1.1 Within the framework of these general terms and conditions of purchase, the terms "clientele", "customer" and "purchaser" have the same meaning and mean any person, either a natural or a legal person, who visits and/or uses the www.ethnic.ch' website.
1.2 The "order" means the offer to buy, which is the offer from the client to Ethnic World SA to order the products and/or the services of Ethnic World SA .
1.3 The abbreviation "CO" means "The Swiss Code of Obligations of 30 March 1911" in its version in effect at the time of the publication of these general terms and conditions.
1.4 The abbreviations "art. " and "al. " mean "article" and "paragraph" respectively.
2.1 These general terms and conditions apply to each purchase of products or services from Ethnic World SA' s website www.ethnic.ch , and govern the contractual relations between Ethnic World SA and its clientele within the framework of the Swiss legal system of a "vente à distance" of products and articles using this electronic medium. These general terms and conditions form an integral part to the contract that binds Ethnic World SA with each of its customers and determine Ethnic World SA's entire obligations towards its clientele.
2.2 The field of application is neither "vente à l'essai"(art. 223 and following articlesCO) nor "vente avec paiements préalables" (art. 227a and following articlesCO).
2.3 In case of DISAGREEMENT with these general terms and conditions, our clientele is requested not to use the www.ethnic.ch ' website and is requested to contact Ethnic World SA for the conclusion of a specific written contract.
2.4 Without prior and written permission from Ethnic World SA, the legal relation that binds Ethnic World SA to the client remains governed by these general terms and conditions.
3.1 The customer states that he/she has read and understood the entire contents of these general terms and conditions, which form a single entity, and that he/she is not under guardianship and is 18 years old and more.
3.2 For any order that has been made from our website www.ethnic.ch , the customer states moreover having freely agreed to the entire contents of these general terms and conditions.
4.1 Any order has to be made electronically, from our website www.ethnic.ch , in writing or by email.
4.2 The offer to purchase takes place at the moment the customer clicks on the option « confirmation of order» on the webpage concerned. By ordering, the customer binds himself/herself and makes to Ethnic World SA an offer to purchase the product/s that he/she has priorly selected on the website www.ethnic.ch . Ethnic World SA reserves the right to accept or to refuse this offer, without having to communicate the reason(s) concerned.
4.3 The confirmation of the order and any possible appendix of it enumerate the entire list of goods to be sent (price and specifications) and services from Ethnic World SA.
4.4 The contract is concluded when the customer receives the confirmation from Ethnic World SA that states that Ethnic World SA has agreed to the order (confirmation of order).
4.5 The customer alone has the responsibility to ensure that he/she has received the confirmation of his order. In case of absence of confirmation from Ethnic World SA for the order, it is the customer's responsibility to contact Ethnic World SA to ensure that the order has been registered and agreed.
5.1 All information of any kind, notably all technical information or images on the website www.ethnic.ch are not included in the contract and do not engage the responsibility of Ethnic World SA.
5.2 This information, as well as the links on the website www.ethnic.ch , are only indicatives and may not correspond to the manufacturer's data. Ethnic World SA does not certify as to their exactness and does give any assurance concerning them. Our clientele should refer directly to the manufacturer himself.
5.3 Are only considered as "promised qualities" those that have been expressly described as such in the confirmation of order accompanying the merchandise delivered.
5.4 Ethnic World SA reserves the right to modify at any time the website www.ethnic.ch in order to improve it, notably its appearance.
6.1 Ethnic World SA commits itself to dispatch to the client, the product(s) that has (have) been ordered, within the limits of these general terms and conditions. The sending of products means only their dispatch from Ethnic World SA.
6.2 The place of execution of the contract is located at Ethnic World SA' s registered office.
6.3 Ethnic World SA dispatches its products only in Switzerland.
6.4 For safety reasons, no dispatch is made to any address with a post-office box.
6.5 The delivery of the product/s that has/have been ordered will be made, at the own client's expense and risk, by any transport's firm such as, principally but not exclusively, the "Swiss Post"; transport will be made to the place that has been indicated by the customer in his order.
6.6 The transport to the place of the delivery is exclusively governed by the general terms and conditions of the third party to whom Ethnic World SA has given the goods that have been ordered.
6.7 Once the goods that have been sent, the transport firm alone is responsible for delivering the goods.
6.8 In case of problems resulting from the transport, the customer should send, without delay and by registered mail with "accusé de réception", his/her reservations and give in written reasons for his/her complaint. (Copy to Ethnic World SA).
