General terms and conditions of business
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General terms and conditions
These general terms and conditions of sale apply to all contracts, purchases or the use of services concluded between you as a customer and us as the operator of the online store. In the course of the ordering process, you accept the GTC in the version applicable at the time of placing the order. All verbal and telephone agreements must be confirmed in writing to be binding. The requirement of writing is also fulfilled if an agreement is contained in an e-mail.
The operator of the online store at www.yeryerly.com (hereinafter referred to as “Online Shop”) and the contractual partner of the Customer is: Yeryerly Cosmetic, Zollikerstrasse 57, 8702 Zollikon. Our range of goods in the online store is aimed exclusively at persons with a delivery address in Europe and the countries of Latin America (hereinafter referred to as “Customers”).
The special conditions applicable to the purchase of certain items or the use of certain services are defined below: The product and service offers published online are only valid as long as they are visible on the website and while stocks last. The images on the website are not binding and are for illustrative purposes only. The information on magazines and leaflets is non-binding and for explanatory purposes only. Yeryerly declines any responsibility for possible errors or inaccuracies related to the mentioned explanations, illustrations, etc. in the mentioned magazines or leaflets.
Conclusion of the contract
Articles and prices published in the online store are considered as an offer. However, this offer is always subject to the condition of an incorrect price quote or an impossibility of delivery.
The contract is concluded as soon as the customer places his fully completed order by confirming the terms and conditions and clicking the button “Buy now”. The arrival of the order is communicated to the customer by an automatically generated order confirmation to the e-mail address provided by the customer.
The receipt of this order confirmation does not contain any promise that the article is actually available or can be delivered. It merely informs the Customer that the order has been received by Yeryerly Cosmertic. The contract is only concluded for those articles that are expressly listed in the invoice, order confirmation or shipping confirmation. This also conclusively determines the scope of services.
The data stored by Yeryerly Cosmetic serves as proof of the conclusion of the contract and the transaction.
The customer has the option to open a customer account. In the customer account, the order data can be viewed after entering the personal access data. The online store reserves the right to block customer accounts at its own discretion without giving reasons.
The prices shown in the online store are quoted from US dollars into the corresponding currencies, according to the corresponding conversion factor, including value added tax, if applicable an advanced recycling fee and copyright fees. Specific handling fees and shipping costs are not included. These will be shown and charged separately.
Yeryerly Cosmetic reserves the right to change prices and conditions at any time. The prices and conditions valid on the order date and listed on the order confirmation always apply to the products ordered by customers.
Terms of payment & retention of title
Invoiced is the price indicated on the order confirmation to the customer. Unless otherwise agreed, payment for all products, services and supplies may be made by credit card (VISA, EuroCard/MasterCard, American Express, Diners), debit card Postcard or instant bank transfer. All payment transactions are processed according to the highest possible security standard in the secured zone (“https://”). The data stored on behalf of Yeryerly Cosmetic shall be considered as evidence of all transactions that took place between the Online Shop and the Customer. The data stored by the payment system shall be considered as evidence of the financial transactions. The Customer shall only be entitled to rights of set-off and or retention to the extent that the claim has been legally established or is undisputed. This does not affect the customer’s counter rights in the event of defects in the delivery.
Until full payment of the respective invoice amount of a delivery (final and unconditional crediting of the total purchase price), Yeryerly Cosmetic shall retain ownership of the delivered goods in any case. The online store is entitled to make a corresponding entry in the retention of title register. It should be noted that the online store is primarily geared to the needs of private customers. For this reason, it is not possible to subsequently generate invoices, receipts or VAT statements for online orders.
Duty to examine and to give notice of defects, liability for defects
The customer is obliged to inspect the delivered articles as soon as it is given after the usual course of business and to communicate recognized lack within 10 days to the Yeryerly customer service in form of a notice of defect under firstname.lastname@example.org. The customer is also obliged to inform the Yeryerly customer service about any defects. If the Customer fails to do so, the items shall be deemed approved. Defects that were not recognizable during the proper inspection must be reported immediately after their discovery to Yeryerly Customer Service by e-mail email@example.com, otherwise the ordered articles are considered approved also with regard to these defects (Art. 201 CO).
