1. Preliminary remarks
a) Legal notice
In order to comply with the provisions of the law for confidence in the digital economy of June 21, 2004, the legal information required to identify the publisher of this website will be set out below.
This site is published by the company E-FACTORY SARL, Route de la Vallée 9B, 1180 Rolle, Switzerland, with a capital of 20 000 CHF.
The director of the publication of the site is Rémi Finel.
The person in charge of the editorial staff is Rémi Finel.
Registered with the French data protection authority (CNIL). Registration number: 1701001 v 0
This site is hosted by the PHPNET company, whose head office is located at 116 route de Meylan BIVIERS (France) 38330, which can be reached by phone at the following number: (+33) 04 82 53 02 10.
This website was created using the open-source solution PrestaShop™.
The present site is freely accessible to all Internet users. It consists of a site of sale of products on line.
c) Acceptance of general terms and conditions of sale
The subscription to a contract governed by the present general conditions with the publisher of the present site supposes the acceptance, by the user, of the said general conditions of sale. The user acknowledges by the same fact to have taken full knowledge of them. This acceptance will consist in the fact, for the user, to validate the present general conditions.
The user recognizes the value of proof of the automatic recording systems of the publisher of the present site and, except for him to bring proof to the contrary, he renounces to contest them in case of dispute.
The acceptance of the present general conditions supposes on the part of the users that they have the legal capacity necessary for that, or failing that they have the authorization of a tutor or a curator if they are unable, of their legal representative if they are minors, or that they are holders of a mandate if they act on behalf of a legal entity.
2. Order subscription and purchasing process
The offer presented on the website is exclusively addressed to customers who have an address in one of the following countries:
Switzerland, Liechtenstein, Algeria, Albania, Bosnia and Herzegovina, Georgia, Moldova, Morocco, Russia, Tunisia, Turkey, Ukraine, Serbia, Croatia, Argentina, Australia, Bolivia, Chile, China, Colombia, Costa Rica, Ecuador, Hong Kong, Indonesia, India, Japan, Cambodia, Laos, Mexico, New Zealand, Peru, Paraguay, Uruguay, Venezuela, Singapore, Thailand, Taiwan, Vietnam, Philippines, Malaysia, United Arab Emirates, Canada, Egypt, Jordan, Lebanon, Libya, Madagascar, Qatar, Saudi Arabia, Israel, Senegal, United States, Ghana, South Africa, South Korea, Guadeloupe, Martinique, Reunion Island.
Products are sold while stocks last. The availability of the products is indicated on the site, in the descriptive sheet of each article.
If, despite the vigilance of the editor, certain articles are unavailable, the customer will be informed by e-mail as soon as possible. The customer would be proposed to wait for the availability of the products or a systematic cancellation of his order and a refund.
In order to place an order, the user will be able to select one or more products and add them to his basket. When his order is complete, he will be able to access his basket by clicking on the button provided for this purpose. By consulting his basket, the user will be able to check the number and nature of the products he has chosen and will be able to verify their unit price as well as the total price of the order. They will have the possibility to remove one or more products from their basket.
If the user is satisfied with his order and wishes to validate it, he can click on the validation button, he will then access a form in which he can either enter his connection identifier if he already has one, or register on the site by completing the form presented to him, with his personal information.
As soon as he is connected or after he has completed the form perfectly, the user will be invited to check or modify his delivery and billing information, to read and validate the present conditions, to confirm his order and will then be invited to make his payment by being redirected to the secure payment interface for this purpose.
Once the payment is actually received by the publisher of the site, the latter undertakes to acknowledge receipt to the user by electronic means, within a maximum period of 72 working hours.
In the same way and within the same deadlines, the publisher makes a commitment to address to the user a summary e-mail of the order in order to confirm him the treatment and to communicate him all the information relative to the order.
3. Product prices, taxes and delivery charges
The prices displayed on the site are indicated :
- either in euros, including all French taxes (French VAT and other applicable taxes), excluding participation in shipping costs, for orders delivered in France and on the customs territory of the European Union.
- or in Swiss francs, all Swiss taxes included (Swiss VAT and other applicable taxes), excluding participation in shipping costs, for orders delivered in Switzerland and Lichtenstein.
