- SCOPE OF APPLICATION
1.1 The purpose of these general conditions (hereinafter: the "General Conditions") is to govern the contractual relationship between the company ECOCASCARA SA, whose registered office is at Avenue du Léman 18, 1005 Lausanne, Switzerland (hereinafter: "ECOCASCARA SA") and any person placing an order (hereinafter: the "Client") on the site www.icecascara.ch (hereinafter: the "Site").
1.2 ECOCASCARA SA reserves the right to adapt or modify at any time the General Conditions, which will be immediately applicable to any new order.
1.3 When placing an order, the Customer must confirm that he/she has read and accepted the General Conditions. In the event of a dispute, the General Terms and Conditions in force at the time of the order shall prevail.
- ORDER
2.1 The products sold are described on the website www.icecascara.ch at the time of sale. The characteristics of the products as well as the photos are published on the basis of the data provided by the manufacturer and are given for information purposes only. As the reproduction of colours on computer screens is not perfect, ECOCASCARA SA cannot guarantee that the colour of the goods is exactly the same as the one appearing on the screen.
2.2 The products are available on the Website according to the stocks available, subject to modifications. ECOCASCARA SA reserves the right to restrict the availability of certain products or product categories for deliveries outside Switzerland.
2.3 Prices are net prices in Swiss Francs (CHF), including Swiss VAT. For deliveries abroad, the Swiss VAT will be deducted from the sales price to the extent possible and the Customer will have to bear the customs clearance costs and the various taxes applied in the country.
2.4 To the prices indicated are added the delivery costs listed in the Shopping Cart section when ordering according to article 4.2 below.
2.5 By clicking on Place Order you give your consent to order the items selected in your shopping cart. The sales contract comes into force when the Customer receives the order confirmation e-mail.
- PAYMENT
3.1 The price of purchases made on the Site is due at the time of the order.
3.2 Payment is made by credit card (Visa or Mastercard), Postcard, PostFinance, Twint or by bank transfer in advance only (possible from CHF140 of purchases). The order amount is debited immediately upon confirmation.
3.3 ECOCASCARA SA does not have access to confidential information relating to the means of payment. The information entered is encrypted and transmitted to our financial partner in a secure manner without ECOCASCARA SA having access to it. The details of the Customer's credit card or Postcard are encrypted thanks to the SSL (Secure Socket Layer) protocol and are not transmitted in clear text on the network. The risk of a malfunction of the payment system is borne by the Client.
- DELIVERY
4.1 ECOCASCARA AG delivers its products in Switzerland, in the Principality of Liechtenstein and abroad. Any delivery outside of Switzerland and the Principality of Liechtenstein will be defined according to the list of countries available when entering the destination/invoicing of the order. Outside of these countries, a delivery will be established on the basis of a quotation agreed between ECOCASCARA SA and the Client.
4.2 Delivery costs are to be paid by the Customer. The amount of the delivery costs is indicated in the Shopping Cart section and is subject to the Customer's approval before the validation of each order.
4.3 The products are sent to the delivery address indicated by the Customer when ordering. Delivery is made by a carrier. The risks related to the sending of the goods to the Customer (risk of loss, destruction, wrong delivery address, etc.) are borne by the Customer as soon as ECOCASCARA SA hands over the goods to its logistics partner. The costs related to the return of an unclaimed parcel and its possible reshipment are at the Client's expense.
4.4 Delivery times are indicated to the Customer at the time of ordering, it being specified that they are given for information purposes only.
4.5 ECOCASCARA SA is entitled to cancel an order, even if accepted, without having to give reasons to Client. In such a case, the Client's claims against ECOCASCARA SA are limited to the return of the amounts paid, excluding any damages.
- RIGHT OF RETURN, WARRANTY IN CASE OF DEFECT
5.1 Upon receipt of the order, the Customer shall immediately inspect the products delivered.
5.2 If one or more of the products delivered are defective, the Client must notify ECOCASCARA SA within 2 working days of receipt, by email to online@icecascara.ch. ECOCASCARA SA will confirm by email, within one working day, the receipt of the notification from the Client. Notifications of defects which have not been confirmed by ECOCASCARA SA will not be considered valid by COCASCARA SA.
5.3 In the event of a defect, ECOCASCARA SA's warranty is limited exclusively to the exchange or reimbursement of the defective product.
5.4 Regardless of the existence of a defect, the Customer may, unless specifically stated "cannot be returned", return his/her order within 7 working days from the date of receipt, provided that he/she has previously, within 2 working days of receipt of the order, requested a return form by contacting ECOCASCARA SA by e-mail at online@icecascara.ch. ECOCASCARA SA will only accept returns of products that are in their original packaging, complete and undamaged by the Customer.
5.5 ECOCASCARA SA will refund the price of the returned products within a maximum of 30 days from the date of receipt of the returned goods. Invoiced delivery costs and return postage costs are to be paid by the Customer, except in the case of a product defect: ECOCASCARA SA will then pay the return shipping costs according to the PostPac Priority rate of the Swiss Post.
- WARRANTY ON EQUIPMENT
6.1 ECOCASCARA SA does not provide any warranty on the devices purchased on the Site, which are warranted by the manufacturer in accordance with the terms and conditions set forth by the manufacturer in the original documentation provided with the device.
