General Terms and Conditions of the Company neotus Sàrl
1. Scope of application
These Terms and Conditions of Sale ("General Terms and Conditions" or "GTC") areapplicable to all activities provided by the Company "neotus Sàrl" (hereinafter the "Company") (IDE: CHE-497.566.572), a company located at Chemin du Claiset 9, 1256 Troinex, Canton of Geneva, Switzerland.
The company offers for sale pepper mills, under its own brand (neotus) in Switzerland and abroad.These General Terms and Conditions apply to all sales made by the Company, either through the Company's website (www.neotus.ch), through resellers, through sales by phone, email, oral statement or by any other manifestation of will.
By accessing and using the Company's website, in particular by purchasing the Company's products, the customer acknowledges that he / she is bound by these General Terms and Conditions, which he / she declares to have read and understood.
The Company reserves the right, at its sole discretion, to amend these General Terms and Conditions at any time. It is the customer's responsibility to consult them regularly in order to be kept informed of any changes. The General Terms and Conditions applicable at the time of the conclusion of the contract by the customer apply, unless the customer has expressly agreed in writing other provisions.
These General Terms and Conditions are in French and English. In case of divergence of interpretation between these two documents, the French version is authoritative.
2. Conclusion of contract
The conclusion of the contract comes at the time of the acceptance by the customer of the offer proposed by the Company in relation to the purchase of the products of the Company.The contract is in any case concluded as soon as the customer accepts the services offered by the Company and / or when he orders products on the Company's website or when he buys his products directly.
Unless otherwise agreed, all prices are quoted in Swiss francs (CHF). The society reserves the right to indicate prices in other currencies depending on the country which will be sold.
All proposed prices include additional amounts for the Swiss Value Added Tax (VAT), where applicable. The applicable VAT rate may be changed depending on the country concerned if the sale takes place internationally.
The prices do not include any additional taxes that would apply.
The prices indicated on the website of the Company include the shipping and packing costs whether sold in Switzerland or abroad (outside Switzerland).
When the ordered products are delivered internationally, the prices indicated on the Internet site of the Company may be increased by any customs charges.
The Company reserves the right to modify its prices at any time. The prices indicated on the website of the Company apply at the time of the conclusion of the contract.
The company offers the customer the following method of payment: Credit card.
The sale price must be paid in full by the customer upon conclusion of the contract. The Company will send the ordered products as soon as the sale price is paid.
If the Company offers products for sale, hire or any other use via an internet platform, it reserves the right to require payment electronically as part of the order process (Credit Card, Paypal or other payment systems).
It is not possible for the customer to compensate for any claim on the amount of the invoice which he / she must pay to the Company.
The Company reserves the right to waive any delivery or performance in the event of non-payment.
5. Obligations of the Company
5.1. Delivery / Delivery Date
Delivery will be made within 30 (thirty) business days of the order if it must be carried out in Switzerland. Longer periods may be applied in the event of international sale.
If a timely delivery is not possible, the customer will be informed of the new delivery date or the availability of the product within 5 (five) working days of the order. The Company will endeavor to offer an alternative.
If the Company, its suppliers or third-party contractors are unable to comply with the deadline due to force majeure, for example in the event of a natural disaster, earthquake, volcanic eruption, avalanche , storm, war, political or social unrest, civil war, revolution and insurrection, terrorism, sabotage, strike or nuclear accident or reactor damage then the Company shall be relieved from the obligation to perform its performance during these force majeure events and for an appropriate period of time following the end of such events. If the force majeure lasts more than thirty (30) days, the Company is entitled to withdraw from the contract. The Company must then fully reimburse the amounts already paid by the customer.
All other claims, in particular those relating to claims for damages arising out of force majeure, are excluded.
Unless otherwise agreed, the place of performance shall be at the place of the registered office of the Company.
The service provided by the Company shall be deemed to have been executed when the products are handed over to the carrier chosen by the Company.
