but merely represents a non-binding online catalog. Just putting products in the “basket” is not considered a binding order. A binding order for the products contained in the basket is only completed and valid when clicking the “Order” button on the order page. We will then send you an immediate contract confirmation via e-mail, with the receipt of the contract. The acceptance is subject to the legality and the availability of the ordered goods or services. Temporarily not deliverable products will have to be reordered by you. The availability display in the online store serves as information, not as a delivery confirmation, it may be inaccurate in exceptional cases. Price fluctuations in products are possible due to harvest or currency fluctuations. Decisive is the contract price specified at the time.

3. DELIVERY AND SHIPPING COSTS

We will deliver the ordered goods to the address specified in the order as soon as possible. In exceptional cases, certain products may not be available, but may be replaced by another producer who can supply the same product in the same quality (same certificate). In this case you will be informed about the substitute via e-mail. If you do not agree to the exchange, it is sufficient to simply send us an email (service@farmy.ch) or notify us by phone regarding the substitute and we will remove this product from your cart. We are entitled to make partial deliveries and services at any given time, provided that they are reasonable. If partial deliveries are carried out by us, we do assume the additional postage. If you should not be home at the time of delivery, we do have your permission to place the goods in front of the door, respectively to execute your note regarding the placement of your order, which you can leave when submitting the order. Our frozen products are delivered in cooling bags with dry ice, so that they remain frozen when they reach you. For this we charge a dry ice flat rate of CHF 5. Caution is required upon receipt of dry ice products! ‘Use gloves! Dry ice = -78°C! Direct contact with unprotected skin can result in serious frostbite. Dry ice is not to be toyed with and should be kept away from children!’

Minimum order value: CHF 50

A. Cantons of Zurich, Zug and Aargau:
Orders from CHF 50 to CHF 120:

Morning

9-11h and 10-12h: CHF 11.90

9-13h: CHF 9.90

Evening

17-19h and 18-20h: CHF 11.90

17-21h: CHF 9.90

Variable

9-21h: CHF 4.90

Orders over CHF 120:

Morning

9-11h and 10-12h: CHF 11.90

9-13h: free!

Evening

17-19h and 18-20h: 4.90

17-21h: free!

Variable

9-21h: free!

B. Canton of Geneva and city of Lausanne:

Orders from CHF 50 to CHF 120:

Morning

9h30-12h : 11,90 CHF

Evening

16h-18h, 18h-20h et 20h-22h : 11,90 CHF

16h-20h et 18h-22h: 9,90 CHF

Variable

9h30-22h :4,90 CHF

Orders over CHF 120:

Morning

9h30-12h : 4,90 CHF

Evening

16h-18h, 18h-20h et 20h-22h : 4,90 CHF

16h-20h et 18h-22h: free!

Variable

9h30-22h : free!

C. Canton of Vaud* (except Lausanne):
*depending on Zip Code

Orders from CHF 50 to CHF 120:

Morning

9h30-12h : 11,90 CHF

Evening

16h-20h et 18h-22h: 9,90 CHF

Variable

9h30-22h : 4,90 CHF

Orders over CHF 120:

Morning

9h30-12h : 4,90 CHF

Evening

16h-20h et 18h-22h: free!

Variable

9h30-22h : free!

D. All other cantons:
Orders from CHF 50 to CHF 120: CHF 14.90
Orders from CHF 121 to CHF 200: CHF 9.90
Orders over CHF 200: free!

The stated price applies for all deliveries incl. the applicable VAT.

Pick-up Points: Orders are kept there for up to 24 hours. Uncollected orders must be paid.

4. RETENTION OF TITLE, CANCELLATION OF THE CONTRACT

We reserve title to the goods until full payment of the purchase price. In case of behavior contrary to the contract, especially if you fail to meet your payment obligations in spite of a reminder from us, we reserve the right to withdraw from the contract and demand the return of the merchandise held by you within a reasonable given deadline. In this case we are entitled to recycle the returned goods upon their receipt. We reserve the right to decline a contract after a negative result of a credit check.

5. MATURITY AND PAYMENT

We only accept the methods of payment that were indicated in the framework of the ordering process. The purchase price and any applicable shipping costs are due upon conclusion of the contract.

