Effective date: 2 April 2019
These Terms and Conditions (the “Terms”) constitute a legally binding agreement between SayJa GmbH, having a principle place of business at Im Glockenacker 13, 8053 Zürich, Switzerland (“SAYJA”, “we”, “us”, and “our”) and an individual user or entity (“you” and “your”) accessing and using the following websites:
- https://sayja.ch, an e-commerce website facilitating import and export of fruits, vegetables, tea, and coffee (for B2B clients) and sale of coffee (for B2C clients) (“SAYJA.CH”);
- www.stokedabout.com, an e-commerce website featuring vegan, organic, and plant-based cosmetic products (“STOKED ABOUT”); and
- http://www.sayjagroup.com, a website providing information about SAYJA (“SAYJA GROUP”); (collectively, the “Websites”).
By using the Websites, you agree to be legally bound by these Terms. If you do not agree with one or more provisions of these Terms, please do not use the Websites or contact SAYJA to express your concerns.
- 1 General information
1.1 Minors. The Websites are not marketed to and should not be accessed and used by persons under the age of 18.
1.2 License to use the Websites. SAYJA grants you a personal, revocable, non-exclusive, non-transferable and limited license to use the Websites pursuant to these Terms.
1.3 Your representations. By using the Websites, you represent and warrant that:
- You will not use the Websites in a way that violates any applicable laws;
- You are at least 18 years old; and
- You will use the Websites only in accordance with these Terms.
1.4 Disclaimer. Although we regularly monitor the information available on the Websites, we do not guarantee the accuracy, reliability, currency, relevance, and completeness of the information available on the Websites. Please exercise your own skill and care when using them.
1.5 Support. Any requests for customer or technical support should be addressed to the relevant SAYA support teams:
- firstname.lastname@example.org (SAYJA.CH);
- email@example.com (STOKED ABOUT); or
- firstname.lastname@example.org (SAYA GROUP).
- 2 Privacy
- 3 User Account
3.1 On STOKED ABOUT, you can purchase products by creating a user account (the “User Account”) or by completing your order as a guest. When creating the User Account, you acknowledge and agree to provide SAYJA with your current, complete and accurate personal data. The User Account provides access to: (i) customer care; (ii) information about your orders; and (iii) an overview of your past purchases.
- 4 The Products, Prices
4.1 The products featured on STOKED ABOUT and SAYJA.CH (the “Products”) are available exclusively online through STOKED ABOUT and SAYJA.CH. The Products may have limited quantities and are subject to return or exchange as specified in Section 6 of the Terms.
4.2 SAYJA has made every effort to display as accurately as possible the colors and images of the Products. However, SAYJA cannot guarantee that the monitor of your computer will display the colors and images of the Products accurately.
4.3 SAYJA reserves the right, but is not obliged, to:
- Limit the sales of the Products for any person, geographic region or jurisdiction and may exercise this right on a case-by-case basis;
- Limit the quantities of the Products for sale;
- Change the descriptions of the Products or pricing at any time with or without a prior notice; and
- Discontinue the sale of the Products at any time.
4.4 Although SAYJA puts reasonable efforts to assure the quality the Products, we cannot warrant that the quality of the Products purchased or obtained by you will meet your expectations. For more information, please refer to Section 6.
4.5 Prices. All prices of the Products (the “Prices”) displayed on STOKED ABOUT and SAYJA are in displayed in your local currency, including taxes and excluding delivery costs. The delivery costs and applicable taxes for Switzerland, the EU, and outside the EU will be indicated after you add the Products to your shopping cart. The delivery costs will be added to your order at the checkout page. No additional charges will be applied by SAYJA without your express agreement. The Prices remain valid as long as they are indicated on STOKED ABOUT and SAYJA.CH. The Prices are subject to a change without a notice.
- 5 Placing orders (technical steps to conclude a sale contract)
5.1 Placing orders. To purchase the Products on STOKED ABOUT and SAYJA.CH (if online shop functionality is enabled), you need to place an order (the “Order”) and conclude a sale contract. To conclude a sale contract on STOKED ABOUT and SAYJA.CH, please:
- Add the selected Products in your online shopping cart by (i) visiting the webpages of the selected Products and (ii) clicking on the button “Add to cart”;
- Click on the icon “Shopping cart” located at the right top corner;
- Review the Order and click on the button “Checkout”;
- Login to your User Account or choose to check out as a guest;
- Add the requested shipping and billing information;
- Click on the button “Pay”;
- Complete the payment transaction by using the chosen Payment Processor (as described in Section 7 of the Terms).
5.2 To conclude a sale contract for the products featured on SAYJA.CH when no online shop functionality is enabled, please contact SAYJA directly. SAYA’s contact details are indicate din Section 20.
