1. Scope of application
1.1 The purpose of these general conditions (hereinafter: the “GTC”) is to govern the contractual relations between the company Carasso SA (hereinafter: “CARASSO”), having its registered office at 42 route de Satigny, 1242 Satigny and any person placing an order on the site www.carasso.ch (hereinafter: the “Customer”).
1.2 CARASSO may at any time adapt or modify the GTC, which shall apply immediately to any new order.
1.3 On placing each order, the Customer must confirm that it has read and accepted the General Conditions. In the event of a dispute, the GTC in force at the time of the order shall be binding.
2.1 The products sold are described on the website www.carasso.ch (hereafter: the “Site”) at the time of sale. The characteristics of the products as well as the photos are published on the basis of the data provided by the manufacturer and are given for information purposes only. As the reproduction of colours on a computer screen is not perfect, CARASSO cannot guarantee that the colour of the goods is exactly the same as that appearing on the screen.
2.2 The products are available on the Site depending on the stocks available, subject to modification.
2.3 Prices are net prices in Swiss Francs (CHF) or Euros, including VAT.
2.4 To the prices indicated are added the delivery costs shown in the Shopping Cart section when ordering in accordance with Article 4.2 below.
2.5 By clicking on Place order you agree to the purchase of the articles selected in your shopping cart. The contract of sale comes into force when the Customer receives the order confirmation e-mail.
3.1 The price of purchases made on the Site is due at the time of ordering.
3.2 Payment is made by VISA, MasterCard, Postcard or TWINT. The amount of the order shall be debited immediately upon confirmation.
3.3 CARASSO does not have access to confidential information relating to the means of payment. The information entered is encrypted and transmitted to our financial partner in a secure manner without CARASSO having access to it. The Customer’s payment details are encrypted using the SSL (Secure Socket Layer) protocol and are not transmitted unencrypted over the network. The risk of a malfunction of the payment system is borne by the Customer.
4.1 CARASSO shall deliver its products in Switzerland.
4.2 Delivery costs shall be borne by the Customer. The amount of the delivery costs is indicated in the Shopping Basket section and is subject to the Customer’s approval before the validation of each order.
For purchases of CHF 70.00 or more, the delivery costs are free.
4.3 The products are sent to the delivery address indicated by the Customer when ordering. Delivery is made by a carrier. The risks associated with sending the goods to the Customer (risk of loss, destruction, wrong delivery address, etc.) are borne by the Customer as soon as CARASSO hands over the goods to the carrier. The costs associated with the return of an unclaimed package and its possible reshipment shall be borne by the Customer.
4.4 Delivery times are 3-5 working days in Switzerland. For certain products, it is possible that the delivery times are longer. However, these times are given as an indication only.
4.5 CARASSO shall be entitled to cancel an order, even if it has been accepted, without having to give reasons to the Customer. In such a case, the Customer’s claims against CARASSO shall be limited to the return of the amounts paid, to the exclusion of any damages.
5. Warranty for Defects
5.1 Upon receipt of the order, the Customer shall immediately inspect the products delivered.
5.2 If one or more of the products delivered are defective, the Customer shall notify CARASSO within 2 working days of receipt by email to email@example.com. CARASSO shall confirm receipt of the Customer’s notification by email within one working day. Notices of defects that have not been confirmed by CARASSO shall not be considered valid by CARASSO.
5.3 In the event of a defect, CARASSO’s warranty shall be limited exclusively to the return and refund of the defective product.
6. Warranty on Appliances
6.1 CARASSO does not provide any warranty on devices purchased on the Site, which are guaranteed by the manufacturer in accordance with the terms and conditions set forth by the manufacturer in the original documentation provided with the device.
6.2[PC1] In the event of a breakdown of an appliance, the cost of returning the goods to CARASSO’s headquarters shall be borne by the customer.
7. Obligations of the Customer
7.1 The Customer commits to use the equipment purchased on the Site in accordance with the manufacturer’s instructions and to carry out the necessary maintenance recommended by the manufacturer in order to ensure its proper functioning.
7.2 The Customer must keep the invoice, the original packaging as well as all manuals and accessories of the devices purchased. These elements may be requested in the event of a repair under warranty.
8. Force majeure
8.1 CARASSO shall do its utmost to fulfil its obligations, but shall not be liable for delays or non-delivery due to circumstances beyond its control, such as strikes, wars, natural disasters or other events of any kind that prevent the production, transport or delivery of products.
