TERMS AND CONDITIONS

www.vape-schweiz.ch | An online shop of Digital Heaven GmbH

Scope

1.1. These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between you (hereinafter "Customer") and Digital Heaven GmbH, Länggstrass 17, CH-8308 Illnau (hereinafter "VAPE SCHWEIZ" or "Seller"). During the ordering process, you acknowledge the GTC in the version valid at the time the order is placed. All verbal and telephone agreements must be confirmed in writing to be binding. The requirement of written form is also met if a declaration is contained in an email.

1.2. Our product range is aimed exclusively at customers with their habitual residence and a delivery address in Switzerland.

Product offer and conclusion of contract

2.1. All information about products in our catalogs or on our website is subject to change without notice. The offer to conclude a purchase contract is made by the customer. The customer remains bound to the order for one week. The contract is binding if we accept the customer's offer within the period specified in Section 2.3.

2.2. After submitting an online order, the customer will receive an automated email to the specified email address confirming receipt of the order (order confirmation). The order confirmation merely serves to inform you that we have received the order.

2.3. A contract is only validly concluded when we declare acceptance of the contract. We declare acceptance of the contract by invoicing the customer, confirming the order (order confirmation), confirming by email that the goods have left our warehouse (shipping confirmation), or at the latest by delivering the goods.

2.4. The contract is concluded only for those items expressly listed in our invoice, order confirmation, or shipping confirmation. The scope of services also conclusively results from this.

2.5 If the customer wishes to order 10 or more of individual products, they are asked to contact Digital Heaven GmbH or the representative of www.vape-schweiz.ch. Orders exceeding 10 items will be accepted by VAPE-SCHWEIZ as a quote request from the customer. VAPE-SCHWEIZ will subsequently contact the customer regarding their quote request. Digital Heaven GmbH is not obligated to fulfill the order.

Prices and payment terms

3.1. All prices are gross in Swiss francs (CHF) and include VAT, any advance recycling fees and copyright fees. Prices, conditions, and vintages stated on the website are subject to change, with the effective date being the date of the order.

3.2. Any transport costs will be charged separately and communicated to the customer in advance.

3.3. Payment of the purchase price can be made using one of the payment methods listed on www.www.vape-schweiz.ch.

3.4. All electronic payment methods will be charged immediately.

Purchase on account with partial payment option (PowerPay)

As an external payment service provider, MF Group / POWERPAY offers the payment method "purchase on account." With this single invoice, you can easily pay for your online purchase by invoice. If you fail to pay within the specified timeframe, you will receive a monthly invoice with an order summary in the following month.

Upon conclusion of the purchase contract, POWERPAY assumes the resulting invoice amount and handles the corresponding payment terms. When purchasing on account, you accept POWERPAY's terms and conditions in addition to our terms and conditions (powerpay.ch/de/agb).

Late payment – reminder – debt collection

For delivery on account, the purchase price is due within 14 days of delivery of the goods. If payment is not made within this period, the customer will be in default.

1.1 In the event of default, Powerpay will send the customer a written reminder. The following fees will be due upon reminder:

Administration fees per invoice | CHF 2.90
1st reminder | CHF 18.- *
2nd reminder | CHF 28.- *
3rd reminder | CHF 38.- *
Debt collection transfer | CHF 50.- *

* The fees and charges listed are maximum amounts. Powerpay reserves the right to vary them.

If the outstanding amount is not paid even after the final reminder, the debt will be enforced. Powerpay will transfer the debt to infoscore Inkasso AG, Ifangstrasse 8, CH-8952 Schlieren, for collection.

You can find all detailed information in Powerpay’s terms and conditions .

Delivery conditions

4.1. VAPE SWITZERLAND limits deliveries to the territory of Switzerland. Delivery is made directly to the delivery address and contact person provided by the buyer.

4.2. Delivery is subject to timely and proper delivery by our suppliers. In the event of force majeure, such as strikes and other industrial action, riots, war, natural disasters, or a delivery stoppage by the manufacturer or sub-supplier, no delay in delivery shall occur. The Seller shall not be liable for delivery delays caused by manufacturers or third parties.

4.3. If not all ordered goods are in stock, we are entitled to make partial deliveries. If, after conclusion of the contract, it becomes apparent that goods cannot be delivered, either partially or entirely, for reasons beyond the Seller's control, the Customer is entitled to withdraw from the contract.

4.4. Our performance is a delivery obligation and is fulfilled upon handover to the carrier. After shipment, the risk of accidental deterioration and accidental loss of the goods passes to the customer. We are not liable for any negligence on the part of the carrier.

4.5. The delivery times stated in the online shop or in our order confirmation in accordance with Section 2.3 are calculated from the date of our order confirmation.

4.6. Protection of minors: Sales are prohibited to persons under the age of 18. By accepting these terms and conditions, you confirm that you are at least 18 years old.

Retention of title

5.1. The delivered goods remain the property of Digital Heaven GmbH until full payment has been made. Digital Heaven GmbH is entitled to make a corresponding entry in the retention of title register. If the customer defaults on payment of the purchase price, Digital Heaven GmbH is entitled to withdraw from the contract (declaration of withdrawal) and take possession of the goods.

Obligation to inspect and give notice of defects, liability for defects

6.1. The customer is obligated to inspect the delivered products as soon as reasonably practicable in the normal course of business and to immediately report any defects to our customer service at info@vape-schweiz.ch. Failure to do so will result in the products being deemed approved. Approval will be deemed granted in any case unless the customer submits a complaint by email to customer service within 5 days of delivery.

