General terms and conditions
GENERAL
These general terms and conditions of sale (hereinafter "GTCS") apply to any purchase of products or services made by a customer on the Foolfashion SNC website,https://www.foolfashion.ch/en/(hereinafter the Site).
The seller of products or services may be either Foolfashion SNC (hereinafter Foolfashion).
The masculine form "customer" used hereinafter naturally refers to both customers and clients. Conditions specific to the purchase of certain products or services are defined below. Online product and service offers are valid only as long as they are visible on the Site and within the limits of available stocks. Images appearing on the Site are for illustrative purposes only and do not form part of the contractual conditions. Information contained in catalogs and explanatory leaflets is given for information purposes only and does not constitute a contractual document.
Foolfashion SNC accepts no responsibility for any errors or omissions in drawings, images or diagrams, or in catalogs or notices.
Foolfashion SNC reserves the right to modify the GTC at any time. The version of the GTC in force at the time of the order is decisive and cannot be unilaterally modified for this order.
The GTC are available in German, French and English. In the event of discrepancies, the French version shall prevail.
All products and services offered on the Site are intended exclusively for customers whose domicile/registered office is in Switzerland or Liechtenstein.
Foolfashion SNC reserves the right to refuse orders exceeding normal household quantities.
CREATING 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.
LOYALTY PROGRAM - VOUCHERS AND PARTNER PROGRAM
A new loyalty program has been in place since November 10, 2023, based on the following parameters: CHF 1.- = 1 point. As soon as the customer spends a total of CHF 350, a loyalty voucher of CHF 20 is issued. This voucher is valid for 3 months after the last checkout, and can be used on a one-off, non-cumulative basis. All Foolfashion boutiques are covered by this loyalty program. 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.
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 redeemed for cash or any other monetary value. CSO vouchers are not valid on sales or other promotions such as Black Friday.
COMPLAINT
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.
PRICE
Prices shown on the Site are in Swiss francs only. They include all taxes (VAT) and, where applicable, the advance recycling tax (ART). However, they do not include shipping and handling costs, which will be invoiced separately. All orders are payable exclusively in Swiss francs.
Foolfashion SNC reserves the right to modify their prices at any time, but the prices invoiced to the customer for products delivered are those in force at the date of the order and which appear on the order confirmation.
In addition, promotional discounts offered as part of commercial actions on the Site are, unless otherwise stated, non-cumulative with other discounts. These special promotional discounts are deducted directly from the amount of the order.
PROMOTIONAL CODES AND THEIR USE
A promotional code is a coupon issued by Foolfashion SNC that cannot be bought or sold. They are issued by Foolfashion SNC as part of promotional campaigns for a limited period of validity.
A promotional code is systematically associated with a promotional period or event and can only be used during this defined period. Certain items may be excluded from the promotion at the discretion of Foolfashion SNC. Gift cards cannot be purchased with promotional vouchers. A promotional code may also be subject to a minimum purchase amount. The terms and conditions of the voucher are expressly stated on the voucher.
Event vouchers are subject to the terms and conditions duly accepted by the event organizer or organizing company. Vouchers are not cumulative and can only be used in the store that issued the voucher or on its website.
The sum of the merchandise must be at least equal to the amount of the promotional code. If the sum of the merchandise is greater, the customer may make up the difference using one of the payment methods offered on the Site. The exchange of a promotional code for a cash payment is strictly forbidden. No request for the return of a promotional code will be granted if the merchandise is totally or partially returned.
The promotional code must be used before completing the order. No further use is permitted. The promotion code may not be transferred to third parties.
When a promotional code has been used for a purchase, Foolfashion SNC reserves the right to invoice the customer for the original price of the goods retained by the customer if - due to the cancellation of the order by the customer - the total value of the order is less than the amount of the promotional code.
CONCLUSION OF CONTRACT
The products and prices published in the online store constitute an offer. However, this is always subject to the resolutive condition that delivery is possible or that the price indicated (by the manufacturer, by Foolfashion SNC) is free of error.
The contract is concluded as soon as the customer places an order with Foolfashion SNC. Receipt of the order is confirmed to the customer by an automatically generated e-mail sent to the address provided by the customer. The automatically generated order confirmation e-mail does not constitute a guarantee of availability or delivery. It merely indicates to the customer that Foolfashion SNC has received the order and that the contract has been concluded, provided that the price indicated corresponds to the price of the items ordered and that delivery is possible.