Unless otherwise agreed, invoices are payable within 20 days. We may request a prepayment without stating reasons. The order will be processed after receipt of the payment. Our partner Byjuno manages the billing process for us. If you chose payment on bill the terms and conditions of Byjuno are applicable: Byjuno

Reimbursements and deposits are automatically refunded to the Farmy credit account, unless otherwise requested by the customer.

Vouchers can be redeemed only on the terms indicated on the voucher. It is not permissible to sell coupons or coupon codes without prior written consent from us. When paying with a voucher, any possible remaining balance is credited to the account and automatically credited with the next order. The accumulation of actions, coupons and discount codes is not possible.

6. WARRANTY AND LIABILITY

If the goods are deficient at the time of transfer of risk, e.g. manufacturer error, or there is a wrong delivery, we will provide a replacement delivery if possible. In case of failure of the replacement, you can request the cancellation of the purchase.

Our liability for own negligence and that of our employees, legal representatives and agents is limited to intent.

In the rarest cases where a product A is not available from a producer A in quality A, we allow us to buy the product A from a producer B in the quality A so that you receive a complete order.

7. ADDRESSES

Anbieter und Vertragspartner der Angebote dieser Webseiten:
Suppliers and contractors of the offers on these sites:
Farmy AG Buckhauserstrasse 28 8048 Zurich

Address to send returns to:
Farmy AG Buckhauserstrasse 28 8048 Zurich

8. DATA PROTECTION

We will use the data you have provided solely to complete and process your order. Your data is transferred to the delivering shipping company, provided it is necessary for delivery of the goods. For the settlement of payments your payment data is transmitted to our bank. A transfer of your data to other third parties or the use for advertising purposes does not take place. Upon completion of the contract and full payment your data will be blocked from further use and deleted after the statutory retention period. Using technical and organisational measures, we secure our website and other systems against loss, destruction, access, modification or processing of your data by unauthorised persons. Despite regular checks, complete protection against all dangers is not possible. According to the Federal Data Protection Act (DSG) you have a right to free information about your stored data (article 8 DSG) and a right of correction (article 5, para. 2 DSG). Requests for information may also be sent in electronic form to the competent office. For questions regarding the procurement and processing of your personal data and for information and correction requests, please contact us through: Tobias Schubert

You can visit our website without disclosing any personal information. We only store data without reference to individuals - for example, the name of your Internet Service Provider, the site from which you have visited us, or the name of the file requested. This data is exclusively used to improve and evaluate our offer and is not traceable to you. Personal data is only collected if provided voluntarily in the context of ordering, when opening an account or registering for our newsletter. We use the data you provide without your express permission solely to fulfill and process your contact inquiry. On completion of the contract and full payment, your data will be blocked from further use and deleted after the retention periods established by tax and commercial law, unless you have expressly consented to the further use of your data. When registering for our newsletter, your email address will be used for promotional purposes until you unsubscribe from the newsletter. You can unsubscribe at any time.

According to the Federal Act on Data Protection (DSG) you have a right to free Information about your stored data (Art. 8 DSG) and a right to rectification (art. 5 para. 2 DSG). In addition, you may request your data to be deleted or blocked, insofar as it is no longer needed for contract execution. Information, blocking or deletion requests may also be sent electronically to the appropriate authority. For questions regarding the procurement and processing of your personal data and for information and correction requests, please contact: Tobias Schubert, Farmy AG, Buckhauserstrasse 28, 8048 Zurich, service@farmy.ch

A possibly given consent to the memory of non-finalized orders can be revoked for the future.

e-Mail-Marketing

If you sign up for our newsletter, we will use the information you have provide to send you the newsletter. This agreement can be revoked at any time in the future by unsubscribing from the newsletter. Storage of client data In the event of a provided agreement for the storage of your customer data, this can be revoked at any time with future effect.

Cookies

We use cookies on several website pages to make our website attractive and to enable the use of certain functions. These are small text files that are stored on your computer. Most of the cookies we use are deleted from your hard drive at the end of the browser session (so-called session cookies). Other cookies remain on your computer and allow us to recognize you on your next visit (so-called permanent cookies). Our partner companies are not permitted to procure or edit personal data through our website using these cookies. You may refuse the use of cookies in your browser toolbar by going into the menu “Tools> Internet Options> Privacy” (Internet Explorer) or “Settings> Privacy” (Firefox) to limit or turn off cookies. Please note that you can not use certain features of our website without cookies. Disclosure of personal data to third parties Your information will be posted to our delivery company, to the extent necessary to deliver the goods. For settlement of payment we forward your payment data to our bank. This will process your data only to the extent to which we are permitted to process it ourselves. Furthermore, your personal information will not be disclosed to third parties.

