Terms of service
1 Scope of application
1.1 The following General Terms and Conditions (hereinafter referred to as "GTC") apply to the use of this website and to all business relationships between YELASAI GmbH (hereinafter referred to as "Yelasai GmbH", "us" or "we") and its customers.
1.2 A customer (hereinafter referred to as "customer", "buyer" or "you") is any natural or legal person or partnership that maintains business relations with YELASAI GmbH.
1.3 These GTC also apply in particular to all business relationships between us and the customer for products (hereinafter referred to as "products" or "goods") ordered via our website https://yelasai.com/de/ (hereinafter referred to as "online store" or "website"), by telephone or other communication channels (e.g. fax, e-mail, WhatsApp message and other means of communication).
1.4. the website and the online store are operated by:
YELASAI GmbH
Bergtalstrasse 46
CH-9500 Wil
VAT no.: CHE-116.281.319
Phone: +41 71 722 32 88
Email: info@yelasai.com
1.5. individual agreements concluded in writing with the customer shall take precedence over these GTC. Conflicting, supplementary or deviating terms and conditions of the customer are not recognized.
1.6. YELASAI GmbH reserves the right to amend these GTC at any time.
All amendments shall become effective upon publication of the new GTC on the website. When purchasing a product, the relevant date for the applicability of the valid GTC is the date on which the binding order is placed with us.
2. conclusion of contract
2.1 The presentation of the products in the online store does not constitute a legally binding offer, but merely a non-binding online catalog or a non-binding invitation to customers to order the product in the online store. YELASAI GmbH expressly reserves the right to change the products themselves as well as the content, e.g. images, range, prices and descriptions of our products, at any time and without prior notice. Illustrations, pictures, brochures, advertising and other information in connection with our products are for information purposes only and are not binding on YELASAI GmbH.
2.2 The customer can place a binding order for the products selected by him via our online store. The customer can place the products he selects in the "shopping cart". This does not yet constitute a binding order. An order is only considered binding when the customer clicks on the "Buy" button on the order page at the end of the order process. Before submitting the order, the customer can change and view the details at any time, recognize any input errors and correct them if necessary before the binding final submission of the order. By submitting the order, you confirm that you have read the GTC and agree to them without reservation.
2.3 After you have placed a binding order, YELASAI GmbH is free, at its own discretion, either to accept the order or to reject it by sending a corresponding notification by e-mail and without assuming any liability towards you or third parties. Any payment already made will be refunded if the order is canceled. Reasons for rejecting an order may be, for example, if a product is no longer available, if we are unable to obtain authorization for the customer's payment or if there is reason to believe that the customer is acting in breach of these GTC, individual contracts, fraudulent or other criminal activities or for any other important reason.
2.4.Acceptance of the order creates a binding purchase contract with the customer. This acceptance takes place through the dispatch of the ordered goods.
3 Availability and reservation of performance for non-deliverable products
3.1 All information about the availability of our products and the dispatch and delivery of our goods is provisional information and approximate guidelines. They do not constitute binding or guaranteed shipping or delivery dates. Any liability for unavailable goods or for delays in shipment or delivery of the goods is expressly excluded.
3.2 Our products are available as long as our stocks last. If YELASAI GmbH discovers during the processing of your order that the goods you have ordered are not available, we will inform you immediately. In this case, a contract for the unavailable goods will not be concluded, as the ordered goods cannot be delivered.
3.3 Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by e-mail.
4 Terms of payment / credit check
4.1 Orders are generally due for payment immediately.
4.2 The customer has the option of paying using the means of payment displayed on the website or during the ordering process. These may change from time to time and from country to country. In addition, we reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods used by us (for example, to hedge our credit risk, only those corresponding to the respective creditworthiness). YELASAI GmbH is expressly authorized by the Customer to carry out credit checks at its own discretion and, if necessary, to pass on the Customer's data to third parties for this purpose.
