General Terms and Conditions of Joy Cigarettes Ltd. (hereinafter referred to as "GTC")
(Version February 2019)
Reseller
1. Scope of application
These GTC apply from February 2019 for all contractual relationships between Joy Cigarettes Ltd. and its customers.
A customer is defined as any legal or natural person domiciled in Switzerland who maintains business relations with Joy Cigarettes Ltd. (end customers and resellers). The Customer undertakes to identify himself to Joy Cigarettes Ltd.. The GTC, the terms of delivery and payment, and the data protection provisions may be amended from time to time. Joy Cigarettes Ltd. requests that you read the current provisions carefully each time you order goods.
By transmitting the order or concluding a contract, these General Terms and Conditions shall be deemed expressly accepted by the customer. These General Terms and Conditions apply exclusively. Conflicting, supplementary or deviating terms and conditions require the express written confirmation of Joy Cigarettes Ltd. in order to be valid.
2. Information on the website
The website of Joy Cigarettes Ltd. informs about products and terms and conditions. All details on www.joycigarettes.ch / www.joycigarettes.com (product descriptions, illustrations, films, dimensions, weights, technical specifications and other details) are to be understood only as approximate values and in particular do not represent any assurance of properties or guarantees, unless this is explicitly noted. All details and information on this website are as correct and complete and up-to-date as possible, but Joy Cigarettes Ltd. can neither expressly nor tacitly give any guarantee.
3. Ordering procedure
Orders can be placed in writing via info [at] joycigarettes.ch as well as info [at] joycigarettes.com. Orders from abroad and deliveries abroad cannot currently be accepted and executed for legal reasons.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. Joy Cigarettes Ltd. is under no obligation to accept orders in individual cases. A contract is only concluded when Joy Cigarettes Ltd. accepts the order. Joy Cigarettes Ltd. will invoice each order placed by the customer. The invoice shall be issued at the prices in Swiss francs valid on the order date, including VAT. If the goods are delivered to the end customer, the charges for packaging, shipping and postage shall be charged to the end customer and shall be borne by him. In the case of end customers, the goods are usually sent by post.
Orders, provided that these are accepted by Joy Cigarettes Ltd., are usually only executed after complete receipt of payment. If, after conclusion of the contract, it becomes apparent that the ordered goods cannot be delivered or cannot be delivered in full, Joy Cigarettes Ltd. is entitled to withdraw from the entire contract or from one part of the contract. If in such a case the payment of the customer has already been received, the payment will be refunded to the customer. If payment has not yet been made, the customer shall be released from the obligation to pay.
In any case, Joy Cigarettes Ltd. is entitled to withdraw from the contract without cost consequences until the delivery has been dispatched.
4. Prices
All products are provided with a retail price. Errors excepted.
Joy Cigarettes Ltd. reserves the right to change the prices for products, delivery and logistics as well as other services at any time. Joy Cigarettes Ltd. is also entitled to adjust the retail prices printed on the products at any time. In particular, Joy Cigarettes Ltd. is free to decide whether to pass on any cost changes in material and manufacturing costs, fees, customs duties and taxes of any kind to the prices.
5. Deliveries
Deliveries shall, if the order is accepted by Joy Cigarettes Ltd., generally be carried out after receipt of payment by Joy Cigarettes Ltd.. Should there be delays, the customer will be informed.
As a rule, delivery periods of several days are to be expected. Joy Cigarettes Ltd. reserves the right to extend the delivery periods. If there is a delivery bottleneck for a product for which a contract has been concluded, Joy Cigarettes Ltd. will contact the customer immediately.
Each delivery is to be checked immediately after arrival at the customer by him for completeness and possible defects. Complaints are to be reported to Joy Cigarettes Ltd. within 24 hours of receipt to info [at] joycigarettes.ch or info [at] joycigarettes.com. Otherwise, the customer acknowledges that the delivery was free of defects and complete.
6. Transfer of risk/right of return
With the delivery of the goods to the Customer by Joy Cigarettes Ltd. or by a forwarding agent designated by Joy Cigarettes Ltd., e.g. Post, the benefit and risk of the products shall also pass to the Customer.
The customer has no right of return or revocation.
The purchase by end customers does not constitute a door-to-door transaction.
7. Invoicing / terms of payment
The invoice is issued immediately after ordering the goods and is part of the contract between Joy Cigarettes Ltd. and the customer.
In the event of late payment, Joy Cigarettes Ltd. is entitled to charge reminder fees of CHF 20.
8. Liability
Joy Cigarettes Ltd. excludes any liability for slightly negligent breaches of contract on its part. The same applies to breaches of contract by its assistants and substitutes. Joy Cigarettes Ltd. accepts no responsibility for errors that are not within its sphere of responsibility. Any liability for consequential damages is excluded to the extent permitted by law. In addition, no liability will be assumed as a result of improper handling or use of the products.
The customer is responsible for whether the use of the goods outside Switzerland is legally permissible. Joy Cigarettes Ltd. accepts no responsibility for this.
In cases of force majeure, Joy Cigarettes Ltd. is entitled, at its own discretion, to terminate contracts or postpone delivery for a period appropriate to the individual case. Any liability for damages resulting from the termination of the contract or the delay in delivery is excluded. Force majeure includes natural disasters, acts of war, strikes, pandemics, changes in the law and all other major obstacles to distribution for which Joy Cigarettes Ltd. is not responsible.
9. Warranty
The Joy Cigarettes Ltd. assures the quality of its products according to its product descriptions, however smaller deviations can occur with natural products. These minor deviations do not entitle the customer to withdraw from the contract or to a price reduction. Any further warranty or liability for consequential damages is excluded to the extent permitted by law. In any case, Joy Cigarettes Ltd. has the right, in the event of a warranty claim by the customer, to supply products at its discretion.
10. Data protection
The Joy Cigarettes Ltd. may process and use the data recorded within the framework of the conclusion of the contract for the fulfilment of the obligations arising from the purchase contract. The data required for the performance of services may also be passed on to commissioned service partners (e.g. logistics partners) or other third parties. Please also note our privacy policy.
11. Health
The customer (in particular the end customer) confirms with the order that he is aware of the risks involved in smoking. Joy Cigarettes Ltd. cannot be held responsible for any damage to health.
12. Further
Joy Cigarettes Ltd. expressly reserves the right to change these GTC at any time and to suspend them without prior notice.
If parts of these GTC should be ineffective, this shall not affect the validity of the remaining provisions. The ineffective provisions shall be replaced analogously by the relevant statutory provisions.
In the event of disputes, only substantive Swiss law shall be applied to the exclusion of conflict-of-law provisions to the extent permissible. The UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 and CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction shall be Zug/Switzerland insofar as the law does not provide for other mandatory places of jurisdiction.
13. Contact
Reverse number.: 2010
VAT-number CHE-167.585.497 VAT
Domicile / Address: Joy Cigarettes Ltd., Dammstrasse 19, CH-6300 Zug
Website: www.joycigarettes.ch / www.joycigarettes.com
Joy Cigarettes Ltd. / 2. February 2019
The original German version is binding.