General terms and conditions of sale
- SCOPE OF APPLICATION
1.1 The present general conditions (hereafter: the "General Conditions") have for object to govern the contractual relations between the company ECOCAFE SA, having its head office at Avenue du Léman 18, 1005 Lausanne, Switzerland (hereafter: "ECOCAFE SA") and any person placing an order (hereafter: the "Customer") on the site www.brew-society.ch (hereafter: the "Site").
1.2 ECOCAFE SA reserves the right to adapt or modify the General Conditions at any time , which will be immediately applicable to any new order.
1.3 At the time of each order, the Customer must confirm that he/she has read and accepted the General Conditions. In the event of a dispute, the General Conditions in force at the time of the order shall prevail.
2.1 The products sold are described on the website www.brew-society.ch at the time of sale. The characteristics of the products as well as the photos are edited on the basis of the data provided by the manufacturer and are given only as an indication. The reproduction of the colors on computer screen not being perfect, ECOCAFE SA cannot guarantee that the color of the goods is exactly the same as that appearing on the screen.
2.2 The products are available on the Website according to the stocks available, subject to modifications. ECOCAFE SA reserves the right to restrict the availability of certain products or product categories for deliveries outside Switzerland.
2.3 Prices are net prices in Swiss Francs (CHF), including Swiss VAT. For deliveries abroad, the Swiss VAT will be deducted from the sales price as far as possible and the Customer will have to assume the customs clearance costs and the various taxes applied in the country.
2.4 To the indicated prices are added the delivery costs appearing in the heading Basket at the time of the order according to article 4.2 below.
2.5 By clicking on Place Order you give your consent to order the items selected in your shopping cart. The sales contract comes into effect upon receipt by the Customer of the order confirmation e-mail.
3.1 The price of purchases made on the Site is due at the time of the order.
3.2 Payment is made by credit card (Visa or Mastercard), Postcard, PostFinance, Twint or by bank transfer in advance only (possible from CHF140 of purchase). The order amount is debited immediately upon confirmation.
3.3 ECOCAFE SA does not have access to confidential information relating to the means of payment. The information entered is encrypted and transmitted to our financial partner in a secure way without ECOCAFE SA having access to it. The coordinates of the credit card or the Postcard of the Customer are encrypted thanks to the SSL protocol (Secure Socket Layer) and do not pass in clear on the network. The risk of a dysfunction of the payment system is supported by the Customer.
4.1 ECOCAFE AG delivers its products in Switzerland, in the Principality of Liechtenstein and abroad. Any delivery outside of Switzerland and the Principality of Liechtenstein will be defined according to the list of countries available when entering the destination/invoicing of the order. Outside of these countries, a delivery will be established on the basis of a quotation agreed between ECOCAFE SA and the Customer.
4.2 Delivery costs are the responsibility of the Customer. The amount of the delivery charges is indicated in the Shopping Cart section and is subject to the Customer's approval before the validation of each order.
4.3 The products are sent to the delivery address indicated by the Customer at the time of the order. The delivery is made by the services of a carrier. The risks related to the sending of the goods to the Customer (risk of loss, destruction, wrong delivery address, etc.) are supported by the Customer as of the handing-over by ECOCAFE SA of the goods to its logistic partner. The costs related to the return of an unclaimed parcel and its possible reshipment are at the expense of the Customer.
4.4 Delivery times are indicated to the Customer at the time of the order, it being specified that they are only given as an indication.
4.5 ECOCAFE SA is entitled to cancel an order, even if it has been accepted, without having to give reasons to the Customer. In such a case, Customer's claims against ECOCAFE SA are limited to the return of the amounts paid, excluding any damages.
- RIGHT OF RETURN, WARRANTY IN CASE OF DEFECT
5.1 Upon receipt of the order, the Customer shall immediately inspect the delivered products.
5.2 If one or more of the delivered products are defective, the Customer must notify ECOCAFE SA within 2 working days of receipt, by email to firstname.lastname@example.org. ECOCAFE SA will confirm the receipt of the Customer's notification by email within one working day. Notifications of defects that have not been confirmed by ECOCAFE SA will not be considered valid by ECOCAFE SA.
5.3 In the event of a defect, ECOCAFE SA's warranty is limited exclusively to the exchange or refund of the defective product.
5.4 Regardless of the existence of a defect, the Customer may, except for a specific mention "cannot be returned", return his order within 7 working days from the date of receipt, provided that he has previously, within 2 working days from the receipt of the order, requested a return form by contacting ECOCAFE SA by e-mail at coffee@brew-society. ECOCAFE SA will only accept returns of products that are in their original packaging, complete and not damaged by the Customer.
5.5 ECOCAFE SA will refund the price of the returned products within a maximum of 30 days from the date of receipt of the returned goods. The invoiced delivery costs and the carriage costs of the return are at the expense of the Customer, except in the event of defect of a product: ECOCAFE SA will then pay the return shipping costs according to the PostPac Priority rate of the Swiss Post.
- WARRANTY ON EQUIPMENT
6.1 ECOCAFE SA does not provide any warranty on the devices purchased on the Site, which are warranted by the manufacturer in accordance with the terms and conditions set forth by the manufacturer in the original documentation provided with the device.
