Article 1 SCOPE
1.1 The General Terms and Conditions of Sale govern the business relations between the company cerjo Switzerland SA and the Internet user, hereinafter called the client. The use hereinafter of the masculine form in relation to client naturally includes women as well as men.
1.2 The dispatch of the order to the client implies his acceptance of these General Terms and Conditions of Sale in their entirety, with the exclusion of all other terms and conditions. The client declares that he has the capacity to contract with cerjo Switzerland SA on the basis of these General Terms and Conditions of Sale. The client warrants that all the information provided is correct.
1.3 Only persons who possess legal capacity may register on the website http://www.cerjo.ch, online shop. The data required for registration must be complete and truthful. Each client is responsible for updating his own data
Article 2 OFFER AND CONCLUSION OF CONTRACT
2.1 The presentation of the products on www.cerjo.ch does not constitute a legally binding offer, but an an invitation to the customer to place a binding order (offer to conclude a contract).
2.2 By clicking the order button "Validate my Order", the customer places a binding order for the products listed on the order page.
2.3 Immediately after receipt of the order, the seller confirms receipt of the order by e-mail. The purchase contract is only concluded when the seller confirms the shipment of the goods by email (order or shipment confirmation) or at the latest by delivery of the goods.
2.4 In the event of payment in advance, the purchase contract shall be concluded upon confirmation of receipt of the advance payment by the Seller.
Article 3 PRODUCTS
3.1 The products sold are described on the website http://www.cerjo.ch. The specifications and descriptions are given as guidance only and do not constitute contractual documents. The photos that appear on the website http://www.cerjo.ch are for illustration only and do not form part of the contractual terms and conditions. cerjo Switzerland SA assumes no responsibility whatsoever for any errors or omissions in connection with the images or instructions that appear in its online shop.
3.2 The quality of the goods sold is impeccable. The products are marketed without any warranty other than that of the manufacturer.
Article 4 PRICES
4.1. The prices shown on the website http://www.cerjo.ch include VAT in force when the order is placed. Prices are quoted in Swiss francs and are exclusive of shipping costs.
4.2. cerjo Switzerland SA reserves the right to change its prices at any time. However, the price invoiced for the delivered products is the price that is valid on the order date. This price is stated on the acknowledgement of order sent to the client.
4.3. The promotional discounts offered in the context of advertising campaigns on the website http://www.cerjo.ch will be deducted directly from the amount invoiced. Promotional discounts or any other type of promotions are only valid in connection with a reduction of a future invoice. The vouchers and promotional discounts are valid for a maximum of twelve months from their date of issue and will expire without compensation and without prior notice.
4.4. A voucher is non-refundable and cannot be neither exchanged for cash or for another voucher, nor credited to a credit card.
4.5. Product offers are not valid unless they are visible on the website http://www.cerjo.ch and are subject to availability, while stocks last.
4.6. cerjo Switzerland SA reserves the right to change its prices as well as its terms and conditions at any time without notice.
4.7. cerjo Switzerland SA cannot under any circumstances be held responsible for a computer bug that changes the price of one or more articles without its knowledge. cerjo Switzerland SA accordingly reserves the right to cancel an order if the amount is at variance with the prices normally quoted for the products and/or shipping costs.
Article 5 ORDER
5.1. The order will become binding upon acceptance by cerjo Switzerland SA. The client will receive an acknowledgement of order by e-mail.
5.2. In exceptional circumstances, in particular insolvency or provision of incorrect information, cerjo Switzerland SA reserves the right to reject the order placed by a client.
5.3 cerjo Switzerland SA cannot under any circumstances be held responsible for a computer bug that changes the order without its knowledge. Cerjo Switzerland SA accordingly reserves the right to cancel an order if the amount is at variance with the prices normally quoted for the products and/or shipping costs.
Article 6 PAYMENT
6.1. The payment of the services is made via the solution PayPal, credit card or invoice (Swissbilling by CembraPay AG). The goods are sent upon receipt of the payment.
6.2 PAYMENT WITH INVOICE WITHIN 30 DAYS with our Partner Swissbilling by CembraPay AG (“SWISSBILLING”)
Swissbilling by CembraPay AG is a service provider, which allows you to receive your order with an invoice in a simple and secure way. The Invoice will be sent from SWISSBILLING separately from your order, per email or regular mail, depending on your choice. SWISSBILLING services are based on a fix fee and your maximum order for the first purchase is CHF 300.00. The invoice is payable within 30 days. For security matters, shipping address and billing address must be identical. SWISSBILLING keeps the right to have a credit check control done through its partner CRIF AG in Zurich (Tel.: 0848 333 222, www.crif.ch).
In any case the invoices must be paid in full to SWISSBILLING. Invoices due to SWISSBILLING by the buyer cannot be compensated with claims to cerjo Switzerland When the buyer is in default of payment, he must pay SWISSBILLING a callback fee (Swissbilling general terms and conditions of sale 4.2 "... In the absence of such specific indications, the SWISSBILLING call-back fee is CHF 25.00 for the first call-back and CHF 25.00 for any additional call back. In all cases, SWISSBILLING reserves the right to charge, in addition, a moratorium interest and compensation within the meaning of Article 106CO ... ").
