General terms and conditions of sale of the SwissFashionDG website
SwissFashionDG makes available to its customers through the website swissfashiondg.com, for the marketing of exquisite fashion items from leading clothing brands and clothing accessories subject to acceptance of the terms and conditions of sale and use that will be listed below. The use of the word "we" in the following is dedicated to SwissFashionDG and its members.
Visiting any part of this site, whether for the purpose of purchasing a clothing accessory or for the purpose of simply browsing, signifies acceptance of these Terms and Conditions of Sale. They apply to all visitors to this site, regardless of their origin, and their intentions towards the site.
We invite you to read these Terms of Sale before accessing our website. No access to or use of any part, tool or information available on this website shall be made without first reading these Terms of Sale.
New features, information or products added to this site will be subject to these Terms of Sale in the same way as information currently available.
Our shop is hosted by greeNative.ch who created this online shopping platform, allowing us to offer you the wide range of clothing items available on this site.
Article 1: Conditions of use
By these terms and conditions of sale and use, you agree to our methods of operation, and you identify yourself as a person of legal age, giving permission to any other natural person of legal age under your charge, to use this web page.
The purchase of our products for illegal reasons or purposes, whether permitted or not, is prohibited within our jurisdiction or yours.
Article 2: General Terms and Conditions of Sale
The following general terms and conditions of sale govern the rights and obligations of both parties to the contract in connection with the online sale of SwissFashionDG products.
We, SwissFashionDG, the seller subject to this contract, have the right to change these terms and conditions. The applicable conditions are those in effect at the time (date or other time indication) of the customer's purchase validation constituting the second part of this sales contract.
We ensure that the customer's acceptance of these rules and conditions of sale is fully verified and takes place in full consideration of all elements of the contract. You have a checkbox, which clearly indicates that you have voluntarily accepted the terms and conditions of sale governing the relationship between seller and customer on this site. You then declare that you are fully aware of the general terms and conditions of sale, when you first visit the site, or when you make your first purchase.
You acknowledge that you have received all the information or advice required to ensure that the services of SwissFashionDG meet your needs.
You affirm that you are able and entitled to enter into a legal contract in accordance with the laws in force in Europe.
Otherwise, the information recorded about you will constitute our evidence of your visit to our site.
Article 3: Prices and terms of price reduction
The prices of the products at SwissFashionDG are quoted in Euros (EUR), Dollars (USD) and Swiss Francs (CHF) excluding VAT.
For products shipped outside the European Union, customs duties, local taxes, import duties or state taxes may be required. All of these charges outside of the order will of course be borne by the buyer (you) and it is your responsibility to ensure that they are paid. We therefore invite you to take note of this information from the relevant authorities. The costs of accessing the site from the internet are also at your expense, and we reserve the right to change the prices of our products at any time, without necessarily notifying you.
When a discount is applied to a product, the final price of the product is obtained by subtracting from the base price the product of the price and the percentage discount. For example, let's take a handbag with a price of P, which has a discount of 55 %. The discounted price (Pr) is obtained by taking the base price P, minus the base price P multiplied by 55 %. In other words, Pr = P - (Px55/100).
Article 4: Conclusion of the online contract
In accordance with article 1127-1 of the Civil Code and the provisions of the laws of the aforementioned code, a series of steps must be followed in order to finally reach your objective on this site: the purchase of a branded clothing accessory.
The steps include: taking information about the product (weight, dimensions, colour, usefulness, etc.), selecting the product to proceed with the purchase, choosing the options (size, colour and others), adding to the shopping cart, indicating the email for information about the progress of the order, accepting the Terms and Conditions of Privacy and Sale, and launching the order, followed by the card payment process with the entry of the card information or identifiers for payments by electronic means such as PayPal. Before confirming your order, you can check the information entered, in order to modify it in case of probable errors. The validation of your order confirms the contract between SwissFashionDG and you (a contract between seller and buyer). You will then receive an email confirmation of the validation of your order, and other useful additional information to know about the product, the order, and its delivery.
The delivery is made to the address that you will have indicated during the validation of the order, and not any other address. In order to ensure that all stages of the order process, from the choice of product to delivery, are carried out correctly, you undertake to provide us with truthful information about your identity, your bank details and, in particular, the delivery address for the product.
