EN Allgemeine Geschäftsbedingungen

2.1 Creation of a user account (registration)

*The use of the App is only recommended from the age of 14.*

Registration is free of charge without any obligation to make a purchase.

Upon completion of the registration process, a user contract is concluded between you and Valora. The user account will be activated immediately.

Valora has the right to block your user account in the event of a breach of these terms of use.

2.2 Necessary user information
To create a user account, please provide the following information:

• a valid e-mail address
• a valid mobile telephone number

2.3 Verification and accuracy of the information provided
The user must provide all data requested during registration completely and truthfully. During the period of use the data must be kept up to date. Registration under a pseudonym is not permitted and may lead to the user account being deactivated.

We will check your input as follows:

• You will receive an SMS asking you to confirm that the specified mobile phone number is correct and belongs to you.

3.1 Access to the POS and Check-In POS with staff: You can enter the POS with conventional cash register checkouts whenever the staff is present, as usual.

• If you want to shop through the App, you will still have to check in. To activate the self-checkout function in the App, please scan the QR code at the check-in point. This requires that the App has access to the camera function of the smartphone. The check-in point is located near the entrance door, either outside or inside the point of sale.
   
• Automated POS: the following applies to POS in so-called “automated” mode where purchases can only be made using self-checkout (avec box, as well as all participating POS outside of the staffed hours):
  • Only registered users with a user account that has not been blocked and a valid means of payment with sufficient coverage are able to open the door and shop.
  • To enter the point of sale, please open the App and scan the QR code on the check-in point or on the display next to the door. This requires that the App has access to the camera function of the smartphone.
  • Some of our points of sale are equipped with TWINT, i.e. they can be accessed by scanning the QR code at the check-in point with the TWINT app.
  • As soon as the door opens, you are checked in and can start shopping.
     
• Automated Vending Machines: For vending machines in which purchases can be made exclusively by means of self-checkout (avec mini), the following applies:
  • Opening the door of the vending machine and making purchases is only possible for registered users with an unblocked user account and a covered, valid means of payment.
  • To open the door, open the App and scan the QR code on the vending machine. This requires that the App has access to the camera function of the smartphone.
  • As soon as the door opens, you are checked in and can start shopping.

3.2 Adding products to the digital shopping cart
After successful check-in (item 3.1), your digital shopping cart automatically opens. To add a product to your digital shopping cart, scan the barcode on the product packaging or on the product's price tag.

Scanning problems: If a problem is not scannable or an error occurs during scanning, you can report the fault via the chat function within the App or by e-mail to app@avec.ch.

Important information: Products that cannot be properly scanned cannot be paid for, either. It is prohibited to remove such products from the Point of Sale.

3.3 How to cancel products
It is generally possible within the App to cancel products that have been scanned. Tobacco products are excluded from this and cannot be cancelled (see item 3.5).

3.4 Contact with you if the shopping cart is inactive
If the shopping cart is inactive for 15 minutes (no scans or deletion of products, no payment process), our customer service may contact you. This is usually done by SMS. If we are unable to contact you, we reserve the right to check video recordings taken in the customer space by our CCTV system for possible theft (see item 4).

3.5 Particularities of purchasing certain products

• Tobacco: At an automated POS, tobacco products can only be purchased from the tobacco machine (where available): You must be at least 18 years of age to buy tobacco. The ordering process depends on the type of tobacco machine installed in the POS:
  • Tobacco machines with QR code on the display unit: scan the QR code on the tobacco machine’s display unit. Continuing the purchasing process requires a one-time registration of the ID card on the tobacco machine with QR code on the display unit. Select your tobacco product and confirm the choice on the display unit. The tobacco product will then be dispensed and automatically added to the digital shopping cart. Tobacco products in the shopping cart are non-returnable and must be paid for before leaving the POS. Your age will be checked automatically against the age you entered in the App. These tobacco machines can be used to purchase a maximum of 2 tobacco products per shopping cart.
  • Tobacco machines without QR code on the display unit: the purchasing process for tobacco machines without display unit works independently of the avec 24/7 App as a separate process. To purchase tobacco, the ID card must first be swiped through the ID reader. Then the desired tobacco product is selected on the vending machine by pressing the button in question. Finally, cashless payment is made with Twint, debit or credit card.
     
