Legal notice - Foolfashion

Terms and conditions of sale

 

1.  Applicability and scope

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply to all business relations between Foolfashion SA (hereinafter referred to as "Foolfashion SA", "we" or "the company") and the customer (hereinafter referred to as "the customer", "the buyer" or "you") concerning physical products (hereinafter referred to as "products" or "goods") and/or digital products (hereinafter referred to as "digital products") or both (hereinafter referred to as "products") purchased online via our website https://www.foolfashion.ch/en/ (hereinafterès dénameé "webshop" or "website").

The website and online store is operated by :

FOOLFASHION SA

Route Suisse, 26 in 1163 Etoy

CHE-173.836.199

Telephone: +41 21 808 01 11

E-mail: hello@foolfashion.ch

Individual agreements made with the customer take precedence over these GTC. No conflicting or deviating conditions on the part of the customer shall be recognized.

Foolfashion SA reserves the right to modify these GTC at any time. All changes take effect upon publication on the website. The decisive moment of applicability of the new GTC is the date of delivery of a firm order when purchasing one of our products.

Please read our terms and conditions carefully before placing a firm order. By placing a binding order for one or more of our products, you declare that you accept these general terms and conditions and the related privacy statement. You also declare that you are legally entitled to enter into binding contracts and that you are at least 18 years old.

2.  Conclusion of a sales contract

The presentation of the products in the online store does not represent a legally binding offer for which the seller is responsible, but merely a non-binding online catalog or an invitation to customers to place an order for one of our products in the online store. Foolfashion AG expressly reserves the right to make changes at any time and without prior notice to the products offered online and to the associated content, such as illustrations, product range, prices and descriptions. Images, representations, podcasts, brochures, advertising and any other information relating to our products are for information purposes only and are not binding on Foolfashion AG.

The customer can place a firm order for the products he has selected via our online store. The customer may also place the products he has selected in the "shopping basket" without this being considered a firm order. A firm order is considered to be any order that has been validly finalized, the last step being to click on the "Finalize order" button at the end of the order process. Prior to the final dispatch of an order, the customer may at any time change the data entered, identify any errors and rectify them if necessary.

An order confirmation will be sent immediately and automatically by e-mail to the customer. This confirmation e-mail contains your order details and the T&C that you accepted during the ordering process. The confirmation e-mail only serves to inform you that we have received your order. This automatic order confirmation does not yet constitute a sales contract. By placing an order, you confirm that you have read our terms and conditions and accept them without reservation. We recommend that you print out the terms and conditions and the order confirmation, or save them on your computer.

After you have placed a binding order, Foolfashion SA is free to accept it at its sole discretion or to refuse it by informing you by e-mail and declining all responsibility towards you or third parties. Any payment already made will be reimbursed upon cancellation of the order. Reasons for refusing an order may include, for example, the fact that a product is no longer available, that we have not received any proof of payment from the customer, or where there is reason to believe that the customer is acting fraudulently or in a manner that is criminally reprehensible in relation to the GTC or individual agreements, or for any other serious reason.

Once your order has been accepted, the sales contract becomes legally binding. Acceptance of the order is evidenced by the preparation of the digital or physical products.

Any commercial distribution or resale of our products is strictly prohibited.

3.  Availability and performance reserve for non-deliverable products

All information relating to product availability, shipment and delivery are general and indicative. They do not represent binding or guaranteed information. Any liability for unavailability of products is expressly excluded.

Our goods are available while stocks last. If Foolfashion SA becomes aware, during the processing of your order, that the products ordered are no longer available, you will be informed immediately. In this case, no sales contract can be concluded for products that cannot be delivered.

Our digital products are always available if they are offered in the online store. If Foolfashion AG becomes aware during the processing of your order that the digital products ordered are no longer available, you will be informed immediately. In this case, no sales contract can be concluded for products that cannot be delivered.

In addition, we reserve the right to limit the number of items that can be purchased by a customer. In this case, the customer will be informed by e-mail.

4.  Prices and shipping costs

Our products and prices correspond to those shown on the website. All prices are quoted in CHF (Swiss francs) and include the statutory value-added tax (VAT). The total price of your order, including all ancillary and shipping costs as well as the corresponding VAT in your country, appears at the end of the order process. Deliveries are only available within Switzerland and Liechtenstein.

Foolfashion SA offers free delivery on orders of CHF 139.00 and over.

