General terms and conditions

PREAMBLE

Orders and shipping are carried out exclusively on the basis of the following terms and conditions. These terms and conditions come into force as soon as a person has concluded a contractual subscription and/or confirmed a purchase and is thus designated as a customer. This service applies to the Internet site (hereinafter referred to as the Internet site). The following general terms and conditions are thematically structured on the current page accessible to the customer as soon as the latter has confirmed an order and/or the registration of a subscription.

The General Terms and Conditions determine the rights and obligations of MyFeld and the Customers (together The Parties individually the The Party), regarding the individual forms of contracts offered on the Website.

By confirming his order, the Customer unconditionally accepts the contractual provisions of the order and the entirety of the General Terms and Conditions.

These terms and conditions, according to the current wording on this website, are valid from the date of registration and therefore may be subject to change.

1 PRESENTATION OF THE COMPANY

The web page is edited by MyFeld.

2 LEGAL AND CONTRACTUAL CAPACITY

Customers declare that they are of legal age and have full legal capacity.

3 SCOPE

The products and the service are available exclusively in Switzerland and Lichtenstein and through this website. The subscribers who live outside the scope can be considered only with prior agreement.

4 SERVICE AREA

The service of the website is normally accessible to customers all year round, seven days a week and 24 hours a day, except in case of intentional or unintentional interruption, especially in case of maintenance or force majeure. MyFeld cannot be held responsible in this sense, considering the duty to act.

5 SUBSCRIPTION AND SHIPPING

The shipment of the mature products is usually weekly. The delivery costs are included in the subscription price (from winter season 2022).

Registration for a subscription is done via the website.

By registering a subscription form, the customer confirms and accepts the entirety of the general terms and conditions. In the interest of a good organization of the registration for a subscription by a customer, the latter must fill in a form with his personal data for the provision of the service. The information provided to MyFeld must always be accurate. The Customer is responsible for the truthfulness of his/her personal information. In case of incorrect information, MyFeld cannot be held liable.

MyFeld offers two types of payment options:

• a subscription for personal use or as a gift with monthly payment (5.1),
• a subscription for personal use or as a gift with a one-time payment (5.2),
• a subscription for personal use or as a gift with weekly/bi-weekly payment/delivery (5.3).

5.1. SUBSCRIPTION WITH MONTHLY PAYMENT.

The contract conclusion for the subscription with monthly payment is valid in any case for at least one whole season (summer season April - September or winter season October - March). The monthly payment is an "installment" payment. The price for one season is divided into 6 months. By accepting this contract, the customer automatically gives a monthly direct debit authorization by credit card or pays the invoice sent to him per month. As long as the subscription lasts (at least one full season), the customer will be automatically debited by credit card at the beginning of each month or will receive a monthly invoice. The customer can cancel his subscription with monthly payment at any time at the end of the purchased season, according to the article about cancellation of the present general terms and conditions.

5.2. SUBSCRIPTION WITH ONE-TIME PAYMENT.

The conclusion of a contract for a subscription with a single payment can be for personal use or for third parties for a period of one season (summer season April - September or winter season October to March) are concluded. The payment of the subscription is due for the total period for 1 season at the conclusion of the contract.

5.3. SUBSCRIPTION WITH WEEKLY/BIWEEKLY PAYMENT/DELIVERY.

The conclusion of the contract for the subscription with weekly/bi-weekly payment/delivery is active immediately in all cases. In contrast to the two subscriptions 5.1 + 5.2, the buyer will receive his first delivery already in the following week after the conclusion of the purchase at the latest. The subscription with weekly/bi-weekly payment/delivery is a "normal" vegetable subscription, in which one has no access to the online configurator and no access to the webcam. By accepting this contract, the customer automatically gives a weekly or bi-weekly direct debit authorization by credit card or pays the invoice sent to him/her per week. As long as the subscription lasts, the Customer will be automatically debited by credit card at the beginning of each week or every two weeks, or will receive an invoice weekly or every two weeks. The customer can cancel his subscription with weekly/biweekly payment at any time for the following week, in accordance with the article on cancellation of these general terms and conditions.

6 CONDITIONS OF SALE FOR THE RETAIL SALE OF THE SPECIAL BOXES.

The articles are, depending on the stock, limited available. If one of the items is not available, the customer will be notified as soon as possible on the website.

7 NEWSLETTER SUBSCRIPTION

By agreeing to the terms and conditions set forth herein during the conclusion of a contract for a subscription or a single order on the Website, the Customer authorizes MyFeld to send him/her emails to the email address provided by him/her during the conclusion of a contract for a subscription or a single order.

The cancellation of the newsletter is possible at any time.

8 CANCELLATION/TERMINATION OF THE SUBSCRIPTION

The buyer of a subscription 5.1 (monthly payment) + 5.2 (one-time payment) can cancel at any time to the end of the chewed season. The buyer of a subscription 5.3 (weekly/bi-weekly payment) can cancel at any time to the following week of the subscription. To do so, he must notify MyFeld in writing by email.

