General Terms And Conditions

Service

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

Hidden defects must be reported immediately upon discovery by email to shop@e-zigaretten.ch together with appropriate photos. Naturally, issues may also be reported in person at the store during regular opening hours.

Products

We always strive to provide accurate product information (e.g. performance, size, weight, etc.). However, manual data entry may occasionally result in errors.

Data Protection

We only pass on personal customer data to third parties if this is necessary for the execution or payment of an order (e.g. to the postal service for delivery, to a collection agency in the event of non-payment, etc.), for customer information purposes, or for conducting surveys. Our partners delete customer personal data as soon as it is no longer required and in any case after expiry of the legally prescribed maximum retention period. All personal data is treated with strict confidentiality.

Google Analytics Data Protection Statement

The website www.e-zigaretten.ch uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website (including your IP address) is 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 activity for website operators, and provide other services related to website and internet usage. Google may also transfer this information to third parties where required by law or where such third parties process the data on Google’s behalf. Google will never associate your IP address with other Google data. You may prevent the installation of cookies by adjusting your browser software settings; however, please note that in this case you may not be able to use all functions of this website to their full extent. By using this website, you consent to the processing of data collected about you by Google in the manner and for the purposes described above.

Orders

Minimum Order Value

There is no minimum order value in our online shop or in our branches.

Value Added Tax (VAT)

VAT is included in all prices for end consumers.

Prices

The product prices listed before submitting the online order (during the “Overview” order step) are binding. Packaging costs are borne by us.

Shipping Costs

Delivery costs vary depending on order value and weight (goods value excluding delivery costs and credits) and are displayed accordingly during checkout.

Products

e-zigaretten.ch reserves the right to limit delivery quantities for certain products and to refuse delivery.

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

Minimum Age

The purchase of tobacco products in Switzerland has been legally prohibited for persons under the age of 18 since approximately mid-2023.
e-zigaretten.ch voluntarily and without any prejudice as to whether vaping belongs to the category of tobacco products, has applied the statutory minimum age of 18+ since 2017. By purchasing products, the customer confirms that they are 18 years of age or older.

Order Confirmation

All orders are confirmed by us. We send an order confirmation to the customer at the email address provided. If the email address was entered incorrectly by the customer, the confirmation remains valid.

Payment via one of the offered payment methods is deemed confirmation of the order by the customer.

The contractual relationship is concluded by the customer’s order and our electronic acceptance of that order. The customer may no longer cancel the order once it has been confirmed by us.

Ownership

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

Payment

Payment Methods

In our branches, payment can be made using all common cards such as American Express, Mastercard, VISA, EC, TWINT, as well as cash.

Online, current electronic payment methods are also available, and orders may be placed on invoice.

Purchase on Invoice with Installment Option (POWERPAY)

MF Group / POWERPAY offers the payment method “purchase on invoice” as an external payment service provider. With the individual invoice, you can conveniently pay for your online purchase by invoice. If payment is not made within the specified time frame, you will subsequently receive a monthly invoice in the following month with an overview of your orders.

Upon conclusion of the purchase contract, POWERPAY assumes the resulting invoice claim and handles the corresponding payment modalities. When purchasing on invoice, you accept, in addition to our GTC, the POWERPAY General Terms and Conditions. All transfers must be made in accordance with the information provided by POWERPAY (invoices) and not to VENDEX AG.

Creditworthiness

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

We also reserve the right to require advance payment or security before delivering orders.

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, Vouchers

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

Our vouchers may not be resold or auctioned under any circumstances. Only one voucher may be used per order.

Refusal to Accept Orders

If acceptance of an order is refused, the shipment will be returned to us at our expense. The resulting costs will be fully deducted from the customer’s credit balance. These include shipping costs, any bank fees for refunds, and a handling fee of 10%, but no more than CHF 30.00, payable to VENDEX AG and retained directly.

Delivery

Delivery Area

Deliveries are limited to Switzerland and Liechtenstein as well as EU countries (legal situation must be observed!).

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

Customs / VAT / Tracking

Each customer is responsible for informing themselves about the currently applicable laws in their country prior to placing an order. VENDEX AG cannot verify the current legal situation for each order and delivery country and is not responsible if the relevant customs authority objects to, withholds, or destroys the shipment. Our products are all 100% legally saleable in Switzerland without any restrictions. Shipping declarations are always completed correctly and customer requests regarding declarations cannot be accepted.

For orders outside Switzerland, customers are responsible for VAT themselves. As a rule, customs will invoice this directly to the customer. VENDEX AG cannot provide information on customs processing times or incurred costs. The provided tracking number may be used for this purpose. If no delivery has arrived after more than 4 weeks, we can initiate an investigation with the postal service upon customer request. This is only possible for orders shipped with a tracking number. For shipping services without tracking numbers, investigations are unfortunately not possible.

Delivery Times

Orders are processed on business days and handed over to Swiss Post for delivery. Delivery times correspond to the selected shipping method (Economy / Priority / DHL Express).