By placing a firm order, you declare that you accept the total price of the products ordered. Once you have placed a firm order, the price cannot be modified, except for shipping costs. In the case of packages weighing more than 10 kilos, an e-mail will be sent to you to adjust the shipping costs.

Foolfashion SA reserves the right to change prices at any time. Products will be invoiced at the price indicated at the time of the firm order.

5.  Terms of payment/Credit check

Orders are normally payable immediately.

The customer may use the means of payment indicated on the website or during the order process. These may vary from time to time and from country to country. In addition, we reserve the right not to offer certain methods of payment on a case-by-case basis and to offer others (depending on the customer's creditworthiness, in order to cover our credit risk). The customer expressly authorizes Foolfashion AG to carry out credit checks and to pass on any customer data to third parties for this purpose.

By choosing a payment method, the customer authorizes payment, either by providing credit card details or by communicating access data to a payment service provider. The customer authorizes Foolfashion SA to approve or receive payment by the chosen method. In the event of cancellation of debits, Foolfashion AG is entitled to reimbursement of the associated costs and bank charges. Furthermore, Foolfashion SA is not liable for any fees or other amounts that your credit card issuer or bank may charge you as a result of processing payment for your order.

If you pay using a credit card or an alternative payment method, we reserve the right to check your card's validity, limit and address details, and to ask the card issuer or payment service provider for authorization. In addition, you confirm that the credit card is valid and that the card details are correct. If payment is refused, Foolfashion SA reserves the right to cancel the order and suspend shipment of the goods. In this case, we will contact you immediately.

In the case of payment by invoice, the customer receives the invoice together with a payment slip when the goods are delivered, or by e-mail. Payment must be made on the payment slip attached to the invoice within the period indicated on the invoice. If payment is not made on time, Foolfashion SA is entitled to charge CHF 20.00 for each reminder, plus collection costs and interest on arrears as stipulated by law. If it appears necessary to take legal action, an additional amount of at least CHF 200.00 will be charged.

6.  Terms of delivery

Delivery is normally made via the Swiss Post AG delivery service. Foolfashion AG assumes the shipping costs for deliveries within Switzerland for orders over CHF 139. The desired delivery service can be selected online during the order process. Any resulting costs must be paid in advance by the customer.

Foolfashion SA is not liable for any loss of parcel during delivery or otherwise. Once your parcel has been handed over to Swiss Post AG, the carrier is fully responsible for the goods. In the event of loss or any other incident occurring during delivery, the customer must initiate proceedings with Swiss Post Ltd.

Products that you order from our online store and that we have in stock will be delivered to you within 2 to 5 working days after receipt of full payment. You can use [le numéro d’envoi] to track your order in real time.

When products are listed as being out of stock at the time of ordering, Foolfashion SA will endeavor to deliver them as soon as possible after restocking. Foolfashion SA will make every effort to meet the stated delivery times. However, Foolfashion AG is not responsible for delays in delivery, regardless of the cause. Should the delivery of your goods be delayed, we will inform you as soon as possible.

If delivery has still not been made [3] weeks after the initially agreed delivery date, the customer is entitled to cancel the order, except for special and/or customized orders. All other claims, in particular for damages, are excluded.

7.  Reservation of ownership

Foolfashion SA retains ownership of the goods delivered until full payment has been received. The rights of use applicable to digital products are set out in section II.

8.  Right of revocation and right of return

Conditions

For any purchase of our products via our online store (with the exception of certain products; see below for revocation restrictions), you have the following rights as a consumer[1], you have the right to cancel the contract within 14 days of receipt of the goods, without having to give any reasons. Within 14 days of receipt of the goods, you or a third party other than the carrier appointed by you may withdraw from the contract by returning the goods to us [Foolfashion SA, Route Suisse, 26 à 1163 Etoy] or inform us of the formal revocation of the contract in writing (by making the return request via your customer account). Merchandise may not be returned to a Franchisee store. The 14-day return period begins on the day of receipt of the goods and is valid as long as the goods or the letter of revocation are sent to the post office or another transport company by the last day of the period. You must use the revocation template available in your customer account under the heading of the order concerned.

