Terms & Conditions of Use

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and My Eco Best Friend (“we,” “us” or “our”) hereinafter referred to as “MEBF”, concerning your access to and use of the myecobestfriend.com “Website” as well as any other media form, media channels, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all the Terms of Use, then you are expressly prohibited from using the Site and you must discontinue its use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

TERMS AND CONDITIONS OF SALE

MEBF makes its online stores for the listing of products and services by providers from different parts of Europe, and makes them available to its customers, who are resident in Switzerland, for buying the products and services listed on the website. Customers listing products will hereinafter be referred to as “sellers”, customers purchasing products as “buyers” and the transaction as either a “purchase” or a “sale”.

The range of products and services available in the online store (hereinafter “offer”) is exclusively intended for customers whose place of residence or place of business is in Switzerland. Deliveries are made exclusively to addresses in Switzerland.

You acknowledge and agree that:

the marketplace provides an online location for sellers to sell and buyers to purchase products and services;

we shall accept binding sales, on behalf of sellers, but MEBF is not a party to the transaction between the seller and the buyer;

a contract for the sale and purchase of a product(s) and services will come into force between the buyer and the seller, and accordingly you commit to buying or selling the relevant product(s) and services, upon the buyer’s confirmation of purchase via the marketplace; and

MEBF is not party to the purchase agreement. It acts solely as an intermediary and service provider between the buyer and the seller. The purchase agreement is fulfilled exclusively by the buyer and the seller.

For some services the customer shall request a quote, and MEBF shall take responsibility for submitting the customer’s quote request to the seller, and the seller shall accept the quote request and provide all necessary information requested including the price for the service concerned.

Subject to these general terms and conditions, the seller’s terms of business shall govern the contract of sale and purchase between the buyer and the seller. Notwithstanding this, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:

the price for the product and services will be as stated in the relevant product listing;

the price for the product and services must include all taxes and comply with all applicable laws in force at the time;

delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be payable by the buyer if this is expressly and clearly stated in the product listing;

products and services must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer; and

the seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third-party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.

The seller acknowledges that it shall be solely responsible for shipping, delivery of its products and services after payment has been received by MEBF. The seller shall clearly state its Return and Refund policy on their seller page or on the Description of the product or service.

ORDER CHANGE OR CANCELLATION

Order placement obliges that the customer accept the products and services. MEBF or the merchant may, at its own discretion, accept subsequent order changes or cancellations by the customer and invoice an inconvenience charge of 20% of the cancelled order value, but no less than CHF 60, as well as any value loss of the ordered products.

In the event of (partial) inability to deliver (condition leading to termination) after order placement, the customer is immediately informed by e-mail. If the customer has already made the payment, the amount is refunded. If no payment has been made, the customer is exempted from the obligation to pay the amount due. Further claims for delivery delay or delivery failure are excluded.

RETURNS AND REFUNDS

Refunds in respect of returned products shall be managed in accordance with the refund’s policy of the Seller clearly written on the Seller’s page. In the case of a return, the products, together with all accessories, must be properly packed and returned in their original packaging. Damaged products cannot be returned or will be fully invoiced to the customer, respectively.

It is the customer’s responsibility and obligation to delete all personal data stored on the product before transferring ownership to the Seller. The Seller retains the right to carry out additional deletions/resets to the product and delete any personal data. A total loss of data must be expected. MEBF assumes no liability for any third-party access, use, editing or ownership of any remaining data stored on the product.

Should customers exercise their right of return according to the above-mentioned return conditions, MEBF shall refund the total purchase price with the exception of any minimum order surcharge paid.

PAYMENT/ PAYMENT METHOD

Once sales have been executed between the seller and the buyer at their own risk, the buyer will make payment to MEBF who is serving as an intermediary. The seller will deliver the product(s) /services to the buyer as agreed (either by home delivery or in-store collection). The buyer will receive and inspect the products to ascertain the condition of the products and services delivered for correctness, completeness and potential transport damage. Upon confirmation of the good form of the products delivered to the buyer, the buyer shall notify MEBF to release funds to the seller. The buyer has 5 days to inspect the products upon receipt and confirmation of delivery. After 5 days, if the buyer fails to notify MEBF on the condition of the products received, MEBF shall unconditionally release the funds to the seller and it is assumed that the transaction is complete. In the case where the products delivered, after 5 days of no notification from the buyer, are not in good condition, the buyer shall hold MEBF harmless and MEBF shall not be held accountable for the products and services delivered to the buyer.

 

Payment Method

Payments shall be made using either traditional credit card payment methods (Visa, MasterCard…) or using e-wallets such as Apple Pay through the Stripe payment gateway.

