All orders placed by private clients, natural persons, (hereinafter “Client” or “Clients”) with SwissKubiK SA, public limited company under Swiss law with capital of CHF 700,000, of which the registered office is located at Place de l’Octroi 5, 1227 CAROUGE (GENEVA) – SWITZERLAND, (hereinafter “SwissKubik”), via its commercial website accessible at www.swisskubik.com (hereinafter “Website”) and relating to products marketed by this company are subject to these general conditions.
Enforceability of the general conditions of sale
No special conditions can, unless formal acceptance by SwissKubiK, prevail over these General Conditions.
Any contrary condition put forward by the Client will be, in the absence of express acceptance, unenforceable against the company SwissKubiK SA, regardless of when it may have been brought to its attention.
The Client, prior to his/her order, declares to be of age or with the authorisation of his/her legal representatives, and to have the full legal capacity, allowing him/her to commit himself/herself under these General Conditions of Sale and his/her order towards SwissKubik.
SwissKubik reserves the right to modify at any time these Conditions of Sale.
As such, the new General Conditions shall be enforceable against the Client as of his/her validation by the latter. However, any modification of these Conditions shall be deemed to be accepted and enforceable against the Client if the latter, having been informed of the said modifications, does not expressly oppose in writing to the new General Conditions within one week of becoming aware of this modification.
The fact that SwissKubik does not, at any given time, invoke any of the present provisions of these General Conditions of Sale cannot be interpreted as a waiver of any of the said conditions at a later date.
I – Order from SwissKubik:
Any order must be preceded by the validation, by the Client, of these General Conditions of Sale to be definitively validated by SwissKubik.
SwissKubik’s products are presented on a Product Sheet on which the Client has the opportunity, before finalising his/her Order, to verify the selling price, shipping costs based on the delivery address entered, as well as the description of the product.
By clicking successively on the “add to cart”, “confirm order” and “order” buttons during the ordering process, the Client declares to fully and unreservedly accept these General Conditions.
After having confirmed the contents of his/her order, the Client will validate it definitively by the corresponding payment.
Once the payment is made, the Client will receive an e-mail highlighting the essential information of the latter, mentioning the delivery information, as an indication.
The products are offered for sale subject to the stocks available.
If for any reason beyond its control, SwissKubik cannot proceed with the delivery of the ordered product, it undertakes to send an informational e-mail to the Client to inform him/her of the follow-up and the processing of the order.
SwissKubik retains ownership of the delivered products until full payment of the invoices and reserves the right to suspend delivery in the event of late payment and this until full settlement of the account.
SwissKubik 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 a single Client, in case of fraud or attempted fraud and in case of payment incident.
II – Client’s right of withdrawal:
The Client has a period of 14 days from receipt of the Product to notify his/her wish to return it to SwissKubik if he/she is not satisfied, then 14 days from this notification to actually return it.
For hygiene and safety reasons, only unused products, properly protected, in their intact original packaging, in perfect condition, suitable for resale, accompanied by any accessories, instructions for use and documentation as well as the corresponding invoice will be taken back. These conditions are cumulative.
Subject to the above, SwissKubik will refund to the Client, by bank transfer, the price of the returned products and the shipping costs invoiced (on the basis of the standard delivery charges), if they have already been paid by the Client, and within 14 days of the date of actual return of the products.
The return shipping costs will be borne by the Client.
After expiry of the fourteen (14) day cancellation period and in the absence of withdrawal, the order becomes final under the terms of these General Conditions of Sale and specific conditions expressly accepted by SwissKubik.
Any cancellation of orders beyond the expiry of the withdrawal period will be null and void.
III – PRICE and PAYMENT
3 a: Price display by SwissKubik SA
The prices displayed on the SwissKubik Website are those in effect on the day of the order by the Client.
These prices are indicated in Swiss Francs, Euros and US Dollars.
By default, Swiss VAT is directly included in the price displayed.
For any delivery to an address outside Switzerland, the Client will be invoiced the product price excluding tax, by SwissKubik SA.
In this case, the Client will be responsible for paying the VAT due to the tax authorities at his/her delivery address.