4.3 By choosing the means of payment, the Customer authorizes payment either by entering credit card details or access data of a payment service provider. The customer authorizes YELASAI GmbH to collect payments in the appropriate way. Should chargebacks occur, YELASAI GmbH is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, YELSAI GmbH is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.
4.4. If you pay by credit card or an alternative payment method, we reserve the right to check the validity of the card, to check the availability parameters for collection and the address data and to request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. If the payment is rejected, YELASAI GmbH reserves the right to cancel the order and stop shipping the products. In this case, we will contact you immediately.
4.5 When paying by invoice, the customer will receive the invoice with payment slip with the delivery of the goods or by e-mail. Payment must be made using the payment slip within the payment period stated on the invoice. If payment is not made on time, YELASAI GmbH is entitled to charge its expenses for each reminder of at least CHF 50 and other costs associated with the collection as well as the statutory default interest. Should it become necessary to initiate debt collection proceedings, we will charge an additional processing fee of at least CHF 200.
5 Terms of delivery and transfer of risk
5.1 Unless otherwise expressly agreed in writing, the delivery will be processed after full payment has been received.
5.2 The risk of accidental loss and accidental deterioration of the goods passes to the buyer when the goods are dispatched.
5.3 Information on availability and delivery times is not binding unless confirmed by us in writing. Provided that goods are in stock, delivery is usually made within 3-4 days on working days, countries outside Switzerland and Germany up to 8 days. However, YELASAI GmbH is not responsible for delays in delivery, regardless of their causes.
5.4. Should the delivery of the goods fail through the fault of the customer, YELASAI GmbH may withdraw from the contract. Any payments made will be refunded in this case.
6 Retention of title
6.1 YELASAI GmbH remains the owner of the delivered goods until they have been paid for in full.
7. return, revocation or termination of the contract
The customer has the right to withdraw from the contract within 14 working days of receipt of the products without giving any reason.
7.1. The withdrawal period is 14 days from the date of receipt of the goods by you or a third party named by you who is not the deliverer. In the case of orders comprising several goods that are to be delivered separately, the withdrawal period is 14 days from the date of receipt of the last goods by you or a third party named by you who is not the deliverer.
8 Warranty and guarantee
8.1 Upon receipt of the products, the customer must check them immediately for correctness, completeness and any damage. Defects or damage must be reported to YELASAI GmbH within 8 working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you do not inspect the defect or report it immediately, the product is deemed to be approved and you are no longer entitled to assert claims against us.
8.2 The statutory warranty provisions against manufacturing defects/material or production defects apply. The warranty period is 2 years from receipt of the product. Excluded from the warranty are products that have been damaged through the buyer's own fault.
8.3. The customer's warranty claims are limited to replacement delivery or rectification of defects/rework. YELASAI GmbH shall decide at its own discretion on replacement delivery or rectification of defects. If subsequent delivery or rectification of defects fails, the Customer is entitled to withdraw from the contract in the event of significant defects.
8.4 For complaints or service questions, please contact us at the following address with the order number, customer number, a description of the defect and other helpful information:
YELASAI GmbH
Bergtalstrasse 46
9500 Wil
Phone: +41 71 722 32 88
E-mail: info@yelasai.com
8.5 The defective product must be returned to the above address of YELASAI GmbH with a copy of the invoice and a detailed description of the defect. The return of a product is at the expense and risk of the customer. Please have your return shipment confirmed and keep this confirmation, as your warranty claim cannot be processed if the package is lost.
9. data protection
9.1 YELASAI GmbH collects and processes personal data only within the framework of the statutory provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our privacy policy, which forms an integral part of these GTC.
10. newsletter
10.1 The customer agrees after his release that YELASAI GmbH may use his contact data, in particular his e-mail address, for advice and advertising exclusively for its own purposes and send him general product information or the newsletter in connection with products previously purchased by him in this way. The customer can withdraw this consent at any time and unsubscribe from the newsletter. In all other respects, the provisions of the privacy policy apply.