5.3 Order confirmation. After you place the Order, we will send you a confirmatory email informing you about the details of your Order. By clicking on the button “Pay” and receiving a confirmatory email, you conclude a sale contract in English between you and SAYJA on the basis of the version of the Terms applicable on the date of the Order. After receiving your payment, the Order will be processed and the Products will be shipped. By placing the Order, you represent that you are at the eligible age to conclude contracts in your jurisdiction.
5.4 Correcting input errors. You will be able to identify and correct any input errors prior to clicking on the “Pay” button. If you have made any input error in your shopping cart, please click on the icon “Shopping cart” and correct your error. If you would like to change or correct any input errors in the billing address, the shipping address, and the billing option, please (i) go to the checkout page and (2) click on “Change” in the section in which you would like to make changes.
5.5 Availability of contracts. The details of your specific contract will not be filed by SAYA and, therefore, the specific contract will not be available to you. However, if you do require any information regarding your order please contact SAYA by using the contact details mentioned in Section 20.
- 6 Right of withdrawal and returns
6.1 If you are a consumer (i.e. a natural person who is acting for purposes which are outside his/her trade, business, craft or profession), you have the right to withdraw from the sale contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. To exercise the right of withdrawal, you must inform SAYJA of your decision to withdraw from the sale contract by an unequivocal statement (e.g., a letter sent by post or email). You can use the following contact details to exercise your rights of withdrawal:
Mail: SayJa GmbH, Im Glockenacker 13, 8053 Zurich, Switzerland
6.2 To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
6.3 If you are a business client, the right of withdrawal may not apply to you. Please contact SAYA for more information.
6.4 Effects of withdrawal. If you withdraw from the sale contract, SAYJA will reimburse to you all payments, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by SAYA), without undue delay and in any event not later than 14 days from the day on which SAYJA was informed about your decision to withdraw from the sale contract. SAYJA will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly requested otherwise; in any event, you will not incur any fees as a result of such reimbursement. The reimbursement may be withheld until SAYJA receives the returned Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
6.5 Returns. You can return the Products, without undue delay and in any event not later than 14 days from the day on which you inform SAYA about your wish to return the Products by email at email@example.com (for STOKEDABOUT), firstname.lastname@example.org (for SAYJA.CH) or by phone (+491606558084). The deadline is met if you send back the Products before the period of 14 days expires. Please note that you will need to cover the shipping costs for the Products you wish to return. The shipping costs are non-refundable. The Products that were shipped to Switzerland should be sent back to the following address: SayJa GmbH, Im Glockenacker 13, 8053 Zürich, Switzerland. If you are located outside of Switzerland and the Products were shipped to your country of residence, please send us an email to get more information about the return process.
6.6 Exceptions from the right of withdrawal. The right to withdrawal does not apply for:
- The Products that are made to your specifications or are clearly personalized;
- The Products which are liable to deteriorate or expire rapidly;
- The Products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- The Products which are, after delivery, according to their nature, inseparably mixed with other items; and
- Business clients.
6.7 Faulty Products. If you find the Products that you have purchased are faulty, you have three options:
- To cancel the purchase as described in Section 6.1;
- To request a reduction of the Price (please contact SAYJA for further information); or
- To request a replacement with similar Products (please contact SAYJA for further information).
- 7 Payment processing
7.1 All payments related to the Orders will be processed by our third-party payment processor partner Concardis GmbH (the “Third-Party Payment Processor”). You agree not to hold SAYJA liable for payments that do not reach it because you have quoted incorrect payment information or the Third-Party Payment Processor refused the payment for any other reason.
7.2 Please note that the Third-Party Payment Processor may collect from you some personal data, which allows it to process the payments requested by you. Unless it is strictly necessary for accountancy purposes, SAYJA does not collect or store any payment information provided by you to the Third-Party Payment Processor, including your credit/debit card numbers. The Third-Party Payment Processor handles all the steps in the payment process through its systems, including data collection and data processing.
- 8 Marketing, advertisement, and informational notices
8.1 Before sending you direct marketing messages, such as newsletters, brochures, promotions and advertisements, or contacting you by any other means with the purpose to offer you the Products and services, SAYJA will seek your express (“opt-in”) consent, unless:
- You have voluntarily subscribed to a newsletter. Your voluntary subscription to a newsletter substitutes opt-in consent; or
- SAYJA would like to inform you about new Products and services that are closely related to the Products already used by you.
8.2 If you would unsubscribe from receiving any future direct marketing communications, you can do so at any time free of charge by (i) clicking on the “unsubscribe” link included in any such marketing communication, or (ii) contacting SAYJA directly by email at:
- email@example.com (SAYJA.CH);
- firstname.lastname@example.org (STOKED ABOUT); or
- email@example.com (SAYJA GROUP).
8.3 From time to time, SAYJA may send you informational notices, such as (i) information about the Orders and (ii) important information about the Websites, your privacy and security, and other important matters. Such informational notices are sent on an “if-needed” basis and they DO NOT fall within the scope of direct marketing communication that requires your prior consent.