The condition for exercising the right of revocation is that the goods must be unused, undamaged and returned to us in their original packaging and labels. In addition to the duly completed confirmation of receipt, the goods must be returned to the following address:

Foolfashion SA, Route Suisse, 26 in 1163 Etoy

Consequences of revocation

If you withdraw from the contract and the goods are duly returned, we will reimburse you the full price of the goods, including delivery costs, in the form of a voucher (with the exception of any resulting costs if you have opted for a delivery method other than the more economical standard delivery offered by us), within 14 days at the latest from the date on which we acknowledge receipt of the withdrawal from the contract or the returned goods. Refunds will be made in the form of a credit note, unless otherwise expressly agreed before the goods are returned. Foolfashion AG accepts no liability in this respect.

We may defer reimbursement until the goods have been recovered or until you have provided proof of shipment of the goods, whichever comes first.

You shall only be liable for any loss of value of the goods if this is the result of handling which was not necessary when checking the characteristics, properties and function of the goods.

Restrictions on the right of revocation

The right of revocation does not apply to the following contracts:

-       delivery of products that have been packaged to your own specifications, or those that have clearly been adapted to your needs (customized products, individualized products);

-       when the delivery concerns products that have been opened after delivery and are no longer suitable for return for health or hygiene reasons, e.g. food supplements

-       products subject to discounts, rebates or promotional campaigns

-       safety products, such as helmets and airbags

. the right is not valid in the event of abuse on the part of the customer of the use of gift cards, sponsoring cards, or accumulation of offers

In the event of a return without purchase, the customer will be liable for the cost of postage and payment taxes. A flat rate of CHF 10.00 will be charged for all logistics, packaging and handling.

9.  Notification of defects/warranty

Foolfashion AG warrants that the goods meet the quality standards described and that they are free from defects that affect their value or fitness for purpose.

After receipt of the goods, the customer must immediately check that the delivered product is correct, complete and free of damage. Any defects or damage must be reported to Foolfashion AG within [3] working days. Defects which could not be detected during a proper inspection and which were detected only after the fact must be reported in writing immediately after their identification. If you do not check the defect or report it immediately, the product is deemed to have been accepted and you are no longer entitled to make any claims against us.

The statutory warranty provisions for manufacturing, material or production defects apply. The warranty period begins on receipt of the product. Products which have been damaged through the fault of the purchaser are excluded from the warranty. Please note that the warranty is different for each product.

The customer's warranty rights are limited to [une livraison de remplacement ou correction des défauts/réfection à l‘exception de toute autre prétention, y compris la réduction ou le remplacement de dommages indirects ou consécutifs]. Foolfashion AG decides at its sole discretion whether to make a replacement delivery or to repair the product. Should subsequent delivery or repair fail, the customer is entitled to withdraw from the contract in the event of serious defects.

If you have a complaint or any other technical question, please contact us at the following address, quoting your order number and customer number, a description of the defects found and any other information that may be useful to us:

Foolfashion SA, e-mail: hello@foolfashion.ch

The defective product must be returned to the above address of Foolfashion SA with a copy of the invoice and a detailed description of the defect. The return of a product is at the customer's expense and risk. Please keep the documents proving the return of your goods, otherwise we will not be able to process your claim in the event of a lost parcel.

10.Create an account

After creating a customer account and registering, you can download digital products, check the status of past, current or recently ordered products, view your address details, manage and save any payment details and newsletter. As your data is saved in this way, you are no longer obliged to re-enter it when you make a new purchase.

When you create such an account, you undertake to ensure that your personal data is complete and truthful. You are obliged to treat access data confidentially and not to make it accessible to unauthorized third parties. Foolfashion SA guarantees to treat your data confidentially and not to pass it on to unauthorized third parties. Further information on data protection can be found in our privacy statement.

Registration is free of charge. Each customer is entitled to only one account. We reserve the right to delete certain applications and to warn, close, delete or modify the content of customer accounts that contravene our terms and conditions or individual agreements.

Foolfashion SA is under no obligation to register a customer's account or to accept an order from a registered customer.

10.1 Loyalty program/Vouchers/Contest vouchers/Partner program

A new loyalty program has been in place since November 10, 2023, based on the following parameters: CHF 1.- = 1 point. When the customer spends a total of CHF 500, a CHF 50 loyalty voucher is issued. This is valid for 3 months after the last checkout, and can be used in a single transaction. All Foolfashion boutiques are covered by this loyalty program. The loyalty program is specific to the website https://www.foolfashion.ch/en/ and vouchers cannot be used in the boutique network. The loyalty program specific to the Foolfashion boutique network can only be used in the Etoy, Nyon, Assens, Matigny and La Chaux de Fonds boutiques.

No order will be modified if a voucher or other discount is forgotten.