Article 5: Products and services
The products offered by SwissFashionDG are clothing accessories for men and women. Bags for men and women, handbags, belts, jewellery, watches and other branded clothing accessories for a luxurious style.
The essential characteristics and prices are available on the page dedicated to the presentation of each product. Size, colour, weight and other useful information about the product. We reserve the right to change prices (increase or decrease) at any time without prior notice.
Before any purchase, you are informed of the conditions of sale in force in accordance with article L. 112-1. The price of the product taken into account at the time of the order is the one in force at the time you place your order. A change in price will not affect the price of your order if you have paid for it before the said price change. Delivery is free of charge in more countries throughout Europe, and delivery times are between 4 and 8 days.
The information relating to the sales contract before validation is indicated in 3 languages: French, English and German. You can thus consult the different pages of the company's website in these 3 languages if your browser does not have a translation tool.
By validating your shopping cart, you acknowledge that you have received details of delivery charges and the means available for payment, as well as precise data regarding our identity, postal address, telephone and e-mail addresses, and the part of the sales contract that you have to fulfil. We undertake to meet your needs through the orders you place with us (within the limits of available stock). In the case of a stock shortage, it will be easy to notice the impossibility to order. You can then send us an email to let us know that you are interested in the product and we will notify you by email when it is available for delivery again. You can also place the product in your favourites while waiting for it to be available in stock again.
Article 6: Compliance
The products sold on this site, and governed by this Sales Contract, are products that comply with the requirements relating to the safety and health of any individual. We are liable for any defects in the products you order in accordance with Article L. 411-1 of the French Consumer Code.
In accordance with article L. 217-4, we deliver products that comply with the sales contract, and we hold ourselves responsible for defects concerning the products or the packaging.
We do not offer any guarantee on our products, except for the possibility of return. If you are not satisfied with the product after delivery, it is possible to return it, following a number of steps of course, if the product still meets the conditions for a return. Returned products are accepted within 2 weeks or 14 days (including weekends and holidays).
Article 7: Retention of title clauses
Until payment of the product price, i.e. validation of the shopping cart, the products on this site are our property. The product becomes your property from the moment you validate your order and checkout.
Article 8: Delivery terms
The products you order are delivered to the delivery address indicated during the validation of the order.
As soon as you take possession of the shipped product(s), the risk of loss or damage to the product is automatically transferred to you. You become responsible for any loss, damage or other situation that may affect the condition of the product.
After validation of the order, the preparation of the shipment takes between 1 and 3 days. The time taken to receive your package after shipment can vary between 4 and 8 days and does not take into account the period before shipment.
From the moment your parcel is dispatched until it is received, you can track it using the information contained in the e-mail you receive at the time of dispatch to inform you of the departure of your parcel.
Article 9: Availability and presentation
Our items available on the site are all in stock and therefore ready for delivery. If you are confronted with a product that is out of stock, please consult the procedure to follow, in article 5 on Products and Services.
Article 10: Payments
Payment for your product is required directly after the order has been confirmed. You can pay by card (Visa and Mastercard) or using the electronic payment methods PayPal and TWINT. Online payment by card is secure and the information you provide about your bank account or your personality is encrypted and therefore inaccessible to a potential malicious person.
When the transaction is initiated, the money is debited after all information is verified. In accordance with the provisions of the French Monetary and Financial Code, payment by card is irrevocable when it is initiated. When you validate your order, you give us your banking information, you confirm that you are the true legal guardian of your payment method, and thus authorize us to debit your balance for the exact amount of the order. If there is an error for any reason (e.g. the card cannot be debited) the order will be cancelled.
We accept all payments through the following 4 methods: Visa, Mastercard, PayPal, and TWINT. We do not accept payments by cheque or cash.
Article 11: Withdrawal period
In accordance with article L. 221-5 of the French Consumer Code, you (the buyer) have the right to withdraw from a product with which you are not satisfied, within 14 days from the date of delivery or receipt of the product.
According to the provisions of articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal which you enjoy must only be used for the sole purpose of satisfying you, and if the product does not suit your order. If, for example, you ordered a green leather shoulder bag and you receive a yellow leather shoulder bag, make sure that you actually selected a green shoulder bag when you placed the order. Errors accepted are only those that can be identified directly on the website. Mistakes made by you will not be taken into account.
The returned product must be in the same condition as it was delivered, in its original packaging, with accessories, instructions and any other product details. A hat or a pair of glasses with the label already torn off cannot be returned.
