TERMS AND CONDITIONS
Version dated 2021/02/17
For all purposes of the GTCS, the following capitalized terms shall have the following meanings:
Seller: The company CHADO LLC, registered with the commercial register of Geneva, Switzerland, under identification number CHE-260.866.151, domiciled at 16 rue Neuve-du-Molard, 1204 Geneva, Switzerland (@: firstname.lastname@example.org; P : +41 22 347 26 44).
GTCS: This general terms and conditions of sale.
Purchaser: Anyone acquiring goods through the Website.
2.1 By submitting an order through the Website, the Purchaser declares meeting the minimum age as required by his/her country’s legislation to do so (18 years for Switzerland) and having capacity to establish rights and obligations through his/her acts. He/she also acknowledges that he/she has read, understood and that he/she agrees to abide by the GTCS without any reserve. Any order implies the prior and express acceptance of the GTCS. In case of disagreement with the GTCS, the Purchaser shall refrain from ordering through the Website. Derogations from the GTCS by the Purchaser are only valid in so far they are agreed in writing by the Seller.
2.3 The Seller reserves the right to amend the GTCS, at any time and without prior notice, by publishing a new version thereof on the Website (which shall cancel and replace the existing version). Any order made after the publication of a new version of the GTCS shall imply acceptance of all provisions thereof.
3.1 The Purchaser shall register to place any order through the Website.
3.2 The Purchaser is solely responsible for the accuracy and the completeness of the information he/she provides during his/her registration.
3.3 As the case may be, the Purchaser shall inform the Seller of any modification of the data he/she provided by immediately updating his/her profile.
3.4 When registering, the Purchaser shall choose a password permitting access to the Website. This password is strictly confidential and should not under any circumstances be disclosed to third parties.
3.5 The Purchaser is solely responsible for the use, conservation and security level of his/her password. The Purchaser shall be held responsible for any order placed using his/her password, even without his/her knowledge.
3.6 The Purchaser shall immediately notify the Seller if he/she knows or suspects that a third-party has gained access to his/her password.
4.1 The Website constitutes a product portfolio, which does not itself constitute an offer. By ordering through the Website, the Purchaser becomes bound and commits to pay the selected goods. The offer shall be accepted by – and the contract entered into with – the Seller only from the moment the Seller sends to the Purchaser a confirmation of order by email.
4.2 The validity of the orders placed by the Purchaser may be subject to maximal or minimal quantities.
4.3 The data registered by the Seller and summarized in the confirmation of order shall constitute an irrefutable proof of the order. The data registered by the payment system shall constitute an irrefutable proof of the financial transactions.
4.4 The Purchaser is responsible for obtaining information from the competent authorities regarding possible limitations of use related to the goods he/she intends to order.
5.1 The prices indicated on the Website are in Swiss francs (CHF) or Euros (€), VAT included (where applicable). Orders for delivery outside Switzerland are not subject to Swiss VAT. Nevertheless, they may be subject to possible taxes and customs fees in the destination country. Such costs and the formalities related thereto shall be borne by the Purchaser only. The applicability of the VAT shall be indicated to the Purchaser prior to the order. Our payment provider may suggest converting our prices in foreign currencies. In such a case, this service is rendered by our provider only (to the exclusion of the Seller, which assumes no liability) in accordance with its own terms and conditions. Additional taxes may be required by the applicable legislation.
5.2 The costs of delivery are invoiced in accordance with the indications specified on the Website at the moment of the order. The costs relating to the access and connection to the Website to place an order remain at the exclusive cost of the Purchaser.
5.3 The methods of payment accepted by the Seller are those indicated on the Website, to the exclusion of any other method of payment.
6. DELIVERY AND PASSING OF RISK
6.1 Any order confirmed by the Seller will be delivered to the address indicated on the order. It is however specified that the Seller sells its goods only towards the following countries:
Switzerland, France, Monaco, Germany, Belgium, Bulgaria, Cyprus, Italy, Luxembourg, United Kingdom (UK), Romania, Denmark, Netherlands, Ireland, Sweden, Greece, Finland, Spain, Slovenia, Portugal, Malta, Croatia, Poland, Hungary, Norway, North Macedonia, Bosnia and Herzegovina, Albania, Montenegro, United Arab Emirates, USA, Russia, Israel, India.