- or in dollars for orders delivered outside the customs territory of the European Union or Switzerland, excluding participation in shipping costs.
The prices are firm, without any discount or rebate. These prices can be modified at any time by the publisher. The prices displayed are valid only on the day of the order and do not carry effect for the future. The price applicable to the customer is the one in force at the time of the order.
Despite all the efforts of the publisher, it is possible that an article appearing on the site contains a price error. The editor will proceed to the price verification during the procedure of sending your article. If the corrected price is lower than the price displayed on the site, the publisher will apply the lower price and will deliver the article to the customer. If the corrected price is higher than the price displayed on the site, the publisher will inform the customer and will proceed to cancel the order unless the customer chooses to accept the order at the new price.
Delivery charges will, in any case, be indicated to the customer before any payment.
In case of delivery outside the European Union and French Overseas Departments and Territories, the user is informed that customs duties and other taxes may be payable. The necessary formalities and the payment of these duties and taxes are not the responsibility of the editor and will in any case be charged to the user. It is thus incumbent on the latter to check all these data as well as the possibilities of importation of the product with the competent authorities of the country of delivery, before any order on the site.
The sold products remain the property of the editor until complete payment of their price, in accordance with the present clause of property reserve. The risks are transferred to the customer as from the delivery of the products.
4. Payment Information
The Internet user can place an order on the present site and can make his payment by credit card, bank transfer, paypal.
Payments by credit card are made through secure transactions provided by the provider: PAYPAL.
Within the framework of the payments by bank card, the publisher of the present site does not have access to any data relating to the means of payment of the customer.
The publisher also accepts payments by bank transfer with the option of OUR costs, (all costs to be paid by the client). In this case the shipment will only take place after receipt of the transfer. This means of payment necessarily extends the delivery time. If the transfer is not received one week after the order, the publisher is entitled to cancel the customer's order.
The delivery periods defined in the article below only start to run from the date of effective receipt of payment by the seller, the latter being able to prove it by any means. If the customer does not receive payment within eight days of the order, the order will be cancelled and the products will be put back on sale on the site.
The failure to pay at its term of any sum due to the publisher will give rise to the collection of penalties equal to (3) three times the legal interest rate to which will be added a fixed indemnity of 40 euros for collection costs. These penalties will be due from the day after the due date of the unpaid amounts, without prior formal notice.
5. Delivery or provision
a) Time frame
Orders are delivered by La Poste, Exapaq, or any carrier designated by the publisher within 30 working days from the date of full collection of the price corresponding to the consideration, by the seller for deliveries in Switzerland and within the European customs territory. Outside these 2 zones, delivery times depend on the country and region of destination.
Certain products or certain volumes of order can nevertheless justify a longer delivery time, it will be expressly mentioned to the attention of the user during the validation of the order.
Some items are not in stock, they will be ordered and produced after receipt of payment from the user. The delivery time for these specific products is 15 to 35 working days for so-called standard products and 45 to 50 working days for custom-made products.
b) Damage and partial loss
In the event of delivery of a package that is obviously and visibly deteriorated, incomplete or containing damaged objects, it is up to the customer to refuse it in order to benefit from the guarantee offered by the carrier. The user must also inform the publisher without delay, so that a new package can be prepared, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in the present general conditions will no longer be applicable.
Likewise, the user must refuse any package that is incomplete or contains damaged items. Indeed, receipt of the items transported extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, following that of receipt, the recipient has not notified the carrier, by registered letter, of his justified protest. Failure to carry out this formality will result in the user not being entitled to compensation.
c) Bulky products
Unless otherwise indicated on the site, the products will be delivered to the address indicated by the user, on the first floor only, by means of a vehicle that can reach the size of a semi-trailer truck. By validating his order, the user therefore undertakes to guarantee the accessibility of the place of delivery to the vehicle defined above and to be present on the day and at the time set for delivery.
To this end, the user also undertakes to provide a valid telephone number and accepts that this number be communicated to the carrier in order to agree on the date and time of delivery.
The user acknowledges being fully informed that the delivery will consist of the provision of the products ordered and that the installation or installation of the products will be at his expense and under his responsibility.
