General terms and conditions of sale
All orders placed by private customers, natural persons, (hereinafter “Customer” or “Customers”) with SwissKubik SA, a limited company under Swiss law with capital of CHF 700,000, whose head office is located Rue Chausse -Coq 16, 1204 GENEVA - SWITZERLAND, (hereinafter "SwissKubik SA"), via its commercial site accessible at www.swisskubik.com (hereinafter "Site") and relating to the products marketed by this company are subject to these general conditions.
Applicability of the general conditions of sale
Placing an order with SwissKubik SA implies full and unreserved acceptance by Customers of the Conditions of Use, the Privacy Policy, the Cookie Management Policy, the General Conditions of Sale in force on the date of the order.
No particular condition can, unless expressly expressly accepted by SwissKubik SA, prevail over these general conditions.Any contrary condition posed by the Customer will, in the absence of express formal acceptance, be unenforceable against the company SwissKubik SA, regardless of when it may have been brought to its attention.
The Customer, prior to his order, declares to be of legal age or with the authorization of his legal representatives, and to have full legal capacity, allowing him to commit under these General Conditions of Sale and his order to SwissKubik SA.
SwissKubik SA reserves the right to modify these conditions of sale at any time.
As such, the new General Conditions are enforceable against the Customer from their validation by the latter. However, any modification of these Conditions will be deemed accepted and enforceable against the Customer if the latter, informed of said modifications, does not expressly and in writing oppose the new General Conditions within one week after becoming aware of this modification.
The fact that SwissKubik SA does not take advantage, at a given moment, of any of the present provisions of the General Conditions of Sale cannot be interpreted as a subsequent waiver of one or more of these conditions.
I - ORDER FROM SWISSKUBIK SA
Any order must be preceded by the validation, by the Customer, of these General Conditions of Sale to be definitively validated by SwissKubik SA.
SwissKubik SA products are presented on a product sheet on which the Customer has the possibility, before finalizing his Order, to check the sales price, the shipping costs according to the delivery address entered, as well as the description of the product.
By clicking successively on the “add to cart”, “checkout” and “place order” buttons during the ordering process, the Customer declares to fully and unreservedly accept these General Conditions.
After confirming the content of his order, the Customer will definitively validate it by the corresponding payment.
Once payment has been made, the Customer will receive an e-mail containing the essential information of the order, mentioning the delivery information for information purposes only.
The products are offered for sale while stocks last.
If for a reason beyond its control, SwissKubik SA cannot deliver the ordered product, it undertakes to send an information e-mail to the Customer to inform them of the tracking and processing of the order.
SwissKubik SA retains ownership of the delivered products until invoices are paid in full and reserves the right to suspend delivery in the event of late payment until full payment of the amount due.
SwissKubik SA reserves the right to refuse any order for legitimate reasons, and in particular, without this list being exhaustive, in cases where the quantities ordered are abnormally high or unusual for the same Customer, in the event of fraud or attempted fraud. fraud and/or in the event of a payment incident.
II - CUSTOMER’S RIGHT OF WITHDRAWAL
The Customer has a period of 14 days from receipt of the Product to notify his wish to return it to SwissKubik SA if he is not satisfied, then 14 days from this notification to actually return it.
For health and safety reasons, only unused products will be taken back, properly protected, in their original packaging intact, in perfect condition, suitable for resale, accompanied by all accessories, instructions for use and documentation. as well as the corresponding invoice. These conditions are cumulative.
Subject to the above, SwissKubik SA will reimburse the Customer, by bank transfer, the price of the returned products and the shipping costs charged (based on standard delivery costs), if they have already been paid by the Customer , and this within 14 days from the date of effective return of the products.
Return costs are the responsibility of the customer.
At the end of the fourteen (14) day withdrawal period and in the absence of withdrawal, the order becomes final under the terms of these general conditions of sale or the special conditions expressly accepted by SwissKubik SA.
Any cancellation of an order after the withdrawal period has expired will be null and void.
III - PRICE AND PAYMENT
3 a: Display of prices by SwissKubik SA
The prices displayed on the SwissKubik SA website are those in effect on the day of the order by the Customer.
These prices are indicated in Swiss francs, euros and US dollars.
