Terms and Conditions

 

GENERAL TERMS AND CONDITIONS OF SALE: CLINIQUE DES GRANGETTES COSMÉTIQUES SA



 

The sites www.grangettesgeneve.ch and www.grangettesgeneve.com are managed by the company Clinique des Grangettes Cosmétiques SA



Registered office:

Clinique des Grangettes Cosmétiques SA

Route de Chêne 110 
1224 Chêne-Bougeries - Geneva 
Switzerland


1 - Preamble



The present terms and conditions are concluded between the party of the first part, the company Clinique des Grangettes Cosmétiques SA, as identified above, and the party of the second part, the persons, hereinafter referred to as “the user” or “the customer” or “the buyer”, wishing to make a purchase via the Internet site of Clinique des Grangettes Cosmétiques SA, www.grangettesgeneve.ch (and its other version www.grangettesgeneve.com), hereinafter referred to as “the site”.



The parties agree that their relations are governed exclusively by the present contract, to the exclusion of any other condition. However, if a condition should be missing, it shall be considered to be governed by the customs in effect in the on-line sales sector in Switzerland, the country in which the company Clinique des Grangettes Cosmétiques SA has its registered office.



The validation click that users perform after having filled out their purchase order constitutes the confirmation of their order and shall serve as their irrevocable acceptance of the present General Terms and Conditions. It shall indicate their definitive agreement to conclude a contract with the company Clinique des Grangettes Cosmétiques SA for the products that they have selected, subject to their ability to withdraw and the possible application of terms such as those specified in the articles of these present General Terms and Conditions of Sale.



The offer of the electronic shop proposed by the company Clinique des Grangettes Cosmétiques SA indicates the total price to be paid for the goods and services offered in Swiss francs for Switzerland. The prices indicated do not include any contribution to the mailing costs.



If the user resides outside Switzerland and wishes to receive a delivery abroad, he/she will benefit from the tax reduction in effect in Switzerland and will have to pay the taxes and mailing costs related to his/her country of delivery.



All the information contained in the site www.grangettesgeneve.ch is in the French language. Customers nonetheless have the possibility of choosing a different presentation version of the site and the catalogue in the English language.



The customer acknowledges that he/she has taken note of all the information cited above and the General Terms and Conditions of Sale, before placing the order.

The present General Terms and Conditions are in the English language. The buyer declares that he/she has the full legal capacity allowing him/her to commit himself/herself to the present General Terms and Conditions.



2 - Conditions of use



The site www.grangettesgeneve.ch is intended for use for purely personal purposes, and no commercial use can be made in full or in part of its content, which remains the property of the company Clinique des Grangettes Cosmétiques SA even once it is downloaded.



Clinique des Grangettes Cosmétiques SA may contain links to other sites managed by third parties. The company Clinique des Grangettes Cosmétiques SA declines all liability as to the content of third party sites and as to the physical or mental damage that they could cause. The fact of offering links does not create any obligation on the part of the company Clinique des Grangettes Cosmétiques SA, which does not have any means of control over third party sites. Consequently, it remains the responsibility of parents to check the information that their children consult, and if necessary to limit the access to www.grangettesgeneve.ch



Users guarantee that they will not use the site or the services offered for illegal purposes, and undertake to comply with the national and international laws and regulations in force.



In the event of damage caused to the company Clinique des Grangettes Cosmétiques SA or to third parties due to non-compliant use of www.grangettesgeneve.ch and of the services offered, the user is solely liable. In the event of violation by the user of his/her legal or contractual obligations, the company Clinique des Grangettes Cosmétiques SA reserves the right to initiate legal proceedings in order to have the violation in question stop and to obtain compensation.



3 - Purpose



The present General Terms and Conditions of Sale are intended to define the rights and obligations of the parties within the framework of on-line sales of goods offered in the present electronic shop by Clinique des Grangettes Cosmétiques SA from the order through to payment and delivery.



The geographical area of coverage of the Clinique des Grangettes Cosmétiques SA shop’s range is as follows:

Germany, Andorra, Saudi Arabia, Austria, Bahrain, Belgium, Brazil, Dubai, Cameroon, Canada, China, Cyprus, Côte d'Ivoire, Denmark, Egypt, the United Arab Emirates, Spain, Estonia, the United States, Finland, Greece, Guadeloupe, French Guyana, Hong Kong, Hungary, India, Indonesia, Ireland, Iceland, Israel, Italy, Japan, Jordan, Kuwait, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg, Malaysia, Malta, Morocco, Martinique, Mauritius, Mexico, Monaco, Norway, New Caledonia, New Zealand, the Netherlands, Poland, Portugal, Czech Republic, Réunion, the United Kingdom, Saint Barthelemy, Santa Lucia, Saint-Martin, Saint Vincent and the Grenadines, Senegal, the Seychelles, Singapore, Slovakia, Slovenia, Sweden, Switzerland, Tahiti, Taiwan, Thailand, Tunisia, Turkey, Venezuela.



