1.1 These general conditions of sale (« Terms and Conditions ») are applicable to orders for products made on the site « tempimenta.com/boutique » from Pascale Tschopp (« tem pimenta »). By placing an order with tem pimenta, the consumer (« Buyer ») accepts the application of these Terms and Conditions.
1.2 No terms and conditions contrary to or derogating from these Terms and Conditions shall apply between tem pimenta and the Buyer.
2.1. By placing an order with tem pimenta, the Buyer declares to enjoy the exercise of civil rights. Minors or persons under curatorship (guardianship) must, prior to any purchase, provide written authorization from their legal representative or curator (guardian) before ordering.
- Order without obligation to purchase
3.1. The Buyer may order and receive items at his home without any obligation to purchase, with the exception of promotional or discounted items. Sales of customized, personalized, promotional or discounted items are final and tem pimenta is not required to make a refund or exchange unless a quality problem occurs.
- Conclusion of the contract
4.1 When an order is made by mail, the contract (the « Contract ») is concluded at the time of acceptance by tem pimenta of the order sent by the Buyer.
4.2 In case of order by telephone or internet, the Contract is concluded at the time of confirmation of the order by tem pimenta. This confirmation is sent to the Buyer after confirming his order by pressing the « confirm » button.
4.3 tem pimenta assumes no responsibility in the case that ordered goods can no longer be delivered due to lack of available stocks, additional supplies or production.
4.4 tem pimenta remains free to delete or modify the offer of the products offered, in its sole discretion and at any time.
4.5 Within 24 (twenty-four) hours after the conclusion of a Contract with tem pimenta, the Buyer may request tem pimenta to modify or cancel the Contract. tem pimenta remains free to accept or refuse the request for modification or cancellation of the Buyer.
The Buyer may not, under any circumstances, modify or cancel a Contract with tem pimenta when he ordered items that were manufactured and / or customized at his request or when the items ordered are already being delivered.
5.1 The selling prices of the products are indicated in Swiss Francs (CHF) by default, or in the currency of the country from which the Buyer connects to tempimenta.com/boutique. They include any taxes and / or reductions applicable on the day of the order.
5.2 Selling prices do not include delivery charges. The amount of delivery charges is added to the selling price. For orders made by telephone or internet, delivery charges are indicated in the order summary (« basket »).
5.3. The selling prices do not include customs fees (different for each country) that are the responsibility of the Buyer.
5.4 Once the order has been validated, the price of the order cannot be changed.
5.5 Subject to the foregoing, tem pimenta is entitled to modify, at its sole discretion and at any time, the price of the goods offered.
- Delivery charges
6.1. Delivery charges are calculated according to the country to which the order will be sent. They are clearly stipulated in the basket, at the moment of validation of the order.
6.2. Delivery costs quoted elsewhere on the website tem pimenta are indicative. It is the costs communicated during the order that are applicable.
- Delivery time
7.1 The delivery times indicated in these General Conditions are given as an indication. It is not a commitment. The Buyer is obliged to accept any delivery of products, even if the delivery is received after the specified time.
7.2 An indicative delivery time is shown for each item in the « product sheet ». For orders by internet or telephone, the delivery time of an entire order is indicated in the summary of the order (« basket »).
7.3 Failure to comply with a delivery period does not give the Buyer any right against tem pimenta.
8.1 Deliveries are made, depending on the goods, by postal service or by the shipping service mandated by tem pimenta.
8.2 Delivery times vary depending on the country to which the order is shipped. tem pimenta cannot be held responsible for any delay or delays attributable to a shipping service.
8.3 If the Buyer does not take possession of the goods sent by post within 7 days, tem pimenta may automatically consider the order as canceled and recover the goods. If a sale price has been paid, it will be returned to the Buyer after deduction of the costs related to the return of the goods. If no price has been paid, the Buyer will be invoiced for the cost of returning the goods.
8.4 When the goods are delivered by the shipping service mandated by tem pimenta, the Buyer and the shipping service will agree on a delivery day. If the Buyer does not accept the goods on the agreed delivery date, tem pimenta may automatically consider the order as canceled and recover the goods. If a sale price has been paid, it will be returned to the Buyer after deduction of the costs related to the delivery and return of the goods. If no price has been paid, the Buyer will be billed for the delivery and return of the goods.
8.5 Orders are shipped on average within 24 (twenty-four) hours, but the period may be extended to 10 (ten) business days. In order to meet these deadlines, the Buyer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building, staircase number, access codes , names and / or intercom numbers, etc.).
8.6 tem pimenta will deliver orders within a maximum delivery time of 12 (twelve) business days for delivery within Switzerland, 20 (twenty) business days for delivery within the European Union, and 30 working days for all other countries; the period begins to run the day after the validation of the order. In case of exceeding the delivery period, not justified by a case of force majeure, the Buyer may request the cancellation of the sale and obtain within a maximum period of 14 (fourteen) days the reimbursement of sums paid on the occasion of the sale.
- Risk transfer
9.1 The transfer of risk – which includes the risk of loss as well as the deterioration of the goods – passes to the Buyer at the time of reception of the goods.
9.2 If the Buyer does not take possession of the goods, the transfer of risk passes to the Buyer when the goods are returned to tem pimenta.
