General Terms and Conditions (GTC) of upyuu

1. Scope

    The following General Terms and Conditions (GTC) apply to all orders via our website. The offer on this website is aimed exclusively at consumers residing in Switzerland (hereinafter "customer"), Germany and Austria.

    A consumer is a natural person who maintains business relationships with upyuu that cannot be assigned to either their commercial or their self-employed professional activity. Orders in non-household quantities can be rejected without justification.

    upyuu reserves the right to change these GTC at any time. The version of these General Terms and Conditions valid at the time of the order is decisive and cannot be changed unilaterally for this order. Conditions of the customer that conflict with or deviate from these General Terms and Conditions will not be recognised.

    The operator of this website is upyuu (imprint) .

    2. Information on this website

      upyuu contains information about products and services. We reserve the right to make price and assortment changes as well as technical changes. All information on (product descriptions, images, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are for illustrative purposes and are to be understood as approximate values ​​and are non-binding. In particular, they do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. upyuu makes every effort to ensure that all details and information on this website are correct, complete, up-to-date and clear, but upyuu cannot guarantee this, either expressly or tacitly.

      All offers on this website are subject to change and are not to be understood as a binding offer.

      upyuu cannot guarantee that the products listed will be available at the time the order is placed. Therefore, all information on availability and delivery times is not guaranteed and can change at any time and without notice.

      3. Prices

        The sales prices stated on upyuu are final prices and, unless otherwise stated, include the statutory value added tax and any other statutory charges such as early recycling fees (VRG) or copyright charges for electronic devices. The prices are net in Swiss francs (CHF).

        Unless otherwise provided, any shipping costs will be charged additionally and must be paid by the customer. Shipping costs are shown separately in the ordering process.

        We reserve the right to make technical changes, errors and misprints. In particular, upyuu can make price changes at any time and without prior notice. The sales prices do not include any consulting and support services.

        4. Conclusion of contract

          The products and prices on this website are non-binding offers.

          With the order via this website including the acceptance of these terms and conditions, the customer submits a legally binding offer to conclude a contract. upyuu then automatically sends an order confirmation email, which confirms that upyuu has received the customer's offer. Orders placed are binding for the customer. Unless otherwise noted, there is no right of return or withdrawal.

          The contract is concluded as soon as upyuu sends a declaration of acceptance by email, in which the dispatch of the ordered products or services is confirmed.

          Orders will only be delivered after full payment has been received (exception: delivery against invoice) and provided the goods are available. If the ordered goods cannot be delivered or cannot be delivered in full, upyuu is entitled not to accept or execute the order or only partially. In such a case, upyuu will inform the customer by email. If the customer's payment has already been received by upyuu, the payment will be refunded to the customer. If payment has not yet been made, the customer is released from the obligation to pay.

          5. Payment options and retention of title

            The payment options specified in the ordering process are available to the customer.

            upyuu reserves the right to exclude customers from individual payment options without giving reasons or to insist on prepayment.

            If the customer defaults in payment, upyuu can charge default interest of 5% per year and a reminder fee of a maximum of CHF 20 per reminder.

            The products delivered to the customer remain the property of upyuu until full payment has been made.

            6. Promotional vouchers and their redemption

            Promotional vouchers are vouchers that cannot be purchased, but are issued as part of advertising campaigns with a specific period of validity.

            Promotional vouchers can only be redeemed within the specified period and only once as part of an order process. Promotional vouchers cannot be used to purchase gift vouchers. Promotional vouchers can be tied to a minimum order value.

            The value of the goods must at least correspond to the amount of the promotional voucher. A difference to a higher value of goods can be compensated with the offered payment options. The value of a promotional voucher is neither paid out in cash nor does it earn interest. The promotional voucher will not be refunded if goods are returned in whole or in part.

            Promotional vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined unless we have agreed otherwise.

            If a campaign voucher has been used for a purchase, we reserve the right to charge the original price of the goods that the customer keeps if - due to the revocation - the total value of the order falls below the respective value of the campaign voucher.

            7. Gift Certificates and their redemption

            Gift vouchers are vouchers that can be purchased. These can only be redeemed for the purchase of upyuu items, not for the purchase of further gift vouchers. If the credit on a gift voucher is not sufficient for the order, the difference can be made up with the payment options offered.

            Gift vouchers and credit can only be redeemed before completing the ordering process. The balance of a gift voucher is neither paid out in cash nor does it earn interest.

            8. Delivery, obligation to check, notification of defects and return

              Deliveries are sent by post or courier to the address indicated by the customer in the order.

              upyuu strives to keep delivery times as short as possible. However, any delivery periods specified in the order confirmation are non-binding. upyuu is entitled to make partial deliveries. In this case, the customer will only be charged once for the shipping costs.

