Terms and Conditions

1.

Object

1.1.

These general terms and conditions of sale (these " GTC ") apply to any order (the " Order ") placed by a buyer (the " Customer ") on the Site for a product sold by the Seller on the Site (the " Product ").

1.2.

The contract for the sale of the Product is concluded between the Seller and the Customer.

1.3.

By placing an Order for any Product on the Site, the Customer:

1.4.

The Customer acknowledges that these T&Cs may be translated into several languages. In the event of a discrepancy between the different versions of these T&Cs, only the French version shall be authentic.

1.5.

The Seller reserves the right to modify these T&Cs at any time. The version of the T&Cs in force at the time of the Order applies to the Order.

2.

Products

2.1.

The presentation of the Products on the Site (including with price indication) does not constitute an offer to contract.

2.2.

The Products are presented within the limits of available stocks. Products that are temporarily unavailable cannot be reserved or ordered for later delivery.

2.3.

The images of the Products presented on the Site are not contractual. In the event of contradictions between the information relating to the Products presented on the Site and that appearing on the packaging of the Products, the latter shall be decisive.

2.4.

The Seller remains free to modify the assortment of Products offered on the Site, at its sole discretion and at any time.

3.

Order

3.1.

Subject to any limitations that may be indicated on the Site by the Seller at any time at its sole discretion, the Products presented on the Site may be ordered by any natural or legal person throughout the world, provided that such person has the capacity to contract.

3.2.

Any Order placed on the Site is considered an offer to contract on the part of the Customer.

3.3.

Upon completion of the Order, the Customer is bound by his offer and can no longer cancel or modify his Order, subject to the exercise of the Right of Withdrawal (as defined below), if the Customer benefits from it.

3.4.

The sales contract is concluded at the time of confirmation of the Order by the Seller, confirmation which is sent by email to the Customer after validation of his Order. The Seller has the right to refuse any Order in the event of unavailability of the Products ordered or any other unforeseeable event preventing the satisfaction of the Order.

3.5.

The Seller undertakes to confirm or refuse the Order by email within twenty-four (24) hours of the Order (this period does not run during non-working days, which include Saturdays, Sundays and all public holidays at the Seller's headquarters). In the event of no response from the Seller within this period, the Customer is released from his offer and the Order is considered refused.

3.6.

After confirmation of an Order, the Seller may cancel it in the event of subsequent unavailability of the Products ordered or any other unforeseeable event preventing the satisfaction of the Order.

3.7.

In the event of total refusal or subsequent total cancellation of an Order, the amounts already paid by the Customer for it will be refunded to the Customer.

3.8.

In the event of partial refusal or subsequent partial cancellation of an Order due to the unavailability of part of the Products ordered, the Seller will inform the Customer and the Customer will have the choice between:

If the Customer fails to respond within the time limit set by the Seller, the Order will be cancelled in its entirety.

4.

Prices and Shipping Costs

4.1.

The sale price of the Products (the “ Price ”) is indicated in CHF (reference currency) and, for information purposes, in other currencies.

4.2.

The Price is due and payable by the Customer at the time of the Order.

4.3.

The Price does not include Swiss value added tax (" VAT "), IOTA being not subject to it. Shipping costs are charged at a rate of CHF 100.- for Switzerland.

4.4.

Unless otherwise indicated on the Site at the time of the Order, the Price does not include delivery costs, which are invoiced in addition to the Customer at the time of the Order (the " Delivery Costs ").

4.5.

The Price indicated on the Site at the time of the Order is authentic, subject to manifest error on the part of the Seller.

4.6.

The Seller remains free to modify the Prices indicated on the Site at its sole discretion and at any time.

4.7.

Payment of the Price and Delivery Charges can be made by credit card (Visa and Mastercard) or by Paypal.

4.8.

By placing an Order with the Seller, the Customer authorizes the Seller to verify his solvency with third-party organizations.

4.9.

The amount of the Price and Delivery Costs are debited at the time of the Order.

4.10.

The Seller is in no way responsible for any costs (in particular banking costs) incurred by the Customer in connection with any payment made by the Customer.

5.

Delivery

5.1.

Subject to any limitations that may be imposed by the Seller at any time in its sole discretion, the Products may be delivered worldwide to the delivery address specified by the Customer at the time of the Order (the " Delivery Address ").

5.2.

Delivery times may be indicated on the Site, but are given for information purposes only and do not constitute a commitment on the part of the Seller. The Customer is required to accept delivery of the Products even if delivery occurs after the time indicated on the Site (or when placing the Order or confirming it).

5.3.

Delivery of the Products is carried out by Swiss Post and its partners or by any other shipping service offered by the Seller and chosen by the Customer at the time of the Order (the " Carrier ").

5.4.

If the Products cannot be placed in a Customer's mailbox at the Delivery Address due to their size or the delivery method chosen by the Customer, the Customer is required to take all measures to receive and take possession of the Products at the Delivery Address.

5.5.

In the event of the Customer's absence at the time of delivery, the Customer must follow the Carrier's instructions to take delivery of the Products without delay. If the Customer does not take delivery of the Products within the maximum time and at the place indicated by the Carrier, the Seller will have the right to cancel the Order and recover the Products. In this case, the Seller will refund the amounts paid by the Customer for the Order, less the Delivery Costs and the cost of returning the Products.

5.6.

The risks of the Products pass to the Customer at the time of delivery of the Products to the Customer. If the Customer does not take delivery of the Products in accordance with the terms of Article 5.5, the risks shall pass to the Customer from the time of return of the Products until receipt thereof by the Seller.

6.

Right of Withdrawal

6.1.

