MFKey GmbH: General Terms and Conditions (AGB)
1. Validity of General Terms and Conditions
MFKey GmbH provides all deliveries and services 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 is committed to providing customers with clear and comprehensive information about its products and services. This information is partly obtained directly from the manufacturers and is compiled by MFKey GmbH for customers in a clear and customer-friendly manner.
Please note that 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, specifically excludes any guarantee and liability for the accuracy, completeness, and timeliness of the information on the website.
Price and product assortments may change without notice. 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.
For current prices, please email info@mfkey.com.
Prices are considered binding for both parties at the time of placing the order. However, MFKey GmbH reserves the right to adjust prices retroactively if there are errors or inaccuracies in the listed prices. In such cases, customers will be notified and are not obligated to purchase the products affected by the price adjustment. 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, accuracy, completeness, or quality of the information provided. Liability claims against MFKey relating to material or immaterial damages caused by the usage or non-usage of the provided information, or by the use of incorrect or incomplete information, are generally excluded, unless it can be proven that there was intentional misconduct or gross negligence on our part. All offers are non-binding and subject to change. We reserve the right to modify, supplement or, delete sections of the pages or the entire offer without separate 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 at the email address they have provided. Until this confirmation email is sent to the customer, MFKey GmbH, 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 only for the reduced order quantity, unless the customer promptly notifies MFKey GmbH that they are not interested in the reduced order quantity.
Specifically, MFKey GmbH reserves the right, to reject an order if there is an ongoing legal dispute with the customer, particularly regarding unpaid invoices from previous orders.
The customer is responsible for providing a complete and accurate delivery address. 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, without any entitlement to compensation or damages on the part of the customer.
4. Right of Withdrawal
MFKey GmbH grants consumers, i.e. natural persons engaging in a legal transaction not related to their commercial or independent professional activities, the statutory right of withdrawal. As a consumer, the customer shall bear the direct costs of returning the goods. We do not accept freight collect returns. For deliveries to consumers with their domicile and delivery address outside the European Union, the right of withdrawal applies only if the consumer’s country of residence legally mandates such a right of withdrawal for consumer orders. If you wish to exercise your right of withdrawal, please contact usbeforehand, preferably by email to info@mfkey.ch. We will be happy to assist you in arranging the return shipment. While not mandatory for exercising your rights, please return goods to us in their original packagingto avoid further complications.
Please note that the right of withdrawal does not apply to goods that are made to customer specifications or that are clearly bespoke. You have the right to withdraw from this contract within fourteen days without providing a reason.
5. Delivery and Delivery Timeframe
MFKey GmbH maintains smaller quantities of all products in stock. However, current availability should be confirmed. Orders are processed promptly. Deliveries to customers typically take place immediately after receipt of the order or upon receipt of payment (advance payment). MFKey GmbH is not responsible or liable for the direct performance of the delivery service partner; thus, any deviations from standard delivery times are beyond our control.
6. Vouchers
At the end of the ordering process, the voucher code is entered into the designated field. The corresponding amount will then be deducted directly from the current order total. Vouchers exceeding the order value are non-refundable.
7. Shipping and Handling Costs
Shipping and packaging costs, as well as any customs duties, will always be itemised separately in the order confirmation.
8. Warranty and Liability Disclaimer
MFKey GmbH guarantees that the products are undamaged at the time of shipment. Products damaged transit will be replaced at MFKey’s discretion provided the customer reports the damage to MFKey by email within 8 days of receiving the goods (including photos of the damage). At MFKey GmbH’s request, the customer must also promptly return the products in their original packaging. Verified defective productswill be exchanged.
9. Returns
MFKey is under no obligation to accept returns. Any declaration of consent from MFKey for a return will be communicated to the customer by email within 48 hours. 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 through the websites www.mfkey.com or www.beach-pharmacy.com must always be paid in advance using the payment methods specified on thewww.mfkey.com or www.beach-pharmacy.com websites.
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 sample production, 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 samples provided by the customer, or any other information, the customer shall guarantee that the manufacture and delivery of the packaging does not infringe any third-party industrial property rights or patent rights. The customer shall assume liability for any damages that may result from an infringement of third-party rights.
14. Data Protection/Copyright
Data necessary for business transactions is stored and processed for the required purposes andmay be shared with affiliated companies or third parties (such as postal services or companies conducting creditworthiness checks) as part of order processing. All personal data is treated confidentially. Under “Manage Customer Account,” customerscan update their personal data at any time. The copyright for all published materials, texts and 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 resulting from such defects is exclusively governed by Section 8. Section 5 pertains only to damages due to late delivery. Liability is excluded in cases of misuse, incorrect application of the products or if the product’s seal is broken. Similarly, liability is excluded for improper handling of the box, incorrect storage or, in cases of intolerance, skin irritation or rashes.
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 deviating mandatory jurisdiction under federal law.
17. Amendments to General Terms and Conditions
MFKey GmbH expressly reserves the right to modify these General Terms and Conditions (AGB) as needed and to apply them immediately to subsequent orders.
Version dated 01.06.2017 MFKey GmbH