9.3 If the Buyer returns merchandise to tem pimenta, the Buyer bears the risk until reception of the goods by tem pimenta.
- Terms of return or exchange
10.1 Items delivered by tem pimenta may be returned or exchanged within 14 days after reception of the delivery using the return label attached to all deliveries.
10.2 Items returned or exchanged must be intact and complete, unworn and unwashed and in their original packaging, with the label and its references. If items returned or exchanged do not meet the above conditions, tem pimenta is entitled to return the goods to the Buyer and bill them. Delivery charges may, in this case, be charged to the Buyer.
10.3 Customized or personalized items cannot be returned or exchanged.
10.4. Promotional or discounted items cannot be returned or exchanged and are therefore non-refundable.
10.5 In case of return of goods, the return costs are the responsibility of the Buyer.
10.6 In case of exchange of goods, the return costs are the responsibility of the Buyer.
10.7 In case of partial deliveries, the period begins to run upon receipt of each parcel.
11.1 The payment of the goods can be made on the basis of an invoice, by credit card or by Paypal payment.
11.2 By placing an order with tem pimenta, the Buyer expressly authorizes tem pimenta to verify its solvency with third parties.
11.3 tem pimenta may, unilaterally, impose a mode of payment on the Buyer or refuse to conclude a Contract with him.
11.4 Regardless of the method of payment used, the Buyer understands and agrees that his payment may pass through a financial intermediary subject to the legal obligations relating to money laundering.
- Delayed payment
12.1 In the event of a late payment reminder, an administrative fee will automatically be charged. These costs amount to CHF 7 .– (seven francs) in the case of a simple reminder, to CHF 15 .– (fifteen francs) for a second reminder and to CHF 25 .– (twenty-five francs) for one final notice before the initiation of a recovery procedure (prosecution).
In case of default, tem pimenta is entitled to assign its claim against the Buyer to a factoring company or to mandate a third party company that will collect the debt.
- Retention of title
13.1 Unless otherwise provided by applicable law, the ownership of the delivered products will not be transferred to the Buyer until full payment of the products.
- Product Verification
14.1 The Buyer shall inspect the products within 2 (two) days of receipt and shall immediately notify any defects or damage to the products. In the absence of notice from the Buyer within the aforementioned period, the products are deemed to be received in good condition, without defects or damage, and accepted as is, with the exception of defects not apparent.
14.2 In the event of a finding of a not apparent defect, the Buyer shall, immediately upon discovery, notify tem pimenta of this defect. The Buyer will be deprived of his rights in case of late notice.
15.1 IN NO EVENT SHALL TEM PIMENTA BE LIABLE TO THE BUYER OR THIRD PARTIES FOR ANY DAMAGES, INCLUDING ANY INDIRECT OR CONSEQUENTIAL DAMAGES, IN PARTICULAR, LOSS OF PROFIT, ECONOMY, PRODUCTION, CONTRACT, GOODWILL OR COMMERCIAL OPPORTUNITY ARISING FROM A DEFECT IN A PRODUCT. AS SUCH, THE BUYER SHALL WAIVE ANY DEMANDS FOR DAMAGES IN CONNECTION WITH A DEFECTIVE PRODUCT. THE BUYER’S ONLY PRETENSIONS TO TEM PIMENTA ARE THOSE LISTED IN THIS ARTICLE IN CONNECTION WITH THE CONTRACT AS REGULATED BY THESE TERMS AND CONDITIONS AND / OR ANY SOLD PRODUCT.
- Protection of personal data
16.1 During orders, personal data of the Buyer are collected and processed by computer.
16.2 tem pimenta ensures that the data of its customers are processed according to the legislation in force. The data recorded by tem pimenta is used, for example, to record and process orders, to administer customers’ personal accounts, to carry out marketing studies and to compile statistics. The purpose of data processing is improvement, quality control of services as well as market research.
16.3 The Buyer authorizes and gives his consent to tem pimenta so that it can in particular:
– obtain or forward its registered data to third parties insofar as this is essential for the performance of a certain service (e.g. administration and management of personal accounts, monitoring of payments, payment of goods from a supplier recourse to a financial intermediary, etc.);
– communicate to a third party all of his data necessary for the recovery of debt (s).
16.4 The Buyer may, at any time, limit or prohibit the use or disclosure of his data for marketing and advertising purposes.
- Ethical charter
17.1 tem pimenta requires its suppliers to make a commitment to comply with the rules issued by the International Labor Organization (ILO), and in particular the conventions to eliminate child labor, to abolish slavery and forced or compulsory labor.
- Amendment of Terms and Conditions
18.1 tem pimenta reserves the right to unilaterally modify its Terms and Conditions at any time. Nevertheless, the Contract will be governed by the General Conditions in force at the time of its conclusion.
- Applicable law and competent courts
19.1 The Contract as governed by these Terms and Conditions, the General Terms and Conditions and any call-ups are governed by Swiss law.
19.2 Subject to the other mandatory requirements of consumer contracts, any disputes or claims arising out of or in connection with the Contract and these Terms and Conditions shall be settled by the competent courts in Sion, Switzerland.
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