1. OPERATOR OF THE WEBSITE
This website www.velo.com/ch and the shop function to carry out
all tasks related to the processing, shipping and invoicing of orders placed on the
website (hereinafter referred to as “Website") is operated by British American Tobacco Switzerland SA,
Route de France
17, 2926 Boncourt (hereinafter "BAT", "we", "us").
2. SCOPE OF APPLICATION
The present Terms and Conditions of Sale (hereinafter called “TCS”) apply to all contracts agreed between
you as the
customer and BAT as the operator of the Website and the shop functionalities of this Website. When
starting the order
process, you acknowledge the TCS in the version applicable at the time of your order. It is your
responsibility to
regularly check the TCS.
All VELO products and related products (collectively, “Products”) are sold on the Website exclusively to
tobacco and/ or
nicotine consumers over 18 years residing in Switzerland at the time of registration.
BAT reserves the right to change the range of Products offered at any time or permanently withdraw
certain Products from
the offering.
In the event of any differences between the German, French and English versions of the TCS, the English
version will take precedence.
3. CONTRACT CONCLUSION
The presentation of Products on the Website does not constitute a legally binding offer, but a
non-binding online
catalogue.
A binding order is only triggered once you have entered all the data required for contract performance,
have
acknowledged the TCS, and have clicked on the button “Place Order”. Until you click this button, you can
add Products to
your basket non-bindingly and change your data as provided by and explained in the order process. When
you send the
order, this is treated as your offer to us to conclude a contract.
You will then be displayed an order confirmation, which is also sent to you by e-mail. We recommend that
you keep and
save the order confirmation and the TCS.
The order confirmation shall not constitute acceptance of the order. The order confirmation will contain
all relevant
information regarding your order. If there is incorrect information in the order confirmation you are
obliged to notify
BAT immediately (see contact details in section 12 below).
Your order will be accepted by BAT and a purchase is deemed to be concluded when BAT sends you a delivery
e-mail,
confirming the delivery of your order.
BAT will inform you appropriately if it decides not to accept one of your orders.
The contract is only agreed for the Products explicitly listed in the invoice or the delivery e-mail. The
scope of
performance is limited to these listed Products.
Except as otherwise indicated on the Website, the maximum amount per customer per individual order is CHF
600.00.
The maximum quantities of Products indicated above may be modified at any time by BAT.
4. PRESENTATION, AVAILABILITY AND DELIVERY OF PRODUCTS
We exclude any liability for typographical mistakes, inaccuracy, or incompleteness regarding the description and
presentation of the Products on the Website.
BAT will make every effort to ensure maximum availability of the Products offered through the Website. The display of a
Product on the Website does not necessarily mean that we take on a warranty regarding the availability of the respective
Product.
Should Products ordered not be available, BAT may not complete your order entirely. BAT reserves the right to either
cancel your order in such an event or to deliver just part of the ordered Products. BAT will notify you accordingly.
BAT will deliver your order, as per delivery e-mail, to the address stated in your order confirmation. If you are not at
the address when the order is delivered, the Products will be left, if possible, in your mailbox. In case of delivery
failure on the specified date, you will receive an invitation to collect your parcel with indications on how to proceed.
BAT may freely dispose of Products that have not been collected from the post office and have been returned thereto.
We will only deliver to addresses located in Switzerland.
Delivery charges, times, and schedules: Priority delivery fees in Switzerland are offered for orders of CHF 40.00 or
more. For orders below CHF 40.00, the delivery fee is CHF 10.00. BAT do not offer any Express delivery. BAT may change
the values specified above at any time.
Orders are generally delivered within 1-2 business days after the order is placed, if the order is placed Monday to
Thursday. Orders placed on Friday morning will normally be delivered on Tuesday. Orders placed on Saturday or Sunday
will normally be delivered on Wednesday.
Delivery schedules and delivery times are not guaranteed and may vary. You will not be compensated for delivery delays.
You may not choose a specific delivery time or demand delivery on a specific day. There are no deliveries on Sundays or
national and cantonal holidays. Any liability regarding delivery times is excluded.
5. RESALE
Any purchase concluded on this Website are intended exclusively for private, non-commercial purposes.
The resale or third-party transfer of Products purchased through the Website is strictly prohibited and shall be deemed
a material breach of the present TCS.
6. PRICES
All prices shown on the Website are in Swiss Francs and include VAT at the applicable rate.
BAT reserves the right to change the prices for the Products on the Website at any time.
The prices applicable to your order will be those shown when your order is placed.
7. PAYMENT / REDEMPTION OF VOUCHERS AND CODES
You may make payment using the generally accepted payment solutions (Visa, MasterCard or PostCard), online payment
(PostFinance,) or by TWINT.
Credit card, debit card or e-finance payment: Your account will be debited when you conclude your purchase.
You may cancel your order if you do it before you receive the delivery e-mail confirmation by BAT. To do so, please
contact the VELO costumer service (see section 12 below) and BAT will refund the amount debited from your account. Once
the order delivery is in process and taken over by the Swiss Post, you may not cancel your order anymore and no refunds
will be permitted.
