GENERAL TERMS AND CONDITIONS OF SALE
TABLE OF CONTENTS
Conditions for placing an order
Steps for concluding the contract
Reservation of ownership
Availability and delivery times
Terms of delivery and postage and packaging costs
Methods of payment
Conditions and deadlines for exercising the right of withdrawal
Return and exchange policy
These general terms and conditions of sale define the contractual relationship:
DS DESIGN SERVICE SA,
Chemin des Bresoleys 24
Commercial Register: CH-429.047.645
OF THE ONE PART ;
Any natural or legal person visiting or making a purchase on the Site for themselves or for a third party,
Hereinafter referred to as "You";
ON THE OTHER PART.
ARTICLE 1. CONDITIONS FOR PLACING AN ORDER
1-1 Any person placing a private order on the Site declares that he or she is 18 years old and has the legal capacity or, failing that, parental authorisation to enter into a contract.
In the event that these conditions have not been respected in accordance with what is indicated in this contract and in order to resolve a possible dispute, We reserve the right to contact the legal guardian of this person directly. We shall therefore be entitled to demand payment of all orders placed by that person.
1-2 Any person placing an order for professional purposes on the Site declares that he/she is 18 years of age and has the legal capacity or, failing that, an authorisation from the company, organisation or any other related structure likely to employ him/her, allowing him/her to contract on his/her behalf.
In the event that these conditions have not been respected, in accordance with the clauses provided for in this contract and in order to resolve a possible dispute, we reserve the right to address ourselves directly to the person who has contracted this order and to demand payment from him/her on a personal basis, insofar as he/she has previously guaranteed us, by making the request to open an account, that he/she was authorised to contract in the name of his/her company or that of the company employing him/her.
ARTICLE 2. STAGES IN THE CONCLUSION OF THE CONTRACT
2-1 The information on the Site does not constitute an offer in the legal sense of the term, so that only the order placed between You and Us constitutes such an offer.
2-2 Any Internet user can read the general sales conditions on the Site. Consequently, any order implies Your full and complete acceptance, without exception or reservation, of the conditions set forth in this contract. These are also communicated to You during the validation process of each order, the registration of Your order being subject to their acceptance. Any person who has made a purchase on the Site therefore declares that he or she is fully aware of them and cannot deny this fact in the event of a dispute.
The general terms and conditions of sale in force at the time of the placing of each order are binding and may be subject to change.
In the event of a dispute, an amicable solution shall be sought and, failing that, any dispute of any kind whatsoever shall always be subject to the exclusive jurisdiction of the courts in the territory where ACCESSOIRES4X4.CH is domiciled and shall therefore be governed by Swiss law.
2-3 Upon acceptance of the general terms and conditions of sale and its validation, we will send you an e-mail confirming your order to the e-mail address you provided when creating your profile or during the ordering process. This e-mail constitutes our acceptance of Your order and thus forms the contract of sale between Us and You, governed by the general conditions of sale defined by this contract. We will then proceed to process it in accordance with the clauses of this contract.
ARTICLE 3. RETENTION OF TITLE
3-1 The items delivered to you will remain our property as long as you have not fulfilled your obligations to us and in particular the total amount of the invoice corresponding to the order you have placed on the site.
3-2 The responsibility for the risks of loss or destruction of these articles is however incumbent on you as soon as they are delivered, and this even if you are not yet the owner because you have not yet paid for them.
3-3 In the event of late payment, in accordance with the deadlines clearly specified on Your invoice attached to the items ordered at the time of their delivery, of their non-payment in spite of reminder(s) and in the event that no conciliation could be found, we reserve the right to demand from You that these items be expressly returned to us at your expense.
ARTICLE 4. PRICING POLICY
4-1 The prices displayed on the Site are expressed in Swiss francs CHF and in EUROS, including all taxes applicable in Switzerland, but excluding postage and packing. For all purchases outside of Switzerland, the prices will be expressed in Euros including VAT, calculated on the basis of European taxes according to the place of delivery of your order [Switzerland, Europe or in a country outside of Europe], excluding postage and packing costs.
