General Terms and Conditions (GTC)

1. Scope of the GTC and conclusion of contract

1.1These General Terms and Conditions (GTC) apply to purchase contracts with private customers and companies concluded via the website www.vaporspirit.ch. By visiting and using our website, by placing an order on our website and/or by confirming by e-mail, post or telephone, you expressly declare that you have read and accept these GTC and the privacy policy. By ticking the box at the end of the ordering process under “Review & Order”, you confirm that you have read the GTC and the privacy policy and acknowledge their validity. You agree to be bound by these GTC and the privacy policy and thus enter into a contract with Vitaljoy GmbH, a company registered in the commercial register of the Canton of Zurich with its registered office in Oberengstringen, business address Rosengartenstrasse 3, 8037 Zürich, UID CHE-138.116.309. If you do not wish to accept these GTC and/or the privacy policy, you may not tick the box “I have read and agree to the terms and conditions”, and you may not visit or use the website or order via our website.

1.2The provider confirms the order by means of an automatic acknowledgement of receipt. This automatically sent e-mail merely informs you that the data has been transmitted successfully. It does not constitute a binding contract and does not yet count as acceptance of your order. Acceptance (conclusion of the contract) only takes place when Vitaljoy GmbH dispatches the goods.

2. Prices and special offers

2.1Unless otherwise agreed, prices are quoted in Swiss francs including VAT and any applicable tobacco taxes.

2.2The provider reserves the right to change prices at any time. The prices stated in the order confirmation sent by e-mail, letter or fax are decisive. If these prices are higher than those at the time of the order, the latter apply. In the event of delivery delays or special procurements, the daily price on the day of the order applies.

2.3Any conditions for promotions and discounts can be found in the corresponding information.

3. Delivery conditions

Please note: We currently deliver within Switzerland, Liechtenstein and to selected countries of the European Union. For orders from the European Union, different shipping costs, delivery times and legal conditions may apply; these are shown in the shopping cart or at checkout.

3.1For deliveries within Switzerland and to Liechtenstein, shipping costs are CHF 4.50 per order. From an order value of CHF 100.–, shipping is free of charge for customers from Switzerland and Liechtenstein. Shipping costs are shown in the shopping cart and at checkout.

3.2Orders placed from Monday to Friday until 17:30 are usually shipped on the same working day, provided the goods are available and payment has been received successfully. Orders placed after 17:30, at weekends or on public holidays are usually processed on the next working day.

3.3The delivery time within Switzerland and Liechtenstein is approx. 1–3 working days. The actual delivery date depends on the availability of the goods, the delivery address, the payment status and delivery by the shipping service provider.

4. Right of withdrawal and returns

4.1Our offers are described in detail and transparently on the website www.vaporspirit.ch. The customer can find out about them in detail and without time pressure.

4.2If you are acting as a consumer, you can withdraw your contractual declaration within 2 days without giving reasons, in text form, e.g. by letter or e-mail, or by returning the goods. The period begins on the day after you have received the goods. Sending the withdrawal or the goods in good time is sufficient to meet the withdrawal deadline. The withdrawal must state the order number and the relevant bank details for the refund of the purchase price and must be sent to: Vitaljoy GmbH, Rosengartenstrasse 3, 8037 Zürich, or by e-mail to: info@vaporspirit.ch

Please note that products that have already been opened, used or unsealed cannot be taken back or refunded for legal and hygiene reasons. Returns are only possible for unopened, unused and sealed goods.

4.3As soon as we have received the goods back unopened, unused and sealed and have inspected them, we will refund the purchase price to you. Returns must be announced in advance by e-mail to info@vaporspirit.ch. The goods are returned by post to the address stated above. In principle, you must bear the costs of the return if the goods delivered correspond to those originally ordered.

4.4To meet the deadline, it is decisive that the withdrawal or the goods are sent in good time within 2 days of receipt of the delivery. For consumers resident in the European Union, the statutory consumer rights of the respective country of delivery apply insofar as they are mandatory. This may in particular include a statutory right of withdrawal of 14 days for distance contracts.

5. Warranty

5.1The seller is not liable for defects of which the buyer was aware at the time of purchase.

5.2The buyer must inspect the delivered goods as quickly as possible and report defects immediately. Hidden defects can also be reported after the goods have been put into operation or used, immediately upon discovery. Making payments does not constitute a waiver of the notice of defects.

5.3If there is a defect, the buyer may choose to demand repair free of charge, to deduct from the price an amount corresponding to the reduced value, to withdraw from the contract or to obtain a replacement delivery. The buyer's right to claim damages remains reserved in all cases.

6. Payment

6.1Payment in advance: During the ordering process, you can select the payment method “Prepayment” (bank transfer) and transfer the amount in CHF to our account after the order confirmation. Please transfer the amount stated in your order confirmation to the account specified in the order confirmation, quoting your order number. Any fees are borne by the customer. The ordered goods will be shipped once your payment has been received.

