TERMS AND CONDITIONS OF THE COMPANY TETANOS ART
These General Conditions of Sale ("General Conditions" or "GC") are applicable to all activities provided by the company "Tetanos Art" (hereinafter the "Company"), a company located at rue Eugène- Marziano 33, 1227 Les Acacias, Canton of Geneva.
The company "Tetanos Art" offers for sale handmade jewelry made by Mr. Nicolas Gras, in a traditional way and craft. Mr. Nicolas Gras has the title of "master punch". The pieces are made of gold, bronze and silver and can be set with precious and semi-precious stones. The pieces can be made to measure, in a single copy or in multiple copies. Some pieces are made in limited series. The Company may also offer for sale other types of products, including clothing (t-shirts, hats, etc.). The chains used on the pictures for the pendants are not supplied with the pieces. These Terms and Conditions apply to all sales made by the Company, whether through the website of the Company (www.tetanosart.com), through resellers, through sales by phone, email , by oral declaration or by any other manifestation of will. By accessing the Company's website and using it, in particular by purchasing the Company's products, the customer acknowledges being bound by these Terms and Conditions, which he declares to have read and understood. The Company reserves the right, in its sole discretion, to modify these Terms and Conditions at any time. It is the client's responsibility to consult them regularly to keep abreast of any changes. The Conditions applicable at the time of the conclusion of the contract by the customer apply, unless the customer has expressly agreed in writing other provisions.
2. Conclusion of the contract
The conclusion of the contract occurs at the time of acceptance by the customer of the offer proposed by the Company in connection with the purchase of the Company's products. In any case, the contract is concluded as soon as the customer accepts the services offered by the Company and / or when he orders products on the Company's website or when he buys his products directly.
Unless otherwise agreed, all prices are quoted in Swiss francs (CHF). The Company reserves the right to quote prices in other currencies according to the countries in which its products will be sold. All prices quoted include additional amounts relating to Value Added Tax (VAT), where applicable. The applicable VAT rate is determined according to the country concerned.
Prices do not include any additional taxes that would apply.When the ordered products are delivered in Switzerland, the prices indicated on the website of the Company include shipping and packing. When the ordered products are delivered abroad (outside of Switzerland), the prices indicated on the website of the Company do not include shipping and packing costs or customs fees. The Company reserves the right to modify its prices at any time. The prices indicated on the website of the Company as well as those indicated on its price list apply at the time of conclusion of the contract.
The Company offers the customer the following payment terms: PayPal, Prepayment. The sale price must be paid in full by the customer upon conclusion of the contract. The Company will start manufacturing the ordered products as soon as the sale price is paid. When the Company offers products for sale through its website, it reserves the right to require payment to be made electronically as part of the order process (Paypal or other payment systems). It is not possible for the customer to compensate any claim on the amount of the invoice that he must pay to the Company. The Company reserves the right to waive delivery or service in the event of late payment.
5. Obligations of the Company
5.1. Delivery / Delivery date
Delivery will be made within 15 (fifteen) working days of the order if it is to be made in Switzerland. Longer delays can be applied in case of international sale. If a timely delivery is not possible, the customer will be informed of the new delivery date or availability of the product within 5 (five) business days of the order. The Company will endeavor to propose an alternative.
If the Company, its suppliers or authorized third parties are not able to execute in due time due to force majeure, for example in case of natural disaster, earthquake, volcanic eruption, d avalanche, weather, storm, storm, war, political or social unrest, civil war, revolution and insurrection, terrorism, sabotage, strike or nuclear accident or damage of nuclear reactors, then the Company is released from the obligation to perform its performance during these cases of force majeure as well as during a suitable period of time following the end of these events. If the force majeure lasts more than 30 (thirty) days, the Company is entitled to withdraw from the contract. The Company must then completely refund the sums already paid by the customer. All other claims, in particular those concerning claims for damages resulting from a case of force majeure are excluded. Unless otherwise agreed, the place of performance shall be at the place of the registered office of the Company. The service provided by the Company is considered as executed when the products are delivered to the carrier which has been chosen by the Company.
The Company expressly reserves the right to hire auxiliaries to fulfill its contractual obligations.
