GENERAL TERMS AND CONDITIONS OF SALE
Article 1. Scope of application
1.1 These General Terms and Conditions of Sale (GTCS) govern the rights and obligations of the parties in all orders placed by the customer (hereinafter: the 'purchaser') on the online shop www.gummiio.ch (hereinafter referred to as: “Gummiio.ch”), operated by Valdonatura Sàrl, Chemin du Vuasset 2, CH-1028 Préverenges, firstname.lastname@example.org (hereafter: the 'seller'). The seller only enters into the sale on the basis of these GTCS, which form an integral part of the contract between the purchaser and the seller.
1.2 By placing an order on the site, the purchaser confirms having previously read the GTCS in force on the date of the order, and accepts these. The purchaser undertakes to purchase products on Gummiio.ch exclusively for personal use, and not directly related to any professional activity. The purchaser also confirms that they are able to exercise the civil rights allowing them to acquire the products, and to make a valid commitment.
1.3 The seller reserves the right to modify its GTCS at any time, for example to adapt them to a legislative change, or in order to improve the use of Gummiio.ch. The GTCS applicable to the contract are those in force on the date of the order by the purchaser on Gummiio.ch.
1.4 If a provision of these GTCS were to be declared wholly or partially null and void, this would have no influence on the validity of the other clauses and their usefulness. In such case, the legal provisions in force would apply instead.
Article 2. Purpose of the contract and products
2.1. The seller undertakes to deliver the item(s) ordered to the place indicated by the purchaser, as well as to transfer their ownership to the purchaser against full payment of the price by the latter.
2.2. The purchaser undertakes to pay the price to the seller, as stipulated in Article 3 of these GTCS. The purchaser is required to take delivery of the order at the agreed place, and to accept the delivered products, provided that they are offered under the stated terms and conditions.
2.3. The products offered by the seller are those listed on Gummiio.ch, within the limits of available stocks. The seller reserves the right to modify the product assortment at any time.
2.4. Each product is presented on Gummiio.ch by means of a description showing its main technical characteristics (capacity, use, composition, etc.). The photographs are as accurate as possible, but do not bind the seller in any way. All information available on Gummiio.ch is without guarantee, and the seller declines all liability in this regard. In particular, the seller excludes, insofar as permitted by law, any guarantee or liability concerning the correctness, completeness and timeliness of the information appearing on Gummiio.ch.
2.5. The sale of the products presented on Gummiio.ch is reserved for purchasers residing in Switzerland and Liechtenstein.
Article 3. Price
3.1. The prices indicated on Gummiio.ch are in Swiss Francs (CHF), all taxes included, including the VAT applicable on the day of the order.
3.2. The seller reserves the right to modify its prices at any time.
3.3. The prices displayed on the website on the day of the order will be applicable. Delivery costs will be added to the price of the products and included in the invoice. They will vary according to the price of the products ordered.
3.4. The total amount indicated during the final validation of the order therefore includes the price of the products ordered, as well as the delivery costs.
3.5. Any taxes (customs duty and other similar fees), charges, levies or emoluments, of any nature whatsoever which may be linked to the purchase of the product, will be at the sole expense of the purchaser, and are in addition.
Article 4. Order and payment terms
4.1. Before any order, the purchaser must create an account on Gummiio.ch. The account creation section is accessible directly from the side menu bar. The purchaser must, if they wish to order or consult their account (order status, profile, etc.), identify themselves using a username and password. The purchaser undertakes to provide valid and correct contact details when ordering on the site.
4.2. For each order, the purchaser selects the products they wish to order in the 'basket', modifies this if necessary (quantities, references, etc.), and checks the delivery address, or indicates a new one. The shipping costs are then calculated and submitted to the purchaser.
4.3. The purchaser may choose among the following payment methods:
- Secure payment by card: after completing the steps detailed in paragraph 4.2 above and selecting the method of payment by card, the purchaser is invited to check all of the information, read and accept these GTCS by ticking the corresponding box, and then to validate the order by clicking on the button 'confirm my order'. The purchaser is then redirected to the secure interface in order to safely fill in the payment card references. If payment is accepted, the order will be registered, and the contract will be definitively entered into.
Payment by card is irrevocable. In the event of fraudulent use of a payment card, the purchaser may demand the cancellation of the payment, and the amounts paid will then be credited or returned. The liability of the holder of a bank card will not be invoked if it can be proved that the disputed payment was made fraudulently, remotely, and without physical use of the card.
4.4. The purchaser understands that, by placing an order, they are entering into a firm contract. All the data provided and the recorded confirmation will constitute proof of the transaction. If the purchaser has indicated an email address when ordering, the seller will send confirmation of the registration of the order.
