GENERAL CONDITIONS OF SALE
1. OBJECT :
The General Conditions of Sale are intended to define the contractual relationship between AOKAS Sàrl and the customer as well as the conditions applied to the purchase of products online at www.aokas.ch.
2. PREAMBLE
These General Terms and Conditions of Sale govern the rights and obligations of the parties in the context of online sales offered by AOKAS Sàrl.
These Terms and Conditions are concluded between:
The company AOKAS Sàrl, holder of the domain name www.aokas.ch, UID-Register CHE-461.528.812, head office at: Grand Rue 26, 1268 Begnins, in the canton of Vaud in Switzerland, hereinafter referred to as “AOKAS Sàrl”,
And/or any individuals or legal entities making a purchase on www.aokas.ch website, hereinafter referred to as “the customer”.
The following definitions apply in these general conditions of sale:
- “Website”: means the website accessible at aokas.ch
- “Customer”: signifies the buyer / consumer placing an order on the website aokas.ch using the shopping cart or placing an order by e-mail or telephone.
- “Order”: refers to the sales contract concluded between the Customer and AOKAS Sàrl holder of the domain name aokas.ch
- “Recipient”: means the physical person designated by the customer to receive the order.
3. GENERAL PROVISIONS
3.1 Integrality :
These conditions stipulate the entire obligations of the parties. Hence the Customer acknowledges having read the terms and conditions of sale, and expressly accepted them when he has confirmed his order on the Website.
Regarding orders that are not placed online on the Website but by e-mail, phone, private event, etc., the Customer acknowledges having read and expressly accepted the terms and conditions of sale as soon as he has received and has not disputed his order confirmation email. By accepting the general conditions of sale, the Customer accepts without reservation all the stipulations provided for in these conditions.
The general conditions of sale are applicable on the Website at the date of validation of the order by the Customer. The general conditions of sale are valid for the necessary duration for the shipment of the goods and services subscribed to, until the extinction of their guarantees. No other general or specific condition in the documents sent or delivered by the Customer will be integrated into the existing conditions, since these documents would be incompatible with these general conditions.
3.2 Accessibility of the general conditions of sale :
Any customer can read the general conditions of sale on the website www.aokas.ch by clicking on the hypertext link at the bottom of each page of the website. The conditions of sale may be subject to change, the conditions applicable are those in effect on the website at the date of placing the order.
3.3 Legal capacity of the customer :
When passing an order, the customer confirms being aged at least 18 years old or having obtained the approval by the authorized person at the date of the validation of the order. At the date of payment of the order, the customer acknowledges having full legal capacity to engage in a contractual agreement with Aokas Sàrl ruled by the present GTS.
3.4 Duration :
“The General terms of sales are applicable for all orders placed with the company AOKAS Sàrl depending on the date of the order.”
3.5 Fair trade :
AOKAS Sàrl guarantees that all products sold on its website www.aokas.ch are produced under fair trade principals. In order to agree on the guidelines, a charter (based on Fair Trade principles) is signed by all parties (suppliers / partners / AOKAS Sàrl).
4. WARRANTY (WARRANTY TERMS AND CONDITIONS APPLICABLE TO THE GOODS SOLD DURING THE TRANSACTION).
4.1 Product features and prices :
AOKAS Sàrl presents on its Website the products as well as their detailed descriptions allowing the Customer to know, before their final order, their essential characteristics. The pictures of the products presented on the Website are as faithful as possible but cannot ensure a perfect similarity with the products offered, particularly in regards to colors. Craft items are unique pieces made by hand or in limited series, therefore some slight differences can be seen from one item to another; possibly in shape, measurements and/or hues.
4.2 Availability of products and validity of the offer :
The products and the prices listed on the Website are valid for the current day. It is also specified that the simple fact of adding a product in the basket is not a validation of order. In other words, the product can become unavailable between the moment of the addition in the basket and the validation of the order by the Customer. If the unavailability of the product is noticed after validation of the payment, AOKAS Sàrl undertakes to immediately contact the Customer in order to propose the complete refund of the price of the missing article or its replacement by an article of the same value.