4-2 The price displayed on the Site at the time of Your order is guaranteed, provided that it has not been modified (upwards or downwards) by the supplier between the previous order and Your order.
4-3 Due to the structure of the car accessories market in Switzerland and for reasons of commercial policy specific to each of our representatives, the price of a work may however vary from one representative to another. Consequently, it is quite possible that price differences, albeit minor, between the Site and other Accessoires4x4.ch sales outlets may be noted:
In the event that You have placed an order for car accessories on the Site with collection in a shop, You will consequently have to pay the amount of Your order, at the price indicated on the Site and which will be invoiced to You.
If, and only if, the accessory in question is the subject of a special promotion in that shop, You will be able to benefit from this discount on the basis of the price that will have been communicated to You beforehand on the Site and provided that this price has not already been the subject of any special promotion.
No quantity or special discount [student discount, discount for the personnel of member companies or those who have an agreement with Accessoires4x4.ch] will be granted on the site, as these are applicable exclusively in our shops and upon presentation of the documents attesting that you are entitled to them.
ARTICLE 5. AVAILABILITY AND DELIVERY TIMES
Deliveries are only made according to availability and in the order in which orders are received. The seller is authorised to make deliveries in whole or in part.
Delivery times are indicated as accurately as possible but are subject to the seller's supply and transport possibilities.
Exceeding the delivery period shall not give rise to any compensation, deduction or cancellation of orders in progress.
However, if 3 months after the indicative delivery date the product has not been delivered, for any other reason than force majeure, the sale may be cancelled at the request of either party; the purchaser may obtain the return of his deposit to the exclusion of any compensation or damages.
The following are considered to be cases of force majeure which relieve the seller of his obligation to deliver: war, riots, fire, strikes, accidents, and the impossibility for the seller to obtain supplies.
The seller shall inform the buyer in good time of the cases and events listed above.
In any event, delivery within the time limits may only take place if the buyer is up to date with his obligations towards the seller, whatever the cause.
5-2 In the case of a multi-item order, you can choose the delivery option you prefer: a grouped delivery of all the items in your order or an ungrouped delivery of the items available at the time of your order separately from the items available later.
5-3 However, despite all the precautions we take with our suppliers to have the most accurate information possible about the availability of the items we offer, it may happen that one or other of them, deemed to be available at the time of your order, is finally unavailable, and we will inform you of this:
In the event that the item is temporarily unavailable, we will consider that your order is still valid until we are able to fulfil it. However, if the supply times for the items that make up Your order are not guaranteed by Our suppliers and it therefore appears impossible for Us to deliver them to You as soon as possible, We reserve the right not to proceed with the order and to ask You to re-submit it at a later date.
In the event of permanent unavailability [out of stock, no longer available, etc.] of the items that make up Your order, we shall be obliged to cancel it. Our shops may then make a recommendation of an article of equivalent quality and price that you are free to accept or decline.
The products are deliverable carriage paid by the purchaser or against reimbursement at the agreed place; in all cases, they travel at the risk of the recipient, who is responsible, in the event of damage or shortage, for making all necessary observations and confirming his reservations by extrajudicial act or by registered letter with acknowledgement of receipt to the carrier, within three days of receiving the goods.
ARTICLE 6. DELIVERY METHODS
6-1 Delivery options
On the Site, you can choose between the following three options for the delivery of physical products:
Grouped delivery of all the items in the order
The grouped delivery corresponds to a single delivery of all the items in your order, regardless of their respective availability at the time your order is registered.
In the case of grouped delivery, our order processing department will store the available items for you until the other items in Your order are received from our suppliers and we are able to ship them to You at one time.
This delivery option is selected by default during the checkout process. If You prefer to opt for unbundled delivery, You can easily change the default option at this stage to the one that suits You best depending on the urgency of Your order.
Unbundled delivery of items available at the time of order and then of items available later
Unbundled delivery is possible for any order of several items.
It allows You to receive quickly, according to the delivery method that you will have chosen, the accessories that We have in stock and then, in a second time and as we receive them from our suppliers, the other accessories of your order until you have been delivered of all the items of your order.
