GENERAL CONDITIONS OF ONLINE SALE (version of 1 September 2017)

The following general terms and conditions of online sale apply to all orders placed via our website (online shop).

 

  1. GENERAL TERMS AND CONDITIONS OF ONLINE SALE

The present general conditions of online sale (hereinafter referred to as "GTCOS") establish the rights and obligations of the parties to the distance selling contract and automatically apply to the contractual relations between the company TWEED Co. SA, a company registered in the Commercial Register of the Canton of Neuchâtel (Switzerland) under the number. CHE-499.196.606 (hereinafter referred to as "TWEED Co. SA", "we", "us" and "our"), and any Customer (hereinafter referred to as the "Customer") who places an order for Products listed and available on the commercial website of TWEED Co. SA commercial website, whose address is www.tweed-co.com (hereinafter the "Website").

The confirmation of any order through the site implies the full and complete acceptance of the GTC by the Customer. By confirming his/her order, the Customer undertakes to comply with the said GTC and declares that the Products ordered are not intended for a professional activity (e.g. resale) but are exclusively intended for private and personal use.

No condition or specific provision other than those of TWEED Co. SA shall not prevail over the present GTC. Any clause to the contrary will therefore be inapplicable, regardless of the moment when it is brought to the attention of the company TWEED Co. SA.

In addition, TWEED Co. SA reserves the right to modify the GTC at any time. However, the modifications will only apply to orders placed after the update of the said GTCOS.

 

  1. ORDERING PROCESS

To place an order, the Customer selects the desired Product. The characteristics of these are described on the website (name, size, price, quantity, colour, details) and the customer declares that he/she accepts them.

To complete the order, the Customer must provide valid identification information, including: name, surname, age, billing address, delivery address (if different from the billing address), e-mail address, telephone number, etc. The Customer may, if he/she wishes, create an account on the website in order to store his/her identification data for possible future purchases. The creation of an account does not constitute a right.

After having ticked the box to indicate that he/she has read and accepted the GTC, the Customer confirms the order and proceeds to the payment of the price and delivery costs, if applicable, by choosing one of the payment methods offered on the site.

By placing an order via the website, the Customer confirms that he/she has the legal capacity to enter into binding agreements and is at least 18 years old.

The Customer can access a summary of the order in their customer account, if applicable, or in an email sent to them following confirmation of the order. This confirmation email contains a copy of the updated GTC, which the Customer is responsible for keeping.

In the event that the Customer does not respect the GTC, TWEED Co. SA reserves the right to suspend its services and, if necessary, to suspend or terminate the account of the Customer. TWEED Co. SA will inform the Customer of the said suspension or termination as soon as possible and will inform him that he will be able to rectify the situation or to contest the accusations made against him. TWEED Co. SA reserves the right to refuse any order from a Customer with whom it is involved in an unresolved dispute. The Customer has the right, in all circumstances, to oppose and to access any information concerning him which is stored by TWEED Co. SA.

 

  1. PRICE

The prices indicated on the website of TWEED Co. SA website are indicated in CHF (Swiss francs) and include all taxes (only in Switzerland). They may vary during the year. The Products are invoiced at the price in force when the Customer confirms his basket. VAT is applied for deliveries in Switzerland.

Delivery charges, if any, are shown separately when the order is confirmed and always before payment. They depend on the delivery option selected and the type and weight of the Product ordered. They are charged in addition to the price of the Products ordered, unless expressly stated otherwise (special offers, special marketing initiatives, etc.).

VAT is not charged on Products delivered outside Switzerland (excluding VAT). TWEED Co. SA wishes to draw the attention of the Customer to the fact that customs duties and/or local taxes and/or import duties and/or state taxes claimed by foreign administrations (outside Swiss territory) may be required, insofar as the Customer is deemed to be an importer of the Products. TWEED Co. SA is not responsible for any of these duties or taxes. They are at the expense of the Customer, who is entirely responsible for both the declaration and the payment to the authorities and/or competent bodies of the importing countries.

 

  1. SPECIAL OFFERS

The terms and conditions of the special offers of TWEED Co. SA (valid dates, items included, prices) can be found in each special offer. These offers are valid while stocks last.

A benefit offered in the form of a discount or gift is valid only once, on a single order. TWEED Co. offers cannot be exchanged for cash and cannot be used in combination with other special offers.

In the event of a partial return of the Customer's order, the conditions of application of the offer from which the Customer benefits may be modified, which could render the offer void.

If the Customer has a "benefit" code, he/she must enter it in the field provided for this purpose in the basket, in order to benefit from his/her personal benefits.

