GENERAL CONDITIONS OF SALE TO INDIVIDUALS
In force from June 1, 2021 - TL Diffusion Sarl
Article 1 - APPLICATION OF CONDITIONS
The seller is defined below as being Bokeo.ch, Portal of the Company TL Diffusion Sarl Company with capital of CHF20000.- whose head office is located at Petits Ponts 15 2318 Brot Plamboz SUISSE.
The buyer is defined below as being the company or the person signing and accepting these conditions of sale. The general conditions of sale apply exclusively to all sales concluded by Bokeo.ch both for its own account and for that of its principals.
All other conditions are binding on the seller only after written confirmation from him. Information given on catalogs, price lists, websites, notes, etc. are given only as an indication and can, as such, be modified by the seller without notice. The mere fact of placing an order or accepting an offer from the seller implies unreserved acceptance of these general conditions. The offers are valid within the limit of the option period set at one week from the date of the offer, unless otherwise stipulated in this offer. These general conditions can be modified at any time and without notice by Bokeo.ch, the modifications then being applicable to all subsequent orders.
Article 2 - ORDERS
The offers are valid while stocks last. In the event of an estimate, the offer will remain valid for one week unless otherwise stipulated in it. French and English are the only languages offered for the conclusion of the contract.
2.1 Description of the products
The essential characteristics of the product are indicated in the "product sheet" containing a photo of the product and indicating its particularities. The photographs illustrating, in support of the text, the products, do not enter the contractual field; if errors occur, in no case the responsibility of Bokeo.ch can be engaged. The detailed product sheet is the only contractual source. Manufacturers may change the technical composition of product references without notice. Bokeo.ch is at any time entitled to update, improve its listings or withdraw its products from sale. It is up to you, if you do not consider yourself sufficiently competent, to seek the assistance of an advisor. You can contact Bokeo.ch to obtain additional information on the products presented via the CONTACT page of our site.
2.2 Product availability
You are informed of the availability of the product directly on the site. However, in the event of unavailability of the ordered product, Bokeo.ch can provide you with a good of equivalent quality and price; in this case, if you exercise your right of withdrawal, the return costs will be borne by us. However, you retain the possibility of resolving the sale and requesting reimbursement (this will be made within a maximum period of 30 days from the date of receipt of the returned material). For products not stored in our warehouses, our offers are valid subject to availability from our suppliers.
2.3 Import restrictions
It is your responsibility to inform yourself with the local authority in your country of any restrictions on the importation or use of the products or services that you plan to order. You acknowledge that the products may contain technology subject to the export control laws of the United States and the European Union as well as the laws of the country where they are delivered or used. You must obey these laws. The products may not be sold, rented or transferred to users or countries subject to restriction, or who would use them for purposes of mass destruction or genocide. You should refer to the regulations in force, which vary regularly depending on the product.
2.4 Steps to conclude the contract
During the first order by Internet, any new customer must create a “Customer Account”; an identifier ("login") and a password will be requested. During each order validation, you will be directed to your account via a secure connection recalling the content of your order. Your order will only be definitively registered after providing the various information and final validation. When you register the order by selecting a payment method, the sale is deemed to have been concluded (agreement on the goods and the price). The acceptance of your order is confirmed by sending an email automatically generated by our website to the email address indicated when creating the customer account. The contractual information is presented in French and will be the subject of a confirmation containing this information at the latest at the time of delivery. Bokeo.ch reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.
2.5 Cancellation of the order
The order placed on our site is automatically canceled if payment is not received. In the case of a payment by credit card, to cancel we invite you to contact us using the form on the CONTACTS page or by telephone, after having gathered all the information relating to the transaction, mentioning the billing name appearing on the order and order number. As long as your order is not being prepared logistically, you can cancel it. When the order is prepared, the cancellation can only be done by refusal on your part of the package, WITHOUT OPENING IT, sent by Bokeo.ch. Professionals are informed that no unilateral order cancellation on their part will be accepted without the agreement of Bokeo.ch and that orders sent directly by the buyer or which are transmitted by the agents representing the seller do not commit the seller only when they have been accepted in writing. Any changes to orders and any ancillary or derogatory conditions as to the object and terms of the sale are only valid to the extent that they appear in the offer or confirmation made by the seller.
