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Terms and Conditions of Sale

Version 1.0 of 2014/10/15

1. Introductory dispositions
2. Terms of orders and purchasing process
3. Prices of the goods, taxes and delivery charges
4. Payment information
5. Delivery and availability
6. Right of withdrawal and customer service
7. Product warranty purchased on this website
8. Special provisions regarding the nature of some goods
9. User account
10. Legal disclaimer
11. Visitor contribution and product assessment
12. Newsletter of the editor and partners
13. Notices relating to the federal law on data protection
14. Legal notice relating to the collection of cookies
15. Intellectual property relating to the items of the website
16. Terms and conditions and governing laws

1. Introductory dispositions

a) Legal notice

This site is published by E-FACTORY SARL, Route de la Vallée 9B, 1180 Rolle, SWITZERLAND registered under number CHE-492.178.582, with capital of 20 000 CHF.

The publication director of the website is R. Finiel.

The managing editor is R. Finiel.

French data protection authority (CNIL) registration number: 1701001 v 0

This website is hosted by PHPNET, having its registered office at 116 route de Meylan BIVIERS (France) 38330, to be reached at: (+33) 04 82 53 02 10.

This website was created by using PrestaShop™ Open-Source solution.

b) Subject

This website is free of access and of charge for all users. It is a website selling products.

c) Acceptance of the terms and conditions of sale

Acceptance of an agreement governed by these terms and conditions with the editor of this website presumes acceptance by the user of the said terms and conditions of sale. The user acknowledges that he has read and has fully understood these terms and conditions set forth. This acceptance shall be done when the user ticks the box corresponding to the following sentence: "I accept the terms and conditions set forth herein".

Thus, by ticking the box, it will be deemed to have the same value as a handwritten signature by the user. The user shall recognize the evidential value of automatic recordings of the editor of this website and unless the contrary is proved by him, he waves all his rights in case of dispute.

The acceptance of these terms and conditions presumes that the users enjoy the legal capacity to proceed accordingly, or if they have authorization from a guardian or trustee if incapable, or from their legal representatives if they are minors, or a warrant if acting on behalf of a legal entity.

2. Terms of orders and purchasing process

The offer on this web site is intended for customers who have an address in one of the following countries:

Switzerland, Liechtenstein, Algeria, Albania, Bosnia and Herzegovina, Georgia, Moldova, Morocco, Russia, Tunisia, Turkey, Ukraine, Serbia, Croatia, Argentina, Australia, Bolivia, Chile, China, Colombia, Costa Rica, Ecuador, Hong Kong Indonesia, India, Japan, Cambodia, Laos, Mexico, New Zealand, Peru, Paraguay, Uruguay, Venezuela, Singapore, Thailand, Taiwan, Vietnam, Philippines, Malaysia, United Araba States, Canada, Egypt, Jordan, Lebanon, Libya, Madagascar, Qatar, Saudi Arabia, Israel, Senegal, United States, Ghana, South Africa, South Korea, Guadeloupe, Martinique, Reunion.

Goods are subject to stock availability, indicated on the website, in the descriptive sheet of each item.

If, despite the vigilance of the publisher, some articles prove to be unavailable, the customer will be informed by email as soon as possible. The customer would be asked to wait for the products to become available or may always cancel the order and receive a refund.

To place an order, the user can select one or more goods and add them to his cart. When the order is finished, he shall access to his cart by clicking the button provided for this purpose. By consulting his cart, the user shall have the opportunity to check the number and type of products he has selected and will check the unit price as well as the overall price of the order. He shall be able to remove one or more goods from his cart.

If the order suits him and that he is willing to confirm it, the user can click on the submit button, he then will have access to a form where he can either enter his login if he has already one, or register online by filling in any personal information in the online form.

Once he is connected or after he has perfectly fill in the form, the user will be prompted to check or change his shipping and billing information, to read and accept the current terms, to confirm his order and to make his payment being redirected for this purpose on the secure payment interface.

The website editor undertakes to acknowledge electronic receipt to the user no later than 72 hours once payment is actually received.

Similarly, within the same frame, the editor undertakes to send to the user an electronic summary of the order, to confirm him the process and to give him the relevant informations about the order.

