These General Terms define the rights and obligations between of the parties defined in the online sales proposed by Espace-Création, located in Savièse, Sion, Switzerland (‘The Seller’) and yourself (‘the Client)’. These General Conditions apply to customers domiciled in an English-speaking country outside Switzerland.
For Switzerland, please see the General Conditions here.
1. GENERAL PROVISIONS - SCOPE OF APPLICATION:
a. These General Terms of Sales are applicable to all sales established via the French version of the internet site.
b. Each order performed successfully is confirmed by a message on your web browser along with a confirmation email describing the details of the order. The sales contract is deemed to be effective after the confirmation of the purchase.
c. The seller reserves the right to modify at any time its general terms. The applicable conditions at purchase time are the ones listed on the web site at the time of the effective purchase.
d. Any question relative to the web site can be addressed to firstname.lastname@example.org
2. ORDER, ORDER VALIDATION AND ORDER MODIFICATION:
a. An order is performed by filling up clearly, completely and correctly, based on the steps described on the online purchase form. The sales contract is archived by the seller and is not accessible by the client.
b. Espace-Création is entitled to honour the orders received on its online site only if the stock of product(s) is available. In case of the temporary or final unavailability of the product(s), Espace-Création is entitled to inform the client within 24 hours and to propose either to :
a new delivery date
an equivalent article
to cancel the order and to reimburse the monies already received.
c. If the client orders only free products (along with the handling and sending fees), he will only be authorized 3 free products per order.
d. If the clients orders free and other products, he will be able to choose a free product for each 25 $ spent.
e. The customer orders in the currency of his place of delivery.
f. In case of order of more than 25kg, the seller reserves the right to cancel the order or to take a carrier whose costs are the responsibility of the customer.
g. The products, marked PROMO, are products whose expiration dates are written in bold. In the event of an order, the customer undertakes to purchase the said product at the time of payment. We do not use any PROMO rated product on the site.
h. The reservation of places in a workshop or a course is done directly on the website. The collection of the price in its entirety or by its deposit is necessary for a reservation request to be taken into account. Once the payment is made, the booking is automatically confirmed by a summary email. In some exceptional cases, the reservation remains subject to confirmation within 24 hours.
Espace-Création reminds that, in case of absence, the amount of the workshop will not be refunded, except on medical certificate. It is your responsibility to find a replacement.
In the case of one of the above rules were not to be respected, the order shall be cancelled, the client will be reimbursed. Administrative fees relative to this cancellation might be charged to the client.
a. All the prices of the available items on the web site are indicated in Dollars, all taxes are included, handling and sending fees are not included.
Validation and confirmation of order: In accordance with the regulations in force on the electronic signature, any order form signed by the consumer on the website by means of a "double click" constitutes an irrevocable acceptance which can only be challenged if in the cases provided for in these conditions of sale. The "double click" associated with the authentication, non-repudiation and message integrity protection procedure is an electronic signature. This electronic signature has value between the handwritten signature parts. The contractual information will be confirmed by e-mail.
b. We reserve the right to modify our prices at any time. We engage ourselves to apply the effective price displayed at purchase time.
a. Unless otherwise stated, the delivery is sent to the address indicated at the purchase time. The delivery is made by our own means or by a transport company.
b. For indicative purposes, the delivery time can vary between 3 days to 7 weeks. Unless otherwise stated at purchase time, the maximum delivery time is 49 days starting from the payment date.
c. The delivery fees are charged to the client. These fees are displayed at the time of purchase prior to the purchase validation. Carriers requested by the customer or proposed by the seller are the responsibility of the customer himself.
d. The risks are transferred to the customer upon delivery of the goods to the customer. If the goods arrive damaged, the customer has the possibility of refusing them at the time of reception with the carrier so that the latter returns them to us immediately; thus it will be possible for him to obtain reimbursement. To do this, contact support at the email address: email@example.com. to notify him that the goods have been refused and returned by the transporter. If you accept the goods, the customer will not ask for any compensation from the seller, but from the transporter who delivered the goods to him in poor condition.
a. Payment is asked immediately at the order date via the button “order with payment”. The merchandise will only be sent once the payment has been received.
b. The following methods of payment are available:
- by Credit Card (Visa, MasterCard, AMEX). The payment online is secured using the SSL Protocol (Secure Socket Layer)
- by PayPal.