Once the order is complete and the payment made, the contract is concluded. In case the good are unavailable definitively, the contract is void. Any liability is excluded in the event that a delivery cannot be executed due to the exhaustion of the stock, the unavailability of products or for any other reason. A signaling system indicates if the product is available in the website shop. The contract can be in French or English.
For more information on deliveries, please see Delivery.
4.3 Defective article :
AOKAS Sàrl pays the utmost attention to the quality of its products. If however, despite all the quality checks carried out, a defect is to be reported, we invite the client to make a complaint to the Customer Service by e-mail to weare@aokas.ch within a maximum of five days from the delivery of the command. After this period, no claim will be taken into account.
AOKAS Sàrl does not respond to defects that the buyer knew at the time of sale or defects that the buyer should have noticed himself by examining the thing with sufficient attention.
The customer has the obligation to verify the state of the received product as soon as he can and, if he discovers defects of which AOKAS Sàrl is guarantor, he must inform the company without delay. Otherwise, the product is held to be accepted by the customer, unless there are defects that the buyer could not discover using the usual checks. Howsoever, if defects of this kind are found later, they must be reported immediately; otherwise, the product is held to be accepted, even with these defects.
The complaint must be motivated and accompanied by proof of the defect (for example: pictures). Upon receipt of the complaint formulated by the customer, AOKAS Sàrl undertakes to send by e-mail to the Customer, an acknowledgment of receipt indicating the consideration of his claim. No return is accepted without prior agreement of our service by email and therefore no credit will be made without this agreement.
In case of proven defect, the refund including the price of the product concerned will be made without delay, within the ten working days following the date of “notification”. In case of proven defect, the refund including the price of the product concerned will be made without delay, within the ten working days following the date of “notification”. AOKAS Sàrl can also offer an exchange of the article or a repair of the article depending on the case.
The customer returns the goods in their original packaging, accompanied by a copy of the invoice, to the address indicated in the email (“AOKAS Sàrl, Route de Nyon 21, 1196 Gland”).
Damages attributable solely to the purchaser are excluded from the guarantee, i.e. those caused by improper treatment, non-compliance with the usage regulations, normal wear and tear, or external influences that do not bind the responsibility of the seller.
Normal wear is not considered a quality defect and is not covered by the warranty.
Customers are also informed that, the handicraft items sold by AOKAS Sàrl are unique pieces made by hand or in limited series, hence some slight differences may be visible from one article to another; slight differences in shape, structure and hue are therefore possible.
5. DATA PROTECTION (USE OF HARVESTED DATA, ENCRYPTION TECHNIQUES, ETC).
5.1 Confidentiality of banking data :
The information related to the means of payment used is not communicated to AOKAS Sàrl. They are encrypted and securely transmitted to the official online payment processing agency (Six Payment – Saferpay) exclusively.
5.2 Data protection :
AOKAS Sàrl recognizes the confidentiality of the information that the Customer communicates to it when ordering and undertakes not to disclose this information to third parties. AOKAS Sàrl complies with the Swiss legislation in force, including the Data Protection Act with regard to the collection, processing and use of personal data. It only deals with the data strictly necessary for the proper performance of its services. The Customer nevertheless agrees that AOKAS Sàrl uses his information for the improvement of its services and the elaboration of better offers
The Customer has the right to access, rectify and delete personal data concerning him. To exercise these rights, the user will contact AOKAS Sàrl by justifying his identity.
6. ORDERS, INVOICING, PAYMENT, VAT, ETC.
6.1 Price :
The price of the products shown on the Website are indicated in CHF (Swiss Francs) all taxes included (TTC). They are applicable during the validation of the order by the Customer and do not include the delivery costs, invoiced in addition and indicated in the section “the total price of my order” of the basket before the final validation of the order.
Prices inclusive of all taxes are subject to Swiss VAT (Value Added Tax) for products delivered within Switzerland. Any change in the legal rates of the Swiss VAT will be reflected in the price of the products and services presented on the Website, on the date stipulated by the relevant application decree. For orders delivered outside of Switzerland, the Customer will be subject to VAT applicable in his country.
