General terms and conditions for the sale of physical products via an online store in Switzerland and the EU
- Applicability and scope
These general terms and conditions of sale (hereinafter referred to as “GTCS”) apply to all business relations between Metafor Sàrl (hereinafter referred to as “Metafor Sàrl”, “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”) purchased online via our website [www.meta-for.ch] (hereinafter referred to as “online store” or “website”).
The website and online store are operated by:
Metafor Sàrl
Route de l’Ancienne Papeterie 220, 1723 Marly, SWITZERLAND.
IDE CHE-332.684.906
026 401 10 93
info@meta-for.ch
Individual agreements made with the customer take precedence over these GTC. No divergent or contrary conditions on the part of the customer shall be recognized under any circumstances.
Metafor Sàrl reserves the right to modify these GTC at any time. All modifications take effect as soon as they are published 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.
- Conclusion of a sales contract
The presentation of 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. Metafor Sàrl 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, brochures, advertising and any other information relating to our products are for information purposes only and are not binding on Metafor Sàrl.
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, Metafor Sàrl is free to accept it at its sole discretion or to refuse it by informing you by e-mail and declining any responsibility towards you or third parties. Any payment already made will be refunded when the order is cancelled. 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 products.
Any commercial distribution or resale of our products is strictly prohibited.
- 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. We expressly disclaim any liability for products that are unavailable.
Our products are available while stocks last. If Metafor Sàrl finds, during the processing of your order, that the products ordered are no longer available for any reason whatsoever, you will be informed without delay. In this case, no sales contract can be concluded for products that cannot be delivered.
Our digital products are available on principle if they are offered in the online store. If Metafor Sàrl 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.
- Prices and shipping costs
Our products and prices correspond to those displayed on the website. All prices are quoted in CHF (Swiss francs) or euros, where applicable, and include statutory value-added tax (VAT). If applicable in the corresponding country, other VAT, taxes and fees may also be indicated. The total price of your order, including all ancillary costs and the corresponding VAT in your country, is shown at the end of the order process. Depending on the type of delivery, the following adjustment is necessary: when shipping to countries outside Switzerland, additional customs duties may apply. These are not included in the price and must be paid by the customer.
By placing a firm order, you declare that you accept the total price of the products ordered. Once a firm order has been placed, the price cannot be changed.
Metafor Sàrl reserves the right to modify prices at any time. Products will be invoiced at the price indicated at the time of the firm order.
- 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 payment methods 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 Metafor Sàrl 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 Metafor Sàrl to approve or receive payment by the chosen method. In the event of cancellation of debits, Metafor Sàrl is entitled to reimbursement of costs and related bank charges. Furthermore, Metafor Sàrl does not assume responsibility 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, Metafor Sàrl 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, Metafor Sàrl is entitled to charge CHF 50 for each reminder, plus the costs of collection and interest on arrears as provided by law. If it appears necessary to take legal action, an additional amount of at least CHF 200.00 will be charged.
- Terms of delivery
In principle, deliveries are made via the Swiss Post AG delivery service. Metafor GmbH bears the shipping costs for deliveries within Switzerland. For deliveries within the EU, the following delivery services are available: Swiss Post AG or courier services such as DHL, TNT, UPS. The desired delivery service can be selected online during the order process. Any resulting costs must be paid in advance by the customer.
Products that you order from our online store and that we have in stock will be delivered to you within 6-8 working days after receipt of full payment. You can use the shipment number to track your order in real time.
When products, at the time of the order, are listed as being out of stock, Metafor Sàrl will endeavor to deliver them as soon as possible after restocking. Metafor Sàrl will make every effort to meet delivery deadlines. However, Metafor Sàrl is not responsible for delays in delivery, whatever their cause. Should the delivery of your goods be delayed, we will inform you as soon as possible.
If delivery is still not made 3 weeks after the initially agreed delivery date, the customer is entitled to cancel the order. All other claims, in particular for damages, are excluded.
If shipment of the product fails through the customer’s fault despite three delivery attempts, Metafor Sàrl may withdraw from the contract. Any payments already made will be refunded immediately.
- Reservation of ownership
Metafor Sàrl retains ownership of the goods delivered until full payment has been received.
- Right of revocation and right of return
Conditions
For all purchases of our products via our online store (with the exception of certain products; see revocation restrictions below), as a consumer[1] , you have the right to revoke 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.
Metafor Sàrl. Route de l’Ancienne Papeterie 220, 1723 Marly, SWITZERLAND.