Information on import taxes and VAT:
Customs duty and VAT are included in the prices of products when ordered from the following regions: European Union and Switzerland. The price displayed on the website is therefore the final price, all charges included.
6.2 The Seller will use its best efforts to ensure delivery within five (5) working days following the reception by the Purchaser of the confirmation of order. However, this is only an indicative deadline.
6.3 The risk of loss of – or damage to – the goods shall pass to the Purchaser when he/she – or a third party indicated by him/her (and that is not designated by the Seller) – has acquired the physical possession of the goods..
7. RIGHT OF WITHDRAWAL
7.1 Subject to the cases mentioned in article 7.5, if unsatisfied, the Purchaser will have a period of fourteen (14) days from the date he/she acquires physical possession of the goods to exercise his/her right of withdrawal. The exercise date thereof by the Purchaser is decisive to determine whether the deadline is respected. Upon expiration of the deadline, the Purchaser shall be deemed to have waived his/her right to withdraw from the contract.
7.2 The right of withdrawal may be exercised by means of the form provided by the Seller or by a statement unequivocally setting out the Purchaser’s decision to withdraw from the contract. The Purchaser shall then follow the procedure indicated by the Seller.
7.3 In case of withdrawal, the Seller shall reimburse all payments received from the Purchaser in relation with the ordered goods (including the costs of delivery, which shall, however, not exceed an amount corresponding to the least expensive type of delivery) without undue delay and, in any event, not later than fourteen (14) days from the day on which the Seller is informed of the Purchaser’s decision to withdraw from the contract. Unless express and prior instruction of the Purchaser, the Seller shall carry out the reimbursement using the same means of payment as the Purchaser used for the order. Notwithstanding the foregoing, the Seller reserves the right to withhold the reimbursement until the first of the two following events occurs: reception of the good by the Seller or mailing by the Purchaser of evidence that he/she has sent back the goods.
7.4 The Purchaser shall send back the goods without undue delay and, in any event, not later than fourteen (14) days from the day on which he/she has communicated his/her decision to withdraw from the contract. The date of the dispatch of the goods by the Purchaser is decisive to determine whether the deadline is respected. The Purchaser shall be liable for any diminished value of the returned goods resulting from the handling thereof other than what is strictly necessary to establish the nature, characteristics and functioning of said goods.
7.5 The right of withdrawal does however not apply notably to the following contracts:
– the supply of goods made to the Purchaser’s specifications or clearly personalized;
– the supply of goods which are liable to deteriorate or expire rapidly;
– the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
– the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
The goods are guaranteed against lack of conformity for a period of two (2) years from the delivery date. As a rule, unless it is impossible or disproportionate, the defective goods are repaired or replaced. If reparation or replacements are not possible, the Purchaser is entitled to adequately reduce the price or, in case of a major lack of conformity, to rescind the contract (the goods shall then be returned to the Seller and the price be reimbursed to the Purchaser).
Any claim or question may be submitted to our customer service whose details are the following:
9. LIABILITY WAIVER
The pictures and texts illustrating and describing the goods on the Website are not contractual and are provided for information only. The Seller assumes no liability whatsoever in case of errors and/or omissions in connection with the pictures and/or texts displayed on the Website.
To the maximum extent permitted by law, the Seller shall not be liable for any damage whatsoever related to the sale or use of the goods proposed on the Website.
GTCS exist in French and English. In case of discrepancies, the French version shall prevail.
11. JURISDICTION AND APPLICABLE LAW
To the extent allowed by applicable law, these GTCS are subject to Swiss substantive law.
Subject to mandatory jurisdictions designated by applicable law, the place of jurisdiction shall be Geneva (subject to an appeal to the Swiss Supreme Court).
All rights on the GTCS belong to their authors. Any reproduction without prior authorization is strictly forbidden and will be sued.
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (16 rue Neuve-du-Molard, 1204 Geneva, Switzerland – +41 22 347 26 44 – email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Thank you for visiting the Website.
