Article 1 – Purpose
These Terms and Conditions (T&Cs) govern the contractual relationship between Yona System (hereinafter “the Seller”) and any professional or 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
UID : pending
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 and accepted these T&Cs before placing an order.
Article 4 – Products and Services
The Seller offers the following products and services :
- Licence to use the Yona System POS software
- Sale of POS hardware (terminals, printers, readers)
- 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 notice.
Article 5 – Orders
Orders may be placed :
- By phone
- By email
- Via the site contact form
- In a direct meeting
Every order is subject to a detailed quote. An order is only final after signature of the quote and payment of a deposit where applicable.
Article 6 – Pricing
Prices are stated :
- In Swiss francs (CHF) for clients in Switzerland
- In euros (€) for clients in France
- Exclusive of tax (excl. VAT) and inclusive of 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 placed.
Rates include or exclude (depending on the chosen offer) :
- Software licence
- Installation
- Training
- Technical support
Article 7 – Payment Terms
Orders are settled :
- By bank transfer
- By credit/debit card
- By cheque (subject to conditions)
- In cash (within legal limits)
Payment schedule :
- 30% deposit on order
- 70% before delivery or commissioning
For monthly subscriptions: payment at the start of the month by direct debit or bank transfer.
Article 8 – Delivery and Installation Lead Times
Delivery lead times are indicative and stated in the quote. The Seller endeavours to meet the announced lead times but cannot be held responsible for delivery delays due to causes beyond its control.
Indicative lead times :
- Software licence : immediate (sent by email)
- Hardware : 7 to 14 working days
- Installation : by appointment within 15 days of hardware receipt
Article 9 – Delivery
Delivery is made :
- To the address provided by the Client on the order form
- By carrier or hand delivery as applicable
The Client must inspect the condition of products on receipt. Any anomaly (damage, missing product, damaged packaging) must be reported to the carrier AND the Seller within 48 hours of delivery.
Article 10 – Right of Withdrawal
For professional clients (B2B) : Contracts between businesses carry no right of withdrawal under Swiss law. The commitment is firm upon acceptance of the quote.
For individual clients (B2C) : Swiss law (Code of Obligations) does not provide a general right of withdrawal for distance purchases. However, Yona System grants a commercial period of 7 days from delivery for physical products, excluding activated software licences.
Article 11 – Warranty
Statutory warranty : All products benefit from the statutory warranty of conformity and the warranty against hidden defects.
Commercial warranty :
- Hardware : manufacturer 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 and non-transferable licence to use the Yona System software. This licence authorises :
- Installation on the agreed number of terminals
- Use within the scope of the Client’s professional 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 source code
- Manipulate, modify or directly access the software database outside of the provided interfaces
- Disable or circumvent the software’s security mechanisms
Any violation of these prohibitions will result in the immediate termination of the licence without refund and may be subject to legal proceedings.
Article 13 – Support and Maintenance
Technical support is available as follows :
- Email : response within 24 working hours
- Phone : Monday to Friday, 8 am–12 pm and 1 pm–6:30 pm
- On-site intervention : subject to 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 renewal by registered letter or email
- After termination, the Client has 3 months to export and close their data. After this period, 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 cannot be held liable for :
- Indirect damage resulting from use of the software
- Loss of data (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 source code by the Client or a third party
- Any attempt to access, modify or manipulate the software 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 for the software’s operation.
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 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 infringement.
Article 19 – Applicable 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 Resolution
In the event of a dispute, the parties undertake to seek an amicable solution before resorting to legal proceedings. 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 retain their full force and effect.
Article 22 – Language
In the event of a contradiction between a translated version and the French version, the French version shall prevail.
Yona System reserves the right to amend these T&Cs at any time. Any amendment takes effect upon publication on this site. Clients with an active contract will be notified by email of any material change. 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