Competition vouchers issued for equestrian events are only valid in the Foolfashion boutique network and cannot be accumulated. Foolfashion SA strives to sponsor as many events as possible throughout the year.

Customers benefiting from the partner program cannot combine coupons or other discounts with their partner program discount. The partner program is not valid in all Foolfashion boutiques.

No vouchers, credits or benefits can be given in cash or any other monetary value. CSO vouchers are not valid on sales or other promotions such as Black Friday.

11.Claims and complaints

We attach great importance to customer satisfaction. You can reach us at any time using the contact details above. We will endeavor to answer your questions and investigate your complaints as quickly as possible. We will contact you as soon as we have received your documents, entries or complaints. If you have any claims or complaints, please help us to identify the exact problem, if necessary by enclosing a copy of your order or at least your order number and customer number etc. We will endeavour to reply within [5] working days.

    12.Responsabilité[2]

If Foolfashion AG breaches its obligations under these GTC and the resulting contractual relationship, it is liable [for any proven damage caused by intent or gross negligence. Liability is expressly excluded for slight or moderate negligence or for consequential damage, whether based on contract, breach of contract or any other reason. Direct damage includes, for example, loss of profit, damage to property, damage to reputation, damage caused by computer viruses or loss of data due to a temporary impairment or interruption of Foolfashion AG's services. Furthermore, Foolfashion AG assumes no contractual or extra-contractual liability for damages caused by auxiliary persons engaged to provide the service.

The aforementioned exceptions and limitations of Foolfashion AG's liability do not apply in the case of direct and culpable injury to life, body and health or in the case of mandatory legal regulations, including those of the Product Liability Act.

Subject to the above, the liability of Foolfashion AG under these GTC is limited to the price of the goods ordered by the customer from us - irrespective of the merits and to the extent legally permissible]

Events outside our sphere of influence

In the event of events beyond our sphere of influence and control (force majeure), we accept no liability for non-performance or delay in performance of our obligations under these GTC and the resulting contractual relationship. For example, the following events are deemed to be beyond our sphere of influence:

Strikes, blockades or other industrial operations caused by third parties, invasions, terrorist attacks, wars, fires, explosions, storms, floods, earthquakes, landslides, epidemics, pandemics, other natural disasters, breakdown of public or private communications networks, impossibility of using railways, waterways, airways, of driving a vehicle or any other means of travelling by private or public transport.

Should any of these events affect the fulfilment of our contractual obligations, we will inform you as soon as possible.

13.Protection data

Foolfashion SA collects and processes personal data only within the scope of the statutory provisions, with particular attention being paid to compliance with the current Data Protection Act. Further information on the processing of your personal data, your rights and any related issues can be found in our privacy statement. This information also forms an integral part of these GTC.

14.Droit author

The information and content published on the website are protected by copyright and are the property of Foolfashion AG or the corresponding legal owner. Any reproduction, processing, distribution or other form of use requires the prior written consent of the copyright holder. Foolfashion AG and the copyright holder expressly reserve all rights thereto.

15.Safeguard clause

If any provision of these GTC should, for any reason whatsoever, be contrary to law, null and void, the validity of the remaining provisions shall not be affected thereby. Unless otherwise agreed, the invalid provision will be replaced by an effective provision with the same meaning, purpose and economic objective as agreed by the parties at the time the contract was concluded. The same applies in the event of a legal loophole in these GTC.

16.Droit applicable and jurisdiction

Swiss substantive law applies exclusively to these GTC, to the contractual relationship arising therefrom and in the event of disputes, to the exclusion of conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for natural persons is the registered office of Foolfashion AG or the customer's domicile. For legal entities, the exclusive place of jurisdiction is the registered office of Foolfashion AG.

These provisions only apply insofar as there are no binding provisions under the law of the state in which the consumer has his habitual residence. If such provisions exist, they take precedence over these GTC.

Etoy, November 10, 2023.

Foolfashion SA

Route Suisse, 26

CH-1163 ETOY

 

 

 



[1] Consumers within the meaning of EU Directive 2011/83 on consumer rights are natural persons acting outside their commercial, industrial, craft or professional activities.

[2] Liability can be regulated differently within the legally permissible framework, in particular by taking into account the exclusion of liability for defects under art. 199 CO (according to which any clause which removes or restricts the warranty is void if the seller has fraudulently concealed defects from the buyer) and also in application of art. 8 UWG concerning the use of unfair trading conditions.