General Terms and Conditions

1. Scope

(a) These General Terms and Conditions („GTC“), together with any additional provisions, such as the Privacy Policy, govern your access to and use of the services and products on our website heylife.ch („Website”). The Website is operated by Fresh Roots SARL, 5 chemin de bocage, 1066 Epalinges (hereinafter jointly referred to as „HEYLIFE“).

(b) By accessing the Website as well as ordering our products, you confirm that you shall accept and comply   with these GTC, as amended from time to time. HEYLIFE can adapt these GTC at any time, in particular to adjust the GTC to new legal requirements or new functionalities or offers of HEYLIFE. As far as legally required, we will inform you about such amendments.

(c) The collection and use of the personal data („Data”) which you provide are subject to our Privacy Policy. By accessing and using the Website you consent to the collection and use of the Data by HEYLIFE in accordance with the Privacy Policy.

(d) The use of the Website and the performance of the contract between you and HEYLIFE are exclusively governed by the GTC and the Privacy Policy of HEYLIFE. Any contradictory or deviating terms and conditions shall not apply. These GTC shall apply exclusively and integrally even where HEYLIFE was aware of the contradictory terms and conditions or of deviations from these GTC made by you and where HEYLIFE nevertheless carries out an order without reservation.

2. Ordering of Goods from the Online Shop

2.1. Information on the Website

(a) The website contains information about products and services of HEYLIFE. We reserve the right to alter prices and product ranges as well as technical changes. All information on the Website (product descriptions, illustrations, dimensions, weights, technical specifications, supplies and other information) are to be understood only as approximate values and in particular do not represent an assurance of properties or guarantees, unless explicitly stated otherwise. HEYLIFE endeavours to provide all information and data on this website correctly, completely, up-to-date and concisely. However, HEYLIFE can neither expressly nor implicitly warrant it.

(b) All offers on the Website are subject to change without notice and are not to be construed as binding.

(c) HEYLIFE cannot guarantee that the listed products are available at the time of ordering. Therefore, all information on availability and delivery periods is without guarantee and may change at any time and without notice.

2.2. Ordering and Conclusion of Contract

(a) According to the offer in the HEYLIFE online shop, the customer may order various beverages and related supplies („Goods”).

(b) By clicking the „order and pay” button in the HEYLIFE online shop, you place a binding order for the goods in your shopping cart.

(c) Confirmation of receipt of the Customer’s order is immediately sent electronically by HEYLIFE to the Customer. However, a contract between you and HEYLIFE shall only be concluded once HEYLIFE has expressly accepted the order. HEYLIFE reserves the right to refuse the conclusion of a contract without giving any reasons.

2.3. Delivery and Place of Performance

(a) The customer has the option of entering the preferred delivery date when ordering the goods. You can change this date up to 48 hours before delivery by sending an e-mail to team@heylife.ch.

(b) Any agreed delivery dates shall not be deemed binding. Should HEYLIFE be in default with the delivery, the customer may not withdraw from the order. HEYLIFE shall not be liable for any damage caused by the delay.

(c) The goods are delivered by the Post to the delivery address you provide to HEYLIFE when placing the order. The place of performance is the place where HEYLIFE hands over the goods to the Swiss Post. The Customer shall bear the risk for the transport of the goods from the place of performance. The Customer shall accept partial deliveries. HEYLIFE reserves the right to choose other delivery methods.

(d) The customer is responsible and takes the necessary measures to ensure that the delivery is personally received by someone at the delivery address on the selected date. Should this not be the case, the parcels will be deposited in front of the entrance at your own risk.

(e) If the goods cannot be delivered or if the customer refuses to accept the delivery, HEYLIFE can terminate the contract after notification by e-mail to the customer within a reasonable deadline. HEYLIFE may charge the costumer for any expenses occurring due to these efforts.

(f) HEYLIFE exclusively delivers your goods to Switzerland. HEYLIFE reserves the right to refuse a delivery if the delivery address is outside of the valid delivery area. We will inform you when ordering the goods if your address cannot be delivered.

