1. Business activity
(1) All business relations between Magali Riom (hereinafter referred to as “Vendor”) and any person placing an order (hereinafter referred to as “Customer” or “Customers”) shall be governed exclusively by the following Terms and Conditions in the version valid at the time of order placement. The Vendor shall not accept any other Terms and Conditions proposed by the Customer.
(2) The Vendor reserves the right to add to, modify or delete these Terms and Conditions at any time.
2. Offer and contract conclusion
(1) By placing an order through clicking the “Buy” button, the Customer makes a legally binding offer to conclude a contract which the Vendor accepts by shipping the ordered products without further confirmation needed.
(2) The information provided or selected by the Customer shall determine delivery scope and execution. The contract shall be governed by the conditions (price, shipping costs) stipulated in the corresponding offer.
(3) Each order shall be limited to a maximum of five products. The Vendor may unilaterally reject and/or cancel any order exceeding five products. The Customer shall receive separate notification of order cancellation.
(4) The Customer shall only be permitted to purchase products for private use. Any resale for professional purposes is prohibited. The Vendor reserves the right in such case to take legal action in accordance with applicable trademark law. If the Customer wishes to purchase more than five products at a time or to resell them within the scope of its business activities, it shall contact the Vendor via e-mail at email@example.com in order to place an individual order. If the Customer fails to contact the Vendor or places several major orders within a short period of time, the Vendor may unilaterally cancel said orders.
3. Product colours
(1) The Vendor shall endeavour to reproduce the colours of products as illustrated. However, slight differences between the colours illustrated and the finished product may occur. These differences are mostly due to varying display configurations and do not represent a defect. For questions regarding products, please contact the Vendor at firstname.lastname@example.org.
(2) Please note that the Vendor’s products are made of recycled materials, which may lead to minor inconsistencies in terms of material quality and color.
4. Price, payment and invoicing
(1) Prices are quoted in Swiss francs and in Euros.
(2) Prices are indicated in Swiss francs for orders shipped to Customers in Switzerland or Liechtenstein. Prices are indicated in Euros for orders shipped to member states of the eurozone. Prices are indicated in Swiss francs for orders shipped to any other country.
(3) Delivery shall be subject to prior payment, which can be made by credit card (Visa, Mastercard, American Express) or Paypal. Swiss Customers may also pay via wire transfer.
(4) Once the Vendor has validated the order and received payment, an e-mail will be sent to the e-mail address previously provided by the Customer. Said e-mail will indicate product type, quantity and price per unit.
5. Conditions and time of delivery
Non-binding delivery periods by region (indicated in business days, Monday through Friday):
Switzerland: 1 to 3 days
Europe: 3 to 7 days
Rest of the world: 4 to 10 days
Shipping costs: Shipping costs depend on freight weight and are indicated in the shopping cart.
Additional costs: For deliveries outside Switzerland and Liechtenstein, customs duties, VAT and import taxes shall be payable by the addressee upon receipt of delivery.
Delivery method: Deliveries are performed by Swiss Post (no P.O. Box or packing station). For more information, please visit http://www.post.ch
Please feel free to contact the Vendor from Monday through Friday by e-mail at email@example.com should you have any further questions.
6. Exchange and return policy
If unsatisfied with the purchased product, the Customer can return said product without reason and in accordance with the provisions set forth under this clause upon presentation of proof of payment, i. e. the invoice, within 30 days after receipt of the product.
Direct exchange is not possible.
Returns: Only the price of the returned product shall be refunded. No refund shall be granted for customs duties, import taxes or any shipping costs invoiced during the order process.
Products must be returned free from traces of use. The Vendor shall check returned items for defects.
Returns shall be rejected if:
- the product exhibits visible traces of use;
- the product has been damaged during transport.
No refund shall be granted in case of loss during transport. The Vendor therefore highly recommends entrusting the products to be returned to a transport company providing shipment tracking.
Quality defects: If the product exhibits quality defects or was not ordered by the Customer, the Vendor shall refund the purchase price as well as any shipping costs invoiced during the order process.
The Vendor shall check any quality defects of the returned items.
No refund shall be granted in case of:
- exceptional circumstances such as natural disasters;
- visible traces of use;
- defects caused by the Customer or third parties;
- extreme use or damage caused by the Customer;
- traces of normal use;
Returns: The Customer must bear the shipping costs for product returns.
All returns must be addressed to:
Rue du Village-Suisse 8
1205 Geneva, SWITZERLAND
Refund: Refunds shall be made via the same channel through which the Vendor received payment from the Customer. The Customer shall provide the Vendor with its bank details in order to receive its refund.
If the prices stated on the Vendor’s website are incorrect as a result of technical problems or input errors, the Vendor shall have the right to cancel orders placed on its website. Orders can be cancelled within 24 hours after order placement. A refund shall be granted for the amount paid less any transaction fees incurred through the payment method chosen by the Customer.
8. Rights of the Vendor
Should the Customer provide inaccurate information regarding solvency the Vendor shall have the right to withdraw from the contract in its entirety or with regards to undelivered items or pending services.
9. Retention of title
The delivered products shall remain property of the Vendor until the purchase price and any related costs have been paid.
(1) If a product is defective, warranty rights as specified under law shall apply. The Customer can choose to exchange the product, withdraw from the contract or take advantage of a purchase price reduction to be arranged with the Vendor.
(2) Provided that this complies with regular business practice, the Customer must check the quality of the delivered product and immediately notify the Vendor of any defects for which the Vendor might be responsible. Otherwise, all rights of the Customer as indicated under section 9 (1) shall be excluded.
(3) Unless otherwise stated below, any other rights of the Customer shall be excluded regardless of legal basis. The Vendor shall not be held liable for any damage for which it is not responsible, especially any possible loss of earnings or any other financial loss suffered by the Customer. Any exclusion of the Vendor’s liability shall also apply to its employees, representatives and agents. The Vendor’s liability shall not be limited as mentioned above if said damage was caused intentionally or under gross negligence on the part of the Vendor, involves physical injury or if the Swiss Product Liability Act should apply. The warranty period shall be twelve months from date of delivery. The warranty period shall be subject to extinctive prescription and shall also apply to compensation claims arising from any defect to the extent such claim is not asserted on the basis of unlawful acts.
(4) The Vendor shall only be held liable for any other contractual breaches if these are caused intentionally or under gross negligence on the part of the Vendor. The above shall also apply to the Vendor’s legal representatives, management, staff, partners and vicarious agents.
(1) Data is encrypted using proven SSL technology. Each transaction is authorized and reviewed online by the issuing credit card company. It is not possible to use blocked credit cards or credit cards that have been tampered with in any other way. The Vendor shall not sell nor pass on its Customers’ personal data to third parties unless necessary for logistical reasons (transport partners).
(2) The Customer can delete or modify its personal data at any time by sending a request to the Vendor via e-mail at firstname.lastname@example.org.
12. Protection of intellectual property
The Vendor’s brands, trade names, designs, products and website contents are protected under applicable copyright. Any modification, reproduction, copy or use whatsoever shall be prohibited.
13. Final provisions
(1) For Customers from Switzerland: These Terms and Conditions and any contracts concluded on the basis of these Terms and Conditions are governed by Swiss law. Place of jurisdiction is Geneva, Switzerland.