Website Sale Terms and Conditions
Table of contents
- 1 Preamble
- 2 Glossary
- 3 Scope
- 4 Description of the Products
- 5 Accuracy of the information provided
- 6 Price
- 7 Order and Order validation
- 8 Payment and invoicing
- 9 Delivery
- 10 Right of withdrawal
- 11 Guarantee
- 12 Complaints
- 13 Limitation of liability
- 14 Intellectual property
- 15 Data protection and freedom of information
- 16 Cookies and IP address of the internet users
- 17 Suspension and maintenance of the website
- 18 Independency of the provisions of the contract
- 19 Governing law and jurisdiction
- 20 Modification of the General Sale Terms and Conditions
- 21 Date of the latest update
These Terms and Conditions are exclusively entered into between :
- PRO CONFORT company, a public limited liability company with a capital of 100,000 Swiss francs, registered under Swiss law in the Geneva Commerce Registry, which head office is located C/o Fiduciaire De Preux, 5A Rampe du Pont Rouge, 1213 Petit-Lancy, hereinafter referred to as “PRO CONFORT” ;
- and any person visiting and/or making a purchase on the website www.proconfort.com, hereinafter referred to as “the Client” ;
collectively referred to as “the Parties”.
The website www.proconfort.com (hereinafter referred to as the “Website”) is edited by PRO CONFORT with the aim to offer for sale equipment and accessories related to equestrian sport, in particular in relation to horses and riders’ comfort (hereafter referred to as :“the Products”).
The Products for sale on the Website have been designed by specialists of the equine anatomy and are described on the Website with mention of their essential features.
The Products are produced and distributed in compliance with the current Swiss legislation; whereby some of the Products are protected by patent law.
The following words, which first letter is in capital, will be defined herein as follows:
Acceptance: validation of the Order by the Client;
Client: internet user making a firm Order, for his/her own account or on behalf of a legal person, of Products on the Website www.proconfort.com
Product: product offered for sale on the Website www.proconfort.com
Order: refers to the order of purchase of selected Products, following Acceptance by the Client.
By making a purchase on the Website (may it be ordering Products, paying for Products, receiving Products delivery or otherwise using the Site), the Client accept without reserve the General Sale Terms and Conditions (the “Conditions”), which applies exclusively to the current and future trade relations between PRO CONFORT and its Clients.
These Conditions can be modified. Consequently, it is agreed that the applicable Conditions are those currently on the Website at the time of Order by the Client. The Client declares that he/she is legally capable to contract according to Swiss law and, if necessary, to validly represent the person on which behalf he/she contracts for, in particular the Client acknowledges being over 18.
4 Description of the Products
PRO CONFORT offers online purchase of Products described under the tab: “Our Products” on the Website.
The Products’ pictures on the Website are merely illustrative.
5 Accuracy of the Client’s information
The Client agrees to provide real, accurate and updated information by filling up the registration form on the Website and to keep this information updated during his/her contract with PRO CONFORT.
Otherwise PRO CONFORT declines any liability in case of total or partial lack of delivery of the Products.
The prices of the Products are indicated in Euros plus VAT.
PRO CONFORT may modify prices of Products from time to time, according to the process described under “Modification of the General Sale Terms and Conditions”. In any event, the Products will be invoiced on the basis of the price indicated at the time of Acceptance by the Client.
Price is mentioned on the Website for each Product, as well as the delivery fees related to Products’ shipment to the address chosen by the Client. The total price of selected Products, including delivery fees, is aggregated at the time of Order Acceptance by the Client.
7 Order and Order validation
After the Client has acquainted himself/herself with the Products offered for sale, prices and Sale Terms and Conditions, the Client may select the Product(s) he/she wishes to order and its/their delivery mode.
Before clicking on the Order confirmation button, the Client is offered the possibility to:
- Check the detail of his/her Order and its total price;
- Go back to the previous pages to correct eventual mistakes or to be able to modify his/her Order;
- Reread, print or save the General Sale Terms and Conditions; and
- Proceed to the Acceptance of his/her order by clicking on the Order confirmation button.
By confirming his/her Order, the Client acknowledges having acquainted himself/herself with the special conditions of sale contained in the Website pages which describe the Products (name, price, brand, weight, quantity, colour, size, technical and use specificities, guarantees, etc.) and expressly declares to accept them unreservedly. Likewise, the confirmation of Order entails the Acceptance of the General Sale Terms and Conditions forming the contract between the Parties, subject to particular conditions that PRO CONFORT and the Client may have concluded in writing previously.