6-2 Delivery methods for orders
On the Site, we offer two shipping methods depending on the weight: Economy Shipping up to 30 kgs, above 30 kgs shipping via courier depending on the cost of postage and packaging they induce and the urgency of Your order. For information purposes, and without us being able to guarantee them as they are the responsibility of Our partner La Poste or the courier carrier, You can consult the average delivery times [working days] associated with each of these delivery methods.
6-3.1 - Postage and packing
Depending on the place of shipment of Your order, the method and options of delivery that You have chosen, during the validation process of Your order basket, You will have to pay separate postage and packaging costs in addition to the amount of the items in Your order.
Delivery in Switzerland
You must take note of the details of the postage and packing costs for the Expedition-Economy shipments. Once Your order has been placed, no complaint concerning them can be accepted.
You can also take note of the average delivery times for parcels from our partner La Poste. However, they are provided to You as an indication only. Consequently, the responsibility of the Site cannot be engaged in the case where the times really noted would exceed these indications.
Delivery in Europe
Postage and packaging costs for deliveries in Europe are distinct according to the geographical zone to which each country belongs. These are divided into two zones: Zone 1 and Zone 2 and Zone 3.
You will be informed of the details of the postage and packing costs for deliveries in Europe [zones 1, 2, 3] at the time of the validation stage, choice of carrier. Once Your order has been placed, no claim concerning them can be accepted.
You can also check the distribution of countries outside Europe for zones 1,2,3 as well as the average delivery times of our partner DPD. However, they are provided to You only as an indication. Consequently, the Site cannot be held responsible if the actual delivery times exceed these indications.
Delivery in countries outside Europe
Postage and packaging costs for deliveries to countries outside Europe are distinct according to the geographical zone to which each country belongs. These are divided into three zones: Zone 3, Zone 4 and Zone 5.
These postage and packing charges apply up to three items per order. After this threshold, charges per item will be added, regardless of the zone to which the country of delivery belongs.
You must take note of the details of the postage and packing costs for deliveries outside Europe [zones 3, 4 and 5]. Once Your order has been placed, no claim concerning them will be accepted.
You can take note of the distribution of countries outside Europe for zones 3, 4 and 5 as well as the average delivery times for parcels from our partner La Poste. They are however communicated to You only as an indication. Consequently, the Site cannot be held responsible if the actual delivery times exceed these indications.
6-3.2 - Customs duties and VAT
Any customs duties and taxes specific to each country, except for delivery in Switzerland, are our responsibility and are included in the amount of Your order and the shipping and packaging costs. We manage for all Europe the compulsory intra-community declarations in the European Union.
Our tax representative :
Tax & Consult SARL - 62 rue Jacques Mugnier - 68200 Mulhouse (France)
Intra-Community VAT number: FR 25 390 204 394
Our intra-Community VAT number: FR 58 811099142
6-3.3 - Purpose of the delivery
The seller reserves the right to make any changes it deems useful to its products at any time and, without obligation to modify products previously delivered or in the process of being ordered, it reserves the right to modify the models defined in its prospectuses or catalogues without prior notice.
ARTICLE 7. PAYMENT METHODS
The amount of Your order on the Site may be paid by credit card via the Postfinance payment platform or by bank transfer or by the Paypal system, the data considered for the debit being that which You have recorded on Your Customer Profile. We will debit Your bank account with the amount corresponding to the balance of Your payment at the time of the effective validation of the physical items that were the subject of Your order and that are subject to availability [see Article 5. Availability and shipping times] and delivery by Our suppliers.
In the event of late payment, in accordance with the deadlines clearly specified on Your invoice and accompanying the delivery of the items that were the subject of Your order, or their non-payment, and in the event that no conciliation could be found, We reserve the right to require that these items be expressly returned to Us at Your expense and that You make a cash payment for any subsequent order. You can make this cash payment during a shop pick-up. This measure, for which We reserve the right to set the duration and which constitutes for Us a guarantee of payment, will then be the necessary condition for Us to be able to honour Your orders.