3. Prices of the goods, taxes and delivery charges

The prices displayed on the site are indicated:
- In euros with all French taxes included (French VAT and other applicable taxes), excluding postage for orders delivered in France and in the customs territory of the European Union.
- Or in Swiss francs with all Swiss taxes included (Swiss VAT and other applicable taxes), excluding postage for orders shipped to Switzerland and Lichtenstein.
- Or in dollars for orders shipped outside the customs territory of the European Union or Switzerland, excluding postage.

These prices can be changed anytime by the editor, the prices indicated on the website are valid on the order date and have not effect on the future.

Despite all the efforts of the editor, it may be that an item appearing on the site may have a pricing error. The publisher will check the prices when sending your item. If the correct price is lower than the price on the site, the editor will apply the lowest price and deliver the item to the customer If the correct price is higher than the price on the site, the publisher will inform the client and proceed to cancel the order unless the customer chooses to accept the order at the new price.

Shipping fees shall, in any event, be indicated to the customer before any payment.

In case of delivery outside the European Union and the DOM-TOM, the user is informed that customs duties and other taxes may be due. The necessary formalities and the payment of such duties and taxes are not the responsibility of the publisher and will in all cases be borne by the user. It is incumbent on the user to check all these data and import product options from the relevant authorities of the country of delivery, before making any order on the site.

In case of delivery outside the European Union and French Overseas Departments and Territories (Dom-Tom), the user is informed that custom duties and other taxes are due. Required formalities and payment of such duties and taxes are not of the responsibility of the editor and in any event, shall be borne by the user. It is therefore incumbent upon the latter to verify all these information as well as the possibility of importing the good from the relevant authorities of the country of delivery, before any order on the website.

Sold goods remain the editor’s property until full payment of the purchase price pursuant to this retention of title clause. The risk is still being transferred to the customer after the delivery of the goods.

4. Payment information

The user shall place an order on this website and make the payment by credit card, transfer, paypal.

The credit card payments are made via secure transactions provided by the bank: PAYPAL.

As part of credit card payments, the editor of this website has access to none of the data relating to the payment of the customer.

The publisher also accepts payments by bank transfer with the option of OUR costs (all costs borne by the payer). In this case, shipping will take place after receipt of payment. This payment necessarily lengthens the delivery time. If the transfer is not received one week after ordering, the publisher is entitled to cancel the order from the customer.

Delivery times as defined in the article below shall start to run from the effective date of reception of the payment by the seller, which can be proved by any means. If the editor does not receive the customer’s payment within eight days from the order, the order will be cancelled and the products put back on sale on the website.

Failure to make a payment by its due date to the editor shall be subject to the payment of penalties equivalent to three times the rate of legal interest plus 40 euros for the recovery costs. These penalties will be effective on the day after the due date of unpaid amounts, without prior notice.

5. Delivery and availability

a) Delivery time

Orders are delivered via La poste, Exapaq, or any carrier appointed by the editor within 30 working days after the full payment is received for deliveries in Switzerland and within the European Customs territory. Outside these two areas, the delivery time may vary by country and region of destination.

Some goods or order volumes may however justify a higher delivery time, this shall be expressly stated to the attention of the user during the confirmation of the order.

Some items are not in stock. They will be ordered and produced after receiving payment from the user. The delivery time for these specific products is 15 to 35 working days for so-called standard products and 45 to 50 working days for custom-made products.

b) Delivery error and visible defect

The customer undertakes to verify that the compliance of the good with the order upon delivery. Any delivery error compared to the order or a visible defect shall be subject to a claim within three clear days following the delivery. After this delay, the good will be deemed received in conformity by the user, who shall no longer rely on a delivery error or a visible defect.

c) Damage and partial loss

In case of the delivery of a clearly and visibly deteriorated package, it is the user’s responsibility to refuse the package to benefit from the guarantee offered by the carrier. The user must also inform immediately the editor so that a new package shall be prepared and delivered upon receipt of the damaged package in return. In such cases, the delivery time as stated above in these terms and conditions no longer apply.

