GENERAL CONDITIONS OF SALE (GTC)
The Customer is informed that these General Conditions of Sale have been translated into English. In the event of any discrepancy between the English translation and the original French text, only the French version will be valid.
Summary of themes
- Definitions
- Acceptance of CVGs by the Client
- Object
- Access to the Service
- Service and Order
- Price
- Payment terms
- Guarantee
- Title retention clause
- Responsibility of the Company
- Delivery and transport
- Control and feedback
- Partial nullity
- No waiver
- Force majeure
- Use and protection of personal data
- Electronic signature and electronic acceptance of CVGs
- Applicable law and place of jurisdiction
Clause n ° 1: Definitions
The words used in these General Conditions of Sale with a capital letter have the following meaning:
CGV: General Conditions of Sale
Client: a natural person of full age and capable, or failing that the legal representatives of minors or incapable persons who wish to use the Service with the Company as a consumer and who have internet access and an e-mail address.
Order: final confirmation from the Customer that he wishes to acquire the Products on the Website against full payment of the Price, under the conditions set by the Company on the Website and in these CVGs.
Order Confirmed /
Order validation: time when the Company validates the Order, either automatically after the Order or after additional checks by the Company.
Party: the Company or the Client
Parties: the Company and the Client
Price: the Total price including all taxes indicated on the Website
Product (s): all Products in the field of textiles, fashion, ready-to-wear, leather goods, shoes, jewelry, accessories, decoration, furniture and perfume, and generally of any Derivative Product whatsoever.
Service: Service of the Company for the sale of Products available on the Website which allows Customers to purchase a Product from the Company in return for full payment of the Price in accordance with these CVGs.
Website: website which allows Customers to use the Service
Company: KLP DIFFUSION Sàrl, with a share capital of CHF 20’000.-, referenced CHE-462.092.881 and whose head office is located at 22, rue du Général-Dufour, 1204 Geneva, Switzerland.
Carrier: the carrier (s) chosen by the Company to deliver the Products purchased by the Customer to the postal address indicated by the Customer
The aforementioned words which are defined in the singular can designate their plural and vice versa.
The titles do not affect the interpretation.
Any reference to a document also includes reference to its amendment, modification, etc.
Clause n ° 2: Acceptance of CVGs by the Client
By placing an Order, purchasing Products from KLP DIFFUSION Sàrl as well as using the functionalities of this Website, Customers accept these CVGs without any modification and in their entirety.
Clause n ° 3: Purpose
The T & Cs detail the rights and obligations of KLP DIFFUSION Sàrl and of its Customers: the buyers.
The object of these T & Cs is the sale of Products that KLP DIFFUSION Sàrl offers to Customers.
KLP DIFFUSION Sàrl is a Company whose purpose is in particular the creation, import, export, trade, representation and distribution of all Products in the field of textiles, fashion, ready-to-wear, leather goods, shoes, jewelry, accessories, decoration, furniture and perfume, and in general any derivative product whatsoever.
The Customer can acquire Products: clothes, bags, shoes, jewelry, accessories, etc.
The Service is provided by the Company in Switzerland only.
Any service performed by the Company KLP DIFFUSION Sàrl implies the unconditional acceptance of the Customers to these T & Cs, which apply only, without restriction and to the exclusion of all other conditions.
The Company may modify these CVGs at its convenience without informing the Customers.
Clause n ° 4: Access to the Service
The Service is reserved for Customers.
Clause n ° 5: Service and Order
The Service allows Customers to purchase Products in return for full payment of the Price to the Company.
The Customer must select on the Website the Product he wishes to purchase and then follow the purchase instructions which are explained on the Website.
All Orders are confirmed by KLP DIFFUSION Sàrl.
The contract comes into force when the Customer has paid for his Order and when this Order has been accepted by KLP DIFFUSION Sàrl.
KLP DIFFUSION Sàrl reserves the right to limit the purchase quantities of certain Products and not to deliver in the event of an exceptionally heavy or bulky Order.
The illustrative images of the Products may differ from the Product delivered.
KLP DIFFUSION Sàrl does not guarantee the availability of all Products.
If a Product is not available, the Customer will be informed and he will be offered either a refund or a credit for a new purchase. The Product will not be sent later.
Clause n ° 6: Price
The Prices of the Products sold are those in effect on the day the Order is placed.
They are denominated in euros, net amounts, including VAT, subject to price adjustment by suppliers and / or significant variation in exchange rates.
The Prices will be increased by the transport costs applicable on the day of the Order.
Any service charges, charges related to payment and shipping, Order charges and handling charges may be added.
KLP DIFFUSION Sàrl grants itself the right to modify its prices at any time.
However, it undertakes to invoice the Products ordered at the Prices indicated when the Order is registered.
The Customer acknowledges being authorized to use the chosen means of payment.
Clause n ° 7: Terms of payment
Orders are paid online and in advance by means of a credit card. KLP DIFFUSION Sàrl is not responsible for the technical failures of these payment tools.
Any Product ordered will be delivered only after receipt of full payment.
