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Terms of Service

 

Last updated: 18.05.2026

These Terms of Service (“Terms”) govern your access to and use of the Melon Automation GmbH online shop and the purchase and use of MelonFrame and related products and services (collectively, the “Products”). By placing an order on our website, you agree to be bound by these Terms.

1. Company Information The online shop is operated by: Melon Automation GmbH Neuhofstrasse 12 6340 Baar Switzerland Email: [info@melonautomation.com] Website: [https://melonautomation.com]

2. Scope of Application These Terms apply to all orders placed by consumers and business customers via our online shop for MelonFrame and any accessories or related services. A “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A “business customer” is any natural or legal person or partnership acting in a commercial or professional context. If you are purchasing on behalf of a company, you represent that you are authorized to accept these Terms on its behalf.

3. Conclusion of Contract The product presentations in the online shop are not a binding offer but a non-binding online catalogue. By clicking the “Buy”, “Pay now” or equivalent button at the end of the checkout process, you submit a binding offer to purchase the Products in your cart. We may accept your order by:

  • sending an order confirmation by email, or

  • shipping the Products. The contract is concluded once we send the order confirmation or dispatch the Products, whichever occurs first. We reserve the right to refuse orders in justified individual cases (e.g. suspicion of fraud, incorrect prices due to obvious error, or lack of availability).

4. Prices, Taxes and Shipping Costs All prices displayed in the shop include VAT as indicated on the product page and during checkout. Applicable VAT, customs duties, and other taxes depend on the shipping destination and will be shown at checkout where possible. For deliveries outside Switzerland or the EU (such as Norway), additional customs duties, taxes and fees may apply, which are borne by the customer. Shipping costs are displayed separately during checkout before you place your order. We reserve the right to change prices at any time. The price applicable to your order is the price displayed at the time of checkout.

5. Payment Terms We accept the payment methods displayed at checkout. Payment is due immediately upon conclusion of the contract unless expressly agreed otherwise. For payments processed by third-party payment providers, their terms and conditions also apply. If a payment is refused or charged back, we may cancel the order or suspend delivery until full payment is received.

6. Delivery, Risk and Retention of Title We deliver to the countries indicated on our website. Delivery times shown are estimates. If an item is not available after your order is placed, we will inform you promptly. You may then choose to wait for availability or cancel your order and receive a refund. Risk of loss and damage passes to you upon delivery to the delivery address provided. For business customers, risk passes to you when the goods are handed over to the carrier. The Products remain our property until full payment of the purchase price has been received (retention of title).

7. Pre-Orders and Backorders (if applicable) From time to time, we may offer MelonFrame on a pre-order or backorder basis. Estimated shipping dates for pre-orders are indicative only. We will inform you by email of significant delays and you may cancel your pre-order for a full refund before shipment. Your statutory rights regarding delays remain unaffected.

8. Right of Withdrawal / Returns

8.1 EU/EEA Statutory Right of Withdrawal If you are a consumer residing in the EU or EEA, you have a statutory right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire physical possession of the goods. You are responsible for the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

8.2 Switzerland and Other Countries For customers in Switzerland and countries outside the EU/EEA, there is no automatic statutory right of withdrawal for online purchases. All returns are handled via our voluntary return policy.

8.3 Our Voluntary 30-Day Return Policy In addition to any statutory rights, we offer a voluntary 30-day return policy subject to the conditions outlined in our detailed Return Policy (published on our website). Under this voluntary policy:

  • Unopened items receive a full refund.

  • Opened but entirely unused items are subject to a 15% restocking fee.

  • Used items are non-refundable.

  • You are responsible for all return shipping costs, and original outbound shipping is non-refundable. To initiate a return, please contact us at [melonframe@melonautomation.com] with your order number.