6. RETENTION OF TITLE:
The transfer of property of the products to the buyer is only effective once the total payment has been made, and independent of the actual delivery date of the products.
7. PRODUCTS, TECHNICAL DESCRIPTIONS AND PICTURES:
a. The technical description along with the associated pictures of the proposed articles have been established with the greatest care by our specialists and verified by us. However these do not enter the contractual scheme. As such, if errors have been made, the responsibility of Espace-Création cannot be engaged.
However, if the client wishes to return the product(s) due to an error in its description(s), the return would be charged to Espace-Création (c.f. point 8)
b. The proposed products follow the current rules and regulations of the European Union and Switzerland
c. We decline any any responsibility in the case of a delivery outside of the EU, where the delivered products may not conform to the local legislation.
We recommend our clients to please read the information joint to each product (on the casing or joint) detailing the list of ingredients, the last date of consumption, recommendation on storage, etc..
8. RIGHT OF WITHDRAWAL AND RETURN:
a. Satisfied or reimbursed: the customer, private consumer, has a right of return; for whatever reason, except point d on delivery. He therefore has the right to notify the seller whose contact details appear in point 1. that he renounces the purchase, without penalties and without giving any reason, within 14 calendar days from the day after the day of delivery of the goods. , except point d on delivery. In this case, the goods must be returned to us within the same period at the customer's expense. For goods that can be returned by post, the postmark will prevail, except point d on delivery. For larger packages, the date of your return request is that which is authentic, except point d on delivery. We ask you to contact our customer service by email (firstname.lastname@example.org) who will tell you how to get there. This right supposes that the article is returned to us in perfect condition, in its original packaging. Goods which do not reach us in this state, which are incomplete, damaged, damaged or which have been unpacked will not be reimbursed and will remain at the disposal of the buyer, who will be responsible for picking them up at our headquarters.
b. Handling of Fees :
- In all the following cases, Espace-Création shall reimburse the price of the product(s), the shipping fees charged and will take charge of the return shipping fees:
Refusal on delivery by the customer upon receipt of the package or a damaged package. The carrier picks up the package at the time of delivery: Espace-Création reimburses the price of the product, any shipping costs invoiced and bears the return costs according to written agreement.
Mistake in the description
- In the case of the right of withdrawal:
Espace-Création shall reimburse the price for the product(s) and the billed shipping gees, except point d of delivery. The return shipping fees shall remain at the client’s expense..
The reimbursement shall be made within 14 days starting from the reception of the returned package, at the convenience of Espace-Création and shall be credited to the bank account of the credit card used for the original purchase.
9. WARRANTY AND LIABILITY:
a. We guarantee the origin of our products. The production conditions for all our products are at higher standards than comparable products.
b. In the event of damage or missing items, except point g of the order and point d of delivery, the buyer may, at the option of the seller, obtain free replacement or reimbursement of the products, excluding any compensation.
10. DATA PROTECTION :
a. All Data given by the client shall be treated by the seller solicitously to compliance with legal and regulatory provisions connected with privacy and protection of personal information. The processing of data has for finality the execution of the contract concluded with the client, the administration of customers, the establishment of personalised information campaigns and direct marketing. The client has the right of access and correction of its own data, and can at all moment, make opposition for free to its data being used for direct marketing,
b. No person under 18 will be able to be considered for any purchase.
c. As soon as you have become clients of our company, you could be addressed some our commercial offers by all means, email included, if we deem it as bearing some interest to you. If you do not wish to receive these offers, a link to unsubscribe automatically will always be available at the bottom of our messages.
11. APPLICABLE LAW, COMPETENT JURISDICTION :
a. We engage ourselves to respond personally to any dispute from the client in a maximum timeframe of 14 days starting from the day of reception and to look for the best solution to both parties..
b. All our online sales and client relations are exclusively are subject to Swiss Law, in particular relative to the articles 184 (and the ones that follow) of the Code Des Obligations Suisse, at the exclusion of any foreign legislation for clients outside Switzerland.
Espace-Création is established in Sion, Suisse under Swiss Law.