General Terms and Conditions
Scope of Applicability
These General Terms and Conditions (GTC) shall apply to all orders placed by customers via the Maxterra AG online shop www.yespshop.com (CHE-269.640.883), Laettichstrasse 6, 6340, Baar, Switzerland, Landline: +41 41 520 74 37, firstname.lastname@example.org.
These GTC can be called up, saved and printed out under the following link Service Terms and Conditions.
Contract conditions that deviate from the General Terms and Conditions, including those that the customer declares to be applicable together with the acceptance of the contract, shall only be valid if and to the extent that they have been expressly accepted in writing by the seller.
The GTC in the version valid at the time of the order shall apply. The seller may reserve the right to change these GTC at any time.
Products and services
The seller offers products and services for sale through an online catalog on the website of www.yespshop.com. The customer selects the products and services offered from the electronic catalog using the order form on the website and transmits the order to www.yespshop.com.
1. Subject Matter and Language of the Contract
The Offer in the online shop is aimed exclusively at adult consumers.
The main contract language is German. The online shop also offers other languages to choose from as support so that the visitors to the website and those who buy products and services whose mother tongue is not German can find their way around www.yespshop.com better. The website of www.yespshop.com is gradually being expanded and enhanced with additional language options. If a desired language is not available, you can inform us in the customer portal.
The seller shall assume no responsibility for translation errors, deviations in the meaning of statements in the translation to the main contract language or their other legal meanings that may arise from a translation.
2. Offer and Conclusion of the Contract
The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to make an order.
A Binding Order is placed only when the buyer has entered all the data required for the execution of the contract, has confirmed that he/she has read these GTC and has clicked on the field "ORDER WITH AN OBLIGATION TO PAY" (Order). Until the buyer clicks on this field, he/she can initially select products from the seller's range without obligation and place them in the shopping cart. Before placing the order, the buyer can enter and change the order data. Placement of the Binding Order shall be considered an offer made by the buyer to the seller to conclude a contract for the products listed on the order page and be done by clicking on the field "ORDER WITH AN OBLIGATION TO PAY".
Immediately upon receipt of the order, the seller shall confirm the receipt of the order (Confirmation of Receipt). For this purpose, the buyer shall undertake to provide the correct and accessible e-mail address when completing the order form.
The seller shall reserve the right to accept the order. The seller shall not be obliged to conclude a contract based on an order.
The Purchase Contract shall be deemed concluded only after the seller has confirmed the sending of the order by e-mail (confirmation e-mail) or by delivering the ordered products. If the order has included several products, the contract shall be deemed concluded for those products only that have been expressly listed in the confirmation e-mail or that have actually been delivered. In the case of prepayment, the Purchase Contract shall be concluded upon confirmation of receipt of the prepayment by the seller.
3. Prices and Shipping Costs
The prices are given in CHF and/or euros.
For orders and deliveries from Switzerland, the price is calculated tax-free. The customs service of the recipient country or the forwarding agent will directly invoice you (the buyer) for VAT, import costs and any customs fees. Sales tax, import duties and other costs associated with delivery shall be the buyer's responsibility. All customs formalities in the recipient country shall be the buyer's responsibility. If the customs administration of the buyer's recipient country requests certain documents for the import, these must be requested by the buyer from the seller when ordering the goods. Under no circumstances the seller can be held responsible for the goods ordered being not possible to be imported into the recipient country (the buyer's delivery address) due to the lack of documents.
The buyer must ensure that the items ordered are approved in the country of delivery; If an import has been refused by the customs administration of the buyer's recipient country, the buyer shall assume full responsibility and the costs associated with such refusal.
All packages delivered are to contain a corresponding invoice in which the items ordered and their sales price are specified.
In addition to the prices quoted, shipping costs may apply depending on the delivery address or product quantity. The exact shipping costs are shown to the buyer in the product offer in the online shop. The buyer shall confirm the shipping costs by confirming the order.
Certain products such as Burgerstein and Microcare are not to be delivered to Switzerland currently.
Unless otherwise stated in the online shop for the respective product, the delivery time is up to 30 working days depending on the delivery address and shipping method (e.g. Swiss Post or DHL or others).
If the seller has been unable to meet a delivery deadline for reasons for which he/she has been not responsible (non-availability of the products, e.g. due to force majeure), he/she shall notify the buyer immediately, stating the new expected delivery deadline, if applicable. If the new delivery deadline has been unacceptable to the buyer or if the products have partially or no longer available within the new delivery period, both contracting parties shall be entitled to withdraw from the contract with regard to the products in question. Any consideration already rendered by the buyer regarding the unavailable products shall be refunded to the buyer immediately.