The information and documents of our Website are only indicative and presented to you to promote ourproducts and services. The information and documents presented may neither be considered as an offer for products and/or services by us, our partners or third parties, nor as advice or instructions regarding the use of ourproducts and services.
CHADO: The company CHADO LLC, registered with the commercial register of Geneva, Switzerland, under identification number CHE-260.866.151, domiciled at Rue Neuve-du-Molard, 16 / 1204 Geneva, Switzerland.
Content: any software, work, process, service, layout, design, technology, trademark, logo, business name, invention, description, image, sound, music, video, information and any other content available on the Website.
GTCS: our general terms and conditions of sale, as amended from time to time.
3. GENERAL TERMS OF SALE
The purchasing of our products and services through the Website is governed by the GTCS, which apply in case of an order.
4. ACCURACY, COMPLETENESS AND TIMELINESS OF THE INFORMATION
We make reasonable efforts so as to ensure that the information on theWebsite is exact and complete. However, we may not be held liable should this not be the case. Any reliance on contentsdisplayed on the Website will be at your own risk. You understand that it is your responsibility to inform yourself of any and all modificationsin the contents of the Website. CHADO declines any liability related to the foregoing.
5. INTELLECTUAL PROPERTY RIGHTS
Copyrights and other intellectual property rights on the Content are the property of CHADO or used with the permission of the concerned owner. You are authorized to navigate on the Website and to reproduce excerpts thereof, by print or download on a hard disk, for yourself or your friends and family, provided that the rights of the author and other symbols of intellectual property ownership remain intact. No reproduction of any part of the Website may be sold or distributed for commercial purposes, amended, or incorporated to another work, publication or website.
CHADO and, as the case may be, its partners, shall remain owners of all rights on the Content, which is protected by copyright, design law, trademark law or patents and by all other intellectual property or industrial property law applicable.
6. LINK TO OTHER WEBSITES
7. PROCESSING OF COMMUNICATIONS TO CHADO – SECURITY OF EMAILS
Any communication that is sent to CHADO by Internet shall not be considered as confidential.When you communicate with CHADO with emails, you must take into account the fact that emails on the Internet are not protected. Therefore, by sending important or confidential messages by email, in a non-encoded form, you accept the risks of such uncertainty and of the potential lack of confidentiality of the Internet.
8. DISCLAIMER OF WARRANTIES
The use of this Website shall be at your own risks.
This Website is offered to you on a‘as is’ and ‘as available’ basis. Therefore, CHADO makes no warranty. In particular, we do not warrant that (i) the Website and the services provided by it are conform to your requirements; (ii) the Website and the Content are complete, correct, accurate, reliable, updated and that they do not infringe third party rights; (iii) access to the Website will not be interrupted or result in an error or that it is without virus; (iv) defects will be rectified; (v) the Website is secure; or (vi) any advice or opinion originating from this Website is accurate or reliable.
This Website may also contain information or documents regarding products or services that are not yet available to everyone. Despite the fact that CHADO strives to distribute its products and services as widely as possible, the reference to a product or service does not imply that it is or will be available to you.
Any information on this Website is subject to modification or deletion without notice.
9. DISCLAIMER OF LIABILITY
To the extent allowed by law, any liability of CHADO of its organs, of its delegates and of its agents that may result from your access of use of the Website is denied.
As a precondition to your use of the Website, you undertake to indemnify CHADO or any organ, delegate, agent thereof, for any damages (including court and lawyer fees), which may result from your access or use of the Website.
10. FORBIDDEN ACTIVITIES
CHADO reserves the right to prohibit (for instance by deleting the concerned content, by limiting or forbidding access to the Website) any act that CHADO may consider inappropriate and/or contrary to laws or regulations applicable to the Website, including (amongst others) the publication or communication through the Website of non-authorized information such as contents that,in our sole opinion, may upset, cause damages to or infringe the system and security network of CHADO or of third parties, or that contain defamatory, racist, obscene, threatening, pornographic or other unlawful or immoral statements. CHADO also reserves the right to delete, without prior notice, any link, ad or indication of a commercial nature published by a user of the Website.
