1. General remarks
1.1 Nirvanjavan.com is a service of the NIRVAN JAVAN GmbH, Peter-Debye-Weg 15, 8049 Zurich (hereinafter referred to as NJ). These General Terms and Conditions (GTC) apply to all contracts concluded between NJ and its customers through nirvanjavan.com.
1.2 Conditions imposed by customers opposing or deviating from these terms and conditions are generally not accepted, unless NJ expressly agrees to their validity in individual cases and in writing. Individual agreements in individual cases always take precedence.
1.3 NJ’s offer is addressed to eligible customers and legal entities based in Switzerland.
1.4 The General Terms and Conditions are available on nirvanjavan.com in their most recent version.
2. Conclusion of the contract
2.1 The product presentation on nirvanjavan.com does not constitute a binding offer for the conclusion of a purchase contract, but an invitation to make an offer.
2.2 The complete order, in particular the use of the “BUY NOW”-button at the end of the order process through the customer, represents a binding offer for the conclusion of a purchase contract.
2.3 The receipt of the order is confirmed by NJ through an automated e-mail (confirmation of receipt). This confirmation of receipt does not constitute acceptance of the contract.
2.4 NJ shall deliver an order confirmation by e-mail within a reasonable period of time. The purchase contract for the products will be delivered with this order confirmation. If the order confirmation remains unavailable, the purchase contract is concluded when a dispatch message of the ordered goods is sent to the customer.
2.5 No contract is concluded for ordered products which are not included in the purchase confirmation or the dispatch notification. This may also concern products which are offered on nirvanjavan.com, but are not available upon receipt of your order.
2.6 NJ offers products which are on stock and ready to be dispatched. It is possible that some products are not available due to production problems or quality control issues at the time of the order. If this is the case, the customer will be contacted immediately by e-mail and the originally debited amount is credited again within 30 days after confirmation of the non-deliverable product.
3.1 The prices listed at the time of the order on nirvanjavan.com apply for all products. Price changes made after the order are not taken into account. Subject to technical alterations, errors and misprints are excepted.
3.2. All prices of NJ are net prices in Swiss francs and include VAT. Additional costs (e.g. shipping charges or surcharges for certain payment methods) are not included in the price and can be charged additionally.
4. Payment Methods
4.1 The payment methods listed on nirvanjavan.com apply. NJ reserves the right to refrain from offering certain payment methods and to refer customers to the other listed payment methods. NJ has the right to place additional charge for individual payment methods.
4.2 In case of credit card payment, the amount due will be debited directly after the conclusion of the contract through NJ. The customer confirms with the payment that the used credit card belongs to him or that he has a specific authorization from the credit card owner. All credit and debit card holders are subject to validity checks and an authorization from the card issuer. Should the issuer of the payment card refuse payment to NJ, NJ shall not be held liable for delays or non-delivery of the product.
4.3 NJ makes every effort to ensure that the website is as safe as possible. All credit card transactions are handled by SIX, an online payment portal that encrypts the card details of the customer in a secure database environment.
4.4 For registered users, the customer’s credit card details are stored securely by NJ. These details are completely encrypted and are only used for your transactions.
4.5 Payments are only accepted in Swiss Francs. NJ will not bear the cost of monetary transactions.
4.6 Invoices and credits are issued exclusively in electronic form.
4.7 NIRVAN JAVAN uses Secure Socket Layer Technology (SSL) to ensure that the customer’s purchasing experience is secure, simple and reliable.
4.8 In the event an advance payment, the ordered products shall be delivered only after the full invoice amount has been credited on the account specified by NJ. This payment must be made within 7 working days after the purchase confirmation has been delivered. The confirmation of purchase is conditional in this respect, i.e. the purchase contract is void and the obligation to deliver the goods is waived if the payment is not received in time. A delayed payment is another potential offer for the conclusion of the contract and may be accepted by NJ as described in section 2.4. If the offer is not accepted, the amount shall be refunded immediately and the order is cancelled.
4.9 NJ is entitled to withdraw from the contract, in the event of default by the customer. The remaining statutory claims in the event of default through the customer are still valid.
5. Shipping Information
5.1 NJ only delivers to addresses in Switzerland.
5.2 NJ exclusively ships with Swiss Post.
5.3 The shipping costs depend on the order value and the volume/weight of the package. The shipping costs are listed on the checkout page. NJ generally covers the shipping costs for shipments within Switzerland.
5.4 The goods remain the property NJ until the full payment of their purchase price has been received.
5.5 If a part of the order is not available immediately, the rest of the goods will be delivered without additional shipping costs. NJ is entitled to partial deliveries. The customer does not have the right to cancel the complete order, if certain products cannot be delivered. NJ does not cover the procurement risk.
