Terms of use of the «avec Bonus App» («App»)

1 GENERAL

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 REGISTRATION

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 OFFERS WITHIN THE APP

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
By using the App, the user can participate in the loyalty programs described below (e.g. loyalty stamp cards). Participation offers the user the advantages described in each case for the products purchased by him/herself when shopping at avec points of sale.

3.3 Reward Points
Customers can collect points each time for the products they purchase themself by showing the QR code of their digital customer card in the App at the checkout. When the sales staff scans the QR code, points are automatically credited to the customer's account.
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.
If the customer presents the QR code of his digital customer card in the App for the products he has purchased himself and the code is scanned by the sales staff, all stamps relevant for the purchase are assigned.
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 customer in each case. If the customer shows the QR code of his digital customer card in the app when making a purchase and this code is scanned by the sales staff, all the coupons relevant to the purchase and activated for the purchase will be redeemed, whereby the customer may only redeem one coupon for each product. Accumulation of multiple coupons for a sold product is not permitted. 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 Sending Invitations to Friends
Users can invite their friends to use the App by sending them an App link via SMS. Invitations can only be delivered to people whose mobile phone number is not already linked to an existing profile. If the user wishes to use this recommendation function, he/she is required to inform the recipient in advance so that the friend can object to the sending of the recommendation SMS.

3.9 Sending Vouchers to Friends
Valora as well as users can send vouchers (e.g. welcome vouchers, vouchers to invite friends or vouchers to friends) within the App. In each case, will be communicated separately.
Such a voucher will be deposited in the user account of the recipient of the voucher. Vouchers can be redeemed by way of activation.
Some vouchers can also be sent to persons who do not have a user account themselves. Such a gift to persons outside the App can be made made by sending a QR code by SMS. The recipient can redeem the QR code at a participating point of sale without registering in this App.
If the user wishes to send the voucher to a person without a user account, he/she must inform the recipient in advance so that he/she can object to the sending of the voucher SMS.
Vouchers are not paid in cash and are only valid for the products named on the voucher and for the specified duration.

4 RIGHTS OF USE WITH REGARD TO THE APP AND ITS CONTENTS

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.

5 PUBLICATION OF OWN CONTENTS BY USERS

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.

6 PROVISION OF THE APP

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 OTHER PROVISIONS

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.

Last updated December 2021

Terms of use of the «avec 24/7-app» (hereinafter "App")

1 GENERAL INFORMATION

1.1 Scope of Application
Valora Schweiz AG, Hofackerstrasse 40, 4312 Muttenz (“Valora”) operates various retail formats, including the avec brand.

These Terms of Use apply to your use of this App. All rights and obligations related to using the App apply exclusively to the relationship between You and Valora.

1.2 Self-checkout at participating Points of Sale
You can use the App's self-checkout feature to scan products and pay for them yourself at the following Points of Sale (also referred to as “POS”):

  • At avec Points of Sale without a conventional cash register system, the App's self-checkout feature is the only way to make purchases (e.g. avec box)
  • In avec Points of Sale where you can shop with both conventional cash registers and the App's self-checkout feature. At such Point of Sale, self-checkout is still the only way to make purchases during staffless hours (e.g., at night or on Sundays).
  • avec vending machines without a conventional cash register system, in which purchases can be made exclusively via self-checkout using this app (avec mini)

1.3 Prerequisites
To be able to shop using self-checkout, you need to download and install the App on your mobile phone and then register yourself in the App. Registration is free of charge without any obligation to make a purchase.

Users must be at least 16 years of age to register.

Your user account may be blocked if you violate these Terms of Use.

1.4 Accompanying persons and companion dogs
Registered users may take accompanying persons with them into staffless Points of Sale (even at staffless hours). Please note that you are responsible for ensuring that the persons accompanying you behave properly at the point of sale.

In addition, you may take an assistance/companion dog (e.g., seeing-eye dog) into the point of sale with you. No other animals are permitted in the Points of Sale.

2 REGISTRATION

2.1 Necessary user information
To create a user account, we need the following information from you:

  • First and last name
  • a valid mobile telephone number
  • a valid e-mail address
  • a valid means of payment (either through manual input or by scanning your means of payment)

2.2 Scanning your ID card or travel document to purchase age-restricted products

  • For the purchase of age-restricted products, we require a valid ID document for the age check, which you can record by scanning your ID or travel document in the app: First and last name, date of birth, number and expiry date of the ID or travel document and nationality are recorded.
  • If you have an identity document (“ID”) with a Machine Readable Zone (MRZ), you can enter your information by scanning in the code on the back of your ID. To that purpose, you need to grant the App access to your mobile phone's camera function.
  • If your ID does not have an MRZ, you can e-mail your mobile phone number and photos of the front and back of your ID to app@avec.ch. The verification and activation will be performed by Valora manually and may take a few days.

2.3 Verification and accuracy of the information provided
It goes without saying that all the information requested during registration must be entered completely and truthfully.

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.
  • The validity and credit limit of your means of payment will be verified by your payment service. Note: You will be held fully liable for any unauthorized use of the means of payment you have specified.
  • The validity of the ID document and the age of the user for the purchase of age-restricted products pursuant to section 2.2 are checked automatically in the system (when the ID document is scanned) or manually by Valora (when the ID document is sent in).

