1. FIELD OF APPLICATION
1.1. The range of goods that we offer in our online store is aimed at consumers who usually reside and have a delivery address in Switzerland (hereinafter referred to as "customers").
1.2. The operator of the online store accessible under www.clother.ch (hereinafter referred to as “online store” or “seller”) and your contractual partner is the company:
JUST GREEN SARL
36, chemin du champ des Filles
1228, Plan-les-Ouates
Swiss
1.3. These General Conditions of Sale (hereinafter referred to as “GTC”) apply to all contracts concluded between you in your capacity as a customer and us in our capacity as operator of the online store www.clother.ch (hereinafter referred to as “GTC”). -after referred to as “seller” or “CLOTHER”). As part of ordering operations, you acknowledge the General Terms and Conditions in their version in force at the time of placing your order. To be binding, all oral or telephone agreements must be confirmed in writing. This written form requirement is also met when a statement is contained in an email.
2. CONCLUSION OF THE CONTRACT
2.1. The offer to conclude a sales contract comes from the customer, when the latter, after having completely completed the order page, clicks on the “Buy” button. The customer remains bound to his order for one week. The contract is obligatory if we accept the order during this period in accordance with paragraph 2.3.
2.2. After sending his order, the customer receives an automated email by which we confirm that we have received the order (order receipt confirmation). This confirmation of receipt of order serves only to inform that we have received the order.
2.3. A valid contract is only formed if we declare that we accept the contract. We declare acceptance of the contract by sending an invoice to the customer and confirming the order (order acceptance confirmation).
2.4. The contract is only formed for the items expressly shown on our invoice, on the order acceptance confirmation or on the shipping confirmation. This also ultimately results in the volume of the service.
2.5. The contract is concluded in French. The data stored by us serves as proof of the conclusion of the contract and the transaction.
2.6 If an ordered item is not available, the Seller reserves the right not to accept the customer's order, with the result that no contract is concluded. The customer is informed by email. If it turns out, after the conclusion of the contract, that part or all of the items ordered cannot be delivered for reasons not attributable to the Seller, the Seller is entitled to withdraw in whole or in part from the contract. . The customer is informed in writing. Any amounts already paid for the corresponding items are either fully refunded (in the event of a complete withdrawal from the contract) or up to the price of the items which cannot be delivered (in the case of a partial withdrawal). The customer cannot assert any other claim.
2.7 To order on the site www.clother.ch, the Customer must identify himself in the online store with his user name or e-mail address and with his password (hereinafter referred to as “data of 'access'; the corresponding user account 'online account'). If the Customer does not yet have an online account, he will be required, during his first online order, to register in the online store with the necessary data.
The access data, communicated to the Client, are intended for personal use by the Client and must be treated confidentially. All orders placed via the online account are assigned to the Customer as the online account holder and are binding on the Customer.
3. PRICE
All prices are net prices in Swiss francs (CHF), VAT included. We reserve the right to modify the prices and conditions indicated on our website, the reference day being the day of the order.
4. DELIVERY SERVICES, PRICES AND TRANSFER OF RISK
4.1 The Seller limits deliveries to the territory of Switzerland and offers 4 delivery and product returns services for customers.
4.1.a. For customers whose employer is a partner of the Seller: The seller offers to deliver the customer to their workplace, and to pick up the product returns, always at the workplace. The specific delivery and return dates and conditions are set by a partnership contract between the Seller and the employer. This delivery service is completely free for the Customer.
4.1.b. For all customers residing in the canton of Geneva, a time slot home delivery service is offered. When ordering, the Customer selects a delivery day and time slot. The Seller delivers the Customer at the chosen time slot (“receipt of the order”), and will collect the items ordered and not kept by the Customer, at the same address (“return of returns”), within a maximum period of 7 days after receipt of the order.
4.1.c For all customers, a “Click&Collect&Return” service is offered. Following his order, the Customer comes to collect his items at the Seller's address ("receipt of the order"), and can come and return the items not kept at this same address ("return of returns"), within a maximum period of time 7 days after receipt of the order.
4.1.d. For all customers, a delivery service to a partner store is offered. Following his order, the Customer is notified of the delivery date of his order in the partner store he selected when ordering. The Customer then has at least 7 days (varies depending on the agreement with the store) to collect their items from the address of the partner store (“receipt of the order”), and return the items not kept to this same address ( “return of returns”).
4.2. Each order will be delivered in reusable packaging, property of CLOTHER, which the customer will be required to return to the Seller when returning the product, under penalty of being charged an additional 20 CHF.
