ARTICLE 1 - DEFINITIONS

These General Terms and Conditions of Sale (hereinafter the "GTC") are offered by CHE-112.713.679 (hereinafter "VIMARI ®"). Hereafter, we shall refer to : "Site": the website "www.VIMARI.co" and all its pages. "Products" or "Services": all the products (materials) and services (services) that can be purchased or subscribed to on the Site. "Seller" : VIMARI ®, a legal or natural person, offering its Products or Services on the Website. "Customer": the Internet user, whether a private individual or a professional, making a purchase of Product(s) or Service(s) on the Website. "Consumer", in accordance with the definition of the preliminary article of the Consumer Code : "any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, craft or liberal activity".
Internet users visiting the Site and interested in the Products and Services offered by the Seller are invited to read these GTC carefully, to print them out and/or to save them on a durable medium, before placing an order on the Site.

The Customer acknowledges having read the GTC and accepts them in full.
 

ARTICLE 2 - APPLICATION OF THE GCV AND PURPOSE OF THE SITE

The Seller reserves the right to modify the GTC at any time by publishing a new version of them on the Site. The GTC applicable to the Customer are those in force on the day of his order on the Site.

The legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notice and the data charter of this Site.
This Site offers the online sale of products.

The Site is freely accessible to all Customers. The acquisition of a Product or Service implies the acceptance by the Customer of the entirety of these GTC, who acknowledges having fully understood them. This acceptance may consist, for example, in the Customer checking the box corresponding to the sentence of acceptance of these GTC, for example with the words "I acknowledge having read and accepted all the general conditions of the Site". The fact of ticking this box will be deemed to have the same value as a handwritten signature by the Customer.

Acceptance of these GTCs assumes that the Customer has the necessary legal capacity to do so. If the Customer is a minor or does not have the legal capacity to do so, he/she declares that he/she has the autorisation of a guardian, curator or legal representative.

The Customer acknowledges the evidential value of the Seller's automatic recording systems and, unless he/she can provide proof to the contrary, waives the right to contest them in the event of a dispute.

ARTICLE 3 - TERMS AND CONDITIONS FOR PLACING ORDERS AND DESCRIPTION OF THE PURCHASING PROCESS

The Products and Services offered are those which appear in the catalogue published on the Site. Each Product is accompanied by a description drawn up by the Seller based on the descriptions provided by the supplier.
The photographs of the Products in the catalogue reflect a faithful image of the Products and Services offered.

The "Shopping Cart" is defined below as the immaterial object grouping together all the Products or Services selected by the Site's Customer with a view to a purchase by having clicked on these elements. In order to proceed with the order, the Customer chooses the Product(s) that he/she wishes to order by adding them to his/her "Cart", the content of which may be modified at any time.
Once the Customer considers that he has selected and added to his cart all the products he wishes to purchase, he will be able to validate his order by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.

If he wishes to validate his order, the Customer must tick the box relating to the ratification of these GTC and click on the validation button. The Customer will then be redirected to a page where he/she must fill in the order form fields. In the latter case, he/she will have to fill in a certain amount of personal data concerning him/her, which is necessary for the proper processing of the order.
All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order until it is validated.

Once the Customer has completed the form, he/she will then be invited to make payment using the payment methods listed in the payment section of these GTC. After a few moments, the Customer will be sent an e-mail confirming the order, reminding him of the content of the order and the price of the order.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.

ARTICLE 4 - PRICES AND PAYMENT TERMS

Unless otherwise stated, the prices in the catalogue are understood to be in CHF including all taxes, taking into account the VAT applicable on the day of the order and excluding any contribution to processing and shipping costs.
VIMARI ® reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price appearing in the catalogue on the day of the order will be the only one applicable to the Customer.

The Customer may place an order on this Site and may pay by credit card, Paypal or Twint. Payments by credit card are made by means of secure transactions provided by an online payment platform provider.

This Site does not have access to any data relating to the Customer's means of payment. The availability of Products is indicated on the Website, in the description of each Product.

