General Terms and Conditions Josefina Yoga – Online Shop
1. Scope of validity
The general terms and conditions (hereinafter referred to as “GTC” or “GTC – Online Shop”) include all legal transactions concluded via the online shop https://josefinayoga.com/shop (hereinafter referred to as “J. Y. Online Shop”). This online shop is managed by Josefina Eliggi (hereinafter referred to as “the owner”). The owner reserves the right to change these terms and conditions at any time. The version valid at the time of the order is always applicable. This version can be viewed at https://josefinayoga.com/gtc-onlineshop.
The products and prices in the online shop are considered as an offer. The offer is valid as long as the product can be found in the online shop and is in stock.
3. Products and prices
The owner can set the prices freely and change them at any time. When ordering, the price published on the website is decisive. If prices have been published in error, the owner reserves the right to inform the buyer before shipping to agree on a price correction or to cancel the order.
Prices are quoted in CHF. VAT is currently not charged and therefore not shown, as J. Y. Online Shop is not subject to VAT.
The shipping and packaging costs are calculated and shown separately from the quoted price. Any cash on delivery charges incurred by the selected logistics partner shall be borne entirely by the customer.
4. Information provided
The owner makes every effort to keep the data published in the online shop up-to-date and correct. However, delivery delays may occur due to production/delivery bottlenecks and sales via other channels. Therefore, all information regarding availability and delivery time is without guarantee and may change at any time.
The owner accepts no responsibility for the accuracy or timeliness of information provided by other manufacturers, even though this information has been carefully researched.
5. Conclusion of contract
The purchase contract is concluded by sending (online) the order and the acceptance by the owner.
Prerequisite for a valid purchase contract is the complete and truthful filling out of the order form provided on the Internet and the acceptance of the present General Terms and Conditions (GTC – Online Shop).
The owner confirms receipt of the order with an automatically generated order confirmation by e-mail. This merely indicates to the customer that the order has been received and that the purchase contract has been concluded under the condition of the delivery possibility and the correct price indication.
6. Terms of delivery and collection
6.1 Availability and delivery
Products marked as “available” will normally be delivered within 0 – 2 working days between Tuesday and Friday from the time the order is received. There is no shipping on Saturdays, Sundays and Mondays. If a product is out of stock or incorrectly marked as “available”, the customer will be informed by e-mail or telephone and a new provisional delivery or collection date will be agreed upon.
If an item is no longer available and can no longer be procured by the owner, the owner can withdraw from the contract, but must refund the customer in full any payments already made for the product in question.
If the owner is not able to provide or ship the articles within 30 calendar days of receipt of the order (except for special orders, according to article 6.2), the customer has the right to withdraw from the contract. Any payments already made by the purchaser to the owner for the product in question will be fully refunded. There will be no further claims against the owner.
If additional shipping costs are incurred due to an incorrect delivery address or incorrect address data, these costs will be borne entirely by the buyer.
Unless otherwise agreed, the owner ships national orders by Swiss Post. The regulations, information and delivery times of the Swiss Post apply (available at https://josefinayoga.com/en/shipping-information).
6.2 Additional provisions Delivery
If the customer does not accept the goods delivered by the supplier within the agreed or specified delivery times, the owner can withdraw from the contract, cancel the order and charge the customer a processing fee of 15%, or a minimum of CHF 30.
7. Obligation to check
The delivered or collected products are to be checked by the buyer immediately after acceptance for completeness, correctness and for delivery damages. If there is a defect, the owner must be notified within 7 calendar days and the product must be in its original condition for a return.
8. Guarantee conditions and services
J. Y. Online Shop distributes articles of other manufacturers. J. Y. Online Shop has no influence on the durability and functionality of the products or the warranty of other manufacturers. Therefore, the guarantee details of the manufacturers apply, provided that they are valid in Switzerland.
In all other respects, Art. 197 et seq. of the the Swiss Civil Code apply.
A warranty claim can only be made by the customer if the purchase contract including a valid order form is presented. There is no warranty claim for damage caused by improper handling or defects that are due to external influences. These could be, for example, damage caused by the elements, moisture, fall and impact damage or damage caused by modifications.
J. Y. Online Shop can provide the warranty service by replacing the product as good as new.
9. Liability and disclaimer
The owner is only liable for the warranty services which are listed under point 8. Any further liability is excluded, in particular liability for damage that has not occurred to the products themselves. These can be indirect and consequential damages such as loss of profit, unrealized savings, or damages resulting from delay in delivery. Furthermore, the owner is not liable for damages caused by improper storage.
The invoice for the goods must be paid in the currency indicated therein and immediately upon or after sending the order. The following means of payment are accepted in the online shop: Credit cards via PayPal transfers or bank transfer in advance. If you choose the payment method “bank transfer”, the goods will be retained until payment is received. In this case the payment must be received within 5 working days on the bank account indicated in the automatic order confirmation, otherwise the owner can withdraw from the contract and charge the customer a handling fee of 15%, or a minimum of CHF 30.
11. Right of rescission/and cancellation
By placing an order, the buyer is obliged to accept the products and services.
However, she/he has the right to return the purchased goods within 30 days from the date of purchase. The date of the postmark or the date of collection is decisive. Damaged or incomplete products will not be taken back.
The return of the products is at the expense and risk of the buyer. A valid proof of purchase must be available and presented. The products must be returned in their original packaging, complete and well protected to the following address:
12. Data protection
J. Y. Online Shop only collects personal data that is necessary for the conclusion of the contract. These are not used without the separate consent of the buyer.
The data will only be passed on to third parties if this is necessary for processing the order. In the case of home delivery, this concerns the logistics partner (e.g. post office, etc.) and in the case of payment processing, the credit institution (e.g. PayPal, etc.).
You can find detailed information in the data protection regulations.
13. Application of law and place of jurisdiction
The relationship between J.Y. Online Shop and its clients is exclusively subject to Swiss law. Place of jurisdiction is Zurich.
Version GTC – Onlineshop: 14th February 2021