The delivery shall take place under the condition of the seller's timely and proper pickup through the suppliers. The seller shall not be liable for delivery delays caused by manufacturers or third parties. The buyer will be informed immediately in the event of delivery delays.
If possible, the shipments shall be handed over personally by the delivery services, but without checking the recipient's identity at the specified delivery address. If no person has been found at the delivery address, the delivery can also be placed in the mailbox if this has been possible due to the size of the package. Otherwise, the delivery shall be deemed to have failed and will be repeated at the earliest possible point in time and after appropriate advance notice. Should the delivery of the products fail through the buyer's fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded.
5. Payment Terms
The means of payment offered to the buyer in the online shop shall be available to him.
In the event of default in payment, the seller shall be entitled to demand default interest in the amount of 5% of the invoice amount. The seller shall reserve the right to warn the buyer in advance, whereby the reminder fee shall be CHF 20.00 per reminder.
Offsetting against the unrecognized counterclaims or those not legally established by the buyer shall be excluded.
The buyer can only exercise a right of retention if the claims have been based on the same contractual relationship.
6. Voluntarily granted right of return
Regardless of the buyer's warranty rights, the Buyer shall also have a right of return. The buyer can assert this without giving reasons. If the buyer has returned purchased products within 14 days in perfect, unused condition and in the original packaging, the seller shall refund the full purchase amount. The costs for the return shall be payable by the customer.
The right to deduct the purchase price to be reimbursed or to issue an invoice for possible damage, excessive wear and tear of the goods or, if agreed, shipping costs for the products shall be reserved. No deduction will be made if the loss in value has been due to handling of the products that is necessary to determine the type, quality and functionality of the products. The seller can refuse the repayment until he/she has received the products back or the buyer has provided evidence that he/she has sent the products back, whichever is earlier.
The right of return shall not apply to the purchase of food, medication or dietary supplements.
7. Reservation of Proprietary Rights
The products shall remain the seller's property until they have been paid for in full by the buyer. The seller shall be entitled to make an entry in the register of proprietary rights at the buyer's place of residence. Pledging, assignment by way of security, processing or remodeling without the seller's consent shall not be permitted before the ownership has been transferred.
The seller shall reserve the right to assign or pledge the purchase price claims against the buyer, including any installment payments, interest on arrears and reminder fees, which arise in connection with delivered orders.
The buyer is obliged to check the delivered products as soon as it is possible in the normal course of business and to notify the seller of any defects immediately. If the buyer has failed to do so, the products shall be considered approved. The approval shall be deemed to have been given in any case, unless the buyer has send a notification of a defect in writing (whereby an e-mail will be enough) within eight (8) days from the delivery to the seller. Defects that were not recognizable during a proper inspection must be reported to the seller in writing immediately after their discovery (e-mail will be enough), otherwise the products ordered shall be deemed approved with regard to such defects.
The seller shall warrant the rectification of defects. This shall be done at the seller's option through supplementary performance, namely removal of a defect (subsequent improvement) or delivery of a defect-free item (replacement delivery). Products returned by the buyers become the seller's property.
If the subsequent performance fails, the buyer shall be entitled to withdraw from the contract. This shall not apply in the case of minor defects. A right to a price reduction shall be excluded.
The statutory warranty shall be at least two years. During this time the consumer can request the repair or replacement of the defective product. Should this fail, it is generally possible to withdraw from the contract or to refund the reduced value.
The seller's liability for slight negligence shall be excluded. Liability for auxiliary persons and substitutes shall be completely excluded. In particular, the seller shall not be liable for damage caused by one of the following causes:
- improper, contrary to contract or illegal storage, adjustment or use of the products;
- use of incompatible spare parts or accessories;
- failure to maintain and/or improper modification or repair of the products by the buyer or a third party;
- force majeure, in particular natural forces, moisture, fall and impact damage, etc., for which the seller has not been responsible, and governmental orders.
11. Transfer of Risk
The risk of unforeseeable loss and accidental deterioration of the ordered goods shall be transferred to the buyer when the goods have handed over or, in the case of sale by mail order, when the goods have delivered to the freight forwarder or the person or institution otherwise assigned to carry out the shipment.
12. Data Protection
13. Disclaimer of Liability
The disclaimer is available at Disclaimer.
14. Final Provisions
Should one or more provisions of GTC be or become ineffective, this shall not affect the validity of the remaining provisions.
Swiss Law shall apply exclusively. The application of the conflict of law rules and the UN Sales Law shall be excluded.
The competent court in Zug, Switzerland shall have exclusive jurisdiction for disputes arising from or in connection with these terms and conditions. The mandatory legal places of jurisdiction are reserved.
As of: 21.10.2020