Confidentiality - General terms and conditions

PRIVACY POLICY

YOGANEST - L. Chehab-Fabry, whose registered office is at Quai du Cheval-Blanc 11, 1227 Les Acacias, Switzerland, informs users of the website that www.yoga-nest.com and its customers, by means of this privacy policy, of the data processing that it carries out as data controller.

By producing effects on Swiss territory, YOGANEST - L. Chehab-Fabry complies with the new federal law on data protection (nLPD) which comes into force on 1 September 2023.

1. Scope of application

This privacy policy (hereinafter referred to as "Policy") applies regardless of the means or medium used to access our website and sets out the conditions under which, during your browsing, we collect, use and store information about you, as well as the choices you have regarding the collection, use and disclosure of this information. It also applies to all the services we provide as part of our activities.

By accessing this website or entering into a contract with us, you acknowledge that you have read, understood and agree to be bound by the terms of this Policy.

2. Definitions

Personal data: any information relating to an identified or identifiable natural person.

Processing: any operation relating to personal data, whatever the means and procedures used, in particular the collection, recording, storage, use, modification, communication, archiving, erasure or destruction of data.

Data controller: the private individual or federal body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

Sub-processor: the private individual or federal body that processes personal data on behalf of the data controller.

Data security breach: any breach of security resulting in the accidental or unlawful loss, alteration, deletion, destruction, disclosure or unauthorised access of personal data.

3. When you browse our website

3.1 Data collected

3.1.1 Navigation data
When you browse our website, we may collect the following information about you:

• Your IP address
• The date and time of your visit
• Communication and usage data (e.g. origin of connection, web pages visited, access time, browser used, brand of equipment used to connect)

3.1.2 Basic and contact data

In addition, when you make a contact request or subscribe to our newsletter, we collect the following information with your consent, which may vary depending on the method of contact:

• Your full name
• Your e-mail address
• Your telephone number
• Your postal address

3.1.3 Data from a social network

When you allow a third-party social network (such as Facebook, Twitter, LinkedIn, YouTube, etc.) to share with us, we may receive any data that you share publicly on that social network and data that is part of your profile. This may include your basic account information (e.g. name, email address, gender, date of birth, city of residence, profile picture, user ID, list of friends, etc.) and any other information or activity that you allow the third party social network to share.

To find out more about how we receive data about you from third-party social networks or to stop sharing your data on these social networks, we invite you to consult the terms of use of these social networks. In particular, the following are non-exhaustive and indicative:
- Facebook (Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) - Privacy Statement: https://www.facebook.com/about/privacy/, Opt-Out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.
- Google / YouTube (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) - privacy statement: https://policies.google.com/privacy, opt-out: https://adssettings.google.com/authenticated, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.
- Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) - privacy/opt-out statement: http://instagram.com/about/legal/privacy/.
- X/Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) privacy statement: https://twitter.com/de/privacy, opt-out: https://twitter.com/personalization, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active.
- Pinterest (Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA) - privacy statement / opt-out: https://about.pinterest.com/de/privacy-policy.
- LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland) - privacy statement https://www.linkedin.com/legal/privacy-policy , opt-out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out, Privacy Shield : https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.

3.2 Purpose of data use

As the controller of the personal data we collect on our site, this article describes the purposes for which we process your data. Not all the purposes for which data is used apply to all users.

3.2.1 Supply of services

We use your contact details to respond to your requests to contact you and/or to send you our newsletter.

When you contact us (e.g. via a contact form, e-mail, telephone or social media), the user data is used to process the contact request and its execution.

If you have registered on our site to receive our newsletters, you can unsubscribe at any time by clicking on the link at the bottom of each newsletter or by sending us a message (see paragraph 9). Once you have unsubscribed, your e-mail address will be immediately removed from our newsletter distribution list.

If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to send you regular e-mail offers concerning goods or services relating to our business on the basis of our legitimate interest in personalised direct advertising. You have the right to object at any time, with effect for the future, to the use of your e-mail address for advertising purposes by sending us a message (see paragraph 9).

3.2.4 Marketing

We use your data to send you information about our services and promotional offers, to ask you to take part in surveys or to develop a more direct relationship with you.

3.2.5 Customisation

We use your data to analyse your preferences and habits, personalise your experience on our site and optimise our site for you and your computer. This also enables us to offer you content that better matches your interests.

