Terms and conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we will supply to you the products (Products) listed on our website (www.vinyo.ch) and mobile applications (referred to collectively as the “Channels”), via ordering on our website (Services). Please read these terms and conditions carefully before ordering any Products from our channels or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
We operate the channels. We are whitebag GmbH, a company registered in Switzerland.
Our channels are only intended for use by people residing in Switzerland. We do not accept orders from individuals outside those countries.
By placing an order through our channels, you warrant that:
After placing an order on our channel, you will receive a confirmation order number from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products.
We may offer gift cards, discount promotions and other types of voucher (Voucher) which require to be activated by email application in order for the holder to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.
A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
Vouchers may only be redeemed through channels and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the channel checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.
You may cancel you order at anytime.
Delivery will be made to the address specified when you complete the order.
We deliver to most addresses within Switzerland. Time slot delivery is not available to business addresses.
We aim to deliver your items within the delivery timeframe you select. Whilst we make every effort to deliver all your items within 25 days of the date of your order, we shall not be liable if we fail to do so in part or in full due to circumstances beyond our control. We shall contact you to let you know if we are having any problems getting an item to you within that time.
Where delivery requires a signatory upon receipt, all items must be signed for by an adult aged 18 years or over.
Alternatively, on placing an order you may be able to give instructions explaining if and where you would like your items to be left if no one is present at the time of delivery, such as with a neighbour. We also use third party delivery companies which may, at their discretion, leave your items in a safe place if no one is present at the time of delivery. In these circumstances the delivery company will put a card through your letter box explaining where it has left the items.
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges.
The price of the Products and our delivery charges will be as quoted on our channels from time to time, except in cases of obvious error.
Product prices include VAT of 8% in Switzerland.
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Payment for all Products and Services must be by credit or debit card. We accept payment with Visa and Mastercard. We will not charge your credit or debit card until we dispatch your order.
If you are unhappy with your product for a legitimate (for example the item did not arrive) We will offer a full refund as long as it can be shown that the product you were charged for was not provided as it should have been.
We warrant to you that any Product purchased from us through our channels will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
If we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Products.
Nothing in this agreement excludes or limits our liability for:
Death or personal injury caused by our negligence;
Fraud or fraudulent misrepresentation;
Defective products under the Consumer Protection Act 1981; or
Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to whitebag.ch GmbH at support@vinyo.ch. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our channels, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The contract between you and us is binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
We are the owner or the licensee of all intellectual property rights in our channels, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from us and our licensors.
If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorize us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks; and
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
Nothing in this clause limits or excludes any liability for fraud
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Swiss law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Switzerland.