TERMS AND CONDITIONS

1 Scope of application

The General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions concluded via the online store www.nohangover.ch (hereinafter each individually referred to as "Online Shop"). The online store is operated by J & A KG (hereinafter referred to as "J & A ").

The General Terms and Conditions also apply to all legal transactions concluded within the framework of the J & A Dealer Program (hereinafter referred to as the "Dealer Program"). In the Dealer Program, selected independent third-party providers (hereinafter referred to as "Dealers") can offer products and services in their own name and sell them directly to customers via J & A's online stores.

For products that are marked "used" in the online store, the General Terms and Conditions of Purchase Resale Platform (AKB) apply in addition or in part deviating from these GTC.

J & A reserves the right to change these GTC at any time. The version of these GTC valid at the time of the order shall apply and cannot be unilaterally changed for this order. Conflicting conditions or conditions of the customer that deviate from these GTC are not recognized.

The offer of products and services in the online store, explicitly also in the context of the dealer program (hereinafter referred to as "offer"), is directed exclusively to a clientele with residence or company headquarters in Switzerland or Liechtenstein.

Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.

The offer is valid as long as the product can be found via the search engine in the online store and/or as long as stocks last.

For all product orders with a minimum age requirement of 18 years (in particular alcohol and tobacco products), the customer confirms compliance with these legal provisions with the order.

Orders in quantities that are not in line with household requirements may be rejected without justification.

2 Information

2.1 Product and price

Images of products in advertising, brochures, online store, etc. are for illustrative purposes and are not binding.

All sales prices published in the online store are final prices, which include all taxes (in particular VAT), any prepaid recycling fees (vRG), costs for packaging / s, delivery costs and all other possible charges, fees or costs. Excluded from this is only a possible minimum quantity surcharge, which is levied by J & A. In addition to the final price, a small quantity surcharge of a maximum of CHF 9.00 will be charged if the total of the shopping cart is less than CHF 50.00 for an order. J & A and the dealers reserve the right to change the prices of the products and services offered at any time. Decisive for the conclusion of the purchase contract is the price in the online store at the time of the order.

If the customer orders from a dealer based abroad who is not entered in the Swiss VAT register, the customer, as importer of the products supplied by the dealer, is liable for Swiss import tax and any customs duties. The Customer hereby authorizes and instructs J & A (or a third party appointed by J & A) to make the import customs declaration of the Products delivered by the Dealer in Switzerland in the name and on behalf of the Customer and to pay the Swiss import duties (import tax and any customs duties). The customer pays the expected Swiss import duties in advance to J & A together with the purchase price. Any difference to the Swiss import duties actually incurred will be refunded to the customer. J & A provides the customer with an import duty notice in an appropriate form or enables its electronic retrieval. The customer shall raise any objections regarding the import duty notice within seven (7) working days after receipt or retrievability. After expiry of this period, the customer shall have no recourse against J & A for any defects in the import duty notice.

Additional services ordered from J & A for a fee, such as installation, disposal, warranty extensions, insurance, etc. will be offered by J & A. Such additional services are listed separately in the shopping cart and on the invoice.

2.2 Availability and delivery time

J & A attaches great importance to availability and delivery times in the online store current and accurate. However, due to production or delivery bottlenecks in particular, there may be delays in delivery both at J & A itself and at dealers. All information on availability and delivery times are therefore without guarantee and may change at any time.

2.3 CO2 compensation

J & A can give the customer the choice to make a contribution of up to 5% of the value of the goods to offset the CO2 emissions of his purchase. If this choice is available, it will be displayed to the customer together with the amount of the climate contribution in the order overview. J & A collects the climate contribution with the support of a third-party provider. The contributions go to selected environmental projects. Learn more about this here. Once the order has been prepared for shipment, the climate contribution paid is non-refundable. J & A does not guarantee that information, assurances or calculations made by J & A or the third party provider regarding the climate contribution are correct.

3 Conclusion of contract

The products and prices in the online store are considered an offer. However, this offer is always subject to the contract dissolving condition of an impossibility of delivery or incorrect pricing.

The purchase contract is concluded for products or services of J & A with J & A as soon as the customer places his order in the online store, in one of the branches, by telephone or e-mail (hereinafter referred to as "purchase contract").

For products and services offered by a dealer, the contract is concluded directly between the dealer and the clientele at the time of ordering in the online store, in one of the branches, by phone or e-mail. J & A merely mediates these purchases. J & A is in this case always only as an intermediary and service provider for the dealer, but does not itself become the contractual partner of the customer. For products and services offered by a dealer based in Germany, who is not registered in the Swiss VAT register, the purchase contract is concluded via the stated price in the online store in euros. The clientele must pay in Swiss francs.

