Version 200921-01

TERMS AND CONDITIONS

1.GENERAL

FEEL EAT Sàrl, Ave Clos-Brochet 10, 2000 Neuchâtel ("FEEL EAT") supplies HAPPY FRIDGES to sites belonging to corporate customers and other organisations (COMPANIES) and sells its products to their members/employees ("Customers").

These terms and conditions (T&C)govern the sale of FEEL EAT products to customers as well as handling of personal data. These T&C apply to all sales contracts concluded between FEEL EAT and the customers as defined in section 3.

2. REGISTRATION AND MEANS OF PAYMENT

Prior to the first purchase of a FEEL EAT product by a customer, the customer will need to download the FEEL EAT APP and set up a personal password protected account by providing the following information: first name, surname, email address Happy Fridge code (information provided by FEEL EAT). Customers undertake to provide truthful information.The customer undertakes to keep their user information confidential and furthermore not to disclose their Happy Fridge code to individuals outside their company.

To make payment for products, the customer will be required to add funds to their account by means of a credit card or bank transfer. Credit balances held by FEEL EAT do not carry interest and cannot be transferred to third parties. FEEL EAT reserves the right to claim outstanding debts at any time and to pursue them if necessary. During the term of the contractual relationship between FEEL EAT and the company, the credit balance will not be paid out in full or in part. After termination of the contractual relationship between FEEL EAT and the company, credit balances held by FEEL AT will be treated in accordance with the agreement negotiated between the company and FEEL EAT.

3. PURCHASE CONTRACT

The display of FEEL EAT products in the Happy Fridge is considered as a legal application. The clients access the Happy Fridge by using their FEEL EAT APP to scan the QR code on the fridge door or, where a tablet is present, by scanning their personal FEEL EAT card. After selecting the products, the customer scans each product individually. The quantity and price of each item is subsequently displayed on the screen. After having verified the selection, the customer confirms the transaction and receives confirmation by email.

After confirming the purchase of a product, the purchase price is automatically charged to the customer's credit balance via the customer's personal account. The purchase contract for FEEL EAT products is considered to be concluded following: the prior adding of credit to the client’s account; the selection and scanning of product, the above-mentioned confirmation.

The assertion of material defect rights according to Art. 197 ff. OR is excluded to the extent permitted by law. Any further liability of FELFEL is limited to gross negligence and intent.

4. DATA COLLECTION AND DATA PRIVACY

FEEL EAT fully complies with the relevant legal provisions, in particular the General Data Protection Regulation (GDPR), with regard to the customer's personal data. Data collected is treated as confidential, fully conforming to Swiss legislation and in good faith.When contact is first made, your data is collected for business and marketing purposes in the form of personal information such as last name, first name, e-mail address. In addition to data explicitly entered, information is gathered automatically from the log files (a form of working report produced by the computer) when you access the website. FEEL EAT makes a distinction between master data (e.g. IP address, time and date of access) and activity data (e.g. name of file accessed, paths clicked on). For statistical purposes, this data is anonymously assessed, for instance to ascertain how many hits the portal receives each day.

The details of your purchases may be evaluated for marketing and statistical purposes. This evaluation is conducted for each customer using an anonymised automatic process. FEEL EAT conducts specific evaluations in order to determine target groups, thus enabling us to notify customers individually of product offers and other services.

Several times a year an infomail with the latest news or special promotions can be sent to the e-mail address indicated during the registration process. The customer can unsubscribe from this infomail at any time by clicking on the appropriate link in the footer at the bottom of the e-mail.

FEEL EAT uses Google Analytics, a web analysis service from Google Inc. Google Analytics uses cookies to evaluate use of the website and to compile reports on website activity. No personal data is collected. Only data regarding codes and device information is transmitted.

Your data will not be made available to partner companies of FEEL EAT unless they are specifically named in the General Terms and Conditions. Data may be transferred abroad, however, data protection similar to Swiss legislation is guaranteed. Steps are taken to ensure that the partner company does not use the data except in the context of the specific mandate, i.e. that it does not use the data for its own advertising purposes or pass them on to a third party.

The latest security technology is used to protect your data from unauthorized processing. No liability is accepted for the security of data transmitted via the Internet. Data are transmitted in encrypted form. All customers are entitled to their full rights in accordance with the Swiss Data Protection Act. For security reasons, data protection requests (e.g. requests for information) can only be made by email and for the corresponding data of the email sender.

FEEL EAT automatically deletes or anonymises data that is no longer required for the purposes described herein.

Entity responsible and contact
FEEL EAT is the entity responsible for data processing / data collection in accordance with the Swiss Data Protection Act.
Questions regarding data protection can be sent to the following address: info@feel-eat.ch

5. CONCLUDING PROVISIONS

Changes to the T&C
Amendments to these T&C shall be published and submitted to the contracting parties for approval. In this way, information on which data is stored, collected and used by FEEL EAT is ensured at all times.

Applicable Law and Jurisdiction
Swiss law is applicable to these T&C. Should any provision of these T&C be contrary to mandatory law, it shall be replaced by the mandatory provision of the law. This shall not affect the validity of the remaining T&C. The courts of Neuchâtel shall have jurisdiction.

FEEL EAT Sàrl
Info@feel-eat
Ave Clos-Brochet 10, 2000 Neuchâtel