2.4. Prices and Payment Terms

(a) The prices listed on the Website in the currency mentioned there at the time of ordering shall apply. All prices are inclusive of the applicable statutory value-added tax.

(b) Any anticipated transport costs will be shown separately during the order transaction and must be borne by you.

(c) The minimum amount for orders is Fr. 50.– (incl. shipping costs).

(d) You may pay for the goods by credit and debit cards which are accepted on the Website. HEYLIFE may refuse individual payment options for certain customers without giving any reasons.

(e) Your credit or debit card account will be charged once the contract has been concluded.

(f) The goods delivered to the customer remain the property of HEYLIFE until full payment has been received.

(g) HEYLIFE reserves the right to issue invoices and credit notes in electronic form exclusively. The customer shall refrain from offsetting disputed claims or claims not enforced by law. An assignment of claims of the customer against HEYLIFE is not permitted.

2.5. Cancellation

(a) Cancellations may only be made free of charge if they are received by us in writing or by e-mail at least 2 working days before the selected delivery date.

(b) Given the perishable nature of our products, orders in progress or delivered cannot be returned or exchanged. Orders cannot be refused on delivery. An administration fee of 20.00 will be charged before refund.

2.6. Gift Vouchers/Promotional Codes

(a) HEYLIFE may issue gift vouchers. Gift vouchers are not cumulative and may be redeemed for each order prior to completing the ordering process by entering the gift voucher code; any subsequent deduction is excluded. The credit balance of a gift voucher shall neither be paid out nor shall any interest be paid thereon.

(b) If the credit balance of a gift voucher is not sufficient for an order, the difference can be settled with the offered payment methods.

(c) Gift vouchers are transferable. In case of loss, theft or misuse of gift vouchers, HEYLIFE shall reject any liability.

(d) HEYLIFE issues „Promotional Codes” as part of certain advertising campaigns. When ordering the goods, you will be granted a discount on the total price of the order by entering the respective „Promotional Code”. „Promotional Codes” are neither transferable nor cumulative.

2.7. Withdrawal

(a) HEYLIFE is entitled to withdraw from an order at any time prior to the delivery of the goods without giving any reasons.

(b) Any purchase price payments already received shall be reimbursed to the customer.

3. Medical Disclaimer/No Representations

(a) The information on health and nutrition contained on the Website and in other information material is intended solely for the general well-being of the customer and does not constitute medical consultation. This information is not intended to be complete or accurate and does not replace professional medical advice from a doctor.

(b) HEYLIFE is not responsible or liable in any way for your health and nutrition. Our services are not equipped to take into account the unique circumstances of your health and your personal nutritional requirements that may influence your health condition. Please read all product supplements and dosage recommendations carefully and consult your doctor if you have any health problems or specific questions.

(c) Although HEYLIFE’s goal is to offer well balanced meals in line with certain nutritional aspects, our products do not replace personal advice from a qualified nutrition expert. We cannot guarantee compliance with specific nutrition or dietary regulations. We do not make any representations or warranties that the use our products will deliver a specific result.

4. User Account

(a) You can create a user account to order our products. The creation of a user account is free of charge.

(b) Your account information is personal and may not be transferred or used by someone else. You are responsible for storing your login credentials in a safe manner. HEYLIFE is not in any way responsible for any loss or damage caused by unauthorized access to your account or use of your login credentials. If you learn of or suspect any unauthorized use of your account, you must immediately inform HEYLIFE.

(c) You can at any time choose to cancel/end your account. Please note that after you have cancelled your user account we will or may delete all the content that you provided, and you will no longer have access to your account.

(d) HEYLIFE reserves the right to investigate any suspected misuse or material breach of contract, to take appropriate precautions and to block the access of the customer in case of reasonable suspicion.

5. Material Warranty & Returns

(a) The customer shall inspect the goods immediately upon receipt with respect to any obvious material defects and must notify HEYLIFE thereof in writing immediately upon receipt of the delivery. Goods which were not ordered by the customer must also be reported immediately. Hidden material defects must be reported in writing immediately after detection.