ORDER
An order becomes final only after its acceptance by Foolfashion SNC. Submission of the order by the customer implies acceptance of these GTC in their entirety, to the exclusion of any other terms or conditions. The conditions governing sales in Foolfashion stores or mobile stores are applicable to orders placed on the Site. Foolfashion SNC reserves the right to refuse a customer's order without justification.
IN-STORE DELIVERY AND COLLECTION
For Foolfashion SNC products and services, all delivery and collection options mentioned on the Site under "Delivery" are available to the customer.
The customer must specify a delivery address in Switzerland or Liechtenstein.
Should the customer fail to accept the goods ordered on the agreed or indicated delivery date, Foolfashion SNC may cancel the contract and reserves the right to invoice the customer for any delivery costs incurred and/or any loss of value.
CONDITIONS SPECIFIC TO CERTAIN SERVICES ON THE SITE
Click & Collect order collection
From 01.05.2024, in line with the new legislation, the delivery of bags (both paper and plastic) will be subject to a charge, including when collecting Click & Collect orders. This decision is mainly motivated by sustainability reasons, but also by new legislation prohibiting the free delivery of plastic bags in the non-food sector. If you do not wish to pick up your order in its packaging, we invite you to bring an alternative transport solution with you.
Foolfashion SNC reserves the right to cancel the contract if the customer does not collect the ordered products (from a store) within 14 working days of the agreed date.
Only products offered by Foolfashion SNC are eligible for Click & Collect.
Foolfashion gift card
The Foolfashion gift card is valid in all Foolfashion stores and on the Site. The remaining amount is carried forward and cannot be converted into cash, exchanged for a voucher or credited to a credit card. The gift card is not replaced in the event of loss or theft. Foolfashion gift cards are for personal use only. It is strictly forbidden to sell them or use them in any other way for profit.
No points are credited when gift cards are purchased. Points are credited when a Foolfashion gift card is used and on presentation of the Foolfashion customer card.
When ordering online on the website, this gift card is exclusively reserved for Foolfashion products.
Foolfashion digital gift card
The Foolfashion digital gift card is valid in all stores and on the Site up to the amount available on the card at the time of purchase. The remaining balance can be used at a later date and cannot be exchanged for cash, vouchers or credited to a credit card. The digital gift card must be treated as cash. Foolfashion accepts no responsibility and will not replace the card in the event of loss, theft, illegal copying or use by an unauthorized person. Foolfashion also reserves the right to refuse the card as a means of payment and to take legal action in the event of suspected fraud or forgery. Foolfashion gift cards are intended for personal use only, and the sale or any other lucrative use of these cards is strictly forbidden.
When ordering online on the website, this gift card is exclusively reserved for Foolfashion products. The Foolfashion gift card cannot be used to purchase a partner's offer.
PAYMENT
The price invoiced is the price indicated on the order confirmation sent to the customer. All products and services* are payable by Swissbiling invoice, Foolfashion Gift Card, Foolfashion Gift Voucher issued by Etoy or the following credit cards: EuroCard/MasterCard, Visa, American Express, Postcard, Postfinance, Twint.
The management of Swissbiling invoices is subject to an automatic solvency procedure. If you have any questions, please contact www.swissbiling.ch for all requests. Foolfashion SNC cannot be held responsible for any refusal of creditworthiness.
All payment transactions are carried out in a secure area, in accordance with the highest security standard (https://). The data recorded by Foolfashion constitutes proof of all transactions carried out between Foolfashion and its customers. The data recorded by the payment system constitutes proof of financial transactions. The credit card used for payment is only debited when the order is validated.
TWINT" PAYMENT METHOD
The TWINT payment function makes it possible to pay by smartphone and app. There are no additional costs for the customer.
General terms and conditions"Payment with Twint"
PURCHASE ON ACCOUNT" PAYMENT METHOD
In the case of returns of goods purchased using the payment-on-invoice option, postage and invoice charges are payable by the customer.
General terms and conditions https://www.swissbilling.ch/fr/conditions-generales
In the case of "Purchase on invoice", the following charges are payable by the customer:
Invoice charges: Invoice by email = Indicated at check out
Invoice charges: Invoice per item = Indicated at check out
Duplicate and address search fees. SWISSBILLING may charge a duplicate fee of CHF 5.00. If the address given by the customer at the time of ordering is not or no longer valid, SWISSBILLING is also entitled to charge a flat-rate address search fee of CHF 25.00.
Refund charges. Refunds to the customer are subject to a processing fee of CHF 25.00.
