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Torréfaction Au Moka SA, a limited company under Swiss law, with its registered office in Neuchâtel ("We/Us"), on behalf of www.aumoka.ch, the online service of Torréfaction Au Moka SA ("The Site")
Any individual or legal entity visiting or making a purchase on the site for themselves or for a third party ("You"),
1. - Application of the general conditions of sale
1.1 All orders placed with our company on the internet are governed by the present general conditions of sale which will apply to the exclusion of all other conditions. By placing an order, all persons acknowledge that they have read, understood and accepted, unreservedly, the present general conditions of sale.
1.2 We reserve the right to modify our general conditions of sale at any time by publishing a new version on our website.
2. - Conditions for placing an order
2.1 All persons placing a private order on the site confirm that they are over 18 years old and have the capacity to possess rights and be bound by obligations, unless they benefit from parental authorisation allowing them to enter into the contract. If these conditions are not observed, we reserve the right to apply directly to the legal representative to demand payment from him for all orders they have taken out.
2.2 All persons placing a professional order on the site confirm that they are over 18 years old and have the capacity to possess rights and be bound by obligations, unless they have authorisation from their company allowing them to enter into a contract in its name. In the event of these conditions not being observed, we reserve the right to apply directly to the person who has placed these orders to demand payment from them for all orders they have taken out.
3. - Registration
3.1 The information shown on our website does not constitute an offer in the legal sense of the term, so that only the order placed between you and us constitutes such an offer.
3.2 When you register on our site, you must ensure that the information you have given is accurate.
3.3 You must inform us of any change of address and/or other changes by updating your personal information on our site.
3.4 The password chosen when you register with a view to using our site is strictly confidential and must in no case be communicated to third parties. You take full responsibility for all use of your password and for any orders which may be placed by using this password.
4. – Entering into the contract
4.1 By ordering the desired goods and clicking on the "Buy now" button, you undertake to buy the products you have chosen in accordance with the present general conditions of sale.
4.2 The orders that you place on our site only acquire binding force when they have received email confirmation from us. This email constitutes our acceptance of your order and forms the sales contract concluded between You and Us.
4.3 We reserve the right to freely refuse an order, particularly in the case of an unpaid invoice or of insolvency.
4.4 The information that we register and which is indicated and chosen by You is decisive for the scope and execution of the delivery. The contract is only valid on the conditions (price, shipping charges) which are valid in the corresponding offer.
5. – Price and payment
5.1 Prices are indicated in Swiss francs, inclusive of VAT, but without delivery and packing charges.
5.2 Delivery charges are invoiced for the amount indicated on our site on the date when the order was placed and calculated in particular according to the size of the order and the delivery method chosen.
5.3 We reserve the right to change our prices and delivery charges at any time.
5.4 Invoices are sent after the goods have been delivered and are payable within thirty days.
5.5 Payment by credit card is due immediately.
6. – Customs duties
6.1 For deliveries abroad, it is your responsibility to deal with the supplementary taxes and duties to which you may be subject when the goods arrive in the country of destination.
6.2 All additional costs of customs clearance are your responsibility.
7. - Delivery
7.1 All orders confirmed by us will be delivered to you at the delivery address you have given.
7.2 We do our utmost to ensure delivery within three working days following receipt of the order. Delivery time may be prolonged if there are hold-ups for which we cannot be held responsible.
7.3 Any restrictions on delivery time must have been formally agreed in writing.
7.4 Deliveries can only be made to the countries listed on our website.
7.5 Any return of goods due to incorrect or incomplete details of the recipient or the delivery address, or due to a refusal by you to accept the delivery, will be invoiced to you.
8. – Checking and returning the goods
8.1 On receipt of the order, you are responsible for checking that the quantity is correct and that the goods are in good condition.
8.2 Delivery is carried out at your own risk, from the moment when the goods are handed over to the person or the company responsible for shipping.
8.3 If you see that goods are missing or have been damaged, you must tell us and return the article within a time limit of seven calendar days starting from the delivery date, and lodge a complaint with the transporter.
8.4 The goods should be returned to the following address:
Torréfaction Au Moka
Rue de Prébarreau 8
8.5 So that we can investigate your complaint as early as possible, you are requested to return all goods affected by a defect of quality or quality in their original packaging, together with the invoice.
8.6 If it turns out that the goods show a defect of quality or quantity, then we will replace the goods with an identical item, taking responsibility for the transport costs involved in returning them.
8.7 The preceding conditions do not however exclude the fact that in the event of significant defect of the goods, you can exercise your right to terminate the sales contract or to reduce the selling price in accordance with articles 205 and following of the Swiss Code of Obligations, as long as you have satisfied the demands of the law, and in particular that you checked the condition of the goods received as soon as you were able under normal conditions and that you informed us without delay.
9. – Right of withdrawal
9.1 In accordance with Swiss law, you have a time limit of seven calendar days during which to exercise your right of withdrawal. This time period runs from the date of accepting the sales contract, that is to say of receiving our email confirming that we have received your order and that we will proceed to process it. The goods must however be returned to us within fourteen days at the latest following receipt of the order.
9.2 When you exercise your right of withdrawal, we only accept goods returned in their original packaging, in good condition and with no sign of use. The invoice must be attached to the dispatched goods.
9.3 If the return is carried out in the prescribed manner, we will reimburse you with the price of the returned goods together with the costs of delivery. Actual carriage costs remain your responsibility.
10. – Reservation of ownership
10.1 We remain owners of the goods for as long as you have not paid the full purchase price and delivery charges.
10.2 However, the responsibility for risks of loss or destruction of these articles lies with you from the moment of delivery, even if you do not yet own them.
11. – Late payment
11.1 In the event of late payment, we reserve the right to claim interest for delay as well as reimbursement of administrative and legal costs.
11.2 We reserve the right to refuse an order until the balance owing has been paid in full.
12. - Limitation of liability
12.1 We decline all liability for any indirect damage, of whatever nature it may be, which occurs in connection with our products, and their use, or sale, or in connection with our site.
12.2 In particular, we cannot be held liable for damages which have not been caused to the subject of the delivery, notably any pecuniary damage suffered by the person responsible for the order.
12.3 We also decline all responsibility for any delivery abroad of goods which do not comply with the laws and regulations of the country to which the goods are being delivered.
12.4 These limitations of liability apply as much to our company as to the personal liability of our employees, representatives and ancillary staff.
13. - Protection of personal data
13.1 We undertake to implement all possible measures to process your personal data in the strictest confidentiality, to ensure they are protected and to use them only for carrying out your orders or to improve the services which may be offered to you on the site.
14. - Copyright
14.1 The whole content of the site is protected by copyright legislation, which means that any reproduction, copy or use other than that designed to enable you to purchase goods is strictly forbidden.
15. – Applicable law and jurisdiction
15.1 Both the present general conditions and any contract entered into through our site are governed exclusively by Swiss law.
15.2 The court which has jurisdiction is situated in Neuchâtel, as long as the provisions on jurisdictions regarding contracts concluded with consumers in the country where you normally reside do not apply.