The customer can see in the online store and on the invoice who is the supplier and who is the contracting party in the case of a purchase (i.e. J & A or a dealer).

The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation from J & A to the e-mail address specified by him. Receipt of the automatically generated order confirmation does not constitute a promise that the product can actually be delivered. It merely indicates to the customer that the order placed has been received by the online store and that the contract with J & A or the dealer has thus been concluded, subject to the condition that delivery is possible and the price is correct.

4 Delivery date

With the order confirmation, the customer will be notified of a provisional delivery date, or contact will be made with the customer and a particular delivery date agreed.

If J & A or the dealer is in default of delivery, the customer (except for special orders) from the 30th calendar day since the originally announced delivery date, the right to withdraw from the contract. In this case, J & A will refund the customer any amounts already paid in advance. Any further claims against J & A or the dealer do not exist.

5 Delivery/store pickup

For products and services of J & A, the customer has all delivery and collection options available, which are noted in the online store under "Delivery and collection".

Products and services that the customer buys from a dealer can only be delivered to the customer via shipping.

The Customer's delivery address must be in Switzerland or Liechtenstein and easily accessible by truck. If this is not the case, the customer bears the possible additional costs.

If the customer chooses the delivery option "delivery to the place of use", the customer is responsible for ensuring that access to the place of use is possible and guaranteed. The customer must verify that the product will fit through the access points (e.g. stairwell, doors, etc.). If the product cannot be transported to the place of use, the customer shall bear any additional costs for this.

If the customer does not accept the ordered products on the agreed or indicated delivery date, J & A or the dealer may terminate the contract (cancel) and charge the customer the delivery costs incurred and any loss in value.

If the customer does not collect the products ordered in a store (store collection) within 14 calendar days from the date of readiness for collection in the store, J & A may dissolve (cancel) the contract.

6 Duty to inspect

The customer must immediately inspect delivered or collected products for correctness, completeness and delivery damage.

In the case of forwarding deliveries, any delivery damage must be noted on the delivery bill.

Delivery damage, incorrect and incomplete deliveries are, also for all products and services of a dealer, J & A within 5 calendar days from the date of collection or delivery to report. The customer is aware that such a report must be made via the personal customer account in the online store under the heading "Returns and warranty". The customer may not put such a product into operation. It must be stored as received in its original packaging and the instructions of the return process under "Return and warranty" in the personal customer account must be followed.

7 Warranty

7.1 Basic provisions

J & A or the dealer assumes the warranty for 2 years after delivery or store pickup for freedom from defects and functionality of the ordered product. The warranty period continues regardless of the provision of any warranty services. J & A or the dealer may choose to extend the warranty by

free repair (original warranty period continues on entire products);

partial and complete replacement with an equivalent used/repaired product. (in case of replacement in the 1st year of warranty, the original warranty period continues, in case of replacement in the 2nd year of warranty, the warranty period is 1 year from the date of replacement);

Replacement with a new product by J & A (new warranty period of 2 years from the date of replacement).

Credit note at the current price (maximum the selling price at the time of the order); or reduction provides.

Wear parts such as batteries, rechargeable batteries, power cords, adapters, lamps and software problems are excluded from the warranty by both J & A and the dealer. In all other respects, the exclusions of liability pursuant to Section 8 apply.

If the manufacturer's warranty exceeds the warranty of J & A or the dealer, J & A or the dealer also grant this to the customer.

When handing over a data carrier or a product with a data storage device contained therein to J & A or the dealer, a complete loss of data must be expected in any case. The customer is responsible for a proper data backup and the protection of their data. J & A or the dealer accept no liability for any loss of data.

Both J & A and the dealer can provide the customer with a replacement device/exchange device at their discretion during the examination of the warranty claim (exchange subject to reservation). This is subject to the (suspensive) condition that there is actually a warranty case. Thus, the customer acquires ownership of the replacement product only at the time of the warranty commitment by J & A or the dealer. In the event of rejection of a warranty claim by J & A or the dealer, the customer may purchase the replacement product at the value of the goods at the time of delivery, or he is obliged to return the replacement product at his own expense.

All further and in particular the statutory provisions on warranty are excluded.

7.2 Additional provisions for used goods

Other provisions apply to the already discounted products, which are marked in the online store as "As good as new + Tested" or "Used + Tested". They may have slight optical defects or be repaired products. These optical defects are excluded from the warranty and are mentioned in the item details. Furthermore, the warranty period for these products is one year from the date of delivery or store pickup.

