General Terms and Conditions of Sale

1.1. Data Controller: OplaBio SA, whose head office is at Avenue du Mail 18, 2000 Neuchâtel, is responsible for processing your personal data collected via the Site.

1.2 Protection of personal data: for more details, please consult our privacy policy

2.1. Types of Purchases

Uglyfruits offers:

• Recurring subscriptions for the regular delivery of baskets.
• One-time orders for baskets or specific products.

2.2.a. Recurring Subscription

The subscription consists of regular delivery according to the frequency chosen by the customer (e.g., weekly, bi-weekly…) of baskets whose content is determined by Uglyfruits. The subscription is taken out for an indefinite period, with tacit renewal for the same delivery period (e.g., every week). Payment for each basket is due before its preparation and shipment, and will be automatically charged according to the chosen subscription frequency (see Article 3: Price and Payment).

2.2.b. By Prepaid Credits

• Definition and Subscription Under certain conditions, Customers may purchase, in a single transaction, packages of 3, 6, 12, or 24 deliveries (hereinafter the “Credits”), the amount of which is charged in full upon subscription to the corresponding offer.

• Use of Credits Each Credit entitles the holder to one basket delivery according to the terms of the Subscription. Credits are automatically debited upon the preparation of each basket, in chronological order of purchase.

• Validity Period Credits are valid for 12 months from the date of payment. After this period, any unused Credit will be automatically canceled, with no right to a financial refund.

• No Refunds Credits are non-refundable, except where required by law.

• Payment Methods Payment for Credits can be made by VISA/Mastercard credit card, TWINT, or PostFinance Pay.

2.3. Order Process

Orders and subscriptions are made exclusively via the Site. The sales contract is deemed concluded at the time of order confirmation by Uglyfruits.

2.4. Order Confirmation

For each order or for the start of a subscription, the Customer receives a confirmation e-mail summarizing the details. For recurring subscriptions, the Customer receives an e-mail before each delivery indicating the planned content of the basket (if the Customer has not unsubscribed from this feature).

2.5. Modification and Suspension of a Delivery within a Subscription

• The Customer may request a temporary suspension of their subscription (e.g., for holidays).
• The Customer can modify their basket according to the rules proposed by the site (quantity and product limitations).

This request must be made directly in the Customer’s account on the Site or by contacting customer service by e-mail at [email protected].

The deadline for a suspension and/or modification is set for Sunday at 10:00 AM preceding the relevant delivery week. After this deadline, the delivery and the corresponding payment are due, and the basket can no longer be modified.

2.6 Flexible Subscription Pause

• Definition: The “pause” temporarily suspends the preparation and billing of baskets for the chosen duration.
• A pause must be configured or modified at least 3 full days before the next scheduled delivery.
• You have a maximum of 3 months (90 days) of cumulative pause per full year (from January 1st to December 31st).
• Delivery automatically resumes on the first delivery day scheduled in your cycle following the last day of the pause.

2.7. Cancellation of the Recurring Subscription

• The Customer may cancel their recurring subscription at any time, free of charge, by respecting a notice period.
• The cancellation request must be made directly in the Customer’s account on the Site.
• The cancellation takes effect immediately if the request is received at least 3 full days before the next delivery. If the request is made later, a final package will be delivered, and the cancellation will take effect the following week.
• Uglyfruits also reserves the right to cancel a Customer’s subscription in case of failure to meet their obligations (e.g., payment defaults).

2.8. Product Availability

• Our product offers are valid as long as they are visible on the Site and within the limits of available stock. The nature of our products implies variability.
• If a product in a basket is not available at the time of preparation, Uglyfruits will endeavor to replace it with an item of similar value and nature.

2.9. Anomalies and Complaints

• In the event of an anomaly observed upon delivery (missing product compared to the announcement, damaged product, quantity error), the Customer is requested to inform Uglyfruits by e-mail at [email protected], with a supporting photo, within a maximum of 36 hours after receiving the order. After this period, the order will be deemed compliant.
• Products ordered by mistake by the Customer will not be taken back or refunded.

3.1. Price

• All prices indicated on the Site are in Swiss Francs (CHF) and include the applicable Value Added Tax (VAT) at the current rate.
• Delivery costs are included in the price of the baskets, unless explicitly stated otherwise.
• The applicable prices are those displayed on the Site at the time of order validation or subscription/renewal.
• Uglyfruits reserves the right to change its prices at any time. In the event of a price change for a subscription, the Customer will be informed at least 15 days before the new rate comes into effect. The Customer will then have the option to cancel their subscription before the new price is applied, in accordance with Article 2.6. If not canceled, the new price will be applicable at the next due date.

3.2. Payment Methods

• For one-time orders: Payment is due immediately at the time of the order.
• For recurring subscriptions: Payment for the first basket is due upon subscription. Subsequent payments are automatically charged before each delivery period (e.g., a few days before the scheduled delivery date), according to the chosen frequency, via the payment method registered by the Customer. The Customer authorizes Uglyfruits to make these recurring charges.
• Accepted payment methods are: credit card (Visa, Mastercard), TWINT, PostFinance Pay. Other methods may be added at Uglyfruits’ discretion.

