Article 1. Preamble
The present general conditions of sale apply exclusively between SwissKubiK SA (further on “Us”), and any person visiting or buying via the site www.swisskubik.com (further on “you”). Every net surfer can enquire into the general conditions of sale on the site www.swisskubik.com/shop. These general conditions of sale can be modified; the conditions applying are the one in force at the date the order was placed.
Article 2. Contract
2.a: Conditions to place an order.
You declare being aged of at least 18 years old and having the legal capacity or a parental authorization that allows you to place an order on the site.
2.b : Stages of conclusion of a contract.
After having placed your order, you receive an e-mail that confirms the elements of your order and that informs you about the next sending of it in the announced times. This electronic mail forms thus the sale contract between You and Us. If for a reason independent of our will, one or more articles couldn’t be delivered within the times indicated, we would send you a new mail to hold you informed about the new date of availability of the out-of-stock item(s).
Article 3.Price, availability and delivery
3 a: Prices Displayed
Prices displayed on the website are quoted in Swiss Francs, Euros and American Dollars; Swiss VAT included. Customers from other countries will see prices shown without taxes.
3 b: Payment
Payment can be made by credit card (secure PayPal payment).
Except for delivery in Switzerland, where the computer system automatically adds the VAT when ordering online, VAT payment in the country where SwissKubiK SA sends the product must be paid by the purchaser. Any order placed on the website www.swisskubik.com/shop cannot be canceled, in no case whatsoever, once the products are sent.
3 c: Delivery and billing address
Products are delivered to the address specified by the customer on the order form. The customer may, upon request, have the invoice sent to the billing address and not the delivery address by validating the option provided for this purpose on the order form.
3 d: Delivery problems due to carrier
The customer is responsible for verifying the condition of the product packaging upon delivery and indicating any damage to the carrier on the delivery note, as well as to SwissKubiK SA. Any anomaly concerning delivery (damages, delivery-related missing products, damaged package, broken products) must be indicated upon receipt imperatively. In case of damage, the customer must inform the carrier no later than the first business day following the date of delivery.
3 e: Delivery errors
The customer must address to us on the same day of delivery or, at the latest, one working day following delivery, any claim of delivery errors and/or non-conformity of products in kind or in quality compared to indications listed on the order. All claims made beyond this time frame will be rejected. This type of claims can be made to us:
– Via our website under the “contact us” form
– Via post mail: firstname.lastname@example.org
3 f: Delivery time
When product parts are in stock, delivery time is approximately 10 days (except in cases of force majeure, transport strikes, etc.)
Article 4. Customs duties
Any order placed on the site and delivered outside Switzerland could be subjected to possible taxes and customs duties that are imposed when the parcel arrives to destination. These customs duties and possible taxes dependent on the delivery of a product are with your load and on your own responsibility. We are not held to check and to inform you about the customs duties and taxes applicable. In order to be acquainted with them, we recommend you to contact the proper authorities of your country.
Article 5. Returns
Thanks for agreeing to take note of our policy of returns applicable to the articles which we sell. In the event of delivery of an article not in conformity with your order or damaged during transport, thanks for agreeing to consult our policy of delivery (article 3). To be accepted, any return will have to be announced as a preliminary to the Customer service of SwissKubiK SA. The expenses of sending are with the load of SwissKubiK SA, except if the taken again product does not correspond to the declaration of origin written by the consumer on the return note.
Article 6. Reserve of property
The delivered goods will remain our property until you have filled all your obligations in our opposition, and in particular until the integral payment of the price.
Article 7. Guarantees and responsibility
7a. : provisions of the legal guarantee of the hidden defects
We commit ourselves taking all the care in use in the profession for the implementation of the service offered to the customer. Nevertheless, our responsibility could not be retained in the event of failure with our contractual obligations because of a fortuitous occurrence or of a case of absolute necessity as defined by the jurisprudence pronounced by the Swiss jurisdictions. Our responsibility will not be committed in the event of delay due to an out-of-stock condition at a manufacturer or the supplier. Moreover, in the event of non substantial differences between the photographs of presentation of the products on our site, texts and descriptions ordered, our responsibility will not be committed. We implement all the means We have to ensure the services, objects of these general Conditions of sale. We are responsible for any damage direct and foreseeable at the moment of the use of the site.
7b : provisions of the guarantee of the bought products
We commit ourselves replacing the possible defective products. If the latter can be replaced, they will be in no case refunded. The guarantees of the products bought on the site are 2 years. In the event of request for repair of a product whose guarantee will have expired, the prices charged will be those in force, a preliminary estimate being able to be required at the manufacturer, at a cost of 50,00 Swiss francs, deductible from the invoice if repair is carried out.
Article 8: Governing Law and Jurisdiction
These general conditions of sale are subject to Swiss law under Contracts for the International Sale of Goods. All disputes relating to the commercial relationship between You and Us are subject to the jurisdiction of the Swiss courts and exclusively those of the District Courts of the Canton of Geneva, since SwissKubiK SA’s headquarters are located in the city of Geneva.