MFKey GmbH: General Terms and Conditions (AGB)

1. Validity of General Terms and Conditions
MFKey GmbH provides all deliveries exclusively on the basis of these General Terms and Conditions. By placing an order, the customer expressly agrees to these terms and conditions. We explicitly state that no terms and conditions from customers will be accepted. In the event of discrepancies between the German and English versions, the German version shall always prevail. These terms form an integral part of the contract between the customer and MFKey GmbH. They apply to the delivery of goods ordered by the customer via online shopping on the internet or directly from MFKey GmbH. “Beach-Pharmacy” is a registered trademark of MFKey GmbH.

2. Information on the Website/Offer/Prices
MFKey strives to inform and educate customers about the offered products and services as thoroughly as possible. This information is partly obtained directly from the manufacturers and is compiled by MFKey GmbH in a clear and customer-friendly manner for the customers.

All information on www.mfkey.com and www.beach-pharmacy.com is provided without guarantee or liability. MFKey GmbH, to the extent permitted by law, excludes any guarantee and liability for the accuracy, completeness, and timeliness of the information on the website.

Price and product range changes are subject to change at any time. Images of all products and illustrations are not binding in terms of color and may differ from the original. Technical designations and/or the content of delivered products may differ from the manufacturer’s designations or those listed on the internet.

Current prices can be requested at any time via email at info@mfkey.com.

The prices are binding for both parties at the time of the order. However, in the event of errors or mistakes in the price information, MFKey GmbH reserves the right to make price changes retroactively. In such cases, the customer will be informed and is not obligated to purchase the products affected by the price change. All prices are in Swiss Francs, Euros, or US Dollars and, unless otherwise noted, exclude VAT and additional shipping and any packaging costs.

2.1. Content of Online Offers
MFKey assumes no liability for the timeliness, correctness, completeness, or quality of the information provided. Liability claims against MFKey relating to material or non-material damages caused by the use or non-use of the provided information or by the use of incorrect or incomplete information are generally excluded, provided there is no demonstrably intentional or grossly negligent fault on our part. All offers are non-binding and without obligation. We reserve the right to change, supplement, delete parts of the pages or the entire offer without special notice, or to temporarily or permanently cease publication.

3. Order/Delivery
An order placed in the shop becomes binding for the customer when they confirm their order on the page displaying the summary of the order by clicking the “Complete Order” button at the end of the ordering process. The customer will then receive a confirmation email from MFKey GmbH to the email address provided by the customer. Until this confirmation email is sent to the customer by MFKey GmbH, the company reserves the right to reject the order or reduce the order quantity. In such cases, no contract is concluded between the customer and MFKey GmbH, or a contract is formed for the reduced order quantity, unless the customer promptly notifies MFKey GmbH that they are not interested in the reduced order quantity.

MFKey GmbH reserves the right, in particular, to reject an order if there is a legal dispute with the customer, especially concerning unpaid payments from previous orders.

The complete and correct provision of the delivery address is the responsibility of the customer. If the customer provides an incorrect delivery address, delivery of the product may not be possible. In such cases, MFKey GmbH may refrain from delivering the product entirely, and no claims for replacement or compensation can be asserted.

4. Right of Revocation
MFKey GmbH grants the statutory right of withdrawal to consumers, i.e., natural persons who conclude a legal transaction for purposes that cannot be attributed to their commercial or independent professional activity. As a consumer, the customer must bear the direct costs of returning the goods. Parcels returned to us freight collect will not be accepted. For deliveries to consumers with their domicile and delivery address outside the European Union, the right of withdrawal applies only if the law of the state in which the consumer is domiciled mandates such a right of withdrawal for consumer orders. If you wish to exercise your right of withdrawal, it is best to contact us briefly beforehand, preferably by email to info@mfkey.ch. We will gladly clarify the arrangements for the return with you. Please return the goods in the shipping packaging and original packaging used by us, although this is not a prerequisite for asserting your right, it helps to avoid further complications.

