In the event of a dispute, only the French version of these General Terms and Conditions of Sale (hereinafter referred to as the “General Terms and Conditions of Sale” or “GTCS”) shall prevail.
Article 1 GENERAL, SCOPE OF APPLICATION
1.1 The sending of the order by the Customer implies his acceptance of the present General Terms and Conditions of Sale in their entirety. The contract for the sale of articles via the Internet is concluded exclusively between Beeometry – SURAKSHA PAX SA (a limited company under Swiss law with IDE : CHE-103.211.893, VAT number CHE-103.211.893, hereinafter referred to as “Beeometry” or “we”) and any natural person acting for their private needs (hereinafter the “Customer”) and making a purchase from Beeometry.
1.2 The Customer declares to have the capacity to contract with Beeometry on the basis of the general terms and conditions of sale present on the Beeometry website (hereinafter referred to as “mead.ch” or “our website”). The present General Terms and Conditions of Sale shall prevail over any other condition stated on our website. The Customer also declares that he/she is of legal drinking age in Switzerland.
1.3 The Parties agree that their relationship shall be governed exclusively by the present General Terms and Conditions of Sale, to which end the Customer accepts them in their entirety without reservation. These conditions may be modified without prior notice, it being understood that the conditions applicable are those in force at the time the order is placed. The date on which these General Terms and Conditions of Sale are updated is the effective date, cancelling and replacing any previous versions.
Article 2 PROHIBITION ON THE SALE OF ALCOHOLIC DRINKS TO MINORS
2.1 Federal law prohibits the sale of spirits, aperitifs and alcopops to persons under the age of 18, as well as the sale of wines, ciders and beers to persons under the age of 16. By accepting our general terms and conditions of sale when placing an order, the customer certifies that he or she is at least 16 years of age.
Article 3 PRODUCTS
3.1 The images and/or photographs illustrating the products offered on mead.ch are not contractually binding. In the event of errors, Beeometry cannot be held liable. In particular, depending on the color settings used, the product colors may differ from the actual products. Technical information and links are provided for information purposes only. The technical specifications and/or contents of the products delivered may also differ from the data supplied by the manufacturers or displayed on the Internet.
3.2 Items are sold with no warranty other than that of the manufacturer.
Article 4 PRIZES
4.1 The prices indicated on the hydromel.ch website are the prices fixed for sale to consumers.
4.2 The prices of the items invoiced to the Customer are those in force on the date of the order. They will also appear on the order confirmation sent by e-mail to the Customer. The prices indicated on the order confirmation are binding, even in the event of variations between the date of the order and the date of delivery of the goods.
4.3 In the event of a price error on a product, Beeometry reserves the right to modify this price, offering the customer the option of cancelling the order if the new price is not acceptable. Our prices are set in Swiss francs for Switzerland. Prices shown on our website are inclusive of VAT.
Article 5 AVAILABILITY
5.1 The availability of a product on mead.ch is specified in its description (product details). Beeometry endeavours to keep sufficient quantities of the products offered on its website in stock. However, the availability of these products is not guaranteed. Beeometry declines all responsibility in the event of stock shortages.
5.2 If Beeometry is unable to deliver a product ordered from the meadmell.ch website, a message will be sent by e-mail or telephone to the purchaser. In this case, any sum debited in Beeometry’s favour in respect of these products will be credited as soon as possible.
5.3 Beeometry reserves the right to limit the quantities ordered through its website.
Article 6 PAYMENT TERMS AND SECURITY
6.1 The Customer expressly declares that he has all the necessary authorizations to use the method of payment he has chosen when validating his order. The Customer also undertakes to ensure that he is solvent before placing any order, failing which Beeometry will be unable to deliver the products ordered.
6.2 Payment must be made in Swiss francs (CHF). The price is paid by secure payment as follows: payment by credit card (VISA or MASTERCARD) or by Twint. The Customer pays the price in full when placing the Order.
6.3 Payment data is exchanged in encrypted form using the protocol defined by the approved payment service provider (STRIPE) involved in banking transactions carried out on hydromel.ch. STRIPE is a payment solutions service provider which handles the technical part of the transaction process. STRIPE’s servers are themselves directly connected to the servers of banking and financial institutions. The customer’s banking and/or payment details are therefore not in Beeometry’s possession at any time; their storage and the maintenance of their integrity are therefore the responsibility of the banking and financial service providers.