6. Customer service and right of withdrawal
a) Customer Service
The customer service department of this site is accessible from Monday to Friday from 9am to 5pm via the contact page or by post at the following address: E-FACTORY SARL, Route de la Vallée 9B, 1180 Rolle, Switzerland. The publisher commits himself bringing an answer within two working days.
b) Right of withdrawal and return of products
Consumers have a period of 14 clear days from the date of receipt of the package to request a refund. In order to exercise this right, it is enough for them to notify the editor by means of the form of retraction appearing at the end of the general conditions or of a declaration devoid of ambiguity.
In case of withdrawal, the publisher will reimburse the customer for the sums paid, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a mode of delivery other than the less expensive standard mode of delivery proposed by the publisher) as soon as possible and no later than 14 days from receipt of the product or proof of shipment of the product, the date chosen being that of the first of these facts.
The return must be made (at the customer's expense) at the latest within 14 days from the notification of withdrawal. Any return must be complete (original packaging, instructions, accessories, copy of the invoice) and the returned products must be in perfect condition for resale. The responsibility of the customer will be engaged only with regard to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this good.
Consumers will not be able to in no case to claim the exercise of any right of retraction for orders of all products clearly personalized or made to their specifications.
7. Warranty for products purchased on this site
In the event of a defect in a product purchased on this site, the user has a period of two years from the discovery of the said defect to request the exchange or reimbursement of the product, and he will have a period of two years from receipt of the said product to request its repair or reimbursement, in the event that the goods delivered do not conform, in the sense given to this word by the aforementioned article. In order to exercise one of these rights, it will be up to the customer to contact the customer service of the publisher.
Certain objects acquired on this site benefit, in addition to the guarantee of the hidden defects as well as the guarantee of good conformity which are, if necessary, always applicable to them and which are defined above, of a conventional guarantee offered by the salesman or the manufacturer, whose duration will be likely to vary according to the product, and which will be in particular detailed on the descriptive sheet and the note of use of the product.
Damages resulting from unsuitable use or misuse are not guaranteed. Any intervention on a sail or an accessory under warranty must be the subject of an express written agreement of the editor, under penalty of nullity of the warranty. When the customer wishes to benefit from the guarantee, he must systematically contact the publisher beforehand, then follow the instructions. The publisher will only take charge of the shipping or transport costs if the intervention under guarantee has been accepted and the customer has followed the instructions relating to it.
The editor declines any responsibility in the hypothesis where the delivered article would not respect the legislation of the country of delivery outside the European Union and Switzerland..
8. Provisions specific to the nature of certain products
The mandatory postings required by the legislative and regulatory provisions in force are made on this site, and in particular in the descriptive sheet of each article.
9. User space
The creation of a user account is an essential prerequisite for any user order. To this end, the user will be asked to provide a certain amount of personal information. The user undertakes to provide accurate information under penalty of termination of the contract at the initiative of the publisher and deletion of the user account.
Certain information will be considered indispensable to the conclusion of the contract and their collection will be indispensable for the creation of the account and the validation of the conclusion of the contract. The refusal by a user to provide said information will have the effect of preventing the creation of the user account as well as, incidentally, the validation of the order.
This space allows the user to consult all his orders made on the site, and also allows him, if necessary, to follow the delivery of the products purchased.
If the data contained in the user account were to disappear following a fortuitous event, a technical breakdown or a case of force majeure, the responsibility of the publisher of the present site could not be engaged, this information having no probative value but only an informative character. The publisher commits himself however to keep in a secure way all the contractual elements whose conservation is required by the law or the regulation in force.
The editor reserves the exclusive right to delete the account of any user who would have contravened the present general conditions (in particular but without this example being exhaustive, when the user will have knowingly provided erroneous information, during his registration and the constitution of his account) or any account inactive for at least one year. The said deletion shall not constitute a damage for the excluded user, who shall not be entitled to any compensation for this fact.
This exclusion is not exclusive of the possibility, for the editor, to undertake legal proceedings against the user, when the facts will have justified it.
When creating the user account, the user will be asked to choose a password. This password is the guarantee of the confidentiality of the information contained in his account and he is therefore prohibited from transmitting it or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a user's account.
