General Terms and Conditions
Boutique SILK & CHIC CONCEPT STORE Justyna Kamila Przybysz, based: Chemin de Cressy 6B, 1213 Onex, Geneva, Switzerland.
Each order for the goods made available at www.silkandchic.com shall require prior reading and acceptance of the general terms and conditions of the contract.
Maybe this way:
When ordering the goods, the Buyer acknowledges that he has read and accepts the price list which applies to the products offered by Online Shop, terms and conditions of delivery, and that he accepts the provisions of these Regulations, which means that his signature is not required to this extent.
Consequently, when ordering goods via the Internet, the Client acknowledges that he has read and accepts the general terms and conditions of the contract and his signature is not required to this extent.
The Buyer may save and print these general terms and conditions only for private purposes.
Silk &Chic Concept Store shall produce:
1. Company data
2. Information concerning offered goods which are available at www.silkandchic.com
3. Prices of goods in CHF
4. Method of payments, costs of shipment
5. Information about an option to resign from an order
The objects depicted in the photographs with the sold goods are not delivered with them.
Any and all disputes which arise out in connection with using the online shop SILK& CHIC CONCEPT STORE shall be settled in compliance with the following General Terms and Conditions. If a dispute still persists, we prefer that the matter be settled in an amicable manner.
If needed, the Tribunal in the Canton of Geneva shall be considered the only and exclusive body to settle disputes.
GENERAL TERMS AND CONDITIONS OF SALE
Article 1. General Terms and Conditions
The General Terms and Conditions provide for all the obligations of each party. The Buyer shall accept the provisions of the General Terms and Conditions of Sale. No other term or condition, general or partial, forwarded by the Buyer, is to incorporated into the General Terms and Conditions of Sale; therefore, these documents will not comply with these General Terms and Conditions.
Article 2. Scope of the General Terms and Conditions
The aim of these General Terms and Conditions is to determine the rights and obligations of the Parties in respect of online shopping of goods and services offered by Silk & Chic Concept Store to the Buyer.
Article 3. Contractual Documents
This contract consists of the following documents: the general terms and conditions and an online order form. In the event of any discrepancies resulting from the provisions of these documents of various priority, the provisions of a greater priority shall apply.
Article 4. Entry into force – Term
The General Terms and Conditions of the contract shall enter into force at the moment the Buyer forwards an order by electronic mail. The General Terms and Conditions shall apply during a period required to deliver the ordered products or provide services, until the expiry of a guarantee awarded by SILK & CHIC CONCEPT STORE.
Article 5. Digital Signature
The Buyer’s accepting an order form shall be equivalent with his digital signature and it shall be considered that it has been personally signed by the Client.
Article 6. Order Confirmation
Orders are accepted by electronic mail, through the Order Form. The Buyer shall obtain, at an e-mail address indicated thereby, the confirmation of accepting the order for performance by the Supplier. If the Client does not obtain the confirmation of accepting the order by the Supplier within 24 hours from the moment of forwarding the Order Form, the Client shall inform the Supplier about this fact by electronic mail at firstname.lastname@example.org or by telephone at a number specified on www.silkandchic.com.
Article 7. Transaction Evidence
The IT system operated by Silk & Chic Concept Store, which provides for reasonable protection system, shall constitute sufficient evidence concerning orders and payments between the parties. The filed order forms and invoices shall constitute permanent evidence.
Article 8. Product/ Inventory Information
8a. Silk & Chic presents on its website the goods offered for sale along with necessary information prepared in the form of descriptions and photos which will allow a prospective buyer to become familiar with the good before placing an order.
8b. All products offered by Silk& Chic Concept Store are available for sale if they are on stock. Silk & Chic Concept Store shall not be held liable if the stock is not available or has been sold out; however, it shall make all possible efforts for the information concerning availability of goods specified on the website be updated and it shall inform the Client that a specific product is no longer available by electronic mail.
8c. Silk&Chic hereby reserves the right to change or resign from a product, according to catalogues delivered by its suppliers.
8d. The photographs available on the shop website are not subject of the contract.
Article 9. Price
The price of goods indicated in the Online Shop include VAT and are denominated in CHF; these prices are applicable on the date of forwarding an order form by the buyer. But they do not include shipment costs which are additionally added to an invoice before order acceptance.
The entire amount due for the goods shall be paid prior to the shipment of ordered goods. In no event the transferred funds constitute a deposit or an advance payment against the ordered goods.
In order to make payments, the Client may choose from among various payment methods, as indicated in the online order form. The Buyer hereby warrants Silk& Chic Concept Store that he possesses all the necessary authorisations to make a payment with use of a method chosen thereby. Silk&Chic Concept Store may cancel a shipment if a card payment is rejected by the institutions responsible for these transactions and in the event of a failure to make a payment for the ordered goods. Silk& Chic Concept Store may refuse to ship the ordered goods if the payment has not been made in full or there occurs any dispute concerning the payment. Silk& Chic Concept Store has implemented the entire bank verification system which allows to verify whether bank data of any person are not used by any other person.
The payments to be effected by credit cards shall be handled by PayLane sp. z o.o., with its registered office in Gdańsk, Arkońska 6/A3, post office code: 80-387, KRS 0000227278.
Silk& Chic Concept Store stipulates the right to apply the bank data verification procedure, if any suspicion arises in respect of a specific client.