11 Liability
11.1 YELASAI GmbH shall be liable in the event of a breach of its own obligations under these GTC and the contractual relationships based on them for damage caused and proven by it through unlawful intent or gross negligence. Liability is expressly excluded for slight and medium negligence as well as for indirect and consequential damages, whether based on a contract, tort or for any other reason. Indirect damages include, for example, loss of profit, financial loss, reputational damage, damage caused by computer viruses or loss of data due to temporary impairments or interruptions in the availability of YELASAI GmbH's services. Furthermore, YELASAI GmbH assumes no contractual or non-contractual liability for damages caused by auxiliary persons who are used to provide the service.
11.2 The above exclusions and limitations of liability shall not apply in the case of mandatory statutory provisions, including the provisions of the Product Liability Act.
11.3 Subject to the foregoing, the total liability under these GTC shall be limited to the price of the goods ordered by the customer from us, irrespective of the reason and to the extent permitted by law.
Event beyond our control
11.4 If an event occurs which is beyond our control and influence (e.g. force majeure), we assume no liability or responsibility for the non-performance or delayed performance of any obligations under these GTC and the contractual relationship based thereon. An event beyond our control exists, for example, in the following cases
force majeure of any kind, unforeseeable operational, traffic or shipping disruptions, fire, explosion, flood or low water, earthquakes, other natural disasters, epidemics, pandemics, unforeseeable shortages of labor, energy, raw materials or supplies, strikes, lockouts, war, political unrest, acts of terrorism, official decrees, incorrect or untimely delivery by suppliers, safety deficiencies and operational failures of third-party companies with which we cooperate or on which we are dependent, improper action and disregard of the risks on the part of the customer or third parties, excessive use, unsuitable operating resources of the customer or third parties, extreme environmental influences, interventions by the customer or disruptions by third parties (viruses, worms, etc.) that occur despite the necessary up-to-date safety measures..5. YELASAI GmbH shall not be liable for any events that occur despite the necessary current safety precautions or other obstacles for which YELASAI GmbH is not responsible and which lie outside its sphere of influence and which reduce, delay, prevent or make unreasonable the provision of services, the availability of the goods or the dispatch.
11.5. should an event beyond our control occur which affects the fulfillment of our obligations under the contract, we will inform you at the earliest possible date.
11.6. furthermore, YELASAI GmbH is not liable for temporary unavailability of the website, the failure of individual or all website functions or malfunctions of the website.
11.7. neither the scalp and hair care treatment of the hair growth specialist nor the recommendations of YELASAI GmbH and the respective hairdressing salon replace a medical examination or treatment. The hair growth specialist does not make any diagnoses and does not prescribe any medication. Active scalp and hair care with cosmetic care and nutritional supplements can be used in addition to other measures.
11.8. YELASAI GmbH and the hair growth specialist's service provider offer products and services. The products have been thoroughly tested and perfected. Any liability or guarantee outside the mandatory legal framework is rejected.
12. copyright
12.1 The information and content published on the website are protected by copyright and are the property of YELASAI GmbH or the respective rights holder. Reproduction, editing, distribution or any other form of utilization is not permitted and requires the prior written consent of the respective rights holder. YELASAI GmbH and the respective rights holder expressly reserve all rights in this regard.
13. severability clause, applicable law and place of jurisdiction
13.1 Should individual provisions of these General Terms and Conditions of Business be wholly or partially invalid or ineffective, this shall not affect the validity or effectiveness of the remaining (partial) provisions. Invalid or ineffective provisions shall be replaced by provisions that come as close as possible to the economic purpose of the invalid or ineffective provisions. The same applies to any loopholes in the present provision.
13.2. These GTC, the contractual relationships based on them and any disputes shall be governed exclusively by substantive Swiss law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
13.3. the place of jurisdiction for natural persons shall be the registered office of YELASAI GmbH or the customer's place of residence. For legal entities, the place of jurisdiction shall be exclusively the registered office of YELASAI GmbH.
13.4. these provisions shall only apply insofar as there are no mandatory provisions of the law of the state in which the consumer has his habitual residence which take precedence over these GTC.
Status September 2022