Our website uses Google Analytics, a web analysis service provided by Google Ireland Limited. If the data controller of this website is located outside the European Economic Area or Switzerland, Google Analytics data will be processed by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as "Google". Google Analytics uses "cookies", which are text files placed on the visitor's computer, to help the website analyze how users use the site. The information generated by the cookie about the use of this website by the visitor (including the abbreviated IP address) is generally transmitted to a Google server and stored there. Google Analytics is used exclusively with the "_anonymizeIp()" extension on this website. This extension anonymises the IP address by shortening it and excludes any direct link with a person. Google uses this extension to shorten the IP address beforehand in the Member States of the European Union or in other countries that have signed the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and abbreviated there. The IP address transmitted by the browser concerned within the framework of Google Analytics will not be combined with other Google data. The collection of data by Google Analytics can be prevented by adjusting the cookie settings for this website. In addition, the collection and storage of IP addresses and data generated by cookies can be rejected at any time with effect for the future. The relevant browser plug-in can be downloaded and installed at the following link: https://tools.google.com/dlpage/gaoptout. For more information on how Google uses this data, how you can set the parameters and how you can object, please consult Google's privacy statement (https://policies.google.com/privacy) and the parameters for the display of advertisements by Google (https://adssettings.google.com/authenticated).

3.2.6 Pursuit of our legitimate interests

Your data may also be used to pursue our legitimate interests, which include monitoring the use of our site and investigating any complaints we may receive from you or third parties.

3.3 Cookies

When you visit our website, data may be stored in or retrieved from your browser, usually in the form of cookies.
This information may relate to you, your preferences or your device and is mainly used to ensure that the website functions correctly.

Please note that when you browse our website, these types of cookies are used:

3.3.1 Necessary cookies

These cookies are necessary for the website to function and cannot be deactivated in our systems. They are generally set in response to actions you have taken that constitute a request for services, such as logging in or filling in forms. You can configure your browser to block or be informed of the existence of these cookies, but some parts of the website may be affected.

3.3.2 Performance cookies

These cookies enable us to determine the number of visits and the sources of traffic, in order to measure and improve the performance of our website. They also help us to identify the most and least visited pages and to assess how visitors navigate the website.

3.3.3 Cookies for targeted advertising

These cookies may be placed on our website by our advertising partners. They may be used by these companies to profile your interests and offer you relevant advertising on other websites.

You can deactivate them via your browser's security settings. Please note that if you do this, you may not be able to use all the functions of this online offer.

For information purposes only, a general objection to the use of cookies for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/.

4. When you are a YOGANEST customer - L. Chehab-Fabry

4.1 Data collected

4.1.1 Identification data
When you contract with us, we collect information that identifies you, such as :

• Your full name
• Your postal address
• Your telephone number
• Your e-mail address
• The selected connection language

4.1.2 Other data

In addition to the navigation data mentioned in paragraph 3.1.1, we may also collect financial information concerning your order, such as :

• Data relating to each order (items, amount, etc.)
• Number of orders placed and total amount since opening your account
• Last date of activity
• Your payment method for each order

If you have paid by credit card, we may only know the country of issue of the card and its last 4 digits, which are not stored on our site under any circumstances. Confidentiality declaration of the subcontractor Worldline: https://worldline.com/fr-ch/compliancy/privacy.html

4.2 Purpose

In the course of providing our services, we may process your personal data for the following purposes:

• Contract fulfilment (including processing orders and teaching courses and similar activities)
• Accounting management

However, not all objectives apply to all customers.

5. Categories of recipients

5.1 Subcontracting

We use subcontractors and external service providers to

• manage and maintain our website
• hosting of our website
• accounting management
• targeted advertising
• managing payments on our site
• sending newsletters
• booking our courses and other teaching services, as well as online distance learning

In accordance with Article 9 of the DPA, when we use subcontractors, we ensure that they apply technical and organisational security measures at least equivalent to those we put in place to guarantee the security of subcontracted personal data.

5.2 Transmission to third parties

We may pass on your data to third parties if required to do so by law or at the request of a judicial or administrative authority, to protect our rights or interests.

6. Data security and confidentiality

In accordance with Article 7 of the DPA, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the type of processing and its extent, the costs of implementation and the nature, scope, circumstances and purposes of the processing, as well as the different degrees of probability and the risk that the processing of the data poses to the personality or fundamental rights of individuals.

7. Communications abroad

Your data may be processed in foreign countries (see point 5.1 subcontracting). These communications abroad are governed by the guarantees set out in articles 16 and 17 of the DPA, thus ensuring the security of your personal data. It should be noted that the countries of the European Union (EU) or the European Economic Area (EEA) comply with the framework of these guarantees (please refer to the General Data Protection Regulation (GDPR)). The US Privacy Shield is officially recognised as a level of data protection equivalent to that of the EU.

In the event of transfers to third parties established in countries that do not ensure an adequate level of data protection (not complying with art. 16 and 17 of the DPA), we will take appropriate protective measures, such as signing standard contractual clauses.

8. Your rights

You may ask us to access, rectify, forward or delete your personal data.
To exercise your rights, please contact us using the details given in paragraph 9.

