1.1. These Terms and Conditions (“Terms and Conditions”) govern the sale and delivery of products 26 SPIRITS OF SWITZERLAND offers on its website http://www.26spirits.ch (hereinafter referred to as the “Website”), between MY MARACUJÁ Sàrl, société à responsabilité limitée in Switzerland, having its registered office at 4 rue Louis-Curval, 21206 Genève, Switzerland, registered in Switzerland under the number CHE-327.992.271 (hereinafter referred to as “MY MARACUJÁ”) and the buyer having an IP address in one of countries as set out in article 2.1 below and whose identity has been indicated in the order (hereinafter referred to as the “Buyer”).
1.2. Any order for a product offered for sale constitutes full acceptance of the Terms & Conditions in force at the time of placing the order. MY MARACUJÁ suggests the buyer reads them carefully before ordering a product on the Website, saves or prints a copy to which the buyer can refer to, being understood that the Buyer is solely responsible for saving or printing this document.
2.1. Transactions requested by individuals residing or having a delivery in Switzerland and the rest of the world will be treated (apart destinations not ensured by La Poste or FEDEX).
2.2. The Website is normally set up for the sale of products to final consumers. However, the purchase of a corporation who wants to give gifts to employees or grouped together purchases of its members is possible under certain conditions. MY MARACUJÁ reserves the discretionary right to refuse or cancel any orders, including orders that appear to be fraudulent or if MY MARACUJÁ has reasons to believe that customers intend to resell and / or export commercially the products.
2.3. By using or ordering through this web site, the buyer consents:
2.3.2. Having all necessary legal rights to purchase online.
2.3.3. Being 18 years old or older.
2.3.4. Being a resident of above mentioned territories; and
2.3.5. Having accessed this web site from one of these territories.
3.1. By placing the order, the buyer must confirm that the said order is correct and accept these Terms and Conditions. If the order is not correct, he/she can return to it and correct errors before submitting the order. It is the buyer’s responsibility to ensure that the order is correct before its submission to MY MARACUJÁ.
3.2. An order constitutes an offer to buy 26 SPIRITS OF SWITZERLAND products in accordance with the Terms and Conditions and is subject to MY MARACUJÁ’s approval.
3.3. MY MARACUJÁ will acknowledge receipt of each order by sending a confirmation email to the buyer, being understood that in no case the confirmation shall constitute acceptance of the order.
3.4. All products are sold subject to availability.
3.5. Upon acceptance of payment, MY MARACUJÁ sends the buyer a confirmation email summarizing all the information about the order, including full contact details, availability of products ordered, total cost of products, payment method, time and place of delivery.
3.6. The buyer and MY MARACUJÁ are bound by an online sale’s contract upon confirmation of acceptance of the Buyer’s order by email.
3.7. This agreement applies only to products covered by the order confirmation.
3.8. Placing an order through the Website involves no creation of account.
4.1. MY MARACUJÁ strives to ensure that all information, descriptions and prices displayed on the Website are accurate, except in case of obvious errors. If MY MARACUJÁ discovers an error in the price of the products the buyer ordered, MY MARACUJÁ will inform the buyer as soon as possible, and let him/her choose either to reconfirm the order at the correct price or to cancel it. If unable to contact the buyer, MY MARACUJÁ will consider the order as cancelled. If the buyer cancels the order while he/she has already paid for the products, he/she will be fully refunded.
4.2. The price of the products ordered by the buyer is the one provided on the Website and in the order confirmation. Prices indicated in the Website are only valid for sales made on the Website. It is possible that, despite MY MARACUJÁ’s efforts, typographical or printing errors may be discovered in the prices of the products. All products prices are indicated in Euros without tax. For all deliveries in Switzerland, VAT is added at checkout. For the rest of the world, either the carrier or MY MARACUJÁ may invoice import taxes to the customer.
4.3. Payment can be made either by credit card or by PayPal. The payment of the entire price must be made at the time the products are ordered and in all cases prior to the shipping order. In no event the paid amounts are to be considered as deposits. MY MARACUJÁ reserves the right to delay delivery until MY MARACUJÁ has received full payment for the ordered products.
4.4. All credit card holders are subject to validation checks and authorization by the issuer of the credit card. Personal data of the holder of the credit card are required for these checks and can be exchanged with third parties. If the issuer of the credit card does not authorize the payment of the buyer’s order, the delay or non-delivery of the order will not be incurred by MY MARACUJÁ.
4.5. In addition, information about the order and payment are subject to automated processing according to terms and conditions available on http://stripe.com. This automated data processing ensures the security of card payments online. The buyer is advised to read the relevant legal mentions on the website.
5.1. Deliveries are made everywhere in the world apart destinations not ensured by La Poste or FEDEX.
5.2. Except for special cases or unavailability of one or more products, the products ordered will be delivered at the same time.
