The present general conditions govern all relations between our company:
TEKOE SA, Route du Village,76, CH-1040 St-Barthélemy
the Internet customer who makes a purchase on the website "tekoe.com", accessible at the following address: www.tekoe.com
The company can be contacted at the following email address firstname.lastname@example.org
Article 1 - Application and enforceability of the General Sales Conditions
The present General Terms and Conditions of Sale (hereinafter "the GTCS") exclusively govern the sale of our products on the website www.tekoe.com (hereinafter "the Site"). Consequently, the fact of buying our products implies the whole adhesion and without reserve of the purchaser to the GCS. Also, the validation by the purchaser of his order on the Site is worth acceptance by this one of the CGV. Except contrary proof, the data recorded on the Site constitute the proof of the whole of the transactions passed between our company and the purchaser. The fact that our company does not avail itself at a given time of any of the clauses of these GTC shall in no case be interpreted as a waiver by our company to avail itself subsequently of any of the said clauses. In the same way, any condition, contrary to the GCS, requested by the purchaser and not accepted by our company is not opposable to us.
Article 2 - Orders
The buyer can only place an order online if he or she has filled out the order form on the Site. Orders placed on the Site are recorded as soon as the buyer validates the order (by clicking on the "Validate order" button). However, the order becomes final only when it has been confirmed by our company (confirmation email). The contractual information and the GTC are presented on the Site in French and will be confirmed by our company at the latest at the time of delivery of the products.
Our company reserves the right to cancel or refuse any order from a buyer with whom there is a dispute over payment of a previous order.
Article 3 - Availability and quantity ordered
Our product offers and their prices are valid as long as they are visible on our Site, within the limits of available stocks. In the event of unavailability of one or more products after the placing of the order by the buyer, except in cases of force majeure provided for in Article 14 below, the buyer will be notified immediately and will have the opportunity to cancel the order. The reimbursement of the sums paid will then be carried out by credit on the bank account of the purchaser, in the 30 days as from the payment of the price by the purchaser.
Article 4 - Price - Transfer of ownership
4.1. The prices of the products are indicated in Swiss francs and include the costs of handling, packaging and conservation of the products but not the shipping costs. The prices are inclusive of all taxes (TTC), the VAT applied being that of the day of the order. Any change in the VAT rate will be automatically reflected in the price of the products. For other countries, the prices are exclusive of VAT.
The shipping costs of the products are as follows:
- Delivery in Switzerland:
- postpac delivery 2-3 days to the address indicated by the Customer, with a delivery in letter box with a participation of the purchaser of 7chf TTC to the forwarding expenses. From 50chf of purchase (discounts deducted), this mode of delivery is offered.
4.2. Our company reserves the right to modify the price of the products at any time. However, the products will be invoiced on the basis of the rates in force at the time of the placing of the order by the purchaser.
4.3. The products remain the property of our company until full payment of their price to our company.
4.4. Discounts are not cumulative.
Article 5 - Delivery
5.1 - General information
The products are delivered to the delivery address indicated by the purchaser at the time of his order.
The purchaser is required to take all necessary steps to ensure that the delivery is carried out correctly. As such, it is required to provide all information necessary for delivery (exact address, door code etc.). Otherwise, our company cannot be held responsible for a delivery failure. In such a case, the products will be returned to the warehouse of our company and the buyer will have to contact our Customer Service at email@example.com in order to know the steps to follow to recover the ordered products. Our company declines any responsibility as for the delay of recovery by the purchaser of his products.
5.2 - Deadlines
Orders are processed the day after they are placed. Orders placed on Saturday or Sunday are processed the following Monday. Orders placed on a holiday are processed the next business day.
If the totality of the order is not available, our company will contact the purchaser to propose to him to replace the unavailable products by one or more other products. In case of refusal of the buyer, our company will proceed either to the refunding of the unavailable products or to split shipments, according to the choice of the buyer. For the balance of the order, the shipping costs will not be charged.
The products are delivered in postpac for La Poste. The shipment of the order will be done within 2 working days following its registration. The time generally noted for the delivery of the products is 2 to 3 working days after the treatment and the forwarding of the parcel by our company (normal time of routing given by the Post office). It is possible to find a notice of passage when the parcel is too voluminous to be deposited in a letter box, it will indicate the post office which will keep the parcel during the standard time of the Post office.
If the products have not been delivered within 11 days, except in cases of force majeure as provided in Article 14 below, the sale may be canceled by email to firstname.lastname@example.org. The buyer will then be able to obtain restitution of his payment under the conditions envisaged in article 8 hereafter, with the exclusion of any other allowance or damages.
Likewise, if the products have been shipped after the maximum time period referred to in the above paragraph, the buyer may also cancel the order and request a refund of the products returned complete, in their original condition, accompanied by the purchase invoice, as well as the return costs.
