1. SCOPE OF APPLICATION / GENERAL
1) The present general terms and conditions (GTC) of the company Yajar/ Vision AG, Neustadtstrasse 16, CH-6003 Luzern (Yajar) regulate the business relationship (including services and product deliveries) of Yajar (seller) and their customers (buyer). The terms and conditions become part of every contract that a customer concludes with Yajar.
2) The offer of Yajar is limited to the territory of Switzerland.
In case of any discrepancy between the English and German version of the Terms and Conditions, the German version shall prevail.
2. REGISTRATION / ORDER PROCESS
- The registration in the online store on www.yajar.ch and http://www.yajar.ch is reserved exclusively for persons with legal capacity. It is free of charge. There is no entitlement to admission to the online store. The data necessary for the registration are to be indicated by the customer completely and truthfully. The customer is responsible for updating his data.
- The customer has to take care in particular that the e-mail address given by him is up to date / reachable from the time of the indication and that a reception of Yajar e-mails is not excluded due to forwarding, shutdown, spam or overfilling of the e-mail account.
- An email with current news or special promotions may be sent to the email address provided during registration. The customer can unsubscribe from this email at any time by clicking on the appropriate link at the very bottom of the email.
- The products and (services) presented on the Yajar website do not constitute binding offers, but are to be understood as an invitation to submit an offer.
3) Placing of order / Conclusion of contract
- Orders are placed exclusively online via the order page on www.yajar.ch.
- The customer is free to choose the place and time of delivery, within the limits of the possibilities defined by Yajar online.
- If products are only listed on the order page or in the shopping cart, this is not considered a binding order. Only by clicking the button [COMPLETE ORDER] or by the completed payment process the customer makes a binding order of the products listed on the order page or in the shopping cart.
- With the completion of the order, the customer makes a binding offer to conclude a purchase contract and thereby also confirms the accuracy of all information provided by him.
- Yajar is free not to accept an order – for whatever reason – and to refuse its confirmation. In this respect, acceptance by Yajar is subject to the legal admissibility and availability of the ordered products and (services).
- Immediately after receipt of the order, the seller confirms the receipt of the order by e-mail to the e-mail address provided by the customer -at registration-. This constitutes a valid purchase contract between the buyer and the seller.
4) Minimum order value
- There is no minimum order value.
5) Changes and cancellation of orders
- Subsequent changes and cancellations of already confirmed orders are not possible.
1. Delivery of products and collection
- Product deliveries are made directly to the delivery address selected by the customer when placing the order or are ready for collection on the delivery date defined by the customer at the specified collection address in a refrigerator provided and marked by Yajar.
- Delivery will be made by Yajar’s personal delivery service or delivery partners, depending on the delivery location.
- It is guaranteed by the Seller that the ordered products will leave the production in perfect and appropriate refrigerated condition.
- The collection of the products has to be done by the customer during the opening hours of the chosen delivery address. Any changes in the opening hours are to be checked by the Customer and are not the responsibility of Yajar.
- The Customer undertakes to collect the ordered Products at the latest one (1) day after the selected delivery date at the selected delivery address. Products not collected will be disposed of after this period -for hygienic reasons.
- When collecting the products, the Customer is requested to take only those (ordered) products from the Yajar refrigerator on which the Customer’s details are noted.
2. Delivery times and compliance with delivery terms
- Yajar and its delivery partners make every effort to meet delivery deadlines. However, all delivery times announced by the Seller are for guidance only. Failure to comply with the delivery times does not give the customer the right to withdraw from the contract or claim damages.
3. Delivery charges
- Any delivery charges shall be explicitly stated directly during the order process or in the price quotation.
For all users of the “External companies” user group, the minimum order amount is 300 CHF in order to have free shipping and below that amount, there is a shipping fee of 100 CHF. For all other users (administrators & VA companies) the shipping is still free of charge.
This is all automated and in place.
4. Transfer of risk
With the handing over of the products, respectively the delivery of the products at the delivery address chosen by the customer and depositing in the corresponding Yajar refrigerators, benefit and risk, especially the risk of theft, damages by third parties and environmental influences are transferred to the customer.
The customer has the possibility to return the empties to one of Yajar’s pick-up addresses. For this purpose Yajar provides explicitly for the return of containers equipped installation at the respective pick-up stations. For this purpose, the customer has to make sure that his customer details are compulsorily shown on/in the empties for identification purposes.
Clean empties can be collected from the customer during the next delivery.
4. PRICES AND PAYMENT
1. Price conditions
All prices are in Swiss francs (CHF), including applicable value added tax and any other price components (e.g. shipping costs).
The prices as displayed on the Internet site at www.yajar.ch at the time of the customer’s order are decisive.
The seller reserves the right to adjust prices at any time, e.g. as a result of changes in taxes, fees, charges and/or pricing errors.
Payment must be made upon completion of the order, i.e. in advance. The payment methods that can be selected are displayed for selection in each case when the order is completed. However, the payment method “invoice” is available only after written request. If a customer is in arrears with the payment of previous invoice amounts at the time of the order or if the personal credit limit has been exceeded, the payment method “invoice” is not available. Offsetting against counterclaims of the customer is excluded.
At Yajar only vouchers can be accepted, on which Yajar is explicitly mentioned as place of redemption.
Invoices are always sent electronically by e-mail to the e-mail address given by the customer -at registration-. All invoiced amounts are payable within 14 days, unless other terms are stated. Unauthorized deductions will be charged subsequently. After this period the customer is in default even without a reminder. Yajar is entitled to charge a default interest in the amount of 5%, unless otherwise agreed.
5. PRODUCT INFORMATION
1. The product information published on www.yajar.ch is updated regularly and with the utmost care. In exceptional cases, this information may differ from the actual information printed on the packaging. In this case, the information on the package is always decisive.
Yajar reserves the right to make changes to the formulation at any time and therefore advises the customer to regularly consult the list of ingredients and to pay attention to the allergy warnings.
6. WARRANTY AND LIABILITY
1. To deliver all ordered products in sufficient quantity and high quality is the first priority of Yajar. Nevertheless, in exceptional cases, it may happen that, for various reasons, not enough products are available or cannot be released for delivery.
2. If products are not available at the time of delivery or only available under difficult circumstances due to reasons for which neither Yajar nor its delivery partners are responsible (e.g. wrong delivery address, absence of the recipient, missing access permit, bad weather or traffic conditions), these will neither be forwarded nor will replacement items be delivered. If a product is not delivered despite payment, the corresponding amount will be credited to the customer. There will be neither a subsequent delivery nor a claim for reduction and/or damages.
3. The customer must inspect the products upon receipt and notify the seller in writing of any complaints regarding defects or incomplete or incorrect delivery without delay, at the latest within 24 hours of the delivery date. Otherwise the delivery is considered as accepted.
4. The liability of Yajar for its own fault as well as the fault of its employees, legal representatives and vicarious agents is limited to intent.
7. CUSTOMER SERVICE / COMPLAINTS
1. Yajar offers information and personal support for questions, problems or complaints regarding the services and products of yajar.ch.
8. SEVERABILITY CLAUSES
1. Should any provision of these general terms and conditions or parts thereof prove to be unenforceable or invalid, this shall not affect the validity of the remaining provisions. The relevant statutory provisions shall apply in place of the invalid provision or parts thereof.
9. APPLICABLE LAW AND PLACE OF JURISDICTION
1. Exclusively Swiss law is applicable, under exclusion of the Vienna Sales Convention (CISG).
Place of jurisdiction is the registered office of Yajar / Vision AG (CH 8001 Zürich).