- 9 Prohibited use
9.1 You are not permitted to use the Websites in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
- Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
- Provision of false, inaccurate, or misleading information;
- Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
- Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
- Spreading ethnically, racially, or otherwise objectionable information;
- Sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behavior;
- Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
- Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening the Websites;
- Interfering with or abusing other users of the Websites;
- Using bots and other automated methods; or
- Collecting and disclosing any information about other users of the Websites.
- 10 Intellectual property
10.1 Most of the content made available on the Websites is owned by SAYJA, its partners, agents, licensors, vendors, and/or other content providers (the “SAYJA’s Content”). The SAYJA’s Content includes, but is not limited to, text, images, audiovisual content, source code, trademarks, service marks and trade names. SAYJA’s Content is protected by the applicable intellectual property laws and international treaties.
10.2 You are not allowed, without obtaining a prior written permission from SAYJA, to:
- Distribute SAYJA’s Content;
- Copy SAYJA’s Content;
- Disassemble, make alterations, decompile, reverse engineer, translate, and adapt SAYJA’s Content; and
- Distribute, rent, loan, use, lease or attempt to grant other rights to SAYJA’s Content to third parties.
10.3 Third-party intellectual property. Some of the trademarks and other intellectual property featured on the Websites may be owned by third parties (e.g., social media providers). Such third-party intellectual property does not belong to SAYJA and remains the sole property of the respective third party proprietors.
10.4 Copyright infringement claims. SAYJA respects intellectual property rights. If you have any grounds to believe that any content made available through the Websites violates your or third party’s intellectual property rights, please contact SAYJA and express your concerns or request to remove the allegedly infringing content (SAYJA’s contact details are indicated in Section 20 of the Terms). SAYJA will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to SAYJA, please make sure that you sign it and include the following information:
- Identification with sufficient detail of the copyrighted work that you believe has been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit SAYJA to locate the material;
- Your contact details allowing SAYJA to respond to your claim;
- The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.
- 11 Availability of the Websites
11.1 SAYJA puts reasonable efforts to ensure that the Websites are always accessible to you. However, the availability of the Websites may be affected by factors, which SAYA cannot reasonably control, such as bandwidth problems, equipment failure, or Force Majeure events. SAYJA takes no responsibility for the unavailability of the Websites caused by such factors.
- 12 Third-party links
12.1 The Websites may contain links to websites and other online sources owned by third parties (e.g., social media providers and Third-Party Payment Processors). SAYJA is not responsible or liable in any manner for the content of such third-party links.
- 13 Disclaimer of warranties
13.1 SAYJA provides the Websites on “as available”, “as is”, and “with all faults” basis. To the extent permitted by the applicable law, SAYJA does not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of the Websites, and hereby disclaims all warranties regarding the Websites and their operation.
13.2 By using the Websites, you acknowledge that SAYJA may use third party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third party suppliers may be outside of SAYJA’s control. To the maximum extent permitted by law, SAYJA excludes any liability for any loss or damage resulting from the acts and omissions of such third party suppliers.
- 14 Limitation of liability
14.1 Unless otherwise stated in the applicable law, SAYJA shall not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with the Websites and the Products. You agree not to hold the SAYJA liable in respect of any losses arising out of any event or events beyond SAYJA’s reasonable control.
- 15 Indemnification
15.1 You agree to indemnify, defend and hold harmless SAYJA, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms, the use of the Websites and the Products, or your violation of any law or the rights of a third-party.
- 16 Severability
16.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
- 17 Governing law and disputes
17.1 To the extent permitted by the applicable law, these Terms shall be governed by the laws of Switzerland. Any disputes arising out of or in relation to these Terms shall be submitted to the exclusive jurisdiction of the courts in Zürich, Switzerland.
17.2 If you are not satisfied with the quality of the Products, you are kindly requested to contact SAYJA as soon as possible and express your concerns. SAYJA will respond to your request without undue delay.
- 18 Term and termination
18.1 The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by SAYJA. SAYJA reserves the right, in its sole discretion, to update or terminate the Terms at any time.
18.2 Your rights under the Terms will be automatically terminated if you breach the Terms. Upon termination of the Terms, all legal rights granted to you pursuant to the Terms will terminate and you shall stop using the Websites.
- 19 Amendment
19.1 SAYJA reserves the right to amend or modify the Terms from time to time by posting an amended version of the Terms on this page, indicating the date of the amendment and, if SAYJA has your contact details, informing you about the amendments by email. In case you continue using the Websites after such an amendment, you agree to the amendments of the Terms.
19.2 Last amendment. The Terms have been last amended on 2nd of April 2019.
- 20 Contact
20.1 SAYJA can be contacted by using the following contact details:
- Company: SayJa GmbH
- Address: Im Glockenacker 13, 8053 Zürich, Switzerland
- Email addresses: firstname.lastname@example.org (for https://sayja.ch)
- Phone: + 41 44 586 14 84
- Company registration number: CH-020.4.065.996-8