In any case, the delivery within the time limit can only take place if the buyer is up to date with his payments to our company.
5.3 - Delivery problems
The buyer is required to check the condition of the packaging and the conformity of the products delivered as soon as the package is handed over to him by the carrier or collected from a relay point.
Any complaint for nonconformity of the delivered products must be notified by the purchaser, by email to email@example.com, in the 48 hours following its reception. Any complaint on the apparent defects of the delivered products must be notified by the purchaser within 72 hours following their reception by addressing an email to firstname.lastname@example.org. It will be up to the buyer to provide our company with any justification necessary for his claim.
In the event that the complaint is accepted by our company, the buyer will be able to benefit from the conditions of reimbursement or exchange provided for in Article 13 below.
In the absence of a complaint made within the above-mentioned time limits, the products will be deemed to be in conformity and accepted by the buyer.
5.4 - Order follow-up
As soon as our company proceeds with the shipment of the ordered products, an email is sent to the buyer. It is indicated to the purchaser the number of his parcel and a link is proposed to him towards the Internet site of follow-up of his delivery.
Article 6 - Payment
- or by credit card: Visa, MasterCard. The card is debited as soon as the order is placed.
- or by paypal account
In case of delay or default in payment, our company may suspend all outstanding orders, without prejudice to any other course of action.
Payment for professional orders can be made by bank transfer by sending a request to email@example.com
Article 7 - Right of withdrawal
Once the order has been delivered to the customer, the latter cannot exercise the right of withdrawal (except for the delivery problems listed in point 5.3).
Article 8 - Refunds
The refund of the products in the hypotheses referred to in articles 5 and 13 will be carried out within a time lower or equal to 14 days following the reception of the returned products by the purchaser.
The refund will be made by crediting the buyer's bank account.
Article 9 - Security
The Site is subject to a security system. Our company has adopted the SSL encryption process in order to protect all sensitive data related to payment methods as effectively as possible.
Article 10 - Customer Service
For any information or question about the products, our Customer Service is at your disposal at the following email address firstname.lastname@example.org.
Article 11 - Intellectual Property
12.1. All visuals, photos, texts, comments, works, illustrations, drawings and images reproduced on the Site are subject to copyright and intellectual property rights for the whole world. Any total or partial reproduction of the Site is therefore strictly forbidden.
12.2. The purchaser undertakes not to use the products in such a way as to infringe the rights of our company.
Article 12 - Liability
The products offered on the Site comply with the Swiss legislation in force and the standards applicable in Switzerland. The photographs of the products on the Site are communicated for illustrative purposes and therefore have no contractual value. The buyer is invited to refer to the description of each Product on the Site to know its characteristics and in case of doubt or if additional information is desired, to contact the Customer Service at the address email@example.com.
Article 13 - Guarantees
The buyer benefits from the legal guarantees of conformity of the good to the contract and hidden defects.
Thus, our company undertakes, at the choice of the buyer, to refund or exchange the products apparently defective or not corresponding to his order. The products must be returned to us new, complete, in their original condition (packaging, accessories ...) and accompanied by the original purchase invoice. No product can be refunded or exchanged before being returned and received by our company. It will be up to the buyer to provide our company with any justification as to the reality of the anomalies or defects. He shall refrain from intervening himself or from having a third party intervene for this purpose.
Article 14 - Force majeure
Neither party shall have failed to perform its contractual obligations to the extent that their performance is delayed, hindered or prevented by a fortuitous event or force majeure. A fortuitous event or force majeure shall be deemed to be any irresistible fact or circumstance, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party concerned by such circumstances shall notify the other within 7 working days of the date on which it becomes aware of them.
The two parties will then meet within 30 days to examine the impact of the event and agree on the conditions under which the execution of the order will be continued. If the fortuitous event or the case of force majeure lasts longer than 60 days, the order of products may be terminated by the injured party. Expressly, the following are considered as fortuitous events or cases of force majeure in addition to those usually retained by the jurisprudence of the Swiss courts and tribunals: the blocking of means of transport, delivery or supply, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks.
Article 15 - Applicable law - Disputes
The present GTC have been written in the French language which will be considered, in any case, as the only language of the parties. The interpretation and execution of these GTC, as well as all acts that would be the result or consequence, will be subject to Swiss law, regardless of the place of delivery of the products, the place of placing the order, the nationality of the buyer and his address. Any dispute arising from or in connection with this contract shall be submitted to the courts of the canton of Vaud, and more particularly to the district court of Lausanne, Switzerland.
Article 17 - Personal information
Article 18 - Cookies
Cookies are small information files that a website can send to the hard drive of a personal computer and then track. The cookies used on the Site make it possible to identify the services and sections that the purchaser has visited, and more generally his or her visiting behavior. This information is useful to better customize the services, content and offers that appear on the Site. Cookies are also necessary for the proper functioning of certain services or to measure their audience.