If customers whose country does not appear on this list wish to place an order, they can send an e-mail via the heading “customer contact” with the references, descriptions and quantities of the articles chosen. They will receive an e-mail for confirmation of the amount of their order and the relevant shipping costs as well as the details of the bank to which the bank transfer of the total amount of their order is to be made. As soon as the sum has been received and validated by the bank, the order will be shipped.



Important: the present contract consists of the present General Terms and Conditions of Sale and the purchase order. However, the photographs illustrating the products on the site do not enter into the scope of the contract. If errors or alterations resulting from the processing of these photographs or from the display on the user’s screen are introduced, they may not under any circumstances constitute grounds for the liability of the company Clinique des Grangettes Cosmétiques SA.


4 - Order



Every purchase order signed with the validation click constitutes an irrevocable commitment by the customer which can be called into question only in the restricted cases stipulated in these general terms and conditions of sale.



The conclusion of the contract shall come into effect only at the time of the confirmation of the order by the company Clinique des Grangettes Cosmétiques SA. The customer will receive by electronic mail an acknowledgement of receipt containing a confirmation of the order with all the constituent elements of the contract (products ordered, prices, delivery periods, shipping costs, etc.)



The company Clinique des Grangettes Cosmétiques SA undertakes to honour the orders received on the Internet site only to the limit of the stocks of the products available. If the product is not available, the company Clinique des Grangettes Cosmétiques SA undertakes to inform the user of this as quickly as possible. The company Clinique des Grangettes Cosmétiques SA therefore reserves the possibility of not confirming an order for any reason whatever, resulting in particular either from a product supply problem or from a problem concerning the order received.



The order will be fulfilled within the time periods made clear on the Site and at the time of the confirmation of the order by the company Clinique des Grangettes Cosmétiques SA and in any case at the latest within 30 working days following the confirmation of the order, subject to the availability of the product ordered and except for a specific agreement between the parties.



In the event that the product ordered is out of stock or unavailable, the company Clinique des Grangettes Cosmétiques SA undertakes to inform the customer of this as early as possible and to specify a time period for availability. The customer shall confirm by e-mail his/her choice either to wait for the availability of the product or to be reimbursed.



The products ordered remain the property of the company Clinique des Grangettes Cosmétiques SA until the full and final payment of their price. The company Clinique des Grangettes Cosmétiques SA reserves the right to lay claim to the products ordered in the event of payment default. In this case and on the first request of the company Clinique des Grangettes Cosmétiques SA, the customer undertakes to return any product not paid for and to cover all expenses.



5 - Duration of the offer



The offers contained in the site of www.grangettesgeneve.ch are valid for the current month.

 

6 - Payment procedures



The whole of the payment is due when the order is placed. The customer undertakes to pay the price stipulated for the product ordered on the Site (price of the products and of transport) as well as to pay or have paid, as applicable, directly to the forwarding agent or shipper, the VAT or other taxes due on the occasion of importing products into the country of the delivery location.



The customer guarantees to the company Clinique des Grangettes Cosmétiques SA that he/she has the necessary authorisations to use the payment procedure of his/her choice as proposed below:


* By bank card as proposed on the site.


* Or by any other means of payment to Clinique des Grangettes Cosmétiques SA, as proposed on the site



7 - Tariffs and customs duties



The prices are indicated in Swiss francs all taxes included. They take into account the VAT applicable on the day of the order. They do not include the contribution to the delivery costs invoiced as a supplement and which are indicated in the order confirmation.



For a delivery within Switzerland, the prices take into account the VAT applicable on the day of the order. Therefore they are indicated VAT included. Any change of the applicable rate may be reflected in the selling price of the products in the catalogue.



For a delivery within the European Union, the customer will have to pay the customs duties, VAT or other taxes due on the occasion of importing products into the country of the delivery location. The formalities that relate to this are also exclusively the responsibility of the customer, unless otherwise indicated. The customer is solely responsible for verifying the possibilities of importing the products ordered with regard to the law in the territory of the country of delivery.