The Company expressly reserves the right to hire auxiliaries in order to fulfill its contractual obligations.
The customer may exchange the products sold by the Company within 28 (twenty-eight) days and will be reimbursed by the company. This period begins to run from receipt of the products by the customer. The products must be in their original packaging and have not been used. The client shall bear the costs of return and exchange.
A refund or exchange is only possible when the products have not been specially made for the customer.
The legal provisions concerning the guarantee apply. The products sold by the Company are guaranteed for 5 (five) years.
Any default shall be reported immediately to the Company. The Company then decides whether the defective product is to be repaired, replaced or if the price is to be reimbursed. The customer has a reduction claim or refund of the sale price only when a replacement or repair is not possible. The customer can not request a replacement product during the repair period. The duration of the warranty restarts with regard to the repaired item and continues to run according to the original warranty period for other items.
The Company assumes no responsibility for any defect arising from incorrect use by the customer (eg damage due to delivery, improper storage, improper use, etc.).
In addition, the fact that the products manufactured and delivered are not exactly similar to the photographs presented on the Company's website (weight, size, visual etc.) or the fact that these products may have some imperfections, can not under any circumstances constitute a defect.
The Company produces artisanal and original products which therefore can not be made of identical size or construction and can therefore be imperfect, hence their particular charm.
Liability for indirect or consequential damages is excluded.
Liability for direct damage is limited to the sale price of the product. This limitation of liability is not valid in case of fraud or gross negligence.
A possible liability of auxiliaries is excluded, to the extent permitted by law.
9. Intellectual property rights
The Company has all rights to the products and services it offers.
Neither these General Terms and Conditions nor the individual agreements relating thereto deal with the assignment of intellectual property rights, unless expressly provided for. In addition, any re-use, publication or dissemination of information, images, texts or any other elements that the customer receives in connection with these provisions are excluded, unless expressly authorized by the Company.
The Client must ensure that it does not infringe any third party intellectual property rights when using content, images, texts or figurative elements, when using them in connection with the Company.
The trademarks (and other distinctive signs) relating to this website are registered in the name of the Company or, in any case, belong directly or indirectly to the Company and / or its subsidiaries or affiliated companies.
10. Data protection
The Company must process and use the data collected at the time of the conclusion of the contract in order to fulfill its contractual obligations. The Company shall take all necessary measures to ensure the protection of the data in accordance with legal provisions. The customer accepts that his data are recorded and used in accordance with the contract and is aware that the Company may disclose its data or that of third parties in the event of injunctions from a court or an authority.
Unless expressly excluded by the customer, the Company is entitled to use its data for marketing purposes. The data necessary for the performance of the service may be transferred to the service partners mandated by the Company and to other third parties.
Data protection legislation applies.
These General Terms and Conditions supersede any prior agreements or provisions. Only the provisions stipulated in individual contracts which specify these General Terms and Conditions take precedence over these.
12. Salvation Clause
The validity of these General Conditions will not be affected if one of its provisions or one of its annexes is or was to be declared null. In such a case, the null or invalid provision will be replaced by a valid provision that approximates the purpose of the void or invalid provision. The same applies in the event of a contractual shortcoming.
The client, the Company and their auxiliaries undertake to keep secret all information that has been exchanged or acquired in the course of the services performed.
The obligation of confidentiality persists even after the end of the contract.
14. Agents and distributors
The customer accepts that potential distributors or agents are likely to work independently of the Company and that potential claims should therefore be directed against them directly. The Company declines all responsibility in the event of contractual violations committed by potential agents or distributors.
15. Governing law / Judicial procedure
These Terms and Conditions are governed by Swiss law.
The courts at the place of the registered office of the Company shall be competent to settle any dispute between the parties, except in the case of mandatory legal provisions to the contrary.
The Company is free to institute legal proceedings at the domicile of the defendant.
The application of the United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is expressly excluded.