3 Shopping

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. To activate the self-checkout function in the App, you need to scan the QR code at the check-in point. 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 (formats avec box, as well as all participating POS outside of the staffed hours):

  • To open the door and shop in the POS, you need to be a registered user with a user account that has not been blocked and a valid means of payment with sufficient coverage.
  • To enter the POS, open the App and scan the QR code on the display unit next to the door, which requires granting the App access to your mobile phone's camera function. As soon as the door opens, you will be checked in automatically 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 vending machine 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 automatically checked in and can shop.

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, simply scan the barcode on the product itself or on the product's price tag.

Scanning problems: If a product is not-scannable or an error occurs during scanning, you can call our avec App Hotline (item 5.3) or send an e-mail to app@avec.ch to report the malfunction. 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
In general, you can still cancel the purchase of scanned products in your digital shopping cart, excluding tobacco products and coffee products from coffee machines with a QR code on the display unit (item 3.5), which cannot be cancelled.

3.4 Automatic deactivation of shopping cart
The scanning function is disabled automatically whenever the App remains idle for 30 minutes. No new products can be added after that, so you either have to cancel or pay for the products already in your digital shopping cart. At that point, it is necessary to successfully complete the purchase of the products in your shopping cart before you can check in again at the check-in point in order to scan more products.

3.5 Particularities of purchasing specific products

  • Tobacco: At an automated POS, tobacco products can only be purchased from the tobacco machine (where available):
    • Scan the QR code on the tobacco machine.
    • Select your tobacco product and confirm your choice on the vending machine's display unit.
    • The tobacco product will then be dispensed and automatically added to your digital shopping cart.
    • Tobacco products cannot be cancelled and must be paid for before you leave the POS.
    • You must be at least 18 years of age to buy tobacco. Your age will be checked automatically against the age you entered in the App.
    • Tobacco machines can be used to purchase a maximum of 2 tobacco products per shopping cart.
  • Coffee: beverages can only be purchased from the coffee machines one at a time. The ordering process depends on the type of coffee machine installed in the POS:
    • Coffee machines having a QR code on the display unit: Scan the QR code on the coffee machine's display unit. Select your desired beverage and confirm the choice on the display unit. Once confirmed, the product will be added to your digital shopping cart automatically and can no longer be cancelled.
    • Coffee machines without a QR code on the display unit: Select the 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. You may cancel the purchase so long as the product has not been dispensed yet.
  • Promotions/activities/discounts: special offers (e.g. 2-for-1 sales) or other promotions and discounts (e.g. 50% discount) cannot be registered in the App. You will be charged the original product price displayed in the digital shopping cart after the product is scanned, without the special offer/promotion. Promotions/special offers are only available on products purchased during staffed hours at a POS featuring an ordinary cash register at check-out.
  • Sale of alcohol: No alcoholic beverages may be purchased if the POS is in automated mode (or unstaffed). During staffed hours, you can use Self-Checkout to buy alcoholic beverages:
    • Select your product and scan the barcode on the product or price tag.
    • Follow the instructions on the App and have an employee check your age.
    • Scan the QR code that the employee gives to you.
  • Self-checkout cannot be used to buy the following: newspapers and magazines, 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
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 or close the vending machine in the case of avec mini, you can only take with you the products that you have paid for.

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 your user account
Make sure that your digital shopping cart is empty when you leave the POS, or else your user account will be blocked automatically. In other words, you must either pay for or cancel all the products in your cart because you will need an empty shopping cart in order to check into a POS. Cancellation is not possible for tobacco and coffee (item 3.5), i.e. such products must be paid for.

3.8 Malfunction of your 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 is if your digital shopping cart contains the non-cancellable products mentioned in item 3.5 (tobacco or coffee), which you may take with you but are required to pay for as soon as possible (or after you turn your mobile phone back on). All other products must be subsequently cancelled in order to unblock your user account.

4 MISUSE AND THEFT

Leaving the point of sale with unpaid products (except in the case mentioned in item 3.8) constitutes theft and is subject to criminal prosecution.

The Points of Sale are under video surveillance for monitoring purposes. 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 will file a police report on every theft or other criminal offence (e.g., vandalism) and charge a flat-rate processing fee of CHF 150 per offence. Valora expressly reserves the right to claim further compensation in damages.

5 CONTACTS FOR SPECIAL SITUATIONS, PROBLEMS AND TECHNICAL MALFUNCTIONS

If problems and malfunctions appear in the App, please call the App Hotline indicated under item 5.3 to report the matter.

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 an expense indemnity of CHF 150 will be charged.

5.3 avec App Hotline
If you have any questions or concerns, please do not hesitate to call the avec App Hotline at +41 (0) 61 467 2255, send an e-mail to app@avec.ch or mail a letter to Valora Schweiz AG, at the following address: Innendienst, Hofackerstrasse 40, 4132 Muttenz, Switzerland

6 RULES ON USE OF THE APP

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.

7 CHANGES TO THESE TERMS OF USE

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.

8 GOVERNING LAW AND JURISDICTION

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.

February 2022