5.6 The delivery period stated in the offer or in the order confirmation is only indicative and is not binding. NJ delivers immediately after receipt of the order or receipt of the payment but no later than within 30 days. If NJ does not comply with the obligation to deliver within this period, the customer may request NJ to make the delivery within an additional time period appropriate to the circumstances. If NJ does not deliver the goods within this additional period, the customer is entitled to withdraw from the contract.
5.7 If NJ finds, after receipt of the order, that the ordered goods are no longer available, payments already made will be refunded immediately. NJ reserves the right to offer a product of equal quality and price to the customer. In this case, the customer is not obliged to accept the goods.
6. Promotion vouchers
6.1 Promotion vouchers are vouchers issued by NJ for promotional purposes with a certain period of validity. These cannot be purchased by the customer.
6.2 Promotion vouchers are only valid for the specified period. Promotion vouchers cannot be combined with each other (even with different promotional vouchers).
6.3 The use of promotional vouchers after the purchase is not possible. The value of the voucher is not paid in cash and does not bear any interest. Any remaining balance will not be refunded.
6.4 If the order amount exceeds the value of an action voucher, the difference can be paid through the offered payment methods.
7. Return policy
7.1 A return period of 14 days in total is granted for all purchases from NJ. The customer may terminate the contract by returning the products within 14 days after receiving the products from NJ. The date of the postmark is decisive for the deadline.
7.2 Prerequisite for the exercise of the right to return is that the goods are returned completely, intact and in the original packaging. The right to return does not apply in the case of delivery of goods which, due to their nature, are not suitable for returns.
7.3 The products must be sent to the following address:
NIRVAN JAVAN GmbH
7.4 Refunds will always be credited on the account used by the customer for payment. The customer must ensure that he has access to the specified bank account.
7.5 The products are returned at the cost and risk of the customer.
7.6 Returns that cannot be associated with any customer, will be stored for 6 months and disposed of after this time.
8.1 NJ guarantees that the goods are free of material and legal defects at the time of the risk transfer.
8.2 If the delivered products show obvious material or manufacturing defects, the customer must notify NJ of such defects within seven days. Hidden defects must be reported within the same period after discovery. Failure to do so will void the warranty offered by NJ.
8.3 In the event of a defect, the customer may demand that NJ fixes the defect. If the elimination of a defect is not successful with a second repair attempt, the customer is entitled to demand the delivery of a defect-free item or a purchase price reduction or to withdraw from the contract.
8.4 The prerequisite for the warranty is that the defect is not caused by improper storage, discontinuance or use of the products.
8.5 The customer bears the burden to prove that the product was faulty for defects appearing later than six months after the delivery.
9.1 Liability shall be governed by applicable statutory provisions. However, NJ shall in no event be liable for slight negligence, indirect or direct damages or consequential damages, loss of profits, unrealized savings, damages resulting from delay in delivery as well as any acts or omissions of NJ’s assistants.
9.2 It should be pointed out that the colors of the products may deviate from the representation on nirvanjavan.com. Insignificant deviations do not trigger any warranty rights.
10.1 NJ respects the privacy of the customer. Customer data is treated confidentially and in accordance with the Swiss Data Protection Act. The data protection regulations are available on nirvanjavan.com.
11. Final provisions
11.1 If individual provisions of this agreement become wholly or partly invalid or inapplicable, lose their legal effectiveness or enforceability, the validity of the remaining provisions of the contract shall hereby not be affected.
11.2 The contract is concluded in German, even if these terms and conditions are offered in other languages, in particular English, in addition to the version in German. The General Terms and Conditions are not stored separately at the conclusion of a contract by NJ.
11.3 These General Terms and Conditions may be amended at any time by NJ. In the event of a change, NJ will notify its customers by e-mail or other appropriate means. By making use of NJ’s services, the customer agrees to the new, amended terms and conditions implicitly.
12.1 NJ puts emphasis on customer satisfaction. Concerns and complaints are checked as soon as possible after receipt and the customer will be contacted swiftly. NJ can be contacted via e-mail at firstname.lastname@example.org or at the postal address specified in paragraph 7.3 .
13. Choice of law and place of jurisdiction
13.1 Swiss law shall apply to the legal relations between NJ and its customers as well as to the respective terms and conditions. The application of the UN Convention on Contracts (11.04.1980) for the International Sale of Goods is excluded.
13.2 Zurich or the domicile of the customer shall be the place of jurisdiction, in the case of legal action by the customer. In all other cases, Zurich is the exclusive place of jurisdiction.
Web-Development by Jonas Hagemann
ToS last updated: 25. May 2017