9. Contact

If you have any questions about this Policy, the processing of personal data by us or to exercise your individual rights, please contact us at the following address: [email protected]

10. Update

This Privacy Policy may be amended in line with legal, operational and strategic developments. Any updates will be available on this page. Please check it regularly.

11. Translations

For the convenience of site users, this site is available in several languages. The site uses AI (DeepL) for translations into languages other than French. The French version is legally binding.

Last update: 26.05.2024

GENERAL TERMS AND CONDITIONS OF SALE

The sale of products on the https://www.yoga-nest.com/e-shop/ website (hereinafter the "Site") is governed by these General Terms and Conditions of Sale. Before placing an order, the customer must read these General Terms and Conditions of Sale carefully. Submission of the order implies full knowledge and express acceptance of the aforementioned General Terms and Conditions of Sale and of the information contained in the Order Form. Once the online purchase procedure has been completed, the customer must print out and keep these General Terms and Conditions of Sale and the relevant Order Form, which have already been read and accepted.

1. Subject

1.1 The purpose of these General Terms and Conditions of Sale is the online sale of products by means of e-commerce services on the https://www.yoga-nest.com/e-shop/ website to customers, whether natural or legal persons (hereinafter the "Customer"), whose domicile, registered office or habitual residence is in Switzerland or the Principality of Liechtenstein or in France (mainland France, Andorra and Monaco), Germany or Austria. Given the large number of products available, their main characteristics and prices (including any additional charges) are clearly indicated on the site.

1.2 The products sold on the https://www.yoga-nest.com/e-shop/ website can only be purchased and delivered in the territories mentioned in point 1.1. For any proposed order for products to be delivered outside these territories, the Customer must submit his request to the Seller in advance in order to define the specific delivery charges applicable.

1.3 Any order for a product offered for sale on the site implies consultation and acceptance of these General Terms and Conditions of Sale, without this acceptance being conditional on a handwritten signature by the Customer. In fact, validation of the order form constitutes an electronic signature which, between the parties, has the same value as a handwritten signature and is proof of the completeness of the order and of the payability of the sums due in execution of the order.

1.4 These General Terms and Conditions of Sale are accessible at all times on the site and shall prevail, where applicable, over any other contradictory document.

2. Parties involved 

2.1 The products are sold directly by the sole proprietorship "YOGANEST - L. Chehab-Fabry", whose legal and administrative registered office in Switzerland is at Quai du Cheval-Blanc 11 1227 Les Acacias, and whose identification number in the Commercial Register of the Canton of Geneva is CHE-254.140.198 (hereinafter the "Seller").

For further information, please contact the Seller's Customer Service Department:

- by telephone on +41.78.217.88.98

- by e-mail to the following address: [email protected]

- by post to the following address:
YOGANEST - L. Chehab-Fabry
Customer service
Quai du Cheval-Blanc 11
1227 Les Acacias (Switzerland)

2.2 These General Terms and Conditions of Sale govern the sale of products on the https://www.yoga-nest.com/e-shop/ website and do not govern the provision of services or the sale of products by entities other than the Seller to which the Customer may have access on the https://www.yoga-nest.com/e-shop/ website by means of links, banners or other hypertext links. Before placing orders and purchasing products and services from legal entities other than the Seller, we suggest that you consult their conditions of sale and privacy policy, as the Seller is not responsible for the provision of services or sale of products by third parties that are not the Seller.

2.3 Products are sold to Customers identified by the data entered when they complete and send the Order Form in electronic format, with simultaneous acceptance of these General Terms and Conditions of Sale.

2.4 The products on the https://www.yoga-nest.com/e-shop/ website are intended for customers of legal age. If you are under 18 and/or do not have the capacity of discernment to make purchases on the https://www.yoga-nest.com/e-shop/ site, you must first obtain the consent of your parents or a guardian. Remember: this principle applies not only to our site, but to all the sites you visit on the Internet: when you are browsing the Internet and you see information that you do not understand or that is not clear to you, or when you are asked for such information, always ask your parents or guardian for help. By placing an order through this website, you guarantee that you are of legal age (18) and that you have the civil rights to enter into binding contracts.

2.5 The Customer is prohibited from entering false and/or invented and/or fanciful names or other data as part of the online ordering procedure or in other communications. The Vendor reserves the right to take legal action in the event of violation and abuse, in the interest and for the protection of all consumers.

2.6 Furthermore, by accepting these General Terms and Conditions of Sale, the Customer releases the Vendor from any liability resulting from the issue of erroneous tax documents due to errors relating to the data provided by the Customer at the time of placing the online order; in fact, as a Customer, the Customer is solely responsible for the correct entry of such data.

