General Terms of Sale over the Internet
1. Contractual Parties
BETWEEN: Clic-Clac.com SA,
Swiss registered Public Limited Company (Société anonyme), with a capital of CHF 100,000; headquartered at Collonge-Bellerive, registered in the Geneva Canton Trade Register under the number CH-660.0.163.009-0, hereafter named “We/Us”; ON THE ONE HAND; AND Any natural or legal entity visiting or purchasing from Our website for themselves or for a third party, hereafter named “You”; ON THE OTHER HAND.
2. Items Proposed on the Website
Our website proposes items comprised of an online self-customizable candy tin (the “Container”), and a content which You may choose from the selection proposed (the “Content”).
3. Contractual Capacity
Any natural or legal entity placing an order on Our website certifies to being 18 years old or over and has the legal capacity to contract.
4. Sales Agreement Conclusion
The information set out on Our website does, by no means, constitute an offer in the legal sense of the term; as such, only the order placed between You and Us constitutes such an offer. The General Terms of Sale are available on Our website for any Internet user to view. Accordingly, any order placed results in Your full and complete acceptance, without any exception or reservation, to the terms and conditions set out in the present agreement. These are, in addition, communicated to You during the confirmation procedure for each order placed; Your order registration is subject to their acceptance. Any natural or legal entity purchasing from our website declares as such to have fully acknowledged these terms and conditions. Following acceptance and confirmation of the General Terms of Sale, We will send You a confirmation email for Your order to the email address You provided Us with when You created Your profile or when You placed Your order. This email represents Our acceptance of Your order and constitutes as such the Sales Agreement between You and Us, as governed by the General Terms of Sale set out in the present Agreement. We will then undertake to process Your order in accordance with the clauses stipulated in the present Agreement.
5. Pricing Policy
The prices displayed on the placing an order page of Our website are expressed in Euros or in Swiss Francs, depending on the country of delivery selected; all taxes applicable in France or in Switzerland respectively are included, however shipping and handling costs are excluded. Calculated based on the country of delivery of Your order, these costs will be invoiced in addition to the total sum of the items of Your order.
6. Availability and Delivery Times
The items displayed on Our website mention a period of time within which they are liable for shipment and delivery to You. However, due to the highly customizable aspects of the Container, the period of time, on Our website, is given as approximate only. As such, it can not be guaranteed, being dependent on Our Suppliers.
In the event where the Content You have selected is momentarily unavailable, We will contact You by email to propose a substitute Content.
7. Delivery Terms and Conditions
Order Delivery Modes: On Our website, You have the possibility to choose the delivery mode based on shipping and handling costs and on the urgency of Your order.
Shipping and Handling Costs: According to the country of delivery of Your order, and the delivery mode selected during the confirmation procedure of Your order cart, You must pay shipping and handling costs in addition to the total sum of the items of Your order. You must be aware of and acknowledge the shipping and handling costs for Your orders. Once Your order has been placed, no claim whatsoever pertaining to these costs will be accepted. Customs Duty and Taxes: Possible customs duty and taxes relevant to each country, excluding delivery to France or to Switzerland, come under Your responsibility and are, as such, at Your expense, in addition to the total sum of Your order and of the shipping and handling costs. According to the law in force in the country of delivery of Your order, they can be duly claimed from the order addressee, and this irrelevant to You being only the ordering party. It is therefore Your responsibility to obtain the relevant information from the authorities concerned in Your country or in the country of delivery of Your order, notably when the order concerns a gift delivery.
8. Item Colour
Variations may exist between the colour of Our items displayed on-screen and their genuine colour, due to the different chromatic resolutions of each screen. As such, the colour viewed on-screen is approximate only. It can not be guaranteed, being dependent on Your screen. Consequently, we can not be held responsible for these chromatic variations.
9. Methods of Payment
Order payment must obligatorily be paid by credit card upon ordering. All network cards are accepted for payment: VISA / MASTERCARD / etc.
10. Payment Security
Our website incorporates a secure system procedure. We have strengthened scrambling and encryption procedures to protect as optimally as possible all sensitive data linked to methods of payment. Nevertheless, You are aware of and acknowledge the fact that We can not be held liable in the event of third-party fraud.