6.2 Payment :
The Customer agrees to provide valid contact details when ordering and to pay the asking price.
Visa, Mastercard, Postcard, and Twint, are accepted as forms of payment; the debit on the Customer’s credit card account or on his postal account is made upon confirmation of the order (end of the operations).
Amounts debited for goods which, for any reason, cannot be delivered, are reimbursed to the account used to confirm the order.
Payments against invoice are also possible during private events only, payable within 30 days, net.
We reserve the right, in some cases, to require advance payment by credit card.
Online payments are secure. Buyers’ account number or bank cards are not communicated to AOKAS Sàrl by the official payment processing agency
6.3 AOKAS purchase vouchers:
AOKAS vouchers can be used in the AOKAS Sàrl online shop www.aokas.ch or at private events. To be valid, purchase orders must mention the place and the date of issue.
Vouchers are valid for a year from the date of issue. After a year, the vouches expire and can’t be used anymore.
To use the Voucher, at the “payment method” enter it in “Special Code”. Only one voucher can be used per order. Should the price of the item be less than the voucher, the remaining balance will be lost.
Vouchers cannot be exchanged, refunded or credited. In case of loss or theft, AOKAS Sàrl’s vouchers are not replaced.
6.4 Conclusion of the contract :
By confirming his order on www.aokas.ch, the Customer agrees to the transaction which entails a legal obligation. By accepting the order, the seller agrees to send, by e-mail, a confirmation of order and deliver the goods as quickly as possible.
7. DELIVERY. DELIVERABLE AREAS, DELIVERY TIMES, ETC.
7.1 Terms of delivery :
Once the order is confirmed by AOKAS Sàrl, the goods are sent when the amount is credited to AOKAS Sàrl’s account.
7.2 Delivery time :
Deliveries to Switzerland are done by post. The ordered will be sent by post every Fridays.
Should the products not be available in stock, a delivery time will be communicated to the customer by email and in the order confirmation.
If the customer is absent during the delivery and if the goods cannot be deposited in the mailbox, the customer will receive a receipt allowing him to withdraw the articles or to be delivered a second time: the shipments by the Post office can be withdrawn at the counter.
Differences in quantity must be notified within five days of receipt of the goods, to AOKAS Sàrl, +41 (0) 78 697 38 39 or weare@aokas.ch.
The costs resulting from the impossibility to deliver the goods to the address indicated are charged to the customer.
7.3 Shipping cost :
For Switzerland, the processing and shipping costs are:
CHF 7.- (in “Economy” – departure on Fridays arrival at destination within two working days) or CHF 9.- (in “Priority” – departure on Fridays arrival at destination the next day) for orders less than 2kg
CHF 9.70.- (in “Economy” – departure on Fridays arrival at destination within two working days) or CHF 10.70.- (in “Priority” departure on Fridays arrival at destination the next working day) for orders over 2kg
For special size items (i.e. large peace & love sign), the shipping costs are CHF 29.- (in “Economy”) or CHF 34.- (in “Priority”).
Deliveries in Europe:
For France, the processing and shipping costs are:
CHF 12.- (in “Economy”) or CHF 17.- (in “Priority”) for orders less than 2kg,
CHF 23.- (in “Economy”) or CHF 30.- (in “Priority”) for total orders exceeding 2kg,
For special size items (Peace & Love signs, cushioned meditation mat), the shipping costs are CHF 42.- (in “Economy”) or CHF 48.- (in “Priority”).
Deliveries outside of Switzerland are made by post and within the usual deadlines practiced by foreign posts (2-4 days in “Priority” departure every Friday) and (4-8 days in “Economy” departure every Friday). All shipments abroad are subject to customs duties.