Article 3 - PRICE
The prices appearing on the site are indicated in CHF (all taxes included, except in the case of a PRO account), excluding delivery costs. They are liable to vary, in particular in the event of a fluctuation in the rate of the currency against the euro or a change in the rate of VAT. However, the prices appearing on your order after its validation and its registration are firm and final: if the prices drop a few days after the order, we will in no case be able to compensate you for the difference; if the prices increase, we are committed to deliver to you at the price fixed on the day of the order. The amount of delivery costs is calculated automatically according to each order; it appears on the summary of your order, before final registration. If you are a customer outside Switzerland, the invoice will be established without VAT. Any order delivered outside mainland France may be subject to any local taxes, customs duties, sea dues and customs clearance costs upon delivery. Their payment is your responsibility and is your responsibility. Check with the competent authorities in the country of delivery. However, goods purchased by professionals are purchased at the price agreed upon when ordering within the limit of the option period and general economic conditions (taxes, exchange rates, etc.), at the time of delivery. In the case of products indexed on a currency: any variation, to the detriment of the seller, of 2% of the price of the currency in relation to the euro defined on the day of the offer may be reflected on the day of invoicing. On sites dedicated to professionals, prices are exclusive of taxes, packaging, transport and freight insurance costs not included, ex warehouse of the seller.
Article 4 - DELIVERY
Delivery is made either by direct delivery to the buyer via Click & Collect, or for professionals by delivery of the goods to a carrier.
4.1 Delivery times
Delivery is made to the address you indicated when placing the order. Bokeo.ch undertakes to deliver to you within 30 days maximum from the day following the day on which you sent us your payment. Any other delivery time is given for information only; the times indicated on the site are average times usually observed and correspond to the order processing times, to which is added the shipping time of carriers. The seller is authorized to make partial deliveries. Any partial delivery accepted by the buyer is subject to invoicing upon delivery.
4.2 late delivery
In the event of late delivery, we advise you to check the status of your order directly online before contacting us and on the carrier's website using the shipping number. We invite you to notify us of any delay of one week compared to the average delivery time observed in order to allow us to start an investigation with the carrier (the investigation times may vary from one to three weeks). If during the investigation period, the product is found, it will be immediately forwarded to your home. If, on the other hand, the product is not found at the end of the investigation period, the carrier considers the package as lost, and we will return a replacement product to you, at our expense. If the period indicated is exceeded by more than 7 days, except in cases of force majeure, you have the option of canceling your order and getting a refund. By express agreement, a case of force majeure or events such as lock-out, strike, total or partial stoppage of work in the seller's factory or at its suppliers, epidemic, war, requisition, fire, flood, interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or import of the goods, the seller is released from all responsibilities upon delivery. The seller will keep the buyer informed in a timely manner of the cases and events listed above. In all cases, delivery on time can only take place if the buyer is up to date with his obligations to the seller, whatever the cause. Item
5 - TRANSPORT
Unless otherwise agreed, Bokeo.ch freely chooses the carrier.
5.1 Transport risks
Bokeo.ch bears the risks associated with transport until delivery, that is to say until the physical delivery of the goods to the recipient indicated at the time of the order or to his representative who accepts it, provided that you check the goods upon receipt in the presence of the carrier and, if necessary, indicate in writing on the transport voucher the reservations observed according to the procedure described below.
5.2 Receipt of goods
You must refuse delivery if the goods are damaged, missing or if the package has been opened or repackaged (except through customs). In the event of loss or damage, you must make precise and detailed written reservations on the carrier's delivery note in the presence of the latter or its employees; you must then send the carrier a registered letter with the reservations, within 3 days of delivery. In order to help you in these steps, we invite you to contact us via the CONTACT page. Goods accepted without reservation by the recipient at the time of delivery and / or in the absence of a letter addressed to the carrier within 3 days, is deemed to have arrived in good condition and in their entirety (number of pieces, identity in relation to the order, etc.). No claim can be taken over by Bokeo.ch and Bokeo.ch cannot be held liable. For any question or difficulty you may encounter, we invite you to contact us via our CONTACT page, accessible from the home page of our site.
Article 6 - COMPLAINTS AND AFTER-SALES SERVICE
For any complaint, we invite you to contact our services by connecting to our site and by going to the CONTACT page. All complaints relating to a defect in the delivered goods, an inaccuracy in the quantities or their incorrect reference in relation to the accepted offer or the confirmation of the order by the seller, must be made within 48 hours from of receipt of the goods, without neglecting if necessary and in accordance with Article 5, recourse against the carrier.
6.1 Need to present a RETURN NUMBER
The return of goods is made only by post, unless otherwise specified. Any return of merchandise requires the prior agreement of Bokeo.ch and a return number, which can be obtained free of charge via the CONTACT page accessible from the home page of the site. You will receive by the means deemed most appropriate by Bokeo.ch a return agreement. In the absence of a return agreement, the goods will be returned to you or held at your disposal, at your expense and risk, all transport, storage and handling costs being at your expense. In the absence of a prepaid label sent by Bokeo.ch, the products are returned at your expense and at your own risk. We therefore advise you to declare the value of the goods and to take out transport insurance. The buyer has, after obtaining the return agreement, a period of 7 days to return the defective goods to the seller. The following information is generally requested: precise coordinates, designation of the element or elements concerned, serial number, the failure observed and the invoice or delivery slip number corresponding to the parts described. The goods must be returned with a copy of the invoice and the return number appearing on the package within a maximum period of 7 days after the return agreement from Bokeo.ch, to the following address: TL Diffusion Sarl Les Petits Bridges 15 2318 Brot Plamboz SWITZERLAND
6.2 Requirement of the original packaging
Any defective product must be returned in its original packaging, which alone ensures the transport of the product in good conditions, with warranty labels, include all of the product and its accessories and be accompanied by a Copy of the bill. Any incomplete, damaged, damaged product and / or whose original packaging has been damaged, will not be taken back, exchanged or refunded. The sender must therefore ensure the packaging and conditioning of the material he sends. In particular, the recipient may reship the goods to a destination other than the initial destination with the same packaging, at the risk of the sender being held responsible for damage occurring during this subsequent transport.