6.2Payments by debit or credit card: All payment transactions may be subject to validity checks and authorisations, either by your bank or by us (in which case we may appoint third parties to carry out this authorisation in accordance with our privacy policy). If your credit card provider does not make the payment or does not approve it, we are not liable for delays or for refusing to accept the order. Payment is made on the secure payment page of PostFinance Checkout, to which you are redirected from the ordering process; the data is transmitted there in encrypted form. Vitaljoy GmbH does not collect or store any card or account data. The payment methods available – including TWINT as well as debit and credit cards – are shown during the ordering process. Vitaljoy GmbH accepts no liability whatsoever for the security of the transmission or of the transmitted data.

6.3Rejected payments: If, for whatever reason, a payment is rejected after we have already shipped our product(s), we have the right to demand payment from you or to reclaim the relevant product(s) from you. We may charge you fees for the costs we incur in recovering the product(s), or insist on further payments.

6.4Retention of title: All ordered products remain our property and do not pass into your ownership until we have received the full purchase price for the product.

7. Liability for online connections

7.1The provider undertakes to ensure state-of-the-art security in systems, programs etc. that belong to it and over which it has control, and to comply with the rules of data protection.

7.2Customers are responsible for the security of the systems, programs and data within their sphere of control. In their own interest, customers should keep passwords and user names secret from third parties.

7.3The provider is not liable for defects and malfunctions for which it is not responsible, in particular not for security defects and operational failures of third-party companies with which it cooperates or on which it depends.

7.4Furthermore, the provider is not liable for force majeure, improper procedures and disregard of risks on the part of the customer or third parties, excessive use, unsuitable equipment 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 security precautions.

8. Your account and password

8.1To access certain functions of our website and/or to place an order, you will be asked to register with us and create an account. To do this, you need the following: you must create a password and provide us with certain personal data, including your name and e-mail address and any further details (for example your postcode) that we require in the course of the registration process. You must also agree that we process your personal data in accordance with our privacy policy. If, as already mentioned above, you do not agree to our General Terms and Conditions or our privacy policy, you should neither use this website nor create an account with us.

8.2You are responsible for the security and reliability of the password and other login details of your account. You assume full responsibility for all activities on your account. If you have reason to believe that your password is known to another person and/or that your account has been used, or is likely to be used, without your authorisation, you should contact us immediately. We are not liable for any losses or damage resulting from your failure to protect your password and/or the login details of your account.

8.3You are responsible for the accuracy and completeness of the personal data you provide to us and guarantee that this data is complete and correct in every respect. You agree to inform us as soon as this data changes and then to access and update it via your account.

9. Licence

9.1The entire content of the website vaporspirit.ch is protected by copyright. All rights belong to the company Vitaljoy GmbH or to third parties. The elements on the website vaporspirit.ch are freely accessible for browsing purposes only. Reproduction of the material or parts thereof in any written or electronic form is only permitted with the express written consent of the company Vitaljoy GmbH. Reproducing, transmitting, modifying, linking or using the website vaporspirit.ch for public or commercial purposes is prohibited without the prior written consent of Vitaljoy GmbH.

9.2The various names and logos on the website vaporspirit.ch are generally registered, protected trademarks. No part of the website vaporspirit.ch is designed to grant a licence or right to use an image, a registered trademark or a logo. Downloading or copying the website vaporspirit.ch or parts thereof does not transfer any rights whatsoever with regard to software or elements on the website vaporspirit.ch. Vitaljoy GmbH reserves all rights with regard to all elements on the website vaporspirit.ch, with the exception of rights belonging to third parties.

10. Intended use of the goods – obligations of the customer – liability

10.1Where we have to make a delivery commitment for certain products dependent on the intended use, the customer is liable for any disadvantages we incur as a result of incorrect information. For substances whose use is only permitted within the framework of statutory or official regulations, the customer's order is also deemed to be a declaration that these substances are to be used for a permitted purpose within the meaning stated above.

By placing the order, the buyer acknowledges that reselling tobacco substitute products at a price higher than that set by Vitaljoy GmbH is prohibited.

11. Applicable law and place of jurisdiction

11.1For private customers, these GTC are governed by the law of the country in which the customer has their habitual residence. For business customers, these GTC are governed by Swiss law, in particular the provisions of the Swiss Code of Obligations (OR).

11.2For private customers from Switzerland, the court at the domicile or registered office of either party has jurisdiction. For claims brought by the provider, the court at the domicile of the defendant has jurisdiction. For business customers, the place of jurisdiction is the registered office of the provider or the registered office of the customer's company.

12. Language versions

12.1These GTC are written in German. Translations into other languages are for information purposes only. In the event of deviations or contradictions between the German version and a translation, the German version shall prevail.