General terms and conditions of sale
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last update: 17.03.2022
PREAMBLE
Identity and contact details of the seller
Eko Sàrl is a limited liability company under Swiss law, with its registered office in Sion (address: Ch. de la Mazette 12, 1991 Turin/Salins), registered in the Commercial Register of Central Valais under the number CHE-354.720.692. Eko Sàrl operates the brand Gaya swiss menstrual lingerie, via the website " www.gaya-lingerie.ch" ( hereinafter : "the Site" (see articles of association for the full purpose).
Eko Sàrl can be reached by mail: Eko Sàrl, Ch. de la Mazette 12, 1991 Turin/Salins
and by email: info@gaya-lingerie.ch
Customer identity
The Customer declares that he/she is a natural person, at least 18 years of age and has legal personality or, failing that, has parental authorisation, or the consent of a legal representative, to place an Order on the Web site.
When registering the Customer's personal data, the Customer shall ensure that the mandatory data provided is accurate and complete. In the event of an error in the wording of the Customer's details, the Customer assumes full responsibility.
The Customer shall refrain from any purchase for resale within the meaning of Article 3 of the Federal Act against Unfair Competition (UWG; SR 241), and declares that the Order is not directly related to a professional activity and is strictly limited to personal use.
ARTICLE 1: GENERAL PROVISIONS
1.1 - Purpose and scope
The general terms and conditions of sale (hereinafter: "GTC") apply to purchases made from Gaya swiss menstrual lingerie, via the website " www.gaya-lingerie.ch ».
These GTC are intended to define the terms and conditions of sale between Eko Sàrl and adults (18 years of age or older) with full legal capacity acting for their personal needs as consumers (hereinafter: "the Customer(s)") in order to place an order (hereinafter: "the Order(s)") via the Site.
The applicable version of the GTC is the one published on the Site at the time of the Order. Eko Sàrl reserves the right to adapt or modify, at any time, the GTC. In case of modification of the GTC, the applicable version of the GTC is the one published online on the Site at the time of the Order.
1.2 - Availability and enforceability of the GTC
The GTC are available to the Customer in the footer of the Site in the tab "GTC" where they can be directly consulted.
All Orders placed on the Site are subject to the entirety of these GTC.
The GTC are enforceable against the Customer who, by ticking a box provided for this purpose, acknowledges having read them and accepted them, without reservation, while guaranteeing that he/she has full legal capacity and is of the required legal age (18 years of age or over) before definitively validating his/her Order.
Consequently, placing an Order implies the Customer's full and unreserved acceptance of these GTC.
1.3 - Conclusion of the contract
1.3.1 - Ordering Process
The taking of an Order on the Site is subject to the respect of the procedure set up by Eko Sàrl and concretised by a succession of different steps that the Customer must imperatively follow to validate his Order.
To place an Order via the Site:
- The Customer must click on the Product of his choice presented on the Site, select the desired quantities, then click on the "Place order" icon in order to place the Product in the shopping basket.
- The GTC must be explicitly accepted by the Customer before the Order process is finalised.
After receipt of the Order and payment of the price, Eko Sàrl confirms the purchase order by email to the email address provided by the Customer during the Order process. The contract is concluded upon receipt of this confirmation.
From that moment, no modification or cancellation of the Order will be taken into consideration, except with the express agreement of Eko Sàrl.
Orders are placed exclusively on the Site. Consequently, Eko Sàrl does not accept any Order placed by any other means than the Site, in particular by telephone, by mail or via our various social media.
1.3.2 - Refusal to validate the Order for legitimate reasons
Eko Sàrl reserves the right to refuse any Order if it seems abnormal and placed in bad faith or for any other legitimate reason, and more particularly if the quantities of Products ordered are abnormally high in relation to the Customer's capacity as a consumer or if there is a dispute with the Customer concerning the payment of a previous order.
In these cases, Eko Sàrl undertakes to refund the order, without any compensation being due to the Customer.
1.3.3 - Modification of the Order
Any modification of the Order by the Customer after confirmation of the Order is subject to the express acceptance of Eko Sàrl.
1.3.4 - Right of withdrawal
It is possible to cancel an order in writing (letter or email) indicating the order number, and this, up to three (3) days before the delivery date, and this without any justification.
