General Terms and Conditions
1) Scope
These General Terms and Conditions apply to all deliveries and services of Joya International AG/kybun Joya Retail AG - hereinafter referred to as "Joya", its subsidiaries or distribution partners acting on its behalf in all business relationships with tradesmen, companies and merchants, hereinafter also referred to as "customers". These General Terms and Conditions apply exclusively and are accepted by the contractual partner when placing an order with Joya. Individual verbal agreements (including collateral agreements, supplements and amendments) become part of these GTC only if confirmed in writing by Joya. This also applies to the written form requirement itself.
2) Conclusion of contract
The offers of Joya are subject to change. The images shown in brochures or on the Internet site are for illustration purposes only. The colors may vary slightly depending on the light. The order by the customer is considered a binding contract offer. The order can be placed by phone, fax, e-mail or letter. The acceptance of the offer is made by order confirmation or delivery of the ordered goods to the customer. Joya reserves the right to accept the offer or to refuse acceptance without giving reasons.
3) Prices
The purchase prices valid at the time of receipt of the order shall apply. The prices shown are inclusive of the statutory value added tax.
4) Terms of payment, retention of title, offsetting
Payment is made by credit card, PostFinance Card or PayPal. Joya International AG/kybun Joya Retail AG bears the transfer fees.
4.1 Payments against Prepayment
In case of deliveries against prepayment, the orderer/customer will be informed by Joya about the provision of the goods for him/her. If no payment is received within 8 days, the reserved goods will be released for general sale. The delivery of goods will be carried out after receipt of payment by Joya.
4.2 Purchase on account with installment facility (POWERPAY)
MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the order invoice you can easily pay your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month.
When the purchase contract is concluded, POWERPAY will take over the invoice claim that has arisen and process the corresponding payment modalities. When purchasing on account, you accept the POWERPAY GTC in addition to our GTC. (powerpay.ch/en/agb).
Please note that when paying by invoice with POWERPAY, fees according to the GTC may apply.
4.3 Retention of title
Joya reserves the title to the delivered object of purchase until all claims arising from the business relationship, including future claims, have been paid in full. Only after complete payment of the total price claim, the delivered goods become the unencumbered property of the customer.
4.4 Offsetting
A set-off of the Customer against the claims of Joya is only permissible if the Customer's claims against Joya to be set off are undisputed or have been legally established.
5) Delivery
Delivery is usually made within 3 to 5 working days after ordering, provided the goods are available from stock. Delays in delivery, which are not the responsibility of Joya, do not give the customer the right to withdraw from the contract, claim damages or withhold the purchase price. Joya Shoes is entitled to make partial deliveries. The customer will not be charged any shipping costs for partial deliveries. Joya is entitled to freely choose the means of transport and mode of shipment.
5.1 Additional delivery period
In any case, a subsequent delivery period of 10 working days is agreed for goods deliveries ex warehouse. If this additional delivery period is exceeded, the customer has the right to withdraw from the contract. The customer must declare this to Joya in writing in case of delay in delivery or conclusively by not accepting the delivery of goods. Further claims for damages such as damages for non-performance are excluded.
6) Withdrawal and complaints
6.1 Redemption period
The goods must be returned within 8 days of receipt, in their original packaging, together with the exchange form available here, to the following address: Joya Schuhe AG, Retourenmanagement, Mühleweg 4, 9325 Roggwil TG. Later complaints will only be accepted if the defects were not recognizable at delivery despite proper inspection.
6.2 Exceptions for returns
Joya reserves the right to refuse returns if the returned goods are used, not hygienically perfect or damaged or soiled. If the ordered goods have legitimate defects that are covered by the warranty, Joya will provide either the removal of the defects or the replacement delivery within a reasonable period of time.
7) Place of jurisdiction, applicable law
Place of jurisdiction for all disputes is Arbon/TG (Switzerland). The contractual relationship is governed by Swiss law to the exclusion of the UN Sales Convention. The provisions of the Swiss Code of Obligations shall apply to the purchase.
8) Final provisions
Should individual provisions of these general terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected. The void or invalid provision(s) shall be replaced by a valid provision that comes as close as possible to the meaning and purpose of the original clause. If the parties deviate from the provisions of these General Terms and Conditions in individual points, this shall not affect the applicability of the remaining provisions.
9) Legal force
Changes to the general terms and conditions are made in writing. These terms and conditions are valid from 01.02.2011 and replace all previous regulations.