3. Sale via an e-commerce service

3.1 "Online sales contract" means a distance contract for the sale of movable goods (hereinafter referred to as "Products") entered into by the Customer and the Seller as part of an e-commerce service organised by the Seller which, for this purpose, uses the distance communication technology known as the "Internet".

3.2 The reproductions of the Products appearing on the https://www.yoga-nest.com/e-shop/ website do not constitute an offer to the public which is binding on the Seller but a simple "invitatio ad offerendum". Before transmitting the order, the Customer registered on the Site will be able to access the "My Account" section to modify and correct the list of Products in his shopping basket. Once the order has been submitted, it can still be viewed (but not modified) by the Customer on the Site in the "My Account" section.

3.3. For each Product on sale on the Site, the Vendor undertakes to provide a detailed description and does everything in its power to provide the Customer with as much information as possible to enable them to find out about the items before registering their orders. It is the Customer's responsibility to take note of the characteristics of the Products and the recommendations made. Furthermore, if, despite all the care taken in drafting these descriptions, errors or omissions should occur, the Vendor may not be held liable.

3.4 Although the Seller constantly adopts measures to ensure that the photographs presented on the Site are faithful reproductions of the original Products, including the adoption of any possible technological solution to reduce inaccuracies as much as possible, variations due to the technical characteristics and colour resolution of the computer used by the Customer are always possible. Consequently, the Seller will not be held liable for any inaccuracy in the graphic representations of the Products shown on the Site due to the aforementioned technical reasons, given that these representations are purely illustrative. Should the Customer find any errors or omissions in these descriptions, he/she is welcome to contact the Seller's Customer Service Department to report them.

3.5 The Customer may view the various items offered for sale by the Vendor on its Site. They may freely browse the various pages of the Site, without being bound by any order.

3.6 Registration is necessary and compulsory in order to place an order. When placing an order for the first time, the Customer must create an online account by entering two identifiers, their e-mail address and a password, and then accurately complete this account with their personal details (surname, first name, address, telephone number, etc.), which they must then ensure are kept up to date. The Seller guarantees the confidentiality of the data transmitted after the password has been entered. The Customer is responsible for the use of his/her password. They are informed and accept that entering these two identifiers to access their customer account (e-mail address and password) constitutes proof of their identity and confirms their consent. If the Customer has forgotten his/her password, he/she can obtain a new one by clicking on the "forgotten password" link displayed in the "login" section. A form for creating a new password will be sent by e-mail.

3.7 By creating his account, the Customer authorises the Seller to send him invitations by e-mail to private sales and other promotional, marketing or information operations.

3.8 In order to order one or more Products, the Customer shall complete the Order Form in electronic format (hereinafter also referred to as the "Order") and send it to the Seller via the Internet by following the corresponding instructions.

3.9 The Order includes:

- a reference to these General Terms and Conditions of Sale;

- information and images of each Product and its respective price;

- the means of payment that the Customer may use;

- the methods of delivery of the Products and the respective costs of dispatch and delivery;

3.10 Before sending the Order, the Customer shall be asked to confirm that he/she has read the General Terms and Conditions of Sale. By submitting an Order via the Internet, the Customer unconditionally accepts and undertakes to comply with these General Terms and Conditions of Sale in its dealings with the Vendor. The information recorded during and after the payment process constitutes proof of all financial transactions between the Vendor and the Customer.

3.11 Once the Order has been received, the Seller shall immediately send the Customer an e-mail confirming receipt of the Order, which shall contain a summary of the details of the Order.

3.12 Once it has carried out the necessary checks, the Vendor shall validate the order and update the status (now "In Progress") of the Order on the Web Site. The Customer will then receive an e-mail informing them of the change in status of the Order.

3.13 The online sales contract concluded by the Customer with the Seller shall only be concluded after the Seller has changed its status as referred to in point 3.12.

3.14 In the online sales process, the Seller is only bound by an obligation of means; it may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, breakdown in service or other involuntary problems.

4. Setting up the order

4.1 Before the Order is prepared and dispatched, the Seller may ask the Customer, by e-mail or on the telephone number indicated by the Customer, for additional information relating to the Order.

4.2 The Seller may not proceed with Orders which do not offer sufficient guarantees of solvency or which prove to be incomplete or inaccurate. In this case, the Vendor shall inform the Customer by e-mail that the contract has not been concluded and that the Vendor has not processed the Order, stating the reasons for this decision. In such a case, the amount already cashed on the Customer's means of payment shall be released, with the exception of the costs mentioned in point 4.6.

4.3 If certain Products presented on the Web Site are no longer available or are no longer on sale after the Order has been sent, it shall be the Vendor's responsibility to inform the Customer of the possible unavailability of the Products ordered, in good time and in any event within fifteen (15) working days from the day following the date on which the Order was sent to the Vendor. In such an event, the amount already reserved on the Customer's payment method shall be released. In the event that some of the Products ordered are unavailable, due to a stock discrepancy or a delivery problem on the part of the Vendor's suppliers, the remainder of the Order shall remain firm and definitive.

