GTC Retail Clients

1. Scope of application
2. Contactual partner and formation of contract
3. Delivery caveat
4. Contract languages and saving of the wording of the contract
5. Prices
6. Terms of delivery and shipping costs
7. Payment
8. Right to cancel
9. Retention of title
10. Transportation damages
11. Warranty and guarantees
12. Liability
13. Assignment
14. Online 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, Liechtenstein or a Member State of the European Union. The Corporate Client GTC  apply to businesses (e.g. resellers) and other non- consumers.

 

2. Contactual 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 basket 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 basket 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 e-mail. The wording of the contact will no longer be accessible on the Internet for security reasons.

 

5. Prices

The prices include statutory value-added tax. Custom duties and import turnover tax, to which we draw your attention during the ordering process, may be incurred for deliveries outside the EU.

 

6. Terms of delivery and shipping costs

WWe only deliver by means of mail order. Unfortunately, the goods cannot be collected by the customer.
Shipping costs are added to the given product prices. You can find out more details about the amount of the shipping costs in the offers.

 

7. Payment

The following payment methods are basically offered in our shop: There is no entitlement to the use of a specific method of payment.

Credit card

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.

PayPal

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.

PayPal Express

After clicking the button "Direct to PayPal", you will be redirected to the website of the online provider PayPal before completing the ordering process in our online shop. In order to transact the order, process via PayPal and pay the invoice amount.You need to be registered on their site or register first and confirm your identity by entering your login details. There you can select the delivery address and payment method stored with PayPal and confirm the use of your data by PayPal. You will be provided with further information during the order transaction. You will then be redirected to our online shop where you can complete the ordering process. Once the order has been placed, we will immediately request PayPal to initiate the payment transaction. PayPal will then automatically execute the payment transaction.

Prepayment

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.

 

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.

For customers residing in France:

Garantie légale de conformité

La garantie légale de conformité est prévue aux articles L.211-4 et suivants du code de la consommation.

Au titre de la garantie légale de conformité nous sommes tenus de répondre des défauts de conformité du bien vendu existant lors de la délivrance du contrat dans les conditions de l’article L.211-5 du Code de la consommation. Cependant, nous ne sommes pas tenus par les déclarations publiques du producteur ou de son représentant si nous ne les connaissons pas.

Lorsque vous agissez au titre de la garantie légale de conformité:

Vous bénéficiez d’un délai de 2 ans à compter de la délivrance du bien pour agir.

Vous pouvez choisir entre la réparation et le remplacement du bien, sous réserve des conditions de coût prévues par l’article L 211-9 du code de la consommation.

Vous êtes dispensés de rapporter la preuve de l’existence du défaut de conformité du bien durant les 6 mois suivant la délivrance du bien. À compter du 18 mars 2016, ce délai sera allongé à 24 mois.

Garantie légale des vices cachés

La garantie légale des vices cachés est prévue aux articles 1641 et suivants du Code civil.

Au titre de la garantie légale des vices cachés nous sommes tenus de répondre des défauts cachés de la chose vendue qui la rendent impropre à l’usage auquel on la destine ou qui diminuent tellement cet usage que l’acheteur ne l’aurait pas acquises ou en aurait donné un prix moindre s’il les avait connus.

Lorsque vous agissez au titre de la garantie légale des vices cachés :

Vous bénéficiez d’un délai de 2 ans à compter de la découverte du risque pour agir.

Vous pouvez choisir entre la restitution du bien et le remboursement du prix ou la conservation du bien et le remboursement d’une fraction du prix.

The following rule applies to customers residing in Switzerland and Liechtenstein:

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 info(at)yoyoga.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 e-mail to info(atyoyoga.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 info(at)yoyoga.ch. Yoyoga will check the documents and then let you know how to proceed. The defective product must be returned only after this confirmation from Yoyoga. 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.

 

12. Liability

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.

The following rule applies to customers residing in Switzerland and Liechtenstein:

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.

 

13. Assignment

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. Online dispute resolution

Online dispute resolution in accordance with Article 14 (1) ODR-VO: The European Commission provides a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/.