10. Exoneration of the responsibility of the publisher
a) Accessibility to the site and force majeure
In the event of impossibility of access to the site, due to technical problems or of any nature, the user will not be able to prevail himself of a damage and will not be able to claim any compensation.
The unavailability of one or more products, even prolonged and without any limitation, cannot constitute a prejudice for the user and can in no way give rise to the granting of damages on the part of the site or its publisher.
In no case the editor does not incur any responsibility with regard to the professionals for loss of profits, commercial losses, loss of data or loss of profit or any other indirect damage or which was not foreseeable at the time of the use of the site or the conclusion of the sale contract between the editor and the customer.
The publisher can in no case be held responsible for the non-fulfillment of the contract that can be attributed to a case of force majeure, as defined by the jurisdictions of French law.
b) Visual representation of the products
The visual representations of the products, published on the present site, are guaranteed by the editor as perfectly faithful to reality, in order to satisfy his obligation of perfect information. However, in the current state of the art, the rendering of these representations, particularly in terms of color or shape, may vary significantly from one computer to another or differ from reality depending on the quality of the graphic accessories and the screen or the resolution of the display. These variations and differences could in no hypothesis be imputed to the publisher who will not be able to in no case even its responsibility engaged of this fact.
c) Products sold on the site
The publisher undertakes to comply with all applicable provisions in force in France and cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in other countries.
The publisher of the present site could not be held responsible for the misuse of the products, the bad maintenance of the products, the accidental damages or the abusive use of the products.
The products offered for sale on the site being sold uninstalled, the user declares that he is responsible for the installation of the products, which he must carry out according to the rules of art.
d) Hypertext links
The hypertext links present on the present site can refer to other websites and the responsibility of the publisher of the present site cannot be engaged if the contents of these sites contravene the legislations in force. Likewise, the responsibility of the publisher of the present site could not be engaged if the visit, by the user, of one of these sites, would cause him a prejudice.
11. Visitor contributions and product evaluations
The user is offered the possibility to publish comments on the products offered by this site. He will also have, if necessary, the faculty to give a mark to the product.
The content of the comments and contributions must be strictly in accordance with public order and morality and must not have as its object an illicit or illegal activity. The user also undertakes to respect the rights of third parties.
The publisher of this site reserves the right to delete or modify any message that may contravene this article without notice or compensation.
12. Newsletter of the publisher and its partners
By ticking the box provided for this purpose or by expressly giving their agreement to this end, the user accepts that the publisher may send them, at a frequency and in a form that it will determine, a newsletter (newsletter) that may contain information relating to its activity. When the user ticks the box provided for this purpose, he agrees to receive commercial offers from the publisher of this site for products and services similar to those ordered.
Subscribed users will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
Likewise, users who have agreed to the communication of personal data (and in particular their e-mail address) to third party partners of this site by ticking the box provided for this purpose, may receive newsletters issued by these partners, commercially or otherwise, at the frequencies and in the forms determined by the said partners.
The user has at any time the option to unsubscribe by clicking on the link provided for this purpose, present on each of the newsletters (newsletters) issued by these partners. Failing this, the user has the possibility to unsubscribe by contacting directly the issuer(s) of the said newsletters (newsletters). The publisher of the present website cannot be held responsible for the content, the data or the forms of the newsletters sent by the said partners, regardless of the prejudice that would have been suffered by the user. Any complaint must be made directly to the issuer of the newsletter (newsletter).
13. Information relating to the Federal Data Protection Act
a) General - Purpose - Duration
The user is free to provide personal information about himself or herself. The provision of personal information is not essential for browsing the site. On the other hand, registration on the present site implies the collection, by the editor, of a certain number of personal information concerning the user. The user who does not wish to provide the information necessary for the creation of a user account will not be able to place an order on the present site.
The collected data is necessary for the good administration of the services proposed on the present site as well as the respect of its contractual obligations by the editor. This data is kept by the editor in this unique quality, and the editor commits himself not to use it in another frame, nor to transmit it to third parties, except with the express agreement of the users or cases provided for by the law.
