GENERAL TERMS AND CONDITIONS OF SALE
GENERAL TERMS AND CONDITIONS OF SALE
(hereinafter referred to as “GTCS”)
Please take a moment to read theseGTCS carefully. These GTCS governthe contractual relationship between you and SwitchTime.ch and are an integral part of the contract. TheGTCSare applicable to any order placed through the SwitchTime.ch website. Please note that before ordering any items on SwitchTime.ch, you will be asked to acknowledge that you have read, understood and accepted, without reservation, theseGTCS. If you disagree with theGTCS, please refrain from ordering through SwitchTime.ch.
These GTCS apply to any sales of products or services that you can order, for a limited time, on SwitchTime.ch.In the GTCS, the terms "SwitchTime.ch," "we," "our" and "our" refer to Switch Time Toninelli, an individual reason under Swiss law on the trade register of the canton of Neuchâtel. "You," "your" and "your" refer to anyone using or accessing the website.
UPDATES TO THESE GENERAL tERMS AND CONDITIONS OF SALE
We may make changes to these CGVs at any time by publishing a new version on the SwitchTime.ch website (which cancels and replaces the existingversion). Please check them regularly to stay up to date with updates.
CONDITIONS FOR PURCHASE
Only people who have reached the age of legal majority, have the discretion to conclude contracts, are not under legal guardianship and who use a shipping address in Switzerland can order and benefit from a combined offer via SwitchTime.ch.
By placing an order through SwitchTime.ch, you represent and warrant that you are to be a bona fide end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.
PRODUCT AVAILABILITY AND QUANTITY
Our delivery commitment is zero in case of failure or non-compliance with supply deadlines from our own suppliers, and that SwitchTime.ch is not responsible for this unavailability. If a product is unavailable, we will let you know as soon as possible. Thus, all orders placed on SwitchTime.ch are subject to availability and our acceptance of these orders.
A combined offer order on SwitchTime.ch consists of a purchased product and a gift (product and/or service), which you choose from three proposals (within available stock limits). The combined offers are offered on the principle of a "flash" sale, namely a time-limited sale, indicated according to the countdown visible on our website.
Once the countdown is complete, the combined offers end and will no longer be available.
ACCOUNT REGISTRATION AND GUEST CHECKOUT
To place an order, you have two options. Register by creating an online account or ordering as a guest. If you place an order under the "Guest" option, SwitchTime.ch reserves the right to create an account in its internal system to record the purchase.
By creating an online account on SwitchTime.ch, you'll be able to access your transaction history from the date your account was created.
You have sole responsibility for the accuracy of the data you provide when you check in on SwitchTime.ch.
You must provide a valid email address on which all communications relating to the order will be sent. You need to ensure that you keep this address in effect and to read the emails sent to it. Any communication made to you by email will be considered received on the date and effective time of receipt, but no later than 24 hours after it is sent by SwitchTime.ch.
You choose, when you register, or you are assigned, in case of reset, a password, strictly confidential, allowing you to place order. You are solely responsible for the use, retention and security of your password, which you can change at any time on SwitchTime.ch. You are responsible for any order placed, even without your knowledge, using your password.
The order process on SwitchTime.ch will include the following:
- Add to Shopping Bag: Once you have chosen the product and your gift package, you may place them in your shopping bag.Placing an item in your shopping bag does not guarantee availability for purchase,which is not confirmed until you receive a Shipping Confirmation.
- Guest/My Account Checkout: When you are ready,you then proceed to checkout, either as a guest or through your registered account.During the Checkout process, you can still remove the selected product and gift from the shopping bag. To change your choice, you need to remove your shopping bag and start the order process again.
- Delivery, Review and Payment: As part of the checkout process, you add and review your order details and personal information (including e-mail, shipping address, billing address and payment information).You should carefully check and confirm all details on the order summary page before continuing to the next step.
- Placing of Order: By placing an order, you make us a firm and definitive offer to buy the product with the selected gift.The sale is accepted, and the contract is concluded only when we send you theOrderConfirmation.The data recorded by SwitchTime.ch is irrefutable proof of order.