VIMARI ® will archive the order forms and invoices on a reliable and durable medium constituting a faithful copy. The archived registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

The delivery costs will be indicated to the Customer before any payment is made. The delivery times indicated at the time of ordering are for information purposes only and are subject to possible delays by the postal services or other special cases preventing delivery (events, bad weather, etc.).

Our orders are carefully prepared and dispatched within 24 hours (working days) by tracked delivery. Our customer service is available every day, and you will have a response within a few hours.


Shipping costs :

• Switzerland 2-3 days 7 CHF
  FREE from 80 CHF
• Europe 5-7 days from 18 CHF
  FREE from 200 CHF

In the event of delivery of a Product outside the territory of the European Union and the French overseas departments and territories, the Customer declares himself to be the importer of the Product and accepts that in such a case the Seller may be unable to provide him with accurate information on the total amount of the costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of fifteen (15) days after the conclusion of the contract with a Consumer Customer.

In the case of hand delivery, the Customer may refuse a package at the time of delivery if he/she notices any anomaly concerning the delivery (Product missing in relation to the delivery note, damaged package, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature.

In order to exercise his/her right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have the carrier take back the damaged goods. In the case of a letterbox delivery, the Client undertakes to check the parcel immediately and to contact VIMARI ® support if he notices any anomaly. If the Client fails to comply with these instructions, he will not be able to exercise his right of refusal, and the Vendor will not be obliged to grant the Client's request to exercise his right of refusal.

If the Customer's package is returned to the Seller by the Post Office or other postal service, the Seller shall contact the Customer upon receipt of the returned package to ask him/her what action to take on his/her order. If the Customer has mistakenly refused the parcel, he may ask for it to be sent back by first paying the postal charges for the new shipment. The postal charges must be paid even for orders for which the postal charges were offered at the time of the order.

In the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. The Seller shall not be held responsible for any defect resulting from the Customer's clumsiness or wrongdoing.

Any delay in delivery in relation to the date or deadline indicated to the Consumer Customer at the time of ordering or, if no date or deadline is indicated at the time of ordering, in excess of thirty (30) days from the conclusion of the contract, may result in the cancellation of the sale at the Customer's initiative upon written request by the Customer by registered letter with acknowledgement of receipt, if after having enjoined the Vendor to carry out the delivery, the Vendor has not done so. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for all the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.

Particular case of a parcel whose tracking number indicates that it is "delivered" but not received in the mailbox: if the Customer notices and informs the Seller that the parcel is not in his mailbox despite the fact that its tracking number indicates that it is "delivered", the customer service may ask him for additional information as well as an official document from the Post Office answering his complaint regarding the corresponding tracking number. The Seller will then do everything possible to guarantee the Customer's satisfaction by proposing, in particular, the immediate return of the products at its own expense.

ARTICLE 6 - RIGHT OF WITHDRAWAL AND WITHDRAWAL FORM

Returns are possible within 14 calendar days of receipt. If the customer is unable to provide confirmation of receipt, the 14-day period is counted from the date the order was sent.

In all cases, only items in their original packaging, unused, clean, complete and undamaged, accompanied by the label or proof of purchase, will be returned.
In the case of a return of goods, the shipping costs shall be borne by the customer, who shall also bear the shipping risk. The goods can be returned by post.

For a return of a product by post, the goods must be sent to the following address:

Boutique Macadam - Espacité 5, 2300 La Chaux-de-Fonds, Switzerland
 

ARTICLE 7 - PRODUCT GUARANTEE / LEGAL PROVISIONS TO BE REPRODUCED

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The consumer may decide to invoke the guarantee against hidden defects in the item sold, unless the seller has stipulated that he will not be obliged to provide any guarantee; in the event that this guarantee is invoked, the buyer may choose between rescinding the sale or reducing the sale price. He has a period of two years from the discovery of the defect.

