General Terms & Conditions of nübee AG

SCOPE

The following General Terms & Conditions (hereinafter ‘GTC’) apply to all products and services offered on the website www.heynubee.ch and in our webshop (collectively referred to as the ‘online platform’). By using the online platform and/or ordering or using our products and services, you accept these GTC in full at the respective time.  These GTC constitute a binding agreement between nübee AG, Drahtzugstrasse 4, 8008 Zürich, Switzerland (hereinafter also ‘we’ or ‘nübee’) and its customers (hereinafter also ‘you’ or ‘customer’). The terms and prices published on the online platform apply to all products and services. The customer chooses products or services from the range of products and services offered by nübee at the time of use.

ORDERING ONLINE

In order to be able to place an order online, the customer must set up a customer account. The customer is obliged to store his/her password securely and refrain from disclosing it to third parties. nübee accepts no responsibility or liability for the improper use of a customer account by unauthorised third parties. The product details, prices and illustrations on the online platform shall not be deemed to constitute a binding offer. The customer selects the products he/she wishes to order from the webshop. The chosen products will be shown in the shopping basket. The customer’s order will be completed upon submitting the order form. nübee will confirm receipt of the customer’s order by email. The customer is obliged to provide true and complete information with respect to any customer details required for the registration and/or ordering process, such as personal details, addresses and payment details. nübee shall otherwise be entitled to withdraw from the agreement immediately. The order constitutes a binding offer by the customer to purchase the products shown in the shopping basket. The provision of the products ordered for dispatch constitutes acceptance of the offer by nübee.

SUBSCRIPTIONS

Customers can opt to receive regular and recurring product deliveries (‘subscription’).  If a subscription is activated, the goods ordered will be delivered at the respective intervals specified by the customer.  There is no minimum term of subscription. The subscription may be cancelled at any time in writing by sending an email to info@heynubee.ch. The period of notice is five days. nübee must accordingly receive written notification of cancellation by Sunday 11.59 p.m. CET for an agreed delivery the following Friday. For an agreed delivery on Wednesday, nübee must receive written notification of cancellation by the Friday (11.59 p.m. CET) of the previous calendar week. Any cancellations received by nübee after this period of notice (i.e. on Sunday after 11.59 p.m. CET for a delivery on Friday and Friday after 11.59 p.m. CET for a delivery on Wednesday) shall not become effective until the next possible delivery date as per the delivery interval. The subscription may be suspended, taking into account the same period of notice.

DELIVERY

Products are dispatched upon delivery to the transport service provider for shipment to the address specified by the customer at the time of ordering. nübee delivers exclusively to addresses in Switzerland and Liechtenstein.  The customer is obliged to ensure that the products ordered can be handed over personally at the specified delivery address on the chosen delivery date.  If delivery is not possible for reasons attributable to the customer, the customer shall bear all costs and risks associated with non-delivery. A second delivery attempt is generally not possible. The benefits and risks of the products pass over to the customer upon dispatch.

PRICES AND TERMS OF PAYMENT

The relevant prices are those currently specified by nübee on the online platform. Unless stated otherwise, the prices are quoted in Swiss francs, including Swiss value added tax. The purchase price (incl. shipping costs) for individual orders placed by the customer shall become due upon entering into the agreement and the customer shall be obliged to pay in advance.  If the customer takes out a subscription, the price of the first delivery shall be charged to the customer’s specified credit card or invoiced immediately. The price of subsequent deliveries during the course of the subscription shall continue to be charged to the customer’s credit card or invoiced. Payment shall be made at the time of ordering by any of the credit cards accepted by the webshop or by any of the other payment options specified in the webshop. By providing your credit card details, you are authorising nübee to collect the amount due. SSL encryption is used to transmit credit card details. Until the respective invoice amount for a delivery has been paid in full, nübee shall in all cases retain title to the goods delivered. nübee shall also be entitled to make a corresponding entry in the retention of title register. The customer is prohibited from offsetting outstanding amounts.