7.1 The customer must verify immediately, on receipt of the merchandise, the conformity of the goods with what has been ordered.
7.2 The customer has however a period of three days maximum (the two days of the weekend included) from the day of the delivery of the product (this day being counted as the first day) to report to Ethnic World SA any possible error in the dispatch.
7.3 If there is an error imputable to Ethnic World SA, the charges relating to the sending to the customer of goods that are in conformity with those ordered are borne by Ethnic World SA.
8.1 Except for the cases of errors in the delivery imputable to Ethnic World SA or in case of guarantee under these general terms and conditions, no right exists for the customer to return merchandise ordered.
Ethnic World SA would however, and "à bien plaire", consider a possible withdrawal only if the customer shows his/her intention within the period of five days, from the day of the delivery,and respects the procedure applicable to the sending back of the merchandise (see Art. 9 below).
Any request of withdrawal will only be considered by Ethnic World SA if the customer has requested this in writing (by email or by fax). A request by telephone is not admissible.
In case of withdrawal that Ethnic World SA has agreed to, the customer will be credited with the amount of the price of the concerned merchandise after deduction of all charges (these "charges" remainedin their entirety to Ethnic World SA) and this credit (this is a non interest-bearing credit) will be effected only by Ethnic World SA or will be reimbursed.
9.1 Each returned merchandise must have been previously accepted by Ethnic World SA (written request by letter or email )
9.2 Any returned parcel that does not respect the prescriptions of these general terms and conditions will be refused.
9.3 All of the products that are under a return agreement must have been properly packed and returned within the period of five days(weekends and official holidays included) from the day of the delivery.
9.4 In case of return of merchandise, and so long as this return has been agreed by Ethnic World SA, the replacement of it by another identical product is the general rule, and the reimbursement of the price (by a credit note) is the exception..
9.5 In the case of all returned merchandise to Ethnic World SA, the return will only be agreed if each of these returned items has been fully returned and returned in such way that it can be resold, this means kept sealed, accompanied its entire packaging and with all of its eventual accessories.
9.6 Every returned item of merchandise will be checked and tested by Ethnic World SA' s technical service.
9.7 Except the cases of errors in the dispatch that are imputable to Ethnic World SA (see art. 7 above) and of guarantee under these general terms and conditions (see art. 10 below), any return will be subject to charges to cover costs.
10.1 Ethnic World SA guarantees that at the moment of the dispatch, the purchased products correspond to the contractual specifications agreed.
10.2 It is the client's sole responsibility to inform himself/herself of the manufacturers' guarantees.
10.3 Unless otherwise mentioned, and on condition that no different manufacturer's guarantee exists (the manufacturer's guarantee has priority over Ethnic World SA's guarantee), Ethnic World SA does not guarantee its products.
10.4 The guarantee of Ethnic World SA consists exclusively of the exchange of goods or their repair.
10.5 Any return of merchandise in view of its replacement because a possible defect and that has been declared non defective by Ethnic World SA' s technical service results in handling charges of CHF 15.-- plus checking charges of our technical service. This merchandise is at the free disposal of the customer, inside Ethnic World SA' s premises, for removal at the customer's expense.
10.6 In case of defect, the customer agrees to accept the facts and the conclusions stated by Ethnic World SA' s technical service.
10.7 Any defect that has been found must be immediately reported by the customer to Ethnic World SA so long as this defect is under the guarantee of these general terms and conditions.
10.8 When purchasing several products, their eventual defect(s), their replacement or the impossibility of dispatching them do not invalidate the sales contract in its entirety. Ethnic World SA manages the order of each product in an independent way, one product being handled independently from the other.
10.9 The customer enjoys in any case the legal guarantee on eviction (art. 192 and following articles CO).
10.10 The following products can not be returned or exchanged
11.1 Ethnic World SA is not liable for any defects that the customer was aware of at the time of his/her purchase (art. 200 CO).
11.2 Ethnic World SA is not liable of any eventual non observance, by the firm in charge of the transport or by any third party of any merchandise delivery deadlines.
11.3 Any guarantee is excluded if the purchaser or a third party makes or has made changes or inappropriate repairs,or if, in the presence of defects, the purchaser or the addressee of the defective product does not take all the measures likely to reduce the damage.
11.4 Any guarantee is also excluded in case of deterioration of the product brought about by an accident or an electrical event, an unusual or an excessive use of the product, or any use of it that is not in conformity with its intended use.