The Client acknowledges that the “double-click” associated with the checkbox regarding the acquaintance of the General Terms and Conditions means consent to contract and constitutes an irrevocable and unreserved Acceptance of the General Sale Terms and Conditions.
Following the Acceptance, the Client shall receive an email of confirmation of its Order at the electronic address he/she provided. This email shall be deemed as invoice.
Unless proven otherwise, the data provided by the Client and recorded by PRO CONFORT are deemed as the proof of the contract and of the modalities that governs their relations.
In case a Product appears to be unavailable after Order, PRO CONFORT may cancel the said Order, provided that the Client is promptly informed. All the sums paid by the Client will be then entirely reimbursed.
In case of an exceptional Order in terms of quantities, PRO CONFORT may suspend the said Order to get in touch with the Client and confirm scope of the said Order.
Should a Client be subject to a pending litigation because of non-payment of a previous Order, PRO CONFORT is entitled to refuse any further Order.
8 Payment and invoicing
Clients are offered the following payment means:
- Credit Card (Visa or Mastercard)
Any Order shall be considered as accepted by PRO CONFORT only upon validation of payment by its payment service provider, System Pay.
The online payment service on the Website is secured but does not include any additional insurance policy, especially in case of theft of credit card.
It lies within the Client’s responsibility to check the payment form before Acceptance.
PRO CONFORT cannot be liable for any late payment due to the payment process.
Any sum paid shall not be considered as deposits or advance payments.
9 Delivery Conditions
Subject to availability and specific provision, ordered Products shall be delivered to the address provided by the Client on the order form within seven days following payment and confirmation of the Order.
The Client may also be informed by email of a specific date of shipment and/or delivery. Exceptionally, PRO CONFORTshall be able to deliver on a definite date.
In case of simultaneous Order of several Products, the delivery date shall be based on the latest date indicated, so that all Products of a same Order shall be delivered at once.
The original delivery dates can be exceptionally postponed in the event of a stock disruption. In this case, the Client shall be informed by email.
According to applicable legal provisions, should a delivery delay exceeds 30 days following the initial delivery date, the Client is entitled to cancel his/her Order.
In such case, the Client shall previously direct PRO CONFORT to deliver in an additional seven days (7) deadline. Should PRO CONFORT fail to deliver within the aforementioned deadline, the Client shall then request cancellation of its Order. Cancellation must be proceeded in writing by registered letter with notice of receipt to the following address:
Service client, Pro Confort Sa, C/o Fiduciaire De Preux, 5A Rampe du Pont Rouge, 1213 Petit-Lancy.
Should the delivery date be expressly requested by the Client and in case of delay, the Client shall immediately be able to request cancellation of its Order without further delivery extension.
The total failure to deliver automatically terminates the contract.
10 Right of withdrawal
The Client is given a fourteen calendar days period of time for withdrawal of its Order, without having to justify any motivation and without having any penalties to pay.
Should the fourteen days period expires on a Saturday, a Sunday, a public holiday or a non-working day, the said period of time is then extended to the first following business day.
The above mentioned period of withdrawal begins upon reception of the ordered Product(s).
Should several items be delivered separately, the period of withdrawal begins upon reception of the last Product received.
10.2. Modalities of exercising the right of withdrawal
The Client will inform PRO CONFORT of his/her decision to withdraw within the fourteen days legal period of time, either using the standard form for withdrawal provided at the end of the present Terms and Conditions orby any declaration free of ambiguity, both to be sent at the following address:
Service Clients Pro Confort Sa, C/o Fiduciaire De Preux, 5A Rampe du Pont Rouge, 1213 Petit-Lancy
PRO CONFORT will then acknowledge receipt of the withdrawal per email without delay.
According to the law, there is no right of withdrawal in case of a specific Order of a Client giving its own specifications for personalisation of a Product.
10.4. Returning Products policy
Should the Client decide to make use of its withdrawal right, Products shall be returned to the following address:
BMV Groupe, Agence logistique de Veyrins-Thuellin, ZA du Perrier, Rue des escargots, 38630 Veyrins Thuellin
Products must be returned complete in original package unless damaged and in a state that allows a new commercialization.
The return fees shall be paid by the Client. For any Product of less than 1 kilo, return fees are estimated at € 9,50. For any Product of more than 1 kilo, return fees are estimated at € 50,00.
PRO CONFORT shall not be liable for such estimate.