The defective item must be returned with a copy of the invoice and the detailed description of the defect. The return address will be communicated to the customer by e-mail after receipt of the written notice of defect. Yeryerly Cosmetic provides a warranty for the rectification of the defects. This shall be done at the discretion of Yeryerly Cosmetic by means of subsequent performance, namely by remedying the defect (rectification) or by supplying an article free of defects (replacement). Replaced items shall become the property of Yeryerly Cosmetic.
If the subsequent performance fails, the Customer is entitled to withdraw from the contract. This does not apply in the case of an insignificant defect. A right of the customer to a reduction is excluded. This exclusion of liability also extends to all claims that compete with the warranty rights, be it those arising from contract (Art. 97 ff CO), tort (Art. 41 ff CO), rescission of the contract due to error (Art. 23 ff CO), etc. Normal wear and tear as well as the consequences of improper handling or damage by the customer or third parties as well as defects caused by external circumstances are not covered by the warranty: In particular, worn, dirty or damaged articles. Likewise articles, with which the labels and/or safety devices such as Hangtags or safety threads were removed.
The existence of a dispute does not release the customer from the obligation to pay the invoice or the total value of the dispute.
The customer does not receive any guarantees from the online store in the actual legal sense. Manufacturer’s warranties remain unaffected by this, of course. The online store assumes no liability for descriptions of third parties, in particular by customers in the context of customer reviews published in the online store or our social media presences.
Warranty cases are handled within the specified warranty periods at the checkout of the respective department. The warranty certificate and invoice with any serial number of the product must be presented. The warranty exchange does not lead to an extension of the original warranty period.
Right of return
The customer has the right to return the delivered items during 14 calendar days (from the date of delivery or receipt confirmation). Reduced articles are excluded from return. The return deadline is met if the articles are handed over to the post office or another shipping company or to Yeryerly customer service for return on the last day.
Only items that are in their original packaging, unused, clean, completely returned and undamaged, together with the completed return form and any warranty certificate will be accepted. Sealed and plastic-wrapped items can only be returned in unopened condition. Any seal must not be broken. Likewise, the labels and/or safety devices such as hangtags or safety threads may not be removed. Excluded from the right of return are: Gift cards, special orders.
The goods must be returned to the following address, enclosing the completed return slip included in the delivery and a copy of the invoice:
Depending on the customer group, the customer or the online store bears the costs of the return. Shipping costs and gift wrapping costs will not be refunded. Promotional and discount vouchers will also not be refunded. If the goods are not returned in proper condition, we will charge the customer for the loss in value incurred. The return of the goods can be made free of charge at Yeryerly Cosmetic in Santo Domingo and in Zollikon customer service. If the goods are returned properly, the customer will be refunded the total price paid by credit note after inspection of the goods. A refund will always be made on the means of payment used for the purchase. In the case of refunds from purchase on account, the credit will be made to the corresponding account of the customer.
An exchange by mail is not possible. An exchange at Yeryerly is only possible with identical items that are returned unused, clean and undamaged in the original packaging. The exchange will take place at the checkout of the respective department. The delivery bill or order confirmation must be brought along. Any difference in cost will be settled by the respective means of payment. If the goods were delivered defective, the procedure is the same as for a return. Yeryerly must be informed so that a return is still possible. It should be noted that in the case of gift cards, special orders the return and therefore an exchange is not possible.
Yeryerly Gift Card
The Yeryerly gift card is valid in the Yeryerly store as well as in the online store. The card balance can be checked and reloaded at any checkout. The balance will be carried forward and cannot be paid out in cash, exchanged for vouchers or credited to a credit card. The card will not be replaced if lost or stolen. The gift card will be mailed or can be picked up at Yeryerly Customer Service. The minimum amount for a gift card is CHF 50.
Delivery & transfer of risk
The online store limits deliveries to Europe and Latin America. Delivery is made directly to the delivery address and contact person provided by the customer.
Delivery is subject to the condition of timely and proper self-delivery by our suppliers. The online store is in no case liable for delays in delivery.