If the order is subsequently cancelled, Eko Sàrl reserves the right to deduct the processing costs and any unnecessary expenses from the amount paid out to the Customer or to invoice him.
ARTICLE 2: THE PRODUCTS
2.1 - Presentation of the Products
The Products offered for sale are those described on the Site (hereinafter: the " Product( s)").
Eko Sàrl takes the greatest care in the presentation and description of these Products in order to provide the Customer with the best possible information, so that the latter may know the essential characteristics of each Product before placing the final Order.
In case of doubt, or to obtain additional information, it is possible to contact the Customer Service by email at the following address: info@gaya-lingerie.ch
2.2 - Compliance
The Products comply with the applicable standards relating to the safety and health of persons, fair trading and consumer protection at the time they are placed on the market (see EU directives in connection with the Agreement on Mutual Recognition in relation to Conformity Assessment between the EU and Switzerland [MRA]).
Before using it for the first time, Eko Ltd. recommends that you wash your underwear in order to develop its absorption capacity and also for reasons of hygiene.
2.3 - Availability of Products
The offers of Products are valid, in the absence of indication of particular duration, as long as they are visible on the Site, within the limit of available stocks.
Sales are concluded subject to the effective availability of the Products.
- In case of unavailability of one or more ordered Product(s), Eko Sàrl will immediately inform the Customer, who will be able to either accept the extension of the delivery time or claim the reimbursement of the amount concerned.
- Where the Order involves more than one Product, the available Products in the Order will be delivered.
ARTICLE 3: PRICES
3.1 - Indication of prices
All prices are quoted in Swiss Francs (CHF). The prices valid at the time of the order are applicable.
The prices indicated include VAT and other legal taxes, but exclude delivery costs.
The total amount due by the Customer (sales price of the Product + delivery costs) is indicated on the Order confirmation page.
3.2 - Price changes
Eko Sàrl reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.
3.3 - Payability and retention of title
Payment for Products purchased from Gaya swiss menstrual lingerie via the Site is required in full at the time of the Order.
The Product(s) remain(s) the property of Eko Sàrl until full payment is received.
ARTICLE 4: PAYMENT TERMS
4.1 - Methods of payment
Eko Sàrl offers different payment methods. All options are presented on our Site : " www.gaya-lingerie.ch ».
4.2 - Payment security
The site is equipped with a system of securing online payments allowing the Customer to encrypt the transmission of his banking data.
4.3 - Invoice
An invoice in PDF format will be drawn up by Eko Sàrl and sent to the Customer by e-mail when the order is confirmed.
The Customer may, if he wishes, print it.
ARTICLE 5: DELIVERY
5.1 - Delivery methods and times
The products are delivered exclusively in Switzerland, France and Italy.
The delivery time depends on the availability of the ordered Products.
For deliveries in Switzerland, the shipments are sent by Swiss Post with an Economy shipment.
- Products in stock: deliveries are normally made within five (5) to seven (7) working days (Monday to Friday).
- Products being supplied: deliveries are normally made within five (5) to seven (7) working days (Monday to Friday) of receipt of stock.
Orders placed on a Saturday, Sunday or other day recognized as a public holiday by the Law on the rest of Sundays and holidays (RS/VS 822.2) shall be postponed by right to the first working day that follows.
For deliveries outside of Switzerland, shipments are sent by Swiss Post with an Economy package. The delivery time is eight (8) to twelve (12) days for a delivery abroad.
- Products in stock: deliveries are normally made within eight (8) to twelve (12) working days (Monday to Friday).
- Products being supplied: deliveries are normally made within eight (8) to twelve (12) working days (Monday to Friday) upon receipt of stock.
Exceeding the delivery time shall not give rise to any claims for damages.
Fire, pandemic, accidents and the impossibility of being supplied are considered as cases of force majeure discharging the Seller from his obligation to deliver. Eko Sàrl undertakes to keep the Customer informed of the above-mentioned cases of force majeure.
In any case, delivery can only be made if the Customer (the Buyer) has fulfilled his obligations towards the Seller.
5.2 - Delivery costs
For deliveries within Switzerland, the delivery charge is CHF 8.50 and is payable by the Customer.
For orders outside Switzerland, the delivery charge is between CHF 9 and 43 (depending on the weight of the order) and is payable by the Customer.