We also retain the right to limit, suspend or cancel your access to the Website or to some functionalities or parts thereof without notice.
13. JURISDICTION AND APPLICABLE LAW
To the extent allowed by applicable law, these GTCS are subject to Swiss substantive law.
Subject to mandatory jurisdictions designated by applicable law, the place of jurisdiction shall be Geneva (subject to an appeal to the Swiss Supreme Court).
PRIVACY AND PERSONAL DATA PROTECTION POLICY
We take the protection of your personal data very seriously.
This Policy describes the methods that we use to collect, store, process and use your personal data.
By providing us with such personal data and/or by using our Website, you are consenting that we collect, store, process and use your personal data according to the applicable law and to the terms and conditions of this Policy.
If you do not agree with this Policy, do not provide us with any personal data or provide us only with the personal data that you agree to transmit. In case of disagreement, if you withdraw your consent or if you choose not to provide us with some of the required personal data, we may be totally or partially unable to provide you our products or services.
Should you have questions or comments regarding this Policy or suggestions regarding its improvement, please contact us at firstname.lastname@example.org.
1. WHICH DATA DO WE COLLECT?
We collect personal data in two ways:
Information that you freely choose to share with us: in order to use our services, in particular to subscribe and/or place an order via our Website, you need to provide us with some personal data, such as your name, postal address, email address, phone number, password, etc.
Information that is automatically collected when using our Website: besides the personal data that you freely choose to share with us, we collect and process various information regarding your use of – and your behaviour on – our Website, such as your browsing preferences, statistics regarding the pages that are most visited on the Website, etc.
Furthermore, when you are using, through our Website, third-party services (Google Maps™, YouTube™, Facebook™ or Twitter™ buttons etc.), we draw your attention to the fact that the providers of such services may also collect and process personal data through their services (your localization, your user preferences, etc.). Therefore, before using these services, we recommend that you carefully read the privacy policies of these third parties.
2. HOW DO WE USE THE COLLECTED DATA?
We use the personal data that you freely choose to share with us precisely to achieve the purpose for which they were provided to us: To provide you with the information that you requested, to execute your orders, to communicate with our customer service and/or to carry out our obligations arising from any contract entered into between you and us. In addition to this purpose, we reserve our right to use all or part of your personal data for other purposes: To communicate with you, conduct surveys or recommend those of our products or services that could be of interest to you.
With regards to the information relating to your behaviour on our Website that we automatically collect, we use them for the purpose of improving and personalizing our services so as to better meet your expectations.
3. TO WHOM ARE THE COLLECTED DATA COMMUNICATED?
You personal data are only communicated to third parties (i) if required to achieve the purpose for which they were freely shared with us (e.g. the execution of an order), (ii) if you have provided prior consent, (iii) if required by law or by a court order or (iv) upon the sale of our business.
You may decide to share some information on social networks, e.g. by using the Facebook™ or Twitter™ buttons, which may be available on our Website. Please remember that when you publicly share personal data, this information may be seen and used by other people, as well as indexed by search engines.
4. WHAT KINDS OF COOKIES DO WE USE?
Strictly necessary cookies: these are cookies that are required for the operation of our Website and for you to be able to complete services you ask for. They include, for example, cookies that enable you to log into secure areas of our Website.
Functional cookies: these cookies record information about choices you make on our Website, such as your user name, language or the region you are in. In this way, we are able to personalize your visit on our Website.
Performance cookies: these “analytical” cookies allow us to collect information about how visitors use our Website, for example to count visitors and to see how visitors move around our Website. They record your visit on our Website, the pages you have visited and the links you have followed. These cookies do not collect information that identifies you. All information is anonymous. This helps us to improve the way our Website works. In order to continuously improve and optimize our Website, we use the Google Analytics™ tracking technology. Google Analytics™ is a service of Google Inc. (“Google”). Google Analytics™ is a web-analysis service allowing us to better understand your behaviour on our Website. It may use a certain type of cookies in order to collect anonymous information and create activity reports regarding usage statistics of our Website without you being personally identified. The information produced by such cookies (including your IP address) may be sent to – and stored on – Google’s servers in the United States of America and thus subject to foreign legislation. If you do not agree with Google Analytics ™ collecting personal data regarding your visits, you can install an add-on module for your web browser, which allows you to deactivate Google Analytics™.
