Definitions
- User / Customer / You – Any natural or legal person using the Site or purchasing Products.
- Products – All goods offered for sale on the Site, including HiWood items and accessories.
- Contract – A sales contract under Articles 184 ff. Swiss Code of Obligations (CO), formed when we confirm shipment of your Order.
Eligibility
You must be at least 18 years old or have legal capacity under Swiss law to place an order.
If ordering on behalf of an organization, you confirm you have authority to bind it.
Ordering & Contract Formation
- Placing an Order: By placing an order, you make a binding offer to purchase the selected Products (Art. 3 CO).
- Confirmation: We will send an e-mail acknowledging receipt; this is not acceptance.
- Acceptance: The Contract is formed when we send a shipping confirmation or dispatch the Products.
- We reserve the right to reject orders, e.g. for stock shortages, pricing errors, or suspicion of fraud.
Prices & Payment
- Prices are shown in Swiss francs (CHF) unless otherwise stated and include Swiss VAT where applicable.
- We accept the payment methods displayed at checkout. Payment is due immediately upon order placement.
- For deliveries outside Switzerland, you are responsible for any customs duties, import taxes, or local charges.
Delivery & Transfer of Risk
- Delivery is made to the address you specify.
- Risk passes to you when the goods are handed over to the carrier (Art. 185 CO), unless we perform the delivery ourselves.
- Delivery times are indicative and not binding unless expressly guaranteed.
Right of Withdrawal / Returns
- Under Swiss law there is no general statutory right of withdrawal for distance sales.
- Nevertheless, we voluntarily grant a 14-day return period from receipt of goods.
- Returned Products must be unused, undamaged, and in original packaging.
- Return shipping costs are borne by you unless the product is defective or we sent the wrong item.
Warranty (Gewährleistung)
- We warrant that Products are free from material and legal defects as per Art. 197 ff. CO.
- The statutory warranty period is two years from delivery.
- You must inspect the goods promptly and notify us of defects immediately (Art. 201 CO).
- In case of a justified defect, we may choose to repair, replace, or refund.
Intellectual Property
All content on the Site (text, images, trademarks, logos, design) is protected by Swiss copyright and trademark law.
Any reproduction, distribution, or other use beyond personal, non-commercial purposes requires our prior written consent.
Data Protection
- We process personal data in compliance with the Swiss Federal Act on Data Protection (revDSG) and, where applicable, the EU General Data Protection Regulation (GDPR).
- Details of data processing, rights of access, correction, and deletion are described in our Privacy Policy, which forms an integral part of these Terms.
Limitation of Liability
To the fullest extent permitted by Swiss law:
- We are liable only for damages caused by intent or gross negligence.
- Liability for slight negligence, indirect or consequential damages, and loss of profit is excluded.
- Mandatory consumer rights (e.g., product liability under the Swiss Product Liability Act) remain unaffected.
Indemnification
You agree to indemnify and hold Freshape SA harmless from any third-party claims arising from your unlawful use of the Site or breach of these Terms.
Changes to Terms
We may amend these Terms at any time. Updates will be posted on this page with a revised “Last updated” date.
Your continued use of the Site after publication constitutes acceptance of the new Terms.
Governing Law & Jurisdiction
- This Agreement is governed by substantive Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
- The exclusive place of jurisdiction is Bern, Switzerland, unless mandatory consumer-protection rules of your domicile grant you other rights.
Contact
Freshape SA
Avenue d'Epenex. 4A, 1020, Renens, Switzerland
Email: hiwood@freshape.com