1.1 Valora Schweiz AG („Valora“, „we“) operates various retail formats. This app refers exclusively to the "avec" format (excl. avec gas station stores) and can only be used for purchases at cash registers operated by sales staff at an avec point of sale. Unlike the avec 24/7-app, this app cannot be used for purchases in an avec box, in a 24/7 shopping, avec vending machines (e.g. avec mini) or at self-checkout points in avec stores. The avec 24/7-app is the only app available to the user for purchases at avec points of sale that are not staffed by sales personnel.
1.2 The use of this app requires the user’s consent to these terms of use.

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 and does not constitute a purchase obligation. Once the user has completed the registration process, a user contract is concluded between Valora and the user, and the user account is immediately activated.
Valora has the right to block the user account in the event of a breach of these terms of use.

2.2 Required user information
It is possible to create a user account by providing the following information:

• The current personal information (first and last name, date of birth, gender)  
• A valid mobile phone number

2.3 Verification and Accuracy of Information
When registering, the user must provide all requested data completely and truthfully and keep the data up to date during the period of use. Registration under a pseudonym is not permitted.
During the registration process, the information provided will be verified as follows:

• The validity of the mobile phone number and its affiliation with the user is confirmed by SMS verification.

3.1 General
The user is only entitled to participate for purchases made by him/herself at a checkout operated by sales staff at an avec sales outlet in accordance with the following provisions. The user is explicitly prohibited from registering the purchases of other users in his app as his own purchases or having them registered by the sales staff.

3.2 Loyalty Programs and Payment Linked Loyalty
The user can participate in the following loyalty programmes (loyalty points, stamp cards) by using the app. Participation occurs either by showing a QR code or by paying directly with a means of payment stored in our Payment Linked Loyalty programme. You can find more information on the various benefit programmes in the following paragraphs.
Our Payment Linked Loyalty programme (hereinafter “PLL”) allows you to collect loyalty points, stamps and other benefits without having to open your app and show the QR code. All you have to do is pay for your purchase with a means of payment stored in the app.
This is how it works:  If you make a purchase using a supported means of payment (currently: MasterCard, Visa, American Express, Maestro, PostFinance, Twint, VPay) at one of our points of sale locations and present your QR code at the checkout, you will be prompted by the app to link the means of payment you used to your customer account. Once you confirm your entry, the relevant means of payment is stored in the app until you choose to delete the means of payment or your customer account. Whenever you pay with the selected means of payment in the future, all benefits will automatically be credited to your customer account. You have the option to link multiple means of payment to your account.

3.3 Reward Points
Customers can collect points by showing the QR code of their digital customer card in the app at the checkout or by paying for their purchase with a stored means of payment.
The following applies:

• For every Swiss franc the customer buys for, the customer receives one point. Multiple points per Swiss franc can also be awarded for products in special promotions. Each purchase is rounded down to the full franc amount. Multiple purchases cannot be cumulated.
• Points have no direct money equivalent. They can be exchanged for the products in the App Reward Shop at the specified point value.
• Points that have not been redeemed automatically expire after 2 years.

Note: No points are awarded for games of chance (lottery, etc.), gift cards (all cards that can be charged with an amount, incl. Bitcoins), phone codes (incl. SIM cards) and financial products (prepaid cards, Paysafe, etc.).

3.4 Loyalty Stamp Cards
Stamp cards must be activated once by the customer so that stamps can be collected. Seasonal and special stamp cards must be activated upon publication or each season respectively.
All the stamps relevant to the purchase are awarded whenever customers present the QR code of their digital customer card in the app for a purchase and it is scanned by the sales staff. Alternatively, if customers choose to pay with a stored means of payment, presenting the QR code is not necessary.
Full stamp cards generate a coupon for a free product. The voucher can be redeemed or sometimes gifted to other persons.
Note: With seasonal stamp cards, incomplete stamp cards expire at the end of the season. For each purchased product, the customer will only receive stamps on a single loyalty stamp card, even if stamps could in principle be collected for the product on several loyalty stamp cards. Stamps are credited to the customer on the loyalty stamp card that offers the better conditions for the customer. If the customer wants to receive stamps on the loyalty stamp card that is mathematically less advantageous for him, he can (temporarily) deactivate the more advantageous stamp card in the app itself.