ARTICLE 8. CONDITIONS AND DEADLINES FOR EXERCISING THE RIGHT OF WITHDRAWAL
8-1 In accordance with Swiss law, there is no withdrawal period written into the law, it is up to the seller to provide for it but the seller is not obliged to do so: any person who has placed an order on the Site has a period of 2 [calendar] days to exercise his or her right of withdrawal, starting from the date of acceptance of the sales contract, in this case from the date of validation of Your basket and confirmation by e-mail of the fact that We have received your order and that We will proceed with its processing.
There is no cancellation procedure. On the other hand, the burden of proof is also on the buyer (art. 8 CC).
8-2 In the event that Your request for withdrawal does not correspond to the conditions defined by this contract, We shall be entitled to demand from You the full payment of the article(s) which would have been the object of Your order.
ARTICLE 9. RETURN AND EXCHANGE POLICY
In addition to exercising the right of withdrawal, you have, under certain conditions expressly set out in this contract, the possibility of returning or exchanging the item(s) you ordered.
All products supplied by the seller benefit from the legal guarantee provided by articles 1641 and following of the Civil Code.
In the event of non-conformity of a product sold, it may be returned in new condition and in its original packaging to the seller who will take it back, exchange it or reimburse it. Conformity or non-conformity concerns the intrinsic qualities of the product. The conformity of the product cannot be called into question in the event of assembly requiring modifications to your original vehicle. The colour of the product shown on the product sheet photo may change depending on the supply possibilities and is not contractual.
When your order is delivered, it is your responsibility to check the condition of your package upon receipt. The buyer must respect the procedures sent by email, detailing the measures to be taken in case of receipt of damaged goods during transport.
All our goods are inspected before dispatch.
Due to the weight and bulk of your product, the carton may be damaged without the goods being damaged.
We ask that you :
If the product is damaged, we ask you to write on the delivery note the damage noted on the goods (e.g.: black aluminium tray dented, torn canvas, grated plastic corners, scratched, twisted, dented gallery, etc.) and to refuse the parcel so that it can be returned to us and we can proceed with a new shipment. No complaint after "conform" delivery could be undertaken with the carrier or our company.
Take precise photos of the damage.
Refuse the parcel (the driver must take the parcel back)
Contact us within 24 hours by e-mail and send us the photos.
According to the insurance procedures of the carriers, we will have to wait for the return of your damaged parcel in our warehouses to replace it.
If the parcel is accepted as is, our commercial responsibility will not be engaged. The cost of replacing the product or repairing it will be charged to the buyer.
ATTENTION: IF YOU WRITE ONLY '' UNDER RESERVE OF UNPACKING CARDBOARD, WITHOUT SPECIFYING THE DAMAGE ON YOUR PRODUCT '', THE INSURANCE OF THE CARRIER WILL NOT TAKE IN CHARGE THE LITIGATION. You will be responsible for the cost of returning the product and repairing the damaged product. No claim to our company can be made without respecting our instructions for receiving and checking your product.
You must open the box and check the product inside in front of the driver. The driver must respect the law on the reception of deliveries and wait until you have finished checking your order.
Special mention for steel rims:
Conforming means: assembly without modification but not conforming to the original manufacturer's offset and dimension.
Non-compliant means: assembly with modification of the vehicle including raising and/or fitting of wing wideners for certain negative offsets, reinforcement or modification of steering, gearbox and transfer components.
Special mention for track wideners:
Concerning screws, bolts and wheel locks, no guarantee concerning breakage can be requested. Unfortunately, we are not able to control these parameters.
In case of expertise, if the causes are related to a bad assembly, or an unsuitable use, the expenses of return will be chargeable to the customer.
Special mention for accessories modifying the original vehicle, snorkels, front and rear bumpers, roof racks, underbody protection, fender flares, any external equipment modifying the vehicle for a particular use, raid, rally, competition and other similar disciplines:
These accessories or external equipment are excluded from the warranty and cannot be returned or exchanged. The choice and fitting of these accessories and equipment is the responsibility of the purchaser. These accessories or external equipment may require adaptations which are the responsibility of the purchaser.
The seller shall not be liable for any modifications or adaptations required for installation and has no legal obligation to advise.