5.3. All deliveries are sent to the address entered by the buyer at the time of ordering and confirmed by MY MARACUJÁ in its email order confirmation within five (5) to fifteen (15) days maximum from the date of receipt of the order.
5.4. Your shipment will be delivered by companies such as La Poste or FedEx or equivalent and according to their shipping terms and conditions.
5.6. The buyer will be informed specifically of the delivery date through a shipping notice emailed to the same address provided during the order process.
5.7. If the delivery time as stated above is exceeded and not justified by an event of force majeure, the buyer may request the cancellation of the sale in accordance with the applicable law and obtain the reimbursement of the amounts paid during the order process provided such order was not received.
6.1. Ownership of the goods is transferred to the buyer at the time of delivery.
6.2. Risk of the products passes to the buyer upon delivery. Risks in the sense of this provision means the responsibility for damage caused to or by use, handling or storage of the products. The risks associated with the return of a product, whatever the reason, lie the buyer.
6.3. Upon delivery, the buyer shall open the parcel in the presence of the carrier to check the status of the products. The buyer must notify MY MARACUJÁ of any missing product, any damage or defect within seven (7) days after delivery by registered mail addressed to MY MARACUJÁ Sàrl, 4 rue Louis-Curval, 1206 Genève, Switzerland or firstname.lastname@example.org with all supporting documents illustrating and proving the damages and/or losses occurred. After this period and failing to comply with these formalities, the products will be deemed compliant and free of any defect and no claim will be accepted by MY MARACUJÁ.
7.1. The buyer has a right of withdrawal he may exercise within fourteen (14) days as from the date of delivery of any not suitable product. To this end, the buyer should ask the customer service e-commerce MY MARACUJÁ a return form by email. Upon receipt of the email notifying the return, the buyer must print a copy and attach to goods which must be returned to the address indicated.
7.2. MY MARACUJÁ will exchange the product or refund the buyer the price charged, according to the wish expressed by the buyer, if the withdrawal was made within the period specified above, and provided that the returned product was not worn, used or damaged, is in the condition it was when delivered (packaging, extra links, warranties and instructions intact) and is accompanied by a copy of MY MARACUJÁ’s email notifying the return. Costs of returning the product(s) are the responsibility of the buyer.
7.3. These return fees will be refunded to the buyer only if the products delivered and returned to MY MARACUJÁ within the statutory deadlines were not consistent with the ones by the buyer or were defective.
7.4. If the buyer has expressed the wish to be reimbursed, MY MARACUJÁ will refund the amount invoiced within thirty (30) days from the date of receipt of the product by 26 SPIRITS OF SWITZERLAND. Refunds will be made to the corresponding payment card or PayPal account used to place the order. If only part of the order is returned, the buyer will be responsible for the delivery costs.
8.1. Contractual guarantee
8.1.1. The products sold on this website are guaranteed by the MY MARACUJÁ international guarantee against defects in material or workmanship for a period of 24 (twenty four) months from the date of delivery. The guarantee terms are detailed in the warranty booklet supplied with each product.
8.1.2. In the event of a defect covered by this guarantee, MY MARACUJÁ may, in its sole discretion, either repair or replace the defective product free of charge.
8.1.3. Any claim covered by this guarantee may be made by the buyer in writing at any service center approved by MY MARACUJÁ and sent with the product well packed in a parcel insured with return receipt, either by bringing the product directly to an retailer authorized by MY MARACUJÁ. Any guarantee related claim must be accompanied by an original guarantee card duly completed, dated, stamped and signed by MY MARACUJÁ.
8.2. Notwithstanding the terms of contractual guarantee given to the customer with the product delivered, 26 SPIRITS OF SWITZERLAND products sold on this website are subject to the following guarantee:
8.2.1. The products delivered must comply with the contract and MY MARACUJÁ is liable for defects of conformity existing at the time of delivery. MY MARACUJÁ is also responsible for the lack of conformity resulting from the packaging, instructions for assembly.
8.2.2. To comply with the contract, the products must:
1° fit for the purpose usually expected of a similar property and where applicable:
– comply with the description given by MY MARACUJÁ and possess the qualities that MY MARACUJÁ held out to the buyer as a sample or model;
– have the qualities that a buyer might legitimately expect in view of public statements made by MY MARACUJÁ, the producer or its representative, particularly in advertising or labelling;
2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to MY MARACUJÁ and which the latter agreed to.
8.2.3. Action resulting from defects in conformity will lapse after 2 (two) years as from the date of delivery of the products.
8.2.4. The delivered products are guaranteed against hidden defects which render them unfit for the use for which they are intended, or reduce their use to the point that the buyer would not have acquired them, or would have demanded a lower price had he/she known about them.
8.2.5. Any action based on hidden defects of the purchased product making it unfit for the use for which it is intended shall be prescribed by 2 (two) years from the date on which the hidden defects are discovered.
