GTC Wholesale Clients

1. Scope of application
2. Contractual partner and formation of the contract
3. Delivery caveat
4. Contract languages
5. Prices
6. Terms of delivery
7. Payment
8. Retention of title
9. Returns or exchanges
10. Warranty and guarantees
11. Liability
12. Data privacy
13. Assignment
14. Severability clause
15. Applicable law and place of jurisdiction

 

1. Scope of application

The following General Terms and Conditions apply to all orders placed by businesses (e.g. resellers) and other non-consumers through our online shop. The Consumer General Terms and Conditions apply to orders placed by consumers.
The offer is aimed exclusively at businesses and non-consumers with registered office, domicile or delivery address in Switzerland, Liechtenstein or a Member State of the European Union and the European Economic Area.

These GTCs are solely applicable to legal relationships between us and you in connection with the use of the online shop as well as orders and purchases made through the online shop. Barring any written agreements to the contrary, other general terms and conditions, e.g. your own, are not applicable.

 

2. Contractual partner and formation of the contract

The purchase contract is formed with YO|YOGA AG, Holbrigstr. 8a, CH-8049 Zurich, Switzerland.
The presentation of products in our online shop does not constitute a legally binding offer; it is a non-binding online catalogue of products.

A binding order is only triggered when you have entered all data required for performance of the contract, confirmed notice of these General Terms and Conditions and clicked on the button "Buy now". Until you click this button, you can place products in the basket without obligation. You can change your data up to that point at any time. Submission of the order will be deemed your binding offer to us to conclude a contract.

After placing your order you will receive an automatically generated confirmation of receipt of your order via e-mail. This includes the details of your order. The acknowledgement of receipt does not mean a contract has been formed; the acknowledgement of receipt only documents that your order has been received.

The contract is concluded when we declare acceptance of the contract. We declare acceptance of the contract by confirming the order (order confirmation) via e-mail that the goods are leaving our warehouse (shipping confirmation) or that we are delivering the goods to an address of your choice. If you select the payment method PayPal or prepayment, the contract will be concluded at the time of your confirmation of the payment order to PayPal or prepayment. If you select the credit card payment, the contract will be concluded at the time of credit card debiting.

The contract is binding only on those products that are explicitly listed in our order confirmation or delivery confirmation. The scope of services is also exclusively derived from this.

 

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

The languages available for contract conclusion are German and English and French.

 

5. Prices

Shipping costs are added to the given product prices. You will be informed separately about the shipping costs during the ordering process.

 

6. Terms of delivery

We only deliver by means of mail order. The goods cannot be collected by the customer.

 

7. Payment

The following payment methods are basically offered in our shop: There is no entitlement to 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. The payment transaction is automatically executed by PayPal immediately thereafter.

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 executed 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. 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. If you are a business exercising a commercial or independent professional activity, or a legal entity under public law or separate estate under public law, the goods shall remain our property until settlement of all outstanding claims arising from the business relationship with you. The corresponding security interests are transferable to third parties.

You shall have a right to offset only if your counterclaims are legally enforceable or are not contested by us or are ready to be adjudicated upon. Furthermore, you also have a right of retention if and insofar as your counterclaim is based on the same contractual relationship. In case of defects of the delivery, the warranty rights remain unaffected.

 

9. Returns or exchanges

Returns or exchanges of ordered products are generally excluded and may only take place after consulting us and obtaining our authorisation in writing. There is no entitlement to authorisation.

Where we authorise a return or an exchange, the products returned by you must be in an undamaged, functional condition and in their original packaging.

 

10. Warranty and guarantees

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, shall be notified to our customer service immediately after discovery by sending an e-mail to info(at)yoyoga.ch, otherwise the ordered products shall also be deemed approved in respect of these 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. Any 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 in relation to contract (Article 97 et seqq. Swiss Code of Obligations "OR"), offence (Article 41 et seqq. OR), avoidance of contract for mistake (Article 23 et seqq. OR.) etc.

The warranty claims of companies and non-consumers shall lapse within 6 months, even if a defect would be subsequently discovered.

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.

 

11. Liability

We exclude all liability. This does not affect liability

  • 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.

In addition, liability in respect of auxiliary personnel within the meaning of Article 101 (2) OR is fully excluded.

 

12. Data privacy

The collection and the processing of your personal data by us is explained in the data privacy statement. The latter forms an integral part of these General Terms and Conditions. The data privacy statement can be downloaded from here.

 

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. Severability clause

Should a provision of these GTCs be or become void, it the remaining provisions of these GTCs shall remain unaffected. The void provision shall be replaced by a valid provision which best achieves the same economic purpose to be achieved with the void provision.

 

15. Applicable law and place of jurisdiction

These GTCs and the purchase contracts concluded with businesses or non-consumers via our online shop are governed by Swiss substantive law to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.

The courts in Zurich, Switzerland, have exclusive competence for settling disputes in connection with or under these GTCs as well as setting disputes related to purchase contracts concluded through our online-shop.

Last revised: May 2017.