11.5 Ethnic World SA may not be held liable for damages of any nature that can be brought about by a wrong use of the merchandise that it markets.
11.6 Ethnic World SA is not liable for any eventual damage to the products it markets for damages that has been brought about byany modifications on products by their manufacturers.
11.7 1 Ethnic World SA may not be held liable in case of total non fulfillment or partial fulfillment, of its obligations towards our clientele, caused by any event of fortuitous cases or force majeure or act of God (in French: "cas fortuit") such as, notably, flood, fire, earthquake, war, problems that affect our suppliers, exchange rates fluctuations, administrative or judicial decisions, natural disasters.
11.8 Ethnic World SA has moreover no obligation to repair the eventual related damages such as notably the costs of travel, the loss of profits, the loss of data or the alteration of data of any nature and on any medium, the costs created by the impossibility of using the product concerned.
11.9 Ethnic World SA' s liability is limited in any case to the amount of the order and cannot be engaged for errors or omissions that could have been existed on the site www.ethnic.ch despite all the precautions taken in the presentation of the products.
11.10 All restrictions or exclusions under these general terms and conditions, of Ethnic World SA' s civil liability (or of Ethnic World SA' s affiliates liability) towards our clientele is however ineffective in case of fraud (in French: "dol") or serious misconduct (in French: "faute grave"), or when it is contravenes provisions of imperative law.
11.11 All electrical equipment must be connected by a qualified electrician. Any warranty is excluded if the buyer is unable to submit the elctrician's invoice.
12.1 The guarantee of all the products sold by Ethnic World SA is the one of the manufacturer.
12.2 Any product considered as "consumable" cannot be returned if its package has been opened, if the product has been unpacked or if the product has been used.
12.3 Ethnic World SA does not give any guarantee as regards any eventual incompatibility between the purchased product and our client's system or between the purchased product and other components. This latter is consequently requested to ensure with the product's manufacturer, before placing any orders on our site, that there is compatibility between the product and his own system or the system of the third person to whom the purchase is intended.
12.4 In case of return of merchandise for cause of defect, the duration of the checking of the product and, if need be, its repair, may vary from several days to several months and it (the duration) is never guaranteed by Ethnic World SA.
12.5 During the time required for the checking and the repair of the returned merchandise, no substitute equipment is provided and Ethnic World SA does not assume in any manner the costs and charges of any eventual renting of such substitute equipment.
12.6 Any repair caused by a wrong configuration or by an incompatibility between various elements, that is to say generally speaking, any repair caused by the appearance of a problem in the setting up or in the use of products that have been purchased is not included in the guarantee and is charged in full to our clientele.
12.7 Once Ethnic World SA has agreed that a product, under guarantee, will be returned to it for exchange, the average normal period for replacing this product is within thirty working days from the day when Ethnic World SA has received this merchandise in return. The respect of that period is however not guaranteed because it may vary according to the availability of the replacement merchandise. Ethnic World SA is on this point dependent up on the prior obtaining of the agreement that the guarantee has been given by Ethnic World SA' s supplier before any exchange to be made by our firm.
12.8 Any product that has been returned and the exchange of which has been agreed under guarantee by Ethnic World SA becomes the exclusive property of the latter.
13.1 Our price is composed of the products' sale price that is listed on our site www.ethnic.ch , which means the basic price, when the merchandise leaves our store, in Swiss francs, and without any deduction of any kind. Our prices are moreover increased with all the ancillary costs, such as for instance the forwarding charges, as well as all other taxes, fees and other relevant charges related to the contract.
13.2 Before making any order, the customer is requested to contact Ethnic World SA for all the information regarding these charges.
13.3 Only the price mentioned on the confirmation of order is deemed authentic and this even in the case of price fluctuations between the time of the order and the time of the delivery.
13.4 The basic price of each of our products includes the value-added tax (VAT) details of which are mentioned separately. The VAT's rate is the one in force on the date mentioned on the confirmation of order. Any eventual variation in the VAT's rate is immediately included in our prices.
14.1 The modes of payment agreed by Ethnic World SA are exclusively those mentioned on the site www.ethnic.ch .
14.2 The payment has to be made immediately. A deadline may however be granted but only on the condition of having first obtained the express and written agreement of Ethnic World SA.