Social media cookies: these cookies allow you to share Website content with social media platforms (e.g. Facebook™ or Twitter™ buttons). This method may authorize the concerned social media to monitor your navigation on our Website by the mere fact that your account is activated on your device (open session) during the navigation. We have no control over these cookies as they are set by third-party providers.
Advertisement cookies: these cookies allow us to deliver tailor-made advertisements to you on third-party websites based on your interests in our products and services manifested during your visit on our Website. These cookies do not collect information that identifies you. All information is anonymous.
We may engage on our Website in interest-based advertising, including retargeting or remarketing technology provided by third parties, such as Google™ or Facebook™. Based on that, we are able to approach you with personalized advertisements. For this purpose, cookies are stored on your computer. During your visit on our Website, neither the third-party providers nor CHADO collect any personalized data, only anonymized data. Thanks to such data we can, for example, approach you with advertisement on third-party websites which is personalized according to your interests in our products, e.g. after you have visited our Website and showed interest in a particular series of products, this technology may later show you more information in form of advertisements while surfing on another website. The only goal of engaging this technology is to best adapt the available information to your interests and to make your online experience as informative as possible.
Flash cookies from Adobe Flash Player™: Adobe Flash Player™ is a piece of software allowing quick development of dynamic content using “Flash” language. Flash (and application of the same type) memorizes the settings, the preferences and the utilization of these contents thanks to a technology, which is similar to cookies. However, Adobe Flash Player™ manages this information and your choices through an interface that is different from the one provided by your web browser. As your device could visualize content developed in Flash language, we invite you to access your Flash cookies management tools, directly through the following website: http://www.adobe.com/fr/.
By using our Website, you accept that data be collected and processed via cookies in accordance with this Policy and with the privacy policies of third-party providers (that we invite you to read carefully).
5. HOW CAN YOU CONTROL THE COOKIES THAT WE USE?
Most browsers accept cookies automatically but allow you to disable them. The help menu on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies all together. You can also disable or delete cookies you have previously accepted if you wish to. Further information is available on the following websites:
We recommend that you leave cookies “turned on” so that we can offer you a better experience on our Website. If you set your browser to block all cookies (including strictly necessary cookies), you may not be able to access parts of our Website.
Most cookies can also be deactivated through third-party tools, such as the ones proposed by the website Youronlinechoice, by the Network Advertising Initiative or by the company Ghostery. Further, most of third-party providers offer modules or proceedings allowing you to deactivate the cookies they use.
6. YOUR RIGHTS
In line with the current laws on protection of data, you have the right to access to, to object to, to modify or to delete the data that concern you. To this end, you may simply connect to your account and make whatever modifications are necessary in your profile or, if not possible, contact us. Unless we need to retain all or part of the information for commercial, accounting, tax or legal purposes (e.g. to offer customer service regarding the products that you ordered or if the law requires to keep copies of some accounting documents), we will delete your personal data.
You may also, at any time and for justified grounds, object totally or partially to the use of your personal data for the purposes mentioned above (opting-out) by writing to us (per mail, fax or email or, where available, through your user preferences).
Please send any request by mail or email, with sufficient information for us to identify you, to:
Rue Neuve-du-Molard, 16 / 1204 Geneva, Switzerland
T : +41 22 347 26 44
7. SECURITY OF PERSONAL DATA
Your personal data are protected against unauthorized processing with the help of appropriate technical and organizational measures. They are stocked in – and may be transferred to – Switzerland.
8. FRAUDULENT USE OF OUR SERVICES
In case of fraudulent use of our Website and, in particular, upon suspicion of punishable acts, the data may be analyzed for purposes of clarification and, upon duly justified request, according to us, transmitted to the competent official authorities or to the third person affected by the fraud.
Policy updated on 2021/02/17.
All rights on this Policy belong to their author. Any reproduction, without prior license, is strictly forbidden.