6.4 The payment made by the Customer will only be considered definitive after Beeometry has received the sums due.
6.5 Beeometry will not be obliged to deliver the Product ordered by the Customer if the Customer has not paid the price in full in accordance with the above conditions.
6.6 The risk of malfunction of the payment system is borne by the Customer, to the full discharge of Beeometry.
Article 7 ORDER PROCESS
7.1 A firm order is placed when the Customer presses the button for the chosen payment method on the payment method selection page. By placing an order, the Customer makes an offer to Beeometry to purchase the products he has selected.
7.2 Orders are accepted as soon as they are received and checked for validity. Beeometry confirms the acceptance of the order as well as its progress to the Customer, at the e-mail address provided by the Customer when registering on the site. This confirmation is effective when the Customer receives an e-mail from Beeometry indicating that the order has been received and confirmed. This e-mail thus forms a sales contract between the Customer and Beeometry.
7.3 Beeometry reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order.
7.4 In the event of an error in the recipient’s details, Beeometry cannot be held responsible for the impossibility of delivering the product(s) ordered.
7.5 Beeometry cannot be held responsible in the event of a computer problem (including one that cannot be attributed to Beeometry) that alters the order without Beeometry’s knowledge. Beeometry reserves the right to cancel an order if the amount is not in accordance with the prices normally fixed for the products and/or delivery costs.
Article 8 CANCELLATION
8.1 Due to the nature of the products sold, Beeometry does not grant a withdrawal period. All purchases made on hydromel.ch are final.
Article 9 DELIVERY AND PACKAGING
9.1 For each order, packaging and shipping costs are charged as a flat rate, regardless of the number of items purchased per order (shipping, packaging and packing costs are always clearly stated when the order is placed). To enable customers to benefit from the fast and efficient management of the mail-order services offered through our website, our items are generally sent by post within 2 to 5 working days to the address you have indicated.
9.2 Delivery in Switzerland
9.2.1 All packages are sent by Swiss Post. Beeometry’s terms of delivery in Switzerland are as follows:
>>PostPac Priority against signature for CHF 10.90 incl. VAT. Your parcel will be sent by Priority Post against signature. Delivery generally takes 2-3 working days once the order has been sent. With “PostPac Priority against signature” shipment, losses due to theft, damage during transport, etc. will be assumed by Swiss Post.
>>PostPac Priority without signature at CHF 9.90 incl. VAT. Your parcel will be sent by priority mail without a signature. Delivery generally takes 2-3 working days once the order has been sent. With the “PostPac Priority without signature” shipment, losses in the event of theft, damage during transport, etc. will be assumed by the customer.
9.2.2 On the day your order is dispatched, an automatic e-mail will be sent to you.
9.2.3 There are no deliveries on weekends, national and regional holidays. Beeometry declines all responsibility for the delivery of products. In the event of delivery problems with Swiss Post (loss of a parcel, theft, damaged or destroyed goods, etc.) Beeometry declines all responsibility.
9.2.4 The Customer is responsible for providing all data required for delivery accurately. If the recipient’s details are inaccurate, Beeometry cannot be held responsible for the impossibility of delivery and the failure to meet delivery deadlines.
9.3 Delivery outside Switzerland
9.3.1 Beeometry does not deliver outside Switzerland.
9.4 Unclaimed parcels
9.4.1 If a parcel is not claimed by the Customer, shipping costs will be charged by the carrier for sending the parcel to the Customer and for returning the parcel to Beeometry’s warehouse. Beeometry will therefore be obliged to re-invoice these costs to the Customer.
9.5 Inspection on delivery
9.5.1 Upon receipt of the goods, the customer must check that the products, condition and quantity correspond to the order. Defects discovered during the regular inspection of the goods and deliveries of goods or quantities other than those ordered must be reported by e-mail to info@hydromel.ch within 2 DAYS of receipt of delivery. If the customer fails to lodge a complaint within this period, the goods will be deemed to have been accepted. Complaints do not release the customer from the obligation to pay.