4.3. Delivery takes place provided that we ourselves have been supplied in a timely and proper manner by our suppliers. In the event of force majeure such as strikes and other social movements, riots, war, natural disasters as well as in the event of cessation of deliveries from the manufacturer or an upstream supplier, there is no delay in delivery. The Seller assumes no responsibility for delivery delays attributable to manufacturers or third parties.
4.4. If the ordered goods are not all in stock, we are entitled to make partial deliveries. If it turns out, after conclusion of the contract, that the goods cannot be delivered, either partially or in full, for reasons not attributable to the seller, the customer is entitled to withdraw from the contract.
4.5. Our service consists of an obligation to ship; it is completed upon delivery of the items to the customer or his representative. After delivery of the items, the risk of accidental damage and loss of the goods passes to the customer.
4.6. Order, delivery and return times are as follows:
4.6.a Order deadline: The customer can place an order no earlier than 14 days before the chosen delivery date, and no later than the day preceding delivery, at 2 p.m. deadline.
In the event that the customer wishes to place an order before the opening date of the specific sale for his company, he will be offered to save his order (“wish-list” service) to validate it once the date of opening arrived.
4.6.b. Delivery time: the delivery date is set when finalizing the order, when the Customer selects their delivery method and the day of delivery.
For deliveries to a company and a partner store, the delivery dates are fixed between the Seller and the partner company/store, and the Customer cannot modify these dates (schedule).
For Click&Collect&Return deliveries to the Seller, the Customer will be contacted within 48 hours after their order by the Seller to define a “pick-up” schedule.
For home deliveries, the Customer can choose, when ordering on the site, from several days and time slots to have them delivered.
4.6.c. Return period: The period authorized by the Seller to the Customer to return the clothes that he does not keep varies depending on the delivery methods.
For returns directly by CLICK&Collect&Return from the Seller, the Customer has 7 days from the date of receipt of the order to return what they do not keep.
For returns via partner stores or businesses, the exact time frame may vary depending on the schedule agreed between the Seller and the Store or Company, but will always be a minimum of 7 days from the date of delivery of the order in this shop or business.
For returns directly to home, the Seller goes to the Customer 7 days after delivery.
5. PAYMENT AND RESERVATION OF OWNERSHIP
5.1. Payment of the sale price is made by credit card (VISA, Mastercard and American Express), via the Paypal payment module, integrated into the website www.clother.ch. For all credit card payments, the data transmitted is encrypted.
5.2. When finalizing the order, the Seller does not immediately debit the Customer but only takes a pre-authorization for the total amount of the order. Final payment will be made within 48 hours after return of the returns by the Customer to the Seller, and only for the total amount of the items kept by the Customer.
5.3. In the event that the customer does not return the unwanted items within the allotted time (as defined in 4.1 and 4.2), the Seller will invoice the entire initial order to the Customer, plus 20CHF for non-return of the reusable packaging.
5.4. If no complaint is made about our statements within 14 days from the final invoice date, the balance recorded is deemed accepted.
5.5. As a customer, you only have compensation or retention rights to the extent that your claim has been legally established by a decision which has acquired the force of res judicata or is uncontested. This provision does not deviate from your rights in the event of defects in the item delivered.
5.6. Until full payment of the invoice amount for a delivery (final and unconditional credit entry for the total amount of the sales price), we reserve ownership of the delivered goods in any case. The Seller is entitled to make a corresponding entry in the Register of reservations of title.
5.7. Please note that our online store is primarily intended for the needs of private customers. For this reason, we are unable to subsequently issue invoices, receipts or VAT statements for your online orders.
6. CONTROL AND COMPLAINT OBLIGATION, LIABILITY FOR DEFECTS
6.1. You are required, as soon as the normal course of business allows, to check the delivered products and report any defects noted without delay to our customer service at contact@clother.ch. If you fail to do so, the products are deemed accepted. Acceptance is in any case deemed to have occurred to the extent that the customer has not communicated a complaint by email to customer service within 8 days after delivery.
6.2. Defects that are not identifiable despite proper verification in accordance with the previous paragraph must be communicated by email to contact@clother.ch immediately after being discovered, failing which the products ordered will also be deemed accepted with regard to these defects. .
6.3. The defective product will be returned accompanied by a copy of the invoice and a detailed description of the defect(s). The return address will be communicated to the buyer by email after receipt of their written complaint. Transport costs incurred are the responsibility of the customer.
6.4. We provide a warranty service by eliminating defects, which occurs, at our option, either by the execution of a secondary service, namely the elimination of a defect (rework), or by the delivery of a goods free from defects (replacement supply). The replaced products become the property of the Seller.