4.4 Each sale made by the Seller via the online sales service may relate to one or more Products. All Orders placed on the Web Site must meet normal consumer needs. This requirement applies both to the number of Products purchased as part of a single Order and in the event of multiple Orders for the same Product, even if each Order includes a quantity of Products that meets normal consumer needs.

4.5 The Vendor reserves the right to refuse Orders from a Customer with whom a dispute and/or claim relating to a previous Order is pending. This principle shall also apply in all cases where the Vendor considers that the Customer cannot be accepted, including in particular in the event of previous breaches of contractual conditions for purchases on the Site or for any other legitimate reason, especially where the Customer has been involved in any fraudulent activity whatsoever. In such a case, the amount already cashed on the Customer's payment method will be released, with the exception of the costs mentioned in point 4.6.

4.6 In the event that the Customer requests the cancellation of an Order, for whatever reason, and in the cases referred to in points 4.2 and 4.5, the Seller shall make a partial refund of the amount already received by the Customer's means of payment, deducting, where applicable, the commission charged by the payment organisation (in particular for payments by debit and credit cards, Paypal, Twint, etc.) as well as a handling fee of CHF 5 to 10 (Swiss francs).

5. Selling prices

5.1 Unless otherwise indicated, all prices of Products and shipping and delivery costs indicated on the Web Site and on the Order include Swiss VAT and are expressed in CHF (Swiss francs). Subject to the provisions of clause 4.2, prices are valid only for the period indicated on the Web Site at the time the Internet Order is placed. Product prices and shipping and delivery costs may be changed by the Seller without prior notice. It is therefore the Customer's responsibility to check the final sale price before transmitting the Order in question.

5.2 The prices of the Products are indicated in Swiss Francs, inclusive of all taxes but exclusive of shipping and delivery costs, which are invoiced in addition depending on the value of the Order, its weight, its destination and the delivery method chosen by the Customer. These delivery costs are indicated before the Order is validated by the Customer. All sales are payable in Swiss Francs, regardless of where the order is placed from. Excluded from the prices given are customs duties, freight forwarding charges and any other taxes relating to legislation specific to each country when delivery is requested outside Switzerland and Liechtenstein (see point 7.3).

5.3 In addition, despite the Vendor's best efforts, the Vendor cannot exclude the possibility that a price different from the actual price may be indicated in error for a small number of Products on the Site. The Vendor shall in all cases check the accuracy of the prices of the Products during the Order verification procedure. If, due to errors or other incidents, the price indicated on the Web Site is lower than the correct selling price of a Product, the Vendor shall contact the Customer to verify that the Customer still wishes to purchase the Product at the actual price. If this is not the case, the Order cannot be accepted. If the correct price of a Product is lower than that indicated on the site, the Seller will charge the lower effective price and will send the Product anyway.

6. Payment methods

To pay the price of the Products and the related shipping and delivery costs, the Customer may use one of the methods of payment indicated in the Order Form on the https://www.yoga-nest.com/e-shop/ website and which are summarised below.

6.1 Credit and debit cards, including Postcard

6.1.1 For online orders on our Site, the Seller accepts payment by credit card or debit card without any additional charges which are added to the price of the Product and the shipping costs. Nevertheless, the Customer must be the holder of a valid credit or debit card at the time of placing the Order for the Products purchased online and the person indicated on the credit or debit card must be the same as the person designated in the invoicing details. If these conditions are not met, it will not be possible to process the Order.

6.1.2 At the time of the online Order, at the same time as the Confirmation of Receipt of the Order, the reference bank will deduct the amount relating to the Order from the funds available on the credit or debit card.

6.2 Paypal

If the Customer has a Paypal account, the Vendor gives the Customer the option of making payments directly using the e-mail address and password with which the Customer is registered on www.paypal.com.

6.3 Twint

If the Customer is a user of the Twint payment method, the Vendor gives the Customer the option of making payments using the Twint application provided by the Customer's bank.

6.4 Payment in cash

This method of payment is only available for Click & Collect Orders, with collection in Geneva (see point 7.4). The Customer is requested to present the exact amount of the invoice in cash and in CHF (Swiss Francs).

6.5 Payment on invoice

This method of payment is only available for Orders of less than CHF 200 to be delivered in Switzerland to a Customer resident in Switzerland. By choosing payment on invoice, the Customer undertakes to transfer the amount of the invoice within 7 days of receipt of the Order. Customers are advised that if they choose this method of payment, a solvency check will be carried out. The bank details for payment will appear on the invoice enclosed with the parcel (Iban and/or QR code).

