GENERAL TERMS AND CONDITIONS OF ONLINE SALE (version of 1st September 2017)
The following general terms and conditions of online sale apply to all orders placed through our Website (e-shop).
1. GENERAL TERMS AND CONDITIONS OF ONLINE SALE
These general terms and conditions of online sale (hereinafter referred to as “GTCOS”) establish the rights and obligations of the parties to the remote sales contract and automatically apply to contractual relationships between the company TWEED Co. SA, a corporation listed in the trade register of the Canton of Neuchâtel (Switzerland) under no. CHE-499.196.606 (hereinafter “TWEED Co. SA”, “we”, “us” and “our”), and any Customer (hereinafter the “Customer”) who places an order for Products listed and available on the commercial website of TWEED Co. SA, the address of which is www.tweed-co.com (hereinafter the “Website”).
The confirmation of any order through the website entails the full and unconditional acceptance of the GTCOS on the part of the Customer. By confirming his/her order, the Customer thus undertakes to abide by said GTCOS and declares that the Products ordered are not intended for a professional activity (resale, for example) but are exclusively for private and personal use.
No specific conditions or provisions other than those of the company TWEED Co. SA may prevail over these GTCOS. Any clause to the contrary shall therefore be unenforceable, regardless of when it is brought to the attention of the company TWEED Co. SA.
In addition, the company TWEED Co. SA reserves the right to amend the GTCOS at any time. However, amendments shall only apply to orders placed after said GTCOS are updated.
2. ORDER PROCESS
To place an order, the Customer selects the desired Product. The features thereof are described on the website (name, size, price, quantity, color, details) and the customer declares that he/she accepts them.
To complete the order, the Customer must provide valid identification information, specifically: surname, first name, age, billing address, delivery address (if different from the billing address), email address, telephone number, etc. The Customer may, if he/she so wishes, create an account on the website in order to store his/her identification data for possible future purchases. Creating an account in no way constitutes a right.
After checking the box to indicate that he/she has read and accepted the GTCOS, the Customer confirms the order and proceeds to pay the price and delivery fees, if any, by choosing one of the payment methods proposed on the website.
By placing an order through the website, the Customer confirms that he/she has the legal capacity to enter into binding agreements and that he/she is at least 18 years old.
The Customer can access a summary of the order in his/her customer account, if one has been created, or in an email sent to him/her following confirmation of the order. This confirmation email contains a copy of the up-to-date GTCOS, which the Customer is responsible for keeping.
In the event that the Customer fails to comply with the GTCOS, TWEED Co. SA reserves the right to suspend its services and, where applicable, to suspend or terminate the Customer’s account. TWEED Co. SA will warn the Customer of said suspension or termination at the earliest opportunity and inform him/her that he/she may rectify the situation or challenge the accusations against him/her. 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, under all circumstances, to oppose and access any information concerning him/her which is stored by TWEED Co. SA.
The prices provided on the TWEED Co. SA Website are given in CHF (Swiss Francs) and are inclusive of all taxes. They may vary over the course of the year. The Products are billed at the price in effect when the Customer confirms his/her shopping basket. VAT is applied for deliveries within Switzerland.
Where applicable, delivery fees are listed separately, when the order is confirmed and always before payment. They are dependent on the selected delivery option, and on the type and weight of the ordered Product. They are billed in addition to the price of the ordered Products, unless expressly stated otherwise (special offers, special marketing initiatives, etc.).
VAT is not applied to any Products delivered outside Switzerland (excl. VAT). TWEED Co. SA wishes to draw the Customer’s attention 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 requested, insofar as the Customer is deemed to be an importer of the Products. The company TWEED Co. SA is not responsible for any of these duties or taxes. They shall be borne by the Customer, who shall be fully responsible both for making declarations and for paying the authorities and/or competent bodies of the countries of import.
4. SPECIAL OFFERS
The terms and conditions of TWEED Co. SA’s special offers (valid dates, items included, prices) can be found in each special offer. These offers are valid while stocks last.
An advantage offered in the form of a discount or giveaway is valid once, on a single order. TWEED Co. offers are under no circumstances redeemable for cash and may not be used in combination with other special offers.