026 401 10 93
info@meta-for.ch
or inform us of the formal revocation of the contract in writing (e.g. letter, e-mail, fax). 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 handed over to the post office or another transport company by the last day of the period at the latest. You can use the sample revocation form available at the following link [link to sample revocation form for physical products], but this is not compulsory.
The condition for exercising the right of revocation is that the goods have not been used and are returned to us in their entirety, undamaged and, if possible, in their original packaging. In addition to the duly completed confirmation of receipt, the goods must be returned to the following address:
Metafor Sàrl. Route de l’Ancienne Papeterie 220, 1723 Marly, SWITZERLAND.
026 401 10 93
info@meta-for.ch.
Consequences of revocation
If you withdraw from the contract and the goods are duly returned, we will refund you the full price of the goods, including delivery costs (with the exception of any costs arising if you have chosen a different delivery method from the cheaper standard one offered by us), within 14 days at the latest from the date on which we acknowledge receipt of the withdrawal from the contract or of the returned goods. Refunds will be made by the original method of payment and will always be paid into the account used for payment, unless expressly agreed otherwise; you will not be charged for this refund. Please ensure that you have access to the bank account indicated, as Metafor Sàrl accepts no responsibility in this matter.
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
- Notification of defects/warranty
Metafor Sàrl guarantees that the goods correspond to the quality criteria described and that there are no defects affecting their value or suitability for their intended use.
After receipt of the goods, the customer must immediately check that the delivered product is correct, complete and free of damage. Defects or damage must be reported to Metafor Sàrl within 5 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 is 2 years from receipt of the product. Products which have been damaged through the fault of the purchaser (installation not in accordance with instructions, misuse) are excluded from the warranty.
The customer’s warranty rights are limited to replacement delivery or correction of defects/rework to the exclusion of all other claims, including the reduction or replacement of indirect or consequential damages. Metafor Sàrl 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, stating your order number and customer number, a description of the defects and any other information that may be useful to us:
Metafor Sàrl. Route de l’Ancienne Papeterie 220, 1723 Marly, SWITZERLAND.
026 401 10 93
info@meta-for.ch
The defective product must be returned to the above address of Metafor Sàrl 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. We ask you to keep the documents attesting to the return of your goods, otherwise we will not be able to process your claim in the event of parcel loss.
- Create an account
Once you have created a customer account and registered, you can [check the status of past, current or recently ordered products, view your address details, manage and save any payment details]. Once your data has been saved, 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. Metafor Sàrl 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 under [link].
Registration is free of charge, unless you are registering for a paid subscription (see section II). 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 GTC or individual agreements.
Metafor Sàrl is not obliged to register a customer’s account or to accept an order from a registered customer.
- Claims and complaints
We attach great importance to customer satisfaction. You can reach us at any time using the contact details given 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.
- Liability
Metafor Sàrl shall be liable for any proven intentional or grossly negligent damage in the event of a breach of its obligations under these GTC and the resulting contractual relationship. 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 Metafor Sàrl’s services. In addition, Metafor Sàrl assumes no contractual or extra-contractual liability for damage caused by auxiliaries charged with providing the service.
The aforementioned exceptions and limitations of Metafor GmbH’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, Metafor GmbH’s liability under these GTC is limited to the price of the goods ordered by the customer from us – irrespective of the substance 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
Metafor Sàrl 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 and can be viewed under [link]. This information also forms an integral part of these GTC.
- Copyright
Any reproduction, processing, distribution or any other form of use requires the prior written consent of the copyright holder. Metafor Sàrl and the copyright holder expressly reserve all rights.
- 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.
- Online dispute resolution
The European Commission has set up an alternative dispute resolution platform for consumers in the EU, providing an out-of-court procedure for settling all disputes relating to online sales contracts. You can use this platform to settle disputes arising from a sales contract concluded online with our services. This platform is available under the following link http://ec.europa.eu/consumers/odr/.
- Applicable law and place of 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 Metafor GmbH or the customer’s domicile. For legal entities, the exclusive place of jurisdiction is the registered office of Metafor Sàrl.
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.
Model revocation form for physical products
If you wish to revoke the contract, please complete this form and return it to:
Metafor Sàrl. Route de l’Ancienne Papeterie 220, 1723 Marly, SWITZERLAND.
026 401 10 93
info@meta-for.ch
I/We* hereby revoke the contract of sale for the following goods:
___________________________________________________________________________
Ordered on: Received on:
_______________________________ __________________________________
Name of consumer(s)*:
Address of consumer(s)*:
Date and place:
Signature of consumer(s):
(*) delete as appropriate
[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.