6.6 Bank transfer

By choosing payment by bank transfer, the Customer undertakes to pay the invoice amount within 7 days. If the Seller has not received payment within 7 days of the Order being placed, the Order shall be cancelled by the Seller. The Customer must quote the Order ID as the payment reference. If the Customer makes an international payment, he/she shall take note of the fact that the amount due must be paid in Swiss Francs (CHF) and that the costs of the transfer shall be borne in full by the Customer. If these conditions are not met, the Seller shall request financial compensation from the Customer, which shall be due before the Order is dispatched. The Order shall only be dispatched once payment has been received in full.

6.7 Regardless of the method of payment chosen by the Customer, at no stage of the purchase procedure is the Vendor able to become aware of information relating to the credit or debit card (for example, the credit card number or its expiry date) or to the bank or postal account linked to the Twint payment method, as this information is transmitted directly to the site of the legal entity managing the electronic payment (banking establishment or Paypal) via a connection protected by a cryptographic protocol. This data will not be stored in any of the Seller's computer files.

6.8 Thus, under no circumstances can the Vendor be held responsible for the possible fraudulent and illicit use of credit or debit cards, a Paypal account or a Twint application by third parties. Furthermore, if the Customer decides to save his/her bank details on the system that he/she uses and/or on the Vendor's Site so that he/she no longer has to enter them for each order, he/she assumes full responsibility for doing so.

6.9 The Order validated by the Customer shall not be considered effective until full payment has been confirmed by the company managing the Site's payment solutions. If payment is refused, the Order shall be automatically cancelled.

6.10 The Products shall remain the property of the Seller until the Order has been paid for in full. This provision shall not affect the liability clause set out below in point 7 from the time the Order is transferred to the Customer, and the Seller shall not be liable for any loss or damage from the time the Order leaves its premises.

7. Shipment and delivery of products

7.1 The Seller encourages delivery that respects the planet with a minimum carbon impact. This is why it does not make Express deliveries, does not use plastic packaging and reuses packaging material that has already been used as far as possible.

7.2 The Seller undertakes to deliver the Products ordered to the Customer within a maximum of thirty (30) days from the conclusion of the contract. Please note that the delivery areas are limited, see sections 1.1 and 1.2.

7.3 Customs duties: any Order placed on the https://www.yoga-nest.com/e-shop/ website and dispatched outside Switzerland or the Principality of Liechtenstein may be subject to taxes or customs duties. These costs shall be borne by the Buyer and shall be the Buyer's responsibility, whether they relate to customs or to a forwarding agent. The Seller is not obliged to inform the Customer of the taxes or customs duties applicable in the country of delivery. To find out what these are, it is up to the Customer to contact the competent authorities in his or her country.

7.4 Products purchased via the Seller's Website may be delivered in various ways.

- Free CLICK & COLLECT - an appointment will be made with the Customer for collection of the order (Quartier des Acacias, Geneva). Wherever possible, the Seller will do its utmost to accommodate the Customer's preferred time slot. Exceptionally and at its discretion, the Seller may also offer the Customer the option of collecting the Order from another district or town.

- SWITZERLAND - delivery by Economy / B Mail (details under article 7.5)

- GERMANY, AUSTRIA and FRANCE (mainland France, Andorra & Monaco) - delivery by post with PostPac International (details under article 7.5)

- INTERNATIONAL - for deliveries to other countries, the Customer must contact the Vendor's Customer Service before validating an Order, so that the Vendor can provide the Customer with a quote for specific delivery costs. Import taxes and customs duties which may apply depending on the country of destination shall not be included in the Seller's service (see article 7.3).

7.5 Delivery to the delivery address indicated by the Customer

7.5.1 Delivery costs are calculated automatically in the purchase summary as detailed below and appear in the total to be paid. They include the cost of postage, handling and packaging materials. The amounts below are indicated in CHF (Swiss Francs).

Switzerland & Principality of Liechtenstein - B Mail / Economy delivery

Envelope or pack up to 400g 6.00

400gr to 2kg pack 10.-

2-10kg 13.00

10.1-30kg 23.00

Germany, Austria and France (mainland France, Andorra & Monaco) - international PostPac delivery

Up to 1kg 22.-

1-2kg 33.-

2-5kg 49.00

5-10kg 55.00

10-15kg 64.00

For orders of Products of one hundred and ninety-five francs (195.-) or more, delivery within Switzerland and to the Principality of Liechtenstein is offered to the Customer for a maximum shipment weight of 10kg. This offer is not valid for products on promotion and/or during sales periods and does not apply to deliveries to other countries.

7.5.2 The Products purchased shall be delivered by the courier service designated by the Seller to the delivery address indicated by the Customer on the Order. The Customer must ensure that his/her details are correct and complete.

