1.1. The range of goods we offer in our online store is aimed exclusively at consumers who usually reside and have a delivery address in Switzerland (hereinafter referred to as “customers »).
1.2. The operator of the online store accessible at www.kyabya.ch (hereinafter referred to as « online store ») and your contractual partner is the company:
KYA BYA (SUISSE) SA
Chemin de Mornex 2
1.3. These General Conditions of Sale (hereinafter referred to as « GTC ») apply to all contracts concluded between you in your capacity as customer and us in our capacity as operator of the online store www.kyabya.ch (hereinafter -after referred to as “vendoress” or “KYA YBA”). In the context of ordering operations, you acknowledge the GTC in their version in force at the time of placing your order. To be binding, all oral or telephone agreements must be confirmed in writing. This written form requirement is also met when a statement is contained in an email.
2.1. The offer to conclude a sales contract comes from the customer, when the customer, after having fully completed the order page, clicks on the « Buy » button. The customer remains bound for a week to his order. The contract is binding if we accept the order within this period in accordance with paragraph 2.3.
2.2. After sending his order, the customer receives an automated email by which we confirm that we have received the order (confirmation of receipt of order). This confirmation of receipt of order is only used to inform that we have received the order.
2.3. A valid contract is only formed if we declare that we accept the contract. We declare that we accept the contract by sending an invoice to the customer, by confirming the order (confirmation of order acceptance), by confirming by email that the goods have left our warehouse (shipping confirmation) or at the latest by the delivery of the merchandise.
2.4. The contract is only formed for the items expressly listed on our invoice, on the order acceptance confirmation or on the shipping confirmation. This also ultimately results in the volume of the service.
2.5. The contract is concluded in the English language. The data saved by us serve as proof of the conclusion of the contract and the transaction.
2.6. The customer has the possibility, during ordering operations, to print his order and the data he has entered. In addition, the possibility is offered to him to open a customer account. Within the customer account, it is possible to consult the order data after entering the personal access data. KYA BYA reserves the right to block customer accounts at its own discretion and without giving reasons.
3.1. All prices are net prices in Swiss francs (CHF), VAT and, where applicable, advance recycling costs and copyright included. We reserve the right to modify the prices, conditions and vintages indicated on our website, the reference day being the day of the order.
Price differentials between discounted or discounted items / services that are offered online and in-store items / services offered at reduced or discounted prices are possible. No claim of a subsequent price or credit rating adjustment can be taken into account. There are also promotions, discounts and reductions of a local, regional and national nature on items and services in stationary commerce which cannot be offered in the same way online.
3.2. General shipping costs: Orders under CHF —— will include a shipping cost of CHF —-.
4.1. Payment of the sale price is made by KYA BYA Gift Card, credit card (VISA, Mastercard and American Express), Debitcard, Postcard or invoice, to the extent provided and available on the website. In the event of payment by credit or debit cards, the data transmitted is encrypted.
4.2. Orders are payable immediately taking into account the following provisions.
4.3. In the case of purchase on account, the purchases made are invoiced in the middle and at the end of the month. Purchases of goods and returns intersecting with settlements will be recorded on the following invoices (account statement). If no complaint is made about our statements within 14 days of the invoice date, the posted balance is deemed to be accepted. The
amount on the invoices is due within 20 days from the date of issue of the invoice. In the event of late payment, we charge late payment interest at the rate of 1.17% per month on the amount due. In addition, we charge a reminder fee of CHF 30.00 for each reminder. These charges are in addition to the overdue amount in addition to late interest.
4.4. As a customer, you only have rights of set-off or retention insofar as your claim has been legally established by decision having acquired the force of res judicata or is uncontested. This provision does not derogate from your rights in the event of defects in the item delivered.
4.5. Until full payment of the invoice amount for a delivery (final and unreserved credit entry of the total amount of the sale price), we reserve title to the goods delivered in any case. The vendor is empowered to make a corresponding entry in the Register of retention of title.
4.6. Please note that our online store is primarily intended for the needs of private customers. For this reason, it is not possible for us to subsequently issue invoices, receipts or VAT statements for your online orders.
5.1. On our website, you can purchase vouchers commonly known as « Gift Cards ». The purchase of vouchers is done through the shopping cart in our online store.
5.2. The minimum amount for a Gift Card is —-.00 CHF, the maximum amount is 2,000.00 CHF.
5.3. We send the Gift Cards by post and, from a value of CHF 300.00, by registered mail. We assume no responsibility for the loss of a voucher as a result of its delivery by post.