8 – Transfer of risks and liability



The risks are transferred to the customer when the products are handed over by the company Clinique des Grangettes Cosmétiques SA to the transporter. The products travel at the customer’s risk and peril. The same is true in the event of sending or returning products carriage paid.


During the time period mentioned in point 11, the customer is responsible for the item as custodian. In the event of the deterioration or destruction of the product while the customer is custodian, the latter shall bear all the consequences.



For all the stages of accessing the site, order processing, delivery or subsequent services, the company Clinique des Grangettes Cosmétiques SA has only an obligation of means. The company Clinique des Grangettes Cosmétiques SA cannot be held liable for all the risks and damages inherent in the use of the Internet network, in particular an interruption in service, an external intrusion or the presence of computer viruses, or for any fact qualified as force majeure, in conformity with case law.


9 - Delivery



The geographical area for delivery corresponds to the geographical area covered by the product range. The products are delivered to the address indicated by the customer on the purchase order.



The delivery is considered to have been made from the time the product is handed over to the transporter. The delivery note remitted by the transporter, dated and signed by the customer at the time of the delivery of the product, shall constitute a proof of transport and delivery. Upon delivery, the customer should check the contents, the conformity and the condition of the product(s).



In the event of delays, damage, total or partial loss or any other problem, it is up to the customer to exercise any claim against the transporter without the company Clinique des Grangettes Cosmétiques SA ever being liable to be called into question. Due to this fact, at the time of the delivery the company Clinique des Grangettes Cosmétiques SA recommends that the customer confirm the condition of the products delivered before signing the acknowledgement of receipt of the package. If anomalies are noted, the customer should refuse delivery of the products or issue handwritten, precise and dated reservations. These reservations will have to be confirmed with the haulage transporter by registered letter with acknowledgement of receipt within three (3) working days following the delivery of the products. A copy shall be sent to the company Clinique des Grangettes Cosmétiques SA.



The following are considered cases of force majeure, besides those usually retained by case law,


- total or partial strikes, internal or external to the company,

- blocking of the means of transport or supply for any reason,

- Federal or legal restrictions,

- computer breakdowns, blocking of telecommunications including the networks and especially the Internet.



The unexpected occurrence of a case of force majeure shall suspend, first, by right, the fulfilment of the order. If beyond a period of three (3) months the parties note the continuation of the case of force majeure, the order will be automatically cancelled, unless otherwise agreed between the two parties.



The Court of Geneva is the competent authority for disputes arising from the business relations between Clinique des Grangettes Cosmétiques SA and the buyer. The legal status falls under Swiss legislation, in particular the law of obligations




10 - In the event of the absence of the customer



In the event of the absence of the consignee at the time of the delivery, the transporter shall leave a note at the delivery address indicated by the customer. The products will have to be collected at the address and according to the procedures indicated by the transporter.



In the event the products are not collected at the transporter within the time periods granted, the products shall be returned to Clinique des Grangettes Cosmétiques SA which reserves the right to reimburse their price, with shipping costs remaining at the customer’s expense.


11 - Complaints



Complaints of non-conformity of the product(s) delivered with the order will have to be formulated in writing directly to the company Clinique des Grangettes Cosmétiques SA immediately upon receipt. The customer must keep the packaging and the delivery note.



In the event of error regarding the product, the customer undertakes to return the product or products concerned within a time period of seven (7) days of receipt to the company Clinique des Grangettes Cosmétiques SA whose address is indicated in the preamble, under the condition that they are sent back without opening their packaging, in their original condition and packaging together with the accompanying documents.



As soon as the product is properly received, the company Clinique des Grangettes Cosmétiques SA will send back, at its expense, the product initially ordered.



12- Warranty



In order to avoid any inconvenience, the products are systematically checked by the company Clinique des Grangettes Cosmétiques SA before being shipped. However, if the buyer is not completely satisfied with the products purchased, they can be returned within a time period of two (2) weeks after receipt. They will be reimbursed or exchanged on condition that they are returned in their original packaging and in good condition to Clinique des Grangettes Cosmétiques SA, accompanied clearly and legibly by the first and last name and address of the buyer, the invoice number and the reasons for the return. In this way all the articles can be the object of an exchange or a reimbursement except for those bearing an indication to the contrary.



For the implementation of the warranty, the customer shall return the product to the company Clinique des Grangettes Cosmétiques SA at his/her expense. The product will be exchanged for an identical product and sent to the customer at the expense of the company Clinique des Grangettes Cosmétiques SA, except in the event that the product is out of stock or has been removed from the range offered by the company Clinique des Grangettes Cosmétiques SA. In this case, the company Clinique des Grangettes Cosmétiques SA will reimburse the price of the product to the customer or replace it with a new order.