Please note that the right of withdrawal does not apply, among other cases, to the delivery of goods that are made to customer specifications or clearly tailored to the personal needs of the customer. You have the right to withdraw from this contract within fourteen days without giving any reason.

5. Delivery and Delivery Timeframe
MFKey GmbH maintains smaller quantities of all products in stock. However, current availability should be confirmed upon inquiry. Orders are processed promptly. Delivery to the customer typically occurs immediately after receipt of the order or upon receipt of payment (prepayment). MFKey GmbH is not responsible or liable for the direct performance of the delivery contract partner; any delays beyond the usual delivery time are outside the control of MFKey GmbH.

6. Vouchers
At the end of the ordering process, the voucher code is entered into the designated field. The corresponding amount is deducted directly from the current order. Vouchers that exceed the order amount cannot be refunded.

7. Shipping and Handling Costs

Shipping and packaging costs, as well as any customs fees, will be separately indicated on the order confirmation in all cases.

8. Warranty and Liability Disclaimer

MFKey GmbH guarantees that the products are undamaged at the time of shipment. Products damaged during shipping will be replaced at MFKey’s discretion if the customer notifies MFKey of the defect within 8 days of receiving the goods (including sending photos of the damage). If MFKey GmbH requests it, the customer must also promptly return the delivered products in their original packaging. Defective products proven to be faulty will be replaced.

9. Returns

There is no obligation to accept returns. Any approval from MFKey for a return will be communicated to the customer within 48 hours via email. Returned products or packages will only be accepted in their original packaging. The customer is responsible for the costs of returning the goods.

10. Payment Methods and Bank Transfer

Orders placed on the websites www.mfkey.com or www.beach-pharmacy.com must generally be paid in advance using the payment methods specified on the websites www.mfkey.com or www.beach-pharmacy.com. Other payment methods are possible by arrangement.

11. Retention of Title

MFKey GmbH retains ownership of the entire delivery until all payments under the contract have been received.

12. Preliminary Studies and Projects

Preliminary studies and projects, including the creation of samples prepared at the request of an interested party, remain the property of MFKey GmbH and may only be transferred to or made accessible to third parties with written consent.

13. Third Party Intellectual Property Rights

If MFKey GmbH is required to deliver sales packaging based on designs, drawings, models, or patterns provided by the customer, the customer guarantees that the manufacture and delivery of the packaging will not infringe any third-party industrial property rights or patent rights. The customer assumes liability for any damages resulting from an infringement of third-party rights.

14. Data Protection/Copyright

The data necessary for the business transaction will be stored and processed for the purposes required and, if necessary for order processing, forwarded to affiliated companies or contractors (such as postal services or companies for creditworthiness checks). All personal data will be treated confidentially. Under “Manage Customer Account,” the customer has the opportunity to change their personal data at any time. The copyright for published objects, texts, as well as all photos created by MFKey, remains solely with us. Reproduction or use of such graphics, sound documents, video sequences, and texts in other electronic or printed publications is not permitted without the express consent of MFKey.

15. Liability

Liability for product defects or damages caused by such defects is exclusively governed by clause 8. Clause 5 exclusively applies to damages from delayed delivery. Liability is excluded in cases of misuse, improper use of the products, or damage to the seal (opened). Similarly, liability is excluded for improper manipulation of the box, improper storage, or in cases of intolerance, skin irritation, or rash.

16. Applicable Law/Jurisdiction

The contract is exclusively governed by Swiss law. The Vienna Sales Convention (CISG) is excluded. The place of jurisdiction for all disputes with MFKey GmbH is Zurich, Switzerland, subject to any mandatory jurisdiction under federal law.

17. Changes to Terms and Conditions

MFKey GmbH expressly reserves the right to adapt these General Terms and Conditions (AGB) to current circumstances at any time and to apply them immediately to subsequent orders.

Version dated 01.06.2017 MFKey GmbH