Terms and conditions "MELLEDENEVERS"
Article 1: object
The purpose of these general conditions is to define the rights and obligations of the parties within the framework of the online sale of goods and / or services, offered by the seller to the consumer. The seller reserves the right at any time to modify these general conditions by publishing a new version which will be applicable to all orders placed after its first posting on the site "www.melledenevers.ch".
By "consumer" is meant any individual acting for the satisfaction of his personal needs and domiciled in the territory of Switzerland.
The present general conditions express the conditions under which the company Melledenevers hereinafter referred to as "the seller" offers or ensures remotely and by electronic means the supply of Melledenevers products to consumers according to the federal law against unfair competition (LCD; RS). 241) and the Ordinance on the Indication of Prices (OIP; RS 942.211).
The consumer declares to have read the general conditions of sale before ordering and to have accepted them without reservation. No general or specific condition appearing in the documents sent or given by the consumer may be incorporated herein without the express written consent of the seller.
Article 2 - Contractual documents
This contract is formed by the following contractual documents, presented in hierarchical order
descending: the electronic order form; these general conditions. In the event of a contradiction between the provisions contained in documents of different ranks, the provisions of the higher ranking document shall prevail.
Article 3 - (*) Identification of the seller responsible for the offer
In accordance with legal provisions, the following information is specified:
Anne-Julie Lagneau Merlier craftsman and representative of Melledenevers
078 216 16 94
Route de Saint Cergue 106 B
1260 Nyon - SWITZERLAND
Article 4 - Entry into force - duration
These general conditions come into force on the date of signing the order form on our website. These general conditions are concluded for the period necessary for the supply of the goods purchased, until the expiry of the guarantees owed by the seller.
Article 5 - Electronic signature
The consumer's "double click" on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature; it being specified that by the first click, the consumer confirms his order and that, by the second click, he accepts it definitively after having verified it. The order will only be saved after the second click.
Any order signed by the buyer constitutes a firm and final commitment.
Article 6 - Proof of the transaction
The computerized registers, kept in the computer systems of the seller under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 7 - Product information
7-a: The seller presents on his site the products for sale with the necessary characteristics which provides the possibility for the potential consumer to know before the final order is taken the essential characteristics of the products he wishes to buy.
7-b: The offers presented by the seller are only valid while stocks last.
7-c: In case of unavailability of the ordered product, the seller informs the customer immediately, and can offer him a product of equivalent quality and price.
In the event of the consumer's disagreement, the seller shall reimburse the sums paid without delay.
Article 8 - Price
The prices are indicated in Swiss francs and are only valid on the date of dispatch of the order form by the consumer. They do not take into account the delivery costs, invoiced in addition and indicated before the validation of the order. The prices are expressed inclusive of VAT, including the VAT applied on Swiss territory on the day of the order. Payment of the full price must be made when ordering. No deposit or down payment will be accepted.
Article 9 - Method of payment
To pay for his order, the consumer has his choice of all the payment methods referred to in the order form. The consumer guarantees the seller that he has the necessary authorizations to use the chosen payment method, when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by credit card from officially accredited bodies. The seller also reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully paid a previous order or with whom a payment dispute is in progress.
Article 10 - Terms of delivery
The products are delivered to the address indicated by the consumer on the order form and only in Switzerland, within the time period specified in the order. The consumer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address by validating the option provided for this purpose on the order form.
As far as shipping is concerned, it is carried out by the Swiss Post which provides a tracking number. As soon as a shipment is made, the consumer immediately receives an email informing him and can follow the delivery of his order at any time. However, as with any shipment, there may be a delay in delivery or the product may get lost. In the event of a delay in delivery compared to the date indicated in the dispatch email, the consumer is asked to report this delay by email to the seller who will then contact the carrier for an investigation to be carried out.
The seller declines all responsibility for the extension of delivery times due to the carrier and any loss of the Post.
Article 11 - Delivery errors and product verification
11-a: It is up to the consumer to check the number and condition of the products upon receipt. In case of damage or missing, to make the usual reserves with the carrier within the legal period of three working days from delivery and to inform the seller within the period of 7 days.
11-b: The consumer must formulate with the seller, within 7 days, any claim of delivery error and / or non-conformity of the products in kind or in quality compared to the indications appearing on the order form. . Any complaint made after this deadline will be rejected.
11-c: The formulation of this complaint with the seller can be made as a priority by e-mail, specifying the order reference and full contact details.
11-d: Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability towards the consumer.
11-e: In the event of a delivery error and / or non-conformity or in the hypothesis referred to in point 7-c, any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging. origin, with tracking, to the address indicated after written request made by e-mail. To be accepted, any return must be notified in advance by e-mail to the seller's Consumer Service. Return costs are the responsibility of the seller.
Article 12 - Right of withdrawal
The consumer can return merchandise that does not suit him and obtain reimbursement of the amount of his invoice up to 14 clear days from delivery for the sale of the good. Only the unused product will be taken back or exchanged and returned in its original box, intact, properly packaged, in perfect condition suitable for resale, accompanied by any accessories, instructions for use and documentation, as well as the corresponding invoice. These conditions are cumulative.
This withdrawal does not require justification. The shipment must take place within the legal deadline, postmarked with the tracking number as proof. The package must be sent to the address which will be given to you by customer service via the withdrawal form.
Return costs resulting from the exercise of the right of withdrawal are the responsibility of the consumer. Consequently, the postage must be sufficient, to avoid any penalty on receipt. Otherwise, the penalties will be deducted from the refund. Cash on delivery packages are systematically refused.
Please note that personalized products made to order are not affected by the right of withdrawal.
Article 13 - Product warranty
The products sold are artisanal, created in the Melledenevers workshop in Nyon, Switzerland.
Article 14 - Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as a fortuitous event or force majeure, all facts or circumstances external to the parties, unpredictable, irresistible, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware, by e-mail. The two parties will then approach each other, within a period of one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued or if the consumer decides to terminate the contract. The seller then undertakes to reimburse him for the sums paid within thirty days of notification by registered mail (by email) of his wish to terminate the contract.
Expressly, the following are considered to be force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of Swiss courts and tribunals:
blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning;
the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Article 15 - Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
Article 16 - No waiver
The fact, for one of the parties, of not invoking a breach by the other party of any of the obligations referred to in these general conditions, cannot be interpreted for the future as a waiver of the obligation in question.
Article 17 - Data-processing law and freedoms (confidentiality of personal data)
17-a: Use of order data. The seller exclusively uses the order data for its preparation and follow-up in customer service. All customer data is stored and used by the seller only, in accordance with the Data Protection Act of January 6, 1978.
17-b: Right of rectification. The consumer has, at any time, a right to correct or delete personal data stored in the computer system of the seller. To do this, all he has to do is send an e-mail to the following address email@example.com.
17-c: Sharing of personal data. The seller does not transmit personal data, including postal address and e-mail address to a third party without the consent of the holder. This authorization is revocable at any time. Direct partners who allow the processing of the order are excluded; the seller takes the necessary security measures to protect the data in his possession against accidental or deliberate manipulation, loss, destruction and against access by unauthorized persons. However, the seller cannot guarantee perfect security when exchanging data on the Internet: any action taken by the consumer is at his own risk.
17-d: It is the responsibility of the user of the site to take all appropriate measures to protect their own data and / or software from contamination by any viruses circulating on the Internet. The seller declines all responsibility for any damage that may occur while viewing the site.
Article 18 - Settlement of disputes
These general conditions are subject to Swiss law. This is the case for the substantive rules as for the formal rules. In the event of a dispute or complaint, the consumer will first contact the seller to obtain an amicable solution.