5.4. The Gift Card entitles its holder to purchase goods from our online store and can be used in any KYA BYA or affiliate stores.
5.5. In the online shop, it is possible to use the Gift Card during the payment process in accordance with paragraph 4.1 sqq. by entering the voucher number. The amount of the voucher is deducted from the sale price. If, when paying with the Gift Card, the amount of the voucher is not fully reached, the remainder remains on the card. If the holder of a Gift Card purchases for an amount greater than that of the voucher, the difference will be paid within the payment process.
5.6. If the Gift Card remains inactive for 24 months, it is deleted from the system and its amount canceled. No cash payment is possible. In the event of loss, theft or damage to the Gift Card, we assume no responsibility and no refund of the sale price is made.
6.1. The vendor limits deliveries to the territory of Switzerland. Delivery is made directly to the delivery address and to the contact person provided by the buyer. It is also possible to choose, as delivery address, a KYA BYA point of sale or an affiliate of the Click & Collect offer mentioned in the online store. Excluded from Click & Collect are unregistered customers of the seller’s online store.
6.2. Delivery takes place on the condition that we ourselves have been properly and timely supplied by our suppliers. In the event of force majeure such as strikes and other social unrest, riots, war, natural disasters as well as in the event of discontinuation of deliveries from the manufacturer or an upstream supplier, there is no delay in delivery. The seller assumes no responsibility for delivery delays attributable to manufacturers or third parties.
6.3. If the goods ordered are not all in stock, we are entitled to make partial deliveries. If it turns out, after conclusion of the contract, that the goods cannot be delivered, either partially or in full, for reasons not attributable to the seller, the customer is entitled to withdraw from the contract.
6.4. Our service consists of an obligation to ship; it is completed when the shipment is handed over to the person in charge of transport. After dispatch, the risk of accidental damage and loss of the goods passes to the customer. We are not liable for any fault of the company providing the transport.
6.5. The delivery times mentioned in our online store and in our confirmation of order acceptance in accordance with paragraph 2.3 are calculated from the date of our confirmation of receipt of order.
6.6. IMPORTANT INFORMATION: We will send the refrigerated items to you by mail A with dry ice. Teh goods must immediately be refrigerated as per the information on the labels. In order not to interrupt the cold chain, it is important that you personally receive the package. Otherwise, we advise you to indicate another delivery address (eg: your business address).
Delivery times are shown in the following table excluding special orders and customization:
• Order Monday until midnight, delivery Wednesday
• Order Tuesday until midnight, delivery Thursday
• Order Wednesday until midnight, delivery Friday
• Order Thursday until midnight, delivery Tuesday
• Order Friday until midnight, delivery Tuesday
• Order Saturday until midnight, delivery Tuesday
• Order Sunday until midnight, delivery Tuesday
7.1. You are required, as soon as the normal course of business allows it, to check the products delivered and to report any defects found to our customer service immediately at HELP@KYABYA.COM If you fail to do so, the products are deemed to be accepted. Acceptance is in any case deemed to have taken place insofar as the customer has not communicated a complaint by email to customer service within 5 days of delivery.
7.2. Non-identifiable defects despite proper verification in accordance with the previous paragraph must be communicated by email to HELP@KYABYA.COM immediately after being discovered, failing which the products ordered will also be deemed accepted with regard to these defects.
7.3. The defective product will be returned with a copy of the invoice and a detailed description of the defect (s). The return address will be communicated to the buyer by email after receipt of his written complaint. The transport costs incurred are the responsibility of the customer.
7.4. We provide a guarantee service by eliminating faults, which takes place, at our option, either by the performance of a secondary service, namely the elimination of a defect (rework), or by the delivery of a goods free from defects (replacement supply). The replaced products become the property of the seller.
7.5. If the secondary service is not successful, the customer is entitled to withdraw from the contract. These provisions do not apply in the event of minor defects. Any right of the customer to a price reduction is excluded. This exclusion of liability also extends to all claims competing with warranty rights, whether rights arising from the contract (article 97 ff. CO), an unlawful act (article 41 ff. CO), contestation of the contract for error (article 23 ff. CO), etc.
7.6. The warranty does not cover normal wear and tear as well as the consequences of improper handling or deterioration by the purchaser or third parties, as well as defects attributable to external circumstances.