In order to verify the Client, he is forwarded an enquiry by electronic mail in respect of delivery to Silk&Chic Concept Store a copy of his identity document and place of residence confirmation. The shipment is sent upon prior checking the required documents delivered by the Client.
Article10b. Promotion Codes
Silk&Chic Concept Store may issue promotion codes which will entitle to discount for specific goods. One promotion code applies to one order. Promotions are not cumulative for one order. Promotions are valid until the stock is sold out. Silk&Chic Concept Store may also cancel promotions at any time, without any consequences to this extent.
Article 11a. Availability of Goods
The order is performed within up to 7 working days for all the goods available on stock, counting from the date following the day of placing an order. If specific goods are not available due to the lack of delivery by suppliers, the Client shall be informed about this fact as soon as possible by electronic mail and may cancel the order. The Client shall be reimbursed the payment made thereby.
Article 11 b. Damage
In no event is Silk&Chic Concept Store to be held liable for any damage caused in connection with the use of ordered goods which are offered by Silk& Chic Concept Store.
However, if after the receipt of the goods the Buyer reports any technical defects or damage thereto which occurs during delivery, he shall promptly contact Silk & Chic Concept Store and send back the goods, at his own expense, by SwissPost, at the Supplier’s address. The Supplier shall reimburse the costs of shipment to the Sender promptly upon the receipt of shipment and acceptance of complaint. The complaint justification grounds prepared in writing shall be attached to the returned goods. The complaints are reviewed within 14 working days.
Article 12. Shipment
The goods are delivered at the address indicated by the Client in the order form.
Methods of delivery:
- shipment by SwissPost
- direct delivery to the client
- personal collection at the registered office of Silk & Chic Concept Store.
The goods may be also collected personally and then the payment may be made in cash at the registered office of Silk & Chic Concept Store. We do kindly request you to contact us in these circumstances in order to confirm stock availability of all the ordered products.
The Client shall check the stock at the moment of deliver; in the event of any problem, it shall inform Silk & Chic Concept Store about the condition and status of the delivered goods within 5 consecutive days.
Article 13. Delivery Problems at Default of Carrier
Any and all problems related to delivery (failures, goods not complying with the Order, damaged packages) shall be promptly reported by the Client in writing, and shall bear his signature. The Client shall also inform a carrier by a registered letter about damage reported to the ordered shipment, within 3 days following the date of the shipment receipt.
The Client shall forward a copy of this letter by registered mail at the following address: Silk& Chic Concept Store, Justyna Przybysz, Chemin du Stand 1, 1233 Bernex, Geneva, Switzerland.
Article 14. Delivery Errors
14 a. The Buyer may, within 3 days from the date of shipment receipt, if he does not accept the conditions specified in the order. The complaints obtained after this date will not be considered. In order to execute a right to return the goods due to a delivery error, the goods shall not be delivered with all the labels or used.
14 b. The complaint shall be sent only by electronic mail at: email@example.com
14 c . All the complaints filed in the manner contrary to the above specified procedure shall not be reviewed and in these circumstances Silk& Chic Concept Store shall be released from any liability towards the Client.
Article 15. Goods Guarantee
The Client shall not be deprived of a legal guarantee concerning the ordered goods (hidden defects). The Client shall be promptly informed that Silk& Chic Concept Store is not a manufacturer of goods presented on its website. And, therefore, the goods manufacture shall hold liability for the defective goods. The information concerning manufacturer is provided on the goods packaging.
Article 16. Force Majeur
Neither party shall be held liable for the obligations whose fulfilment has been prevented by a force majeure event which could not have been predicted, avoided and has been independent from the intent of the two parties, despite any and all efforts made by the parties. The party affected by the above specified events shall inform the other party about their occurrence within 5 days from the date of an event reporting. The parties shall undertake measures to arrange a meeting within 10 days, apart from extreme effects resulting for a force majeure event and independent therefore, in order to examine the event and determine the circumstances where the contract can be continued. If the duration of a force majeure event exceeds 30 days, the affected party may terminate these General Terms and Conditions.
To this extent, these circumstances include the situations related to a force majeure event, fortuitous events or any other events, like blockade of means of transport or power supply, or earthquake, fire, storm, flood, lightning strike: failure of a telecommunication or external communication problems dependent upon a client.
Article 17. Severability
If any of the provisions of the General Terms and Conditions is considered invalid or recognized as such by law, the remaining provisions shall be considered still effective and enforceable.
Article 18. Governing Law
All general terms and conditions shall be governed under laws of Switzerland; in particular, the provisions of the Code of Obligations shall apply to any and all aspects which are not governed under these General Terms and Conditions. In the event of a dispute or complaint, the Buyer shall first refer to Silk & Chic Concept Store, with the aim being to develop an amicable solution. Then, if the matter is still unsettled, the Buyer shall file the case with the Tribunal in the Canton of Geneva.
Article 19. Data processing and fundamental rights
Any and all information obtained from the Buyer to perform an order may be processed only by and among partners of Silk&Chic Concept Store that will intervene only in a matter concerning the order. The Buyer may request Silk&Chic Concept Store in writing to obtain access to, change or rectify his data.
The General Terms and Conditions of Silk& Chic are delivered in French, German and English. In the event of any discrepancies, the French language version shall prevail.