WARRANTY

nübee renders its services in a careful and professional manner and makes every effort to depict its products as clearly as possible and to provide you with sufficient product-related information. However, nübee can neither guarantee nor warrant that the depictions and descriptions of products, the specification of prices and other information contained on the online platform are correct, complete and up to date. The customer is obliged to examine all products delivered by nübee immediately upon receipt and to object to any defects or delivery errors at once (no later than fourteen [14] days after receipt). Otherwise, the product shall be deemed accepted. If a product is defective and this defect was not caused by the customer’s handling of it, nübee will provide a defect-free replacement free of charge within fourteen (14) days.

LIABILITY

nübee shall only be liable – irrespective of the legal reason – for unlawful intent and gross negligence. Liability for slight negligence and indirect damages, lost profit or consequential damages is expressly excluded. Any liability for damages caused by force majeure is also excluded. Force majeure constitutes, in particular, sovereign acts and coercive measures, unforeseeable system failures, communication network disruptions, riots and other reasons for a temporary suspension of services rendered by nübee.

RIGHT OF REVOCATION

The customer has the right to withdraw from this agreement within fourteen (14) days without giving any reasons. The right of revocation begins on the day on which the customer, or a third party – other than the transport service provider – designated by the customer, has taken possession of the final goods. For subscriptions: The customer has the right to withdraw from this agreement within fourteen (14) days without giving any reasons. The withdrawal period is fourteen (14) days from the day on which the customer, or a third party – other than the transport service provider – designated by the customer, has taken possession of the first goods. In order to exercise his/her right of revocation, the customer must inform nübee (nübee AG, Drahtzugstrasse 4, 8008 Zürich, Switzerland, info@heynubee.ch) of his/her decision to withdraw from this agreement by submitting a clear statement (by post or email). This statement must contain the following information:

  • Express declaration of withdrawal from the agreement;
  • Specification of relevant goods/services;
  • Bestelldatum und Empfangsdatum; Name des Kunden;
  • Order date and date of receipt;
  • Name of customer;
  • Address of customer;
  • Signature of customer (only for postal notification);
  • Date

The withdrawal period shall be deemed observed if the customer notifies nübee of his/her intention to exercise his/her right of revocation before the withdrawal period expires. If the customer withdraws from the agreement, nübee shall refund all payments made by the customer within the scope of the effectively withdrawn agreement, including delivery costs, without delay and within fourteen (14) days of receiving notification from the customer of his/her withdrawal from the agreement. nübee shall refund this payment using the same payment method used by the customer for the original transaction. nübee may withhold repayment until it has received the returned goods or the customer has provided evidence of having returned the goods. The customer is obliged to return or hand over the goods to nübee without delay and no later than fourteen (14) days from the day on which he/she informed nübee of his/her withdrawal from the agreement. This period of notice shall be deemed satisfied if the customer sends the goods before the fourteen-day period has expired. He/she shall bear the direct costs of returning the goods. The customer shall only be liable for any diminished value of the goods if this depreciation in value is due to the unnecessary handling of the goods to ascertain the quality, characteristics and functioning of the goods.  The right of revocation only applies to unopened goods in their original packaging.

DATA PROTECTION

The collection and processing of personal customer data by nübee is outlined in the Privacy Policy. This forms an integral part of these GTC. The Privacy Policy can be found under /data-protection.

CONTENT RIGHTS

nübee and/or the designated rights holders hold the rights (e.g. copyrights, trademark rights and other property rights) to texts, images, photos and other contents on the online platform. Reproductions, amendments or links require the prior written consent of the rights holders.  The online platform may contain external links to third-party websites. By clicking on these links, you will leave our online platform. nübee cannot guarantee that the content of the linked websites is up to date, complete and accurate. The content and accuracy of the information is the responsibility of the respective provider of the information on the linked website. nübee accepts no responsibility for such websites.

FINAL PROVISIONS

Should individual provisions of these GTC prove to be invalid or void, this shall not affect the remaining provisions of the GTC. nübee will disclose any changes to the GTC on its online platform. New or amended offers and prices apply as soon as they are announced on the online platform. The contractual relationship between the customer and nübee is subject to Swiss law, to the exclusion of conflict of law principles and the United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980 (CISG). The exclusive place of jurisdiction for disputes between the customer and nübee is Zurich (Switzerland). Alternatively, nübee is entitled to take action against the customer at his/her domicile.