Any request for reimbursement can only be taken into account after the arrival of the products returned to Bokeo.ch according to the return procedure indicated above. In case of return and refund request, the terms will be as follows:
• Parcel returned at the customer's will: refund of the product, return costs payable by the customer.
• Parcel returned due to the responsibility of the company (non-conformity, parcel not arrived ...): reimbursement of the product, shipping costs and return costs.
6.4 Coverage of shipping costs
Within the framework of the guarantee, and in the absence of a prepaid label, the shipping costs for the return of material in the first two months after its reception are compensated by the creation of a purchase order. This is calculated on the price basis of the shipment. The voucher is valid for 2 months from the date of issue.
Article 7 - RIGHT OF WITHDRAWAL RESERVED FOR INDIVIDUALS
The buyer has a withdrawal period of 14 clear days from the delivery of his order which will be reimbursed against return of the products delivered. The buyer must return the goods in their original condition and packaging. Any return of merchandise requires: A return number which can be obtained free of charge via the CONTACTS page of our website by contacting one of our customer advisers. The return of goods is carried out at the expense and risk of the buyer (you are therefore advised to declare the value of the goods and to take out insurance covering these risks). However, the right of withdrawal cannot be exercised for the following reasons
• products for the supply of goods made to customer specifications or clearly personalized, such as in particular parts assembled at the buyer's request or specific inscriptions on the products.
• Perishable products with an expiration date. In all cases, no right of withdrawal is possible when the Product has been used by the buyer.
Article 8 - GUARANTEE
When a problem arises with a material, we invite you to contact our after-sales service by going to our website and using the CONTACT page.
8.1 Manufacturer's warranty
For products with a specific manufacturer's warranty (coverage of the warranty directly by the manufacturer, or on-site warranty, or specific warranty extension), the Customer must contact the manufacturer directly, without going through Bokeo.ch, which does not provides no contractual warranty for these products. Our company will refuse any return of merchandise in this context and cannot be held responsible for any failure of the manufacturer under this warranty.
8.2 Bokeo.ch commercial guarantee
The products are guaranteed by the manufacturer and failing that by Bokeo.ch against any material or manufacturing defect, in accordance with the legal provisions in accordance with the legal provisions in force in the sector -
8.3 Limitation of warranty The seller's warranty is limited to the repair, replacement or reimbursement in value of goods recognized as defective by the seller, taking into account the use made of them and this at the seller's discretion. The seller only undertakes to ensure the replacement of defective parts and the repair of damage to the goods supplied to the buyer by him. The warranty therefore does not cover labor costs, nor those resulting from disassembly, reassembly and transport operations, except in the case of standard exchange. Bokeo.ch after-sales service can only operate within the framework of the Bokeo.ch guarantee or the legal guarantee.
8.4 Exclusion of guarantee The guarantees exclude damage of external origin, damage resulting from improper use of the products, damage resulting from the intervention of a repairer not approved by Bokeo.ch or the manufacturer. Bokeo.ch only undertakes to replace defective parts and repair damage to goods supplied to the customer by it. If the equipment cannot be replaced by identical equipment, the customer will be offered equivalent or superior equipment, or a credit note. Subject to mandatory legal provisions, Bokeo.ch's liability is strictly limited to the obligations defined in these conditions or, where applicable, to the express conditions. Bokeo.ch can in no way be held responsible for material and immaterial damage that would occur during the repair in the event that the buyer returns products that have not been supplied by the seller. Bokeo.ch cannot be held liable for breakdowns or damage resulting directly or indirectly from the following cases:
• Any unprotected or prolonged storage.
• Any negligence, error in connection or handling, maintenance and use of equipment that does not comply with the technical specifications of the seller or the manufacturer or, more generally, defective or clumsy use.
• Any addition of additional device or accessory to the equipment or use of any parts necessary for the operation of the equipment that do not comply with the technical specifications of the seller or manufacturer.