3.3. Payment Security

Payment transactions are secured by our PCI-DSS certified payment service providers. Uglyfruits does not store your full credit card information.

3.4. Default of Payment

In the event of a refusal of payment authorization by credit card or a failed automatic debit, the order or the concerned delivery will be suspended. Uglyfruits will inform the Customer by e-mail of the payment failure and invite them to regularize their situation. Reminder fees may be applied in case of late payment. In case of persistent non-payment, Uglyfruits reserves the right to cancel the subscription and initiate a collection procedure.

3.5. Late Payment Interest

In case of late payment, and without the need for a formal notice, the Customer will be liable for default interest at the legal rate of 5% per annum (Art. 104 CO).

4.1. Delivery Zone and Method

Uglyfruits delivers to the Customer’s home or any desired address (e.g., workplace), exclusively in Switzerland, according to the details provided during the order. Deliveries are made by Swiss Post or a partner delivery service. In the Customer’s absence, the package will generally be left at the Customer’s door. The Customer is informed that they have the option, particularly via the online services or app of Swiss Post (when Swiss Post is the designated carrier), to manage their delivery preferences and designate a specific drop-off location (e.g., garage, shed, with a neighbor, etc.). The choice and security of this alternative drop-off location are the responsibility of the Customer.

4.2. Delivery Tracking

The Customer can track their package on the day of delivery using Swiss Post’s services.

4.3. Delivery Days and Times

Deliveries generally take place from Monday to Friday, according to the delivery day selected by the Customer during registration (if this option is available) or defined by Uglyfruits’ delivery cycle. Times are indicative and depend on the carrier. Every effort is made to ensure your order arrives within the indicated deadlines. However, it may happen exceptionally that Swiss Post delivers your package with a delay. If you notice a delivery delay, please contact customer service by e-mail at [email protected]

4.4. Public Holidays

If a delivery is scheduled on a public holiday, Uglyfruits reserves the right to postpone it to the preceding or following business day.

4.5. Cold Chain Compliance and Transfer of Responsibility

Uglyfruits undertakes to respect the cold chain for the relevant products until the order is delivered to the specified address. As soon as the package is effectively delivered (left at the door, handed over in person, or left in an agreed safe place), the responsibility for the proper storage of the goods, including maintaining the cold chain, rests solely with the Customer, regardless of their presence or absence at the time of delivery. It is the Customer’s responsibility to take all necessary measures to receive and store the products quickly after their delivery, especially in case of absence.

5.1. Uglyfruits undertakes to deliver quality products. In the event of a proven defect in a product (not related to improper storage after delivery), the Customer must inform Uglyfruits in accordance with Article 2.8. Uglyfruits will then offer an appropriate solution (replacement, credit note, partial refund).

6.1. Uglyfruits undertakes to provide its services with diligence. However, its liability cannot be engaged in case of force majeure (strikes, server failure, bad weather, interruptions of transport or communication services, etc.) or for indirect damages.

6.2. The information and photographs presenting the products on the Site are provided for indicative purposes and are not contractual. Uglyfruits strives to ensure the accuracy of the information but cannot guarantee the complete absence of errors or omissions.

6.3. Uglyfruits’ liability is limited to the value of the ordered products recognized as defective or non-compliant.

7.1. All elements of the uglyfruits.ch Site (texts, images, logos, videos, etc.) are and remain the intellectual and exclusive property of OplaBio SA. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site without the prior written consent of OplaBio SA.

8.1. Modification of the GTC

Uglyfruits reserves the right to modify these GTC at any time. The new GTC will be brought to the Customer’s attention by publication on the Site or by e-mail.

8.2. Notification of Changes

Uglyfruits will inform each subscribed Customer of any substantial modification to these GTC at least 14 days before they come into effect, by e-mail to the address registered in their account.

8.3. Explicit Acceptance

The Customer must confirm their acceptance of the new GTC by clicking on the dedicated link in the notification e-mail. This confirmation will constitute express acceptance of the modified GTC.

8.4. Tacit Renewal

In the absence of a response from the Customer within the 14-day period, the modified GTC will be deemed accepted, unless express opposition is notified by e-mail within the same period. In case of opposition, the Customer may cancel their subscription free of charge, effective from the date the new GTC come into force.

9.1. Law

These GTC and all contractual relations arising therefrom are subject to Swiss law, to the exclusion of its conflict of law rules and the Vienna Convention on the International Sale of Goods.

9.2. Dispute

In the event of a dispute, the Customer agrees to first seek an amicable solution with Uglyfruits, for example through mediation, before initiating any legal proceedings.

9.3. Jurisdiction

The exclusive place of jurisdiction for any dispute arising from these GTC and the contractual relations with OplaBio SA is located in Neuchâtel (head office of OplaBio SA). An appeal to the Federal Supreme Court remains reserved.

Date of last update: August 19, 2025