Delays are possible, especially during peak periods with exceptionally high order volumes. Any claims for damages by the customer are excluded.

The customer assumes responsibility for delivered products even if they are deposited in their absence in front of their residence or business premises or with a neighbor. We assume no responsibility for missing parcels.

Order Collection

Collection Location

Orders may be collected from our branches during published opening hours after the customer has received notification that the order is ready for collection.

Order Confirmation

After submitting the order, the customer automatically receives an order confirmation by email. This serves as a collection receipt and must be presented either printed or on the customer’s mobile phone. Without this receipt, the order cannot be handed over. The customer is required to additionally confirm collection with their signature. Any liability for damages resulting from loss or theft of the collection receipt is expressly excluded.

Returns / Right of Withdrawal

For hygiene reasons, the following products are excluded from return and the right of withdrawal:

• all liquids and pre-filled pods, even if still sealed
• atomizers and atomizer heads, which are considered consumables
• any accessories such as seals, glass, etc. used in atomizers

To initiate a return or exercise the right of withdrawal, a return request must be submitted via the customer area at https://e-zigaretten.ch. Please do not send goods to us without prior contact.

Return shipping is at the customer’s expense and will not be reimbursed. Products must be in original packaging and completely unopened; otherwise, returns are excluded. Returns are only possible within 10 working days of purchase.

For returns, the credit may be reduced by up to 25% of the sales value to cover administrative costs. Refunds are issued via the same channel through which payment was received. For bank transfers, appropriate bank details must be provided.

In-store returns must be initiated using a fully completed form.

Warranty

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

Excluded from this are:

• batteries and rechargeable batteries after successful initial use
• devices that have been tampered with, e.g. via firmware updates
• devices damaged by liquids
• atomizers
• atomizer heads
• sealing rings
• products without a receipt or proof of purchase

If no warranty claim exists, the buyer bears the costs of any fault analysis.

There is no entitlement to a replacement device or spare parts during repair.

Further warranty claims such as rescission of the contract or price reduction are excluded.

* If an atomizer gurgles (sensation/noise when drawing) or leaks, we can certainly help with tips from the community; however, this does not constitute a warranty case.

Loyal Customers / Loyalty Program – not applicable to B2B

Loyal customers may benefit from voluntary and changeable discount tiers based on turnover. Purchases made online are credited via the customer account. For in-store purchases, the customer account name must be provided before payment. Subsequent crediting after payment is technically not possible. The account is personal and may not be shared. In case of suspected misuse, VENDEX AG may remove discounts at any time.

The purchase of vouchers is only possible without loyalty discounts; high-end products in higher price segments are also excluded from loyalty discounts.

Current discount tiers can be requested in-store or by phone. The current status is shown on every invoice.

* Loyal customers are defined as customers who have created a personal user account.

Transferability of Customer Account

The customer account at https://e-zigaretten.ch may only be used by its owner. If multiple-person use is suspected, we may remove the discount tier from the relevant account at any time without notice. There is no entitlement to a discount tier.

Partner Program

VENDEX AG offers loyal customers a partner program. Any customer with at least one valid order may participate free of charge. Current conditions are available in the personal customer area (visible online after login). Through the partner program, customers may earn credits 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 the event of misuse or suspected misuse, the personal partner account may be blocked without notice and any credit forfeited without entitlement to payout or compensation. In cases of suspected misuse, the partner program may be temporarily paused until necessary clarifications have been completed. The final decision always lies with VENDEX AG.

Particular attention must be paid to current youth protection laws. Under no circumstances should minors come into contact with the program. All responsibility lies with the participating customer, who must ensure that new partners are of legal age.

New partners must always provide: 1) a complete address, 2) a telephone number, and 3) date of birth. Without complete information, credits will not be approved.

VENDEX AG reserves the right to conduct spot checks at any time (e.g. requesting photo ID via live video chat, etc.).

Outstanding Payments

If the customer fails to pay an invoice on time, we reserve the right to block all further orders until the outstanding amount has been settled. We will enforce all outstanding claims using all legally available measures, regardless of the amount.

Liability

VENDEX AG is liable exclusively for direct damages caused intentionally or by gross negligence. Liability for indirect damages and damages caused by simple negligence is excluded. In particular, VENDEX AG is not liable for costs arising from consequential damages of any kind resulting from the use of defective parts. Liability for damages resulting from violations of product safety regulations is excluded to the extent permitted by law.

Severability Clause

The invalidity or unenforceability of individual provisions of these General Terms and Conditions shall not affect the legal validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the original provision in legal and economic terms. The same applies in the event of any gaps in these terms.

Applicable Law and Jurisdiction

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

Place of jurisdiction is 8610 Uster, Switzerland.

Amendments / Supplements

VENDEX AG expressly reserves the right to adapt or amend these General Terms and Conditions (GTC) at any time and to apply them immediately.