9.6 Damage on delivery
9.6.1 Should the goods arrive at the Customer’s address in poor condition, the transport damage (i.e. apparent damage, e.g. a damaged parcel) must be reported IMMEDIATELY to the carrier at the time of delivery, failing which the Customer will assume responsibility for any damage to the goods. All the customer has to do is send a request for return with an official report from the carrier (e.g. the Post Office) by e-mail to info@hydromel.chdans WITH A MAXIMUM DELAY OF 5 DAYS, wait for approval and then return the damaged goods. Products damaged during delivery will in all cases be replaced by a new and identical product, unless the product in question is no longer available, in which case a credit note or replacement item will be offered to the Customer.
Article 10 RETURNS
10.1 For all returns related to a delivery error or a defective product, a request for return is MANDATORY under the conditions stipulated above. All return requests must be made by e-mail to info@hydromel.ch.
10.2 If the customer orders in error, the goods will not be returned or refunded.
Article 11 WARRANTY FOR DEFECTS
11.1 The merchandise ordered on the Site is guaranteed by its manufacturer, in accordance with the specific clauses and conditions set out in the original documentation delivered with the merchandise or available from the manufacturer. It is the Customer’s responsibility to obtain details of the warranty directly from the manufacturer. For the avoidance of doubt, only the manufacturer is liable for the warranty, to the exclusion of Beeometry. Under no circumstances does Beeometry guarantee the manufacturer’s warranty.
11.2 In the case of a multiple-product purchase, the fact that a product may be defective, replaced or cannot be shipped does not invalidate the entire purchase contract. Beeometry manages the order of each product independently.
Article 12 DATA PROTECTION
12.1 Our Privacy Policy is available HERE.
Article 13 FORCE MAJEURE
13.1 Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the parties’ obligations and shall result in their suspension. The party invoking the aforementioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
13.2 Force majeure is defined as any irresistible event or circumstance beyond the control of the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable efforts. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those generally accepted by the jurisprudence of French courts and tribunals: disruption of means of transport or supply, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
13.3 The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue.
Article 14 OUR LIABILITY
14.1 These general terms and conditions of sale determine all our obligations and responsibilities.
14.2 We are not bound by any other warranties, conditions or other provisions except those expressly stated in this Agreement.
14.3 Any warranty, obligation or other provision regarding the products or services which may be implied or incorporated into this contract by statute, case law or otherwise (including but not limited to any implied conditions as to quality, fitness for any purpose and any duty of care) are hereby expressly excluded. In particular, Beeometry is not responsible for guaranteeing that the products are suitable for the Customer’s intended use.
14.4 Beeometry shall not be liable under this agreement for any loss of revenue, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind whatsoever arising out of or caused by tort (including negligence), breach of contract or otherwise. Our total liability for any tort, whether in contract or otherwise (including negligence) or for any other cause shall in no event exceed the amount you owe us for the products or services in question.
14.5 Beeometry shall not be liable for any loss or damage suffered by you as a result of our delay in performing any of our obligations or our failure to perform any or all of our obligations under the contract, where such delay or failure is due to a circumstance beyond our control. In the event of delay, we will perform our obligations as soon as possible.
14.6 Beeometry cannot be held responsible for damages of any kind, whether material, immaterial or physical, which may result from the malfunction or misuse of the products sold. The same applies to any product modifications resulting from manufacturers. Beeometry’s liability shall in any event be limited to the amount of the order and shall not be held liable for simple errors or omissions which may have occurred despite all the precautions taken in the presentation of the products.
Article 15 INTELLECTUAL PROPERTY
15.1 The use of hydromel.ch is reserved for strictly personal use. In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, hydromel.ch and all elements, trademarks, designs, models, logos, graphics, etc. found on our website as well as their compilation are the exclusive property of Beeometry or its suppliers, the latter not granting any license or any right other than that of consulting the Site.
15.2 Beeometry reminds you that any reproduction, use or modification, whether partial or total, of any element of the site is strictly forbidden, except with the prior, special and express authorization of Beeometry.
15.3 Consequently, Beeometry may take legal action, in particular for infringement, against all those who, directly or indirectly, infringe its rights.
Article 16 OWNERSHIP AND LEGAL FORM
16.1 The goods remain the property of Beeometry until they have been paid for in full. The present general terms and conditions of sale as well as the contracts concluded in application thereof are governed by Swiss law. The place of jurisdiction for all disputes shall be Geneva, Switzerland. Registered office: Beeometry – SURAKSHA PAX SA, Chemin de la Grand-Cour 27, 1256 Troinex, Geneva, Switzerland (e-mail: info@hydromel.ch)
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