From a value of CHF 200, the shipping costs are waived.
For orders outside Switzerland, other additional costs may be incurred (e.g. import clearance fees [administrative fees charged by the forwarding agent when clearing customs] and import VAT based on the value of the goods). These costs will be invoiced to the customer upon delivery of the package.
Customs clearance fees depend on the country of origin. Eko Ltd has no control over these costs. For more information on taxation (import taxes, customs duties and VAT), please contact the corresponding administration.
5.3 - Delivery address
The goods shall be delivered to the delivery address indicated by the Client at the time of placing the Order. The information provided by the Client at the time the Sales Order is placed shall be considered binding.
Eko Sàrl declines all responsibility for defects or delays in delivery in case of fault attributable to the Customer, in case of unforeseeable and insurmountable fact(s) of a third party to the Contract or in case of force majeure.
- In particular, the indication of an incomplete or erroneous address, or the failure to collect the parcel within the time limit set for this purpose, shall be considered a fault attributable to the Customer. In such cases, the Customer shall be responsible for the cost of returning the package.
- A case of force majeure is considered to be an unforeseen, insurmountable event resulting from external conditions and beyond the control of a person (e.g. natural disasters, illnesses or risks of epidemics).
6. OBLIGATION TO VERIFY AND CLAIM
Upon delivery by the carrier, the Customer (or the third party designated by the Customer) must check the contents and condition of the Order.
6.1 - Anomaly, damage, damaged package
Any reservations about the packaging and, if applicable, the condition of the Products (e.g., open package; damaged packaging) must be reported to the service partner immediately, if possible.
In all cases, any claim for damage or partial loss concerning the delivery must be notified at the latest within 24 hours, not including public holidays, following receipt of the Product by email (info@gaya-lingerie.ch) or by registered letter with acknowledgement of receipt, failing which the Customer will assume responsibility for the Products delivered.
6.2 - Defects
Any complaint concerning the qualities of the Product must be notified within ten (10) days of receipt of the Product by email (info@gaya-lingerie.ch). Any complaint formulated after this period will be rejected and Eko Sàrl will be released from any responsibility.
In the event of a defect observed, Eko Sàrl will proceed according to its nature to :
- an exchange at his expense, or
- a credit note for the price of the defective Product(s), or
- the reshipment of the missing Product.
6.3 - Guarantee rights and liability of Eko Sàrl
Eko Sàrl declines all responsibility for defects in any capacity whatsoever in the event of non-performance or poor performance of the Contract due either to the fact of the Customer, or to the insurmountable and unforeseeable fact of a third party to the Contract, or to a case of force majeure.
ARTICLE 7: EXCHANGES AND RETURNS
For obvious reasons of hygiene, no Product can be returned or exchanged.
To avoid this kind of inconvenience, it is recommended that the Customer consult the size guide available on the Site.
ARTICLE 8: SALVAGE CLAUSE
The validity of these GTC shall not be affected if any provision of these GTC is or should be declared void or invalid.
In this case, the void or invalid provision shall be replaced by a valid provision which comes close to the purpose of the provision concerned.
ARTICLE 9: INTELLECTUAL PROPERTY
9. 1 - Protection of the mark
"Gaya swiss menstrual lingerie
Eko Sàrl is the owner of the trademark and logo "Gaya swiss menstrual lingerie" registered at the Swiss Federal Institute of Intellectual Property as well as the domain name: " www.gaya-lingerie.ch ».
All graphic, textual and visual elements of the Site (including illustrations, images, drawings, photographs, icons, maps, videos, characters, texts, decorations, presentation modes, graphics) are protected by copyright and remain the exclusive property of Eko Sàrl. Thus, none of the contents that appear or are available on the Site may be, in whole or in part, copied, reproduced, represented, used, republished, downloaded, transmitted, posted or distributed in any way whatsoever without the prior written consent of Eko Sàrl.
Access to and use of the Site does not give the Customer any right to the aforementioned elements.
Any exploitation not expressly authorized in advance by Eko Sàrl may be subject to legal action.
Any person who has a personal website and who wishes to place, for personal use, on his site a simple link referring directly to the home page of the Site, must request authorization from the company Eko Sàrl. This will not be an implicit affiliation agreement.