• Items that have been worn, soiled or damaged are in particular excluded from the guarantee.
• Inappropriate storage or an incorrect assessment of the degree of maturity of the caviar (that is to say storage, premature or late consumption) are not considered as cases of application of the guarantee.
7.7. The customer does not receive any guarantees in the legal sense of the seller. Manufacturing guarantees are not affected. The seller assumes no responsibility for descriptions written by third parties, including customers, as part of the online store, nor for customer comments posted in our social media presences.
8.1. For non-food products, the customer has the right to return the goods delivered for 14 calendar days (from the date of delivery or receipt). The return deadline is met when the merchandise is handed over on the last day for shipment to the post or other shipping company.
8.2. The merchandise must be placed in its original packaging, be complete with all its accessories and accompanied by the completed delivery slip / return slip as well as a possible warranty slip. Sealed and sealed plastic packaging products can only be returned if they have not been opened. Any seal must not have been broken. Hygiene items (underwear, socks, bras, hosiery, protective masks and bathing clothes) and foodstuffs are excluded from the right of return.
8.3. The merchandise must be returned, accompanied by the completed return slip attached to the delivery and a copy of the invoice that you received by email, to the following address:
KYA BYA (SUISSE) SA Quai du Mont-Blanc 25 1205 Geneva
8.4. The cost of returning items is assumed by KYA BYA. Shipping costs and costs inherent in the gift wrapping are not reimbursed. Coupons and special offers are also not refunded. If the merchandise is not returned in good condition, we will charge you for the loss in value incurred. Return of goods can be requested free of charge at every Click & Collect location of KYA BYA.
8.5. In the event of proper return of the goods, the total price paid will be refunded to the customer, after examination of the goods, by a credit entry. A discount is always made on the means of payment used during the purchase. In the event of any rebates resulting from invoice purchases, we will refund the amount by transfer to the corresponding bank account.
9.1. All cases of contractual violations and their legal consequences, as well as all the rights of the customer, whatever the title to which he asserts them, are regulated definitively in these GTC. All other rights of the customer – regardless of their legal title – are, to the extent permitted by law, excluded. Neither the vendor, nor its agents and possible vicarious agents assume any responsibility for damage which has not occurred to the goods themselves, in particular for consequential damage, loss of profit or any other material damage. suffered by the buyer.
10.1. In our online store, we generally do not sell alcohol to young customers under the age of 18. By sending his order, the buyer confirms that he is at least 18 years old, so that this arrangement and the legal instructions can be observed.
10.2. Each customer must provide their date of birth in the payment process under the heading « billing address and delivery » as proof of age.
11.1. The collection and processing of the customer’s personal data by the seller is explained in the data protection declaration. This declaration is an integral part of these GTC. The data protection declaration can be viewed here.
11.2. The customer hereby agrees to the storage of personal data entered by him in the context of the use of our website. This agreement also applies to the safeguarding of the IP addresses transmitted each time the website is used. In addition, the customer also consents to the use of his personal data for the purposes of personalizing advertisements and product offers posted on the website. No personal data is transmitted to advertisers.
11.3. Finally, the client declares that he agrees that the seller may use the client’s personal data for direct marketing purposes. This includes advertising communication to the customer by email and post.
11.4. By accepting these conditions, the customer confirms the accuracy of the information provided. The customer authorizes KYA BYA (SUISSE) SA to take all necessary measures to verify the order information with the administrative services, organizations providing information on loans and with the loan information file (FRE). KYA BYA (SUISSE) SA will collect information on existing customers from these organizations at regular intervals.
12.1. In the event that individual provisions of these T & C are out of date or incomplete or their execution becomes impossible, the validity of the other provisions will not be affected. The contractual partners undertake to replace the lapsed provision with a valid and admissible provision which, in terms of content, closely matches their original intention and the economic objective thus pursued.
12.2. Any modification or addition to these T & Cs requires a form allowing proof of this in the text, such as fax and email. This provision also applies to a change in the written form requirement. As soon as the customer, after a modification, uses the services of the seller, he implicitly accepts the new GTC.
12.3. All other contractual conditions of the customer, in particular those he declares applicable jointly with the acceptance of the contract, do not become an integral part of the said contract. They are only valid if and to the extent that they have been expressly accepted in writing by the seller.
Swiss law is exclusively applied to the exclusion of the legal conflict of law rules of the Vienna Convention. The domicile of jurisdiction is made up of the ordinary courts of the head office of the vendor.