11.1. Legal guarantee of conformity
PRO CONFORT must deliver goods which are in conformity with the contract and shall be liable for any lack of conformity which exists at the time the goods were delivered.
In any of the following cases, the Client shall benefit from the legal guarantee of conformity:
- Product delivered does not comply with the sales description;
- Product delivered is not fitted for the purpose for which the good was normally intended;
- Product delivered does not correspond to the quality and performance that can reasonably be expected.
The Client does not have to prove the fault of the ordered Product within eighteen months following delivery, provided that the ordered Product is not second-hand.
However, the legal guarantee of conformity shall be dismissed in the following cases:
- The lack of conformity results from an inappropriate use by the Client, PRO CONFORT having to prove such inappropriate use;
- The Client is aware of the lack of conformity at the time of Order.
In the case of non-conformity of the goods with the contract, the Client is entitled to have the goods repaired or replaced free of charge within a reasonable time and minimum inconvenience. He/she may instead ask for an appropriate price reduction if repair or replacement is not done on time or without significant inconvenience to the Client.
The Client must accept replacement by a similar Product, provided it is immediately offered by PRO CONFORT.
Such claim shall be made within two years upon delivery of the Product.
11.2. Legal warranty of the latent defects
PRO CONFORT must guarantee the Client against any latent defects of the ordered Product, as long as these defects make the Product unfit for its normal use by the Client, or that impair its use so that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
The Client is entitled to solicit the rescission of the sale concluded with PRO CONFORT or the reduction of the price. Such claim shall be made within two years upon discovery of the defect.
The transfer of ownership occurs at the reception of the delivered Product. It lies within the Client’s responsibility to check the package at its reception, to make any justified reserves or claims to the delivery man and to highlight them on the delivery note.
If the delivered Products are not in conformity in nature, quantity, or quality to the specifications indicated on the delivery note, the reserves or claims must be sent to PRO CONFORT by email or to the following address: Service Clients Pro Confort Sa, C/o Fiduciaire De Preux, 5A Rampe du Pont Rouge, 1213 Petit-Lancy, within 48 hours following the reception of the Product(s).
After this deadline, no claim shall be taken into account. Moreover, the Client must imperatively return the said package.
The return of the Products can only be accepted if they are complete and in their original state (original packaging, notice, accessories…).
13 Limitation of Liability
PRO CONFORT cannot be liable for any faulty execution of the contract due either to a mistake in the address or an incomplete address given by the Client, or failure to retrieve the package from the delivery service providers within the time limit. In these cases, the package return shall be exclusively paid by the Client.
Moreover, PRO CONFORT cannot be liable for any faulty execution or for breach of contract due either to the Client’s behavior or to an unsurmountable act of a third party, or to force majeure.
PRO CONFORT cannot be held liable if the Product is not in conformity with the legislation of the country it has been sent to.
14 Intellectual property
The contents, catalogs, texts, illustrations, photographs, pictures and any other visual or sound features, including the underlying technology used, its structure, database and software of the Website www.proconfort.com are the exclusive property of PRO CONFORT and are protected, worldwide, by intellectual property rights, and in particular copyright and database right.
The reproduction, representation and/or exploitation in any other manner in whole or in part of the Website, its contents, catalogs, texts, illustrations, photographs and pictures and any other visual or sound features, including the underlying technology used, without the prior authorization of PRO CONFORT is prohibited.
Only the private use is authorized.
Moreover, the Products can be protected under patent law in regard to the registered patents.
15 Data protection and freedom of information
15.1. Declaration FDPIC
The PRO CONFORT file containing the Clients personal data has been declared to the Federal Data Protection and Information Commissioner (hereinafter “FDPIC”) under the n°XX
15.2. Optional nature of data provision
The Clients are free to provide their personal information. The personal information provision is not necessary to navigate on the Website, but it is required to make an Order.
15.3. Compliance with the purpose of the personal data collection
In compliance with the federal law, the collected personal data are electronically processed and are exclusively reserved for PRO CONFORT. The collected data are necessary for the good management of the Website, and for the compliance of PRO CONFORT with its contractual obligations. These data are retained by PRO CONFORT for this unique purpose. PRO CONFORT cannot use them for any other purpose, or transfer them to third persons without the express consent of the Client or in the cases provided by law. The personal data collected are not transferred abroad.
15.4. Right of access, right to object and right to correct
In accordance with the federal law, the contact details of all the Clients who ordered on the Website are registered for one year, which is the reasonable time period necessary for the good management of the Website and for the normal use of the data. The data retention is secured, with the current technical capabilities, in compliance with the legal provisions.