If this new order is for a higher amount, the customer will have to attach the payment for the remainder to the request for an exchange. In the contrary case, if the amount of the exchange is lower than the initial amount, when the request is received the customer will receive a cheque by mail as reimbursement of the difference.



In the event of a request for reimbursement for an article that was provided free of charge or at a lower cost on the occasion of a special offer proposed to the customer, it will be reimbursed for a part of its commercial value and not in full.



In all cases, any request for exchange or reimbursement must be made by post to the address of Clinique des Grangettes Cosmétiques SA, as mentioned in the preamble. 

The terms of the present document may not deprive the buyer of the legal warranty that obliges the professional vendor to guarantee him/her against all the consequences of hidden defects of the item sold. Consequently, in the event of damage caused to persons or property by a defect in the product, its producer can be held liable by the buyer, on the basis of the information appearing on the packaging of the aforementioned product.

14 - Personal data



The company Clinique des Grangettes Cosmétiques SA reserves the right to collect data on the user, in particular through the use of cookies.



The information requested from buyers is necessary to the processing of their order and can be communicated exclusively to the contractual partners of Clinique des Grangettes Cosmétiques SA operating within the scope of the fulfilment of this order. Buyers can write to Clinique des Grangettes Cosmétiques SA to exercise their rights of access to correct the information concerning them and appearing in the files of Clinique des Grangettes Cosmétiques SA.


The computerised records, kept in the computer systems of the company Clinique des Grangettes Cosmétiques SA under reasonable conditions of security, shall be considered proofs of communication of orders and payments taking place between the parties.



In all cases, the furnishing on line of the bank credit number and the final validation of the order act as proof of the whole of the order and are equivalent to the payability of the amounts committed by the keying in of the articles appearing on the purchase order. This validation applies as the signature and express acceptance of all the operations carried out on the site.



15 - Saving and archiving the transactions



The archiving of the purchase orders and the invoices is done on a reliable and durable base in such a way as to correspond to a faithful and durable copy.



16 - Intellectual property rights



The company Clinique des Grangettes Cosmétiques SA is the holder of the intellectual property rights on the site and of the right to disseminate the elements appearing in the catalogue of the electronic shops and in particular the photographs, for which it has obtained the necessary authorisations from the persons concerned. 


Consequently the partial or total reproduction, in any media support whatever, of elements making up the site and the catalogue, their use as well as making them available to third parties, are formally prohibited.



All the elements of the Clinique des Grangettes Cosmétiques SA site, whether they are visuals or sounds, are protected by copyright, brand registration or patents. They are the exclusive property of the company Clinique des Grangettes Cosmétiques SA. It is mandatory that users who have an Internet site personally and who wish to place, for personal use, a simple link on their site referring directly to the home page of the Clinique des Grangettes Cosmétiques SA site, must request authorisation for this from the company Clinique des Grangettes Cosmétiques SA. In this case it is not a matter of an implicit affiliation agreement. On the other hand, any hypertext link sending people to the site of Clinique des Grangettes Cosmétiques SA and using the technology is formally prohibited. In all cases, any link, even tacitly authorised, must be removed upon simple request by the company Clinique des Grangettes Cosmétiques SA.



17 - Contract in its entirety



In the event that one of the clauses of the present contract were to be null and void due to a change in legislation, regulation or by a court decision, this would in no case affect the validity of and compliance with the present general terms and conditions of sale.



18 - Jurisdictions and applicable laws



The Court of Geneva is the competent authority for disputes arising from business relations between Clinique des Grangettes Cosmétiques SA and the buyer. The legal status falls under Swiss legislation, in particular the law of obligations which governs the aspects not expressly mentioned in the present general terms and conditions. This is true both for the substantive rules and for the formal rules. 

In the event of a dispute or complaint, the buyer shall first turn to “Clinique des Grangettes Cosmétiques SA” to obtain an amicable solution. As a second step, and in the event of appeal, the buyer can file a complaint with the courts of the Canton of Geneva.

19 - Special provisions



If the special provisions of the present terms and conditions are or become null and void as a whole or in part, the validity of the other conditions remains intact. The buyer agrees that we may use the data obtained through this business relationship, in compliance with the law on the protection of data, for commercial purposes, within our company.

Clinique des Grangettes Cosmétiques SA – General Terms and Conditions of Sale.