General Conditions
Access to this website implies automatic and unrestricted acceptance of the conditions of use below, which the user acknowledges having read and agreed to comply with.
This site is published by Léman Living, a brand of Bashir Textiles, hereinafter referred to as THE SELLER, Chemin Saladin 12, Chêne-Bougeries 1224, Geneva, Switzerland, registered in the commercial register.
The present general conditions of sale define the rights and obligations of the parties within the framework of the sales carried out via the site www.lemanliving.ch and regulate all the stages necessary for the placing and the follow-up of the order.
They are concluded between, on the one hand, the company Léman Living and, on the other hand, people wishing to place an order for product (s) via the site www.lemanliving.ch.
Exposed
THE SELLER is in the business of selling home textiles, specifically bed linen.
These conditions only apply to Users who are non-commercial natural persons, aged at least 18 years and having the legal capacity to contract.
The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any condition previously available on the site.
We reserve the right to adapt or modify the General Conditions of Sale at any time. In the event of modification, the General Conditions of Sale applicable to the order will be those in force on the day of final payment of the order.
Conventions
Article 1. Definitions
1.1. - User or Customer means any User who browses, takes note, reserves, orders and / or buys a product or a service offered on the site.
1.2. - Product means any product offered on the site. The most accurate information possible, particularly on quality, is available online. While every effort is made to ensure that the color and description of the products whose photos are displayed on the site are faithful to the original products, variations may occur in particular due to technical limitations of color rendering on computer equipment. Consequently, the site www.lemanliving.ch cannot be held responsible for any inaccuracies in the photographs or graphic representations of the products appearing on the site, the photographs not falling within the scope of the contract.
1.3. - Service means any service offered on the site.
1.4. - Site refers to the infrastructure developed by THE SELLER according to the computer formats that can be used on the Internet including data of different kinds, and in particular texts, still or moving images, videos, databases, intended to be consulted by the User to know its products and services. The site can be accessed at the main email address www.lemanliving.ch.
1.5. - Internet refers to different networks of servers located in various places around the world, linked together using communication networks, and communicating using a specific protocol known as TCP / IP.
Article 2. Acceptance
The Customer declares to have read and accepted without any reservation the General Conditions of Sale, applicable to the sales contract.
Article 3. Order
The User has the option of placing his order online from the online products on the website.
Any order implies acceptance of the prices and description of the products available for sale.
Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
THE SELLER undertakes to honor orders received via the site only within the limits of available stocks of the products.
In the absence of availability of the product, THE SELLER undertakes to inform the User thereof and to offer him either to provide him with replacement items having similar or superior characteristics and qualities at an equal or greater price, or to reimburse him if his bank account has been debited.
Article 4. Validity of order
The online supply of the bank card number and/or the final validation of the order will constitute proof of the entirety of the said order and will be valid for the sums incurred by the order.
This validation is worth signature and express acceptance of all operations carried out on the site.
However, in the event of fraudulent use of his bank card, the Customer is invited, as soon as this use is noted, to contact the SELLER's customer service.
The computerized registers, kept in the SELLER's computer systems, will be considered as proof of communications, orders and payments between the parties.
It is expressly agreed that, unless there is a manifest error on the part of the SELLER, the data stored in the SELLER's information system has probative force with regard to the orders placed by the User. Data on computer or electronic media constitute valid proof and as such, are admissible under the same conditions and with the same probative force as any document which would be drawn up, received or kept in writing.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the Civil Code.
Article 5. Delivery
The User has the choice of having it delivered, either at home or at another address.
The SELLER undertakes to make deliveries of the items ordered as soon as possible. The average times observed for the items available are 3 working days for delivery in Switzerland.
Article 6. Terms of payment
The prices are indicated in CHF, all taxes included. They take into account the Swiss VAT applicable on the day of the order. These prices are exclusive of shipping costs, depending on the amount in force.
Any change in the applicable VAT rate may be reflected in the prices of the products. Prices cannot be changed once the Customer's order has been placed.