 

  1. PAYMENT TERMS

The price of the Products ordered is always paid before delivery of the Products. This is done via our secure payment system using the payment methods offered in our online shop. The delivery of the ordered Product(s) takes place after receiving the confirmation of the Customer's bank. If the authorisation is refused, the Customer will receive an e-mail informing him/her that the order has been cancelled and stating the reason for the refusal.

The Customer guarantees that he/she is fully authorised to use the chosen method of payment to pay for his/her order.

For all orders over CHF 1'000.00, TWEED Co. SA reserves the right to check the consistency of the information it has at its disposal, and to ask for a photocopy of the buyer's identity card and proof of address. These measures help us to prevent the fraudulent use of your means of payment (credit cards, etc.).

The acceptance by TWEED Co. SA of the Customer's order takes the form of an email confirming the Customer's order, and containing the order number and a description of it. This order confirmation serves as a sales contract between the two parties.

 

  1. DELIVERY AND AVAILABILITY OF PRODUCTS

6.1. AVAILABILITY OF PRODUCTS

The Product is available as long as it is visible on the Site and while stocks last. If one of the Products is not available after the Customer has confirmed an order, the Customer will be informed by e-mail. The Customer will be informed of the date on which the Product should be back in stock, so that the Customer can cancel or modify the order if necessary. If the Customer cancels an order because a Product is out of stock, his account will be re-credited within 30 days with the amount of the Product that was ordered but not delivered. The remainder of the order will be delivered as normal, with the Customer accepting partial delivery.

6.2. PLACE OF DELIVERY

Orders placed via our online shop website can be sent anywhere in the world. All orders are delivered to the delivery address provided at the time of ordering, or to the default delivery address in the customer contact record of their account. If the Customer makes a mistake in providing their details or provides insufficient information and the Product is returned by the carrier as a result, the Product will be returned at the Customer's expense.

6.3. DELIVERY TIMES

The delivery time stated in the order confirmation is the shipping time plus the processing and transit time.

If the carrier making the delivery needs to arrange a date with the Customer, the carrier will contact the Customer as soon as possible to schedule a delivery date. TWEED Co. SA shall not be held responsible if the delivery is delayed solely because the Customer is not available for several of the delivery dates proposed by the carrier. When the Customer orders several Products at the same time and these have different delivery times, the longest time will be the delivery time of the order.

However, TWEED Co. SA reserves the right to ship the Products separately. If this is the case, processing and shipping costs will only be charged for one delivery. In the event of a delay in shipment, the Customer will receive an email informing him of the new delivery time.

 

  1. RESERVATION OF OWNERSHIP

TWEED Co. SA shall retain ownership of all Products until we have received full payment of all amounts due in respect of the Products (including delivery charges).

In specific cases of delivery before payment, TWEED Co. SA retains the express property of the Products delivered until full payment of the price thereof and any interest, if any. Failure to pay may result in the recovery of the Products by TWEED Co. SA. The above stipulations do not prevent the risk of loss or damage to the Products, or liability for any damage they may cause, from being transferred to the Customer from the moment he receives the said Products (upon conclusion of the contract in accordance with Article 185 of the Swiss Code of Obligations, see FRC).

 

  1. RIGHT OF WITHDRAWAL AND RIGHT TO RETURN PRODUCTS

8.1. EXERCISE OF THE RIGHT OF WITHDRAWAL The Customer has the right to

withdraw the order without giving any reasons within fourteen days of the date on which the Customer or a third party designated by the Customer, other than the carrier, takes physical possession of the Product(s). To exercise the right of withdrawal, the Customer must communicate his decision to withdraw from the order by sending a clearly worded statement (for example, a letter sent by post, fax or email) to the following addresses TWEED Co. SA (Customer Service) - Rue du sablons 48 - CH-2000 Neuchâtel NE or  [email protected].

The customer service of TWEED Co. SA customer service will send an acknowledgement of receipt of the withdrawal without delay (by e-mail). In order to ensure that the withdrawal period is respected, the Customer must simply send his declaration indicating that he is exercising the right of withdrawal before the end of the withdrawal period.

If the Customer decides to exercise his/her right of withdrawal, he/she must return the Product in its original packaging and in its original condition, together with the delivery note and/or the corresponding invoice, within fourteen calendar days from the date of sending the request for return to TWEED Co. SA. This deadline is deemed to have been met if the Customer returns the article before the expiry of the fourteen-day period. The Customer shall bear the costs and risks associated with the return of the Products. Products returned without their original packaging or in a condition that makes them unfit for sale may be rejected by the customer service department of TWEED Co. SA customer service and may be returned to the customer at the customer's expense; in this case, a refund will not be issued.

