General terms and conditions of sale
The present general conditions of sale govern the contractual relations between :
The Neyroud-Fonjallaz family domain, at Rte du vignoble 13, 1803 Chardonne, hereinafter referred to as “The Seller”.
- And, any individual or legal entity who places an order on the seller’s website, hereinafter referred to as “the buyer”.
The present general conditions of sale apply to the online sale of products and services offered by the seller. The present general conditions of sale detail all the obligations of the parties.
The buyer is deemed to accept them without reservation.
- The seller and the buyer agree that the present general conditions of sale exclusively govern their relationship.
- The seller reserves the right to modify the general conditions of sale, subject to informing the buyer in advance.
- The present general conditions of sale will be applicable as soon as they are put online.
- The present general conditions of sale apply to all orders placed by the buyer on the neyroud.ch website, hereinafter referred to as the “site”.
- Buyer: The term “buyer” refers to any individual or legal entity that places an order on the neyroud.ch website
- Site: The term “site” refers to the neyroud.ch website operated by the Domaine familial Neyroud-Fonjallaz
- Subcontractors (or service providers): The term “subcontractor” refers to any natural or legal person who processes data on behalf of the controller. We may use the services of more than one service provider in order to process your data more efficiently.
TERMS AND CONDITIONS
SECTION 1 – COMPLETENESS
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation. If a condition of sale is missing, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in Switzerland.
ARTICLE 2 – PURPOSE
The purpose of the present general conditions is to define the rights and obligations of the parties in the context of the online sale of products and services offered by the seller to the buyer.
Any order placed online implies full acceptance of these terms and conditions of sale.
ARTICLE 3 – THE ORDER
The buyer has the possibility of placing his order on line, from the site.
The buyer must choose the offer that suits him and then click on the order button. Any order implies acceptance of the prices, the descriptions of the services available for sale as well as the present general conditions of sale.
In certain cases, notably non-payment, erroneous address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.
For any question relating to the follow-up of an order, the purchaser must contact the salesman by email at the following address: email@example.com
ARTICLE 4 – ELECTRONIC SIGNATURE
- due date of the sums due under the purchase order
- signature and express acceptance of all operations carried out
In case of fraudulent use of his credit card, the buyer is invited, as soon as this use is noticed, to contact the seller by e-mail at the following address: firstname.lastname@example.org
ARTICLE 5 – PROOF OF THE TRANSACTION
The order form(s) received by e-mail are proof of electronic signature in the same way as a handwritten signature, between the seller and the buyer.
ARTICLE 6 – INFORMATION ON THE SERVICES
The products and services governed by these terms and conditions are those which appear on the seller’s website and which are indicated as sold and delivered by the seller.
The services are described and presented with the greatest possible accuracy. However, if any errors or omissions occur in this presentation, the Seller shall not be liable.
The seller cannot be held responsible for any problem related to or arising from the interpretation of the products and services sold on the site. The seller reserves the right to withdraw products and services from sale at any time.
ARTICLE 7 – PRICES
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order.
The prices take into account the Swiss and European VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the services offered.
The payment of the totality of the price must be realized at the time of the order. At no time, the sums paid can be considered as deposits or down payments.
If one or several taxes or contributions, in particular environmental, were to be created or modified, in rise as in fall, this change could be reflected on the selling price.
ARTICLE 8 – METHOD OF PAYMENT
The buyer guarantees to the seller that he has the necessary authorizations to use the payment method chosen by him, during the validation of the order form. The seller reserves the right to suspend any order processing and any delivery in case of refusal of authorization of payment by credit card from the officially accredited organizations or in case of non-payment.
The seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
ARTICLE 9 – DELIVERY TERMS
Delivery costs are indicated at the end of the online order. They depend on the weight of the items to be delivered and the delivery address. The seller endeavours to deliver within a reasonable period of time depending on availability. All goods sold travel at the buyer’s risk, regardless of the mode of transport. Packaging may vary from order to order (size/color/materials/…).
ARTICLE 10 – RIGHT OF WITHDRAWAL AND RETURNS
No product can be exchanged and/or returned except in case of error(s) on the part of the seller.
ARTICLE 11 – FORCE MAJEURE
All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes of exoneration of the obligations of the parties and lead to their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
ARTICLE 12 – PARTIAL NON-VALIDATION
If one or several stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
ARTICLE 13 – NON-RENUNCIATION
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these terms and conditions shall not be construed for the future as a waiver of the obligation in question.
ARTICLE 14 – TITLE
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
ARTICLE 15 – APPLICABLE LAW
The present general terms and conditions are subject to the application of Swiss law and in particular to the Code of Obligations. This applies to the rules of substance as well as to the rules of form. In the event of a dispute or complaint, the buyer shall first contact the seller to obtain an amicable solution.
Failing that, the buyer may initiate legal proceedings against the seller.