Likewise, if one or more taxes or contributions, in particular environmental taxes, were to be created or modified, up or down, this change could be reflected in the selling price of the items on the SELLER's site and the sales documents. The prices of the items ordered on the site and the date of the order in question are binding.
The User pays for his online purchases when ordering by one of the payment options available on the website (credit card, bank transfer)
Article 7. Returns & Exchanges
All items are subject to exchange or refund except those noted otherwise. Returned items must be NEW and unused, properly folded and stored in their original undamaged packaging; accompanied by all their accessories, any instructions for use and the label pinned to the product. Items returned used, incomplete, damaged, damaged or soiled by Customers are not accepted. The request for an exchange by the Customer must be made within 30 days of the date of receipt of the goods. If the new order is for a higher amount, the User must attach payment of the remainder to the exchange request. Reimbursement can also be requested within 30 days. In all cases, for exchange or refund, the return is made at the Customer's expense. In the event of abnormal or abusive returns, the SELLER reserves the right to refuse a subsequent order.
Article 8. Guarantees
All items are subject to a contractual guarantee, which does not preclude the legal guarantee. For defective items delivered, the User benefits from a guarantee enabling him to send back the product.
Article 9. Payment security / Confidentiality
The SELLER implements all means to ensure the confidentiality and security of data transmitted over the web.
Article 10. Personal data
The information and data concerning the User, requested on the site www.lemanliving.ch, are necessary for the recording and the follow-up of the order, for the commercial management and marketing of the file and for the quality of the relations between THE SELLER and the user.
THE SELLER reserves the right to collect data on the User, in particular through the use of cookies.
Article 11. Liability
THE SELLER has for all the stages of order taking as well as for the stages subsequent to the conclusion of the contract (transport of the products, for example) an obligation of means.
THE SELLER undertakes to describe with the greatest accuracy the products sold on its site.
The presentation photographs illustrating the products offered on the online store www.lemanliving.ch tend to describe and present the items with the greatest accuracy.
However, THE SELLER may have to modify an article, in particular to improve its quality or its presentation. Consequently, these photographs cannot be considered as falling within the contractual field and the variations in the representation of the articles cannot engage the responsibility of the SELLER nor affect the validity of the sale subject to the legal guarantees provided for in article 9 of the present.
Article 12. Force majeure
The responsibility of one or the other of the parties cannot be sought if the execution of the contract is delayed or prevented due to a case of force majeure or a fortuitous event, due to the other party or third party or external causes such as labor disputes, intervention by civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electricity network.
Article 13. Intellectual Property
All elements of the SELLER's site, whether graphic, textual or sound, including the underlying technology, are protected by the Intellectual Property Code.
They are the full and entire property of Léman Living.
Any reproduction or representation, in whole or in part, of the intellectual property rights of Léman Living must be subject to the prior written authorization of the latter.
Article 14. Duration
These conditions apply throughout the duration of the online services and products offered by THE SELLER.
Article 15. General Provisions
15.1. - Entire contract
The parties recognize that this contract constitutes the entire agreement between them and supersedes any previous offer, provision or agreement, written or oral.
15.2. - Nullity
If any of the stipulations of this contract prove to be null with regard to a rule of law in force or a judicial decision that has become final, it would then be deemed unwritten, without however resulting in the nullity of the contract or altering the validity of its other provisions.
15.3. - Waiver
The fact that one or the other of the parties does not claim the application of any clause of the contract or acquiesces in its non-performance, whether permanently or temporarily, cannot be interpreted as a waiver by this party to the rights which derive for it from the said clause.
15.4. - Domiciliation
The parties elect domicile at the addresses indicated on the order form for the User and at the address appearing on the site for THE SELLER.
15.5. - Applicable law and disputes
These conditions are subject to Swiss law.
The competent court in the event of a dispute will be that of the place of domicile of the defendant or, at the choice of the defendant, of the place of actual delivery of the product.