We reserve the right, in our sole discretion, to refuse, cancel orterminate orders at any time on reasonable grounds.
PRICES, TAXES AND SHIPPING COSTS
Unless otherwise stated, all prices listed on SwitchTime.ch are in Swiss francs (CHF), applicable VAT included, but excluding possible shipping costs and/or any other taxes.These prices are only valid on Swiss territory.
We reserve the right to change prices and delivery costs at any time and without notice.
We ensure that product prices and delivery costs are correct at the time the relevant information has been entered into the system. However, despite our reasonable efforts, it is still possible that the price of some of the proposed products or the delivery fee may not be accurate. If the price of any of the products you order or the shipping costs are inaccurate, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact information you provided during the order process, we will cancel the order and notify you by written. If we accept your order by mistake and process it when there is an error in the rates indicated or the shipping costs, we may cancel the supply of the product and refund the amounts you paid.
Any order offer is subject to the payment in advance of the full entire amount, as well as the possible shipping costs. For payment, you have different options.
You bear the risk of a malfunction of the payment system, at our entire discharge. We accept the means of payment identified as part of the order process. Depending upon the methods of payment, we may require additional information, including specific forms of identification.
If you choose the method “pay by card”, you will need to include your payment details on the appropriate form. All payment card holders are subject to validation check and authorization procedure by the card issuer. If your payment card issuer refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem.
Other means of payment may also be subject to validation checks and authorization procedure for the payment system providers. You expressly authorize us to perform security checks if we deem it necessary, to transmit or occasionally obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to, your payment card details, in order to authenticate your identity, to validate your payment card, to obtain an initial payment card authorization and to authorize individual purchase transactions.
The total amount of your purchase will be blocked on your payment card until you will be sent a Payment Confirmation and your payment card will be charged the applicable purchase price.
You may also use the payment method by bank wire by selecting the corresponding case during the Checkout Process. Upon receipt of your payment, you will be sent a Payment Confirmation.
If we offer PayPal as a means of payment, the total amount of your purchase may be debited on your payment card immediately following the placement of your order. Pre-payment will not affect your legal rights under these GTCS (including, for example, any right of refund). If we are unable to meet our shipping and/or delivery obligations set out below, we will notify you by email andwe will refund the pre-payment without unduedelay.
Once you have made your choice and placed your order, you will receive an Order Confirmation (by e-mail, confirming the details of your order together with an order reference number). Be sure to keep this order reference number for any future requests or search for information about your order. This Order Confirmation is not an acceptance of your order. Once you receive the Order Confirmation, it is your responsibility to review it and confirm that it accurately reflects your order intentions. If you have any questions or concerns or if the Order Confirmation does not reflect your intentions, you should contact us promptly by email at firstname.lastname@example.org.
We only accept orders to be delivered in Switzerland. Please note that we do not ship to certain addresses, such as military areas, certain restricted areas, withdrawal points or post boxes.
We will send you a Shipping Confirmation at the time of shipping your order and a tracking number (if any). This Shipping Confirmation constitutes our acceptance of your order, indicating the existence of a binding sales contract.
The products are shipped to the delivery address that you will have indicated to us during the order. You are solely responsible for the accuracy and timeliness of the address listed. We cannot be held responsible for the absence of delivery of a product if an incorrect or non-operating address is indicated.
We will require a handwritten or electronic signature by you, or a person at the indicated delivery address to confirm the delivery of each product, at which point the risk and liability of the products you have purchased are transferred to you. If you have indicated a recipient other than you for delivery (for example, if it is a gift), you understand and accept that a signature of that recipient (or a person at the delivery address) constitutes a proof of delivery and payment of the sales contract by SwitchTime.ch, involving a transfer of responsibility to the recipient, as if the product had been delivered to you.
If a package is returned to us by the carrier because of an unsuccessful delivery, you are notified by e-mail sent to the address indicated at the time of your order. Without any news from you within three months of sending said e-mail, the order is cancelled and we are then released from our obligation to deliver the goods and the amount paid may be retained as a conventional penalty, this for the balance of all accounts and claims in connection with the order concerned.
