OF THE COMPANY “DÜNOR SÀRL” AND THE WEBSITE “WWW.NORDITUDE.CH”
1. Scope of Application
These General Terms and Conditions of sale (“General Conditions” or “GC”) are applicable to all the activities provided by dünor sàrl (hereinafter the “Company”) (UID: CHE-353.400.724), company located at route de Begnins 4A, 1196 Gland, canton of Vaud, Switzerland.
The Company “dünor sàrl” is the owner and publisher of the e-commerce site “www.norditude.ch” (hereinafter: “the Website”). Through this site, the Company offers for sale products listed in its catalog.
These General Terms and Conditions apply to all sales made by the Company, whether through the Website, through resellers, through sales made by telephone, by email, by oral declaration or by any other manifestation of will.
By accessing and using the Website, in particular by purchasing the Company’s products, the customer acknowledges to be bound by these General Terms and Conditions, which he declares to have read and understood.
The Company reserves the right, at its sole discretion, to modify these Terms and Conditions at any time. It is the customer’s responsibility to consult them regularly in order to be informed of any changes. The Terms and Conditions applicable at the time of conclusion of the contract by the customer apply, unless the customer has expressly agreed in writing to other provisions.
2. Contract Conclusion
The contract is concluded when the customer accepts the offer proposed by the Company in connection with the purchase of the Company’s products.
The contract is in any case concluded as soon as the customer accepts the services offered by the Company and/or when he orders products on the Company’s website or when he purchases his products directly.
Unless otherwise agreed, all prices are quoted in Swiss francs (CHF). The Company reserves the right to quote prices in other currencies depending on the countries in which its products will be sold.
All prices quoted include additional amounts relating to value added tax (VAT), where applicable. The applicable VAT rate is determined according to the country concerned. Prices do not include any additional taxes that may apply. Prices do not include postage and packaging.
The Company reserves the right to modify its prices at any time. The prices indicated on the Company’s website apply at the time of the conclusion of the contract.
The company offers the customer the following payment methods: credit card (VISA, Mastercard etc.), PostFinance, PayPal, and TWINT.
The selling price must be paid in full by the customer upon conclusion of the contract. The Company will send the ordered products as soon as the selling price is paid.
If the Company offers products for sale, rental or any other use through the Website, it reserves the right to require payment to be made electronically as part of the ordering process (credit card, PayPal or other payment systems).
It is not possible for the customer to offset any claim on the amount of the invoice that he must pay to the Company.
The Company reserves the right to waive any delivery or service in the event of non-payment or late payment.
5. Obligations of the Company
5.1. Delivery / Delivery Date
Delivery will be carried out within 15 (fifteen) working days following the order for deliveries within Switzerland. Longer timeframes may apply in the case of international sales.
If a timely delivery is not possible, the customer will be informed of the new delivery date or the availability of the product within 5 (five) working days following the order. The Company will endeavour to propose an alternative.
If the Company, its suppliers or mandated third parties are not able to perform within the stipulated time limits due to force majeure, for example in the event of a natural disaster, earthquake, volcanic eruption, avalanche, bad weather, thunderstorm, hurricane, war, political or social unrest, civil war, revolution and insurrection, terrorism, sabotage, strike, nuclear accident or damage to nuclear reactors, then the Company shall be released from the obligation to perform its services during such cases of force majeure and for an appropriate period of time following the end of such events. If the force majeure event lasts more than 30 (thirty) days, the Company is entitled to withdraw from the contract. The Company must then fully reimburse the amounts already paid by the customer.
Further claims, in particular claims for damages resulting from force majeure, are excluded.
Unless otherwise agreed, the place of performance shall be the Company’s registered office.
The service provided by the Company is considered to have been fulfilled when the products are handed over to the carrier chosen by the Company.
The Company expressly reserves the right to engage auxiliaries in order to fulfill its contractual obligations.
If the size of the products sold is not suitable, the customer may exchange the products within 10 (ten) days after receipt. The products must be in their original packaging and not have been used. The customer bears the costs related to the return and exchange. An exchange is only possible when the products have not been specially made for the customer. Discounted items are neither taken back nor exchanged.
The legal provisions regarding warranty apply.
Any defect must be reported immediately (within 10 days) to the Company. The Company decides thereupon whether the defective product must be repaired or replaced. The customer is entitled to a reduction or refund of the purchase price only if replacement or repair is not possible. The customer cannot request a replacement product during the repair period. The warranty period restarts with respect to the repaired element and continues to run according to the original warranty period with respect to the other elements.
Any liability for indirect or consequential damage is excluded. Liability for direct damage is limited to the selling price of the product/service price. This limitation of liability does not apply in the case of fraud or gross negligence. The customer is obliged to inform the Company immediately of any damage. Any liability of auxiliaries is excluded to the extent permitted by law.
9. Intellectual Property Rights
The Company has all rights to the products and services it offers.
Neither these General Terms and Conditions nor the individual agreements relating thereto deal with the assignment of intellectual property rights, unless expressly provided for.
Furthermore, any re-use, publication or dissemination of information, images, texts or any other elements that the customer receives in relation to these provisions are excluded, unless expressly authorised by the Company.
The customer must ensure that he does not violate any third party intellectual property rights when using content, images, texts or figurative elements, when using them in relation to the Company.
10. Data Protection
The Company must process and use the data collected at the time of the conclusion of the contract in order to fulfil its contractual obligations.
The Company shall take all necessary measures to ensure the protection of data in accordance with legal provisions. The customer accepts that his data is recorded and used in accordance with the contract and is aware that the Company may disclose his data or that of third parties in the event of injunctions from a court or authority. Unless expressly excluded by the customer, the Company is entitled to use its data for marketing purposes. Data necessary for the performance of the service may be transferred to service partners mandated by the Company as well as to other third parties.
Data protection legislation applies.
These General Terms and Conditions supersede any prior agreements or provisions. Only the provisions stipulated in individual contracts which specify these General Terms and Conditions take precedence over these.
12. Severability Clause
The validity of these General Terms and Conditions will not be affected if one of its provisions or one of its annexes is or was to be declared null and void. In such a case, the null or invalid provision will be replaced by a valid provision that is close to the purpose of the void or invalid provision. The same applies in the event of a contractual shortcoming.
The customer, the Company and their auxiliaries commit to keep secret all information that has been exchanged or acquired as part of the services performed.
The obligation of confidentiality persists even after the end of the contract.
14. Agents and Distributors
The customer accepts that potential distributors or agents are likely to work independently of the Company and that potential claims must therefore be directed against them directly. The Company declines all liability in the event of contractual violations committed by potential agents or distributors.
15.Applicable law / Place of jurisdiction
These General Terms and Conditions are governed by Swiss law.
The courts located at the Company’s registered office shall be competent to settle any dispute between the parties, except in the case of mandatory legal provisions to the contrary.
The Company is free to take legal action at the defendant’s headquarters/domicile.
The application of the United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is expressly excluded.
In case of discrepancy between the general terms and conditions written in French and the general terms and conditions written in English, those in French shall prevail.
For any question or request for information, the customer can send an email to the following email address: email@example.com.
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