Website data analysis using Google Analytics

This website uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer to help analyse your use of the website. The information gathered by the cookie about your use of this website is generally transmitted to and stored in a Google server in the USA. If IP anonymization is activated on this website, however, your IP address will be stored by Google in shortened form within Member States of the European Union or in other States that are contracting parties to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, compile reports on website activity and provide the website operator with other services related to website usage and internet activity. Google will not link the IP address transferred by your browser as part of Google Analytics with any other data held by Google. You can prevent the storage of these cookies by selecting the appropriate settings in your browser software. However, please be advised that by doing so, you may be unable to use some features of this website. You can also prevent the data generated by the cookie about your use of the website (including your IP address) from being sent to and processed by Google by downloading the browser plugin available at the following link and installing it: http://tools.google.com/dlpage/gaoptout?hl=de

Credit assessments and scoring

Credit checks and scoring Unless we have paid in advance, for example when making a purchase on account, we get to preserve our legitimate interests and if appropriate obtain credit information based on mathematical statistical methods from a bureau [optional: name of the bureau]. In order to effectuate this, we transmit the personal data required for a credit rating check to a relevant agency and we use the feedback information on the statistical probability of default to reach a balanced decision on the conclusion, execution or termination of the contract. The credit report can include probability values (scores), which are calculated on the basis of scientifically recognised mathematical and statistical methods. Other address information may also be taken into consideration in the calculations. Your legitimate interests will be taken into account in accordance with the legal requirements. If we have paid in advance, for example in the case of a purchase on account, in order to safeguard our legitimate interests, we might obtain a credit rating report from a relevant agency, drawn up using mathematical and statistical methods. In order to effectuate this, we transmit the personal data required for a credit rating check to a relevant agency and we use the feedback information on the statistical probability of default to reach a balanced decision on the conclusion, execution or termination of the contract. Upon request, we shall be more than happy to inform the customer as to which agencies we use for this purpose.

Facebook Social Plugins

On our site, so-called Social Plugins (“Plugins”) of the social network Facebook are used, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The plugins are marked with a Facebook logo or the words “social plug-in from Facebook” or “Facebook Social Plugin”. You can find an overview of Facebook plugins and their appearance here: http://developers.facebook.com/plugins When you visit a page of our website that contains a social plugin, your browser makes a direct link to the Facebook servers. The content of the plugin is transferred from Facebook directly to your browser, which then embeds it into the page. Through the integrated plugin, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook account or are not currently logged in to Facebook. This information (including your IP address) is transmitted from your browser directly to a Facebook server in the USA and stored there. If you are logged into Facebook, Facebook can directly link your visit to our site to your Facebook profile. If you interact with the plugins, for example press the “Like” button or make a comment, this information is also transmitted directly to a Facebook server and stored there. The information is also posted on your Facebook profile and displayed to your Facebook friends. To see the purpose and scope of data collection and the further processing and use of data by Facebook, and your rights and settings options to protect your privacy, please refer to the privacy policies of Facebook: http://www.facebook.com/policy.php If you do not want Facebook to directly associate the information gathered through our website with your Facebook account, you must log out of Facebook before visiting our website. You can also completely prevent the loading of the Facebook plug-ins by applying add-ons to your browser, for example “Facebook Blocker” (http://webgraph.com/resources/facebookblocker/).

Twitter plugins (e.g. “Tweet” button)

Our website uses so called social plugins from the Twitter micro-blogging service, which is operated by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA (“Twitter”). The plugins are marked with a Twitter logo, for example, in the form of a blue “Twitter bird”. You can find an overview of the Twitter plugins and their appearance here: https://twitter.com/about/resources/buttons When you visit a page of our website that contains a social plugin, your browser makes a direct connection to the servers of Twitter. The content of the plugin is transferred from Twitter directly to your browser, which then embeds it into the page. By means of this integration Twitter receives the information that your browser has accessed the corresponding page of our website, even if you do not have a profile on Twitter or are currently not logged in to Twitter. This information (including your IP address) is transmitted by your browser directly to a Twitter server in the USA and stored there. If you are logged in to Twitter, Twitter can link your visit to our site to your Twitter account directly. If you interact with the plugins, for example by pressing the “Tweet” button, the corresponding information is also transmitted directly to a Twitter server and stored there. The information is also published on your Twitter account and displayed to your contacts there. To see the purpose and scope of data collection and the further processing and use of data by Twitter, and your rights and settings options to protect your privacy, please refer to the privacy policies of Twitter: https://twitter.com/privacy If you do not want the data Twitter collected on our web directly assigned to your Twitter account, you must log out before you visit our website at Twitter. You can completely block the loading of plugins with add-ons for your browser, e.g. the script blocker “NoScript” (http://noscript.net/).