9.1. In any event, and to the extent permitted by law, and/or MY MARACUJÁ, nor any of its distribution network, nor any other party involved in the creation or operation of this Website may be held responsible, with respect to the buyer or any third party, for any indirect damage, including loss of profits, business, data, etc.., whatever the cause (for example, access to or use of this Website or linked sites, or inability to access or use this Website or linked sites – for example due to a power failure or technical problems causing a suspension or interruption of Service – modification, or unauthorized access to personal information, or accidental transmission of this information due to a virus).
9.2. MY MARACUJÁ shall be entitled at any time to modify, update, delete, remove, or suspend, temporarily or indefinitely, the whole or any part of this Website or any content posted on it without notice and without incurring any liability.
9.3. MY MARACUJÁ makes every effort to ensure that the information is always accurate and complete, however MY MARACUJÁ is not liable in respect of the buyer or any third party, in any way whatsoever, for inaccuracy of information on this Website or lack of information. MY MARACUJÁ takes the greatest care in presenting the products and their descriptions. However, photos of products are shown for illustrative purposes only. The buyer should check the description of each product to know the precise characteristics. MY MARACUJÁ wishes to clarify that the products on this Website are not necessarily shown at actual size. The Colours of bracelets, dials, etc. are non-contractual.
9.4. MY MARACUJÁ’s responsibility for repairable damage it may cause to the buyer during a sale described herein is limited solely to the repair of foreseeable, direct and material damage actually suffered by the buyer and resulting from a breach of MY MARACUJÁ’s obligations, except for wilful misconduct or gross negligence of the buyer. This repair will be limited to the amount of the last purchase of the buyer, even if MY MARACUJÁ was advised of the possibility of occurrence of such damage.
10.1. All information and materials contained on the Website (including, without limitation, brand, logos, written, photographic, design, audio, films, etc…) are protected by international intellectual property and copyright laws and are MY MARACUJÁ’s exclusive copyrighted property unless mentioned otherwise. All rights reserved.
10.2. MY MARACUJÁ does not concede any licences or rights other than visiting the Website. Any reproduction, modification, sale, display, distribution, transmission, or insertion on other websites, etc., of any part of this Website at any time and under any circumstances, is strictly prohibited, without the prior written permission of MY MARACUJÁ.
10.3. All software compilations related to the web site are also protected by international copyright law. None of these may be modified or used in a modified version at any time and under any circumstances.
11.1. This Website is likely to contain links to other websites operated by third parties and not affiliated to MY MARACUJÁ. The inclusion of any link to such third-party sites does not imply endorsement by MY MARACUJÁ of those sites. MY MARACUJÁ has not reviewed all of the sites linked to its Website and is not responsible or liable for the content, accuracy, access, damages, usage or operations of any off-site pages or any other sites linked to this Website. Linking to any other off-site pages or third-party sites is at the buyer’s own risk.
11.2. MY MARACUJÁ is not responsible or liable for the content or operation of any third-party website linking to its web site and for any related damage linked or inferred by their use.
11.3. The buyer cannot create hypertext links to the MY MARACUJÁ Website on his/her own behalf or on behalf of any third party without MY MARACUJÁ’s prior written consent.
12.1. MY MARACUJÁ reserves the right to change these Terms & Conditions at any time and without any prior notice. Any changes or updates of these Terms & Conditions are valid upon online publication. These changes and updates are binding on the buyer who must thus refer to this heading in order to check the current Terms and conditions applicable.
12.2. The applicable and valid Terms & Conditions are those in force on the date the order is placed by the buyer.
13.1. Headings. The headings used in these Terms and Conditions are only for reference purposes and convenience. They do not affect the meaning or scope of the provisions they designate.
13.2. Severability. If any provisions or part of the provisions of these Terms and Conditions shall be deemed unlawful, void or unenforceable, the remaining provisions remain unchanged and in full force.
13.4. Electronic communication. The legislation requires that certain information or communications MY MARACUJÁ addresses to the buyer be made in writing. By using this Website, the buyer agrees expressly and unreservedly that the communication performed with MY MARACUJÁ be mainly electronic. MY MARACUJÁ will contact the buyer by email or provide information by posting notices on the Website. In making an order on the Website, the buyer agrees expressly and unreservedly to communicate electronically with MY MARACUJÁ.
13.5. Contact. For any questions relating to the purchase of a 26 SPIRITS OF SWITZERLAND product or complaint, the buyer can contact the 26 SPIRITS OF SWITZERLAND’s Customer Service:
– By sending a letter to the following address: MY MARACUJÁ Sàrl, 4 rue Louis-Curval, 1206 Genève, Switzerland;
– By email to the 26 SPIRITS OF SWITZERLAND Customer Service by email at email@example.com, which will personally handle your request;
– And/or by phone at 022 347 2484.
13.6. Applicable law and jurisdiction. These Terms and Conditions are governed by and construed in accordance with Swiss law and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980. In case of dispute relating to these Terms and Conditions, the ordinary courts of the Canton of Geneva shall have exclusive jurisdiction.
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