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(in case of dispute only the French version of the present GTOS is valid) 1 GENERAL POINTS
2 CHARACTERISTICS OF A "FRED " PRODUCT
3 DELIVERY
4 PRICE
5 IMPORT
6 TERMS OF PAYMENT AND SECURITY
7 DATA PROTECTION
8 ORDER
9 ORDER ACCEPTANCE
10 INVOICING AND CONFIRMATION
11 RIGHT OF RETURN
12 ETHICAL CHARTER
13 OWNERSHIP AND LEGAL JURISDICTION
1 GENERAL POINTS
The sending of an order by the customer implies his agreement with these general
terms of sale in their entirety. The sale contract of FRED articles through
the Internet is concluded between FRED shop - a Second Nature company Sin&Cure
SA - (hereafter called "S&C") - and the customer. The customer
states having the capacity to contract with S&C on the basis of the general
terms of sale shown on the Internet website of S&C (hereafter called "
our website "). The present general terms of sale prevail over all other
terms stated on our website.
2 CHARACTERISTICS OF A "FRED" PRODUCT
All our "FRED " articles are quality products.
The products are sold with no other guarantee than the one offered by the manufacturer.
We use the best means for guaranteeing a faithful color reproduction. Nevertheless,
small color differences may occur between the product and the image, notably
due to the compression of images for use on the Internet.
3 DELIVERY
For each order, the packaging and shipment costs are shown, regardless of the
number of articles bought with each order. In order to let the customer benefit
from a fast and efficient processing by our mail-order sale service, our goods
are generally sent by post within 2 working days to the address you indicated.
If the "FRED " product cannot be sent within
2 days, a new time limit shall be communicated to the customer within 48 hours
following his order. From then on, the customer has the possibility to cancel
his order within 48 hours if he considers that the new deliver y time is too
long. Without any news from the customer in the above-mentioned interval, the
orders shall be automatically validated. Deliveries are not limited to Swiss
territory. In Switzerland there are no deliveries on Sundays, national and regional
holidays. We decline all responsibility with regard to the progress of the order
and the delivery of "FRED " articles. In case
the transmitted information is incorrect, our company shall not be liable for
the impossibility of delivering and respecting lead times. In case of problems
with postal deliveries, our company declines all liability. For sales outside
Switzerland, customs duties and other possible taxes are to be paid by our customers.
4 PRICE
The prices of "FRED" products invoiced to the customer are those valid
on the order date, figuring on the order confirmation. All our prices are given
in Swiss francs and in Euro.
5 IMPORT
The customer is the sole responsible for all processing steps necessary for
importing the goods in his country in accordance with the valid legislation.
He confirms being legally of age and having the right and capacity to order
the goods. He also guarantees that he previously informed and assured himself
that the order does not violate any provision of the legislation valid in the
country of delivery or in which the buyer resides and that all transmitted information
is correct.
6 TERMS OF PAYMENT AND SECURITY
When a customer orders an article "FRED" on our
site, all the payments carried out are protected. S&C uses the system of
payment per Credit card of Klik & Pay. This integrated system in our site
is an highly secured specialized payment plateform secured in Gateway serveur
mode, with certificate of authentication. The confidential data ( customer identity
and credit card figures) are stored only by the bank parnters on highly secure
servers. The payments can be carried out by bank card VISA, MASTERCARD/EUROCARD
or AMEX without additional expenses.
The protected procedure of payment per Credit card Klik & Pay is based on
the protocol of encoding of the data: SSL 128 bits protocol, RC4 type with 1024RSA
certificates, true reference on the matter. This procedure, managed by ATOS
(data-processing company of engineering), consists with crypter information
on your own terminal, before even their transfer via Internet.
Payment is validated with the order. In case the goods are returned, S&C
opens a credit on the customer's account allowing him to order afterwards new
articles without any expenses. If the customer wishes to be refunded, S&C
shall previously deduct 10 % of the amount already paid to cover its expenses.
In order to allow complete freedom in the modes of payment, S&C offers the
possibility to pay with an invoice. Invoicing expenses are also shown; S&C
only allows payment with an invoice to persons having a legal address in Switzerland,
with the exception of post-office boxes. Payment should be carried out at reception
of the goods or according to a special agreement in case of deliveries of more
than 10 articles. Eventually, at the 1st reminder, CHF 10 or 7 € shall
be invoiced to the buyer and CHF 25 or 17 € at the 2nd reminder. Eventual
procedural and recourse costs are to be paid entirely by the customer.
For amount bigger than CHF 1'000.-, a prepayment is needed (Bill with prepayment)
and the payment method "with credit card" won't be available.
7 DATA PROTECTION
The customer permits the recording by S&C of the personal data he transmitted
to S&C within the framework of this contract. The customer's personal data
are exclusively recorded for facilitating the purchase of new "FRED " articles by the customer and guaranteeing correct processing
of the business transaction (art. 4 par. 3 DPL). Personal data of customers
are treated in a confidential and secure manner (art. 7 DPL). In no case shall
these data be transmitted to third parties.
8 ORDER
The contract comes into force after transmission of the order by the customer
and its validation. From then on, cancellation of the order is only possible
if S&C cannot send the goods within 2 days and if the customer rejects the
new delivery time proposed by S&C.
9 ORDER ACCEPTANCE
The order is accepted after it is received and its validity is checked. When
sending the order, the buyer automatically acknowledges that he knows and accepts
the general terms of sale. In exceptional circumstances, such as insolvency
or erroneous information, S&C reserves the right to refuse or accept a customer's
order.
10 INVOICING AND CONFIRMATION
Each customer receives an order confirmation first by e-mail and then by post
when the goods are being sent. If the customer did not place his order through
the Internet, only the invoice shall be regarded as an order confirmation.
11 RIGHT OF RETURN
Customers have the right to return goods within 7 days starting from the day
the goods arrived at his address. In case the customer is not fully satisfied,
he has the possibility to return the goods at his expense in perfect state and
in the original package. Moreover, in case the goods arrive at the customer's
address in a bad state, S&C shall readily exchange them. It suffices to return
the damaged goods with an official certification of the post office.
12 ETHICAL CHARTER
S&C is directly subject to its ethical charter.
13 OWNERSHIP AND LEGAL JURISDICTION
The goods continue being owned by S&C until their full payment. The present
general terms of sale as well as the contracts concluded based on them are governed
by Swiss law. In case of disputes the competent jurisdiction is the court of
Lausanne in Switzerland.
Registered office :
Sin&Cure
Côtes de Montbenon 16
CH-1003 Lausanne
e-mail : fred@smokefred.ch
Bank :
BCV
Case Postale 300
CH - 1001 Lausanne
Suisse
Account Nr. : U 5088.69.44
Clearing Nr. : 767
Swift Nr. : BCVLCH2LXXX
Postaccount Nr. : 10-725-4
IBAN: CH80 0076 7001 U508 8694 4
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