Deliveries to Canada and USA (on request):
For Canada and the United States, processing and shipping charges will be provided upon request. Deliveries for Canada or the United States are made by post and this within the usual times practiced by foreign posts or carriers (between 10 to 15 days)
8. RESPONSIBILITIES. FOR INSTANCE, RESPONSIBILITIES IN CASES OF ALTERATION OF MERCHANDISE ON SENDING.
8.1 Transport Responsability:
AOKAS Sàrl undertakes to deliver the products ordered by the Customer in a closed, resistant packaging, appropriate to the content and the transport requirements. The guarantee related to the transport is valid only if the Customer or his Recipient refused the damaged parcel presented. By accepting the package, the Customer acknowledges that it has not been damaged during transport.
If the Customer realizes a defect of the ordered product when opening the parcel, the “guarantee related to the defect of an article” prevails (please refer to point 4.3 of the general conditions of sale)
In case of dispute, the original packaging must be kept until resolution of the dispute. The implementation of the transport guarantee must be subject to a request made to the Customer Service by e-mail to weare@aokas.ch within a maximum of five days from the delivery of the order. After this period, no claim will be taken into account. The complaint must be accompanied by a proof of the damage suffered (for example: pictures).
Complaints or disputes will always be received with kindness. Good faith is always presumed from the person who undertakes to expose the dispute. Upon receipt of the complaint formulated by the customer, AOKAS Sàrl undertakes to send by e-mail to the Customer, an acknowledgment of receipt indicating the consideration of his claim.
If the complaint is considered justified, the refund will be made without delay, within ten working days following the date of “notification of acceptance of assumption of responsibility” or a new article will be returned if that corresponds to the request of the customer.
8.2 Responsibility :
Any other claims of the buyer are excluded – regardless of the legal basis. The seller and his potential vicarious agents assume no liability for damages that do not affect the goods themselves; in particular, they assume no liability for lost profits or other economic losses of the buyer. This exclusion is not applicable to bodily injury, intentional or grossly negligent damage, or for damage falling within the scope of product liability law.
9. RETURNS AND GUARANTEES. POLICY ON RECOVERY OR EXCHANGE.
9.1 Return Policy :
The ordered goods may, within five days upon delivery be returned, at the expense and risk of the buyer and accompanied by the invoice, to the following address: AOKAS Sàrl, Route de Nyon 21, 1196 Gland.
Exceptions are items that have already been used or opened. The goods must be returned in its entirety, in its original packaging and without being damaged, used, soiled, …), with the indication of the order number to which the products relates to.
Any damaged product, incomplete or whose original packaging has been damaged, will not be refunded or exchanged and will be returned to the Customer at their expense.
It should be noted that the right of withdrawal cannot be exercised for personalized goods at the request of the Customer.
If the customer orders products in error, they are not taken back or refunded by AOKAS Sàrl
9.2 Refund :
In the event of exercise of the right of retraction, AOKAS Sàrl is held to refund to the Customer the total amount which he paid, without any penalty, with the exception of the shipping costs. The refund is due without delay, within ten days following the date of reception of the returned products. If the return of the product (s) purchased (s) is due to an error from AOKAS Sàrl, shipping and return costs will be fully refunded to the Customer.
10. APPLICABLE LAW AND LEGAL PROCEEDINGS. LAW AND COMPETENT COURT IN CASE OF LITIGATION (REFERENCE TO SWISS LAW).
10.1 Applicable rights :
The General Conditions of Sale are subject to Swiss law.
In the event of a dispute, the Customer may make a complaint to AOKAS Sàrl Customer Service by e-mail at weare@aokas.ch, by mail at AOKAS Sàrl, Route de Nyon 21, 1196 Gland or by telephone at +41 (0) 78 697 38 39 to find an amicable solution.
In the absence of agreement between the Parties, the dispute will be submitted to the Swiss courts, which are the only ones competent in the matter.
The legal venue is Nyon, Switzerland.
10.2 Modification of the General Conditions of Sale :
The seller reserves the right to modify at any time the General Terms of Sale. The version in force at the time of the order governs the contractual relationship between the buyer and AOKAS Sàrl.
10.3 Identification : Legal notice
This website is owned and operated by AOKAS Sàrl – Legal notice: AOKAS Sàrl, Grand Rue 26, CH – 1268 Begnins
Website: www.aokas.ch
Tel: +41 (0) 78 697 38 39
Email: weare@aokas.ch