KLP DIFFUSION Sàrl reserves the right:
- To suspend or cancel the delivery of an Order made by a Customer in the event of a violation of these GTC;
- To examine the solvency of a Customer, who consents to such an examination by virtue of his Order; and
- To cancel or suspend the Order of an insolvent Customer or one suspected of acting fraudulently.
Clause n ° 8: Guarantee
KLP DIFFUSION Sàrl guarantees the delivery of quality products.
In the event of missing or damaged Products during transport, the Customer is requested to follow the procedure mentioned in clause 11 entitled “Delivery and Transport”.
KLP DIFFUSION Sàrl ensures that the information given on the Products is correct.
The Customer is nevertheless required to check for possible contraindications before use.
Clause n ° 9: Retention of title clause
KLP DIFFUSION Sàrl retains ownership of the Products sold until full payment of the Price, in principal and in accessories.
As such, if the Customer is the subject of a forced execution (seizure, bankruptcy, etc.), the Company KLP DIFFUSION Sàrl reserves the right to claim, within the framework of the procedure, the Products sold and remained unpaid. or their equivalents in monetary value.
Clause n ° 10: Responsibility of the Company
In the event of breaches of its own contractual obligations resulting from these GTCS, KLP DIFFUSION Sàrl is liable to its Customers.
Otherwise, all liability is expressly excluded except in cases of willful misconduct or gross negligence.
Clause n ° 11: Delivery and transport
The delivery service is available in Switzerland, the United States and Europe.
The Product is transported by a Carrier independent of the Company.
The delivery costs are the responsibility of the Customer, unless otherwise indicated during the Order.
For Orders outside of Switzerland, KLP DIFFUSION Sàrl bears the customs costs, but is not and is not responsible for the legal restrictions specific to each country concerning certain specific Products. The Customer is required to inquire beforehand.
Despite all our care in packaging the Products, KLP DIFFUSION Sàrl is not responsible for any damage related to the conditions of transport.
Any problem must be reported to KLP DIFFUSION Sàrl in writing within two days of receipt of the Product so that KLP DIFFUSION Sàrl can improve our collaboration with the Carrier.
The Products ordered are delivered to the delivery address mentioned by the Customer.
Delivery times are indicative. KLP DIFFUSION Sàrl cannot be held responsible for delays in deliveries due in particular to cases of force majeure, transport problems, customs retention or any other reason beyond its control. If the Product can still be delivered, the contract will be maintained without any compensation being due to the Customer.
In the event of impossibility of delivery caused by the Customer (incorrect indication of address or other data), the Company KLP DIFFUSION Sàrl will in no case be held responsible.
No deliveries are made on public holidays and some delivery dates may be blocked.
Clause n ° 12: Control and return
In the event of missing or damaged Products during transport, the purchaser must formulate all the necessary reservations upon receipt of said Products.
These reservations must be confirmed in writing within two days of delivery at the latest, by e-mail, otherwise the delivery will be considered accepted and without defect.
The Customer may not in any case return the Product without the prior consent of KLP DIFFUSION Sàrl.
If the Customer has the right, he will be offered either a refund or a credit for a new purchase.
Clause n ° 13: Partial nullity
If one of the clauses of these T & Cs turns out to be null and void, the remaining clauses of these T & Cs will remain valid and will continue to bind the Parties.
Clause n ° 14: No waiver
Failure by the Company to exercise any of its rights does not constitute a waiver thereof.
Clause n ° 15: Force majeure
The responsibility of the Company KLP DIFFUSION Sàrl cannot be implemented if the non-performance or the delay in the performance of one of its obligations results from a case of force majeure.
As such, force majeure means any external, unforeseeable and irresistible event which, despite the greatest care, cannot be avoided or neutralized. This is the case, for example, with hostage-taking, wars, stormy gusts, floods, earthquakes, rock slides, volcanic eruptions, nuclear accidents, unrest, etc.
Clause n ° 16: Use and protection of personal data
The use of personal data is governed by the data protection declaration.
The data protection declaration is an integral part of these GTC.
The entire data protection declaration is available under the corresponding link.
All personal data will be considered confidential. The information necessary for the management of the Order will be subject to computer processing and may be communicated to associated companies or to third parties as part of the management and / or processing of the Order.
Unless a Customer account is created, personal data will be deleted after processing of the Order and within the legal deadlines.
The electronic contact details indicated in the context of a Customer account may be used to send you information about our Products and events.
Anyone wishing to erase and / or modify their data can do so via the tool relating to the personal account.
For any other question related to data protection and management, we invite you to take contact .
Clause n ° 17: Electronic signature and electronic acceptance of these GTC
The Parties accept the dematerialization of their signature.
By placing an Order, purchasing a Product, validating an Order, the Customer signs and accepts these GTC in their entirety and without any modification.
Clause n ° 18: Applicable law and place of jurisdiction
All disputes that may arise regarding these General Conditions of Sale and any disputes resulting from or related to the relationship between KLP DIFFUSION Sàrl and the buyer will be submitted to the courts of the canton of Geneva and judged in application of Swiss law. , excluding conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Recourse to the Swiss Federal Court remains reserved in any event.