The following definitions shall apply to the present terms and conditions:
Natural or legal person acquiring products through a site, by post, by fax, by email or in person at our premises.
JOINTS DE FRIGO.com Sàrl, Route du Bois-de-Bay 63B, 1242 Satigny
The seller's website on which customers can place an order for products: www.joints-de-frigo.com
All products available for sale by the seller on their website: Custom gaskets in PVC or PVC-rubber
Gaskets by the metre (SEBS/FOAM/EDPM)
Other products: Cleaning product, cutters, glue, hard PVC bracket, magnetic strip or box of samples.
Order placed by the customer to the seller on the website.
The present general terms and conditions of sale apply to all orders for products sold by the seller on their website. The general terms and conditions of sale are available on the website and accepted by the customer prior to placing any order.
The general terms and conditions shall apply in full for all orders made on the seller's website and their customers in Switzerland, regardless of the place of performance and/or delivery.
The buyer’s terms and conditions of purchase shall not apply.
The seller and the customer agree that
the present terms and conditions of sale shall exclusively govern their relationship.
The buyer declares that they have familiarised themselves with the terms and conditions prior to placing the order and acknowledges that approval of the order implies acceptance of the terms and conditions.
By placing an order on the site, customers accept the obligation to pay and the prices and product descriptions on sale.
In certain cases, particularly with regard to payment defaults or other problems for the client, the seller reserves the right to freeze the customer’s order until the problem has been resolved The customer will be informed by email if the product is not available. The order will be cancelled and any refund made.
4. PRODUCT INFORMATION
The products under the present terms and conditions of sale are those shown on the seller’s website and indicated as sold and dispatched by the seller. They are available subject to stocks.
The products are described and presented
TERMS AND CONDITIONS OF SALE AND DELIVERY
as accurately as possible. However, the seller may not be held responsible for errors or omissions in the presentation.
Product prices indicated on the website pages are understood as exclusive of VAT, logistics and dispatch fees. The seller reserves the right to modify the prices of products presented on the website. However, products will be invoiced to the buyer at the price applicable at the time the order is confirmed. During confirmation of the order, VAT, logistics preparation and delivery fees will be added to the final invoice.
6. PAYMENT METHODS
Orders must be paid for via the payment method approved by JOINTS DE FRIGO.com sarl. Either payment within 30 days, or payment directly to the DHL courier (COD), or payment in advance by transfer to our account or via Paypal - for more information, see PayPal.
The seller reserves the right to suspend any order or delivery if bank card payment is refused by the accredited bodies and in the event of non-payment. In particular, the seller reserves the right to refuse to deliver or honour any order from a customer with a previous fully or partially outstanding order or with whom a dispute is ongoing.
7. PRODUCT AVAILABILITY
Save in cases of force majeure and during periods when the online shop is closed which are clearly displayed on the website homepage, the delivery times will be as indicated below, subject to stocks. Delivery times run as of the date the order is recorded. Upon receipt of your transfer (payment), JOINTS DE FRIGO.com Sarl undertakes to dispatch your order within a maximum of 5 working days.
In the event of failure to comply with contractual delivery times, the buyer may terminate the contract by registered signed-for post. In that case, the seller will be required to refund the customer all the sums paid within 30 days of the date on which the contract was terminated.
Should the product ordered be unavailable, the customer will be informed as soon as possible and may cancel their order. The customer will have the option to refund of sums paid, in exchange for the product.
Delivery will be made only after confirmation of payment by the seller’s bank.
The products will be delivered to the address indicated by the buyer at the time of the order. The customer should check the delivery. Any packages returned to the seller due to an incorrect or incomplete address will be redispatched at the customer's expense.
The seller undertakes to deliver the products as required in your order (quantity, measurements and product type).
9. CLAIMS - RETURNS
The customer should submit all claims for product issues or defects as regards their nature or quality. Returns should be agreed with JOINTS DE FRIGO.com Sarl before dispatch. Return postal costs will be offset against future purchases unless the error is ours. No returns will be accepted if the error was made by the customer.
As for custom gaskets that are too long, we can shorten them for CHF 15 per gasket. If the gaskets ordered are too short, you can return them at your expense and include the new measurements. In specific cases, if the gaskets received in return are in perfect condition and can be resold and have not been damaged during the delivery or by the buyer when attempting to install them, we will offer a discount of 50% of the value of your first order against the invoice for your next order.
If the product received by the buyer does not meet the specifications in the order, the product will be replaced or refunded, as requested by the buyer. For defective merchandise, under the statutory warranty, you will be provided with a replacement in the form of a new delivery. Should you experience a problem with the new delivery, you will be entitled to a reduced price or to terminate the contract. We will deliver to straight to your address free of charge. For other compensation requests, we will only be liable for intentional wrongdoing or gross negligence. Claims with respect to patent defects must be made immediately (within one week of delivery). Claims for defects due to improper use or assembly will not be accepted. The warranty will expire one year after the date of delivery of the merchandise where the gasket is subject to normal wear and tear. The warranty shall not apply if we find that maintenance and cleaning of the gasket is inadequate, for example with corrosive or sharp products.
11. FORCE MAJEURE
Circumstances beyond the parties’ control impeding performance of their obligations under normal conditions shall constitute grounds for exoneration from the parties’ obligations and said obligations will be suspended.
The party invoking the circumstances referred to above is required to warn the other party immediately when they occur and when they have ceased.
Force majeure cases are all events and circumstances which are irresistible, not caused by the parties, unpredictable, inevitable, beyond the parties’ control and which could not have been prevented by the parties, despite all reasonably possible efforts. Aside from the cases usually accepted by the Swiss federal courts and tribunals, the following is expressly agreed to constitute force majeure: transportation or supply blockades, earthquakes, fires, storms, floods, lightning, power cuts to telecommunications networks or difficulties with telecommunications networks not caused by the parties.
The parties will enter discussions to examine the effect of the event and agree on the conditions under which the contract can be performed.
12. DATA PROTECTION
All data concerning you that we have collected will be kept strictly confidential. Upon purchase, only information essential for processing your order will be requested. We do not sell, market or loan this information to third parties. However, on an exceptional basis, we may decide to communicate certain information for purposes directly related to the performance of the contracts for sale that we have concluded with you.
13. INTELLECTUAL PROPERTY
Photographs taken by the seller representing the company or the products sold on their website are and shall remain the intellectual property of the seller.
14. APPLICABLE LAW
The present terms and conditions of sale are governed by Swiss law.
Geneva, January 2018
JOINTS DE FRIGO.com Sàrl
Route du Bois-de-Bay 63B 1242 Satigny
Tel: (022) 301 30 22
Fax: (022) 301 30 23