9. Compatibility, Software and Third-Party Services MelonFrame requires a stable Wi-Fi network and the MelonFrame mobile app (available for compatible iOS and Android devices) to function. You are responsible for ensuring compatible hardware, adequate internet access, and correctly configured Wi-Fi. Some features may depend on third-party platforms. We are not responsible for decisions or changes made by such third parties.

Firmware & Security Updates: In compliance with applicable consumer laws regarding digital goods, we will provide the necessary firmware and app updates to maintain the security, conformity, and proper performance of the Product as reasonably expected. Certain updates may be mandatory for continued safe operation.

10. Warranty and Defects

10.1 Statutory Warranty If you are a consumer in the EU/EEA, UK or Switzerland, you are entitled to statutory rights in case of defects in the Product. These rights cannot be excluded and remain unaffected by these Terms. Typically, if the Product is defective at the time of delivery, you are entitled to subsequent performance (repair or replacement), and if this fails or is unreasonable, to a price reduction or rescission of the contract (depending on applicable law).

10.2 Contractual Warranty In addition to any statutory rights, we offer a voluntary 1-year limited commercial warranty on MelonFrame. This covers defects in materials and workmanship under normal use. The warranty does not cover:

  • normal wear and tear,

  • damage due to improper use, incorrect installation, accident, misuse, liquids, or unauthorized modifications,

  • damage caused by power supply or accessories not approved by us.

11. Liability We are liable without limitation for damage resulting from intent or gross negligence, injury to life, body or health, and any other mandatory liability under applicable law (e.g. product liability law). In all other cases, our liability for slight negligence is limited to the breach of essential contractual obligations. In such cases, our liability is limited to the foreseeable damage typical for this kind of contract. We are not liable for indirect or consequential damages, loss of data, lost profits, or business interruption, except where such liability is mandatory under applicable law.

12. Use of MelonFrame and Content You are responsible for the content you display on MelonFrame (e.g. photos, artwork, text) and for ensuring you have the necessary rights or permissions. You agree not to display or upload content that is illegal, hateful, discriminatory, infringes the intellectual property or privacy rights of others, or is otherwise inappropriate.

13. Intellectual Property All intellectual property rights in MelonFrame, including hardware design, firmware, app software, trademarks, and website content, are owned by or licensed to Melon Automation GmbH. You are granted a non-exclusive, non-transferable, revocable license to use the firmware and app software solely for operating MelonFrame in accordance with these Terms. You may not reverse engineer, decompile, disassemble, or modify the firmware or app software, except where prohibited by mandatory law.

14. User Accounts To use certain features, you may need to create a user account. You are responsible for maintaining the confidentiality of your login credentials. We may suspend or terminate accounts that are used in violation of these Terms, are involved in fraud, or are inactive for an extended period, where permitted by law.

15. Privacy and Data Protection We process your personal data in accordance with our Privacy Policy. By using our website and Products, you acknowledge that you have read and understood the Privacy Policy.

16. Changes to Products and Services We may make changes to Product design, firmware, or app functionality to improve performance, security, or user experience. As long as the core functionality is not unreasonably impaired, such changes do not constitute defects. We may discontinue certain digital features if they become economically unreasonable or third-party service providers cease their services. Your statutory rights regarding digital elements remain unaffected.

17. Changes to these Terms We may amend these Terms from time to time. The version in force at the time you place your order applies to that order.

18. Governing Law and Dispute Resolution These Terms and any contracts based on them are governed by the laws of Switzerland, excluding its conflict-of-law rules and the UN CISG. If you are a consumer residing in the EU/EEA, this choice of law does not deprive you of the protection afforded to you by mandatory provisions of the law of your country of residence. The ordinary courts of Zug shall have exclusive jurisdiction for any dispute, unless mandatory consumer jurisdiction rules provide otherwise.

EU Online Dispute Resolution: The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

19. Final Provisions If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain in full force and effect. The contract language is English. If we provide translations, they are for convenience only; however, mandatory consumer protection laws regarding language in your jurisdiction will be respected.