Cancellation of subscription 5.1 (monthly payment) + 5.2 (one-time payment) will be considered for the next following season. Otherwise, the subscription will be extended for another season.

Cancellation of subscription 5.3 (weekly/fortnightly payment) will be taken into account for the next following week. Otherwise, the subscription will be extended by one or two weeks.

A voucher is valid only for 1 purchased season and does not renew automatically.

Cancellation of the subscription and customer account blocking can also be carried out by MyFeld in accordance with the modalities in the corresponding article "Customer account blocking".

9 CUSTOMER ACCOUNT BLOCKING

In case of non-compliance with the general terms and conditions, non-payment of an order, misinformation during account creation or possible damages contrary to the interests of MyFeld, the company reserves the right to block access to the website and the services offered or, depending on the severity of the offense, to terminate the subscription and the customer account without being able to claim damages.

The company also reserves the right to refrain from contracting with customers who have already violated the above regulations.

10 PRICES AND TERMS OF PAYMENT

10.1 GENERAL TERMS OF PAYMENT OF ANY SERVICES OF THE INTERNET SITE

Payments are secured by data encryption procedures to prevent interception of these data by third parties. MyFeld is not liable in case of fraudulent use of the means of payment by third parties.

Payment by credit card:

After the order is placed and the subscription request is received, a request to charge the credit card is sent to the Paying Agent. The contract is considered concluded upon receipt of the approval of the charge of the credit card by the Paying Agent.

Payment by invoice:

After the order is placed and the subscription request is received, the feasibility is checked for "payment by invoice". MyFeld reserves the right to perform an external credit check of the customer. In the event of a negative check, the customer will be informed of the rejection without giving any reason. The total invoice amount, will then be invoiced to the customer in advance.

According to the current regulations, the bank details of the members are not stored by MyFeld.

10.2 PAYMENT AND FEES FOR MONTHLY SHIPPING

The prices of shipping the boxes are included in the subscription price (from winter season 2022). The fees can be changed. In this case, changes will apply only to future orders, already paid orders will not be affected by rate changes.

10.3. SELLING PRICE AND SHIPPING FOR THE SPECIAL BOXES

The prices of the offered products are in Swiss francs. They take into account the VAT rate applicable at the time of the order. All prices are exclusive of VAT.

The customer will receive a confirmation email of the payment after confirmation of the order.

10.4 Reminder/Collection/Cancellation

Purchase by credit card: Payment for the products will be made immediately after purchase by credit card. If the subscription with monthly payment of the credit card can no longer be charged, the entire invoice amount for an entire season is due immediately. In this case, the amount will be invoiced. After expiration of this payment period, MyFeld reserves the right to charge reminder fees for the reminder of the debt. From the 1st reminder a reminder fee of CHF 10.- and from the 2nd reminder a reminder fee of CHF 20.- will be charged. An overdue debt can also be assigned by MyFeld to an external collection partner at any time. The latter may charge additional expenses and fees directly to the customer accordingly. MyFeld reserves the right to collect the monthly subscription payments also by invoice.

Purchase on account: The payment of the products is made with the invoice within 10 days net. After expiry of this payment period, MyFeld reserves the right to charge reminder fees for the reminder of the claim. As of the 1st reminder, a reminder fee of CHF 10.- and as of the 2nd reminder, a reminder fee of CHF 20.- will be charged. An overdue debt can also be assigned by MyFeld to an external collection partner at any time. The latter may charge additional expenses and fees directly to the customer accordingly. After the 2nd reminder, the entire invoice amount for a complete season is due immediately.

Cancellation of the subscription is only possible in individual cases. The cancellation fee is CHF 165.

11 REVENUE

Customer acknowledges the validity and probative value of MyFeld's electronic processing and records, and permits these elements to have the same probative value as a written manuscript.

12 SHIPPING

12.1. SHIPPING OF THE BOXES

DELIVERY AREA

The shipment of the boxes will be made exclusively in the specified delivery area, specified in the article "Delivery area", i.e. in Switzerland and Lichtenstein.

TERMS OF DELIVERY

Boxes are usually delivered weekly to the address specified during registration. In case of a change of address, the customer must report it 15 days before the next delivery. In case of unsuccessful delivery attempt and return of the BOX to MyFeld, another delivery attempt will be made to the customer, which may be charged separately. If the package is sent to the sender again, another delivery is not possible.

SHIPPING TYPE

Shipping takes place exclusively via the Swiss Post. Shipping to packing stations is not possible.

12.2. SHIPPING OF SINGLE SALE

Individual sale of special boxes is possible exclusively in the selected delivery area, specified in the article "DELIVERY AREA", i.e. in Switzerland and Lichtenstein.