Similarly, the user shall refuse any package containing incomplete or damaged items. The reception of carried items shall extinguish any action against the carrier for damage or partial loss if within three days, excluding public holidays, following the reception, the recipient has not notified the carrier, by registered letter, a motivated claim. Failing to perform this, the user shall not receive compensation.

d) Voluminous products

Unless otherwise indicated on the website, product delivery shall be done at the address given by the user, on the ground floor only, using a vehicle up to the size of a semi-trailer truck. When confirming the order, the user undertakes to ensure accessibility of the delivery vehicle as defined above and to be on the premises on the day and time set for delivery.

To this end, the user also undertakes to provide a valid phone number and agrees that this number shall be given to the carrier to arrange a date and time of delivery.

The user is fully aware that delivery shall be made by the provision of ordered goods and that the installation of the goods shall be at its own expenses and under its responsibility.

6. Right of withdrawal and customer service

a) Customer service

The customer care service of this website service is available Monday to Friday from 9 a.m. to 5 p.m. via the contact page or by mail to the following address: E-FACTORY SARL, Route de la Vallée 9B, 1180 Rolle, Switzerland. The publisher undertakes to provide a response within two business days.

b) Right of withdrawal and return of the goods

The consumers have a right to cancel the order and ask the refund within 14 days as from the date of reception of the parcel. To exercise this right, they only have to notify the editors by using the form at the end of general conditions or by sending him a clear statement.

If the customer cancels is order, the editor will reimburse the customer the sums paid, including the expenses of delivery (except the additional costs arising from the fact that the customer had chosen a delivery mode other than the less expensive mode of standard delivery proposed by the editor) as soon as possible and not later than 14 days as from the reception of the product or the evidence of the expedition of the product, whichever event is the earliest.

The return must be made (at the expense of the customer) not later than 14 days as from the notification of the order cancellation. Any return will have to be complete (original packing, notes, accessories, copy of the invoice) and the returned products will have to be in perfect condition of resale. The customer will only be held responsible of the depreciation of the goods resulting from manipulations other than those required to establish the nature, the characteristics and the proper functioning of the good.

Consumers shall not in any circumstances be entitled to exercise any right of withdrawal for orders of all goods which are personalized or made according the consumer specifications.

7. Product warranty purchased on this website

In case of the defectiveness of a good purchased on this website, the user has, a period of two years after the defect is discovered to request a repair or a refund of the good, and, he will have a period of two years from the reception of the good to request an exchange or a refund in the event that the delivered good does not comply within the meaning given to that word by the aforementioned Article. To exercise any of these rights, the customer has to contact the customer service of the editor.

Some items purchased on this website are entitled, in addition to the warranty against hidden defects defined by the French Civil Code and the guarantee of full compliance, which are, if any, still applicable and which are defined above, to a conventional warranty offered by the seller or the manufacturer, whose term will likely vary depending on the good, and will be as well detailed in the descriptive sheet and the instructions for product use.

Damage resulting from improper use or misuse is not covered. Any work on a sail or accessory under warranty must be done with the express written consent of the publisher, otherwise the warranty is void. If the customer wants to enjoy the warranty, he/she should always contact the publisher first, then follow the instructions. The publisher will pay the shipping or transport if intervention under warranty has been accepted and the client followed the instructions there.
The publisher disclaims any liability in the event that the item delivered does not comply with the legislation of the country of delivery if this is outside the European Union and Switzerland.

8. Dispositions spécifiques à la nature de certains produits

Mandatory displays required by laws and regulations in force will be done on this website, including in the descriptive sheet of each item.

9. User account

a) Creation

Creating a user account is a prerequisite to any order from a user. To this end, the user will be asked to provide some personal information. The user undertakes to provide accurate information under penalty of termination of the agreement by the editor and of deletion of the user account.

Some information will be deemed essential to the execution of the agreement and their collection will be essential to the account creation and the conclusion of the agreement. The refusal by a user to provide such information will effectively prevent from the creation of a user account and, incidentally, the confirmation of the order.

b) Service

This account allows the user to consult all its orders on the website, and also enables him, if necessary, to track the delivery of the goods purchased on the website.

The editor of this website shall not be liable if the data contained in the user account were to disappear as a result of unforeseeable circumstances, a technical failure or in case of force majeure, this information having no probative value but only an informative character. The editor undertakes however to keep securely all contractual elements whose conservation is required by law or regulations.

