Article 1 – Subject
These Terms and Conditions (T&Cs) govern the contractual relationship between Yona System (hereinafter "the Seller") and any professional or private individual (hereinafter "the Client") wishing to purchase the products and services offered by the Seller, namely: POS software, POS hardware, training and technical support.
Article 2 – Seller Identification
Yona System
Chemin des Sports 10
1203 Geneva — Switzerland
Email: contact@yona-system.ch
Phone: +41 22 519 74 60
IDE number: pending registration
VAT: not liable
Article 3 – Acceptance of Terms
Any order implies unconditional acceptance of these T&Cs, which take precedence over any other document of the Client. The Client acknowledges having read these T&Cs and accepted them before placing an order.
Article 4 – Products and Services
The Seller offers the following products and services:
- Usage licence for the Yona System POS software
- Sale of POS hardware (terminals, printers, scanners)
- Installation and commissioning
- Staff training
- Technical support and maintenance
- Software updates
Products and services are described as accurately as possible. The Seller reserves the right to modify technical specifications without prior notice.
Article 5 – Orders
Orders may be placed:
- By phone
- By email
- Via the website contact form
- In a direct appointment
Every order is subject to a detailed quote. An order is only confirmed after the quote is signed and the deposit paid where applicable.
Article 6 – Pricing
Prices are quoted:
- In Swiss francs (CHF) for clients in Switzerland
- In euros (€) for clients in France
- Excluding tax (excl. VAT) and including tax (incl. VAT)
Prices may be revised at any time, but goods will be invoiced at the rates in force at the time the order is registered.
Pricing may or may not include (depending on the chosen offer):
- The software licence
- Installation
- Training
- Technical support
Article 7 – Payment Terms
Payment for orders is made:
- By bank transfer
- By credit card
- By cheque (subject to conditions)
- In cash (within legal limits)
Payment schedule:
- 30% deposit upon ordering
- 70% before delivery or commissioning
For monthly subscriptions: payment at the start of each month by direct debit or bank transfer.
Article 8 – Delivery and Installation Lead Times
Delivery times are indicative and stated in the quote. The Seller endeavours to meet the announced deadlines but shall not be held liable for delivery delays caused by circumstances beyond its control.
Indicative lead times:
- Software licence: immediate (sent by email)
- Hardware: 7 to 14 business days
- Installation: by appointment within 15 days of hardware receipt
Article 9 – Delivery
Delivery is made:
- To the address specified by the Client on the order form
- By carrier or handed over in person as applicable
The Client must inspect the products upon receipt. Any anomaly (damage, missing item, damaged parcel) must be reported to the carrier AND the Seller within 48 hours of delivery.
Article 10 – Right of Withdrawal
For business clients (B2B): Contracts between businesses carry no right of withdrawal under Swiss law. The commitment is firm upon acceptance of the quote.
For private clients (B2C): Swiss law (Code of Obligations) does not provide a general withdrawal period for distance purchases. However, Yona System grants, as a commercial gesture, a 7-day period from delivery for physical products, excluding activated software licences.
Article 11 – Warranty
Legal warranty: All products benefit from the legal warranty of conformity and the warranty against hidden defects.
Commercial warranty:
- Hardware: manufacturer's warranty of 1 to 3 years depending on the product
- Software: updates included for the duration of the subscription
- Technical support: included according to the chosen plan
The warranty does not cover:
- Normal wear and tear
- Damage resulting from misuse
- Unauthorised modifications to the software, its source code or database
- Any manipulation, alteration or unauthorised access attempt to the software code or database
- Damage caused by the Client or a third party acting without the Seller's authorisation
- Malfunctions resulting from the use of modified or pirated versions of the software
Article 12 – Software Licence
The Client acquires a non-exclusive, non-transferable usage licence for the Yona System software. This licence permits:
- Installation on the agreed number of terminals
- Use within the Client's professional business activity
- Updates included during the subscription period
It is strictly prohibited to:
- Copy, modify or distribute the software
- Carry out reverse engineering
- Rent or lend the licence to a third party
- Modify, alter or attempt to access the software's source code
- Manipulate, modify or directly access the software's database outside the intended interfaces
- Disable or circumvent the software's security mechanisms
Any breach of these prohibitions will result in immediate termination of the licence without refund and may lead to legal proceedings.
Article 13 – Support and Maintenance
Technical support is available as follows:
- Email: response within 24 business hours
- Phone: Monday to Friday, 8am–12pm and 1pm–6:30pm
- On-site intervention: subject to a specific quote
Software updates are automatic and included in the subscription.
Article 14 – Data Protection
In accordance with the new Federal Act on Data Protection (nFADP, in force since 1 September 2023), the Client has the right of access, rectification, deletion and portability of their personal data.
The data collected is used solely for:
- Order management
- Invoicing
- Technical support
- Commercial communications (with consent)
To exercise these rights, contact: contact@yona-system.ch
Article 15 – Termination
For subscriptions:
- Minimum commitment: 12 months
- Termination: 1 month's notice before the renewal date, by registered letter or email
- After termination, the Client has 3 months to export and close their data. After this period, the POS data will be permanently deleted.
In the event of a serious breach of obligations, the Seller reserves the right to suspend or terminate the service without notice.
Article 16 – Liability
The Seller shall not be held liable for:
- Indirect damages resulting from the use of the software
- Data loss (backups are the Client's responsibility)
- Service interruptions beyond its control
- Incompatibility with hardware not supplied by the Seller
- Any manipulation, modification or alteration of the software's source code by the Client or a third party
- Any attempt to access, modify or manipulate the software's database
- Malfunctions, data loss or security issues resulting from unauthorised intervention on the software or its database
- Consequences of using modules, plugins or extensions not supplied or validated by the Seller
Any tampering with the integrity of the source code or database automatically voids the warranty and releases the Seller from all liability regarding the functioning of the software.
In any event, the Seller's liability is limited to the amount paid by the Client.
Article 17 – Force Majeure
The Seller shall not be held liable for any delay or non-performance resulting from the occurrence of a force majeure event within the meaning of Article 119 of the Swiss Code of Obligations (CO).
Article 18 – Intellectual Property
All elements of the Yona System software (code, interface, documentation) are and remain the exclusive property of the Seller. Any unauthorised reproduction, representation or use constitutes an infringement.
Article 19 – Governing Law and Jurisdiction
These T&Cs are governed by Swiss law, in particular the Code of Obligations (CO). In the event of a dispute, the courts of the canton of Geneva shall have sole jurisdiction, subject to mandatory provisions applicable at the Client's place of domicile.
Article 20 – Amicable Settlement
In the event of a dispute, the parties undertake to seek an amicable solution before taking legal action. The Client may contact the Seller by email at contact@yona-system.ch. If no agreement is reached within 30 days, the parties may refer the matter to the competent courts.
Article 21 – Severability
If one or more provisions of these T&Cs are held to be invalid or declared as such, the remaining provisions shall retain their full force and effect.
Article 22 – Language
In the event of any inconsistency between a translated version and the French version, the French version shall prevail.
Yona System reserves the right to modify these T&Cs at any time. Any modification takes effect upon publication on this site. Clients with an active contract will be informed by email of any substantial changes. Continued use of the service after notification constitutes acceptance of the new terms.
For any questions: contact@yona-system.ch · +41 22 519 74 60 · contact form