Terms of Sales
This website (the " Site "), as well as all the rights relating thereto, is the property of Keller Trading SA, a public limited company under Swiss law registered in the commercial register of the Canton of Berne under number CHE-109.550.862 and whose registered office is located route de Soleure 1, 2504 Biel, Switzerland (the " Seller ").
The Seller's contact details are as follows (the " Contact information "):
Keller Trading SA
Solothurn Route 1
Telephone: +41 32 358 22 30
These general conditions of sale (these " CGV ") apply to all orders (the" Ordered ") passed by a buyer (the" Customer ") on the Site of a product sold by the Seller on the Site (the" Product ").
The product sales contract is concluded between the Seller and the Customer.
By placing an Order for any Product on the Site, the Customer:
The Customer acknowledges that these GTC have been translated into several languages. In the event of any discrepancy between the different versions of these T & Cs, only the French language version is valid.
The Seller reserves the right to modify these GTC at any time. The version of the GTC in force at the time of the Order applies to the Order.
The presentation of the Products on the Site (including with price indication) does not constitute an offer to contract.
The Products are presented within the limits of available stocks. Products temporarily unavailable cannot be reserved or ordered for later delivery.
The images of the Products presented on the Site are not contractual. In the event of contradictions between the information relating to the Products presented on the Site and that appearing on the packaging of the Products, the latter shall be decisive.
The Seller remains free to modify the assortment of Products offered on the Site, at its sole discretion and at any time.
Subject to limitations that may be indicated on the Site by the Seller at any time in its sole discretion, the Products presented on the Site may be ordered by any natural or legal person anywhere in the world, provided that this person has the capacity to contract.
Any Order placed on the Site is considered an offer to contract from the Customer.
Upon completion of the Order, the Customer is bound by his offer and can no longer cancel or modify his Order, subject to the exercise of the Right of Withdrawal (as defined below), if the Customer benefits from it. this.
The sales contract is concluded at the time of confirmation of the Order by the Seller, confirmation which is sent by email to the Customer after validation of his Order. The Seller has the right to refuse any Order in the event of unavailability of the Products ordered or any other unforeseeable event preventing the satisfaction of the Order.
The Seller undertakes to confirm or refuse the Order by email within twenty-four (24) hours of the Order (this period does not run during non-working days, which include Saturdays, Sundays and every public holidays at the Seller's headquarters). In the event that the Seller does not respond within this period, the Customer is released from his offer and the Order is considered refused.
After confirmation of an Order, the Seller may cancel it in the event of subsequent unavailability of the Products ordered or any other unforeseeable event preventing the satisfaction of the Order.
In the event of total refusal or subsequent total cancellation of an Order, the amounts already paid by the Customer for it are refunded to the Customer.
In the event of partial refusal or subsequent partial cancellation of an Order due to the unavailability of part of the Products ordered, the Seller will inform the Customer and the Customer will have the choice between:
If the Customer does not respond within the time limit set by the Seller, the Order will be canceled in full.
Prices and Shipping Costs
The selling price of the Products (the " Price ") is indicated :
The Price is due and payable by the Customer at the time of the Order.
For deliveries to Switzerland, the Price includes value added tax (" VAT ") Swiss. For deliveries to other countries, the Price does not include taxes specific to each country (including any VAT). The Customer is responsible for paying such taxes. If the Seller is obligated to pay these taxes himself, their amount will be added to the Price at the time of the Order.
Unless otherwise indicated on the Site at the time of the Order, the Price does not include delivery costs, which are billed in addition to the Customer at the time of the Order (the " Shipping cost ").
The Price indicated on the Site at the time of the Order is valid, subject to obvious error on the part of the Seller.
The Seller remains free to modify the Prices indicated on the Site at its sole discretion and at any time.
Payment of the Price and Delivery Charges can be made by credit card (Visa and Mastercard), Paypal or Twint.
By placing an Order with the Seller, the Customer authorizes the Seller to check its solvency with third-party organizations.
The amount of the Price and Delivery Costs are debited at the time of the Order.
The Seller is in no way responsible for any costs (in particular banking) incurred by the Customer in connection with any payment made by the Customer.
Subject to limitations which may be imposed by the Seller at any time in its sole discretion, the Products may be delivered worldwide to the delivery address indicated by the Customer at the time of the Order (the " Delivery address ").
Delivery times may be indicated on the Site, but are given only as an indication and do not constitute a commitment on the part of the Seller. The Customer is required to accept delivery of the Products even if the delivery occurs after the deadline indicated on the Site (or during the Order or its confirmation).
Delivery of the Products is made by the Swiss Post and its partners or by any other shipping service offered by the Seller and chosen by the Customer at the time of the Order (the " Carrier ").
If the Products cannot be deposited in a Customer's letterbox at the Delivery Address due to their size or the delivery method chosen by the Customer, the Customer is required to take all measures in order to receive and take possession of of the Products to the Delivery Address.
If the Customer is absent at the time of delivery, the Customer must follow the Carrier's instructions in order to take delivery of the Products without delay. If the Customer does not take delivery of the Products within the maximum period and at the place indicated by the Carrier, the Seller will have the right to cancel the Order and to recover the Products. In this case, the Seller will reimburse the amounts paid by the Customer for the Order, less the Delivery Costs and the costs of returning the Products.
The risks of the Products pass to the Customer at the time of delivery of the Products to the Customer. If the Customer does not take delivery of the Products in accordance with the terms of article 5.5, the risks fall to him from the time of the return of the Products until receipt thereof by the Seller.