7.5.3 It is imperative that the Customer checks that the parcel is complete at the time of delivery, upon receipt of the goods at the delivery address indicated. In the event of any anomaly, the Customer must have it noted and recorded accurately by the courier service and the Customer must refuse the parcel. Failing this, the Customer will no longer be able to assert any rights in this respect.

7.5.4 If the Customer or the addressee of the parcel ordered is absent at the time of delivery, they will receive a calling card and will be entirely responsible for organising the collection of the parcel from the delivery service provider within the time limit set, regardless of the country of destination. If the Customer is unable to collect the parcel, it will be returned to the Vendor, who will then offer to re-ship the order a second time at the Customer's expense. In this case, the Vendor reserves the right to invoice the Customer for any costs incurred in returning the parcel, particularly if the parcel was returned from a country other than Switzerland. If the Customer does not wish to be re-delivered, he shall be reimbursed the value of the Order after deduction of the initial delivery costs, the return costs incurred and a fee of twenty (20) Swiss Francs which the Vendor shall retain for processing the return. No dispute relating to the delivery itself shall be possible if the parcel appears to have been delivered, the carrier's or Post Office's computer system acting as proof.

7.5.5 YOGANEST is a small company and does not undertake to process Orders immediately. If delivery times are given, they are given for information purposes only and are indicative, as they depend in particular on the availability of carriers and the order in which Orders are received. The same shall apply in the event of forced closure of the Seller's company, force majeure, or in the event of circumstances beyond the Seller's control, such as strikes, frost, fire, storms, floods, epidemics, supply difficulties, without this list being exhaustive. Delays in delivery shall not give rise to any penalty or compensation, nor shall they be grounds for cancelling the Order.

7.5.6 The Seller reserves the right to split shipments, for example in the event of temporary unavailability of certain Products or in the event of direct delivery of certain items by the original brands.

7.6 Collection by the Customer (Click & Collect)

7.6.1 The Customer shall receive an e-mail confirming the availability of the Order at the collection address (Click & Collect). From that point onwards, the Customer shall have twenty (20) working days in which to collect the Order, after having contacted the Vendor's Customer Service department to arrange a mutually convenient collection date and time.

7.6.2 If the Order is not collected by the end of this period, the Seller reserves the right to cancel the Order and refund the Customer the sum paid, subject to a processing fee of twenty (20) Swiss Francs. The refund will be made by the method of payment chosen when the Order was placed online.

8. Feedback and discussion 

8.1 In contrast to fast fashion, the Seller encourages fair and responsible consumption. We are happy for you to wear what you order and since every shipment has a carbon impact, even if it is small, we want to work with you to reduce it. If you are unsure about a colour or size, please contact our Customer Service department before placing your order. We will be happy to advise you.

8.2 If a return is necessary, the Customer must first contact Customer Services, stating the reason for the return. The Seller accepts returns within 14 days from the date of dispatch provided that the Products have not been used, worn, stained (beware of deodorant and make-up), altered or washed. They must be returned in their original packaging with original labelling. Returns may be made in Geneva, by appointment only, using the Click & Collect service (see point 7.6), or by post, which must include a tracking system, at the Customer's expense. The return address must be: YOGANEST - L. Chehab-Fabry, Quai du Cheval-Blanc 11, 1227 Les Acacias, Switzerland.

8.3 Cosmetic items and books cannot be returned or exchanged, nor can any items on sale or promotional offer. Returned products will be checked on receipt, and the Seller reserves the right to refuse reimbursement if they have been tampered with. If accepted, the refund will be made within a maximum period of twenty (20) days from the date of receipt of the parcel by crediting the amount to be refunded (price of the Products returned) to the Customer's bank account using the payment method used for the initial Order.

8.4 If the Customer opts for an exchange of the returned item, the Seller shall offer the Customer (once only) the cost of this second postal delivery, as a commercial gesture. If the Customer prefers to benefit from Click & Collect, he/she may not claim financial compensation for this commercial gesture.

9. Legal guarantee of conformity 

At the time of delivery, the Customer must check the Products to ensure that they correspond to the items ordered and that there are no defects in conformity. The sale of Products is subject to the legal warranties provided by the law in force (article 210 of the Swiss Code of Obligations). All Products sold by the Seller are covered by the legal warranty against defects in conformity for two (2) years from the time of delivery of the goods: this means that the Seller is liable if the defect in conformity becomes apparent within this period. Only Products with a proven hidden defect may be returned on this basis. The Customer who declares that his product suffers from a hidden defect must provide proof thereof. On receipt of the document, the Seller will send the Customer written confirmation, together with the procedure to follow and the return address for sending the Product to Customer Services. The cost of returning the Product shall be borne by the Customer. Acceptance of the return will take place once the hidden defect has been identified by the Seller. Once the return has been accepted, the Product will be exchanged at the Seller's expense. Any Customer who does not notify the Seller of the defect within two (2) years will not be entitled to the rights set out above.