The clientele is aware that it acquires a used electronic product that could contain personal data of the previous owner/user, and in this context, any liability is rejected by J & A or the dealer.

7.3 Warranty extension

The customer has the possibility to purchase a warranty extension for another 12 or 36 months. The warranty extension is a time extension of the previous warranty. The warranty extension can be concluded directly during the product purchase or until the expiry of the regular warranty.

The duration of the warranty extension continues regardless of the provision of any warranty services. J & A can extend the warranty either by

free repair (original warranty period continues on entire product);

partial and complete replacement with an equivalent used/repaired product (in the case of replacement, the warranty period is 1 year from the date of replacement);

Replacement with a new product by J & A (new warranty period of 2 years from the date of replacement);

Credit note-taking into account the current value of the purchased product (this is 80% of the original purchase price in the 3rd year, 60% in the 4th year, 40% in the 5th year);

yield.

For warranty extensions with the "Pick-up & Return" option, an appointment will be made, and a pick-up and delivery will be made to the customer's address. The equipment must be suitably packaged and ready at the agreed pick-up time. All shipments will be picked up and delivered from the curb.

7.4 Warranty extension / Express exchange service

The customer has the possibility to extend the warranty by an express exchange service. The express exchange service can be concluded for 2 years and has the advantage that in the event of a defect in the product, no waiting time must be accepted by a repair. J & A will also pay the postage costs for returning the defective product. The defective product will be replaced within one business day of receipt at a J & A store or central warehouse either by a new product of equal value or the purchase price will be refunded. If the product is replaced, the new warranty period is 2 years from the date of replacement. The express exchange service can only be concluded for one product at a time and does not apply to the replacement product.

8 Liability and exclusion of liability

Liability is governed by the applicable statutory provisions. However, in no event shall J & A or the distributor be liable for (i) ordinary negligence, (ii) indirect and consequential damages and lost profits, (iii) unrealized savings, (iv) damages resulting from delay in delivery, and (v) any acts and omissions of the auxiliary persons of J & A or the auxiliary persons of a distributor, whether contractual or non-contractual.

In all other respects, J & A or the dealer disclaims liability in the event of any of the following:

• improper, non-contractual or unlawful storage, adjustment or use of the products;
• use of incompatible spare parts or accessories (e.g. power supply);
• failure to maintain and/or improper modification or repair of the products by the customer or a third party;
• force majeure, in particular elementary, moisture, fall and impact damage, etc., for which J & A is not responsible, and official orders.

9 Payment

9.1 Payment options

All payment claims for products and services purchased through the online stores of J & A, J & A makes directly to the customer. Upon conclusion of the purchase contract, the merchant assigns to J & A the entire payment claim arising under the purchase contract between him and the clientele (assignment). The customer acknowledges this assignment and is obliged to make all payments to J & A exclusively.

Payments must be made in Swiss francs.

Cash payment is only possible for J & A products in the case of store pick-up. In the case of products and services of a dealer, store pick-up and therefore cash payment is excluded.

The customer can use the payment options offered as a means of payment in the online store under "Payment Options".

The current payment method fees, which may be charged by J & A, can be seen under "Payment Options" and are shown in detail in the ordering process.

When paying by credit card or other instant payment methods, the charge is made when ordering.

In the case of payment in advance, delivery will be made only after receipt of payment. The products in the central warehouse of J & A are reserved until the payment period of at least 11 calendar days. This also applies to products that are first ordered externally, but processed and shipped through our warehouse. In the case of products which are delivered directly to our customers by a dealer or an external distributor, the external order will only be processed after receipt of payment.

In the case of chargeable purchase on account (only permitted for products and goods of J & A), the customer is obliged to pay the invoice amount within 20 calendar days after receipt of delivery without any (discount) deduction. In case of partial return of the delivered products, the invoice amount may be reduced accordingly.

9.2 Default of payment

If the Customer fails to meet its payment obligations in whole or in part, all outstanding amounts owed by the Customer to J & A under any title shall become due immediately (in case of advance payment within 8 calendar days from the 1st reminder) and J & A may immediately demand payment and stop further deliveries of Products to the Customer.

J & A charges a handling fee of CHF 5.- for the 2nd reminder and CHF 20.- for the 3rd reminder. In case of unsuccessful reminders, the invoice amounts can be assigned to a company entrusted with the collection. In this case, an additional effective annual interest rate of up to 15% on the invoice amount owed from the due date may be charged. The company entrusted with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.

9.3 Retention of title

Ordered products remain the property of J & A or the dealer until full payment has been made to J & A. The dealer is entitled to retain ownership of the products. J & A or the dealer is entitled to make a corresponding entry in the retention of the title register. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of J & A.