4.5. The order will not be shipped until confirmation of payment of the total amount due. Any possible bank charges will be at the sole expense of the purchaser.
4.6. If the purchaser wishes to contact the seller, they can do so by email at the following address: email@example.com.
Article 5. Reservation of ownership
In all events, the seller will retain full and entire ownership of the products sold until receipt of the total amount (product price, including taxes, and delivery costs).
Article 6. Delivery
6.1. Each item is checked by the seller before the order is dispatched.
6.2. Deliveries are made to the address indicated when ordering. Delivery times are only indicative; if these exceed thirty days from the order, the sales contract may be terminated and the purchaser reimbursed.
6.3. The seller can provide the purchaser with the package's tracking number by email. The package will be delivered to the address indicated by the postal services. If the purchaser is absent, they will receive a notification which will allow them to collect the order at the post office during the period indicated by the postal services. After this period the package will remain at the disposal of the purchaser, and it is up to the purchaser to contact us by email in order to agree on a new shipment.
6.4. The seller undertakes to ship the order according to the Incoterm EXW, to the address indicated by the purchaser. Essentially, the risks, in particular those related to damage or theft of products, or delays, pass to the purchaser as soon as the order is handed over to the carrier.
6.5. The purchaser is required to check the condition of the packaging of the goods and their contents at the time of delivery, in the presence of the postal worker or the delivery person. In the event of damage during transport, any complaint must be addressed to the seller within three days of delivery. The purchaser undertakes to notify the seller of any defect or error in delivery within 14 calendar days from the date of delivery (cf. Art. 7 GTCS). In the absence of notification within this period, the item will be considered accepted, and will not be returned or exchanged.
Article 7. Warranty
7.1 All the products sold on Gummiio.ch benefit from the legal warranty provided for by Articles 197 et seq. of the Code of Obligations (CO).
Any other warranty on the delivered products, and any liability for damage caused by these products are excluded, unless the seller has knowingly concealed the corresponding defects in the product. The same rule applies to any rights that the seller may assert against the Post Office for damage caused during transport;
In particular, the seller disclaims any guarantee as to the suitability of the products for the intended use by the purchaser, or for obtaining a particular result. Damages which are attributable to the purchaser personally, for example as a result of improper use of the product, or for damage caused by external reasons which are not attributable to the seller, are also excluded from the warranty, for example any damage occurring during transport.
7.2 In the event of non-conformity of a product sold, it must be returned by the purchaser, who can decide either to exchange it or ask for a refund.
Returned products must be sent to the following address:
1052 Le mont-sur-Lausanne,
Returned products or packages will only be accepted if they are in good condition, i.e. new, unopened, undamaged, and in their original packaging.
All complaints, requests for exchange or a refund must be made by email to the following address: firstname.lastname@example.org, within 14 calendar days from the date of delivery.
7.3 In the event of a return, the purchaser undertakes to return the product by courier against signature at their own expense. The seller will not accept the return of products that have been used, damaged, or returned without their original packaging. In such case, the items in question will be returned to the purchaser, and no refund will be given.
7.4 The seller will carefully check all returned goods against the above criteria. It will reimburse the purchaser for the price paid for the returned item in accordance with Art. 7.4 within 14 calendar days of receipt of the returned product. Delivery costs, all taxes (customs duties and other similar fees), charges, levies or emoluments, of any nature whatsoever, paid in addition to the total amount of the order, will not be reimbursed.
Article 8. Liability for damage resulting from the use of the Internet
8.1 In the remote selling process, the seller is only bound by an obligation of means.
8.2 The seller will not accept, insofar as permitted by law, any liability for damage resulting from the use of the Internet, such as loss of data, intrusion, virus, interruption of service, or other unintentional problems.
Article 9. Intellectual property
All elements of the Gummiio.ch site are and will remain the intellectual and exclusive property of the seller. No person is authorised to reproduce, exploit, or use, for any purpose whatsoever, even partially, any elements of the Gummiio.ch site, whether in the form of a photo, logo, visual image or text.
Article 10. Personal data
The seller undertakes to preserve the confidentiality of the information provided by the purchaser, which the purchaser is required to transmit for the use of certain services. Any information concerning the purchaser is subject to the provisions of the Law on Protection of Personal Data (LPD). As such, Internet users have the right to access, modify and delete information concerning them. They can request this at any time by e-mail to the following address:email@example.com.
Article 11. Place of jurisdiction and applicable law
11.1 Swiss law, with the exception of its rules on private international law, will be applicable to the sales contract between the parties, including these GTCS.
11.2 Any dispute arising from or in connection with the sales contract, including these GTCS, will be submitted to the jurisdiction of the Court of Lausanne (Vaud), the parties thereto recognising said exclusive jurisdiction.