- OBLIGATIONS OF THE CLIENT
7.1 The Customer undertakes to use the equipment purchased on the Site in accordance with the manufacturer's instructions and to carry out the necessary maintenance recommended by the manufacturer in order to ensure its proper functioning.
7.2 The Customer must keep the invoice, the original packaging and all manuals and accessories of the equipment purchased. These parts may be requested in the event of a repair under warranty.
- FORCE MAJEURE
8.1 ECOCASCARA SA will do its utmost to fulfil its obligations, but cannot be held responsible for delays or non-delivery due to circumstances beyond its control, such as strikes, wars, natural disasters or other events of any kind which prevent the production, transport or delivery of products.
8.2 In case of delay, ECOCASCARA SA will fulfil its obligations as soon as possible and reserves the right to distribute the remaining stocks of products among its customers in an equitable manner.
- DATA PROTECTION AND SECURITY
9.1 The Customer may place an order on the Site without creating a Customer account.
9.2 When connecting to the Site or communicating electronically with ECOCASCARA SA, the Client's data passes through a public network accessible to all. It may also happen that the data crosses borders, even if the sender and the recipient reside in the same country. It cannot be excluded that third parties have access to such information and that they deduce the existence of a contractual relationship with ECOCASCARA AG.
9.3 ECOCASCARA SA may collect, in particular by means of "cookies", data relating to the use of the Site, including in particular the IP address of the Client or of any other visitor, which are used for statistical, security, system monitoring, management, analysis, marketing and legal and regulatory compliance purposes. This data is anonymous.
9.4 Personal data is expressly collected online when the Customer registers to place an order. Registration gives ECOCASCARA SA the opportunity to collect basic information such as first name, last name, postal address, e-mail address, telephone number and mobile phone number.
9.5 ECOCASCARA SA also reserves the right to record the surname, first name, e-mail address and the content of the correspondence of any person who sends an e-mail to an ECOCASCARA SA employee or to the person in charge of the Site in order to be able to reply to him or her or to inform him or her of the progress of his or her order.
9.6 The information required by ECOCASCARA SA at the time of online registration is limited to the information necessary for ECOCASCARA SA to provide the best possible service and follow-up. Mandatory information is clearly indicated by an asterisk (*) at the beginning of the field to be completed.
9.7 ECOCASCARA SA is not responsible for any inaccuracy regarding personal data if such inaccuracy is due to an erroneous indication by the Client. In case of inaccuracy due to other causes, ECOCASCARA SA's liability is limited exclusively to granting the Client the right to access and correct personal data in accordance with article 10 below.
9.8 Although ECOCASCARA SA makes every effort to protect personal data, it is not responsible for the security of personal data transmitted to it on the Site insofar as it is not possible to fully guarantee the security of transmissions on the Internet. They are communicated at the Client's own risk. On the other hand, ECOCASCARA SA makes every effort to ensure their confidentiality as soon as they have been entered into its system and to prevent these personal data from being transmitted to third parties other than those who may be involved in the processing of the Customer's order.
- RIGHT OF ACCESS AND CORRECTION OF DATA
10.1 Subject to possible legal obligations to store the data obtained, any interested party may request, in accordance with the provisions of the Federal Law of 19 June 1992 on Data Protection, to be informed by e-mail of the data concerning him/her by sending a written and signed request to ECOCASCARA SA. If such data is no longer up to date or proves to be inaccurate or incomplete, the person concerned may request ECOCASCARA SA to amend the data accordingly. The data subject may also request ECOCASCARA SA to delete the data at any time.
- EXCLUSION OF LIABILITY
11.1 ECOCASCARA SA and its directors, officers, employees, agents and shareholders assume no liability for any direct or indirect loss or damage of any kind arising from access to the Site or use of, or inability to access or use, the information or opinions available on this Site.
11.2 In particular, the liability of the Company and its directors, managers, employees, auxiliaries and shareholders for any loss or damage suffered as a result of an error, technical or otherwise, a transfer failure, an overload situation, a difficulty in use, an interruption in service (including in particular the system maintenance service), a delay in the transmission of information, an incompatibility between this Site and the User's files and/or software (in particular with his "browser") and/or computer, malfunction, interference, transmission of a virus or worm to his computer, illegal intrusion (e.g. as a result of hacking), intentional blocking of telecommunications tools and networks (e.g. as a result of mass e-mailing or denial of service attacks) or any other inadequacy of telecommunications or network service providers is excluded.
- PARTIAL NULLITY
12.1 If any of the provisions of the General Terms and Conditions are invalid, unenforceable or unenforceable, this shall not result in the invalidity, cancellation or non-execution of the other provisions of the General Terms and Conditions. The invalid, non-compliant or inapplicable provision will be replaced by another valid, compliant and applicable provision that corresponds as closely as possible to the meaning and purpose of the invalidated provision.
- LANGUAGE
13.1 Only the French version of the General Terms and Conditions of Use is binding. Any translation of the General Terms and Conditions is for information purposes only.
- APPLICABLE LAW AND JURISDICTION
14.1 Swiss law is applicable.
14.2 Any dispute relating to an order placed on the Site, to the Site or resulting from its use or access is subject to the exclusive jurisdiction of the competent courts of the Canton of Vaud, subject to possible appeal to the Federal Court in Lausanne.
Lausanne
(CG 2021, v.1.0)