10 Change of order or cancellation

Orders oblige the customer to accept the products and services. Subsequent changes or cancellations of orders by the customer can accept J & A or the dealer at its discretion and charge a handling fee of 20% of the cancelled order value, but at least CHF 60, as well as any loss in value of the cancelled products since their order.

If a (partial) delivery impossibility (resolving condition) occurs after an order or the conclusion of the contract in accordance with section 3, the customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If no payment has been made, the customer will be released from the obligation to pay. Further claims due to delay or failure of delivery are excluded.

11 Return of non-faulty products

Under the conditions listed in the return policy, the J & A grants the right to return the ordered products within a maximum of 30 calendar days, in the case of products from dealers, the return period is 14 calendar days from their shipment or collection.

The customer must register the return of the products through the personal customer account or under the heading "Returns and warranty" on www.nohangover.ch and return them according to the instructions described there. The products must be properly packed with all accessories in the original packaging. Damaged products will not be taken back or will be charged to the customer in full.

If a data carrier or a product with a data storage device contained therein is handed over to J & A or the dealer, a complete loss of data must be expected in any case. The customer himself is responsible for a proper data backup and protection of their data. J & A or the dealer accepts no liability for any loss of data.

If the customer makes use of his right of return, J & A will refund the entire purchase price minus any surcharge for small quantities paid and the return costs listed in the return policy. In the case of clothing and footwear, the return is free of charge for the clientele.

In connection with any return of products for which import customs clearance has taken place in the name of the customer, the customer authorizes and instructs J & A to make the export customs declaration for the returned products and to apply for any refund of Swiss import duties in the name of and on behalf of the customer. If the customer could not deduct the import tax or only partially as input tax and the other conditions for the import tax refund due to re-export of the ordered products are met, J & A will refund the import tax paid in advance by the customer upon receipt of the corresponding amount from the Swiss Federal Customs Administration. In the case of companies listed in the Swiss or Liechtenstein VAT register, proof of the non-deductibility of the import tax must be provided in the form of a corresponding confirmation from the Swiss Federal Tax Administration.

In this context, the customer assures J & A that the information and listing of the returned products according to the return bill generated by the customer in the return process are complete and accurate, and that the return shipment actually contains the products designated in the return bill. The Customer shall fully indemnify J & A against all third party claims in connection with an incomplete or incorrect customs declaration caused by the Customer. J & A has the right to check the information provided by the customer in the context of spot checks.

12 Repair outside the warranty

The costs of repair outside the warranty pursuant to Section 7 shall be borne by the customer. In the case of devices which do not have any detectable defects or where the defect does not fall under the warranty pursuant to Section 7, J & A or the dealer reserve the right to charge the customer for the costs of examining the claimed defect as well as the shipping costs.

13 Community

With the publication of comments and contributions in our community, the author confirms to be in agreement with the community conditions under community conditions of J & A.

14 Further provisions

14.1 Non-assignable returns

Returns that cannot be assigned to a customer or returned to the customer will be held by J & A or the dealer for six months and then disposed of.

14.2 Unclaimed or undeliverable warranty goods

If goods related to the provision of warranty pursuant to Section 7 are not collected from the branches within six months from the date of dispatch of the collection request to the customer or if the goods cannot be returned to the customer, J & A is entitled to dispose of the goods, in particular to dispose of them.

14.3 Data protection

The privacy policy applies to the processing of personal data by J & A.

14.4 Partial invalidity

Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and these GTC as a whole.

14.5 Place of jurisdiction and applicable law

All legal relations between J & A or a dealer and the clientele are subject to substantive Swiss law. The Vienna Sales Convention is not applicable.

The following exclusive places of jurisdiction shall apply:

For all claims arising from sales contracts to which J & A is a party:

For claims brought by consumers, their place of residence or Zurich shall be the place of jurisdiction. In all other cases, Zurich shall be the exclusive place of jurisdiction.

For all claims arising from sales contracts in which a dealer domiciled in Switzerland is a party to the contract:

For claims brought by consumers, their domicile or the domicile of the merchant shall be the place of jurisdiction. In all other cases, the domicile of the merchant shall be the exclusive place of jurisdiction.

For all claims arising from sales contracts in which a dealer domiciled abroad is a party to the contract:

In all cases, the domicile/registered office of the clientele shall always be the exclusive place of jurisdiction.

14.6 Copyright notice

All rights, namely copyrights, to these GTC are owned by J & A.

Any reproduction, distribution or other use is prohibited and only permitted with the express and written consent of J & A. In the event of a breach of this provision, J & A reserves the right to take all legal steps.