11. Order Cancellation, Revocation, Return and Exchange
Given the highly customizable aspect of our items, all orders are considered final. As such, Your order can not be revoked, returned to Us or exchanged for another item.
12. Intellectual Property, Copyright and Internet Website Access Licence
The conception, the design, the title and all content on Our website are Our exclusive property, with exception to content subject to specific agreements with Our partners, for which the intellectual property and copyright are duly set out on the pages of the website corresponding to this content; as such, in consequence:
- It is prohibited to copy, record, reproduce or print these contents for any other use except for proceeding to purchase from Our website within the framework of the present Agreement. - We, and Our partners, reserve the right to take legal action against You if any of this content, whatever type it may be [image, text, code, etc.], is used without Our express written agreement or that of Our partners for content concerning them; and this for any purpose other than those set out in the present Agreement.
- We reserve the right, in our sole discretion, to publish on Our website any reviews, communication or any other form of content for this purpose which We receive from You.
- In the event of publication, You concede to Us the right to use, to reproduce, to modify or to delete this content if We esteem it necessary; content, for which You are, in addition, bound to hold copyright.
- Should it be otherwise, and if We are obliged to take legal action through a third party; insofar as this action is based on the content which You have communicated to Us, You would be obliged to compensate Us for the total damages which We would have been subjected to.
13. Right to Refuse Orders
We reserve the unilateral right to refuse to process any order which We may esteem intrinsically impossible, illegal or contrary to morals as stipulated in article 20, paragraph 1 of the Code of Obligations (Swiss Private Law). This would lead to immediate termination of the Agreement between the parties, by simple declaration of will by Us, and, as such, without any compensation due from one or other party.
14. Liability for Orders of Items Considered Illegal or Contrary to Morals
You commit to not placing any orders in which the content (image, text, etc.) is illegal or contrary to morals. In addition to Our right to refuse orders, We can not be held liable for any aspect of items ordered which may be deemed possibly illegal or contrary to morals. Furthermore, You are the sole accountable for the order of an item which does not observe the legislation in force in the country of delivery or which is prohibited on its territory, and, as such, We can not be held liable. If We were obliged to take legal action through a third party, owing to the aspect considered illegal or contrary to morals of the item which You had ordered, You would be obliged to compensate Us for the total damages which We would have been subjected to.
15. Responsibility for Agreement Fulfilment
We commit to implementing all means to ensure You receive the best quality of service as possible, pursuant to the work carried out by all members of Our staff and to the values of Our company. Nevertheless, We can not be held liable for any delay in delivery of items ordered, notably in the event of stock unavailability with Our suppliers; nor can We be held liable for any delay in delivery of these articles by the postal transport company.
16. Responsibility for Using Our Internet Site
In spite of Our vigilance and all the precautions which We have taken in association with Our partners with whom We work to enable You to benefit from the services We offer, We do not guarantee the absence of perturbation in using the website and its different sections. As a consequence:
- We can not be held liable, by any means or in any way, for direct or indirect damages which could result from the access or the use of the website or of any of its objects, including the purchases You make. In addition, We can not be held liable in the event of impossibility to access or to use the website.
- Furthermore, We can not be held liable for any risk pertaining to the installation of any software used for viewing the website or for any damages resulting from transmission errors, technical faults, communication overload or interruption.
17. Data Protection
We commit to treating any personal information provided by You which We are required to know, either through the right-to-request for the present Agreement, or through automatic collection, as totally confidential; We guarantee its protection and use it for the purpose of handling Your requests or for improving the services liable to be proposed to You on Our website.
Nevertheless, You may at any moment exercise Your right of access, of rectification or of opposition to the information by addressing Us an email.
In the event of any dispute arising from the present General Terms of Sale, or from any purchasing or sales transactions included herein, the dispute shall be referred to the Geneva Canton Courts, which hold exclusive jurisdiction; with exception to appeals, referred to the Swiss Federal Court.
19. Applicable Law and Jurisdiction
All clauses set out in the present General Terms of Sale and any Agreement included herein are subject to Swiss law.
CH- 1245 COLLONGE-BELLERIVE
Fax : + 41 22 347 42 26
E-mail : firstname.lastname@example.org