Terms & Conditions
01
General
- nirvanjavan.com is an offer by NIRVAN JAVAN GmbH, Peter-Debye-Weg 15, 8049 Zurich (hereinafter referred to as NJ). The general terms and conditions in the valid version at the time of the order apply. NJ reserves the right to change these GTC at any time.
- Any terms and conditions of the customers which are contrary to or deviate from these GTC shall not be accepted. Unless NJ expressly agrees to their validity in writing in individual cases. Individual agreements in individual cases shall in any case take precedence.
- The offer of NJ is directed to customers with legal capacity and domicile and legal entities with registered office in Switzerland.
- The GTC can be accessed, saved and printed on nirvanjavan.com in the latest version.
02
Conclusions of Contract
- The presentation of goods on nirvanjavan.com does not constitute a binding request for the conclusion of a sales contract, but an invitation to make an offer.
- The complete order, namely the pressing of the “BUY NOW” button at the end of the ordering process by the customer, represents a binding request for the conclusion of a sales contract.
- The receipt of the order will be confirmed by NJ by automated e-mail (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of contract.
- NJ shall send an order confirmation by e-mail within a reasonable period of time. The purchase contract for the goods shall be concluded with this order confirmation. If the order confirmation is not sent, the contract of sale shall be concluded when a shipping notice of the goods ordered by the customer is sent.
- No contract is concluded for ordered products that are not listed in the confirmation of purchase or the shipping notice. This can also apply to products that are offered on nirvanjavan.com, but are not available, for example, when your order is received.
- NJ offers products that are ready for shipment from stock. It may happen that due to production problems or quality control at the time of ordering, some products are not available. If this happens, the customer will be contacted immediately by e-mail and within 30 days after confirmation of the undeliverable product, the originally debited amount will be credited.
03
Prices
- All goods are subject to the prices listed on nirvanjavan.com at the time of ordering. Price changes made after the order has been placed will not be taken into account. Technical changes, errors and misprints are reserved.
- All prices of NJ are net prices in Swiss Francs and include the legal value added tax (VAT). Additional costs (e.g. shipping costs unless explicitly borne by NJ or surcharges for certain means of payment) are not included in the price and may be charged additionally.
04
Terms of payment
- The means of payment stated on nirvanjavan.com are valid. NJ reserves the right not to offer certain means of payment for any order and to refer to the other means of payment. NJ has the right to charge surcharges on individual means of payment.
- In case of credit card payment the payment amount shall be debited by NJ immediately after conclusion of the contract. With the payment the Customer confirms that the credit card used belongs to him or that he has a specific authorization from the holder. All credit and debit card holders are subject to validity checks and authorisation by the card issuer. If the issuer of the payment card refuses to pay NJ, NJ shall not be liable for any delay or non-delivery of the Product.
- NJ shall make every effort to make the Website as secure as possible. All credit card transactions are processed by SIX, an online payment portal that encrypts the client’s card details in a secure database environment.
- For registered users, the client’s credit card details are securely stored by NJ. These details are completely encrypted and are only used for your card transactions.
- Payments are only accepted in Swiss Francs. NJ shall in no case bear the costs of a monetary transaction.
- Invoices and credit notes shall be delivered exclusively in electronic form.
- NIRVAN JAVAN uses Secure Socket Layer Technology (SSL) to make the customer’s shopping experience secure, easy and reliable.
- In case of payment in advance the ordered goods will be delivered only after the full invoice amount has been credited to the account indicated by NJ. This payment must be made within 7 working days after sending the purchase confirmation. The confirmation of purchase is conditional, i.e. the purchase contract and the obligation to deliver shall not apply if payment is not received in due time. Late incoming amounts are a further offer to conclude the contract and can be accepted by NJ as described in paragraph 2.4. If no acceptance is made, the amount shall be refunded immediately and the order shall be invalid.
- If the customer is in default NJ shall be entitled to withdraw from the contract. The other legal claims in case of default of the customer remain reserved.
05
Shipping Information
- NJ delivers exclusively to addresses in Switzerland.
- Delivery shall be made exclusively by Swiss Post.
- The shipping costs depend on the order value and the size of the shipment. The shipping costs are listed in the payment process. Basically NJ shall bear the shipping costs for shipments within Switzerland.
- The goods shall remain the property of NJ until full payment of the purchase price. Vendor shall be entitled to make an entry in the retention of title register at Customer’s place of residence. Before transfer of ownership, pledging, transfer by way of security, processing or transformation shall not be permitted without Vendor’s consent.
- If a part of the order is not immediately available, the remaining goods will be delivered subsequently without any new calculation of the shipping costs. NJ shall be entitled to partial deliveries. If a part of the ordered goods cannot be delivered, there shall be no right to cancel the entire order. NJ shall not assume any procurement risk. Delivery shall be made on condition of timely and proper supply of the seller by the suppliers. Vendor shall not be liable for delays in delivery caused by manufacturing companies or third parties. The customer will be informed immediately in case of delays in delivery.
- The delivery period stated in the offer or in the order confirmation is only a guideline and is not binding. NJ shall deliver immediately after receipt of the order or receipt of payment in case of payment in advance, at the latest however within 30 days. If NJ does not fulfil the obligation to deliver within this period, the customer may request NJ after expiry of the period to deliver within an additional period which is reasonable under the circumstances. If NJ does not deliver the goods within this additional period, Customer shall be entitled to withdraw from the contract.
