Terms of Service
These General Terms and Conditions are applicable to all orders placed through the shop powered by SwissFavorites (the "Shop"). Please read them before ordering.
A. GENERAL PROVISIONS
The Shop was conceived by SwissFavorites and all rights, titles and interests in the Shop are the exclusive property of SwissFavorites. Copying all or any parts of the Shop is prohibited without the prior written permission from SwissFavorites.
B. PROVISIONS GOVERNING THE ISSUANCE OF ORDERS AND CONCLUSION OF CONTRACTS
Article 1. Acceptance of General Terms and Conditions
Once a user (the "Customer") has filled out the Shop's order form and confirmed the order then this will result in the full and binding acceptance of these General Terms and Conditions which will be the only terms applicable to the contract thereby entered into.
Article 2. Order confirmation and conclusion of contract
The Shop contains at all times a commercial offering to sell certain Products, but this shall not be construed as a legally binding permanent offer. Thus, as explained below, a contract is only concluded when and if the order is confirmed by the Shop. Once the payment has been confirmed in accordance with Article 3 of these General Terms and Conditions, the order is accepted by the Shop. The Shop reserves the right not to accept payment, and therefore not to confirm, for whatever reason, any order, including but not limited to reasons resulting from product supply, a problem with the order received, or a problem in completing the delivery.
Article 3. General Obligations of the parties
3.1 Obligations of the Shop
The Shop undertakes, once the order has been accepted, to sell the products set forth on the order (the "Products") and to deliver the Products ordered to the address indicated by the Customer. In relation to the above, the Shop undertakes to place the Products with the carrier of its choice not later than 10 working days after the order has been accepted.
3.2 Obligations of the Customer
The Customer shall clearly indicate the address to which the Products are to be delivered during business hours. The Customer undertakes to pay for the delivery (price of the Products plus transport).
Article 4. Specific Provisions
4.1 Price, Invoice
The total price (the "Price") shown by the Shop on the order form is definitive. The Price includes: the price of the Products, but not handling costs, packaging and transport. The Price will be in US Dollars, any amounts stated in other currencies being only for the purposes of estimating the price in another currency. Payment will only be accepted by Visa, Master Card, or American Express. Once the order has been accepted, the Customer will be charged in US Dollars. The Shop will issue an invoice to the customer’s email address.
4.2 Transport - Delivery - Delivery Schedule
Unless the Customer has failed to make payment for any reason, the Products will be delivered to the address indicated. The delivery time given to the Customer by the Shop depends on the destination. In case delivery is made and nobody is at the indicated address to accept delivery, the carrier shall leave a note indicating that it was unsuccessful in making the delivery and that the Customer should come to recover the Products at a location specified by the carrier. The Shop will not, for any reason, be held liable for any deterioration in the Products due to a Customer's failure to collect the Products in a timely manner.
4.3 Transfer of Risk
The transfer of risk of the Products takes place when the Shop gives the Products to the courier.
4.4 Qualification upon Receipt - Limited Rights to Reimbursement / Replacement
The Customer can only make a claim if the Products delivered do not conform with the type or quantity ordered. The claim must be made in writing to the Shop no later than 72 hours after delivery. The Customer can report physical damage to their Products to the courier and the Shop. The claim must be made in writing to the courier with pictures of the damage. The Customer shall supply the courier's confirmation of the validity of the Customer's claim to the Shop. If the above procedures are respected, and the claim is proven to be valid due to the packaging and the Products being seriously damaged, the Shop at their choice, will either reimburse the Customer the Price or replace the Products at the Shop's expense. If the delivery is not in conformity with the quantity ordered, the Shop will reimburse the difference in the price between the Products ordered and those delivered only if those delivered are sold for less than those ordered and paid for. No claim will be accepted with respect to the taste, appearance or freshness of the Products.
4.5 Limited Guarantee
The Shop guarantees that the Products are genuine and that they have taken all the necessary care and attention to assure they correspond to the description that is given on the website at the date the order was made. The Shop guarantees that the Products are of good quality. The above is the only warranty given by the Shop. No other warranties, whether express or implied, are given. In particular, the Shop does not warrant that the Products correspond to the specific expectations of the Customer.
4.6 Liability - Limitation of Liability
The Customer is personally liable for its choice of Products and after delivery is entirely responsible for the conservation and consumption of the Products. The Shop will not be held liable for not respecting any laws or regulations in the destination where the Products are delivered. The shop is only liable for complying with local regulations relating to the Products. In any event, the liability of the Shop is limited to the lesser of the following amounts: 1) the direct damage suffered by the Customer or 2) the price of the order irrespective of the basis on which the Shop's liability may be assessed.
C. INVALIDITY - FORCE MAJEURE - APPLICABLE LAW - COMPETENT COURTS
If any one of the clauses of these General Terms and Conditions are, for whatever reason, declared invalid or invalidated for any reason, this will not affect the application or the validity of the other clauses. The clause declared invalid, or invalidated, will be replaced by the disposition closest to that clause.
Neither the Shop nor the Customer will be held liable for any failure to perform their obligations as a result of a force majeure beyond their control, including but not limited to the following: war, riot, insurrection, interruption of transport systems, problems relating to export and import, strikes, lock-out, shortage of Products, fire, earthquakes, storms or floods.
These General Terms and Conditions are governed exclusively by US law. All litigation or disputes between the parties shall be brought only before the competent court in Springfield, Virginia.