More information on: www.swissbilling.ch/swb-GTC/
Article 7 SECURE PAYMENT AND DATA PROTECTION
7.1. All payments are made securely. The data entered for payment is encrypted (https) and forwarded to PayPal, or credit cards issuing companies and SWISSBILLING in a secure manner in accordance with the PCI Data Security Standard. cerjo Switzerland SA has no possibility whatsoever of accessing such data.
7.2. The use of personal data relating to the client by cerjo Switzerland SA complies with the legislation in force, in particular with the data protection law. This data is processed in a confidential and secure manner.
7.3. cerjo Switzerland SA will only process and store the data that it requires to provide and invoice its services. The stored personal data will enable the client to purchase new articles and ensure the smooth progress of the commercial transaction. Under no circumstances will such data be forwarded to third parties.
7.4. Google Analytics: this website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). This service uses cookies to enable the website to track the movements of its users. You may deactivate the cookies by selecting the appropriate settings on your browser. However, if you select these settings you may be unable to access certain parts of this website.
8.1 Products are sent to the delivery address indicated by the customer during the order process. By transmitting the order, the customer recognizes having taken note of the general terms of sale and accepts them.
8.2. cerjo Switzerland SA has delegated the delivery of the products to external partners. In general, articles are available and delivered within 2 to 5 working days (in Switzerland). If an article cannot be delivered, the customer is informed about it by email.
8.3. There are no deliveries on Sundays or on national and cantonal holidays in Switzerland.
8.4. The delivery times indicated by cerjo Switzerland SA are provided for guidance only. cerjo Switzerland SA will seek to respect them. However, the client is not permitted to cancel the order if the indicated delivery time has passed, nor will such exceeding of deadline give reason for a claim for compensation or a late delivery penalty.
8.5. cerjo Switzerland SA is not responsible for the theft of the goods once they have been delivered by the external partner. If there is any doubt about the security of the post box, it is up to the client to request recorded delivery. Upon delivery of the goods or their deposit at the domicile of the client, the benefits and risks (in particular of theft, damage by third parties, bad weather) are transferred to the client.
Article 9 SHIPPING COSTS
9.1. Packaging and shipping costs are payable by the client. They are listed under the heading “shopping basket” on the order form. We would ask you to refer to the heading “TERMS OF DELIVERY” (Article 8) for more information. There are no shipping costs for delivery in Switzerland.
9.2. The actually delivered quantity appears on the delivery note as well as on the invoice. In case of missing articles or reduced quantities, the customer can claim neither a compensation nor damages. If an invoiced product cannot be delivered, the corresponding amount is reimbursed to the customer. There is no new delivery and the customer cannot claim any damages.
Article 10 CONDITIONS OF GUARANTEE AND SERVICE “Satisfied or refund”
10.1 The products are sold with no other guarantee but the one of the producer.
10.2. To take advantage of the offer "satisfied or refund" for your cerjo® sunglasses, you must fill in the “return” form on the webshop and return the sunglasses within 15 days to below address:
cerjo Switzerland SA
SUNGLASSES
Rue Emile-Boéchat 35
2800 Delémont, Switzerland
10.3 The customer is in charge of the transport costs and risk for the return. The reception of goods which are sent with insufficient carriage or paid for on delivery will be refused.
10.4 All returned items must be new, unworn and in the original box, supplied with the non-detached cerjo hangtag (and supplied accessories) in perfect condition.
10.5 cerjo Switzerland SA will refund the value of the returned item (bank account information required).
10.6 In any case cerjo Switzerland SA reserves the right to only credit a part of the amount or nothing, if it is considered that the returned goods have been used or damaged.
Article 11 PROPERTY
11.1. The goods will remain the property of cerjo Switzerland SA until the invoice is fully paid.
Article 12 RIGHT TO RETURN
12.1 The customer must verify the goods at reception. If the goods should unfortunately arrive in bad conditions, cerjo Switzerland SA will handle the case within 48 hours after reception of a proving picture and explanations by email concerning the damaged goods.
12.2 If the customer orders by mistake, the goods cannot be returned nor refund.
Article 13 APPLICABLE LAW AND JURISDICTION
13.1 These General Terms and Conditions of Sale as well as the contracts concluded in pursuance thereof are governed by Swiss law.
13.2 Any disputes arising hereunder shall be settled before the competent court at the principal place of business of the company cerjo Switzerland SA, 35, Rue Emile-Boéchat, 2800 Delémont, Switzerland. E-mail : [email protected].
Article 14 CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE
14.1. These General Terms and Conditions of Sale may be changed at any time by cerjo Switzerland SA.
14.2. It is incumbent upon clients to keep up to date with the content and any changes to these General Terms and Conditions of Sale.
14.3. The GTC are drafted in German, French, Italian and English. The French version shall prevail if there are conflicts between the different versions or lack of clarity.