General Terms and Conditions of Sale-lafrileuse.ch
- Subject matter and scope
(1) These General Terms and Conditions of sale (hereinafter referred to as the “GTCS””) apply for all orders the buyer places (Art.114 and 120 of the CPIL-Switzerland’s Federal Code on Private International Law) with us (La Frileuse SA Manager: Marielle Clivaz, Phone: +41 (0) 27 481 25 20, Email: [email protected]) via our online shop ( www.lafrileuse.ch).
(2) Our offerings are directed solely to purchasers aged 18 or older and who are consumers (hereinafter referred to as the “Buyer”).A consumer is any natural person who concludes a contract relating to the provision of ordinary goods and services intended for the personal or family use of the consumer and which are not associated with the professional or commercial activities of the consumer (Art.114 and 120 of the CPIL).
(3) Our deliveries, services rendered and offers shall be effected exclusively on the basis of these GTCS.
(4) The contract languages are English and French.
(5) These GTCS can be accessed via https://www.lafrileuse.ch/en/sales-conditions/ on the Internet.
- Registration as customer
(1) Buyers can register as a customer in our online shop free of charge. Registration creates a permanent customer account. This customer account can be used in future to place orders without the buyer having to enter personal details every time. Registration is not a precondition for placing an order. There is no legal entitlement to registration.
(2) To register as a customer and create a customer account the buyer has to enter, inter alia, a currently valid email address and a password. The email address serves as a user name and together with the password as log-in data. The e-mail address will also be used for communicating with the buyer.
(3) The buyer warrants that the information provided during registration is correct and complete. Pseudonyms may not be used. The buyer may not register more than once.
(4) The buyer is obliged to handle the log-in data with due care. The buyer is never permitted to disclose the log-in data to third parties and/or permit third parties to access the customer account by bypassing the log-in data. Should the buyer have any indication of their customer account being misused by third parties, we are to be notified immediately.
(5) In so far as the buyer’s personal details change, they themselves are responsible for updating or correcting them as required. The buyer can make changes online after logging on to their customer account.
(6) The buyer can have their registration deleted at any time by corresponding notification to us. Deletion irrevocably removes the customer account and all the buyer’s personal details linked to it. This applies in so far as there are no statutory retention duties or unless the information is still required for processing orders.
(7) We are entitled to cease offering registration and customer accounts via our online shop at any time. In that case, the buyer will be promptly informed about the intended cessation and their customer account with all its data will be irrevocably deleted.
- Conclusion of contracts
(1) The presentation of goods on the online shop does not constitute a binding offer to conclude a contract of sale with us. In actual fact, it is a non-binding invitation to order goods from us on the online shop.
(2) With their order, the buyer submits a binding offer to conclude a contract of sale by clicking the “Order” button.
(3) After we receive the order, the buyer will receive an automatically generated email in which we confirm that we have received their order (confirmation of receipt). This confirmation of receipt does not constitute any acceptance of the purchase offer. No contract comes about yet through the confirmation of receipt.
(4) A contract of sale for the goods only comes about once we expressly declare acceptance or if we send the goods – without prior express declaration of acceptance – to the buyer.
- Right of return
(1) We grant buyers the right to return goods without any obligation. The Buyer can withdraw from the contract by returning the ordered goods to us within 15 days of receipt of the goods. Return costs are the responsibility of the customer (see shipping and delivery costs).The following terms and conditions apply:
(2) The right of return only applies for goods and not for the purchase of gift vouchers.
(3) We only take back undamaged and unused goods, i.e., goods worn/tried on as in a retail shop. In addition, the original retail packaging must be used for returning the goods.
(4) Only the provided return label may be used for returning the goods. We do not bear the cost of return. We shall not bear the cost of postage-paid or unpaid parcels.
(5) The return form has to be completed in full before returning the goods. In particular, make sure you enter the order number, name and customer number so that we can match the returned items to your order. . You also have to specify the reason for returning the goods as per the options in the form.
(6) After the goods are returned, we will examine the package and credit the money for the returned goods to your account. We will use the payment method you chose when ordering.
- Prices
The prices quoted on the online shop include statutory sales tax and also other price components and are net of the pertinent shipping costs https://www.lafrileuse.ch/Frais-d-expedition-et-de-livraison/
- Payment and delay
(1) The purchase price shall be paid by prepayment, instant transfer, credit card, direct debit payment, PayPal or another type of payment option that customers select when they place their orders. The payment due date shall be based on the particular payment type that was selected.
(2) We reserve the right to base approval of the payment option “purchase on account” and other payment options on the results of a credit check.
(3) The buyer shall be required to keep the payment information included in their account up to date.
