www.vape.ch is a service of VENDEX AG, hereinafter referred to as "we", "us", etc.

Service

We make every effort to deliver quality products to our customers. Our priority is the satisfaction of our customers, and our goal is to provide excellent service.

Hidden defects must be reported immediately upon discovery via email to shop@vape.ch with corresponding pictures. Of course, the issue can also be reported in person during regular store hours.

Products

We always strive to provide accurate product information (e.g., power, size, weight, etc.). However, errors may occur due to manual data entry.

Data Protection

We will only share personal customer data with third parties as necessary to process or pay for the order (e.g., to the post office for delivery, to a collection agency in case of non-payment, etc.), to provide customer information, or to conduct surveys. Our partners delete customer personal data as soon as it is no longer needed, and at the latest after the legally required retention period expires. All personal data is treated with strict confidentiality.

Google Analytics Data Protection Statement

The website www.vape.ch uses Google Analytics, a web analytics service by Google Inc. ("Google"). Google Analytics uses "cookies", text files that are stored on your computer and allow analysis of the use of the website by you. The information generated by the cookie about your use of this website (including your IP address) will be transmitted to a Google server in the USA and stored there. Google will use this information to evaluate your use of the website, compile reports on website activities for website operators, and provide other services related to website and internet use. Google may also transfer this information to third parties, if required by law or where third parties process the data on Google's behalf. Google will not associate your IP address with any other data held by Google. You can prevent the installation of cookies by adjusting the settings of your browser software; however, we point out that you may not be able to use all features of this website in such a case. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes described above.

Order

Minimum Purchase Value

There is no minimum purchase value in our online store or in the stores.

Value Added Tax

Value-added tax is included in all prices for end consumers.

Prices

The product prices listed before completing the online order (at the "Overview" step) are binding, and we will cover the packaging costs.

Shipping Costs

Shipping costs vary depending on the purchase value and weight (goods value excluding shipping costs and credits) and will be displayed during checkout.

Products

Vape.ch reserves the right to limit the delivery quantities for certain products and may not fulfill the order.

If a product ordered is unavailable at the time of delivery, it will neither be charged nor shipped later.

Age of Purchase

The purchase of tobacco products will be legally prohibited for persons under 18 years old in Switzerland from around mid-2024. Vape.ch voluntarily and without prejudice to whether vaping falls under the category of tobacco products, adopts the legal age of 18+ since 2017. By purchasing products, the customer confirms being 18 years or older.

Order Confirmation

All orders will be confirmed by us. We will send the customer an order confirmation to the email address provided. If the email address is incorrectly entered by the customer, the confirmation remains valid.

Payment through one of the offered payment methods constitutes confirmation of the order by the customer.

The contract is formed by the customer’s order and the electronic acceptance of the order by us. The customer cannot cancel the order after it has been confirmed by us.

Ownership

The products remain the property of VENDEX AG until full payment is made.

Payment

Payment Methods

In our stores, payment can be made with all common cards such as American Express, Mastercard, VISA, TWINT, Postcard, and cash.

Online, current electronic payment methods can also be used, and purchases can be made on account.

Purchase on Account with Installment Option (POWERPAY)

MF Group / POWERPAY offers the payment method "purchase on account" as an external payment provider. With the individual invoice, you can easily settle your online purchase by invoice. If you do not make the payment within the given timeframe, you will receive a monthly invoice with an order summary in the following month.

When concluding the purchase contract, POWERPAY takes over the invoiced amount and handles the corresponding payment procedures. When buying on account, you agree to the terms and conditions of POWERPAY in addition to our terms and conditions (powerpay.ch/de/agb). All payments must be made according to the information provided by POWERPAY (invoices) and not to VENDEX AG.

Creditworthiness

We reserve the right to make the delivery of orders dependent on a credit check. By placing the order, customers consent to a credit report being obtained.

We reserve the right to make the delivery of orders dependent on prepayment or the provision of collateral.

We may cancel or suspend an order if the customer is not creditworthy, has one or more outstanding invoices with us, or if there is reasonable suspicion of fraudulent intent.

Refunds, Credits, and Vouchers

If the customer is entitled to refunds or other credits, these will be credited to the customer account and can be used for purchases with us within the legal deadlines. After this period, the credit expires.
The purchase of vouchers is only possible without customer loyalty discount.

Our vouchers are in no way transferable or auctionable. Only one voucher can be used per order.

Refusal of Order Acceptance

If the acceptance of an order is refused, the delivery will be returned to us at our expense. The resulting costs will be fully deducted from the customer's credit balance. This includes shipping, any bank fees for refunds, and a handling fee of 10%, but no more than CHF 30, which is owed to VENDEX AG and will be directly deducted.

Delivery

Delivery Area

Deliveries are limited to Switzerland, Liechtenstein, and EU countries.

After confirmation of the order by us, the products will be delivered to the address provided by the customer during the order.

Customs / VAT / Tracking

Each customer is responsible for informing themselves about the currently applicable laws in their country before ordering. VENDEX AG cannot verify the current legal situation for each order and delivery country and is not responsible if customs object to, hold back, or destroy the delivery. Our products are 100% saleable in Switzerland without restrictions. The shipping declarations are always completed correctly, and no customer requests will be accepted.

For orders outside Switzerland, customers are responsible for VAT. Typically, customs will charge the customers. VENDEX AG cannot provide information on the duration of customs processing or the costs invoiced. The received tracking number can be used for this. If delivery has not arrived after more than 4 weeks, we can initiate an inquiry through the postal service for the customer upon request. This is only possible if the order was placed with a tracking number. For services without tracking, inquiries are not possible.