For any Order, the Customer has a right of withdrawal, without having to indicate any reason (the " Right of Withdrawal "). The Right of Withdrawal does not exist for:

6.2.

The Right of Withdrawal must be exercised by the Customer no later than thirty (30) days from the moment the Customer (or the person designated by him) takes physical possession of the Products (the " Withdrawal Period "). In the case of multiple Products ordered by the Customer in a single Order but delivered separately, the period runs from the day the Customer or the person designated by him takes physical possession of the last Product.

6.3.

The Customer must exercise his Right of Withdrawal by an unambiguous written declaration sent by email to the Seller at the email address indicated in the Contact Details, before the expiry of the Withdrawal Period. This declaration can be made using the form in the Appendix to these General Terms and Conditions.

6.4.

In the event of exercising the Right of Withdrawal after the Products have been shipped to the Customer, the Customer must reship all of the Products covered by the Order at their own expense to the Seller's postal address indicated in the Contact Details, within a period of thirty (30) days from the exercise of the Right of Withdrawal. The Customer bears the risks of the Products until the Seller receives them. The Products must be reshipped in full, in perfect condition and in their original packaging (without having ever been opened), and accompanied by the delivery slip, failing which the Customer does not benefit from the Right of Withdrawal and the Seller has the right, where applicable, to return the Products to the Customer and invoice them (including the costs of returning the Products).

6.5.

The Seller shall reimburse the Customer for the amounts paid by the latter at the time of the Order (with the exception of additional costs arising from the fact that the Customer may have chosen at the time of the Order a delivery method other than the least expensive delivery method offered by the Seller) upon receipt of the Products returned by the Customer or proof that the Customer has returned the Products.

6.6.

In the event of exercising the Right of Withdrawal before the Products are shipped to the Customer, the Order is cancelled and the Seller will reimburse the Customer for the amounts paid by the latter at the time of the Order (with the exception of additional costs arising from the fact that the Customer would have chosen at the time of the Order a delivery method other than the least expensive delivery method offered by the Seller). The reimbursement will be made within thirty (30) days of receipt of the Customer's notice informing the Seller of the exercise of the Right of Withdrawal.

6.7.

The refund is made using the same means of payment as that used by the Customer at the time of the Order (unless otherwise agreed between the Seller and the Customer). The refund is made at no cost to the Customer, with a deduction of 5% of the total amount of the order as a restocking fee.

7.

Guarantee

7.1.

The legal guarantee for defective Products applies to any Order, according to the terms defined below.

7.2.

Upon receipt of the Products, the Customer must check their condition. If he discovers any defects, he must notify the Seller immediately. In the absence of such notice, the Products are deemed to have been accepted, unless they are defects that the Customer could not discover using the usual checks (" Hidden Defects "). If Hidden Defects are revealed later, the Customer must notify the Seller immediately, failing which the Products are deemed to have been accepted, even with these defects.

7.3.

Without prejudice to the Customer's obligations under Article 7.2, the warranty for defects expires after a period of two (2) years from delivery to the Customer (the " Warranty Period "), even if the latter only discovered the defects later.

7.4.

In the event of a defect affecting the Products, provided that the Customer has notified the Seller in accordance with Article 7.2 and in any event within the Warranty Period, the Customer must return the defective Products at its own expense, with a description of the defect found, to the Seller's postal address indicated in the Contact Details.

7.5.

After receipt and examination of the Products by the Seller, if this examination confirms the existence of the defect, the Seller undertakes to:

If the Seller finds that there is no defect, the Seller has the right to return the Products to the Customer and charge the Customer for the return costs.

7.6.

No warranty for defects can be invoked if the Products have already been used.

8.

DISCLAIMER

8.1.

SUBJECT TO WHAT IS EXPRESSLY PROVIDED FOR IN THESE GTC AND ANY APPLICABLE MANDATORY LEGAL PROVISION PROVIDING TO THE CONTRARY, THE SELLER EXCLUDES ALL LIABILITY, AND THE CUSTOMER WAIVES ANY ACTION FOR LIABILITY AGAINST THE SELLER, WHETHER THIS LIABILITY IS OF A CONTRACTUAL, TORT OR OTHER NATURE, EXCEPT IN THE EVENT THAT THE CUSTOMER PROVES THAT THIS LIABILITY WAS CAUSED BY THE FRAUD OR GROSS NEGLIGENCE OF THE SELLER WITHIN THE MEANING OF ARTICLE 100 PARAGRAPH 1 OF THE SWISS CODE OF OBLIGATIONS. IN ADDITION, ANY LIABILITY OF THE SELLER FOR THE ACTION OF ITS AUXILIARIES IS EXCLUDED (ARTICLE 101 OF THE SWISS CODE OF OBLIGATIONS).

9.

Personal Data

9.1.

Personal data is processed by the Seller in accordance with the Privacy Policy available on the Site, which the Customer confirms having read and accepted.

10.

Miscellaneous

10.1.

Any communication with the Seller must be made in one of the languages ​​in which the Site is available.

10.2.

If any provision of these Terms is found to be invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remainder of the Terms.

11.

Applicable Law and Jurisdiction

11.1.

These GTC and the sales contract between the Seller and the Customer (as well as any non-contractual obligations arising therefrom and any other legal relationship with the Seller) are governed by, and interpreted in accordance with, Swiss law, excluding its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods.

11.2.

Any dispute between the Seller and a Customer (in particular in relation to any Order) shall be submitted exclusively to the courts of Biel, Switzerland (without prejudice to any legal remedies available against any decision rendered by these courts). Notwithstanding the foregoing, the Seller shall be entitled to bring an action against the Customer before any other competent court, in Switzerland or abroad.

Date of update of these T&Cs: June 2024