Reminder fees. When the customer is in default, he must pay SWISSBILLING a reminder fee. The reminder fee is CHF 25.00 for the first reminder and CHF 25.00 for each additional reminder. If the invoice is paid in instalments, late payment of any instalment will result in immediate payment of the balance of the invoice, including principal, costs and interest.
Collection costs. In the event of non-payment of the invoice by the due date(s) indicated, SWISSBILLING may entrust the collection to third parties and has the right to assign the invoice claim(s) in question. In the event of transfer to a collection service provider, the costs of collection processing, defined in accordance with the recommendations of the Swiss Association of Collection Companies, will be borne by SWISSBILLING
Fiduciaires de Recouvrement (www.inkassoverband.ch/fr/), are charged to the customer as follows:
- CHF 50.00 fee for invoices up to CHF 20.00;
- CHF 70.00 charge for invoices of CHF 21.00 up to CHF 50.00;
- CHF 100.00 fee for invoices of CHF 51.00 up to CHF 100.00;
- CHF 120.00 fee for invoices from CHF 101.00 up to CHF 150.00;
- CHF 149.00 for invoices of CHF 151.00 up to CHF 250.00;
- CHF 195.00 for invoices of CHF 251.00 up to CHF 500.00;
- CHF 308.00 for invoices from CHF 501.00 to CHF 1'500.00;
- CHF 448.00 for invoices of CHF 1,501.00 up to CHF 3,000.00;
- CHF 960.00 fee for invoices over CHF 3'000.00.
- In all cases, SWISSBILLING reserves the right to invoice, in addition, interest on arrears at 8% per annum, any additional damage and the costs and expenses of proceedings (legal action or other)
DEFECT NOTIFICATION / WARRANTY
Foolfashion 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.
SWISS LAW
Repair: if the contract of sale (including the general terms and conditions) stipulates that the defective item must be repaired, the buyer's right to repair may therefore exclude other statutory rights (i.e. price reduction, exchange or rescission of contract). After repair, the buyer has a further two-year warranty against the repairer for the part(s) of the item repaired, in cases where the warranty has not been previously excluded by the repairer.
Dissatisfaction: The fact that you are no longer satisfied with your goods, even though they have no defects, is not covered by the legal warranty for defects. The law does not grant you the right to return goods on the grounds that they are no longer to your satisfaction. If the seller gives you the option of exchanging or taking back the goods, he does so as a commercial gesture, not because he is obliged to do so.
Exclusion: the warranty will not be given in the event of normal wear and tear, misuse or other external interventions (e.g. dropping, impact or humidity).
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.
RETENTION OF TITLE
If products or services are ordered, they remain the property of Foolfashion until full payment has been received. Foolfashion reserves the right to make a corresponding entry in the retention of title register. Before the transfer of ownership takes place, no pledging, assignment by way of security, processing or modification is permitted without the express consent of Foolfashion.
RETURNS, WARRANTY CLAIMS AND COMPLAINTS
The customer will send claims for defective goods and/or services and returns directly to Foolfashion, according to the terms of each. The customer will settle the details of the procedure with Foolfashion. The existence of any disputes does not release the customer from its obligation to pay the full invoice or the full value of the dispute.
In the case of returns of goods purchased on account, reimbursement is made via Swissbiling, provided that the customer has paid the original invoice in full and has not made any further purchases within 60 days.
It is the customer's responsibility to check the merchandise immediately upon delivery and to make any reservations or complaints regarding any defects or non-conformities. In general, items returned incomplete, damaged or soiled by the customer will not be accepted for return. In the case of returned goods, shipping costs are at the customer's expense. If the payment method selected when placing an order is no longer available (whether Twint, credit card or other), the customer will receive the order amount in the form of a gift card. If the customer has placed an order in a store and paid for it at an in-store checkout, the refund will be in the form of a gift card.
Return conditions
Products purchased from Foolfashion may be returned to the store of purchase upon presentation of proof of purchase within 14 days of receipt, provided that they are unused, clean and undamaged, or in their original packaging. Items damaged or soiled by the customer cannot be returned.
The return of products purchased on the Site must be made via the customer account form and only returned to the website's customer service department, even in the case of Click & Collect. Return shipping costs are at the customer's expense.
It is the customer's responsibility to check the goods immediately upon receipt and to report any defects or deviations from the order. The statutory provisions governing complaints (art. 201 CO) apply.
Return policy for Folfashion products
Returns are possible within 14 calendar days of receipt or in-store collection. If the customer is unable to provide confirmation of receipt, the 14-day period is counted from the date of dispatch of the order.
