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| Conditions of Use |
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WE CAN ALSO READ THE CGU TERMS AT THE FOLLOWING PAGE go to general conditions of use
Article 1: Completeness
The present general conditions express the completeness of the obligations of the parts(parties). This way, the consumer is considered for accepting without reserve the completeness of capacities foreseen in these general conditions.
No general or specific condition appearing in documents sent or put back by the consumer can become integrated into the present, since these documents would be incompatible with these general conditions.
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Article 2: Object
The present general conditions have for object to define the rights and the obligations of the parts(parties) within the framework of the on-line sale of the goods and the services proposed by the company Smart and Fetish Company.com
• Article 3: Contractual Documents
The present contract is (formed) by the following, presented contractual documents in order hierarchical lessening: the present general conditions; the order form. In case of contradiction between capacitiescontained in the documents of different rank, the capacities of the document of superior rank will prevail.
• Article 4: Come into effect
Lasted The present general conditions come into effect in the date of signature of the order form. The present general conditions are concluded for duration necessary for the supply of the goods and the signed services, until the extinction of guarantees dûes by the company Smart and Fetish company.com
• Article 5: Electronic Signature
The " double click " of the consumer in conformance with the order form constitutes an electronic signature which has, between the parts, the same value as a handwritten signature.
• Article 6: Confirmation of order
The contractual information will be the object of a confirmation sees of e-mail at the latest at the time of the delivery or in defect, in the address indicated by the consumer within the order form.
• Article 7: proof of the transaction
(deal) registers computerized, kept in the computer systems of the company Smart *Fetish company.com. In reasonable conditions of security, will be considered as the proofs of the communications orders and payments intervened between the parts. The filing of order forms and invoices is made on a reliable and long-lasting support which can be produced as proof.
• Article 8: Information on products
• 8-a: the company Smart Fetish company.com presents on its Web site products to be sold with the necessary characteristics which allow to respect the Article L 111-1 of the Code of the consumption, which the possibility for the potential consumer foresees(plans) to know before the taking of definitive order the essential characteristics of the products which he wishes to buy.
• 8-b: the offers presented by the company Smart *Fetish company.com. Are valid only within the limits of available stocks.
• Article 9: Prices
prices, The prices are indicated in euro and are valid only in the date of the sending of the order form by the consumer. They do not take into account expenses of delivery, charged in supplement, and indicated before the validation of the command(order).
The prices take into account of the applicable VAT in the day of the command(order) and any change of the applicable rate the VAT will automatically be echoed on the price of The online shop. The payment of the totality of the price must be realized during the command(order). At no time, the paid(poured) sums cannot be considered commes of the deposit or deposits(advances).
• Article 10: Method of payment
to settle(adjust) his command(order), the consumer has, in his choice, all the payment conditions aimed within the order form. The consumer guarantees the company Smart and Fetish company.com. That he arranges authorizations possibly necessary to use the method of payment chosen by him, during the validation of the order form. The company Smart and Fetish company.com reserves the right to suspend any management of order and any delivery in case of refusal of authorization of payment by bank card on behalf of the officially accredited bodies or in case of not payment. The company Smart and Fetish company.com.
A delivery reserves in particular the right to refuse to make or to honor a command(order) emanating from a consumer who would not have settled(adjusted) totally or partially a previous order or with whom,which, a dispute of payment would be in the course of administration.
The company Smart *Fetish company.com. Set up a procedure of check of the orders intended to assure that no person uses the banking address and phone number of another person without him/her knowing. Within the framework of this check, it will be asked to the customer to send by fax to the company Smart and Fetish company.com.
A copy of an ID card as well as a documentary evidence of place of residence. The order will be validated only after reception and check by our services of the sent pieces.
Article 11: Availability of products
The order will be executed at the latest within 3 days as from day according to that when the consumer placed his order. In case of unavailability of the ordered product, in particular because of our suppliers, the consumer will be informed about it as soon as possible and will have the possibility of cancelling his order.
The consumer will have then the choice to ask either for the refund of the sums paid in 30 days at the latest by their payment, or the exchange of the product.
Article 12: Shipping/modalities of delivery
products are delivered to the address indicated by the consumer on the order form and only in Europe . The consumer must check to verify the state of the packaging of the goods in the delivery and to indicate the damages due to the carrier on the delivery order, as well as to the company Smart and Fetish company.com within one week.
The consumer can, in his demand, obtain the sending of an invoice in the billing address and not in the delivery address by validating the option foreseen(planned) for that purpose on the order form. As regards the shipping, we work essentially with following package . As soon as we proceed to a sending, you receive at once an e-mail by informing you.
THE POST OFFICE to reduce at most the transport costs, all the products of weak or average dimensions are sent by a service of the post office following packages i.
Besides the fact of being economic, this service delivers in 3-4 days in all europe and offers you the possibility of getting back products ordered your post office close to the delivery address in case of absence of the place of initial delivery during the presentationof the mailman Concretely, if you are absent the day of the delivery, your mailman will leave with you a calling card in your mailbox, which will allow you to remove your parcel in your Post office during the opening hours, within 15 days.
Colis Suivi is a very reliable service. However, it is possible, as in any shipping, that he can have a delay in delivery there or that the product gets lost. In case of delay in delivery with regard to the date when we indicated to you in the e-mail of shipping,
we ask you to indicate us this delay by calling us by telephone or by sending us an e-mail. We shall contact then the Post office to make start a survey(investigation). An investigation Posts can last until 21 days as from the date of the beginning of the investigation . If during this period(delay), the product is found, will be rerouted at once in your place of residence (the majority of the cases). If on the other hand the product is not found at the conclusion of the period(delay) of 21 days of survey the Post office considers the parcel as lost. It is only at this moment when we can send back to you a product of replacement, at our expenses. If one or several commanded(ordered) products were not any more at this moment, we would pay off to you the amount of products concerned by the loss of the carrier. If one or several products were still available, but had changed selling price on the site, we would apply the new selling prices, either by paying off you by check of the difference, or by asking for an additional check concerning this price difference. We decline any responsibility as for the elongation of delivery deadlines because of the carrier, in particular in case of loss of products or strike.
Article 13: Problems of delivery
because of the carrier Any abnormality concerning the delivery (average, product missing with regard to the delivery order, the damaged parcel, produced broken) must be necessarily indicated on the delivery order in the form of " handwritten reserves ", accompanied with the signature of the customer. The consumer will have to confirm at the same time this abnormality by sending to the carrier in the next two ( 2 ) working days the delivery date a mail recommended with acknowledgement of receipt exposing(explaining) the aforementioned complaints. The consumer will have to pass on copy of this mail by fax or by simple mail in:
Smart and Fetish company
Customer service
Smart and Fetish company.com
Post office box 2
1142 Pampigny Vaud Suisse.
Customer services 9-12h LU-VE 004176 200 13 65
Article 14: Errors of delivery has
14 a)The consumer will have to formulate with the company.
The first working day according to Smart *Fetish company.com that very day of the delivery or at the latest
Any complaint of error of delivery and or non-compliance of products in kind or in quality with regard to the indications appearing on the order form. Any complaint formulated beyond this period(delay) will be rejected.
14 b)the formulation of this complaint with the company Smart *Fetish company.com can be made first and foremost by telephone in 0041 762001365 from Tuesday till friday from 9 Am till 12 Am .to contact us by e-mail to webmaster@smartandfetishcompany.com well precise the reference of the order
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14 c) any complaint not made in rules defined above and within the time limits allowed cannot be taken into account and will loosen the company(society) Smart *Fetish company.com. Of any responsibility face to face of the consumer.
14-d: has reception of the complaint, the company Smart *Fetish company.com. Will attribute a number of exchange of one or several product (s) concerned (s) and will communicate it by e-mail, by fax or by telephone to the consumer.
The exchange of a product can take place only after the allocation(attribution) to the consumer of a number of exchange according to the step(initiative) presented above.
14e): in case of error of delivery or exchange, every product to be exchanged or to be paid off must have returned to the company Smart *Fetish company.com in general and in his(her,its) original packing, in Colis Recommandé, at the above address on article 13
To be accepted, any return must be beforehand indicated to the Customer service of the company(society) Smart and Fetish company.com
The expenses of sending are chargeable to the company Smart and Fetish safe company.com in case it would turn out that the taken back product does not correspond to the statement(declaration) of origin made by the consumer in the check of return.
Article 15: Guarantee
According to the Article 4 of the decree n°78-464 of March 24th, 1978, the measures of the present cannot deprive the consumer of the legal guarantee which obliges the professional salesman to guarantee him(it) against all the consequences of the latent defects of the sold thing
The consumer is expressly informed that the company Smart *Fetish company.com Relative to the responsibility because of the defective products does not produce products presented within the framework of the Web site, in the sense(direction) of the law n°98-389 of May 19th, 1998 and.
As a consequence, in case of damages caused for one person or in the good by a defect of the product, only the responsibility of the producer of this one can be looked for by the consumer, on the basis of the information appearing on the packaging of the aforementioned product. The conditions and the duration of guarantee is of 90 days as regards manufacturing defect the guarantee do not spread(widen) to the abnormal manners and the other deteriorations due to the misuse of this product.
Article 16: right of retraction
The consumer has a period of 10 working days to return, at his expenses, products not being convenient for him(her). This period(delay) runs as from the day of the delivery of the command(order) of the consumer. If this period(delay) expires one Saturday, one Sunday or a holiday or day off, he(it) is extended until the next first working day. Any return must be beforehand indicated with the Customer service of the companySmart *Fetish company.com first and foremost by telephone in 0041 76 2001365from Tuesday till Saturday from 9 am till 12 am, -
This right
of retraction practices(is applied) without penalty, with the exception of the expenses of return. In the hypothesis of the exercise of the right of retraction, the consumer has the choice to ask either for the refund(repayment) of the paid sums, or for the exchange of the product. In the case of an exchange, the re-expedition(re-shipping) will be made at the expense of the consumer.
In case of excercice of the right of retraction, the companySmart and Fetish company.com. Will make all the efforts to pay off the consumer within 15 days. However, considering the technical character of the sold products, this period(delay) can be spread(widened) in 30 days,
The consumer will then be paid off by refill of her bank account ( secure transaction) in case of payment by bank card, or by By check in the other cases.
Article 17: Rights of use
The right of use of the software of the company Smart and Fetish company.com. As well as those distributed by her, is granted(tuned) to the consumer with not exclusive, personal and not contagious title, according to the Code of the Intellectual property. However, in conformance with the Article L122-6-1 of this Code, the consumer has a reproduction right exclusively for the establishment of a copy of protection(saving), when this one is necessary to protect the use of the software. In any case, the author of the software keeps property right on his work, which the consumer makes a commitment to respect
. Article 18: force majeure
None of both parts(parties) will have failed in his contractual obligations as far as their execution will be delayed, hindered or prevented by a coincidence or a force majeure. Force majeure any irresistible facts or circumstances, outer(foreign) the parts, unpredictable, inevitable, independent from the will of the parts will be considered as coincidence or and which cannot be prevented by these last ones, in spite of all the efforts reasonably possible. The part(party) got(touched) by such circumstances will inform the other one about it in ten working days according to the date in which it will have had knowledge of it. Both parts(parties) will get closer then, within one month, except impossibility due to the case of absolute necessity, to examine the incidence of the event and agree of conditions in which the execution of the contract will be pursued.
The present general conditions can be cancelled by the injured party. In a express way, are considered as cases of absolute necessity or coincidences, besides those usually held(retained) by the case law of the courses and the Swiss courts: the blocking of the means of transportation or supplies, earthquakes, fires, storms, floods, lightning; the stop(ruling) of the telecommunication networks or the difficulties appropriate for the external telecommunication networks to the customers.
Article 19: partial not validation
If one or several conditions of the present general conditions are considered as valid or declared some in application of a law, a regulationor following a definitive decision of a competent jurisdiction, the other conditions will keep all their strength and their reach.
Article 20: Not renunciation
not renunciation makes Himfor one of the parts(parties) not take advantage of a neglect by the other part(party) in the one some of the obligations aimed in the present general conditions would not know how to be interpreted for the future as a renunciation of the obligation in cause.
Article 21: title In case of difficulty of interpretation
(performance) enters the one some of the titles(securities) appearing at the head of clauses, and the one some of the clauses, the titles(securities) will be declared non-existent.
Article 22: applicable Law
The present general conditions are subjected to the Swiss law. He(it) is there so for the rules of collection(capital,fund) as for the rules of shape. In case of dispute or of complaint, the consumer will address first and foremost the company(society) Smart *Fetish company.com to obtain an amicable solution. Secondly and in case of appeal, the consumer can put deposit a complaint with, via his dedicated dialog box.
Article 23: computing and Liberties
The information which are asked to the consumer are necessary for the treatment of its command(order) and can be communicated to the contractual partners of the companySmart and fetish company Occurring within the framework of the execution of this command(order). The consumer can write to the companySmart and fetish Company Which address and phone number(coordinates) are within the charter of confidentiality appearing within the framework of the Web site, to oppose to such a communication, or to exercise his(her,its) rights of access, rectification towards the information concerning him(it) and appearing in the files of the company Smart and Fetish company.com in the statutory conditions of January 6th, 1978 to the consumer.
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