Terms of Service
Last updated: 05/11/2022
1. SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter "GTC") shall apply to all contracts between
E-mail address: firstname.lastname@example.org
Commercial Register of the Canton of Zurich
Company number: CHE-295.202.632
Jurisdiction: Dietikon Local Court
(hereinafter also referred to as "we" or "GridUp) and its customers (hereinafter also referred to as "you" or "Buyer") with habitual residence and a delivery address in Switzerland. In the course of the ordering process, you accept the General Terms and Conditions and any other GridUp terms and conditions referred to therein in the version available on the Internet at the time the order is placed. All verbal and telephone agreements must be confirmed in writing to be binding. The requirement of writing is also fulfilled if a declaration is contained in an e-mail. GridUp shall not recognize any deviating terms and conditions of the Customers without express written consent.
1.2 Our products and services are intended exclusively for end consumers with a habitual residence and a delivery address in Switzerland and are not intended for resale.
2. CONCLUSION OF CONTRACT AND GENERAL OBLIGATIONS OF THE ORDERER
2.1 The information and prices as well as the presentation of the products on the website gridup.io are to be understood as a legally non-binding offer.
2.2 A contract is concluded by an offer and its acceptance. The offer made by GridUp on the Internet, in apps as well as in advertisements is not an offer in the legal sense, but an invitation to the Customer to make an offer to conclude a contract. By filling out the order form provided by GridUp and pressing the "Order with obligation to pay" button, the Customer makes a binding offer to conclude a contract for individual or recurring deliveries. The Purchaser will receive an automatically generated confirmation of receipt of the order by e-mail to the e-mail address provided by the Purchaser (hereinafter referred to as "Order Confirmation"). This Order Confirmation does not constitute an acceptance of the offer by GridUp, but merely informs the Purchaser that the order has been received by GridUp. The Purchaser shall be bound by the Order for seven (7) days.
2.3 A purchase contract for the ordered products shall be bindingly concluded if GridUp accepts the offer within this period by delivering it to the Purchaser or by sending a binding declaration of acceptance. GridUp may refuse acceptance at any time without giving reasons.
2.4 The Purchaser shall truthfully provide the Customer data requested by GridUp, such as personal data, addresses and credit card numbers, and shall be responsible for updating his data himself. Otherwise GridUp shall be entitled to withdraw from the contract immediately and to claim damages.
2.5 The Purchaser has the option to create a password-protected customer account free of charge (hereinafter referred to as "Customer Account"), in which the Purchaser's data will be stored under his user name for further orders and subsequent deliveries. The password may not be disclosed to third parties and must be kept inaccessible and secure for unauthorized persons. In the event of loss or disclosure, the Purchaser must immediately notify GridUp in writing. In the event of misuse, such as unauthorized use of the customer account, the Purchaser shall be responsible and liable in accordance with the statutory provisions. There is no entitlement to the approval of a customer account. Only persons with legal capacity are admitted for a customer account. We reserve the right to make the provision of certain services dependent on the establishment of a customer account.
3. CONTRACT TERM, TERMINATION AND INTERRUPTION
3.1 Our services comprise one-off deliveries (hereinafter "individual order") and regular recurring deliveries (hereinafter "subscription")
3.2 Single orders shall be deemed to be bindingly agreed and may not be cancelled.
3.3 Subscription contracts concluded in our online store are concluded for an indefinite period. Subscriptions are subject to a minimum term of one (1) month (30 days). If a subscription is concluded with a minimum term, cancellation is possible at the earliest at the end of the minimum term. Your right of cancellation remains unaffected.
3.4 Cancellation must be made either via the cancellation function in the customer account or in writing to email@example.com . The following notice periods apply, whereby the time of receipt of the notice by Gridup is decisive:
Cancellation received by GridUp no later than one (1) day prior to 11:59 p.m. of the next month will be effective the time period after next and subsequent time periods. Any amounts already paid for a subscription that is no longer available due to a valid cancellation will be refunded to you
3.5 GridUp reserves the right to terminate subscriptions with a notice period of five (5) days before the end of the time period in case of (i) incorrect or (ii) untimely self-delivery. This shall not apply if the incorrect or untimely self-delivery was culpably caused by GridUp. In the event of termination by GridUp in accordance with this clause 3.5, GridUp undertakes to inform you immediately of the non-availability and to refund your consideration without delay.
GridUp shall be liable to you for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
4.1 GridUp is liable without limitation, unless otherwise stated in the following provisions:
4.2 If GridUp negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are obligations which the contract imposes on GridUp according to its content in order to achieve the purpose of the contract, the fulfilment of which enables the proper performance of the contract in the first place and compliance with which you may regularly rely on.
4.3 GridUp shall not be liable in any other respect.
4.4 The above liability provisions shall also apply with regard to the liability of GridUp for its vicarious agents and legal representatives.
5. RIGHT OF REVOCATION AND CANCELLATION POLICY
5.1 For subscriptions: You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the first goods.
5.2 To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample cancellation form, which is not mandatory.
Sample cancellation form
If you want to cancel the contract, please fill out this form and send it to:
By mail: GridUp, YVORI AG, Kirchweg 40, 8102 Oberengstringen, Switzerland
By e-mail: firstname.lastname@example.org
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
(*) Delete where not applicable.
End of cancellation form
5.3 Consequences of revocation:
- If you revoke this contract, we shall reimburse you all payments we have received from you, without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no case will you be charged for this repayment.
5.4 Exclusion or premature expiration of the right of withdrawal: The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. The right of withdrawal expires prematurely for contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
6. SEVERABILITY CLAUSE AND RESERVATION OF RIGHT OF AMENDMENT
6.1 Should individual provisions of these GTC be invalid or incomplete or should performance become impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision by a permissible valid provision which, according to its content, comes as close as possible to the original intention and the economic purpose pursued thereby.
6.2 All amendments or additions to these GTC must be made in writing. This also applies to an amendment of the written form requirement. As soon as you use our services after the change, you implicitly agree to the new GTC. The respective binding version of the GTC can be viewed and printed out at www.gridup.io/terms-and-conditions/.
6.3 Other contractual terms and conditions of you, namely also those which you declare to be applicable together with the acceptance of the contract, shall not become part of the contract. They shall only be valid if and insofar as they have been expressly accepted by us in writing.
7. APPLICABLE LAW
7.1 The contractual relationship between ordering person and GridUp shall be governed by the law of the consumer's habitual residence, excluding the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG).
7.2 The place of jurisdiction for all legal disputes is Dietikon, Switzerland.