The contact details of all users registered on this site are saved for a maximum period of 12 months from the deletion of the personal space, a reasonable period necessary for the good administration of the site and a normal use of the data. This data is kept in secure conditions, according to the current means of technology.
b) Right of access, rectification and opposition
The user has a right of opposition, interrogation, access and rectification of the data he has provided. To do so, he just has to make a request to the publisher of this site, via our contact page or by mail to the address of the publisher's headquarters mentioned at the head of these terms and conditions.
The personal data collected is subject to computer processing and is exclusively reserved for the publisher of the site.
The person in charge of the treatment is Rémi Finel.
c) IP address
In addition, the publisher reserves the right to collect the public IP (Internet Protocol) address of any user. The collection of this IP address will be carried out anonymously, it will be kept for the same duration as the personal information and will be intended only to allow a good administration of the services proposed on the present site. The IP address corresponds to a series of numbers separated by dots allowing the unique identification of a computer.
14. Information relating to the collection of "cookies".
a) General - Purpose - Duration
In order to allow the user an optimal navigation on the present site as well as a better functioning of the various interfaces and applications, the editor will be able to proceed to the implantation of a cookie on his computer. This cookie makes it possible to store information relating to the navigation on the site (date, page, hours), as well as possible data seized by the user during his visit (research, login, email, password). These cookies are intended to be stored on the user's computer for a variable period of up to 12 months, and may be read and used by the publisher during a subsequent visit by the user to this site.
b) Right of opposition to the implantation of the cookie
The user has the possibility to block, modify the retention period, or delete this cookie via the interface of his browser (usually: tools or options / privacy or confidentiality). In such a case, navigation on this site will not be optimised. If the systematic deactivation of cookies on the user's browser prevents the user from using certain services or features provided by the publisher, this malfunction can in no way constitute a damage for the user who can not claim any compensation for this fact.
c) Deletion of cookies
The user also has the possibility of deleting cookies previously present on his computer, by going to the menu of their browser provided for this purpose (usually tools or options / privacy or confidentiality). Such an action does not affect its navigation on this site, but makes the user lose all the benefit provided by the cookie. In this case, he will have to re-enter all the information concerning him.
15. Intellectual property on the elements of the site
All the elements constituting the present site belong to the editor or are the subject of an authorisation of exploitation and are protected by the legislation relating to the intellectual property.
The user thus recognises that, in the absence of authorisation, any total or partial copy and any distribution or exploitation of one or more of these elements, even modified, will be likely to give place to legal proceedings carried out against him by the editor or his assigns.
This protection will apply to all the textual and graphic contents of the site, but also to its structure, its name and its graphic charter.
Likewise, the user acknowledges being informed that the matrix of the present general conditions has been filed with a bailiff and that any reproduction, even partial, of this document may be subject to legal proceedings for economic parasitism.
16. General provisions and applicable law
a) Modification of the general terms and conditions
The present general conditions can be modified at any time by the publisher of the site or his representative. The general conditions applicable to the user are those in force on the day of his order. The publisher commits himself obviously to keep all his former general conditions and to send them to any user who would make the request.
b) Applicable law and competent jurisdictions
These general terms and conditions of sale are subject to Swiss law and the Vienna Convention on Contracts for the International Sale of Goods.
The language of the contract is French, any version available in a foreign language on the site is for information purposes only. Similarly, this site may be translated into various languages in order to facilitate navigation for non-French-speaking users who wish to order on the site.
For all disputes relating to the commercial relationship between the publisher and the user, the place of jurisdiction is Lausanne, Vaud, Switzerland.
c) Amicable settlement of disputes
Except in the case of public order provisions, all disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the site publisher's discretion with a view to an amicable settlement. It is expressly reminded that requests for amicable settlement do not suspend the time limits open for taking legal action.
If one of the clauses of the present general terms and conditions were to be declared null and void by a court decision, this nullity would not entail the nullity of all the other clauses, which would continue to produce their effect.
e) Non renunciation
The fact, for the parties, of not taking advantage on a temporary or permanent basis of one or more clauses of the present general conditions, will in no case entail a waiver of the right to take advantage of the rest of the general conditions.
If a consumer wishes to cancel his order, he can use the withdrawal form made available on the site.