3.5 Sales Promotions
Within the framework of sales promotions, products are offered at particularly attractive conditions. Such sales promotions are limited in time and quantity. Valora reserves the right to make the redemption of sales promotion coupons subject to the fulfilment of certain conditions together with the respective promotion.
Coupons must be activated by the customers each time. When customers present the QR code of their digital customer card in the app for their purchases or pay with a stored means of payment, all activated coupons
relevant to the purchase are redeemed; please note that customers may only redeem one coupon for each product. Using multiple coupons for a sold product is not allowed. If a coupon is activated for a specific product, the customer will not receive any stamps on his stamp card for the same product.

3.6 Sweepstakes
In this App there are recurring sweepstakes promotions where our users can win a prize with a little luck. All registered App users are eligible to participate, regardless of whether or not they shop at a point of sale. How often each user can participate in a sweepstakes is determined and communicated separately for each sweepstakes. The likelihood of winning may vary depending on the promotion, but it is the same for all entries within a particular sweepstakes.
The presentation of a sweepstakes can be simplified and is therefore no indication of the probability of winning. Valora determines the prizes for each individual promotion, and they can be designed to be flexible. Tendered prizes can be product vouchers / coupons, price discounts (in form of a percentage or a specified amount), or extra stamps for loyalty stamp cards in the App (non-exhaustive list). Depending on the promotion, prizes can be of different monetary value.
A cash payment of the prize as well as the exchange of a won prize for another prize is not possible. There is no entitlement to the execution of the promotion during the entire promotion period. Legal recourse is excluded.
We can also make references within the App to sweepstakes which are carried out outside of this App by providing links to these sweepstakes. The participation in such sweepstakes is subject to the special conditions of participation of the respective sweepstakes.

3.7 Offers related to Tobacco and Alcohol Products
The sale of age-restricted goods, such as tobacco and alcoholic beverages, to young people under the age of 18 or 16 respectively is prohibited. Our offers in this regard are therefore exclusively aimed at App users aged 18 (or 16 respectively) and over. For tobacco offers the customer has to activate them, an activation is only permitted for smokers.

3.8 Vouchers
a) General
Valora can provide different vouchers in the App. Vouchers are not paid in cash and are only valid for the products named on the voucher and for the specified duration. Vouchers can only be redeemed once. Redemption is subject to the requirements and special terms and conditions stated on the voucher in question.

b) Vouchers for Existing Users
Valora may store vouchers for existing users in the user’s respective account within the App. Such vouchers may not be given away by the user as a gift, they are non-transferable and can only be redeemed once. The user can redeem the voucher in the App by activating the code. Redemption is also subject to the special terms and conditions stated on the voucher.

c) Sending Invitations to Friends
Users can invite their friends to use the App by sending them a link or an alphanumeric code for a voucher (e.g. a referral coffee) via a messenger service outside of the App.
If the user wishes to use this referral function, he/she is required to inform the recipient in advance so that the friend can object to the sending of the link and/or the code.
Only those friends of the user can redeem the referral gift whose mobile phone number is not already linked to an existing profile in the App or who have been registered users of the App for less than 14 days and have not yet redeemed a voucher for a referral coffee. The recipient may not give away the voucher for a referral coffee as a gift, and it can only be redeemed once.
After a successful referral, both the user and the recipient will receive a referral voucher in the App.

d) Sending Vouchers to Friends
In addition, users can give certain vouchers, which are labelled to that effect, to their friends by sending them a link or an alphanumeric code for a voucher via a messenger service outside of the App. The recipient can redeem the voucher exclusively by using the App at the point of sale. If the recipient does not yet have a user account in the App, he/she must first create a user account in order to redeem the voucher. By sending the link or the code via the messenger service, the gift is deemed to be completed and the user cannot revoke the gift of the voucher.
If the user wishes to send the voucher to a person, the user must inform the recipient in advance so that he/she can object to the sending.