In the event of a partial return of the Customer’s order, the terms and conditions for application of the offer enjoyed by the Customer may be modified, which could render the offer void.
If the Customer has an “advantage” code, he/she must enter it in the field provided for that purpose in the shopping basket, in order to benefit from his/her personal advantages.
5. TERMS OF PAYMENT
The price of the ordered Products is always paid before said Products are delivered. This is done through our secure payment system using the payment methods proposed in our e-shop. Delivery of the ordered Product(s) takes place after confirmation has been received from the Customer’s bank. If permission is refused, the Customer will receive an email informing him/her that his/her order has been cancelled and stating the reason for the refusal.
The Customer guarantees that he/she is fully authorized to use the chosen payment method to pay for his/her order.
For any order over CHF 1,000.00, TWEED Co. SA reserves the right to verify the consistency of the information available to it, and to request a photocopy of the purchaser’s identity card as well as proof of address. These measures help us to prevent fraudulent use of your payment means (credit cards, etc.).
TWEED Co. SA’s acceptance of the Customer’s order takes the form of an email confirming the Customer’s order, and containing the order number and a description thereof. This order confirmation serves as a sales contract between the two parties.
6. DELIVERY AND AVAILABILITY OF PRODUCTS
6.1. AVAILABILITY OF PRODUCTS
The Product is available as long as it is visible on the Website and while stocks last. If it turns out that one of the Products is not available after the Customer has confirmed an order, the Customer will be informed by email. He/she will be notified of when said Product is expected to be in stock again, so that he/she can cancel or change the order as necessary. If the Customer cancels an order because a Product is out of stock, his/her account will be re-credited within 30 days with the amount of the Product that was ordered but not delivered. The rest of the order will be delivered as normal, the Customer agreeing to partial delivery.
6.2. PLACE OF DELIVERY
Orders placed through our e-shop Website may be sent to anywhere in the world. All orders are delivered to the delivery address provided when the order was placed, or the default delivery address in the Customer contact record in his/her account. If the Customer makes a mistake when providing his/her details or provides insufficient information and the Product is returned by the carrier as a result, said Product shall be re-sent at the Customer’s own expense.
6.3. DELIVERY TIMES
The delivery time indicated in the order confirmation is the shipping time plus the processing and transit time.
If the carrier making the delivery needs to schedule a date with the Customer, the carrier will contact the Customer at the earliest opportunity to schedule a delivery date. TWEED Co. SA shall not be held responsible if 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 dispatch Products separately. If it does so, processing and shipping fees will only be charged for one delivery. In the event of shipping delays, the Customer will be sent an email informing him/her of the new delivery time.
7. RETENTION OF TITLE
TWEED Co. SA shall retain ownership of all Products until we have received full payment of all the amounts due in relation to the Products (including delivery fees).
In specific cases of delivery before payment, TWEED Co. SA retains express ownership of the delivered Products until full payment of the price thereof and any interest, where applicable. Failure to pay may result in TWEED Co. SA reclaiming the Products. The above stipulations shall not prevent the risk of loss of or damage to the Products, or the liability for any damage that they could cause, from being transferred to the Customer from the moment he/she receives said Products (upon conclusion of the contract in accordance with Article 185 of the Swiss Code of Obligations, see FRC).
8. RIGHT OF WITHDRAWAL AND RIGHT TO RETURN PRODUCTS
The Customer Services department of TWEED Co. SA will send confirmation of receipt of the withdrawal (by email) without delay. To ensure that the withdrawal deadline is met, the Client simply needs to send his/her statement communicating that he/she 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 state, along with the delivery slip and/or the corresponding invoice, within fourteen calendar days of the date on which the return request was sent to TWEED Co. SA. This deadline is deemed to be met if the Customer returns the item before the expiry of fourteen days. The Customer shall bear the expense and risk of returning Products. Products returned without their original packaging or in a condition which makes them unfit for sale may be rejected by the Customer Service department of TWEED Co. SA and may be returned to the Customer, at the latter’s expense; in this case, a refund will not be issued.
8.2. REFUNDS ISSUED BY TWEED CO. SA
Any Products returned in a manner contrary to the stipulations of the preceding paragraphs may not be accepted by TWEED Co. SA; as a result, refunds may not be issued for them.