We use Secure Socket Layer (SSL) encryption and other certified encryption technologies and systems to ensure that your
personal data are secure at the time of the transaction.
Any time after account creation, in My account/Credit Card details or during the purchase process you may decide whether
you want to have your credit card information stored for future transactions or whether you want to have the details
deleted. In the latter case you must enter your credit card details for any new transaction.
Please be aware that there may be additional costs and fees when paying with credit cards depending on the credit card
agreement concluded between you and the credit card issuer. BAT is not to be held liable for application of third
parties' terms and conditions.
BAT reserves the right to exclude you from future use of and access to the Website and to delete your user registration
in the event of non-payments or lack of sufficient credit card cover.
Redemption of vouchers and codes: Codes and vouchers can be redeemed during the order process (not valid for
subscription orders). You must take into consideration the following when redeeming vouchers or codes: you can only
redeem one voucher or code per order.
You can use VELO+ points for a partial payment of your purchase. You can find more info on how to redeem your VELO+
points here.
8. THEFT AND USE OF PRODUCTS
Once the Products have been delivered to you or placed in your mailbox, we will be released from any liability in the
case of theft or improper use. The purchase of Products are intended for your personal usage only, you will be the sole
responsible for ensuring that the Products are not acquired or used by minors under 18 years old.
9. WARRANTIES
You must examine the delivered Products as soon as this is possible according to the usual business processes and inform
our customer service of any defects immediately (see section 12 below). If you fail to do so, the Products are deemed to
have been approved. Approval is deemed to have been given to the extent that you do not report a defect to our customer
service by email within 8 days of delivery.
You must inform our VELO customer service of any defects, which could not be identified during the check pursuant to the
previous section, as soon as you discover them. Otherwise, the ordered Products are deemed to have been approved in
relation to these defects.
After contacting VELO customer service, we will provide you a return label for you to return the Products to us, without
any costs. The defective Product must be returned together with a copy of the invoice.
We provide a warranty by replacing defective Products. After BAT has received the defective Product, we will deliver you
a defect-free item (replacement) within 14 business days. Products returned by customers become our property again.
If supplementary performance fails (two attempts), you may withdraw from the contract and request a reimbursement after
BAT has received the defective Product. This does not apply in the case of insignificant defects. A right to a price
reduction is excluded. This exclusion of liability also covers all claims competing with warranty rights, such as from
the contract (Art. 97 et seq. Code of Obligations), tort (Art. 41 et seq. Code of Obligations), rescission of the
contract due to error (Art. 23 et seq. Code of Obligations), etc.
You will not receive specific representations in the legal meaning from us. This of course does not affect manufacturer
warranties expressly granted. We do not accept liability for descriptions by third parties, particularly by other
customers in the context of the customer ratings published in the context of the Website or our social media presences.
The transfer of risk is governed by Art. 185 para. 2 Code of Obligations last part. If the delivered Products were
clearly damaged during transport, please report such defects by contacting us immediately, so we can assess the
transport damage. It is in the discretion of BAT on whether the Product will be replaced or not.
BAT does not represent and warrant that the Products will meet the subjective expectations of the consumer, in
particular, but not limited to, the taste of the consumer.
10. LIABILITY
All liability and indemnification for damages, including indirect or third-party damages, in connection with the
Products is excluded to the fullest extent permitted by applicable law.
In particular, no warranty, liability or indemnification will be accepted fordamage of any kind resulting from inability
to deliver or delayed delivery, provision of an incorrect delivery address or theft or other incidents in connection
with delivery of Products.
The provisions of the Federal Law on Product Liability shall remain reserved.
11. DATA PRIVACY
Information about the processing of your personal data in connection with the shop functionality can be found in the Data Privacy Policy
12. HOW TO CONTACT US
You can send us any questions you may have in relation to this Website and purchase orders made on the Website or any
other issues concerning your purchase process by writing to VELO customer service by e-mail at info.ch@velo.com or via the Chat Function on the Website.
13. TERMS OF USE
The access to and use of the Website is governed by the Terms of Use. The Terms of Use are incorporated by reference.
14. SEVERABILITY CLAUSE
If any provisions of these TCS are, or become, void in full or in part or if the terms contain a regulatory gap, the
validity of the other provisions remains unaffected. Statutory provisions will replace such void provisions.
15. APPLICABLE LAW AND JURISDICTION
These TCS shall be governed by and construed in accordance with Swiss law, the application of the United Nations
Convention on Contracts for the International Sale of Goods being expressly excluded. The place of jurisdiction is the
customer's place of residence, which must be in Switzerland.
16. MODIFICATIONS AND UPDATES
BAT reserves the right to change, modify, or alter the terms of these TCS. If you continue to purchase on this Website
after any amendments to our most up-to-date version of these TCS, it signifies your acceptance of the revised terms.