The editor reserves the exclusive right to cancel the account of any user who may have breached these terms and conditions (including, but that example being non-exhaustive, when the user has knowingly provided false information at the time of the account registration and creation) or when the account has been dormant for at least one year. Such withdrawal shall not likely constitute damage for the banned user who shall not claim any compensation as a result.

This exclusion shall not exclude the possibility, for the editor, to take legal action against the user, when justified.

c) Password

When creating the user account, a password shall be chosen. This password is the security of the confidential information in the account and it is prohibited to transfer or communicate it to a third party. Failing this, the website shall not be held liable for unauthorized access to the user account.

10. Legal disclaimer

a) Access to the website and force majeure

If unable to access the website, because of technical problems or any kind, the user shall not be entitled to injury and to claim any compensation.

The unavailability, even prolonged period without any limitation, of one or more goods, shall not be constitutive of harm to the user and shall not possibly claim compensation from the website or its editor.

In no event shall the publisher incur liability towards professionals for loss of profits, loss of business, loss of data or loss of income or any other indirect damage which was not foreseeable at the time of use of the Site or of the conclusion of the sales contract between the publisher and the client in Europe or Switzerland.

The editor will in any circumstances be held liable for breach of contract which may result from a case of force majeure within the meaning given to it by French courts.

b) Visual representation of the goods

Visual representations of the goods published on this website are guaranteed by the editor as perfectly reflecting reality, in order to fulfill the obligation of perfect information. However, given the current state of the art, the rendering of these representations especially in terms of color or shape, can vary substantially from one workstation to another or differ from the reality that the quality of graphics and accessories screen or by resolution of the display. These variations and differences may in any circumstances be attributed to the editor who shall in any circumstances be liable therefore.

c) Goods sold on the website

The editor undertakes to comply with all applicable provisions in force in Switzerland and shall not be held liable for non-compliance with regulations and laws in force in other countries.

The editor of this website shall in any circumstances be held liable for misuse of the goods, of improper maintenance of the goods, of accidental damage or excessive use of goods.

The goods offered for sale on the website being sold uninstalled, the user undertakes to perform the installation of the goods.

d) Hyperlinks

The hyperlinks on this website may refer to other websites and the editor of this website shall not be liable if the content of these websites contravene the laws in force. Similarly, the editor of this website shall not be liable if the visit by the user of one of these websites shall harm him.

11. Visitor contribution and product assessment

The user is offered the ability to post comments on goods offered by this website. He shall, if any, assign a rating to the good.

The content of the comments and contributions must strictly be conformed to public order and morality and not to be an unlawful or illegal activity.

The editor of this website reserves the right to remove or modify any message that may violate this article without giving notice or without paying compensation.

12. Newsletter of the editor and partners

By ticking the box provided for that purpose or given his express agreement to that end, the user accepts that the editor sends him at a determined frequency and format a newsletter which may include information about its activity.

When the user ticks the box provided for that purpose, he agrees to receive commercial offers from the editor of this website for products and services similar to those ordered.Subscribed users have the option to unsubscribe from the newsletter by clicking the link provided for that purpose, in each newsletter.

Similarly, the user that has accepted the submission of personal information (including email address) to third party partners of this website by ticking the box provided for that purpose, may receive newsletters issued by these partners, for commercial purposes or otherwise, at a determined frequency and format.

The user has at any time the ability to unsubscribe by clicking the link provided for this purpose, available on each of newsletter issued by the said partners. Otherwise, the user has the option of unsubscribing through direct contact with the sender(s) of those newsletters. The editor of this website shall in no event be held liable for any content, data or forms of newsletters sent by partners, regardless of the harm allegedly suffered by the user. Protests must be made directly from the sender of the newsletter.

13. Provisions regarding the Data Protection

a) General - Purpose - Term

The user shall have the free option of providing personal information concerning him. Providing personal information is not required for browsing the site. However, registering on this website requires the collection by the editor of some personal information about the user. If the user does not wish to provide the information needed to create a user account, he shall not be able to order on this website.

The collected data are necessary for the proper administration of the services offered on this website and for a proper compliance with the editor’s contractual obligations. These data are stored by the editor solely in this purpose, and the editor shall undertake not to use them in another context or transfer them to third party, except express agreement of the users or otherwise specified by law.