Products manufactured by the Company are generally made by hand, custom-made and at the request of the customer. For this reason, it is not possible to exchange or return these products, except in case of defects referred to in paragraph 7 (below). When the products have not been made to measure for the customer, the latter can exchange them for a product of the same value, within 5 (five) days after receipt (a refund is excluded). The products must be in their original packaging and have not been used. The customer bears the costs of returning and exchanging.
The legal provisions concerning the guarantee apply.
If the defect results from a manufacturing problem, the Company undertakes to repair or replace the defective item. The same applies when the defect results from the transport of the goods. The Company will then return against the carrier, respectively against the carrier's insurance. The Company declines any responsibility in case of default resulting from misuse by the customer (eg damage due to delivery, improper storage, improper use etc.). In addition, the fact that the products manufactured and delivered are not exactly similar to the photographs on the Company's website (weight, size, visual etc.) or the fact that these products may have some imperfections, in no way constitute a defect. The company produces handmade and original products, made by hand, which can not be made or identical in size and can therefore be imperfect, hence their special charm.
Any defect must be immediately reported to the Company at the time of delivery of the product. The Company will then decide if the defective product needs to be repaired or replaced. The customer has a claim to decrease or refund the sale price only when a replacement or repair is not possible. It is not possible to request a reimbursement of costs when the repair is performed by a service provider external to the Company. The customer can not request a replacement product during the repair period. The warranty period restarts with respect to the repaired item and continues to run according to the original warranty period for other items.
Liability for indirect damage or consequential damage is excluded. Liability for direct damage is limited to the selling price of the product / price of the service. This limitation of liability is not valid in case of fraud or gross negligence. The customer is obliged to inform the Company immediately of any damage. Any liability of auxiliaries is excluded, to the extent permitted by law.
9. Intellectual property rights
The Company has all the rights to the products and services it offers.
Neither these General Conditions nor the individual agreements relating thereto deal with the assignment of intellectual property rights, unless this is expressly provided for. In addition, any reproduction or reuse of products sold by the Company or any publication or dissemination of information, images, texts or any other elements that the customer receives in connection with these provisions are excluded, unless have been expressly authorized by the Company. The customer must ensure that it does not infringe any intellectual property rights of third parties when using the objects sold by the Company or content, images, texts or figurative elements, when it uses them in connection with Enterprise.
10. Data protection
The company has the right to process only the data necessary for the transactions at the time of the conclusion of the contract in order to fulfill its contractual obligations unless the customer expressly agrees that its data be used in other ways Unless the customer expressly agrees, the Company is not entitled to use its data for marketing purposes. The data necessary for the execution of the service can not be transferred to the service partners authorized by the Company as well as to other third parties except in the case of explicit agreement.
You can subscribe to our newsletter, you will receive informations about our new products and news about the Company. If you decide to unsubscribe to the newsletter you can at any time send us an email at the following address: firstname.lastname@example.org and we will erase your details.
The Company takes all necessary measures to ensure the protection of data in accordance with legal provisions. Data protection legislation applies.
These Terms and Conditions supersede any prior agreements or arrangements. Only the provisions of individual contracts that specify these General Conditions take precedence over them.
12. Salvator Clause
The validity of these Terms and Conditions will not be affected if any of its provisions or any of its annexes is or should be declared invalid. In this case, the invalid or invalid provision will be replaced by a valid provision that is close to the purpose of the invalid or invalid provision. The same thing applies in case of a possible gap
The client, the Company and their assistants undertake to keep secret any information that has been exchanged or acquired as part of the services performed. The obligation of confidentiality continues even after the end of the contract.
14. Agents and distributors
The customer agrees that any distributors or agents are likely to work independently of the Company and that potential claims must therefore be directed against them directly. The Company assumes no liability for contractual violations committed by any agents or distributors.
15. Applicable law / Forensic
These Terms and Conditions are subject to Swiss law. The courts located at the place of the registered office of the Company are competent to settle any dispute between the parties, except contrary imperative legal provisions. The Company is free to bring legal action to the defendant's registered office / domicile.The application of the United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is expressly excluded.