• Any mechanical, electronic, electrical or other modification or transformation made to the equipment or its connection devices by any third party. In the event of bankruptcy or the impossibility of supplying the manufacturer, the customer cannot turn against Bokeo.ch, which will not assume any liability in terms of warranty on the products of this manufacturer.
8.5 Legal guarantee
You also benefit from the legal guarantee against hidden defects on the products sold and defects in conformity of the goods with the contract.
Article 9 - RETENTION OF OWNERSHIP
The goods delivered to you and invoiced will remain the property of Bokeo.ch until full payment of their price. Failure to pay may result in a claim for the goods by Bokeo.ch, the return being immediate and the goods delivered at your expense and risk. During the period from the delivery to the transfer of ownership, the risks of loss, theft or destruction, as well as any damage you may cause, remain your responsibility. The buyer undertakes, in the event of a bankruptcy proceeding affecting his business, to actively participate in the establishment of an inventory of the goods in his stocks and of which the seller claims ownership. Failing this, the seller has the option of having the inventory recorded at the buyer's expense. The seller may prohibit the buyer from reselling, transforming or incorporating the goods in the event of late payment. To guarantee payments not yet made and in particular the balance of the buyer's account in the seller's records, it is expressly stipulated that the rights relating to the goods delivered but unpaid will refer to the identical goods from the seller in stock at the buyer, without the need to charge payments against a specific sale or delivery.
Article 10 - CANCELLATION CLAUSE
In the event of non-compliance with one of the buyer's obligations by the latter, the sale may be terminated automatically and the goods returned to the seller if he sees fit, without prejudice to any damages that the seller could assert with regard to the purchaser, within a period of 48 hours after the formal notice remained ineffective. In this case, the seller is authorized to claim from the buyer a lump sum indemnity of 10% of the amount of the sale.
Article 11 - PAYMENT
Any payment paid to Bokeo.ch cannot be considered as a deposit.
11.1 Payment methods
Payments must be made in such a way that the seller can dispose of the sums on the due date appearing on the invoice. Payment is made, unless specific stipulations on the site or granted to the business customer after studying their file, when ordering by:
• Credit card (valid for at least 1 month for cash payment and 6 months for split payment). The entry of banking information is done on a secure server to guarantee the security and confidentiality of the information provided during the banking transaction. All connection information is kept. Payment in three installments is only possible when paying by credit card for all orders deliverable in Switzerland.
• e-credit card.
• Gift vouchers from the Bokeo.ch Company.
• Bank transfer
The costs are the responsibility of the buyer, in the absence of return of the accepted draft within the period mentioned, the payment will become immediately due. In the event of payment in installments, expressly accepted by the seller, the non-payment of a single due date will immediately make the full price payable, regardless of the conditions previously agreed even if the deadlines have given rise to the establishment. acceptable drafts; the same will apply in the event of sale, transfer, pledging or contribution to a company of its business by the buyer. The seller may withhold delivery of the goods concerned until the representation of the payment guarantee.
11.2 Late payment
Any payment after the fixed payment date could give rise to the invoicing of penalties without any prior notice from the purchaser being necessary. The amount of these penalties would be at least equivalent to that which would result from the application of the legal interest rate in force on the day of application of the penalties, without this clause excluding additional damages. The buyer can never, on the grounds of a complaint formulated by him, withhold all or part of the sums due by him, nor operate a set-off. When the buyer is in arrears of total or partial payment of a due date, the seller may by this sole fact and without the need for a prior notice, immediately suspend deliveries, without the The buyer cannot claim damages from the seller. In the event of recourse by means of litigation, the seller is entitled to claim from the purchaser the reimbursement of costs of any kind related to the lawsuit.
11.3 Supporting documents
For reasons of fraud limitations, Bokeo.ch reserves the right to accept the sale to ask you to justify your identity and place of residence, and the means of payment used. In this case, your order will be processed upon receipt of these documents. We reserve the right to cancel your order in the absence of receipt of these supporting documents or receipt of supporting documents deemed non-compliant.
Article 12 - FINAL STIPULATIONS
This contract is governed by Swiss law. Bokeo.ch will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. Bokeo.ch's computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proven otherwise. If one of the clauses or provisions of these General Conditions of Sale were to be canceled or declared illegal by a final court decision, this nullity or illegality will in no way affect the other clauses and provisions, which will continue to apply. All disputes relating to the formation, execution and termination of contractual obligations between the parties that cannot give rise to an amicable settlement will be submitted to the courts. In the event of a dispute with professionals and / or traders, it will be subject to the jurisdiction of the Commercial Court within the jurisdiction of which the seller's head office is located, regardless of the conditions of sale and the method of payment accepted, even in the event of a guarantee call or multiple defendants, the seller reserves the right to appeal to the territorially competent court to which the buyer's head office is located. The fact that Bokeo.ch does not avail itself at a given time of one of the clauses hereof, cannot be considered as a waiver of subsequently invoking these same clauses.