TWEED Co. SA will not issue the refund until it receives the Products or until the Customer provides proof that the item has been dispatched, whichever occurs first.
If the Customer withdraws an order, and the withdrawal is accepted by TWEED Co. SA, the Company will refund all the payments it has received, including delivery fees (with the exception of additional fees that the Customer may have incurred by choosing, where applicable, a delivery option other than the cheapest standard delivery option offered), without delay, in any case no later than thirty days after the date on which TWEED Co. SA was informed of the Customer’s decision to withdraw the order.
TWEED Co. SA will then issue the refund using the same payment method as that used by the Customer for the initial transaction; in any case, the refund will not result in any costs for the Customer.
8.3. PRODUCTS EXCLUDED FROM THE RIGHT OF WITHDRAWAL
The right of withdrawal may not be exercised for Products which have been made according to the Customer’s specifications or customized at his/her request.
9. LEGAL GUARANTEES OF CONFORMITY
TWEED Co. Products are guaranteed worldwide against any manufacturing defect for a period of two years from the date of purchase. The Customer is responsible for checking delivered goods upon receiving them to ensure that there are no obvious material or manufacturing defects, and that no damage has been caused during transportation.
Under the legal guarantee of conformity, the Customer benefits from a two-year period from 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 that may cover the Product.
It should be noted that the consumer may decide to enforce the guarantee against latent defects in the sold item; in this scenario, he/she may choose either to cancel the sale or to obtain a reduction in the sale price.
However, the Customer may not contest the conformity of an item based on a defect which he/she was aware of or could not overlook at the time of purchase; the Customer is therefore asked to read Product sheets thoroughly for a description of all the Products, particularly when choosing a Product.
It is expressly stated that the TWEED Co. SA Website is aimed at private consumers and that the Products it sells are not intended for professional use. Consequently, the company TWEED Co. SA shall not be held liable for any indirect or immaterial damages that may arise from the use or exploitation of ordered Products. In addition, the Products comply with Swiss legislation.
TWEED Co. SA shall not be held liable in the event of non-compliance with the legislation of the country to which the Products are delivered: the Customer is responsible for consulting the authorities of the country of import to find out if the Product is permitted there.
Furthermore, the Company TWEED Co. SA shall not be held liable for non-fulfilment of the contract entered into, on the one hand in the event of force majeure and on the other hand in the event of fault on the part of the Customer or an unforeseeable and insurmountable event attributable to a third party to the contract or consequences arising from the improper use of the Products sold on the Website.
11. INTELLECTUAL PROPERTY
It is forbidden to copy, reproduce, modify, download, publish, republish, send or distribute any feature of the Website, in particular editorial content, graphics, photographs, logos and trademarks, in any form or by any means without the written agreement of TWEED Co. SA. Any unauthorized use of the features of the Website may constitute a breach of regulations or legislation relating to copyright, trademark protection rights or any other applicable legislation, and shall be subject to the penalties provided for by law and to automatic prosecution by TWEED Co. SA.
12. PERSONAL DATA
The Customer has the right to oppose, access or correct any data about him/her that is made known to the company TWEED Co. SA during the performance of the contract. The Customer may make his/her request by sending an email to TWEED Co. SA at the following address: firstname.lastname@example.org.
In accordance with regulations, the Customer’s request must be signed and accompanied by a photocopy of an identity document bearing his/her signature, and must specify the address to which a reply should be sent. A reply will be sent within two months of receipt of the request.
In addition, TWEED Co. SA shall be able to send the Customer its special offers and newsletters on a regular basis and send this data to or share it with our trading partners, if the Customer so chooses when he/she registers.
TWEED Co. SA will use this information for the sole purposes of processing the Customer’s orders and producing statistics to improve its Website and the services it offers.
Unless the Customer provides evidence to the contrary, the automatic registration systems of TWEED Co. SA are considered as proof of the nature, content and date of the sales contract.
14. APPLICABLE LAW, DISPUTES, HANDLING OF COMPLAINTS
The relationships 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 prevailing language of this contract is French. In the event of a legal dispute, jurisdiction shall lie exclusively with the Swiss courts, subject to the applicable legal provisions.
If you wish to make a complaint, please contact the Customer Service department first at the following address: