Update to our General Terms and Conditions of Sale

Chexbres, the 20.03.2015, Version 1.2: update to points 4, 6 and 8 of the conditions as they apply to EU countries.

Chexbres, the 08.10.2014, Version 1.1: added Google Analytics Remarking to Point 11

Chexbres, the 27.08.2014, Version 1.0: first version of our T&C

 

Point 1 - Scope of application of and modifications to the general terms and conditions of sale

The present general terms and conditions of sale (hereinafter referred to as the " General terms and conditions") are applicable to relations between Loved Products SA (hereinafter referred to as "Loved Products") and all persons placing an order on one of Loved Products' websites (hereinafter referred to as the "Customer" or the "Customers").

Loved Products reserves the right to adapt or modify the General terms and conditions at any time, with any such changes immediately applicable to all new orders.

At each order, the Customer must confirm that they have read and accepted the General terms and conditions. Thus said terms and conditions apply to each order placed by the Customer (hereinafter referred to as the "Order"). Any special conditions mentioned on the website(s) operated by Loved Products with respect to the products displayed form an integral part of the General terms and conditions. Where the special conditions and the General terms and conditions diverge, the special conditions prevail.

Point 2 - Products mentioned on the websites and in Customer orders

The products visible on the websites and the stock level for the product displayed in real time on the website appear for indicative purposes only and do not constitute any offer on the part of Loved Products. In particular, the photos appearing on the website may differ from the actual products.

All the information provided on Loved Products' websites (product descriptions, photos and illustrations, films, dimensions, weights, technical specifications, accessories and other data) are provided for indicative purposes only and are under no circumstances constitute a formal guarantee of these characteristics. Furthermore, Loved Products is not responsible in any way for the content of external web pages and those of partners linked via the Internet.

On the basis of this non-contractual information, the Customer may place an order for one or more of the products displayed, achieving this exclusively by means of the procedure provided on the website and in accordance with the ordering methodology set out on the website. 

Each order, once it has been completed using the ordering process provided on the website, constitutes an offer by the Customer to purchase the product displayed on the website in accordance with the conditions set out on the website.

For each order, the Customer must specify an electronic messaging address to which all communications from Loved Products relating to the Order will be sent. It is the Customer's responsibility to ensure this address remains valid and to read the emails sent by Loved Products. All communications sent by Loved Products to the email address specified by the Customer will be considered to have been received by the Customer the day after they are sent. The Customer accepts the risks associated with sending and delivery.

The Customer may communicate a change of delivery address to Loved Products in the 24 hours following placement of the Order. The new delivery address will only be taken into account in cases where the Order has not yet been sent to the Customer. Failing this, it is the Customer's responsibility to take appropriate steps to receive the Order at the delivery address specified when the Order was placed.

Point 3 - Order validation - confirmed and non-cancellable Orders

To place an order, the Customer must be an adult (over 18 years of age) and not under legal guardianship. The Customer guarantees that the information provided is true and accurate and is, as a consequence, answerable to Loved Products for any losses due to inaccurate information. 

The Order placed by the Customer in compliance with article 2 above constitutes a confirmed and definitive offer to purchase the specified product as available on the website. Once definitively confirmed by the Customer, the Order cannot be cancelled until the Customer has received Loved Products' decision to accept or to refuse the Order.

Loved Products has the right to accept or refuse, without explanation, any order placed by the Customer. Loved Products will communicate its order acceptance decision in an email sent to the address specified by the Customer when placing their Order (order confirmation).

Point 4 - Prices

Loved Products reserves the right to alter its prices at any time but promises to apply the prices displayed at time the Order is placed. 

The prices indicated are displayed in Swiss francs and include all taxes#1 (SWICO or SENS recycling, and VAT). The Customer will also have to pay delivery charges, which will be specified on the order form.

The prices indicated are only valid for Switzerland#1.

#1: for EU countries, the prices shown are exclusive of VAT; the courier will invoice the customer separately for the VAT rate applicable in the customer's country, as well as customs charges and any customs processing fees that may be due.

Point 5 - Payment in advance and payment security

The offer made by the Customer to order a product from Loved Products implies payment of the total order amount, including additional charges, by credit or debit card (Visa, MasterCard and Postcard debit direct only).

Advance payment is made by bank transfer or via the secure banking servers of Loved Products' partners, as offered on the website. This means that no banking or postal service related information concerning the Customer is transmitted via Loved Products' websites. Payment by credit or debit card is therefore completely secure.

The Order will be recorded and validated once the payment has been accepted by the payment system chosen by the Customer. The Customer's Order will automatically be validated and their card debited the moment the Order is placed.

Where bank transfers are concerned, the Customer's Order will be validated and delivered once the transfer has been received in Loved Products' bank account.

It is imperative that the Customer complete the registration form provided on the website to be able to confirm orders. The Customer's credit or Postcard details are encrypted using the SSL (Secure Socket Layer) protocol and are never transferred unencrypted over the network. Advance payments are immediately processed through Swiss Post Bank. The card number is not transmitted to Loved Products.

The Customer accepts the risk of the system of payment malfunctioning.

Point 6 - Delivery methods and delivery time

Products are delivered to the delivery address specified by the Customer on the Order. The Customer accepts the risks associated with the sending of goods (risk of loss, damage, wrong delivery address, etc.) from the moment the goods are transferred to the carrier. In case of error in the wording of the recipient's address details, Loved Products cannot be held responsible should it prove impossible to make the delivery. 

The Customer bears the costs involved in returning an unclaimed parcel and in any eventual redispatch. Before any redispatch, Loved Products may ask the Customer to pay the related charges in advance.

In the case of an unclaimed parcel, Loved Products cannot be held responsible, including in cases where Swiss Post is not in possession of an attempted delivery notice. The Customer must pay for the cost of the return shipping and accepts the transportation risks involved.

Where a package is returned to Loved Products' premises because it has proved impossible to deliver it (postal deadlines, errors with the recipient's address, etc.), the Customer is automatically informed via an email sent to the email address specified on the Order. Loved Products reserves the right to cancel the Order if no communication is received from the Customer within the 3 months following the sending of the email. In such cases, Loved Products will be freed from its obligation to deliver the goods and the advance payment made by the Customer to Loved Products when placing the Order will be retained by Loved Products as standard compensation for damages incurred, and the Order will be considered settled in full.

The costs of preparation and shipping are always clearly indicated when the Order is placed. Delivery is provided by the services of Swiss Post.

All available items are normally dispatched within three to ten working days#2 (weekends and national holidays excepted). These are average delivery times only and represent the time required for processing, preparing and dispatching each order (from the warehouse).

Where Loved Products is not able to deliver the goods ordered within 30 days (date the goods leave the warehouse), the Customer may cancel the Order by sending an email or letter, including the order reference information, to Loved Products' customer services. The cancellation will only be acted upon if it reaches Loved Products at least 24 hours before the goods ordered are transferred back to the carrier designated by Loved Products. Failing this, it will no longer be possible to cancel the Order. 

Where a cancellation is valid, the advance payment made by the Customer for the Order will be reimbursed to them in full. The Customer can under no circumstances claim supplementary damages from Loved Products; their entitlement is exclusively limited to reimbursement of the full amount that was paid in advance.

Loved Products also has the right to cancel an order even when it has been accepted, with no obligation to provide an explanation to the Customer. In such cases, the Customer is only entitled to reimbursement of the amount paid in advance, exclusive of all damages.

When the Customer receives the Order, they must immediately inspect the delivered goods and identify any defects (defective packaging, delivered product not matching the product ordered, any missing products, etc.).

#2: 6 to 20 working days for EU countries

Point 7 - Responsibilities

Loved Products is only answerable for damage that the Customer can prove has been caused due to a serious error committed by the company or an authorised third party. All responsibility for minor errors or simple oversight is excluded.

In cases where Loved Products is deemed responsible, that responsibility is limited to the price of the delivered product or the service provided. Loved Products, its subsidiaries, and third parties it authorises are excluded from any additional responsibility for damages of any kind. In particular, the Customer has no entitlement to compensation for damage not affecting the product itself.

The choosing and purchase of a product are the sole responsibility of the Customer. The complete or partial impossibility of using the products, especially where equipment incompatibility is the cause, can not give rise to any payment of damages or reimbursement, nor invoke the responsibility of Loved Products.

In all cases, all claims for damages incurred will be limited to a total amount corresponding to the price paid by the Customer when placing their Order.

Point 8 - Returns procedure – Warranty – limitation of warranty

Loved Products does not provide any warranties#3 for the products sold. The Customer may exercise their rights with the manufacturer directly if said manufacturer provides such a warranty.