Delivery Times

Orders are processed on weekdays and handed over to the Swiss Post for delivery. The delivery time depends on the selected shipping method (Economy, Priority, Saturday delivery).

Delays are possible, especially on peak days with exceptionally high order volumes, and any claims for damages by the customer are excluded.

The customer is responsible for the delivered products, even if they are left at the door of their home or business or with a neighbor in their absence. We are not responsible for lost packages. If the delivery appears incomplete, the customer must report it to VENDEX AG within 24 hours after receiving the goods. Claims against the transport company can only be made within 7 days of delivery.

Picking Up the Order

Pickup Location

Orders can be picked up at our stores during published opening hours once the customer has received a notification that the order is ready for pickup.

Order Confirmation

After submitting the order, the customer will automatically receive an order confirmation by email. This serves as the pickup receipt and must be presented either printed or on the customer’s mobile phone. Without this pickup receipt, the order cannot be handed over to the customer. The customer will be asked to confirm the pickup with their signature. VENDEX AG is explicitly not liable for any damage caused by the loss or theft of the pickup receipt.

Returns / Right of Withdrawal

For hygienic reasons, the following products are excluded from returns and the right of withdrawal:

• All liquids and pre-filled pods, even if they are still sealed. You would certainly want to ensure you receive a flawless liquid.
• Vaporizers and vaporizer heads, shishas, and bongs, as these are considered consumables.
• Any accessories such as seals, glasses, etc. used in vaporizer heads.

To request a return or exercise the right of withdrawal, you must submit a return request via the customer area on https://vape.ch. Please do not send any goods without prior contact.

The return shipping costs are borne by the customer and are not refunded. Products must be in original packaging and completely unopened. Otherwise, a return is excluded. A return is only possible within 10 working days after purchase.

For returns, a credit may be reduced by up to 25% of the sales value for administrative efforts. The credit will be refunded via the same channel through which the payment was made. For bank transfer payments, the corresponding bank account details must be provided.

Returns in the store must be initiated using a fully completed form.

Warranty

We provide a warranty period of 3 months on all products and 24 months of manufacturer’s warranty.

Excluded are:

• Batteries and batteries after successful activation.
• Devices that have been manipulated, such as with a firmware update.
• Devices damaged by liquids.
• Vaporizers.
• Vaporizer heads.
• Seals.
• Products without receipt/proof of purchase.
• Products without packaging containing the serial number—especially for hardware, packaging must be kept for warranty claims.

If there is no warranty claim, the buyer bears the costs for any error analysis.

During repairs, there is no entitlement to a replacement device/parts, etc.

Further warranty claims such as cancellation (cancellation of the purchase contract due to defects in the goods) and reduction are excluded.

Loyal Customers / Loyalty Program – Not applicable for B2B

Loyal customers can benefit from voluntary and changeable discount tiers based on their total spending. Purchases made online will be credited to the customer’s account, and in-store purchases require the customer to mention their account name before payment. After payment, retroactive crediting is unfortunately not possible. The account is personal and cannot be shared with other customers. In case of suspected abuse, VENDEX AG can delete the discount at any time.

The purchase of vouchers is only possible without a loyalty discount. High-end products in the higher price range are excluded from the loyalty discount.

Current discount tiers can be requested in-store or by phone. The current status will be displayed on the invoice for each order.

Account Transferability

The customer account at https://Vape.ch can only be used by its owner. If there is suspicion of usage by multiple persons, VENDEX AG may delete the discount level from the corresponding customer account without notice. There is no entitlement to a discount level.

Partner Program

VENDEX AG offers a partner program to loyal customers. Every customer with at least one valid order can participate in the program for free. The current conditions are available in the personal customer area (visible online after login). Through the partner program, every customer can earn credits on their account and use them for purchases at VENDEX AG in stores or online.

The partner program is a voluntary service by VENDEX AG and may be discontinued at any time. In case of abuse or suspicion of abuse, the personal account in the partner program may be blocked without notice, and any credits will expire without entitlement to a payout/credit. In case of suspected abuse, the partner program in the personal account may be temporarily paused until VENDEX AG has conducted necessary inquiries. The final decision rests with VENDEX AG.

The current legal situation regarding youth protection must be observed in the partner program. Under no circumstances should minors come into contact with it. We reject any liability for this and place this responsibility on the customer participating in the partner program. The customer must ensure that the new partner is of legal age.

New partners must always provide a complete address, phone number, and date of birth. Without complete address, phone number, and date of birth, credits will not be approved.

VENDEX AG reserves the right to carry out random checks (e.g., request photo ID via live video chat, etc.).

Outstanding Payments

If the customer does not pay the invoice for an order on time, we reserve the right to block all further orders until the outstanding amount is paid. We will of course pursue any outstanding claims using all legal measures, regardless of the amount.

Liability

VENDEX AG is liable only for direct damages caused intentionally or by gross negligence. Liability for indirect damages and damages caused by negligence is excluded. In particular, VENDEX AG is not liable for any consequential damages resulting from the use of faulty parts. Liability for damages due to violation of product safety regulations is excluded within the legally permissible scope.

Severability Clause

The invalidity or unenforceability of individual provisions of these General Terms and Conditions does not affect the legal validity of the rest of these terms as a whole. In place of the invalid provision, the provision that is legally and economically closest to the original, unenforceable provision will apply. The same applies if there are any gaps in this agreement.

Applicable Law and Jurisdiction

Only Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The jurisdiction is 8610 Uster, Switzerland.

Amendments / Additions

VENDEX AG expressly reserves the right to adapt or change these General Terms and Conditions at any time to suit the circumstances and apply them immediately.