When paying by credit card or other instant payment methods, the amount is debited at the time of order being placed. In case of prepayment, delivery is made only after receipt of the full payment. 

Payment must be made in Swiss Francs.

DELIVERY/ DELIVERY DATE

The customer is either provided with a provisional delivery date or is contacted so that an individual delivery date can be arranged.

If delivery by the seller is delayed, customers are entitled to withdraw from the contract (with the exception of special orders) as of the 30th calendar day from the originally scheduled delivery date. In such an event, the seller will refund the customer any amount paid in advance. No further claims towards MEBF or the seller apply.

The delivery address in Switzerland must be easily accessible by truck. Should this not be the case, the customer shall bear any consequential costs.

If the customer chooses the option “delivery to place of use”, it is the customer’s responsibility to ensure the place of use is accessible. The customer must verify that the product fits through any entrances, for instance staircases, doors etc. If the products cannot be transported to the place of use, the customer must bear any additional charges.

Should the customer refuse to accept the ordered products on the arranged or provided delivery date, MEBF or the merchant may withdraw from the contract (cancellation) and charge the customer for the delivery costs and any loss of value.

If the customer does not collect the ordered products from one of our stores (in-store collection) within 14 calendar days from the arranged date, MEBF may withdraw from the contract (cancellation).

 

RULES CONCERNING YOUR CONTENT

In these general terms and conditions, “your content” means:

all works and materials (including, without limitation, text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our online platform for storage or publication, processing by, or onward transmission; and

all communications on the platform, including product reviews, feedback and comments.

Your content, and the use of your content by us in accordance with these general terms and conditions, must be accurate, complete and truthful.

Your content must be appropriate, civil and tasteful, and in acccordance with generally accepted standards of etiquette and behaviour on the internet, and must not:

be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;

depict violence in an explicit, graphic or gratuitous manner; or

be blasphemous, in breach of racial or religious hatred or discrimination legislation;

be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;

cause annoyance, inconvenience or needless anxiety to any person; or

constitute spam.

Your content must not be illegal or unlawful, infringe any person’s legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach:

any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;

any right of confidence, right of privacy or right under data protection legislation;

any contractual obligation owed to any person; or

any court order.

You must not use our online store to link to any website or web page consisting of or containing material that would, were it posted on our marketplace, breach the provisions of these general terms and conditions.

You must not submit to our online store any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The review function on the online platform may be used to facilitate buyer reviews on products. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews.

You must not interfere with a transaction by: (i) contacting another user to buy or sell an item listed on the marketplace outside of the marketplace; or (ii) communicating with a user involved in an active or completed transaction to warn them away from a particular buyer, seller or item; or (iii) contacting another user with the intent to collect any payments.

You acknowledge that all users of the marketplace are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.

We may periodically review your content and we reserve the right to remove any content at our discretion for any reason whatsoever.

OUR RIGHT TO USE YOUR CONTENT

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any existing or future media.

You grant us the right to sub-license the rights licensed under section 6.1

You hereby waive all your moral rights to your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights to your content have been waived to the maximum extent permitted by applicable law.

Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish or edit any or all of your content.

COPYRIGHT AND TRADEMARKS

Subject to the express provisions of these general terms and conditions:

we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

all the copyright and other intellectual property rights in our website and the material on our website are reserved.

MEBF’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

DATA PRIVACY

Buyers agree to the processing of their personal data in accordance with the terms of MEBF’s Privacy and Cookie Notice.

Sellers shall be directly responsible to buyers for any misuse of their personal data and MEBF shall bear no liability to buyers in respect of any misuse by sellers of their personal data.

LIMITATIONS AND EXCLUSIONS OF LIABILITY

Nothing in these general terms and conditions will limit any liabilities in any way that are not permitted under applicable law; or exclude any liabilities or statutory rights that may not be excluded under applicable law. MEBF will not be liable for any loss or damage of any nature, including in respect of:

any losses occasioned by any interruption or dysfunction to the website;

any losses arising out of any event or events beyond our reasonable control;

any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;

any loss or corruption of any data, database or software; or

any special, indirect or consequential loss or damage.

ENTIRE AGREEMENT

These general terms and conditions and the MEBF policies and guidelines (and in respect of sellers the seller terms and conditions) shall constitute the entire agreement between you and us in relation to your use of our online platform and shall supersede all previous agreements between you and us in relation to your use of our online platform.

 

SEVERABILITY

If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

LAW AND JURISDICTION

These general terms and conditions shall be governed by and construed in accordance with Swiss law.

Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of Switzerland.