Seller: Melsfit Sàrl
having its registered office at rue Soubeyran 2 bis 1203, Geneva, Switzerland.
registered in the Trade Register of Commerce under number: CH-660.0.811.010-1
VAT number: CHE-115.587.023
e-mail address: [email protected]
telephone number: 022 940 22 40
contact hours: Mon-Fri 9:00-19:00 | Sat 10:00-18:00
Buyer: a natural person who is of legal age and who is not acting within the context of practising a profession or conducting a business, with whom the Seller concludes an Agreement.
Order: an order placed by the Buyer in accordance with the procedure described in article 2.1 for the delivery of one or more products.
Product: a product that the Seller offers for sale on the Website.
Purchase Price: the price indicated on the Website for a Product, including the VAT and the shipping costs.
Agreement: The Order, which the Seller has accepted as such.
ARTICLE 1. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
These General Terms and Conditions that have been made available online by the Seller on www.melsfit.com govern all offers, orders, agreements and other legal relationships between the Buyer and the Seller with respect to the use of the Website, including the purchase and sale of a Product on or via the Website.
ARTICLE 2. CONCLUSION AND CONTENT OF THE AGREEMENT
An Agreement will be concluded by the Buyer and the Seller exclusively by means of the Seller’s acceptance of an Order (the offer) from the Buyer that has been placed on or via the Website in the following manner:
- The Buyer has selected the Product desired in the desired style, colour or flavor, size and has added the Product to the shopping cart.
- The Buyer has followed and completed the following steps:
- Step 1: The Buyer has filled in his/her address details and, if the delivery address is not the same as the invoice address, the delivery address desired.
- Step 2: The Buyer has checked the order.
- Step 3: The Buyer has selected the payment method desired and possibly has made a full or partial advance payment.
- The Order has been placed.
- The Buyer will receive a confirmation of the Order that has been placed in an electronic manner (via the Website).
If the Order has been accepted by the Seller, the Seller will send the Buyer a confirmation, by email, as soon as possible after the Order has been placed.
The Seller will be entitled to reject the Order placed by the Buyer in the following cases, among others:
- If the information that the Buyer has filled in is incorrect and/or incomplete, or if the Seller is reasonably entitled to doubt whether that is the case.
- If the Buyer’s payment is not received within the agreed term.
- If the Buyer has already failed to comply with his/her payment obligations towards the Seller in the past.
- If the Buyer in the past has failed to accept and/or collect Orders that he/she placed with the Seller.
- If there is an obvious mistake or clerical error, for example in the prices indicated on the Website.
- If the delivery address desired is not located in Switzerland
The Seller will notify the Buyer as quickly as possible if an Order is not accepted.
ARTICLE 3. DELIVERY METHOD AND DELIVERY DATES
Shipment will be made using a carrier designated by the Seller.
The buyer has also the option to pickup the products at the store located in rue de Lyon 6, 1201 Genève.
If the customer does not collect the ordered products from the store (in-store collection) within 14 calendar days from the arranged date, Melsfit may withdraw from the contract (cancellation)
After the Agreement has been concluded the Seller will send the Products as quickly as possible, and in any event within fourteen (14) days, to the address indicated by the Buyer, provided that the Seller has received the full Purchase Price if the Buyer has chosen for advance payment and unless the parties have agreed on a longer delivery period.
The Seller will make delivery in accordance with agreed delivery dates to every extent possible; however, the Buyer acknowledges that the delivery dates are based on the circumstances of which the Seller is aware at the time at which the Agreement is concluded and, insofar as they are dependent on work or services to be provided by third parties, on the information that such third parties provide to the Seller.
The Buyer will receive notice within 14 (fourteen) days after the Agreement is concluded in the event that the delivery is delayed or in the event that an order cannot be executed in whole or in part, in which case the Buyer will be entitled to dissolve the Agreement free of charge until the time at which the Order is shipped.
The risk with respect to any damage to or loss of the Products will be transferred to the Buyer as from the time at which the Products are ordered.
ARTICLE 4. PRICE AND PAYMENT
The prices indicated on the Website are denominated in CHF, are inclusive of Value Added Tax (VAT) and are inclusive of shipping costs. The return shipping costs will be paid by the buyer. The total Purchase Price due will be indicated when the Order is placed and when the Agreement is confirmed.
The Seller will be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement.
Payment may be made using the methods indicated on the Website
The Buyer is obliged to notify the Seller immediately regarding any errors in the payment details that the Buyer has provided to the Seller.