The company DS Design Service shall not be held liable in any way whatsoever for any direct or indirect damage, whether material or immaterial, or physical, arising from the use of the product(s) it markets. By ordering a product from accessoires4x4.ch, the buyer declares that he/she has read the general terms and conditions of sale of the company DS DESIGN SERVICE and accepts these terms and conditions without any restrictions.
All product photos in our shop are non-contractual.
We remind you that any significant modification of your vehicle or of a part of your vehicle obliges you to present it to the vehicle inspection service in your country for an individual approval. These significant transformations must also be clearly and precisely declared to your insurer in order to avoid any subsequent problems relating to the guarantee.
9-1 Return policy
We strongly advise our customers to check the quality of the packaging and the product ordered upon receipt of the delivery and to open the parcel in front of the delivery person in order to check the product or any damage or anomalies on the item purchased.
Any damage found on the package or on the article must be the subject of a refusal of delivery.
In the event that the parcel arrives in good condition, but with damage or a missing or inverted product inside, it is up to the customer to inform accessoires4x4.ch by mail within 24 hours to report the anomaly and then to confirm as soon as possible by registered letter with acknowledgement of receipt to the following address
DS DESIGN SERVICE SA
ZI REUTET 8
The customer must also send a registered letter with acknowledgement of receipt to the delivery carrier with a copy of the delivery note signed by him/her and photos of the damage once the carrier has left.
In order for Us to investigate and process your claim as quickly as possible, you must, failing which We will unfortunately not be able to satisfy it, enclose a copy of the invoice and the delivery note or the delivery note without price only in the case of a gift and sent by parcel.
Any item that does not conform to your order and is the subject of a return request must be returned to us at our expense in its original packaging, unsealed, unworn or damaged.
All these elements must be sent to the following address
DS DESIGN SERVICE SA
ZI REUTET 8
Subject to compliance with all of these conditions, we undertake to send you, as soon as possible and at our expense, the replaced item that is now in conformity with your order. In addition, and as compensation for the costs you have incurred in returning the item(s) concerned to us, we will award you a gift voucher, valid in all our shops, for the net amount of the shipping costs you have incurred in doing so.
As all the items you order from us are the subject of specific orders from our suppliers, we are unable to accept any other return of items that we have sent to you other than those that do not conform to your order or that have been damaged in transit.
9-2 Exchange policy
You have the possibility to exchange an item ordered on the Site, acquired for yourself for a third party or offered to You by a third party.
1. Exchange policy in the case of a shipment of your order
To exchange an item in the case of a European or Swiss delivery, You have a period of 2 [calendar] days from the date of delivery to make your request by e-mail to email@example.com, giving us the customer information concerning You [Name, First Name, Customer No.], the order information [No., date, methods of payment] and the information of the item(s) [item name, reference or Price] concerned by Your request and appearing on Your invoice which appears on your user account at the time of its delivery.
Subject to acceptance by our after-sales service and depending on the nature of the item, You will then have 2 [calendar] days, the postmark being proof or the delivery note dated and signed by the carrier, as of the date of acceptance of Your request by our order department, to return to Us at Your expense the item(s) concerned by Your request BY FOLLOWING OUR RETURN INSTRUCTIONS. In order for us to process Your request as quickly as possible, You must attach a copy of the invoice and the delivery note or the delivery note without price only in the case of a gift and sent by parcel to Your shipment, otherwise We will unfortunately not be able to satisfy it.
Any item that is the subject of an exchange request must be returned to Us at Your expense AND IN ACCORDANCE WITH OUR RETURN INSTRUCTIONS in its original packaging, unsealed, unworn or damaged. All these elements must be sent to the following address
DS DESIGN SERVICE SA
ZI REUTET 8
WE DRAW YOUR ATTENTION TO THE FACT THAT WE WILL HAVE TO CLEAR YOUR ORDER AGAIN AND THAT CUSTOMS CHARGES WILL BE AT YOUR EXPENSE.
Subject to compliance with all of these conditions, we undertake to issue You with a gift voucher for the net amount of the item in your order which will enable You to purchase the item of Your choice in one of our shops.