General terms and conditions of sale
1. Scope of application; time limits
1.1 Order processing and delivery shall be carried out exclusively in accordance with these General Terms and Conditions of Business. Any terms and conditions of business which are contrary to or deviate from the following provisions shall not apply.
1.2 The customer is a "consumer" insofar as the contract relates to a service which is for the usual consumption for the personal or family use of the buyer. If the products are not intended for personal or family use, the customer is referred to as a "trader".
1.3 If working days are indicated in terms of deadlines, working days are understood to mean all weekdays except Saturdays and Sundays and legal holidays for our headquarters. The address given in the imprint shall be deemed to be the address of our registered office.
2. Registration
2.1 When entering your personal data required for registration, you are responsible for the accuracy and completeness of the information. You are obliged to treat personal access data confidentially and not to make it accessible to unauthorised third parties. Confirmation of the registration will be made directly after sending the registration form.
2.2 We are not obliged to accept registration or orders from registered customers. We are not obliged to keep our offer permanently available. Already confirmed orders are not affected by this.
3. Possibility of saving and viewing the contract text
3.1 Via a link, you have the possibility to consult our current general terms and conditions of sale at any time.
In addition, you can print out this document or save it using the current function of your internet utility program.
3.2 You can view your order history at any time under "My Account". In addition, after completing your order, you will receive an automatic order confirmation which we will additionally send to you by email to the email address you have given us. This order confirmation email again contains your order data and can be printed out or saved with your email program.
3.3 Your order data will be saved but, for security reasons, you will not be able to view it directly. We grant each customer a password-protected direct access ("My Account"). Here you can view, after registration, the data relating to your past, current and recently sent orders, as well as manage and save your addresses. If you order as a guest, you do not have access to a personal customer account. In this case, you will receive information about your order exclusively by email.
4. Language and conclusion of contract
4.1 Contracts are concluded exclusively in the following language: French. We do not offer any products for sale that can be purchased by a minor. If you are under 18 years of age, it is necessary to appeal to your legal guardian.
4.2 By clicking on the button "order with obligation to pay", you send a contractual order of the articles contained in the shopping basket. Confirmation of the arrival of the order is made directly after the order has been sent. All products are only sold in the quantities customary for households.
4.3 A binding contract shall only be concluded upon the transmission of a separate order acceptance, but at the latest upon delivery of the ordered goods.
4.4 Please note that delivery of the goods delivered shall only take place after the full amount has been credited to our account in the case of payment in advance (reservation). If your payment has not arrived with us despite being due, even after a period of 7 calendar days after a repeat order following the sending of the order confirmation to us, your order shall be deemed to have lapsed. The order is then closed without further consequences for you and us. For this reason, the reservation of the article in the context of advance payment is made for a maximum of 7 calendar days. We then cancel the contract with the consequence that your order lapses and we are no longer bound by the delivery obligation. The order is then closed without further consequences for you and us.
5. Delivery/price/dispatch costs
5.1 You will find information on delivery possibilities and delivery times without obligation on our website or in the shopping basket. However, our information on your respective order is exclusive and binding when we accept your respective order.
5.2 The indicated prices include the statutory VAT insofar as we are subject to VAT. Any VAT that may be due is shown separately in the shopping basket before the final order is placed.
5.3 Any shipping costs that may be incurred are shown separately in the shopping basket during the ordering process when selecting the delivery method and before the final order is placed.
6. Methods of payment
6.1 The methods and terms of payment for your order are indicated on our website or under "My Account". However, we reserve the right for any order not to offer certain methods of payment or to refer to other methods of payment. Our information relating to your respective order is exclusive and obligatory when we accept the order. Any taxes are obligatorily shown separately in the shopping basket during the ordering process when selecting payment options and before the final order.
6.2 Payment of the purchase price is due on the agreed payment date. If the customer forgets this payment date, he will be in arrears without warning. In this case, the customer shall pay us default interest of 5% p.a. from the date of payment.
6.3 The customer's obligation to pay interest on arrears does not preclude the possibility of our asserting further claims due to delay.
7. Retention of title
The goods remain our property until full payment has been made. You agree that we enter the retention of title in your name and on your invoice in the register provided for this purpose. If we have to assert the reservation of title against you, we reserve the right to charge you the costs of registering the reservation of title.