• Coffee: select your desired beverage on the coffee machine. Scan the barcode of the chosen product on the coffee price table in order to add the product to your digital shopping cart.
   
• Promotions/offers/discounts: promotions (e.g. 2-for-1 sales) or offers and other discounts (e.g. 50% discount) can be registered manually in the App. Please make sure that you only apply the discount as shown on the product. Products without a discount sticker must be purchased at the regular price.
   
• Sale of alcohol: No alcoholic beverages may be purchased if the POS is in automated mode (or unstaffed). During staffed hours, you can buy alcoholic beverages via self-checkout by
  • selecting your product and scanning the barcode on the product/price tag,
  • following the instructions on the App and approaching the employee who will carry out an age check, and
  • scanning the QR code that the employee gives to you.
     
• Self-checkout cannot be used to buy the following: lottery tickets/lotto, prepaid cards or other products that are dispensed by the cashiers.

3.6 Paying for the purchase and leaving the point of sale
The basic principle is: your shopping cart must have been completed before you leave the point of sale, i.e. all items in the art must either be paid or cancelled.

Before leaving the POS, make sure that you have completed the payment process in the App for all the products you scanned and want to take away.
By making payment, you confirm that all the products you have selected have been registered completely and correctly in the App. When you leave the point of sale, you can only take with you the products that you have paid for (for the only exception see item 3.8).
After successful payment, a receipt will be e-mailed to your specified e-mail address. You can view your purchase history at any time in your user account in the App.

3.7 Blocking the user account
Make sure that your digital shopping cart is empty when you leave the point of sale (or that all products have been paid for or cancelled), otherwise your user account may be blocked and leaving with products may be prosecuted as theft.

3.8 Malfunctioning mobile phone
If you are unable to complete the transaction because your mobile phone malfunctions during the purchasing process (e.g. because your battery is dead), you are generally not allowed to leave with any products. The only exception to this is if there are non-returnable products in accordance with item 3.5 in your digital shopping card. These products may be taken away on condition that they are paid for as soon as possible. For this purpose, the user is obliged to contact customer service (see item 5.3) immediately. If no payment is made and no contact is made, Valora reserves the right to prosecute the case as theft.

Exclusively for products in the avec The Kitchen range, customers can pre-order their purchases at order.thekitchen.avec.ch for collection from a participating point of sale. Users also have the option of accessing the Kitchen Click & Collect Shop through the App. In The Kitchen Click & Collect Shop, customers can select the desired products, pick-up time, point of sale and payment method. A Click & Collect pre-order cannot be paid for at the point of sale. A valid e-mail address must be provided in order to receive the order confirmation. After the payment is completed, the customer will receive an order confirmation by e-mail.

Leaving the point of sale with unpaid products (except in the case mentioned in item 3.8) constitutes theft. Valora reserves the right

• to report any criminal offence (e.g. theft, fraud, vandalism) to the police,
• to charge a flat-rate handling fee of CHF 150 per incident and
• to claim additional damages, where necessary.

Important note: surveillance cameras have been installed in all participating points of sale. In the event of suspicion, Valora can and will check the recordings for theft, fraud or other matters that might have consequences under criminal law. Evidence is secured and stored for as long as is necessary for Valora to assert its rights.

In the event of theft, Valora has the right to debit the sale price of the goods shown to have been stolen plus the flat-rate handling fee of CHF 150 per incident from the means of payment stored in the App. The same applies to cases of fraud (e.g. misuse of discounts on non-discounted goods, see item 3.5).

