Terms and Conditions Document for Online Shop Sales
1. Scope of Application
These Terms and Conditions of Sale in stores and the online shop regulate the rights and obligations of éméo for purchases made by customers. Any changes to these Terms and Conditions require the written consent of éméo.
2. Information on the products in the online shop
Product information and illustrations are prepared with the utmost care by éméo for its customers. However, deviations from the delivered products cannot be completely ruled out. Only the descriptions, information and other indications on the original product packaging are valid. The end user of products purchased in the store or on the online shop should always check that the products are suitable for their use and that the end user has no intolerances or contraindications. In case of doubt, the customer can contact the specialist staff at éméo at any time on Tel: +41264300952 or by email at order@emeo.swiss.
3. Product offer
The offer is limited to the territory of Switzerland, the Principality of Liechtenstein, the European Union (27 countries) and the United Kingdom and is for private or personal use only. éméo may define quantity restrictions in the online shop for certain products offered.
4. Ordering and contracts through the online shop
The products and prices published in the online shop are considered to be non-binding offers from éméo to its customers. The customer accepts the terms and conditions, and clicking on the send order button transmits a legally valid offer for the conclusion of a purchase contract.
The contract comes into effect upon receipt of the confirmation of payment for the order. The confirmation of payment constitutes the customer's acceptance of the terms and conditions. Once the order has been validated and paid, the customer receives an order confirmation by email.
All contracts are subject to the condition that the products are available at éméo.
5. Prices
All prices are in Swiss Francs (CHF), and include value added tax (VAT), but exclude shipping costs. The price charged is the price indicated on the order confirmation sent to the customer. Technical changes, errors and misprints are reserved. éméo reserves the right to change its prices at any time and without prior notice. The products remain the property of éméo until the full payment of the bill.
6. Delivery fees
For all orders for products from the online shop, the delivery costs for Switzerland are calculated according to the value of the purchase and are automatically included in the order basket. From a purchase value of 95.00 CHF incl. VAT, eméo will bear the cost of shipping by economy mail. If the sum of the purchases does not exceed 95.00 CHF incl. VAT, a flat rate of 9.50 CHF will be added to the bill for shipping costs.
For shipping abroad (outside of Switzerland) the shipping costs will be calculated according to the weight of the package and the delivery address of the package. All taxes and border fees are at the cost of the customer
7. Conditions and methods of payment for orders in the online shop
The customer uses one of the payment options specified in the online shop. In the case of payment by credit or debit card, the data is transmitted in an encrypted form and is subject to a high-level security system. All payment transactions are made in a secure area in accordance with the highest security standards.
The order will be considered effective after confirmation of the agreement of the bank payment centers. éméo will confirm the order without delay by email in accordance with the legislation in force.
In accordance with the regulations in force, and to ensure the security and confidentiality of their information, éméo does not store the bank details of its customers, even when encrypted. It is therefore up to the customer to save and print their payment certificate if they wish to retain the payment details of their order.
8. Delivery conditions for online shop orders
The products are sent within three to five working days of receipt of the order.
For orders for products that are not in stock and cannot be delivered within five working days, the order can be sent in several deliveries. There are no additional delivery fees for the customer.
If the customer has entered a delivery address that is different from the billing address, the customer is responsible for the shipping to the delivery address. eméo shall not be liable if the delivery address is incorrect or if no recipient is present to pick up the delivery.
9. Exchanges, transport-related damage and returns
The products available in the online shop from éméo leave the éméo premises in perfect condition and can neither be returned nor exchanged. éméo shall not be held responsible for any damage related to transport, and the risks are transferred to the customer as soon as the goods are handed over to the company commissioned to ship them.
Exceptions to this are products delivered by mistake or products that are defective at the time of delivery to the customer. In the second case, the products are returned to éméo in their original packaging at the customer's expense and the customer receives a replacement delivery if the goods are available or, failing that, a refund.
éméo mandates Swiss Post and Asendia for the shipment of goods sold. In the event of transport-related damage, the customer must directly contact the transport company that delivered the product (La Poste in Switzerland and Asendia overseas). If the products sent to the address indicated on the order form do not reach their destination, the customer should contact eméo directly at the address indicated in paragraph 10 - Postal and email address for customers.
The customer is obliged to check the products received immediately. If the customer does not notify éméo in writing of any defects within two (2) working days after receipt of the products, the products shall be deemed to have been accepted.
In the event of a warranty claim due to a defect in the goods, only the manufacturer's provisions shall apply. éméo expressly excludes any other warranty.
12. Intellectual property and use of rights
éméo owns the trademark, design, method, copyright, knowledge and any intellectual property rights. These rights may not be used by the Customer without prior written permission from éméo.
éméo shall have the right to use all its intellectual property rights for similar work including all ideas, concepts, programs and processes which it has developed and perfected while performing its services for the Customer, whether for the Customer alone or in conjunction with employees, partners or other agents of the Customer.
The various intellectual property rights developed during the contract with a customer remain the property of éméo unless expressly agreed between the parties.
13. Data protection and confidentiality
éméo processes customers' personal data in strict confidence in accordance with the laws in force. However, customers are informed that the data recorded in connection with the conclusion of the contract may be collected, processed and used for anonymous statistical evaluation purposes to recognize trends and improve the offer.
This shall only be impersonal information that does not identify the customer.
All éméo employees are bound by professional secrecy with regard to the customer. Professional secrecy applies to all information that employees have been given. Professional secrecy concerns any form of communication, whatever its form and scope.
However, the only data passed on to third parties are those that must be passed on to the partners commissioned to provide the service (e.g. addresses for transport and logistics providers).
For any questions about the protection of your data or our Privacy Policy, please contact us as follows:
Phone : +41264300952
Email : privacy@emeo.swiss
Post: Route Ancienne Papeterie 104, 1723 Marly
Implicit consent: By using our website, you implicitly agree to our Confidentiality and Security Policy.
14. Final Provisions and Place of Jurisdiction
éméo reserves the right to modify these Terms and Conditions at any time. The current version in force can be found online at https://emeo.swiss/shop/en/content/28-terms-and-conditions.
In the event of dispute related to translations, the French version of the Terms and Conditions shall prevail. If any of the provisions of these Terms and Conditions are found to be invalid or unenforceable for any reason, the validity of the remaining provisions shall not be affected.
The only applicable law is Swiss law, with the exclusion of private international law (PIL).
The Court of the registered office of éméo shall have sole jurisdiction to judge any dispute relating to the interpretation and execution of this legal notice. However, in the case of an action brought by a consumer in Switzerland, the registered office of éméo or that of the consumer's domicile (Art. 32 para. 1 let. a CPC) will have jurisdiction.
Version 1.1.0 / 04.04.2021
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