- If NJ finds out after receipt of the order that the ordered goods are no longer available at NJ, payments already made shall be refunded immediately. NJ reserves the right to offer the customer goods of equivalent quality and price. In this case the Customer shall not be obliged to accept the goods.
06
Gift Voucher
- The cardholder may use the Voucher Card to pay for goods and services in Swiss francs exclusively in the NJ online store.
- The voucher card cannot be used to purchase other NJ voucher cards.
- Cash payment of a voucher amount or balance after purchase is excluded. The credit can be used until it is completely consumed.
- The credit balance as well as the date of purchase of the voucher card can also be requested by phone at +41445775665 or by email at service@nirvanjavan.com.
- NJ is not liable for the credit balance available on the voucher card in the event of loss, theft or misuse of or damage to the voucher card, if the credit balance still available can no longer be determined and will not provide any replacement.
- The voucher card is transferable. The person who presents or uses the voucher card is deemed to be authorized to use it.
- The voucher card is valid for five years from the date of purchase. Thereafter, the credit on the voucher card expires without replacement.
- These conditions are subject to Swiss law.
07
Promotion Vouchers
- Promotional vouchers are vouchers issued by NJ for promotional events with a certain period of validity. They cannot be purchased by the customer.
- Promotional vouchers are only valid for the period of time indicated. Promotional vouchers cannot be combined with each other (not even with different promotional vouchers).
- A subsequent redemption of promotion vouchers is not possible. The value of the voucher is neither paid out in cash nor does it bear interest. Any remaining credit balance will not be refunded.
- If the order amount exceeds the value of a promotion voucher, the difference can be paid with the offered payment methods.
08
VOLUNTARILY GRANTED RIGHT OF RETURN
- For all purchases of goods from NJ a right of return of 14 days in total is granted. The customer can cancel the contract by returning the goods to NJ within 14 days after receipt of the goods. The date of the postmark shall be decisive for the observance of the time limit.
- Prerequisite for exercising the right of return is that the goods are returned complete, undamaged and in the original packaging. The right of return does not apply to the delivery of goods which are not suitable for return due to their nature.
- The goods must be sent to the following address:
NIRVAN JAVAN GmbH
Peter-Debye-Weg 15
CH-8049 Zurich - Repayment of the purchase price is always made to the account used by the customer for payment. The customer must ensure that he has access to the bank account specified.
- The return of the goods is at the expense and risk of the customer.
- Returns that cannot be assigned to a customer will be kept for 6 months and disposed of after this period.
09
Warranty
- NJ warrants that the goods are free from material defects and defects of title at the time of the transfer of risk.
- If delivered goods should have obvious material or manufacturing defects, the customer shall notify NJ of such defects within seven days. Hidden defects shall be reported within the same period after discovery. Otherwise NJ’s warranty obligation shall lapse and the products shall be considered as approved.
- In case of a defect the Customer may demand the removal of the defect. If within the scope of a repair the removal of a defect does not succeed even on the second attempt, the Customer shall be entitled to demand delivery of a defect-free item or to withdraw from the contract. A right to a price reduction is excluded.
- A prerequisite for the warranty claim is that the defect has not been caused by improper, non-contractual or illegal storage, adjustment or use of the goods.
- If a defect only becomes apparent later than 6 months after handover, the customer must prove that the item was defective at the time of transfer of risk.
10
Liability
- The liability is based on the applicable legal provisions. However, in no event shall NJ be liable for slight negligence, indirect and consequential damages, loss of profit, unrealised savings, damages from delayed delivery as well as any acts and omissions of NJ’s auxiliary persons.
- It should be noted that the colouring of the products may differ from the representation on nirvanjavan.com. Insignificant deviations do not trigger any warranty rights.
11
Assignment
- The Vendor reserves the right to assign or pledge to third parties the due purchase price claims against the Customer arising in connection with delivered orders, including any instalments due, interest on arrears and reminder fees.
12
Data Protection
- NJ respects the privacy of its clients. The collection and processing of customer data is explained in the Privacy Policy. The Privacy Policy is available on nirvanjavan.com.
13
Final provisions
- Should individual provisions of this contract be wholly or partially invalid or later lose their legal validity, the validity of the contract and the validity of the other provisions of these General Terms and Conditions shall not be affected by this.
- The contract is concluded in German, even if these GTC are offered in other languages, in particular English, in addition to the German version. The GTC shall not be stored separately by NJ upon conclusion of the contract.
14
Service
- NJ attaches great importance to customer satisfaction. Requests and complaints will be investigated as soon as possible after receipt and contact will be established with the customer. The contact to NJ can be established by e-mail at service@nirvanjavan.com or by post at the address stated in paragraph 7.3.
15
Choice of law and place of jurisdiction
- Swiss law shall apply to the legal relationship between NJ and its customers and to the respective terms and conditions. The application of the UN Convention on Contracts for the International Sale of Goods of 11.04.1980 shall be excluded.
- The place of jurisdiction for legal actions of customers shall be Zurich or the customer’s place of residence. In all other cases Zurich is the exclusive place of jurisdiction.