8.2. REFUNDS ISSUED BY TWEED CO. SA

Any Product returned in a manner contrary to the stipulations of the preceding paragraphs cannot be accepted by TWEED Co. SA; consequently, no refund can be granted for them.

TWEED Co. SA will not issue the refund until it has received the Products or the Customer has proved that the item has been shipped, whichever comes first.

If the Client withdraws an order, and the withdrawal is accepted by TWEED Co. SA, the Company will refund all payments it has received, including delivery costs (with the exception of additional costs that the Client may have incurred by choosing, if applicable, a delivery option other than the cheapest standard delivery option offered), without delay, and in any case no later than thirty days after the date on which TWEED Co. SA has been informed of the Customer's decision to withdraw his order.

TWEED Co. SA will then issue the refund using the same method of payment as the one used by the Customer for the initial transaction; in all cases, the refund will not involve any costs for the Customer.

8.3. PRODUCTS EXCLUDED FROM THE RIGHT OF WITHDRAWAL

The right of withdrawal cannot be exercised for Products that have been manufactured according to the Customer's specifications or personalised at his request.

 

  1. LEGAL GUARANTEES OF CONFORMITY

TWEED Co. products are warranted worldwide against manufacturing defects for a period of two years from the date of purchase. The Customer is responsible for checking the goods delivered on receipt to ensure that there are no obvious defects in materials or workmanship, and that no damage has been caused in transit.

Within the framework of the legal guarantee of conformity, the Customer has a period of two years from the delivery of the Product to make a claim against the company TWEED Co. SA. The legal guarantee of conformity applies independently of the commercial guarantee which may cover the Product.

It should be noted that the consumer may decide to enforce the warranty against hidden defects in the item sold; in this scenario, he or she may choose either to cancel the sale or to obtain a reduction in the sale price.

However, the Customer may not dispute the conformity of an item on the basis of a defect of which he/she was aware or could not have been unaware at the time of purchase; the Customer is therefore asked to read the Product Sheets carefully for a description of all the Products, particularly when choosing a Product.

 

  1. RESPONSIBILITY

It is expressly stated that the website of TWEED Co. SA is intended for private consumers and that the products it sells are not intended for professional use. Consequently, TWEED Co. SA shall not be held liable for any indirect or consequential damages resulting from the use or operation of the Products ordered. Moreover, the Products are in conformity with the Swiss legislation.

TWEED Co. SA shall not be held liable in the event of non-compliance with the legislation of the country in which the Products are delivered: it is the Customer's responsibility to consult the authorities of the country of importation to find out whether the Product is authorised there.

In addition, the Company TWEED Co. SA shall not be held responsible for the non-performance of the contract concluded, on the one hand in case of force majeure and on the other hand in case of fault of the Client or unforeseeable and insurmountable event attributable to a third party to the contract or consequences resulting from a bad use of the Products sold on the Site.

 

  1. INTELLECTUAL PROPERTY

It is forbidden to copy, reproduce, modify, download, publish, republish, send or distribute any functionality of the website, in particular the editorial content, graphics, photographs, logos and trademarks, in any form or by any means without the written consent of TWEED Co. SA. Any unauthorised use of the website's features may constitute a violation of copyright regulations or legislation, trademark protection rights or any other applicable legislation, and will be subject to the penalties provided for by law and automatic prosecution by TWEED Co. SA.

 

  1. PERSONAL DATA

The Customer has the right to oppose, access or correct any data concerning him/her which will be made available to TWEED Co. SA during the execution of the contract. The Customer can make his request by sending an e-mail to TWEED Co. SA at the following address: [email protected].

In accordance with the regulations, the Customer's request must be signed and accompanied by a photocopy of an identity document bearing his signature, and must specify the address to which a reply is to be sent. A reply will be sent within two months of receipt of the request.

In addition, TWEED Co. SA will be able to send the Customer its special offers and newsletters on a regular basis and to send this data to our commercial partners or to share it with them, if the Customer so wishes at the time of registration.

TWEED Co. SA will use this information for the sole purpose of processing the Customer's orders and producing statistics to improve its website and the services it offers.

 

  1. EVIDENCE

Unless the Customer proves otherwise, the automatic recording systems of TWEED Co. SA are considered as proof of the nature, content and date of the sales contract.

 

  1. APPLICABLE LAW, DISPUTES, HANDLING OF COMPLAINTS

The relationship between TWEED Co. SA and its customers are governed exclusively by Swiss law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The current wording of this contract is French. In case of dispute, the Swiss courts shall have exclusive jurisdiction, subject to the applicable legal provisions.

 

If you wish to make a complaint, please first contact customer services at the following address
[email protected].

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