The Customer may return the acquired goods within 7 days#4 (from the date of receipt – namely Swiss Post's dispatch date + one day – of their parcel), in perfect condition and in its original packaging, on the condition that a return number is first requested using their client account https://lovedproducts.ch/my-account

The products must be returned as received, in their original packaging, and accompanied by a return label to the following address: Loved Products SA, Rue du Bourg 3, CH-1071 Chexbres, Switzerland.

The returned goods will not be accepted if they are not in their original packaging or if the goods have been sent without first making a return request that has then been duly validated by Loved Products' customer services.

The Customer has seven days#4 in which to return a defective product to Loved Products. Once this time limit has passed, any return will be refused. The Customer accepts both the risks and the responsibility for the costs involved in returning of the product.

Where returns are carried out in compliance with the above paragraphs, the price that was paid will be reimbursed in accordance with the following conditions: 

- where the return is due to an error made by Loved Products, the amount debited will be credited to the Customer's card.

- in all other cases, the Customer will be offered a voucher. Vouchers are valid for use on the website for one year. Only the amount that was paid is reimbursed and discount codes cannot be reimbursed or reactivated.

#3: As an exception for Member States of the European Union, Loved Products offers a two-year guarantee in accordance with applicable EU legislation.
#4: 14 days for EU countries

Point 9 - Manufacturer's warranty

If a product is covered by a manufacturer's warranty, this will be indicated in the product details on the website. Manufacturer's warranties normally cover components for one year. It is up to the Customer to find out about the manufacturer's warranty validity period.

Where a fault covered by the warranty occurs during the manufacturer's warranty validity period, repairs will be carried out through the national or international network of service centres or technical agents authorised by the manufacturer, on behalf of Loved Products, in accordance with the conditions stipulated by each manufacturer, and with Loved Products excluded from all responsibility.

In order to benefit from the warranty, it is essential to retain the purchase invoice for the product. 

Point 10 - The Customer's Obligations

The Customer agrees to use the purchased product in accordance with the manufacturer's instructions and to ensure that any necessary maintenance recommended by the manufacturer is carried out to ensure its correct function.

The Customer must retain the invoice, the original packaging and all manuals and accessories for the purchased product. These may be requested should repairs need to be carried out under the manufacturer's warranty.

Point 11 - Data protection

By registering on Loved Products' website, the Customer expressly consents to receive marketing related information, or other kinds of information, from Loved Products. The Customer may unregister at any time, easily and free of charge, by following the relevant instructions or by contacting Loved Products' customer services.

Loved Products only passes personal data to third parties when the data is essential for correct processing of the Order.

Loved Products reserves the right to analyse any data collected and to use information relating to purchasing behaviour anonymously for commercial purposes.

Loved Products use the Google Analytics Advertising Remarketing Features. Loved Products and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together. You can opt out of the Google Analytics Advertising Features you use, including through Ads Settings, Ad Settings for mobile apps or any other available means (for example, the NAI's consumer opt out) or through Google Analytics opt-outs  for the web.

Loved Products has the right to delete a Customer from its electronic files at any time – cancel their registration in other words – with immediate effect, with no obligation to justify its decision, without warning the Customer, and without the registered Customer being able to make any claims against the company. This applies particularly to registered Customers who contravene the present General terms and conditions.

Registered Customers who have been excluded are not authorised to register again as Customers on Loved Products' websites, whether under their own name or another, without the prior agreement of Loved Products.

Point 12 - The company's contact details

Loved Products SA
Rue du Bourg 3
CH - 1071 Chexbres
Switzerland

info@loved products.ch

The Customer may contact customer services in two ways:

- By email to the address customer-service@lovedproducts.ch

- By post (please do not return any parcel without first submitting a request or without prior agreement):

Loved Products SA
Service Clients
Rue du Bourg 3
CH - 1071 Chexbres
Switzerland

Please note: In order to optimise the processing of Customer requests, please mention "Service Clients" followed by the purpose of your email.

Article 13 - Applicable law and place of jurisdiction

The present contract, together with the sales arranged by Loved Products, are governed by Swiss law. In the event of a dispute, the place of jurisdiction will exclusively be Chexbres, with avenues of appeal reserved.

 

Article 14 - Original text

Loved Products' general terms and conditions have been produced in all the languages available on Loved Products' website. In the event of a contradiction, the French version takes precedence.