3 b: Payment
Invoices issued by SwissKubik are payable in full.
Payment can be made by credit card, bank transfer or via the secure PayPal system.
In case of exercise of the Client’s right of withdrawal under the conditions mentioned above, SwissKubik will credit the credit card, bank account or Paypal account of the Client in return, according to the terms and conditions chosen by the Client when placing the order.
IV – DELIVERY and BIILING
4 a: Delivery and billing address
The products are delivered by SwissKubik to the address indicated by the Client when ordering.
On request, the Client has the choice of sending an invoice to a different address (called billing address) by validating the option provided for this purpose when ordering.
4 b: Shipping costs
The shipping costs are calculated by SwissKubik according to the delivery address entered by the Client when ordering.
Unless otherwise specified by SwissKubik, shipping costs are the sole responsibility of the Client, and appear separately and visible on the invoice issued by SwissKubik.
In the event of delivery outside Switzerland, the Client remains responsible, as an importer, for the payment of all customs duties, taxes or other charges imposed on arrival of the Product at the delivery address mentioned in the order.
SwissKubik cannot be required to check and inform each Client about the customs duties or taxes applicable for each delivery destination.
4 c: Product Verification
At the time of receipt of his/her order, the Client is required to check the condition of the packaging of the goods and report on the delivery note all visible damage due to transport.
Any incident concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products) will be imperatively reported to SwissKubik within 24 hours maximum, to the following address: email@example.com or via the “contact us” section of the Website.
4 d: Delivery time
The delivery times indicated by SwissKubik, in the order, are as accurate as possible.
Failure to deliver by the indicated time does not give rise to damages, deductions or cancellation of orders in progress.
By accepting these General Conditions of Sale, the Client waives any request for compensation for any material or immaterial damage that may result from a delay in delivery.
V – MAINTENANCE and AFTER-SALES SERVICE
Routine maintenance and cleaning of the products is the responsibility of the Client.
Due to the technical nature of the products, and for safety reasons, repairs shall only be carried out by the SwissKubik after-sales service in accordance with the specific conditions of each product.
Consequently, SwissKubik SA will be released from any liability in case of modification, repair, addition and/or replacement of spare parts on the Product by any other party other than the SwissKubik after-sales service.
VI – GUARANTEES AND RESPONSIBILITIES
6 a: Warranty period
SwissKubik pays particular attention to the quality of its products, which are covered by a 3-year warranty from the day of delivery to the Client.
SwissKubik is required to deliver a product in conformity with the contract and is liable for any lack of conformity of the goods in accordance with the legal provisions.
Under these conditions, the Client, under the legal guarantee of conformity, may choose between the repair or the replacement of the product, subject to the cost conditions.
Under no circumstances will the product be refunded by SwissKubik.
6 b: Repairs outside guarantees
In case of a repair request for a product whose warranty has expired, SwissKubik will offer a quote to the Client.
6 c: Force majeure
SwissKubik SA cannot be held liable for breach of its contractual obligations due to a fortuitous event or a case of force majeure as defined by Swiss case law.
Similarly, SwissKubik cannot be held liable for delay due to a product being out of stock at one of its suppliers.
VII – INDIVISIBILITY
If any provision or part of the provisions of these General Conditions of Sale should be deemed illegal, void or unenforceable, such provision or partial provision shall be deemed not to form part of these General Conditions of Sale.
The legality, validity or enforceability of the other provisions of these General Conditions of Sale will not be affected, unless the law in force requires the opposite.
These General Conditions of Sale (together with the above-mentioned conditions and related policies) constitute the entire agreement between SwissKubik and the Client with respect to the ordering of products, and cancel and replace any agreement, drafts, covenant or other agreement of any kind entered into by the parties, whether verbal or written, with respect to that object.
VIII – Data protection and cookies
IX – Applicable law and jurisdiction
These General Conditions of Sale are subject to Swiss law.
All disputes relating to the commercial relationship between SwissKubik and the Client are subject to the jurisdiction of the Swiss courts and exclusively to that of the Cantonal Court of the Canton of Geneva in the jurisdiction of which SwissKubik SA is established.