Private use is permitted. Private use" means any use for personal purposes or in a circle of closely related persons, such as relatives or friends.
Use for personal purposes does not entitle the user to remuneration.
9.2 - Data protection
9.2.1 - Personal data and use
Placing an Order requires the Customer to provide a certain amount of personal data (identity, e-mail address, delivery and billing address, telephone number).
The information gathered by Eko Sàrl is required to process Sales Orders and to manage and follow-up on the Company's commercial relations with its Clients.
This information and data may also be used by Eko Sàrl for statistical purposes, in particular to enable Eko Sàrl to improve its Products, to develop the quality of its services, to better meet the needs and expectations of the Customer.
9.2.2 - Security of personal data
Eko Sàrl has endeavoured to put in place all useful precautions and appropriate organisational and technical measures to preserve the confidentiality and security of the personal data processed and to prevent them from being distorted, damaged, destroyed or accessed by unauthorised third parties.
9.2.3 - Data relating to means of payment/bank cards
Generally, the third party providers (Postfinance, Paypal, Mastercard, Visa and TWINT) used by Eko GmbH will only collect, use and disclose Customer information to the extent necessary to perform the services they provide to Eko GmbH. However, some third party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies regarding the information that Eko GmbH is required to provide to them for your purchase transactions.
It is recommended that the Customer carefully read the privacy policy of the relevant third party supplier so that you can understand how they will handle your personal information.
Some providers may be located or have facilities located in a different jurisdiction. The Customer is therefore advised that if it decides to proceed with a transaction that requires the services of a third party supplier, then its information may be governed by the laws of the jurisdiction in which that supplier is located or the jurisdiction in which its facilities are located.
9.2.4 - Other data
The Customer's personal data is kept for evidentiary purposes, in the form of an intermediate archive.
Eko S.r.l. may use the Customer's data to send them offers for Products or services similar to those already ordered.
Eko Sàrl may keep the Customer's personal data for analysis purposes or for the elaboration of aggregated statistics for the entire duration of the commercial relationship.
Eko Sàrl uses Google Analytics and Facebook Pixel to understand the behaviour of visitors to the Site " www.gaya-lingerie.ch ». These tools are anonymous and collect data that allow to generate statistics in order to better know the visitors, Customers and users. These tools will also allow Eko Sàrl to use them for advertising purposes. By browsing the Site you agree to the privacy policies of Google and Facebook. For more details, the Customer is invited to consult their information directly.
9.2.5 - Links to third party platforms
The Customer is made aware that by using a link from the Site " www.gaya-lingerie.ch " or a social network of "Gaya swiss menstrual lingerie" referring to a third party platform (not. Youtube, Facebook, Instagram) entails the application of the privacy policy of that platform.
9.2.6 - Privacy Policy (amendment)
Eko Sàrl reserves the right to modify this privacy policy at any time. The Customer is thus invited to consult the Site regularly.
Any modification takes effect as soon as it is published on the Site.
9.2.7 - Disclosure of personal data
Eko S.r.l. reserves the right to disclose the Customer's personal data in case of legal obligation or violation of these GTC.
9.3 - Cookies
A "cookie" is a piece of information deposited on the hard disk of the Customer's computer by the Site's server,
By visiting the Site, the Customer accepts the use of cookies.
At any time, the Customer may oppose the installation and recording of cookies by configuring his computer or by modifying the parameters of his browser (generally: tools or options / privacy or confidentiality). However, browsing on the Site will not be optimised: if the Customer refuses or deactivates cookies, it is possible that some of the Site's features will not be accessible.
The issue and use of cookies by third parties are subject to the privacy policies of these third parties. Eko Sàrl has no control over the process used by social networks to collect information about the Customer's browsing on its Site or about the personal data they hold.
For the rest, the Customer is invited to consult the privacy protection policies of these social networks in order to learn about the purposes of use, particularly advertising, of the browsing information that they may collect through these application buttons. These protection policies must allow the Customer to exercise his choices with these social networks, in particular by setting up the user accounts for each of these networks.
ARTICLE 10: APPLICABLE LAW AND JURISDICTION
Only Swiss law is applicable.
The place of jurisdiction is Sion. Eko Sàrl and the Customer are also entitled to file a claim at the Customer's place of residence.