6.5. If the secondary service is not successful, the customer is entitled to withdraw from the contract. These provisions do not apply in the event of minor defects. Any right of the customer to a price reduction is excluded. This exclusion of liability also extends to all claims in competition with warranty rights, whether these are rights arising from the contract (article 97 ff. CO), an unlawful act (article 41 ff. CO), contesting the contract for error (article 23 sqq. CO), etc.
6.6. Normal wear and tear and the consequences of inappropriate handling or damage by the buyer or third parties, as well as defects attributable to external circumstances, are not covered by the warranty.
• Items worn, soiled or damaged are specifically excluded from the warranty.
• Improper storage or improper method of washing clothes are not considered warranty claims.
6.7. The customer does not receive any guarantees in the legal sense from the seller. The seller assumes no responsibility for descriptions written by third parties, in particular customers, in the online store, nor for customer comments published in our presence on social networks.
7. RIGHT OF RETURN
7.1. The customer has the right to return the delivered goods within 7 calendar days (from the date of delivery or receipt). The return deadline is respected when the goods are delivered to the Seller on the last day.
7.2. The goods must be placed in their original packaging, be complete with all their accessories and accompanied by the delivery slip as well as a possible guarantee certificate. Any seal must not have been broken.
7.3. The goods must be returned, accompanied by a copy of the invoice that you received by email, according to the terms defined by the delivery methods:
• at the workplace (if his company is a CLOTHER partner), directly to an employee of the Seller, or to an intermediary approved between the company and the Seller, on the date of delivery of product returns
Or
• Directly from the Seller, at 36, chemin du champ-des-filles, 1228 Plan-les-Ouates
Or
• To the representative of the partner store, no later than the deadline for submitting product returns
Or
• At his home, directly to a representative of the Seller (employee or service provider)
7.4. These 2 methods do not generate any costs for the Customer. In the event that the customer cannot use one of these 2 methods, he is then authorized to return the unwanted items to us by post. The costs of returning items are then assumed by the Customer.
7.5. In the event of proper return of the goods, the total price paid will be refunded to the customer, after examination of the goods, by a credit entry. A discount always applies to the payment method used during the purchase. In the event of possible discounts from purchases on account, we will reimburse you the amount by transfer to the corresponding bank account.
8. RESPONSIBILITY
8.1. All cases of contractual violations and their legal consequences, as well as all of the customer's rights, regardless of the title on which they are asserted, are definitively regulated in these General Terms and Conditions. All other rights of the customer – regardless of their legal title – are, to the extent permitted by law, excluded. Neither the Seller, nor its employees and possible vicarious agents assume any liability for damage which has not occurred to the goods themselves, in particular for consequential damage, loss of profit or any other material damage. suffered by the Customer.
9. DATA PROTECTION
9.1. The collection and processing of the Customer's personal data by the Seller is explained in the data protection declaration. This declaration is an integral part of these General Terms and Conditions. The data protection declaration can be viewed here.
9.2. The customer hereby agrees to the storage of personal data entered by him during the use of our website. This agreement also applies to the saving of IP addresses transmitted each time the website is used. No personal data is transmitted to advertisers.
9.3. Finally, the customer declares to agree that the Seller uses the customer's personal data for direct marketing purposes. This includes advertising communication with the customer by email and post.
9.4. By accepting these conditions, the customer confirms the accuracy of the information provided.
10. SAFEGUARD CLAUSE AND MODIFICATION RESERVE
10.1. If individual provisions of these General Terms and Conditions are obsolete or incomplete or their execution becomes impossible, the validity of the other provisions will not be affected. The contractual partners undertake to replace the obsolete provision with an admissible valid provision which, in terms of content, comes closest to their original intention and the economic objective thus pursued.
10.2. Any changes or additions to these General Terms and Conditions require a form enabling proof to be provided in text, such as fax and email. This provision also applies to a change in the written form requirement. As soon as the customer, after a modification, uses the services of the seller, he implicitly accepts the new General Terms and Conditions.
10.3. All other contractual conditions of the customer, in particular those which he declares applicable in conjunction with acceptance of the contract, do not become an integral part of said contract. They are only valid if and to the extent that they have been expressly accepted in writing by the seller.
11. APPLICABLE LAW / JURISDICTION
Swiss law is exclusively applied to the exclusion of the legal conflict of laws rules of the Vienna Convention. The place of jurisdiction is the ordinary courts of the Seller's headquarters.
12. CONTACT
contact@clother.ch
JUST GREEN SARL
Hi-Flow Building
26, chemin du champ-des-filles
1228 Plan-les-Ouates
Swiss
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