You bear the transportation costs and risks associated with returning an unclaimed package and/or re-shipping, as well as the risks inherent in storing the returned goods. Before any re-shipment, we will ask you to pay the related costs.
We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of our Shipping Confirmation, and in all cases within 30 days after that date. However, this limitation period is purely indicative and non-contractual.
If the delivery of the package is delayed by an event outside our control, we will inform you as soon as possible and will use reasonable efforts to minimise the consequences of the delay. If we do not deliver within 30 days from the date of the Shipping Confirmation or any other time limit we indicate, you may contact us by e-mail at email@example.com to cancel the relevant order and get a refund of the sum you have paid us.
(a) Right to cancel
You have the right to cancel the contract created by our written Order and Shipment Confirmation without giving any reason 7 days from the date you acquire, or someone you nominate (other than the carrier) acquires the physical possession of the products of your order.
To cancel the contract and return your products, you must send us an unequivocalstatement by email at firstname.lastname@example.org.
(b) Return process
Products purchased on SwitchTime.ch may only be returned at the address of our Customer Service, Faubourg du Lac 9, 2000 Neuchâtel, in accordance with these GTCS.
To return us a product, you must follow those next steps:
- Send us in writing an unequivocal statement as indicated above ((a) Right to cancel).
- Drop off your parcel at any Swiss Post Office during the return period. You may be asked at this stage to provide information about the product so that we can make an initial assessment of its condition.
- You must include in the delivery package, the product, along with all its accessories, the free items you received as part of your order, the Service Guide, the Warranty Card and all other documents, in their original box.
You must keep proof of the return shipment, and we disclaim any responsibility in case you are unable to provide that proof.
(c) Product return conditions
We will verify that the returned product satisfies the returns conditions describing here below and, if so, then proceed with the refund.
Items must be returned intact, new, complete in their original packaging, accompanied by the delivery slip, equipped with all protective materials in place and tags and stickers attached to them (if applicable), including all accessories and documents. We reserve our right not to accept any return if the product shows signs of wear, or has been used or modified in relation to its original state in any way or, as an alternative, may reduce the amount of any applicable refund.
Free items and/or gifts offered as part of your order must be returned with the products. If any of these items or gifts have already been used, the return will be refused.
All returns will be submitted by us and those of each partner brand to a rigorous Quality Control to ensure that the returned products satisfy these quality requirements. If the products do not meet Quality Control standards, we will refuse the return, and the products will be sent back to you. If the returned product satisfies the Quality Control, we will proceed with the applicable refund.
Failure to comply with these GTCS will give us the right to refuse the returned product and send it back to you at your own cost.
You may return a purchased product on SwitchTime.ch for a refund, provided the return complies with these GTCS, in particular (a) Right to Cancel, (b) Return Process and (c) Product return conditions above.
Only the buyer will be entitled to receive a refund of the purchase price. A person who has received the product as a gift (i.e. a "Gift Recipient") will not be entitled to receive a refund. If you are a Gift Recipient and would like to return a product, please contact the Customer Service to discuss your options.
If the return complies with these GTCS, we will make reasonable efforts to refund the purchase price to the buyer using the same means of payment that he used to settle the original transaction. Except in the case of a delivery of a defective product by us, any initial shipping costs will not be refunded.
MANUFACTURER'S GUARANTEE AND RESPONSIBILITY
When you receive your order, you must immediately inspect the delivered product.
If so, before signing the carrier's delivery order, you should check if there are any apparent defects at the time of delivery (for example, delivered product that does not correspond to the ordered product, incomplete product, etc.). In case of apparent defects, you (or any other person receiving the goods for you) must indicate it on the delivery order, in the form of a handwritten reserve accompanied by your signature. In the absence of such a reserve, such defects will be considered accepted.
In the case of defects that are not apparent at the time of delivery with signature, you must notify us of any defect within 3 working days from the moment you become aware of the defect, otherwise the defect will be considered accepted.