When you make use of your right of withdrawal, the total amount of the purchased products as well as the shipping costs (delivery) will be fully refunded.
Article 12: Guarantees
The items sold on the official website of SwissFashionDG are without guarantee. Indeed, we do not offer any guarantee for the clothing accessories we sell, but returns are possible and easy to do within 2 weeks (14 days) in case of non-conformity between the order and the product received, or if you are not satisfied with your product.
Article 13: Complaints and mediation
For all complaints coming from one of the customers of the SwissFashionDG site, the contact can be established with the company with the e-mail email@example.com or the telephone number: +41 848 828 200.
In accordance with the provisions of Articles L. 616-1, L. 616-2 and L. 616-3 of the Consumer Code, you have the right to have recourse to a consumer mediator, subject to the conditions laid down in the first title of Book VI of the Code in question (see Article 19 on Consumer Information).
In the event that the claim is not resolved (no response from the buyer) within 2 months, the consumer has the option of submitting the claim to another mediator (an independent mediator) whose role will be to bring the two parties to the contract together in order to reach an amicable solution.
Article 14: Termination of the contract
The buyer (you) can resolve the order in the event of problems or complications by sending a letter with advice of receipt.
- The product delivered is not the one subject to the order you placed.
- The item ordered has not been delivered.
- The price of the product has increased or the product has been modified (with or without details).
In these situations, you can demand a refund of the amount of the order in addition to interest calculated at the legal rate.
Article 15: Intellectual property rights
The trademarks sold by SwissFashionDG, as well as all images and videos or any other information contained in this site are the exclusive intellectual property of SwissFashionDG. The sale does not entail any transfer of intellectual property, much less the Terms and Conditions of Sale which are currently available for review. The reproduction, modification, or total or partial reuse of any of this information for any purpose is strictly prohibited.
Article 16: Force majeure
Cases of force majeure will result in the immediate termination of SwissFashionDG's obligations under these terms and conditions. You will be informed as soon as possible, if such a situation occurs.
Article 17: Amendments and/or invalidity of the sales contract
If one of the clauses of this contract of sale is cancelled, this will not affect the other clauses. They shall remain in force, because even if they are part of the same sales contract, they are not bound to each other. Contractual changes are only valid after a written and approved or signed agreement by both parties.
Article 18: Protection of personal data
In accordance with the rules on the protection of individuals with regard to the processing of personal data and the free movement of such data, our data processing has the sole purpose of selling and delivering the products offered on swissfashiondg.com.
Your data will not be distributed or sold to a third party. They are governed and protected by strict laws for the protection of personal data such as the law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms of the same type.
Payment information is encrypted and inaccessible even to the site owners.
The General Data Protection Regulation is applied at SwissFashionDG, and your data is stored and protected to the best of our ability.
Article 19: Applicable law and clauses
These General Terms and Conditions of Sale and the activity carried out on the site (the sale of clothing items) are governed by Swiss law. The cancellation of one of these conditions does not entail the nullity of the General Conditions of Sale here present.
Article 20: Consumer information
In order to be informed about the provisions of the civil code and the established consumer code, here is an extract of some of the articles mentioned in these General Terms and Conditions of Sale, of which it is important that you take note:
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them.
Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be relieved of the defects or apparent lack of conformity.
Article L. 217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L. 217-5 of the Consumer Code: The goods conform to the contract if they are fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling.
The goods are also in conformity with the contract if they have the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is later than the request for intervention.
Article L. 616-1 of the Consumer Code: Any trader shall inform the consumer, in accordance with the procedures laid down by decree in the Council of State, of the contact details of the competent mediator or mediators to whom he is answerable. The trader is also required to provide the same information to the consumer, if a dispute cannot be settled by means of a prior complaint lodged directly with his services.
Article L. 616-2 of the Consumer Code: Where applicable, it shall also inform the consumer of the measures taken to implement Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online settlement of consumer disputes and amending Regulation (EEC) No 2006/2004 and Directive No 2009/22/EC (CLR Regulation)
Article L. 616-3 of the Consumer Code: In the event of a cross-border dispute, any consumer shall benefit, in accordance with the procedures laid down by decree in the Council of State, from the assistance and information necessary to be directed towards the competent out-of-court settlement body for consumer disputes in another Member State.
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