9. CUSTOMERS REVIEWS

When you review a product offered by us, you grant us the exclusive and unlimited license for further use. We do not reserve the right to display a customer review shortened, modified or omitting parts even for a limited period.

Customer evaluations reflect the opinion of the customer and do not necessarily reflect our opinion.

10. ALCOHOLIC BEVERAGES

Alcoholic beverages are not sold to customers under the age of 18. The customer has to confirm accordingly that he is 18 years or older during the ordering process. If this minimum age is not reached, the customer’s offer is not accepted and the contract will not be issued. The customer is obliged to provide truthful information about himself. Farmy reserves the right to request an ID card copy by fax or similar documents for the determination of the age, without giving reasons. If your order includes goods whose sale is subject to age restrictions, we ensure that the customer has reached the minimum age requirement through the use of a reliable method involving a personal identity and age verification. The delivery person shall hand over the goods personally and only after age verification of the purchaser.

11. RIGHT OF CANCELLATION

11.1 Consumers have the right to revoke the contract within 48 hours of receipt of goods. The revocation is to be sent in writing by e-mail to service@farmy.ch.

11.2 Cancellation of subscriptions and other orders: If a customer has set up a subscription, it must be canceled 5 days before the next delivery. Cancellation requests received less than 5 days before the next delivery date unfortunately cannot be accepted.

12. HOFPASS

12.1 PURCHASE OF FARMY HOFPASS MEMBERSHIP 12.1.1 You must have an Farmy account to sign up for and use the Hofpass. We reserve the right to accept or refuse membership at our discretion. Your contract for your Hofpass will begin once you receive email confirmation of your Hofpass membership. You may not transfer or assign your membership or the benefits of such membership. 12.1.3 You accept and acknowledge that the purchase of a Hofpass entitles Farmy customers to benefits and discounts when you make further purchases at Farmy.

12.2 MEMBERSHIP FEE, CANCELLATION AND RENEWAL 12.2.1 The Hofpass membership fee will be the fee displayed on the Farmy website at the time you purchase your Hofpass membership or when your membership is renewed. This fee is non-refundable. 12.2.2 If you wish to cancel your Hofpass at any other time please call our call centre on 043 300 86 60. 12.2.3 Your Hofpass membership will be automatically renewed monthly, or for 6 or 12 months at the end of your minimum term (depending on the type of membership you have purchased). We will contact you by email to remind you of this 28 days prior to the relevant renewal date (except for 1 month Hofpasses, which are automatically renewed without any further reminder). Unless you notify us before renewal that you wish to cancel your membership or do not want to automatically renew, you understand that your membership will automatically renew and you authorise us to collect the then-applicable membership fee from the payment card we have on record for you. Your initial sign up to purchase an Farmy Hofpass is an authorisation for us to use this payment card. 12.2.4 If, before renewal, you decide to cancel your Hofpass membership or you do not want to automatically renew, please call our call centre on 043 300 86 60. 12.2.5 Farmy reserves the right to change the membership fee for future renewals or memberships from time to time. Hofpass memberships fee changes will not take effect until the end of the relevant minimum term and we will contact you by email giving you 28 days notice of any change in fees before they go into effect. Your continued membership in any of the Hofpass membership schemes after we change the membership fees constitutes your acceptance of these changes and the payment card we have on record for you will be used to collect the new membership fee. If you do not agree to any fee changes, then you must cancel your membership by calling our call centre on 043 300 86 60. 12.2.6 Your Hofpass membership begins on the day that Farmy confirms that your membership has been activated, and expires on the day before the date you originally purchased your Hofpass membership unless such a date does not exist. If this is the case, then the renewal date will become the previous calendar day. For example, if your Hofpass membership is due to be renewed on the 31st day of a month, there will be some instances when it will be renewed on the 30th day of a month.