Right to retract
For any Order, the Customer has a right of withdrawal, without having to indicate any reason (the " Right to retract "). The Right of Withdrawal does not exist for:
The Right of Withdrawal must be exercised by the Customer no later than fourteen (14) days from the moment the Customer (or the person designated by him) takes physical possession of the Products (the " Withdrawal period "). In the case of multiple Products ordered by the Customer in a single Order but delivered separately, the period starts from the day on which the Customer or the person designated by him takes physical possession of the last Product.
The Customer must exercise his Right of Withdrawal by an unambiguous written declaration sent by email to the Seller at the email address indicated in the Contact Information, and this before the expiration of the Withdrawal Period. This declaration can be made using the form in the Annex to these GTC.
In the event that the Right of Withdrawal is exercised after the Products have been shipped to the Customer, the Customer must reship all of the Products subject to the Order at his own expense to the Seller's postal address indicated in the Contact Information, within a period of time period of fourteen (14) days from the exercise of the Right of Withdrawal. The Customer bears the risks of the Products until they are received by the Seller. The Products must be returned in full, in perfect condition and in their original packaging (without ever having been opened), and accompanied by the delivery slip, failing which the Customer does not benefit from the Right of Withdrawal and the Seller has where applicable, the right to return the Products to the Customer and to invoice them (including the costs of returning the Products).
The Seller reimburses the Customer for the amounts paid by the latter at the time of the Order (with the exception of additional costs arising from the fact that the Customer would have chosen at the time of the Order a delivery method other than the least expensive delivery method. offered by the Seller) upon receipt of the returned Products by the Customer or proof that the Customer has returned the Products.
If the Right of Withdrawal is exercised before the Products are shipped to the Customer, the Order is canceled and the Seller reimburses the Customer for the amounts paid by the latter at the time of the Order (with the exception of additional costs arising from the fact that the Customer would have chosen at the time of the Order a delivery method other than the cheapest delivery method offered by the Seller). The reimbursement is made within fourteen (14) days of receipt of the Customer's notice informing the Seller of the exercise of the Right of Withdrawal.
The refund is made using the same means of payment as that used by the Customer at the time of the Order (unless otherwise agreed between the Seller and the Customer). The reimbursement is made at no cost to the Customer.
The legal warranty for defective Products applies to any Order, according to the terms defined below.
Upon receipt of the Products, the Customer must check their condition. If he discovers any defects, he must notify the Seller immediately. In the absence of this notice, the Products are held to be accepted, unless these are faults that the Customer could not discover using the usual checks (" Hidden Faults "). If Hidden Defects later become apparent, the Customer must notify the Seller immediately, failing which the Products shall be deemed to be accepted, even with such defects.
Without prejudice to the Customer's obligations under article 7.2, the warranty for defects expires after a period of two (2) years from the delivery made to the Customer (the " Guarantee period "), even if the latter only discovered the faults later.
In the event of a defect affecting the Products, provided that the Customer has notified the Seller in accordance with article 7.2 and in any case within the Guarantee Period, the Customer must return the defective Products at his own expense, with the description of the defect found, to the Seller's postal address indicated in the Contact Information.
After receipt and examination of the Products by the Seller, if this examination confirms the existence of the defect, the Seller undertakes to:
If the Seller finds that there is no defect, the Seller has the right to return the Products to the Customer and charge him for the return costs.
No warranty for defects can be invoked if the Products have already been used.
EXCLUSION OF LIABILITY
SUBJECT TO WHAT IS EXPRESSLY PROVIDED FOR BY THESE T & Cs AND ANY IMPERATIVE LEGAL PROVISION PROVIDING THE CONTRARY, THE SELLER EXCLUDES ALL LIABILITY, AND THE CUSTOMER WAIVES ANY ACTION IN RESPONSIBILITY AGAINST THE SELLER, WHETHER LIABILITY, LIABILITY, LIABILITY OR OTHERWISE, EXCEPT IN THE CASE WHERE THE CUSTOMER PROVES THAT THIS RESPONSIBILITY WAS CAUSED BY DOL OR SERIOUS MISTAKE OF THE SELLER WITHIN THE MEANING OF ARTICLE 100 PARAGRAPH 1 OF THE SWISS CODE OF OBLIGATIONS. FURTHERMORE, ANY LIABILITY OF THE SELLER FOR HIS AUXILIARIES IS EXCLUDED (ARTICLE 101 OF THE SWISS CODE OF OBLIGATIONS).
Personal data is processed by the Seller in accordance with the Confidentiality Policy available on the Site, which the Customer confirms having read and accepted.
All communication with the Seller must be made in one of the languages in which the Site is available.
If any provision of these T & Cs turns out to be invalid, void or inapplicable for any reason, this provision will be considered autonomous and will not affect the validity and enforceability of the rest of the T & Cs.
Applicable law and place of jurisdiction
These GTC and the sales contract between the Seller and the Customer (as well as any non-contractual obligation arising therefrom and any other legal relationship with the Seller) are governed by, and interpreted according to, Swiss law, to the exclusion of its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute between the Seller and a Customer (in particular in relation to any Order) will be submitted exclusively to the courts of Biel, Switzerland (without prejudice to the legal remedies opened against any decision rendered by these courts). Notwithstanding the above, the Seller will have the right to bring an action against the Customer before any other competent court, in Switzerland or abroad.
Date of update of these T & Cs: November 12, 2019