The postponement, suspension or interruption of the limitation period may not have the effect of extending the extinctive limitation period beyond twenty years from the day on which the right arose.
 
LEGAL GUARANTEE OF CONFORMITY

The Seller is obliged to deliver goods that conform to the contract concluded with the Consumer Customer and to be responsible for any defects in conformity that exist when the Product is delivered. The guarantee of conformity may be exercised if a defect exists on the day of taking possession of the Product.
On the other hand, it shall be up to the Customer to prove that the defect did exist at the time of taking possession of the Product.

In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In this case, the seller is obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
 
LEGAL GUARANTEE AGAINST HIDDEN DEFECTS

In case of non-conformity of a delivered Product, it may be returned to the Seller who will exchange it. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.), the Customer will be reimbursed by cheque or bank transfer for the amount of his order. The costs of the exchange or refund procedure (in particular the cost of returning the Product) shall be borne by the Seller.

ARTICLE 8 - CUSTOMER SERVICE / CONTACT

The customer service of this Site is accessible by e-mail at the following address: info@vimari.co or by phone +41 78 631 30 43
 

ARTICLE 9 - LIABILITY

The Seller VIMARI ® shall not be held responsible for the non-execution of the contract concluded due to the occurrence of an event of force majeure. With regard to the Products purchased, the Vendor shall not be held liable for any indirect damages, operating losses, loss of profit, damages or expenses, which may arise from the present contract.

The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, shall not give rise to any compensation, reimbursement or liability on the part of the Seller, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal, if applicable, i.e. if the Customer is not a Consumer Customer and if the contract concluded to acquire the Product or Service allows withdrawal.

The Client expressly admits that he uses the Site at his own risk and under his sole responsibility. In any case, VIMARI ® cannot be held responsible for :
* any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data which may result, among other things, from the use of the Website, or, on the contrary, from the impossibility of its use;
* a malfunction, unavailability of access, misuse, poor configuration of the Customer's computer, or the use of a browser little used by the Customer;
* the content of advertisements and other links or external sources accessible by the Customers from the Site.

The Seller shall not be held liable if the characteristics of the Products differ from the visuals on the Site or if the latter are erroneous or incomplete.
 

ARTICLE 10 - INTELLECTUAL PROPERTY RIGHTS

All the elements of this Site belong to the Seller or to a third party agent, or are used by the Seller with the authorization of their owners.
Any reproduction, representation, adaptation of the logos, textual, pictographic or video contents, without this list being limitative, is strictly forbidden and is considered as counterfeiting.

Any Customer who is guilty of infringement may have his account deleted without notice or compensation and without this deletion constituting damage to him, without prejudice to any subsequent legal proceedings against him, at the initiative of the Seller or his agent.

The trademarks and logos contained in the Website may be registered by VIMARI ®, or possibly by one of its partners. Any person proceeding to their representation, reproduction, imbrication, distribution and rebroadcasting will be subject to the penalties provided for.
 

ARTICLE 11 - INDEPENDENCE OF CLAUSES

If any provision of the GTC is held to be illegal, invalid or for any other reason unenforceable, then that provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of the remaining provisions.
These GTC supersede all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable or sub-licensable by the Customer himself.

A printed version of the GTC and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC.
 

ARTICLE 12 - APPLICABLE LAW AND MEDIATION

These GTCs are governed by and subject to Swiss law.
Except for public order provisions, any disputes that may arise in the context of the execution of these GTCs may, before any legal action, be submitted to the Site Editor for amicable settlement.

It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal action. Unless otherwise provided for by public policy, any legal action relating to the performance of these GTCs shall be subject to the jurisdiction of the courts of the place of residence of the plaintiff.
 

WARRANTY ON PARTS :

Switzerland : The warranty is limited to 30 days following the date of purchase under normal conditions of use and excluding a breakdown caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.

Out of Switzerland :  A period of two years applies for right of withdrawal. The warranty is limited to two years following the date of purchase under normal conditions of use and excluding a breakdown caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.

All rights reserved  ®