8. Liability for defects in quality, guarantee
8.1 We shall be liable for quality defects in accordance with the applicable legal guidelines, in particular Art. 197 ff. of the Swiss Code of Obligations. The warranty obligation for goods delivered by us is 12 months towards merchants.
8.2 An additional warranty for goods delivered by us shall only exist if this has been stated in the order confirmation for the respective item.
9. Warranty, liability
Unless otherwise agreed, warranty and liability are subject to the statutory provisions.
10. Right of withdrawal
Contract concerning the bearing of costs: If you make use of your right of withdrawal, you must bear the ordinary costs of returning the goods if the goods delivered correspond to those ordered and if the price of the returned goods does not exceed an amount of 50 Swiss francs or if at the time of withdrawal you have not yet paid a higher price. In the other case, the return is free of charge for you.
Notice of cancellation
You have 14 days to withdraw from your declaration of contract in written form (e.g. letter, fax, e-mail) without stating a reason or by returning the goods if they are handed over to you before the expiry of the period. The period begins after receipt of this information in written form, however, not before the goods reach the recipient. The timely dispatch of the revocation or the goods is sufficient to guarantee the revocation period. The cancellation must be sent to:
Alice Gubler, Ch. de Milavy 24, 1806 St-Légier-La Chiésaz
+41 79 238 94 90 – gubler@jemako-mail.com
Consequences of withdrawal
In the case of an effective withdrawal, the mutually received services must be refunded and any profits (e.g. interest) must be repaid. If you are not able to return or refund the service received and any benefits (e.g. benefits of use) in whole or in part or only in a deteriorated condition, you are obliged to pay us compensation for their value. For the deterioration of the goods and for the profits made, you are only obliged to pay compensation for the value if the profits or deterioration are due to handling of the goods beyond the examination of the properties and function of the goods. You are not obliged to compensate for deterioration or depreciation of the goods if the goods have been used in accordance with their intended purpose. You are only obliged to provide compensation if you have used the goods in such a way that it goes beyond the examination of the properties and function of the goods. Examination of the properties and function of the goods" means the testing and analysis of the product in question as it could have been carried out before a purchase in a shop.
Goods that can be sent by parcel post must be returned at our risk. You must bear the normal return costs if the goods delivered correspond to those ordered and if the price of the returned goods does not exceed CHF 50.00 or if at the time of cancellation you have not yet provided the counter-performance or a contractually agreed partial payment for the goods of a higher price. In the other case, the return is free of charge for you. Goods that cannot be sent by parcel post will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. This period begins for you with the dispatch of your declaration of withdrawal or the goods, for us with their receipt.
General information
1. Please return the goods to us if possible in their original packaging with all accessories and with all packaging components. If you no longer have the original packaging, please use a protective overwrap if necessary to protect against transport damage.
2. 2. Please return the goods to us freight collect if possible. We will be happy to refund the shipping costs in advance on request.
3. Please note that the above-mentioned points 1 to 2 are not a prerequisite for the effective exercise of the right of cancellation.
11. Applicable law; place of jurisdiction
Swiss law shall apply to contracts between us and customers to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If it is not a consumer contract within the meaning of the Swiss Code of Civil Procedure for contracts concluded between the customer and us, the place of jurisdiction is our registered office for all disputes arising from the contracts.
12. Changes to the general terms and conditions of business
If necessary, we are entitled to unilaterally amend these general terms and conditions of business - insofar as they are incorporated into the contract with the customer - in order to eliminate any resulting distortions of equivalence or to adjust the legal or technical framework conditions at a later date. You must approve the current general terms and conditions of business by actively ticking them before any new order is placed.
13. Saving clause
Should individual provisions of this contract, including these regulations, be or become wholly or partially invalid or should the contract contain an omission, the legal effectiveness of the remaining provisions or parts thereof shall remain unaffected. The respective legal provisions shall take the place of the invalid provisions. If a provision is missing, the contract must be explained or amended so that the objectives pursued by the parties with the help of this contract can be achieved as far as legally permissible, as would have been the case if the invalid or unenforceable provision had been able to be applied.
14. Information on data processing