              If delivery against invoice is offered, the invoice will be sent by email or by post at upyuu's discretion.

              If the delivery cannot be delivered or if the customer refuses to accept the delivery, upyuu can terminate the contract after notifying the customer by email and observing a reasonable grace period and charge for the costs of the activities.

              The customer is obliged to check the delivered goods immediately after receipt of the delivery and to report any defects for which upyuu guarantees immediately in writing by letter or email to the address in the imprint .

              Returns to upyuu are made at the expense and risk of the customer. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the return address provided by upyuu .

              If the inspection by upyuu shows that the goods do not have any detectable defects or that they are not covered by the manufacturer's guarantee, upyuu can charge the customer for the activities, the return shipment or any disposal.

              9. Right of Withdrawal

              The customer is granted a right of withdrawal within 14 days of receipt of the goods. The deadline is deemed to have been met if the customer sends the written revocation to upyuu by email or letter (address according to the imprint ) within the deadline. The revocation does not require justification.

              Exercising the right of withdrawal leads to a reversal of the contract. The customer must return the goods within 14 days in their original packaging, complete with all accessories and together with the delivery note to the return address specified by upyuu in the imprint . The goods must not show any signs of use or damage. Returns to upyuu are made at the expense and risk of the customer. Any payment already made will be refunded to the customer within 30 days, provided upyuu has already received the goods back or the customer can provide proof of shipment.

              upyuu reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the loss of value from the purchase price already paid or to invoice the customer.

              No right of withdrawal is granted in the following cases:

              (i) If the Contract has an element of chance, namely because the price is subject to fluctuations over which the Provider has no control;

              (ii) If the contract relates to a moveable item which, due to its nature, is not suitable for return or which can spoil quickly;

              (iii) If the contract relates to a moveable item made to the customer's specifications or clearly tailored to personal needs;

              (iv) If the contract relates to digital content and this content is not made available on a hard disk or if the contract is to be performed in full by both parties immediately;

              (v) If the contract relates to a service and the contract is to be performed in full by the provider with the prior express consent of the customer before the cooling-off period has expired.

              (vi) In the areas of accommodation, transportation, delivery of food and beverages and leisure activities, if the supplier agrees, when concluding the contract, to provide the services at a specific time or within a specified period of time.

              10. Warranty

                upyuu endeavors to deliver goods of impeccable quality. If defects are reported in good time, upyuu assumes the warranty for freedom from defects and functionality of the item purchased by the customer during the statutory warranty period of usually two years from the date of delivery. It is upyuu's discretion to provide the warranty through free repair, equivalent replacement or refund of the purchase price. Further warranty rights are excluded.

                Normal wear and tear and the consequences of improper handling or damage by the customer or third parties, as well as defects attributable to external circumstances, are not covered by the warranty. Likewise, the warranty for consumable and wear parts (e.g. batteries, rechargeable batteries, etc.) is waived.

                upyuu is unable to provide any assurances or guarantees that the data is up-to-date, complete or correct, or that the website, its functions, integrated hyperlinks and other content will be available at all times or without interruption. In particular, it is neither assured nor guaranteed that the use of the website will not infringe the rights of third parties that are not owned by upyuu.

                11. Liability

                  upyuu excludes all liability, regardless of its legal basis, as well as claims for damages against upyuu and against any auxiliary persons and vicarious agents. In particular, upyuu is not liable for indirect damage and consequential damage, loss of profit or other personal injury, property damage and pure financial loss of the customer. A further mandatory statutory liability remains reserved, for example for gross negligence or illegal intent.

                  upyuu only uses hyperlinks to make it easier for the customer to access other websites. upyuu cannot know the content of these websites in detail, nor assume liability or any other responsibility for the content of these websites.

                  12. Privacy

                    upyuu may process and use the data recorded during the conclusion of the contract to fulfill the obligations arising from the purchase contract and for marketing purposes. The data required to perform the service can also be passed on to commissioned service partners (logistics partners) or other third parties.

                    The data protection regulations can be called up in detail under the following link: data protection regulations

                    13. Partial Invalidity

                      Should individual provisions of these General Terms and Conditions prove to be ineffective or unenforceable or become ineffective or unenforceable, the validity of the remaining provisions shall remain unaffected.

                      14. Additional Provisions

                        upyuu expressly reserves the right to change these GTC at any time and to implement them without prior notice.

                        In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law norms. The UN Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded.

                        The place of jurisdiction is Bern or the place of residence of the consumer.

                        15. Contact

                          If you have any questions about these terms and conditions, please contact: upyuu ( imprint )

                          (Revision May 17, 2022)