After receiving the confirmation email of the payment, MyFeld assures a delivery within the following two weeks. MyFeld is not responsible for delays in delivery and their possible consequences. In case of non-delivery within the two weeks following the receipt of the confirmation email of the payment, MyFeld advises to contact the customer service. If necessary, MyFeld undertakes to resend the order to the customer or to refund the customer's money. The amount of the order and additional delivery costs will be borne by the customer.

13 HIGHER VIOLENCE

In case of force majeure, MyFeld is not responsible for any kind of breach of contract.

Weather plays an essential role in the yield. MyFeld assumes no responsibility for yield losses due to the influence of force majeure (such as weather, soil conditions, pests, etc.).

14 PRODUCT CONFORMITY

The information on the website regarding the products, is information provided by the product manufacturers. MyFeld can therefore under no circumstances be held responsible for the consequences that may arise from the knowledge or use of this information.

15 INTELLECTUAL PROPERTY

All elements of the website, whether visual, audio, text, form, layout, illustrations, photographs, documents and other elements, as well as the technology behind them, are protected by copyright and trademark law. Any reproduction is strictly prohibited.

16 RIGHT OF REVOCATION

In accordance with the applicable provisions of the Consumer Code and within the framework of the Distance Selling Regulations, the Customer has a withdrawal period of fourteen (14) days from the date of enrollment for a subscription and/or validation of an order. The withdrawal must be sent by mail or e-mail to the address indicated in Article 1 of these GTC. The time limit is valid from the order date of the order. If necessary, MyFeld will refund the Customer's money in the context of the exercise of his right of withdrawal within a maximum of thirty (30) days from the date of receipt of the notice of withdrawal. The amount shall be credited to the Customer's account.

17 DATA PROCESSING AND FREEDOM OF INFORMATION

The customer information requested in the questionnaire at the time of registration is necessary for the proper handling of the order and is communicated to contractual partners of the website as part of the execution of an order. In accordance with the applicable law, the customer has the right to object, access and correct the data concerning him. The Customer may request that any information be amended, supplemented, clarified or deleted that is inaccurate, out of date or incomplete, or the collection, use or disclosure of which is not permitted. To exercise this right, the subscriber contacts us on the website under the heading "CONTACT".

We reserve the right to use the statistics of the information forms filled in by subscribers in order to optimize our service and that of our partners.

18 RESPONSIBILITY

MyFeld in its capacity as a third party is not liable for the content of the MyFeld partner sites, nor for conflicts between customers and partner sites or partner brands. Information used by the Customer to log in, such as the username and password, is personal and confidential. This information can only be changed on the initiative of the customer or MyFeld, for example if the password has been forgotten. The Customer is responsible for the use of his access information and must keep it secret. Any disclosure of the information on his part cannot in any way be owed to MyFeld. Any order placed with the corresponding username and password of the Customer shall be deemed to have been ordered by the Customer. MyFeld shall in no event be liable for any damages resulting from the disclosure of such personal and confidential information by the subscriber and the use of such information by third parties.

MyFeld shall in no case be liable for any damage caused by the subscribed services, such as: general damage to reputation or by image, or loss of data that may result from the use of services offered by MyFeld.

19 PROVISO CLAUSE

If one or more provisions of these Terms and Conditions are declared invalid by a law or regulation or a final court decision, the remaining provisions shall remain in full force and effect.

20 TRANSFER OF RIGHTS AND DUTIES

In the event of a full or partial assignment of MyFeld's business, the contracts between the Customer and MyFeld and/or its successors in title shall remain binding. The contracts concluded with MyFeld cannot be assigned by the Subscribers and/or the Customer without MyFeld's prior written consent. Contracts, rights and obligations of MyFeld may in any case be alienated or transferred without the prior consent of the Customer.

21 ADVERTISING ON THE INTERNET SITE

MyFeld is free to insert advertisements on the website and has freedom of choice regarding the advertisements, their placement and their advertisers.

22 CHANGES TO THE GENERAL TERMS AND CONDITIONS

MyFeld reserves the right to modify the general terms and conditions under any circumstances. If the new general terms and conditions do not suit a customer, he should exercise his right of withdrawal by registered letter with acknowledgement of receipt before the entry into force of the new provisions, in accordance with the modalities set forth in the article "Right of withdrawal" of the present general terms and conditions. The refusal to accept the new general terms and conditions must be explicit, without an explicit expression of consent before the entry into force of the new provisions, the customer will automatically be considered to have accepted the new conditions.

23 APPLICABLE LAW

These Terms and Conditions of Sale shall be governed by Swiss law, irrespective of the country of residence and place of conclusion of the contract of the customer. The application of the Vienna Convention on the International Sale of Goods is expressly excluded. The Subscriber acknowledges that the messages and the computer files of the Website are considered as evidence of the communications, orders, payments and other transactions between the parties, unless otherwise proven.