GTC Wholesale Clients
2. Contractual partner and formation of the contract
6. Transfer of Benefits and risks
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 a registered office, domicile or delivery address in the United Kingdom.
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 the order button. 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 email. 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 sending the invoice for the order (invoice notification) and the shipment notification that the goods are leaving our warehouse by email or that we are delivering the goods to an address of your choice. If you select the payment by PayPal or bank transfer, the contract will be concluded at the time of your confirmation of the payment order to PayPal or the bank transfer. 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 order or delivery confirmation conclusively determines the scope of our obligations.
Any advertising produced by us and any descriptions or illustrations on our website are solely to give an approximate idea of the products we sell. They shall not form part of the contract nor have any contractual force.
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 as soon as possible and may terminate the contract. Where you have already made payments, we will refund you these payments without undue delay.
Subject to timely supply to us by our suppliers, we always aim to deliver promptly, but time for delivery is not of the essence. 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. We accept no liability for any delay or failure to deliver products to the extent that such failure is caused by an event outside our reasonable control.
4. Prices
Prices are in GBP and exclude statutory value-added tax, which will be added at check-out.
Shipping costs are added to the given product prices. You will be informed about the shipping costs during the ordering process.
5. Terms of delivery
We only deliver by means of mail order. The goods cannot be collected by the customer.
6. Transfer of Benefits and risks
Our service is an obligation to bring or send, which is fulfilled with handover to the delivery company. Therefore, the risk of accidental damage and accidental loss of the goods shall pass to the buyer upon delivery of the goods to the delivery company. We shall not be liable for any fault on the part of the delivery company.
Any individual agreement to cover transportation costs shall have no effect on the transfer of benefits and risks.
7. Payment
The following payment methods are basically offered in our shop:
Credit card
When placing the order, you supply us with your credit card details. After verifying you 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 PayPal website. 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 confirm the payment on PayPal. 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 PayPal website to complete your order. 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 execute the payment transaction.
Bank transfer
If you select bank transfer 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. If you are a business exercising a commercial or independent professional activity, or a legal entity under public law or a 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.
9. Returns or exchanges
Returns or exchanges of ordered products are generally excluded and may only take place after consulting us and obtaining our authorization in writing. There is no entitlement to authorization.
Where we authorize 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 namaste(at)jadeyoga.co.uk. 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 via email within 8 days after delivery.
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 email to namaste(at)jadeyoga.co.uk, 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 namaste(at)jadeyoga.co.uk. YO|YOGA will check the documents and then let you know how to proceed. The defective product must be returned only after this confirmation from YO|YOGA. We shall assume the transport costs incurred for any return.
Our warranty is to replace defective products. Products returned by customers will once again become our property.
If we fail to replace the defective product, you are entitled to terminate the contract. This does not apply in the case of minor defects. Any right to a price reduction is excluded. Save as provided in clause 11, we shall not be liable to you for any claims, loss or damage, whether 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 expires six months after delivery of the goods, in relation to companies and non-consumers, even if a defect is subsequently discovered.
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 Consumer Protection Act 1987 or 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 to third parties our right to recover any unpaid purchase price from you in connection with deliveries of goods, including any interest and the reasonable costs of recovering such unpaid amounts and interest from you.
14. Severability clause
Should a provision of these GTCs be or become void, 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 settling disputes related to purchase contracts concluded through our online shop.
Last revised: January 2022