- OBLIGATIONS OF THE CLIENT
7.1 The Customer undertakes to use the equipment purchased on the Site in accordance with the manufacturer's instructions and to carry out the necessary maintenance recommended by the manufacturer in order to ensure its proper functioning.
7.2 The Customer must keep the invoice, the original packaging and all manuals and accessories of the purchased equipment. These parts may be requested in case of repair under warranty.
- FORCE MAJEURE
8.1 ECOCAFE SA will use its best efforts to fulfill its obligations, but shall not be liable for delays or non-delivery due to circumstances beyond its control, such as strikes, wars, natural disasters or other events of any kind that prevent the production, transportation or delivery of products.
8.2 In case of delay, ECOCAFE SA will fulfill its obligations as soon as possible and reserves the right to distribute the remaining stock of products among its customers in an equitable manner.
- DATA PROTECTION AND SECURITY
9.1 The Customer can place an order on the Site without creating a Customer account.
9.2 When connecting to the Site or communicating electronically with ECOCAFE SA, the Customer's data passes through a public network accessible to all. It is also possible that the data crosses borders, even if the sender and the recipient reside in the same country. It is therefore not excluded that third parties have access to such information and that they deduce the existence of a contractual relationship with ECOCAFE SA.
9.3 ECOCAFE SA may collect, in particular by means of "cookies", data related to the frequentation of the Site, including in particular the IP address of the Customer or of any other visitor, which are used for statistical, security, system monitoring, management, analysis, marketing and legal and regulatory obligations. This data is anonymous.
9.4 Personal information is expressly collected online when the Customer registers to place an order. The registration gives the opportunity to ECOCAFE SA to collect basic information such as first name, last name, postal address, e-mail address, telephone number and cell phone number.
9.5 ECOCAFE SA also reserves the right to record the name, first name, e-mail address and the content of the correspondence of any person who sends an e-mail to an ECOCAFE SA employee or to the person in charge of the Site in order to be able to answer him or her or to inform him or her about the follow-up of his or her order.
9.6 The information required by ECOCAFE SA during online registration is limited to the information necessary for ECOCAFE SA to provide the best possible service and follow-up. Required information is clearly indicated by an asterisk (*) at the beginning of the field title.
9.7 ECOCAFE SA is not responsible for any inaccuracies in the personal data if such inaccuracies are the result of an erroneous indication by the Customer. In case of inaccuracy due to other causes, ECOCAFE SA's liability is limited exclusively to granting Customer the right to access and correct personal data in accordance with Article 10 below.
9.8 Although ECOCAFE SA makes every effort to protect personal data, it is not responsible for the security of personal data transmitted to it on the Site insofar as it is not possible to completely guarantee the security of transmissions on the Internet. They are communicated at the Customer's own risk. On the other hand, ECOCAFE SA makes every effort to ensure their confidentiality as soon as they have been entered into its system and to avoid that these personal data are transmitted to third parties other than those possibly involved in the processing of the Customer's order.
- RIGHT OF ACCESS AND CORRECTION OF DATA
10.1 Subject to any legal obligations to store the data obtained, any interested party may request, in accordance with the provisions of the Federal Law of June 19, 1992 on Data Protection, to be informed by e-mail of the data concerning him/her by sending a written and signed request to ECOCAFE SA. If such data is no longer up to date or if it is incorrect or incomplete, the person concerned may request ECOCAFE SA to amend the data accordingly. The data subject may also request ECOCAFE SA to delete the data at any time.
- EXCLUSION OF LIABILITY
11.1 ECOCAFE SA and its directors, officers, employees, agents and shareholders assume no liability for any direct or indirect loss or damage of any kind arising out of access to the Site or use of, or inability to access or use, the information or opinions available on this Site.
11.2 In particular, the liability of the Company as well as its directors, managers, employees, auxiliaries and shareholders, for any damage or loss suffered as a result of an error, technical or otherwise, a transfer failure, a situation of overload, a difficulty in use, an interruption of service (including in particular the system maintenance service), a delay in the transmission of information, an incompatibility between this Site and the User's files and/or software (in particular with his "browser") and/or computer, malfunction, interference, transmission of a virus or worm to the User's computer, illegal intrusion (e.g. as a result of hacking), intentional blocking of telecommunications tools and networks (e.g. as a result of mass e-mailing or denial of service attacks) or any other inadequacy of telecommunications or network service providers is excluded.
- PARTIAL NULLITY
12.1 If any provision of the General Terms and Conditions is invalid, non-compliant or unenorceable, this shall not invalidate, void or render unenforceable the remaining provisions of the General Terms and Conditions. The invalid, non-compliant or unenforceable provision shall be replaced by another valid, compliant and enforceable provision that corresponds as closely as possible to the meaning and purpose of the invalidated provision.
13.1 Only the French version of the General Terms and Conditions of Use is binding. Any translation of the Terms and Conditions is for information purposes only.
- APPLICABLE LAW AND JURISDICTION
14.1 Swiss law is applicable.
14.2 Any dispute related to an order placed on the Site or resulting from its use or access is subject to the exclusive jurisdiction of the competent courts of the Canton of Vaud, subject to possible appeal to the Federal Court in Lausanne.
(GC 2022, v.1.0)