CONTRACTING PARTIES AND CONTRACT

1          Contracting parties and contract

1.1       For orders via our online shop or phone and any other communication platforms as well as verbally, the contract is made with:

YELASAI GmbH
Bergtalstrasse 46
CH-9500 Wil

1.2       Our offers are valid as invitations to make a quote. From the submission of the order, the buyer accepts mandatory the conclusion of the offered contract and the present terms and conditions.

2          Terms of contract and fulfillment

2.1        Subject to the present Terms and Conditions, the content of the concluded contract between us and the buyer and also the completion of the contract is determined according to the mentioned product description and specified conditions by us as they were seen by the buyer at the time of the binding order on the offering website as well as any individual agreements between the parties before the conclusion of the contract.

2.2       We are solely responsible for quotation texts, pictures, the statutorily required information for ordering and purchasing, as well as special regulations (paragraph 9). We are liable in particular that the content is not illegal and does not infringe any third party rights, in particular trademark, competition, copyright or personal rights.

3          Prices and offers

3.1       Prices are inclusive of VAT. Shipping costs, transaction costs or expenses that are associated with the shipping are reported separately and charged extra.

3.2       We reserve the right to change prices at any time. For customers, the prices published on the website at the date of order are valid.

3.3       Offers in our online shop are under the (dissolving) condition of an erroneous quotation or an inability to deliver. We are not liable for erroneously incorrect price quotations or product descriptions..

4          Payment

4.1       The payment is in principle possible in the following ways according to the customer’s request:

a) Prepayment

b) The buyer can settle the payment via online payment services such as PayPal..         

c) Credit purchase: All major credit cards are accepted.

4.2       For the payment methods "Prepayment" or "invoice" the purchase price has to be paid to the account of YELASAI GmbH. For all other payment methods (e.g. credit cards and direct debit) the purchase price will be charged to the customer and credited to the account of the YELASAI GmbH after completion of the order and sending of order confirmation.

4.3       We reserve the right on every order not to offer certain payment methods and to refer to other types of payment methods.. 

4.4       When invoicing, the invoice amount must be paid within 15 days (from date of invoice) to the following account of YELASAI GmbH:

Payments from Switzerland and Liechtenstein in CHF

Raiffeisenbank Wil und Umgebung, Bronschhoferstrasse 11, CH-9500 Wil 
Bank code: 81320
Account name: YELASAI GmbH, Bergtalstrasse 46, 9500 Wil
IBAN: CH38 8132 0000 0031 6803 0
SWIFT Code: RAIFCH22D20

For payments from the EU in EURO, use the following data:

Sparkasse Bodensee
Bank code: 69050001
Account number: 24889644
Account name: YELASAI GmbH, Bergtalstrasse 46, 9500 Wil
IBAN: DE92690500010024889644
BIC: SOLADES1KNZ

5          Terms of delivery

5.1       The delivery is processed after receipt of payment unless otherwise agreed.

5.2       By dispatching the goods for shipping, the risk passes to the buyer..

5.3       Information on availability and delivery dates is not binding unless they are confirmed by us in writing. Available stock assumed, the delivery happens usually within 3-4 working days.

5.4       We are not liable for delays in delivery which were caused by manufacturing companies or third parties.

6          Return, cancelation or termination of contract

6.1       We guarantee delivery of flawless, new products unless they have been explicitly exempted from such guarantee in its Terms and Conditions.

6.2       Basically, the buyer cannot return the order or insist on a cancelation of the contract, unless there is a defect (see paragraph 7). Products ordered by the buyer by mistake will not be returned or refunded.

6.3       We also reserve the right to grant special return guarantees on selected items. This return guarantees are mentioned in the selected articles.

7          Warranty and guarantee

7.1       The buyer must examine the goods immediately upon receipt and must notify defects immediately, but no later than within 8 days, to us.

7.2       If there is a defect, the buyer has the choice to require free repair, to make a deduction corresponding to the reduced value from the price submitted, to withdraw from the contract or to demand a replacement. The right for free repair exists only insofar as it does not cause excessive costs to us. The buyer's right to claim damages remains reserved in all cases.

8          Liability

8.1       A liability for slight negligence, regardless of the legal reason is expressly excluded subject to mandatory statutory provisions. A liability for any indirect or consequential damages is hereby expressly and fully excluded.

8.2       We are not liable for temporary unavailability of the website, failure of individual or all site functions or malfunctions of the website.

8.3       Customers are responsible for ensuring the security of systems, programs and data that reside in their control. Customers should keep passwords and user names confidential to third parties in their own interest.

8.4       We are not liable for defects and faults we are not responsible especially not for security deficiencies and operational failures of third party companies with whom we cooperate or which we depend.

8.5       Further we are not liable for force majeure, improper actions and disregarding of risks of the customer or a third party, excessive use, unsuitable resources of the customer or a third party, extreme environmental conditions, manipulations or disorders by the customer or third parties (e.g. viruses, worms), which happen despite the current necessary security precautions.

8.6       Neither the scalp and hair care treatment of Hair Active Expert nor the recommendations of YELASAI Ltd. and the respective hairdresser replace a medical examination or treatment. The Hair Active Expert is not doing any diagnoses or prescribing any medication. The active scalp and hair care with the cosmetic products and nutritional supplements can be used to complement other measures.

The YELASAI GmbH and the service providers of the Hair Active Experts offer products and services. The products are thoroughly tested and sophisticated. A liability or guarantee outside the given frame is rejected.

9       Severability clause, applicable law and jurisdiction

9.1     If any provisions of these Terms and Conditions should be ineffective in whole or in part, the validity or effectiveness of the other (sub-) provisions is thereof not affected. Invalid or ineffective conditions are replaced by those which correlate economically closest to the meaning and purpose of the invalid or ineffective provisions. The same applies to any gaps in the present regulation.

9.2     These Terms and Conditions, all contracts and all related disputes subject to Swiss law.

9.3     The exclusive jurisdiction for disputes in connection with delivery, transaction, essence of the contract etc. against us is Wil/SG, Switzerland. 

Version: September 2016