In the event of non-payment on time, there is a reminder fee of 5 CHF.- will be invoiced to you for each reminder letter, insofar as you have not provided proof of proven damage to the goods. Any additional collection, legal and court costs are entirely your responsibility.
- Terms of delivery
(1) Unless agreed otherwise, the goods will be delivered from our warehouse to the address given by the buyer at the time of ordering.
(2) The costs for delivery to various countries can be found in the shipping costs table https://www.lafrileuse.ch/Frais-d-expedition-et-de-livraison/
(3) For deliveries within the European Union, the delivery time is approximately a maximum of one week after conclusion of the contract. For deliveries outside the EU, the delivery time is extended by 2-4 weeks. Any shorter or differing delivery periods are stated on the pertinent product page.
(4) If not all of the ordered products are in stock, we are entitled to partial deliveries in so far as this is reasonable for the buyer. Any periods only start to run upon receipt of the last partial delivery.
(5) The delivery of ordered goods shall be effected subject to availability of the goods. If they are not available when the order is placed, the buyer will receive a notification about the expected delivery date and we will put the order on hold. Once the goods are in stock, they will be shipped to the buyer without further notification. In the event of non-availability, in particular because a limited stock marked as such is exhausted, we will inform the buyer. Already rendered payments will then be immediately reimbursed.
- Damage in transport
(1) If goods reach you with obvious damage in transport, please report such defects immediately to the deliverer and please contact us as quickly as possible.
(2) Failing to complain or contact us has no effect on your statutory warranty rights. But you will be helping us to assert our own claims against the freight carrier and/or transport insurer.
- Warranty
(1) The buyer’s warranty claims are governed by the statutory sales law provisions.
(2) The Buyer is obligated to inspect the product immediately and with due care for any variances in quality and quantity and to report obvious defects to us within 3 days of receipt of the product. Shipping the product on time is sufficient to meet the deadline. This also applies to hidden defects discovered subsequently. Warranty claims cannot be raised if the obligation to inspect and the obligation to give notice of defects are not fulfilled.
(3) In the event of a defect covered by this warranty, we will, at our option, repair or replace the product. In the event of repair of defects, we do not have to bear the increased costs incurred by the shipment of the goods at a place other than the place of performance, provided that the shipment does not match the intended use of the goods.
- Liability
(1) Unlimited Liability: We have unlimited liability for intention and gross negligence and also under the Product Liability Act. For minor negligence we are liable under fatalities, personal injury or impairment of health.
(2)Otherwise, the following limited liability applies: In the case of minor negligence, we are liable only in the case of breach of a cardinal contractual duty, i.e., duties whose fulfilment renders the proper execution of the contract possible in the first place and on whose compliance you may generally rely (“cardinal obligation”).The liability for minor negligence is limited in amount to the foreseeable loss to be typically expected for such contracts when the contract is concluded. This restriction of liability also applies in favour of our agents.
(3) In all cases, liability is limited to the price of the delivery volume, to the extent that the law allows.
- Change to the terms and conditions
(1) The buyer’s orders are governed by these general terms and conditions of sale, which we expressly point out as part of the buyer’s order.
(2) Changes of or additions to these GTCS which impact existing customer accounts of registered customers, in particular changes or additions to section 3 of these terms and conditions, shall only be made, in so far as reasonable due to legislative or functional adjustments to our online shop, e.g., due to technical changes or adjustments to the registration process or in the administration of the customer account.
(3) Changes or additions under paragraph 2 will be announced to the customer by email four weeks before they take effect at the latest. Notification about changes or additions being made shall suffice. It is expressly agreed that we will not need to send the buyer the amended or supplemented GTCS in detail or the new version of the GTCS as a whole. In the announcement we shall include a link via which the new version of the GTCS as a whole can be accessed.
(4) In so far as the customer does not object to the change or addition under paragraph 2 within 14 days after announcement of the change or addition, this shall be deemed agreement to the change or addition. This shall be pointed out expressly in the announcement.
- Saving the contract text
We will store the order and the entered order data. We will send an order confirmation with all the details to the email address provided by the buyer. In addition, buyers can view and print out their order with all the entered order data in their personal customer account at any time. Buyers can also print out both the General Terms and Conditions of Sale and also their order with all the entered data during the order process.
- Final provisions
(1) Should one or more provisions of these General Terms and Conditions of Sale be or become invalid, this shall have no effect on the validity of the remaining provisions.
(2) Contracts between us and the Buyer are, to the extent permitted by law, exclusively subject to Swiss substantive law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods ( CISG, “United Nations Convention on Contracts for the International Sale of Goods”) and conflict of law provisions of Swiss private international law.
(3) The parties agree that the exclusive forum will be Crans-Montana, subject to compulsory legal jurisdiction.