Valora hereby grants the user a non-exclusive, non-transferable, and non-sublicensable right to use the App for private purposes, provided that the user has accepted these terms of use and complies with them permanently and in full.
We (or our licensors) reserve ownership of all trademarks, copyrights materials, and other intellectual property rights in the App design, text, images, sounds/music, data, information, logos, software codes, and other materials. ¨The user acknowledges that he/she has no rights in the App or such materials, except the right to use this App in accordance with these terms of use.
You may not make copies of the App or transfer any rights in the App to any third party in any way. Neither the content of the App nor the material on which it is based may be modified, adapted, disassembled, decoded, decompiled, reverse engineered, corrected or altered in any way.
Valora may, at its sole discretion, transfer or otherwise dispose of the license or the rights and obligations it entails at any time to any affiliated company or third party.

Insofar as content published by the user within the App (e.g. ratings) enjoys copyright protection, the user grants Valora all rights of use to the content required by Valora for publication and dissemination of the content. These rights of use are unlimited in terms of time, space and content and irrevocably entitle Valora to transfer the content and rights of use to third parties. The rights of use granted include, in particular, the right of reproduction, the right of modification, the right of distribution as well as the right of public reproduction and making available to the public. The user warrants to be able to dispose of the aforementioned rights in the manner described and waives the right to the naming of the author.

The App is provided free of charge and 'as is'. The App is available in the Swiss Apple App Store or Google Play Store. If costs arise for the installation and use of the App by third parties, in particular mobile phone and app store providers, such costs are to be borne by the user himself. When downloading and using the App, additional terms and conditions of the App Store provider may apply in addition to these Terms of Use, and Valora is not responsible for such other terms and conditions.
Valora is committed to ensuring the highest possible level of uninterrupted availability of App services. However, Valora does not guarantee that the service will be uninterrupted, that it will be available at a specific time, or that the content of the App will be complete and accurate. Access to the network and the internet is beyond Valora's control and responsibility.
Valora may, at any time and for any reason, disable, restrict or modify the functionality of this App, in whole or in part, temporarily or permanently, or maintain or update the App.
In the event of updates, the user is requested to download and install the update. If the update is not performed, this App may no longer be usable, or may be usable only in a limited manner.

7.1 Liability
To the extent permitted by law, Valora shall not be liable for any damage incurred by the user or a third party in connection with the use of the App, for the suspension, interruption or unavailability of the App, or for any damage to or alteration of the user’s terminal equipment as a result of the installation or use of this App.

7.2 Termination
Either party may terminate these terms of use at any time with immediate effect. After termination of these terms of use, regardless of the legal reason and by which party, the user cannot assert any claims arising from the App (e.g. vouchers not redeemed, points credited).

7.3 Modification of the Terms of Use
Valora may change these terms of use at any time. Changes shall become effective if the user accepts them as part of an update or in any other form or continues to use the App after having been informed of the changes.

7.4 Applicable Law and Jurisdiction
These terms of use are subject to Swiss substantive law. The exclusive place of jurisdiction for all disputes arising between Valora and the user shall be Basel-City, Switzerland.

7.5 Questions and Support
If you have any questions about the App, please send an e-mail to app@avec.ch.

1.1 Valora Schweiz AG (“Valora” or “We”) operates various retail formats in Switzerland.

This App refers exclusively to the “avec” format. It allows users to check in, scan and pay for products at the following avec points of sale:

• avec box
• avec 24/7
• avec points of sale with mobile self-checkout feature (check-in sticker)
• avec vending machines

1.2  The use of this App requires the user's consent to these terms of use.

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.