Terms and conditions of sale
General Terms and Conditions of Sale
Version dated 11.09.2018
For all purposes of the GTCS, the following capitalized terms shall have the following meanings:
Purchaser: Any Member acquiring goods through the Website for their personal use.
GTCS: The present general terms and conditions of sale.
Seller: The company GMT Publishing Sàrl, registered with the commercial register of Geneva, Switzerland, under identification number CHE-104.320.562, domiciled at rue de Vollandes 23, CH-1207 Geneva (@: email@example.com; P: +41 22 718 33 33; F: +41 22 718 33 31).
2.2 By submitting an order through the Website, the Purchaser declares being of legal age and having the legal capacity to contract. 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.
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. Access to online sales
The Purchaser shall log in to the Members' Area through his/her user account to access the online sales' catalogue and place an order via the Website.
4.1 The product catalogue contained in the Website 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 the order by email.
4.2 The goods are offered for sale on the Website subject to availability. If the Seller is unable to supply the goods, it will inform the Purchaser by e-mail and will, if necessary, cancel the order. To the extent that the order has already been paid for by the Purchaser, the latter will be fully refunded without any undue delay.
4.3 The validity of the orders placed by the Purchaser may be subject to maximal or minimal quantities.
4.4 The data registered by the Seller and summarized for the Purchaser in the confirmation of the 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.
4.5 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. Price and payment modalities
5.1 The prices indicated on the Website are in Swiss francs (CHF), VAT included (where applicable). 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 at the exchange rate in force at the time of the order. 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 and customs duties may be required by the applicable legislation.
5.2 The delivery costs are invoiced additionally 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 only methods of payment accepted by the Seller are those indicated on the Website.
5.4 Any order offer is subject to prior payment by the Purchaser of the full amount of the order, as well as of the delivery costs.
5.5 Payments are made through servers provided and secured by the Seller's financial partner institutions, so that no financial information about the Purchaser passes through the Seller's servers.
5.6 To the extent permitted by applicable law, the Purchaser bears the risk of a malfunction of the payment system, in full discharge of the Seller.
6. Delivery and passing of risk
6.1 Any order confirmed by the Seller will be delivered to the address indicated on the order, with the exception of event tickets and similar types of goods which will be directly e-mailed to the Purchaser or made available through his/her user account.
6.2 The Seller will use its best efforts to ensure delivery within ten (10) working days following the reception by the Purchaser of the order confirmation. However, this is only an indicative and non-binding 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 the transporter designated by the Seller) - has acquired the physical possession of the goods.
7. Right of withdrawal
7.1 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 submitted via the Website 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. Without express and prior instruction from 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. The refund following the exercise of the right of withdrawal is made in full settlement of all claims. The Purchaser may under no circumstances claim additional damages from the Seller, his/her claim being limited exclusively to the full refund of the payment made.
7.4 The Purchaser shall send back the goods without undue delay and, in any event, no 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 shipping costs are borne by the Purchaser. 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, char¬acteristics and functioning of said goods.
7.5 The right of withdrawal does not apply notably to the following contracts:
- service contracts after the service has been fully performed;
- the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period;
- the supply of goods made to the Purchaser's specifications or clearly personalized;
- the supply of goods which are likely 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 supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after thirty (30) days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the Seller;
- the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
- contracts concluded at a public auction;
- the supply of digital content which is not supplied on a tangible medium.
8.1 The goods ordered on the Website are guaranteed against defects by their manufacturer, in accordance with the specific clauses and conditions set out in the original documentation delivered with the goods or made available by the manufacturer. It is the Purchaser's responsibility to inquire about the details of the warranty directly with the manufacturer. To clarify any doubt in this respect, it is specified that only the manufacturer is liable for the guarantee offered, to the exclusion of the Seller. Under no circumstances does the Seller guarantee the warranty offered by the manufacturer.
8.2 IN ADDITION TO THE MANUFACTURER'S WARRANTY, TO THE EXTENT PERMITTED BY LAW, THE SELLER DOES NOT PROVIDE ANY WARRANTY OR AFTER-SALES SERVICE TO ITS CUSTOMERS. THE SELLER IS, WITH FEW EXCEPTIONS, NOT THE MANUFACTURER OR REPAIRER OF THE GOODS OFFERED ON THE WEBSITE.
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.
10. 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 result in prosecution.