14.3 In case of formal notice (in French : "la demeure" / "le retard") in the customer's payment, Ethnic World SA reserves the right to claim the payment of interest on arrears up to 5% of the total amount that is due in capital as well as the recovery costs. Ethnic World SA reserves also the right to defer unilaterally any dispatch, even though the customer has already received a confirmation of order.
14.4 In case of non payment or partial payment of the merchandise, Ethnic World SA reserves the right to recover by starting any necessary legal proceedings.
14.5 In the event of a double payment by the customer, the second payment will automatically be transformed into a "credit note", so that no deduction / penalty is retained. In the event that the customer requests within 30 days of the double payment to be refunded directly to his account, a flat fee of 20.00 will be deducted from the initial amount and the balance will be paid to the account requested by the customer; this request must come via the email which is registered for the corresponding customer account.
15.1 Any checking of material or any other services of Ethnic World SA that are not part of the guarantee are made on a basis of a written estimate and charged according to an hourly rate available at our technical service.
15.2 Only written estimates are valid and their validity is limited to the duration which is mentioned in the estimate. Otherwise, their period of validity is three days maximum from the date of the estimate.
16.1 Ethnic World SA holds the exclusive property rights of each dispatched product until the receipt of the payment of the entire price, including the incidental expenses.
16.2 During an immobilization of the merchandise at the customer's premises, the latter must take part, at his own expense and risk, in all measures necessary to ensure the protection of the property of his rightful owner.
17.1 In its relationship with Ethnic World SA and its employees, our clientele is requested to act in a courteous and diligent manner. Clients must notably cooperate with our staff by providing all the information necessary for the implementation of the contract and to facilitate easy access to such information by Ethnic World SA.
17.2 Moreover, each customer is notably responsible for his own choice of merchandise, for the appropriateness of it with his material and his use, as well as for his telephone costs and/or postal costs when he contacts Ethnic World SA.
17.3 Our clientele is forbidden to transfer these obligations to any third party, unless a written agreement has been first obtained from Ethnic World SA.
Ethnic World SA reserves the right to terminate, at any time and without any compensation, the contract that binds it to its customer in case of insolvency of the latter or in case of serious and persistent defaults, by the customer, in the fulfillment of his contractual obligations.
19.1 All trademarks mentioned on the site www.ethnic.ch belong exclusively to their respective owners, and their presence in no way implies the existence of any legal relation between Ethnic World SA and those owners.
19.2 The customer agrees to recognize the existence of any right of the rightful owners on all documents and all supporting material such as the plans and the technical documents passed on by Ethnic World SA or mentioned on its site.
19.3 The customer commits himself not to inform third parties about the documents and the supporting material that he has received without first the written permission of therightful owner.
19.4 The customer agrees to use the documentation received solely in a manner that is in conformity with the purpose for which it has been given to him, in respect of the legislation in force and in respect of the fair practice.
20.1 To allow our clientele to make purchases from the site www.ethnic.ch , it is absolutely necessary for it to agree first to provide Ethnic World SA with certain information.
20.2 Ethnic World SA commits itself to respect the provisions of the Swiss Federal Law of 19 June 1992 on the protection of personal data.
20.3 Such information communicated to Ethnic World SA by its clientele is managed in a confidential way and is not communicated to third parties, except in response to a judicial order or with the customer's agreement.
20.4 Each customer of Ethnic World SA has the possibility to ask at any time (during the opening hours of Ethnic World SA' s office) for the modification or the cancellation of his/her personal data.
21.1 Any confirmation of order whose date is prior to the date of publication of these general terms and conditions remains governed by the old version of these general terms and conditions.
21.2 These general terms and conditions apply to any confirmation of order established with our clientele, as from the date of the publication of these general terms and conditions.
21.3 Subject to the implementation of Art. 21.1 above , these general terms and conditions annul and replace the preceding version of these general terms and conditions.
22.1 For any litigation concerning the validity, the execution and/or the interpretation of these general terms and conditions, the applicable tribunal is exclusively that in Bouveret (VS).
22.2 The client agrees that the contractual relation binding it to Ethnic World SA under these general terms and conditions is exclusively governed by Swiss Law.
22.3 For all the situations that cannot be governed by these general terms and conditions, the Swiss Code of Obligations applies. The imperative law is reserved.
22.4 In case of a difference of interpretation between the French version, the English version and the German version of these general terms and conditions, the French version shall be deemed the sole authentic version.
22.5 If one of the clauses of these general terms and conditions would, by judicial decision, be annulled, the rest remains legally valid.
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