12.3 MEMBERSHIP BENEFITS 12.3.1 For payment of your membership fee, an Farmy Hofpass membership entitles you to: 12.3.2 Deliveries without further charge 12.3.2.1 Your Hofpass membership does not guarantee a delivery slot; it means that if a delivery slot is found on the Farmy slot booking page, there will be no additional delivery charge for that slot. 12.3.2.2 The Hofpass only applies to the type of deliveries that Farmy offers at the time you sign up to membership.

12.4 OTHER INFORMATION 12.4.1 Your Farmy Hofpass membership does not: 12.4.1.1 commit you to buying a set amount of products from us or receive a certain amount of deliveries; 12.4.1.2 restrict the amount of products you may purchase. 12.4.1.3 guarantee that the products will be in stock. 12.4.2. Hofpass membership is covered by a fair usage policy as set out below: 12.4.2.1. it may only be used by the named account holder and is not transferable. 12.4.3 We will issue Hofpass members with regular emails providing information about the Hofpass and your use of it, which you consent to receive by accepting these Terms & Conditions when you sign up for membership of the Hofpass. 12.4.4 We reserve the right to change or withdraw your Hofpass membership benefits (or any element of them) at any time. For those memberships with a minimum term, such changes will not take effect until the end of the relevant minimum term and we will contact you by email giving you 28 days notice of any such changes. In the case of memberships with no minimum term, Farmy will contact you by email giving you 28 days notice of any change to your membership benefits before they go into effect. 12.4.5 If you feel that a change in your Farmy Hofpass benefits is to your disadvantage, then please contact our call centre on 043 300 86 60. Otherwise, your continued membership after we notify you shall constitute your acceptance of these changes and you acknowledge that your right to these benefits will cease at the end of the notice period. Farmy will not be liable for any losses resulting from any changes to, or termination or withdrawal of, any Farmy Hofpass benefits. 12.4.6 All orders that make use of your Farmy Hofpass must meet all Farmy’s Terms & Conditions of Purchase, including any minimum purchase order requirements after the relevant Hofpass discounts have been deducted. 12.4.7 You must notify us if you move home so that we can ensure that deliveries are made to the correct address.

12.5 TERMINATION 12.5.1 Farmy reserves the right to monitor usage of the Hofpass service and to terminate such membership (upon notice) if it believes, in its sole discretion, that: • the membership is being used in breach of the fair usage policy; • if a customer is in breach of any other of the Terms & Conditions relating to the Hofpass or the Farmy Terms & Conditions of Purchase; or • a Hofpass member has engaged in conduct that involves fraud or misuse of a Hofpass membership or is harmful to our interests. In the case of such termination by Farmy, no refund will be given. 12.5.2 If orders are not paid for in full or a customer’s bank declines payment on a customer’s bankcard and as a result money is owing to Farmy, then Farmy reserves the right to suspend the customer’s ability to place further orders on the Farmy website until such time as the outstanding balance has been paid in full. In this event, the Hofpass member will forfeit the use of their membership for the period of the suspension and shall not be entitled to receive a refund of the membership fee or an extension to the duration of their membership. 12.5.3 You understand that if the payment card we have on record for you is unavailable (in that we cannot successfully charge the applicable renewal fee), or if we don’t have any stored payment card details for you, then your membership shall be automatically suspended. Your membership shall not become active again until you change or update your payment card details to a card that can successfully be charged the applicable renewal fee. If your membership is suspended and you are a member of a monthly Hofpass membership scheme, then your monthly renewal dates over the minimum term and beyond, as applicable, will remain the same when your membership becomes active again. All subsequent orders placed following any such suspensions will be subject to Farmy’s delivery charges applicable at that time. 12.5.4 Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights. 12.5.5 Farmy reserves the right to make improvements or changes to these Terms & Conditions at any time (including without limitation the correction of errors, omissions, inaccuracies or ambiguities and to meet legal or regulatory requirements). If we make any material changes then we will contact you by email giving you 28 days notice of any such changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

13. CONCLUDING PROVISIONS

The provisions of the Swiss Code of Obligations apply. Zurich is the exclusive jurisdiction for all disputes arising from a contract with Farmy. We reserve the right to amend these terms and conditions at any time. The relevant legally binding version of the GTC is available on www.farmy.ch.