The goods ordered on SwitchTime.ch are guaranteed by their manufacturer, in accordance with the specific terms and conditions set out in the original documentation delivered with the goods or available from the manufacturer. SwitchTime.ch is not the manufacturer or repairer of the products offered on its website. It is up to you to inform yourself of the details of the warranty directly from the manufacturer. The manufacturer is the sole debtor of the guarantee, excluding SwitchTime.ch. Under no circumstances do we guarantee the warranty offered by the manufacturer.
The warranty takes effect on delivery date of the item, justified by the accompanying document (invoice) that we will ask you to keep carefully. Not covered: damage due to poor maintenance, non-compliance with instructions, or normal wear and tear.
We try to ensure that the information, including product descriptions, dimensions and colors we provide, is accurate. However, we make no guarantees, explicit or implied, as to the accuracy, reliability and completeness of such information.
The gift (service) you have chosen during your order is, apart from certain exceptions, organized by our partner, ailes - Manuel Chablais, Impasse des Remparts 2, 1470 Estavayer-le-Lac (hereafter "ailes"). The product ordered will be delivered with a "voucher" to be used at "ailes". This voucher is personal and non-transferable. Within 3 business days of receiving your merchandise, an "ailes" employee or any other organizer of the chosen gift will contact you to finalize the organization of the service provision. If you wish, you may also contact them directly, by email or by phone (for "ailes": email@example.com or 022/548.14.41) as soon as you receive your order.
The “voucher” must be validated at "ailes"or any other organizer of the chosen gift,within three months, upon receipt your order. The gift (service) chosen among the proposals must be completed within one year, from the receipt of your order.With "ailes" or any other organizer of the chosen gift (service),concerning only gifts with free choice of dates, you will need to finalize the booking of hotels, activities, restaurants, transportation tickets or any other booking related to the concerned gift, on the date you have chosen, subject to availability that you will be communicated and confirmed by "ailes" or any other organizer of the chosen gift.
The handing over of the gift package when you order on SwitchTime.ch in the form of a "voucher" terminates the transaction between you and SwitchTime.ch and frees SwitchTime.ch from any responsibility in this regard. Any responsibility related to the organization and realization of the gift (service) is thus transferred to "ailes" or any other organizer of the chosen gift (service).Thus, thegeneral terms and conditions of "ailes" or any other organizer of the chosen gift (service) are applicable for the rest.
If "ailes"or any other organizer of the chosen gift (service)cannot reach you at the email address you used to place your order on SwitchTime.ch or at your telephone number (as long as you have registered it on our site), and without news from you within 15 business days of receiving your order, an email will be sent to you by "ailes" or any other organizer of the chosen gift (service), asking you to contact them within 15 business days, otherwise your gift (service) will be cancelled. Without news from you in a final deadline, the gift (service) will no longer be able to be realized and SwitchTime.ch will not be held responsible.
MODIFICATION OF THE CHOSEN GIFT
Changes at your expenses may, after ordering, in certain cases and under certain conditions, be made to yourgift (service) in agreement with our partner "ailes" or any other chosen gift organizer, which you will have to contact if necessary.
If a provision of these GTCS is found to be illegal, invalid or unenforceable, that provision shall be deemed not to form part of these GTCS, and the legality, validity or enforceability of the other provisions of these GTCS will not be affected, unless otherwise required by operation of applicable law.
These GTCS constitute the entire agreement between you and us regarding the order of combined offers.
We do not accept liability for any failure or delay in performance or non-compliance with our obligations under these GTCS, arising from any cause beyond our control.
Our waiver to assert the violation of any provision of these GTCS cannot be construed as a waiver to assert any other or subsequent breach.
This contract is between you and us. No other person shall have the right to enforce any of its terms. However, if you purchase a combination offer as a gift, the recipient of your gift will also benefit from the gift (service) offered and the applicable Partner Brand Warranty on the product.
APPLICABLE law and jurisdiction
The contract between you and SwitchTime.ch is subject to Swiss law.
For any dispute concerning contracts between SwitchTime.ch and yourself, the exclusive place of jurisdiction is Neuchâtel.
These GTCS are written in French and English. In case of discrepancies, the French version will prevail.
If you have any questions or comments regarding these Terms of Sale, or on general matters, please contact us at the address below.
Switch Time Toninelli
Faubourg du Lac 9