ARTICLE 5. RIGHT TO RETURN
The Buyer will be entitled to return the Product that has been delivered, with full refund, within a term of 14 days after the Product has been received, without stating his/her reason for doing so, in the manner indicated by the Seller, provided that the Product has not been worn (trying on clothing is permitted), is undamaged and (insofar as possible) is in the original and undamaged packaging. The Buyer will not be permitted to exchange the Product for another Product. If the Buyer wishes to purchase another Product he/she will have to place a new order on the Website. If the product is damaged the seller won’t refund anything.
In the case referred to in the preceding subsection, the Seller will refund the Purchase Price as quickly as possible, but in any event within 14 days after Melsfit received the returned product.
ARTICLE 6. FORCE MAJEURE
The Seller is not liable for any damage as a result of a delay in the delivery or a failure to deliver that has been caused by circumstances that impede the Seller from complying with its obligations, and that cannot be attributed to the Seller because they cannot be blamed on the Seller, and cannot be deemed to be for the Seller’s account in accordance with the law, a legal act or in accordance with generally accepted standards, such as - but not restricted to - war, threat of war, civil war, riots, a day of national mourning announced by the government, strikes, transport problems, trade limitations, problems with customs authorities, fire, flooding, earthquake or the bankruptcy of third parties engaged by the Seller, a failure on the part of the Seller’s suppliers to supply goods or a failure on the part of the Seller’s suppliers to supply goods in a timely manner, interruptions in the supply of goods to be delivered by third parties, including water and electricity, and other serious interruptions in the business operations of the Seller or third parties that it engages.
If as a result of a situation involving force majeure the Seller fails to comply with its obligations under the Agreement or fails to do so in a timely manner, the Seller will be entitled to perform the Agreement within a reasonable term or – if compliance within a reasonable term is not possible – to dissolve the Agreement in whole or in part, without the Seller being obliged to pay the Buyer any compensation in that respect.
ARTICLE 7. COMPLAINTS
The contact details of the Seller and of the third parties that the Seller has engaged to handle complaints can be found by clicking on the ‘Contact’ button on the Website.
The Buyer will be obliged to inspect the Product when it has been delivered and to notify the Seller within a reasonable term in the event that there are any visible defects or other complaints regarding the performance of the Agreement. Such complaints must be submitted in writing and must be fully and clearly substantiated.
The Seller will respond to any complaints that it receives within a term of 14 days after receipt. The Seller will notify the Buyer within a term of 14 days in the event that it is foreseeable that the complaint will require a longer term to be processed, stating the term within which the Buyer can expect to receive an answer.
The Buyer acknowledges that: minor deviations and deviations that are generally considered acceptable in respect of the quality, size, colour, finishing, etc. of Products cannot be avoided or are difficult to avoid and do not constitute a well founded reason to submit a complaint. Such complaints, and complaints regarding the removal of certain Products from the Website, are not well founded. The Seller will not be liable for any damage that the Buyer sustains as a result of such deviations or the removal of such Products from the Website.
The Buyer will fully cooperate in the event that the Seller recalls a Product. The Buyer will notify the Seller immediately in the event that the Buyer suspects that a Product has a safety defect and is subject to being recalled.
ARTICLE 8. RETENTION OF TITLE
The Seller will retain the title in respect of any and all goods to be delivered until the following obligations towards the Seller have been complied with in full:
- the performance and obligations (including payment obligations) that the Buyer owes/has in respect of any and all goods that have been or that will be delivered in accordance with the agreement; and
- claims on the ground of the Buyer’s breach in respect of his/her compliance with this agreement.
ARTICLE 9. GUARANTEE AND LIABILITY
The Seller is required by law to provide a Product that meets the contract with the Buyer.
The Seller is not liable for any indirect, additional or consequential damage, of any kind whatsoever, that the Buyer sustains in connection with the Agreement. Under no circumstances will any direct damage, for which the Seller is legally liable towards the Buyer, exceed the Purchase Price. This provision is not intended to exclude the Seller’s liability in the event of bodily injury or death.
ARTICLE 10. APPLICABLE LAW
The Swiss law applies to this agreement. Juridiction is in 1203 Geneva.
ARTICLE 11. INVALID PROVISIONS
In the event that any provision contained in these General Terms and Conditions is invalid:
- the remaining provisions contained in these Terms and Conditions will nonetheless remain in effect; and
- the invalid provision will have to be interpreted as, or converted into, a valid provision having the same purport to every extent possible.
ARTICLE 12. AMENDMENT TO THE GENERAL TERMS AND CONDITIONS
The Seller will be entitled to amend these General Terms and Conditions from time to time. The most recent version of the General Terms and Conditions will be placed on the Website. The Buyer must always consult these General Terms and Conditions before using the Website. If the Buyer is unable to consult the General Terms and Conditions via the Internet the Seller will send the Buyer a copy of the most recent version of the General Terms and Conditions by e-mail.
Version April 2016.