(b) In case of material defects you only have the right to demand defect-free replacement of the goods. Claims for rectification, reduction of the purchase price or rescission are excluded to the extent permitted by law. Instead of the replacement of goods, HEYLIFE may grant you a credit note for goods. Furthermore, the statutory warranty provisions shall apply.

(c) Notices of defects must be in writing and addressed to:

Fresh Roots SARL
5 chemin de bocage
1066 Epalinges
Switzerland
team@heylife.ch

(d) Returns to HEYLIFE are at the customer’s expense and risk. The customer shall send the goods in their original packaging, complete with all supplies and together with the delivery note and a detailed description of the defects to the return address indicated by HEYLIFE.

(e) The limitations of liability agreed according to these GTC apply (see Article 7 GTC).

6. Intellectual Property

(a) All copyright, database right, patent or other intellectual property right, title and interest in and to the Website and the goods as well as any information (excluding the Data provided by the customers) are and will remain the exclusive property of HEYLIFE or the respective rights holders.

(b) Contents of the Website may be printed or otherwise reproduced for private purposes only. You shall not modify, copy, transmit, distribute, display, perform, reproduce, publish, license, use as frame in a website, transfer and/or create derivative works from or otherwise use in any other way for commercial or public purposes any contents of this Website beyond the rights of use permitted by law.

(c) HEYLIFE is a protected company name and a protected brand name. Nothing in these GTC gives you a right to commercially use the HEYLIFE name or any of HEYLIFE’s trademarks, logos, domain names and other distinctive signs. HEYLIFE shall reserve any and all rights in this respect.

7. Liability

(a) HEYLIFE excludes any liability, regardless of its legal basis, as well as claims for damages against HEYLIFE and any auxiliary persons and vicarious agents. In particular, HEYLIFE is not liable for indirect damage and consequential damage caused by defects, lost profit or other personal injury, material damage or financial losses of the customer. We reserve the right to further mandatory legal liability, e.g. for gross negligence or unlawful intent.

(b) Please note that HEYLIFE is not responsible for defects of your Internet connection, your computer, your mobile phone or your provider subscription. You need an industry-standard Internet connection in order to be able to use the services on the Website.

(c) HEYLIFE reserves the right to change, restrict or discontinue the scope and functionalities of the Website at any time. HEYLIFE does not guarantee the correctness, completeness and actuality of the information published on the Website. Although HEYLIFE endeavours to ensure maximum availability, it cannot be ruled out that the Website may be temporarily unavailable due to maintenance work. HEYLIFE is not liable for any loss or damage resulting from the use of the Website or from interruptions in the availability of the Website.

(d) The Website may contain links to third-party websites. HEYLIFE does not accept any responsibility or liability for the availability or accuracy of information or functions provided by such third-party websites.

(e) Furthermore, liability is excluded to the extent permitted by law.

8. Data Protection and Advertising

(a) HEYLIFE shall act in compliance with the applicable data protection regulations. Please find detailed rules regarding HEYLIFE‘s privacy practices in our Privacy Policy.

(b) You hereby agree that we may from time to time send you unsolicited advertising material or newsletters on current developments of HEYLIFE and/or its products. You have the option of unsubscribing from such newsletters at any time (via unsubscribe link in each newsletter or by e-mail to team@heylife.ch). After you unsubscribe from such newsletters, HEYLIFE will no longer send you any unsolicited advertising material or newsletters.

9. Severability Clause

If individual provisions of these GTC are or become entirely or partially invalid, then the validity of the remaining provisions or parts of such provisions of the GTC is not affected. The invalid or missing provisions shall be replaced by the respective applicable statutory regulations.

10. Applicable Law and Place of Jurisdiction

(a) These GTC are subject to Swiss substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods („Vienna Sales Convention”). Any disputes arising out of or in relation to these GTC or the use of the Website shall be submitted to the exclusive jurisdiction of the courts of Zurich, Switzerland. However, HEYLIFE reserves its right to institute proceedings against you at your place of habitual residence or domicile.

(b) The preceding choice of law and venue shall not apply if and to the extent that under the applicable laws you (i) are a consumer within the meaning of Swiss law or any other legislation and (ii) are entitled to mandatorily invoke the application of another law and/or the jurisdiction of another court.