In all cases, only items in their original packaging, unused, clean, complete and undamaged, accompanied by the label or proof of purchase, will be taken back.
In the case of a return, the customer is responsible for the shipping costs and bears the shipping risk. Goods can be returned by post.
If you wish to return a product by post, you will find the return authorization in your customer account once it has been validated by Foolfashion. The goods must be returned to the following address:
Foolfashion SNC
Route Suisse, 26
CH-1163 ETOY
Refunds can only be made by voucher. Therefore, no cash refunds will be made on site. The customer will receive the return amount in the form of a gift card or credit note. If the customer has placed an order in a store and paid for it at an in-store checkout, the refund will be made in the form of a gift card.
After receiving the goods, Foolfashion checks that they are in good condition and, if necessary, decides whether to issue a credit note or gift card. As soon as the distribution center has received and checked your return. If the customer has placed an order in a store and paid for it at a checkout directly in-store, the refund will be in the form of a gift card.
If the customer expressly requests a refund, an administration fee of CHF 25 will be deducted from the refund. Shipping and return costs are at the customer's expense.
Foolfashion right of return excluded
Sales cannot be returned or exchanged.
- 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
RESOLUTORY CLAUSE
Any total or partial non-fulfillment by the customer of one of its obligations, as well as the non-observance of any due date of payment can involve, with the discretion of Foolfashion, either the immediate exigibility of the sums still due with some title that it is, and the suspension of any delivery or the resolution of the contracts in progress.
RESPONSIBILITY
If Foolfashion breaches its obligations under these GTC and the resulting contractual relationship, Foolfashion 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 damages include, for example, loss of profits, property damage, damage to reputation, damage caused by computer viruses or loss of data due to a temporary impairment or interruption of Foolfashion's services. Furthermore, Foolfashion assumes no contractual or extra-contractual liability for damages caused by auxiliary persons charged with providing the service.
The aforementioned exceptions and limitations of Foolfashion'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.
DATA PROTECTION
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 questions can be found in our privacy statement. This information also forms an integral part of these GTC.
COPYRIGHT
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.
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.
APPLICABLE LAW 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 or the domicile of the customer. For legal entities, the exclusive place of jurisdiction is the registered office of Foolfashion.
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.
GENERAL TERMS AND CONDITIONS FOR THE USE OF CUSTOMER REVIEW FUNCTIONS
These Terms of Use govern the customer's conduct in connection with the customer review service.
By sending your evaluations or any other message on the Site or external platform, you guarantee :
- that you are the sole author and owner of the intellectual property rights of the content ;
- that you have voluntarily waived any "moral rights" you may have in said content ;
- that all the content you publish is accurate ;
- that use of the content you provide does not violate these terms of use or harm any person or entity.
- you assume full responsibility for the content of your contribution, in full discharge of Foolfashion
- In addition, you agree not to send any :- that you know to be false, inaccurate or misleading;- infringes any copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy of any third party;- violates any law, ordinance, decree or regulation (including, but not limited to, those governing consumer protection, unfair competition, discrimination or false advertising);- which is or may reasonably be considered to be defamatory, hateful, racially or religiously offensive, unlawfully threatening or unlawfully harassing to any individual or business ;- for which you have been paid or received remuneration by any unapproved third party;- which includes information referring to other websites, addresses, email addresses, contact details or telephone numbers;- that contains viruses or other potentially harmful computer programs or files.
You agree to indemnify and hold harmless Foolfashion (and their officers, directors, agents, subsidiaries, joint ventures, employees and third party service providers) from and against any and all claims, demands and damages (direct and indirect) of every kind and nature including reasonable attorneys' fees, that Foolfashion may suffer as a result of your breach of the foregoing covenants and warranties, or your violation of any law or the rights of a third party.
All content you send may be used at the sole discretion of Foolfashion reserves the right to edit, condense, refuse to publish, remove or delete any content on the various platforms it deems, in its sole discretion, in violation of the content guidelines or any other provision of these Terms of Use. Foolfashion does not warrant the right to edit or delete any content submitted by you.
In the event of a non-conforming publication on a platform by a customer who is not satisfied with a response from customer service, or a customer who has not complied with the T&Cs, Foolfashion reserves the right to file a criminal complaint for defamation, as well as for any non-conforming comments made to a Foolfashion employee.
Etoy, January 1, 2012
Modification V2 on November 11, 2023 (Loyalty program)
Modification V3 on January 1, 2023 (Addition of CGV)