8.2 In the event of delays, CARASSO shall fulfil its obligations as soon as possible and reserves the right to distribute the remaining stocks of products among its customers in an equitable manner.
9. Data Protection and Security
9.1 The Customer may place an order on the Site without creating a Customer account.
9.2 When connecting to the Site or communicating electronically with CARASSO, the Customer’s data passes through a public network accessible to all. It may also happen that the data crosses borders, even if the sender and the recipient reside in the same country. It is therefore not excluded that third parties may have access to such information and that they may deduce the existence of a contractual relationship with CARASSO.
9.3 CARASSO may collect, in particular by means of “cookies”, data relating to the use of the Site, including in particular the IP address of the Customer or of any other visitor, which are used for statistical, security, system monitoring, management, marketing and legal and regulatory compliance purposes. This data is anonymous.
9.4 Personal data is expressly collected online when the Customer registers to place an order. Registration gives CARASSO the opportunity to collect basic information such as the first name, surname, postal address, e-mail address, telephone, mobile and/or fax number.
9.5 CARASSO also reserves the right to record the first and last names, e-mail address and the content of correspondence of any person who sends an e-mail to a CARASSO employee or to the Site manager, in particular in order to be able to reply to him or her or to inform him or her of the progress of his or her order.
9.6 The information required by CARASSO at the time of online registration is limited to that which is necessary for CARASSO to provide the best possible service and follow-up. Mandatory information is clearly indicated by an asterisk (*) at the beginning of the field to be filled in.
9.7 CARASSO shall not be liable for any inaccuracies in personal data if such inaccuracies are due to incorrect information provided by the Customer. In the event of inaccuracy due to other causes, CARASSO’s liability shall be limited exclusively to granting the Customer the right to access and correct personal data in accordance with Art. 10 below.
9.8 Although CARASSO shall make every effort to protect personal data, it shall not be responsible for the security of personal data transmitted to it on the Site, as it is not possible to fully guarantee the security of transmissions over the Internet. They are communicated at the Customer’s own risk. On the other hand, CARASSO makes every effort to ensure their confidentiality as soon as they have been entered into its system and to prevent these personal data from being transmitted to third parties other than those who may be involved in processing the Customer’s order.
10. Right of access and correction of data
10.1 Subject to any legal obligations to retain the data obtained, any interested party may request, in accordance with the provisions of the Federal Law of 19 June 1992 on data protection, to be informed by post of the data concerning him/her by sending a written and signed request to CARASSO. If such data is no longer up to date or proves to be inaccurate or incomplete, the person concerned may request CARASSO to amend the data accordingly. The data subject may also request CARASSO to delete the data at any time.
11. Exclusion of liability
11.1 CARASSO and its directors, officers, employees, agents and shareholders assume no liability for any direct or indirect loss or damage of any nature whatsoever resulting from access to the Site or from the use of the information or notices available on this Site or from the inability to access or use the information or notices available on this Site.
11. 2 In particular, the Company and its directors, officers, employees, agents and shareholders shall not be liable for any loss or damage suffered as a result of any error, technical or otherwise, transfer failure, overload, difficulty of use, interruption of service (including, in particular, system maintenance), delay in the transmission of information, incompatibility between this Site and the User’s files and/or software (in particular, with his or her browser) and/or computer, malfunction, interference, transmission of a virus or worm to the User’s computer, illegal intrusion (e.g. as a result of hacking), intentional blocking of telecommunications tools and networks (e.g. as a result of mass e-mailing or denial of service attacks) or any other inadequacy of telecommunications or network service providers.
12. Partial invalidity
12.1 If any of the provisions of the GTC are invalid, unenforceable or not applicable, this shall not lead to the invalidity, cancellation or non-execution of the other provisions of the GTC. The invalid, non-compliant or inapplicable provision will be replaced by another valid, compliant and applicable provision that corresponds as closely as possible to the meaning and purpose of the invalidated provision.
13.1 Only the French version of the GTC is binding. Any translation of the GTC is for information purposes only.
14. Applicable law and jurisdiction
14.1 Swiss law is applicable.
14.2 Any dispute related to an order placed on the Site, to the Site or resulting from its use or access is subject to the exclusive jurisdiction of the competent courts of the Republic and Canton of Geneva, subject to possible appeal to the Federal Court in Lausanne.