By default, Swiss VAT is directly included in the displayed price.
For any delivery to an address outside Switzerland, the Customer will be invoiced at the price of the product excluding tax, by SwissKubik SA.
In this case, SWISSKUBIK SA will take care of paying the VAT due to the tax authorities at the delivery address.
3 b: Payment
Invoices issued by SwissKubik SA are payable in full.
Payment can be made by credit card, bank transfer or through the secure PayPal system.
In the event of the Customer's right of withdrawal being exercised under the conditions mentioned above, SwissKubik SA will credit the Customer's credit card, bank account or Paypal account in return, according to the terms chosen by the Customer at the time of payment. of the order.
IV - DELIVERY AND BILLING
4 a: Delivery and billing address
The products are delivered by SwissKubik SA to the address indicated by the Customer when ordering.
On request, the Customer has the choice of sending an invoice to a different address (known as the billing address) by validating the option provided for this purpose when ordering.
4 b: Shipping costs
Shipping costs are calculated by SwissKubik SA based on the delivery address indicated by the Customer when ordering.
4 c: Product verification
When receiving their order, the Customer is required to check the condition of the packaging of the goods and to report any visible damage due to transport on the delivery note.
Any incident concerning delivery (damage, missing product compared to the delivery note, damaged package, broken products) must be reported to SwissKubik SA within a maximum of 24 hours, to the following address: contact@swisskubik.com or via the “contact us” section of the Site.
4 d: Delivery time
The delivery times indicated by SwissKubik SA in the order are as precise as possible.
Failure to deliver within the deadlines indicated does not give rise to damages, deductions or the cancellation of orders in progress.
Likewise, SwissKubik SA cannot be held responsible for a delay due to a product out of stock at one of its suppliers.
By accepting these general conditions of sale, the customer waives any claim for compensation for any material or immaterial damage which could result from a delay in delivery.
V - MAINTENANCE AND AFTER-SALES SERVICE
Routine maintenance and cleaning of the products are the responsibility of the customer.
Due to the technical nature of the products, and for safety reasons, repairs can only be carried out by the SwissKubik SA after-sales service, in accordance with the specific conditions of each product.
Consequently, SwissKubik SA will be released from any liability in the event of modification, repair, addition and/or replacement of spare parts on the Product by any party other than the SwissKubik SA after-sales service.
VI – GUARANTEE AND LIABILITY
6 a: Warranty period
SwissKubik SA pays particular attention to the quality of its products, which are covered by a 3-year warranty from the day of delivery to the customer.
SwissKubik SA is required to deliver a product that complies with the contract and is liable for any lack of conformity of the goods in accordance with legal provisions.
Under these conditions, the Customer, under the legal guarantee of conformity, can choose between repair or replacement of the product, subject to cost conditions.
Under no circumstances will the product be refunded by SwissKubik SA.
6 b: Repairs outside of guarantees
In the event of a request for repair of a product whose warranty has expired, SwissKubik SA will offer a quote to the Customer.
6 c: Force majeure
SwissKubik SA cannot be held responsible for the non-performance of its contractual obligations due to a fortuitous event or a case of force majeure as defined by Swiss case law.
VII - INDIVISIBILITY
If any provision or part of the provisions of these General Conditions of Sale should be considered illegal, void or inapplicable, this provision or part of the provision will be considered as not being part of these General Conditions of Sale.
The legality, validity or applicability of the other provisions of these General Conditions of Sale shall not be affected, unless applicable law requires otherwise.
These general conditions of sale (together with the aforementioned conditions and related policies) constitute the entire agreement between SwissKubik SA and the customer with respect to the ordering of products, and cancel and replace any agreement, draft, convention or other agreement of any nature entered into by the parties, whether oral or written, with respect to this subject matter.
VIII - DATA PROTECTION AND COOKIES
In terms of data protection, the Customer must refer to and comply with the Privacy Policy and the Cookie Management Policy of SwissKubik SA.
IX – APPLICABLE LAW AND JURISDICTION
These general conditions of sale are subject exclusively to Swiss law.
All disputes relating to the commercial relationship between SwissKubik SA and the Client are subject exclusively to the jurisdiction of the Swiss courts and that of the courts of the canton of Geneva.
