GTC Retail Clients
- Scope of application
- Contractual partner and formation of contract
- Delivery caveat
- Contract languages and saving of the wording of the contract
- Terms of delivery and shipping costs
- Right to cancel
- Retention of title
- Transportation damages
- Warranty and guarantees
- Severability clause
- Applicable law and dispute resolution
1. Scope of application
The following General Terms and Conditions apply to all orders via our online shop by consumers The offer is aimed exclusively at individuals residing or with a delivery address in Switzerland or Liechtenstein. The Corporate Client GTC apply to businesses (e.g. resellers) and other non-consumers.
2. Contractual partner and formation of contract
The purchase contract is formed with YO|YOGA AG, Holbrigstr. 8a, CH-8049 Zurich, Switzerland.
By displaying the products in the online shop, we submit a binding offer to conclude a contract for these products. You can initially place our products in the shopping cart without obligation and adjust your entries at any time before submitting your binding order; use the designated correction tools explained in the ordering process to do this. The contract is concluded on acceptance of the offer for the goods contained in the shopping cart by clicking on the order button. You will receive another confirmation email directly after the order has been submitted.
3. Delivery caveat
If the product you ordered is not available because our reliable suppliers have not delivered the products to us through no fault of our own despite the placement of an identical order, we will notify you immediately thereof. We will consequently be released from our obligation to perform and may rescind the contract. Where you have already made payments, we will refund you these payments without undue delay.
Subject to timely supply to us, we will ensure prompt delivery. If part of the order is not immediately available because our reliable suppliers have not delivered the products to us on time through no fault of our own despite the placement of an identical order, we will supply the remaining goods at a subsequent date without charging for shipping costs again, provided this is reasonable to you.
4. Contract languages and saving of the wording of the contract
The languages available for contract conclusion are German and English and French.
We will save the wording of the contract and forward you the order details via email. The wording of the contact will no longer be accessible on the Internet for security reasons.
The prices include statutory value-added tax.
6. Terms of delivery and shipping costs
We only deliver by means of mail order. Unfortunately, the goods cannot be collected by the customer. We deliver free of shipping costs to Switzerland and Liechtenstein. However, if shipping costs are incurred, they will be shown separately.
The following payment methods are basically offered in our shop: There is no entitlement to the use of a specific method of payment. You shall only have a right of set-off if your counterclaims have been legally established or are undisputed by us.
By placing the order, you supply us with your credit card details at the same time. After proving your legitimacy as the rightful cardholder, we will request your credit card company to initiate the payment transaction immediately after your order. The credit card company will automatically execute the payment transaction and will charge your card.
After placing the order you will be redirected to the website of the online provider PayPal. To pay the amount due via PayPal, you must be registered on their site or register first, confirm your identity by entering your login details and provide us with confirmation of the payment order. You will be provided with further information during the order transaction. PayPal will then automatically execute the payment transaction.
If selecting prepayment as the method of payment, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of the payment.
8. Right to cancel
Consumers have a legal right to cancel as set out in our cancellation policy. Businesses are not granted any voluntary right to cancel
Further information about the terms and conditions when selling to businesses (e.g. resellers) and other non-consumers can be found in the Corporate Client GTC.
9. Retention of title
The goods shall remain our property until paid for in full. For customers based in Switzerland, we are entitled to make a corresponding entry in the Swiss Registry of the Retention of Title. Furthermore, you shall only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
10. Transportation damages
If goods are delivered with obvious damages, please point out these defects immediately to the delivery agent, and contact us without delay. Failure to make a complaint or to contact us does not have any effect on your statutory rights or their enforcement, or on the warranty rights in particular. However, it will help us assert our own claims against the carrier and/or transport insurance.
11. Warranty and guarantees
We are obliged to sell goods which are in accordance with the contract. Statutory warranty rights of the country in which you have your habitual abode shall apply.
You are obliged to check the delivered products as soon as feasible in the usual course of business and to communicate identified defects immediately to our customer service department at namaste(at)jadeyoga.ch. If you fail to do so, the products are deemed approved. Approval is, in any case, deemed to have been given unless you submit a notice of defects to customer service within 8 days after delivery via-email.
Defects which were not detected during a proper inspection in accordance with the above paragraph must be notified to our customer service immediately upon their discovery by sending an email to namaste(at)jadeyoga.ch, otherwise the ordered products shall also be deemed approved in respect of their defects.
A photograph of the defective product together with the order number and a detailed description of the defect should be sent to namaste(at)jadeyoga.ch. YO|YOGA will check the documents and then let you know how to proceed. The defective product must be returned only after this confirmation from YO|YOGA. We shall assume the transport costs incurred for any return.
We provide warranty by eliminating the defects. This is done at our discretion through supplementary performance, that is, elimination of the defect (rectification) or delivery of non-defective goods (replacement). Products returned by customers will once again become our property.
If supplementary performance fails, you are entitled to rescind the contract. This does not apply in the case of minor defects. A right to a price reduction is excluded. This exclusion of liability also applies to all claims competing with the warranty rights, be it those arising from contract (Article 97 et seqq. OR), offence (Article 41 et seqq. OR), avoidance of contract for mistake (Article 23 et seqq. OR.) etc.
We do not provide guarantees in the legal sense. As a matter of course, manufacturer warranties are hereby unaffected. We assume no liability for descriptions by third parties, in particular those provided by other customers in customer reviews published in the online shop or on our social media presences.
We shall always assume unlimited liability for claims due to damage that was caused by us, our legal representatives or agents
- in case of injury to life, limb or health
- in case of wilful or grossly negligent breach of contract
- in case of warranty assurances, where agreed
- to the extent the scope of application of the Product Liability Act applies.
Apart from these cases, our civil liability is limited to the direct damage foreseeable upon conclusion of the contract.
In derogation of this, all liability is waived except for the aforementioned mandatory liability cases (injury to life, limb or health, etc.).
The liability of auxiliary persons is waived in full.
We reserve the right to assign or pledge our due purchase price claims vis-à-vis you accrued in connection with deliveries of goods including any due instalments, default interest and dunning fees to third parties.
14. Severability clause
Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
15. Applicable Law and Dispute Resolution
Swiss law shall apply exclusively. Mandatorily applicable legal provisions or mandatory provisions which exclude a choice of law shall remain reserved. The application of the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods is excluded.
For disputes arising from or in connection with these GTC, the competent court in Zurich shall have exclusive jurisdiction. The mandatory statutory places of jurisdiction remain reserved.
Last revised: August 2023