6.2. Defects that were not detectable during a proper inspection as per the above paragraph must be reported to our customer service immediately after discovery by email to info@vape-schweiz.ch, otherwise the ordered products will be deemed approved even with regard to these defects.

6.3. The defective product must be returned with a copy of the invoice and a detailed description of the defect. The return address will be communicated to the buyer via email after receipt of the written complaint. The customer is responsible for any shipping costs incurred.

6.4. We provide warranty by remedying defects. This shall be done, at our discretion, either through subsequent performance, namely the removal of a defect (repair) or delivery of a defect-free item (replacement delivery). Replaced products become the property of the seller.

6.5. If subsequent performance fails, the customer is entitled to withdraw from the contract. This does not apply in the case of minor defects. The customer's right to a reduction in price is excluded. This exclusion of liability also extends to all claims that compete with warranty rights, whether based on contract (Art. 97 et seq. of the Swiss Code of Obligations), tort (Art. 41 et seq. of the Swiss Code of Obligations), avoidance of the contract due to error (Art. 23 et seq. of the Swiss Code of Obligations), etc.

6.6. The warranty does not cover normal wear and tear, the consequences of improper handling or damage, or tampering with the product by the buyer or third parties, or defects resulting from external circumstances. In particular, worn, soiled, or damaged items are excluded from the warranty.

6.7. The customer receives further warranties in the legal sense from www.vape-schweiz.ch only for specific products and upon individual agreement. Manufacturer warranties remain unaffected. The customer's warranty claim expires in the event of repairs performed by unauthorized service centers. The warranty certificate and/or proof of purchase (invoice) must be carefully retained. Failure to provide the warranty certificate will void any warranty claim.

6.8. The Seller assumes no liability for descriptions provided by third parties, in particular customers in the context of customer reviews published in the online shop or on our social media presences.

Right of return

7.1. The customer may return the goods received within four weeks by providing reasons. This period begins upon receipt of the goods. Only for goods that cannot be sent by parcel (e.g., bulky goods) can you also declare the return by submitting a written return request.

7.2. To meet the deadline, it is sufficient to send the goods or the return request in a timely manner. The return shipment or return request must be sent to:

Digital Heaven GmbH
Länggstrasse 17
CH-8308 Illnau

7.3. The goods must be returned in their original packaging, complete with all accessories, and accompanied by a completed delivery note/return slip and any applicable warranty certificate. Sealed and plastic-wrapped products can only be returned unopened. Any seal must not be broken. Food items are excluded from the right of return.

7.4. In the event of a valid return, the services received by both parties must be refunded, along with any benefits derived (e.g., benefits of use). In the event of deterioration of the goods, compensation may be demanded. This does not apply if the deterioration of the goods is solely due to their inspection – as you would have been able to do in a retail store, for example. Returns must be sent to us at the customer's expense.

7.5 The shipping costs of the order will not be refunded in the event of a return.

Warranty and liability (bring-in/send-in warranty)

8.1. All cases of breach of contract and their legal consequences, as well as all claims of the customer, regardless of the legal basis, are conclusively regulated in these General Terms and Conditions. Other claims of the buyer – regardless of the legal basis – are excluded to the extent permitted by law. The seller, its auxiliary personnel, and any vicarious agents shall not be liable for damages not caused by the goods themselves, in particular not for consequential damages, lost profits, or other financial losses of the buyer.

Intellectual Property

9.1. VAPE-SCHWEIZ reserves all rights to all designs, text, and graphics. Copying or other reproductions of the entire website or parts of this website are permitted only for the purpose of placing an order at www.www.vape-schweiz.ch. The name VAPE-SCHWEIZ, all page headers, navigation bars, graphics, and button icons are registered trademarks, trademarks, or service marks of Digital Heaven GmbH. All other trademarks, product names, or company names or logos cited on this website are the sole property of their respective owners. VAPE-SCHWEIZ reserves all ownership and copyright to images, drawings, calculations, and other documents. The customer requires the express written consent of the owner, Digital Heaven GmbH, before passing them on to third parties.

Data protection

10.1. The collection and processing of customers' personal data by VAPE-SCHWEIZ is explained in the Privacy Policy. This forms an integral part of these Terms and Conditions. The Privacy Policy is available at http://local.www.vape-schweiz.ch/datenschutz/.

Final provisions

11.1. Should individual provisions of these Terms and Conditions be invalid or incomplete, or should their fulfillment become impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a valid and permissible provision that, in terms of its content, comes closest to the original intention and the economic purpose pursued thereby.

11.2. Any changes or additions to these Terms and Conditions must be made in a form that allows for proof by text, such as fax and email. This also applies to any changes to the written form requirement. As soon as the customer uses the seller's services after the change, they implicitly agree to the new Terms and Conditions. The currently valid version of the Terms and Conditions can be viewed and printed at http://local.www.vape-schweiz.ch/agb .

11.3. Any conflicting contractual terms and conditions of the Customer, including those that the Customer declares to be applicable upon 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.

Place of jurisdiction and applicable law

12.1. Swiss law shall apply exclusively, excluding the conflict of law provisions of the Vienna Sales Convention. The place of jurisdiction shall be the ordinary courts at the Seller's registered office.

Digital Heaven GmbH
Länggstrasse 17
8308 Illnau
Switzerland

Phone: +41 (0) 41 610 72 54
Email: info@vape-schweiz.ch

Legal form: Limited liability company
Commercial Register Number: CH-150.4.477.634-0
VAT/UID: CHE-148.059.073

Illnau, March 15, 2024