In the event of a debit initiated by Valora in accordance with this item, the customer will receive an automated confirmation by SMS and/or e-mail of the debit made. Should a debit initiated by Valora (for whatever reason) not be possible, Valora reserves the right to take legal action to recover the handling fee and any damages.

Valora also reserves the right to conduct spot checks at the POS to make sure the products carried out match the user's purchasing history.

Valora reserves the right to file a police report on every theft or other criminal offence (e.g., vandalism) and to charge a flat-rate processing fee of CHF 150 per offence. Valora expressly reserves the right to claim further compensation in damages.

5.1 Medical emergencies

If a medical emergency of any kind appears in any of the Points of Sale, please call the emergency number 144 immediately.

5.2 Dangerous situations
The emergency button at the Points of Sale is intended for dangerous situations. Misuse of the emergency button will be prosecuted and a flat rate handling fee of CHF 150 will be charged.

5.3 avec App customer service
If problems and malfunctions appear in the App, please contact customer service via the chat function in the App.

Alternatively, you can contact us by e-mail to the following e-mail address: app@avec.ch or by post to: Valora Schweiz AG, z.H. Innendienst, Hofackerstrasse 40, 4132 Muttenz, Switzerland

6.1 Rights of use

Providing that you accept these Terms of Use and comply fully and permanently therewith, Valora hereby grants you a non-exclusive, non-transferrable and non-sublicensable right to use the App for your personal, non-commercial purposes.

Valora (and its licensors, if any) reserve the property rights to all trademarks, copyrighted materials and other intellectual property rights in the App design, texts, graphics, sound/music, data, information, logos, software codes and other materials. You hereby acknowledge that you have no rights to the App or to such materials other than the right to use this App in accordance with these Terms of Use.

It is prohibited to make any copies of the App or transfer rights to the App to third parties in any way. Neither the content of the App nor the underlying material may be modified, changed, adjusted, disassembled, decrypted, decompiled, re-developed, corrected or altered in any other way. You hereby acknowledge that installing the App does not entitle you to any long-term rights.

This license and your resulting rights and obligations may be assigned by Valora at any time to a related entity or third party or otherwise disposed of at Valora's discretion.

6.2 Availability of the App
The App is made available free of charge “as is”. The App is available exclusively from the Swiss App Store and/or Google Play Store. You will be liable for any costs arising from the installation and use of the App by possible third parties, especially telephony and App Store providers. When downloading and using the App, besides the present Terms of Use, additional terms and conditions of use may be applicable, for which Valora is not responsible.

Valora aims to provide the highest possible rate of uninterrupted availability of the App services. Nevertheless, Valora does not guarantee uninterrupted service, the availability of the service at a certain time or the completeness and accuracy of the App's content. Access to the network and the Internet is therefore beyond Valora's control and responsibility. You may occasionally be unable to access your network or the internet as a result of technical malfunctions in the service or network of your mobile telephony or internet provider.

Valora may temporarily or permanently suspend, limit or modify this App's functionalities in whole or in part, at any time, without giving any reasons. Valora may shut down the App from time to time, particularly for support, maintenance or updating purposes.

In case of updating, you will be asked to accept and download the relevant updates. If you fail to download the update, the App may become wholly or partially unusable.

6.3 Liability
To the extent permitted by law, Valora hereby disclaims all liability for losses suffered by you or by third parties in connection with using this App, the suspension, interruption or unavailability of the App, and any damage or modification of your terminal device that may result from installing or using this App.

Valora may change these Terms of Use at any time. Such changes will take effect upon acceptance by the user in the context of an update of the App or otherwise or upon continued use of the App after being notified of the relevant changes.

These Terms of Use are governed by Swiss substantive law.

Jurisdiction over all disputes between Valora and the user is hereby assigned exclusively to the competent courts of the user's domicile or (at the option of the user in the case of actions against Valora) Valora's registered office.