If not all ordered items are in stock, the online store is entitled to partial deliveries. Should it become apparent after the conclusion of the contract that articles cannot be delivered from the point of view of the online store either in part or in total for reasons for which the online store is not responsible, the customer is entitled to withdraw from the contract.
Our performance is a Schickschuld and fulfilled with the handover to the transport company. After shipment, the risk of accidental deterioration and accidental loss of the goods shall pass to the customer. Yeryerly Cosmetic shall not be liable for any fault of the transport company used.
The delivery times stated in the online store are calculated from the time of order confirmation.
All cases of breach of contract and their legal consequences, as well as all claims of the customer, regardless of the legal basis on which they are made, are conclusively regulated in these GTC. Other claims of the customer are excluded. Yeryerly Cosmetic shall not be liable for damages that did not occur to the goods themselves, in particular not for consequential damages, loss of profit or other financial losses of the Customer.
Termination of contract
Should the Customer fail to meet one of its obligations, or only partially, or fail to meet a payment deadline, Yeryerly Cosmetic reserves the right to either demand immediate payment of all outstanding amounts, whatever they may be, to cease all deliveries or to dissolve the current contract.
The Customer hereby consents to the storage of the personal data entered by him in the course of using the website. This also applies to the storage of IP addresses, which are transmitted each time the website is used. The customer also consents to the use of personal data for the personalization of advertisements and product offers placed on the website. Personal data will not be passed on to advertisers.
By accepting the GTCs, the customer confirms the accuracy of the information provided and authorizes Yeryerly Cosmetic to obtain all information necessary for the verification of the order from public offices, credit agencies and the Central Office for Credit Information (ZEK), At regular intervals, existing customers are also checked with the above-mentioned agencies.
Transmission of your data to the Swiss Post
If you have chosen a PickPost or My Post 24 location as your delivery address, we will transmit your data (last name, first name, address) to Swiss Post. This data transmission is necessary so that Swiss Post can activate you for PickPost / My Post 24 or so that we receive your personal PickPost / My Post 24 user ID from Swiss Post. Swiss Post undertakes to treat your data confidentially (see also the “Login Customer Center” GTC and the data protection declaration at www.post.ch).
Severability clause & reservation of right of amendment
Should individual provisions of these GTC be invalid or incomplete or should performance become impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision by a permissible, valid provision which, according to its content, comes as close as possible to the original intention and the economic purpose pursued with it.
All amendments or additions to these GTC require a form that allows proof by text, such as letter and e-mail. This also applies to an amendment of the written form requirement. As soon as the customer makes use of the seller’s services after the change, he implicitly agrees to the new GTC.
Other contractual conditions of the customer, namely also those which the customer declares to be applicable together with the acceptance of the contract, shall not become part of the contract. They shall only be valid if and to the extent that they have been expressly accepted by the Seller in writing.
Applicable Law / Place of Jurisdiction
The present contract shall be governed by Swiss law to the exclusion of the conflict of laws rules of the Vienna Sales Convention. The place of jurisdiction is the ordinary courts at the registered office of Yeryerly Cosmetic.
Real Cookie Banner
We use the consent tool “Real Cookie Banner” to manage the cookies and similar technologies (tracking pixels, web beacons, etc.) used and the related consents. Details of how “Real Cookie Banner” works can be found at <a href=”https://devowl.io/de/rcb/datenverarbeitung/” rel=”noreferrer” target=”_blank”>https://devowl.io/de/rcb/datenverarbeitung/</a>.
The legal basis for the processing of personal data in this context is Art. 6 para. 1 lit. c DS-GVO and Art. 6 para. 1 lit. f DS-GVO. Our legitimate interest is the management of the cookies and similar technologies used and the related consents.
The provision of the personal data is neither contractually required nor necessary for the conclusion of a contract. You are not obliged to provide the personal data. If you do not provide the personal data, we will not be able to manage your consent.
Contact / Customer service
Do you have a question? In our FAQs you will find the most frequently asked questions and answers about www.yeryerly.com, Yeryerly Cosmetic and its products and services. Of course, you can also contact our customer service at any time, we will be happy to help you:
Tel: +41 79 759 58 02
Call Center: 9 am to 8 pm, Monday to Saturday
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Tel.: +41-79-759 58 02