Contact information for all users registered on this website is stored maximum period of 12 months from the deletion of the user account, a reasonable delay necessary for the proper administration of the website and of a normal use of these data. These data are kept under secure conditions.

b) Right of access, rectification and opposition

The user has a right to oppose, query, access and rectify the data he has provided. To achieve this, he simply sends a request to the editor of this website, with us contact page, or by mail to the registered address of the editor mentioned at the head of these terms and conditions.

Personal data collected shall be processed by computer and are exclusively reserved to the website editor.

The controller is R. Finiel.

c) IP address

In addition, the editor reserves the right to collect the public IP (Internet Protocol) address of any user. The collection of this IP address will be carried out anonymously; it will be retained during the same period as the personal information and are only for the proper administration of the services proposed on this website. The IP address refers to a series of numbers separated by points enabling the sole identification of any computer on the Internet.

The editor shall provide all the personal data about a user to the police (on summons) or any person (by a judge’s ruling). The IP address of your computer can be compared with the actual identity of the subscriber owned by the ISP (Internet service provider)./p>

14. Legal notice relating to the collection of cookies

a) General – Purpose - Term

To allow the user a better browsing on this website and better service of the different interfaces and applications, the editor shall proceed with the implementation of a cookie on the computer terminal of the user. This cookie is used to store information about the website’s browser (date, page, hours) as well as any data entered by the user during his visit (search, login, email, and password). These cookies are meant to be kept on the workstation of the user for a variable period up to 12 months, and may be read and used by the editor at a subsequent visit of the user on this website.

b) Right to object to the implementation of a cookie

The user has the ability to block, modify the retention period, or delete the cookie through the browser interface (usually: tools or options/privacy or confidentiality). In such case, browsing this website shall not be optimized. If the systematic disabling of the cookies on the browser of the user prevents him/her from using some services or features provided by the editor, this dysfunction shall not, in any circumstances, constitute damages to the user who shall not claim any compensation thereof.

c) Deletion of the cookies

The user shall also have the option to delete cookies previously on the computer by going to the menu of the browser for this purpose (usually: tools or options/privacy or confidentiality). Such act has no impact when browsing this website, but loses all the benefit provided by the cookie to the user. In this case, he shall have to capture again all his personal information.

15. Intellectual property relating to the items of the website

All items of this website belong to the editor or are subject to an authorization of use and are protected by intellectual property laws.

The user therefore shall recognize that, without authorization, any copy of one or more of these items or portion thereof and any publication or use of one or more of these items, whether or not modified, will likely be prosecuted by the editor or any assigns, heirs or successors.

This protection shall include all text and graphic contents of the website, but also structure, computer programs, name and corporate identity.

Similarly, the user acknowledges to be informed that these terms and conditions template was officially registered by a bailiff and that any reproduction, even a portion thereof, of this document may be prosecuted for commercial free-riding.

16. Terms and conditions and governing law

a) Modification of the terms and conditions

These terms and conditions are subject to change at any time by the website editor or representative. The terms and conditions applicable to the user are the ones in force the day of his order. The editor naturally undertakes to keep all his previous terms and conditions and to send them to any user who requests it.

b) Governing law and jurisdiction

These terms and conditions are governed by Swiss law and the Vienna Convention on Contracts for the International Sale of Goods.

The agreement language is French; all foreign-language versions available on the website are just for information. Similarly, this website shall be translated into various languages to facilitate the browsing for non French-speaking users who wish to order on the website.

Concerning all disputes relating to the business relationship between the publisher and the user, the jurisdiction is located in Lausanne, Vaud, Switzerland.

c) Amicable settlement of disputes

Unless law and order provisions, all disputes that may arise in connection with the execution of these terms and conditions shall, before any legal action, be submitted to the website editor’s discretion in view of an amicable settlement. It is expressly stated that any request for settlement shall not suspend any deadline allowed for prosecuting.

d) Invalidity

If any provision of these terms and conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions which shall remain in full force and effect.

e) Non waiver

The failure by the editor to not require temporarily or permanently a waiver of any stipulation of these terms and conditions shall not constitute a waiver of the remaining terms and conditions.

If a consumer wishes to cancel an order, he/she may use the retraction form that is available on the site.