In compliance with the legal provisions, the Clients have a right of access, a right to object and question and a right to correct the data they provided. To this purpose, they have to submit their request to PRO CONFORT using the following electronic address: firstname.lastname@example.org, or by post mail to PRO CONFORT’s head office address: Pro Confort Sa, C/o Fiduciaire De Preux, 5A Rampe du Pont Rouge, 1213 Petit-Lancy.
16 Cookies and IP address of the internet users
16.1.1. Reason for the implantation of cookies
In order for all internet users to benefit from an optimal navigation on this Website and a better operation of the interfaces and applications, PRO CONFORT can implant cookies on the computer of the internet user.
16.1.2. Purpose of cookies
Cookies enable to stock information related to the navigation on the Website (date, page, time), and to potential data entered by the internet users during their visit (searches, login, email, password). These cookies are conserved on the computer of the internet user for a variable period of time to one year, and can be read and used by PRO CONFORT when the internet user later visits the Website.
16.1.3. Internet user’s right to object to the implantation of cookies
The internet user can block, modify the retention period or erase these cookies via his/her browser interface (usually: tools or options / privacy or confidentiality). In this case, the navigation on the Website will not be optimized. If the systematical desactivation of the cookies on the internet user’s browser prevents him/her to use certain services, this malfunction cannot be considered as a prejudice to the internet user which gives right to indemnity.
16.1.4. Erasure of implanted cookies
The internet users can also erase the cookies implanted on their computer, by going into their browser menu (usually, tools or options / privacy or confidentiality). By doing so, the users loose the benefit brought by the cookies.
16.2. IP addresses
16.2.1. Definition and collection of IP addresses
The IP address is a succession of figures separated by dots which enable the unique identification of a computer on the internet network. PRO CONFORT has the right to collect the public IP address of all the internet users. The collection of these IP address shall be carried out anonymously. The internet users’ IP address shall be conserved for a period of one year following the navigation on the Website by an internet user.
16.2.3. Disclosure of IP addresses
PRO CONFORT shall disclose all personal data related to an internet user to the Police or to a third party following a judicial request. The IP address can be aligned with the effective identity of the internet user if this information is disclosed to the internet service provider.
17 Suspension and maintenance of the Website
PRO CONFORT reserves the right, at any time and in its sole discretion, to suspend or stop in whole or in part the access to its Website, especially for maintenance interventions, operational requirements, internal choices or emergency cases
PRO CONFORT also reserves the right, at any time and in its sole discretion, to delete or to modify any content, especially for technical, commercial or practical reasons. PRO CONFORT cannot be liable for such interventions, which cannot give right to any indemnities or damages to the benefit of an internet user or a Client.
18 Independency of the provisions of the contract
If a provision of this Contract is found inapplicable or null and void, the other provisions shall continue to apply and the Parties shall eventually revise the void provision in order to preserve the original contractual balance.
19 Governing law and jurisdiction
The Sale Terms and Conditions of the Website www.proconfort.com are governed, interpreted and applied according to Swiss law. The language of these Terms and Conditions is French and in case of a multilingual translation, the French version takes precedence over the others.
Except for public policy provisions, any dispute that may arise regarding the execution of these General Conditions shall be, before any judicial action, submitted to the appreciation of PRO CONFORT to be amicably settled.
If the amicable settlement fails, the Swiss courts shall have exclusive jurisdiction to rule over all the disputes that may arise between the Parties regarding the execution of these Conditions.
20 Modification of the Sale Terms and Conditions
PRO CONFORT reserves the right, at any time, to modify or complete the present Sale Terms and Conditions.
These modifications shall come into effect at the time of their upload on the Website www.proconfort.com. The sale conditions and the price of the Product are, in any event, those indicated at the time of the Acceptance.
21 Date of the last update
The last update of the Sale Conditions has been done on 10 October, 2016.
Schedule 1 – WITHDRAWAL FORM
Please complete and send the present form only if you wish to withdraw from you Order made on www.proconfort.com, except for exclusions or limits to the exercise of the withdrawal right following article 10 of the present Sale Terms and Conditions.
By mail : email@example.com
I hereby inform you that I am withdrawing from the contract regarding the sale of the following good(s):
Name(s) and reference(s) of the item(s):
Name of the Client who made the Order:
Address of the Client:
Signature of the Client (only in the case of notification of the present form made on paper):