Conditions générales de vente
TERMS AND CONDITIONS Poké Swiss
These general conditions (GTC) govern all the legal relationships resulting from sales contracts concluded between [Poké Swiss] and its customers by means of the online store (Poké Swiss shop), by email, by telephone or by fax . Any stipulation from the purchaser contrary to these general conditions is expressly excluded.
In case of conclusion of a contract, the contract is concluded with the following party:
[Poke Swiss], chemin des montagnais 93, 1214 Vernier, Switzerland
The seller can be contacted by phone at 078 611 93 29 from Monday to Sunday from 8:00 a.m. to 8:00 p.m. or by email at pokeswiss.info@gmail.com. Orders, requests, complaints and other declarations should be sent to this address.
The offer is non-binding and can be viewed on the website www.poke-swiss.ch. Information concerning the products is intended only for illustration and is not contractual. Any modification of price or assortment and any technical modification remains reserved. The online offer is valid for as long as it appears on the website and only while stocks last.
Orders and deliveries are only possible in Europe and Switzerland.
By placing an order via the online store and simultaneously accepting these GTC, the customer expresses his firm desire to conclude a contract. The contract is deemed to have been concluded when the buyer receives an order confirmation from the seller by email. The type of delivery and the resulting costs are indicated in the online store.
Information concerning availability and delivery times are non-binding. If an item should not be available in stock, the buyer will be informed as soon as possible of the delivery date. The seller cannot be held responsible for delays in delivery caused by the producing companies or third parties. Therefore, all indications of delivery times are provided without guarantee and may be changed at any time. Delivery is made at the expense and risk of the purchaser.
Prices are indicated in Swiss francs (CHF), including VAT (currently 8%). Prices and conditions are subject to change, the reference date being the day the buyer placed the order.
Payment for the ordered goods is made in advance, either by credit card via PayPal or by prepayment (bank transfer).
Payment by credit card is governed by contractual stipulations and by the data protection provisions issued by PayPal.
(http://www.paypal.com/ch/home).
The delivered goods remain the property of the seller until full payment of the amount due. The seller is authorized to enter a retention of title in the register of retention of title agreements. In the event that the buyer is late in paying the purchase price, the seller is, among other things, authorized to withdraw from the contract and to take back the goods in his possession.
The order proceeds according to the following steps:
Once the order is confirmed, the buyer cannot cancel or modify it unless agreed with the seller.
Any complaint in the event of a defect or incomplete or late delivery must be sent in writing to the seller immediately, at the latest 10 days after the day of delivery. Hidden defects must be reported in writing to the seller immediately, no later than 5 days after their discovery. Any buyer who fails to notify these defects within the time limits will not be able to assert his rights. In the event of a defect and after returning the goods concerned, the buyer will be delivered a replacement goods. If delivery of replacement goods is not possible, the seller will return the payment made to the buyer. In addition, any request for a reduction in the price, termination of the contract or payment of compensation in the event of indirect damage is excluded to the extent that this is permitted by law.
The buyer loses any possible warranty rights for defects in the event of improper use of the goods. A defect resulting from normal use or improper handling or deterioration caused by the purchaser or third parties or a defect due to external circumstances (improper storage, frost, heat, humidity, improper storage, etc.) does not authorize the buyer to withdraw from the contract or to request the replacement of the goods. The seller will not assume any responsibility in this regard. Returns of goods are made at the expense and risk of the purchaser. Products must be packaged correctly in their original packaging, and sent by registered mail. If the seller does not find any defects covered by his own warranty or that of the manufacturer, he is entitled to charge the costs for the examination and shipment of the goods to the buyer.
Any other claim of the customer - regardless of the legal reason - is excluded, insofar as the law allows. The seller, his auxiliaries and other people working in his service cannot be held responsible for damage which has not occurred to the goods themselves, in particular damage resulting from a defect, loss of profit or other damage. pecuniary incurred by the buyer. As far as the law allows, the seller declines all responsibility for the offer (including errors in illustration, text and price) and delivery.
Products ordered in error by the buyer are neither returned nor refunded.
The buyer is bound by his order and required to take delivery of the service. All subsequent modifications at the request of the customer are at the discretion of the seller. The buyer has the right to return the goods within 14 days and to withdraw from the contract. The right of return can only be legally exercised if the goods have not been used and are returned intact, complete and in their original packaging. After receipt of the returned goods as described above, the seller will pay the buyer the amount corresponding to the value of the goods. The merchandise must be returned at the expense, benefit and risk of the purchaser.
All text, images, graphics, video and animation files are subject to copyright and other intellectual property laws. They may not be copied, modified or used on other sites without the consent of the seller.
The data necessary for the transaction will be treated confidentially. The buyer accepts the use of his personal data by the seller for marketing purposes; in particular, it accepts the collection, storage, management, use, transmission, disclosure, anonymization and deletion of personal data. In accordance with the Federal Data Protection Act (LPD), data may be processed by third parties (outsourcing) and abroad. The processing of the order in the online store involves the use of cookies. For its website, the seller may use analysis tools such as Google Analytics or e-tracker or place social plugins on the site. Due to the location of the server abroad, the data thus obtained may be transported and processed on site. Currently, data (hosting of the online store) is processed in France. The customer takes note of the fact that the legislation in force in the recipient's country does not in all cases offer protection equivalent to that of Switzerland in terms of data processing.
By ordering online, the buyer accepts that information and advertising messages will be sent to him subsequently. This consent can be revoked at any time by email, post or telephone. We are not responsible for the security of data transmitted via the Internet. Data transmission may not be encrypted.
The seller expressly reserves the right to modify these general conditions at any time and to bring them into force immediately.
All contracts concluded with the seller are subject to Swiss law, to the exclusion of the substantive rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the order comes from individuals for personal use, the forum is determined with regard to the provisions on consumer protection.
Poké Swiss, March 29, 2021