10. Applicable law, dispute resolution and place of jurisdiction 

10.1 These General Terms and Conditions of Sale, and consequently their interpretation, performance and termination, as well as all transactions entered into in connection with them, are governed exclusively by Swiss law.

10.2 These General Terms and Conditions of Sale are in French. Any dispute which may arise from these General Terms and Conditions of Sale shall be subject to the exclusive jurisdiction of the Court of the Seller's registered office.

11. Declaration of protection of personal data provided by the customer when ordering products on the https://www.yoga-nest.com/e-shop/ website. 

11.1 This declaration applies to the personal data provided by the Customer when ordering products on the https://www.yoga-nest.com/e-shop/ Site and is governed by Swiss law. To find out how the Vendor treats the Customer's personal data when the Customer visits the Site, the Vendor asks the Customer to carefully read the Privacy Policy found on the Site.

11.2 The Controller of the personal data entered by the Customer when ordering products on the https://www.yoga-nest.com/e-shop/ Site is "YOGANEST - L. Chehab-Fabry", Quai du Cheval-Blanc 11, 1227 Les Acacias, Switzerland (CHE-254.140.198).

11.3 By "processing of the Customer's personal data" the Seller means any operation carried out with such data, such as the collection, storage, management, use, transmission, disclosure or deletion thereof.

11.4 When the Customer decides to order a Product on the Site https://www.yoga-nest.com/e-shop/, he will be asked to fill in an online form with some of his personal data, such as for example his surname, first name, e-mail address, telephone number, home address, delivery address, credit card number, etc. The Seller does not ask for any sensitive data when ordering Products. The Vendor does not ask for sensitive data when ordering Products.

11.5 The Seller will process the personal data provided by the Customer when ordering Products for the purpose of fulfilling Orders and for activities related thereto (sending Confirmation of receipt of the Order, sending the goods, invoicing, managing payments and related activities, etc.). In the event that the Vendor intends to use the data provided by the Customer when ordering Products for purposes other than the provision of the requested service or for additional purposes, the Vendor will require the Customer's consent before processing the data.

11.6 The Vendor may transmit the Customer's personal data to third parties outside his company insofar as this is necessary and useful to achieve the purpose of data processing in relation to the service chosen by the Customer. In particular, the Vendor may send this data to parcel delivery companies, companies that carry out postal or mailing services and financial institutions such as Paypal. It may also transmit the Customer's personal data to third parties if it considers this necessary to comply with the laws and regulations in force, in the event of legal proceedings, at the request of the courts and competent authorities or by virtue of other legal obligations in order to protect and defend its rights and/or property.

11.7 The Seller is careful to use IT tools and data carriers, technical and organisational instruments capable of guaranteeing the security and confidentiality, as well as the accuracy, updating and relevance of the Customer's personal data. However, it reminds the Customer that the transmission of data via the Internet or other electronic means involves inherent and unavoidable risks and that, consequently, despite its IT and technical systems, it cannot guarantee the absolute security of the data that the Customer transmits to it via these means.

11.8 The Customer may at any time exercise his rights under the law. In particular, he/she has the right to obtain confirmation of the existence or otherwise of the data provided (content and origin), to check its accuracy or to request that it be completed, updated, corrected and/or deleted.

11.9 If the Customer has any questions, wishes to request information or exercise the rights provided for in section 11.8, he or she may send an e-mail to [email protected] or contact the controller at the address given in section 11.2.

12. Intellectual property rights

12.1 All elements of the https://www.yoga-nest.com/e-shop/ site (images, logos, texts, videos, comments, graphic charter, etc.) are the exclusive intellectual property of the Seller or of the partner brands that it distributes. Any other use constitutes an infringement and is punishable under Intellectual Property law unless prior authorisation has been obtained from the Vendor. All rights reserved.

12.2 No Customer or visitor to the Site may set up a hyperlink to the Site without the Vendor's prior authorisation. The Vendor may not be held liable for access by the Customer or a visitor via the hypertext links set up within the framework of the Site to other resources present on the Internet.

13. Modification and updating

The Seller may modify or amend these General Terms and Conditions of Sale at any time. The Customer must therefore only accept the General Terms and Conditions of Sale in force at the time of the Order concerned. The new General Terms and Conditions of Sale will apply from the date of publication on the https://www.yoga-nest.com/e-shop/ website and to Orders placed from that date.

14. Translations

For the convenience of site users, this site is available in several languages. The site uses AI (DeepL) for translations into languages other than French. The French version is legally binding.

Last update: 11.07.2024