GENERAL TERMS AND CONDITIONS
Article 1 Field of application and modification of general sales terms and conditions.
These general terms and conditions for sale (hereinafter “Terms and Conditions”) apply to relationships between IDH Switzerland – Guggenheim (hereinafter “IDH”) and everyone who places an order using one of the IDH websites (hereinafter: the “Customer” or “Customers”).
IDH reserves the right to adapt or modify the Terms and Conditions at any time, which will be immediately applicable to any new order.
In each order, the Customer must confirm they have read and accepts the Terms and Conditions. The latter thus applies to all orders placed by the Customer (hereinafter: the “Orders”).
Article 2: Products mentioned on the websites and Customer order.
The products visible on the Websites are purely indicative and do not constitute offers on the part of IDH. In particular, the photos on the website are not contractual.
All information provided on the IDH Websites (product descriptions, illustrations and photos, films, dimensions, weights, technical specifications, accessories and other data) are provided for information purposes only and are not a guarantee of these characteristics. Only the manufacturer’s characteristics are authentic.
Based on this non-contractual information, the Customer can only place an order for the displayed product(s) using the procedure provided by the Website and in respect of the ordering information provided on the Website.
Any Order, once finalized using the ordering process on the Website, constitutes a firm offer to the Customer. He or she decides to buy the product displayed on the Website, on the conditions indicated by the latter.
For every order, the Customer has to indicate an e-mail address to which all IDH communications connected with the Order will be sent. It is the Customer’s responsibility to keep this address active and to read e-mails sent by IDH. All communications sent by IDH to the e-mail address specified by the Client will be deemed to have been received by the Client on the day after they are dispatched. The risks of transmission and delivery are borne by the Client.
The Customer can indicate to IDH, within 5 working days following the Order, a change of delivery address. However, this will only be taken into account if the Order has not yet been sent to the Customer. Otherwise, it is up to the Customer to take adequate measures to receive the order at the delivery address at the time of the Order.
Article 3: Validation of orders – firm and non-cancellable orders
To place an Order, the Customer must be an adult (18 years and over) and not be under guardianship order. The Client must ensure that all the information they send is truthful and are accordingly answerable to IDH for any damage related to inaccurate information.
An order placed by the Customer in accordance with section 2 above constitutes a binding offer to purchase the product indicated as available on the Website. Once definitively validated by the Customer, this Order cannot be withdrawn by the Customer, the decision to accept or refuse belongs only to IDH.
IDH will be free to accept or refuse any order from a customer, without giving reasons. IDH will communicate its acceptance decision via an email sent to the address indicated by the Customer (order confirmation) or by confirming the shipment of goods (delivery note).
Article 4: Sale prices
IDH reserves the right to change its prices at any time, but is committed to apply the prices displayed at the time of the Order.
Prices shown are in Swiss francs and include all taxes (VAT, third party fees). Shipping fees are offered to all Customers.
Prices shown are valid only in the territories of Switzerland and the Principality of Liechtenstein.
Article 5: Advance payment and security
The Customer’s offer to order a product from IDH implies the payment in advance of the amount on the Order.
Payment in advance is made using the secure banking or postal servers of IDH partners, as offered on the Website. This implies that no banking or postal information about the Customer will pass through IDH websites. Payment by credit card is therefore perfectly secure.
The order will be recorded and confirmed on acceptance of payment via the payment system chosen by the Customer. The Customer’s order will be validated and his/her card automatically charged on registration of the order.
The Customer must complete the Order form which is offered on the Website, before being able to validate it. The coordinates of the Customer’s credit card details are encrypted using SSL (Secure Socket Layer) and are never transmitted unencrypted over the network. Advance payment is made directly to a bank or Post Office. The card number is not sent to IDH.
The risk of the payment system malfunctioning is borne by the Client.
Article 6: Terms and delivery times
The products will be delivered to the delivery address the Client specifies on the Order. The risks of sending the goods to the Customer (risk of loss, destruction, wrong delivery address, etc.) are supported by the customer on IDH delivering the goods to the carrier nominated by IDH. Where there is an error in the recipient’s address details, IDH cannot be held responsible for the carrier not being able to deliver the product.
The expenses inherent in the return of unclaimed parcels and their possible re-dispatch are borne by the Customer. Before any re-dispatch, IDH may ask the customer to pay the costs for this in advance.
In the event of a parcel being unclaimed, IDH cannot be held responsible, including cases where La Poste does not file a calling card. Return costs and the risks inherent in shipping are borne by the Customer.
In the event of the return of a shipment from the premises of IDH due to the impossibility of delivering the latter (postal shipping time exceeded, incorrect recipient’s address … etc.), the Customer will automatically be notified by an email sent to the address indicated on the Order. If there is no news from the Customer after a period of 3 months after the email is sent, IDH reserves the right to cancel the order. In such a case, IDH is released from its obligation to deliver the goods, and the advance paid by the Client to IDH on ordering will be retained by IDH as liquidated damages, this as a final settlement of all claims and for the relevant Order.
Any item that is available is normally shipped within 5 working days (weekends and public holidays being excluded from this period). The times indicated are average times, and correspond to the time for processing, preparing and shipping any order (exit from warehouse).
In the event that IDH is unable to deliver the ordered goods within 20 days (date of release from the warehouses), the Customer can cancel the Order by email or via a letter addressed to IDH Customer Services mentioning the Order reference numbers. This cancellation will only be taken into account if it reaches IDH 24 hours before delivery of the ordered goods to the carrier designated by IDH. Otherwise, the order cannot be cancelled. Cancellations must also reach IDH before the expiry of 30 days after the order.
In the event of a valid cancellation, the advance paid by the Customer for the Order will be refunded to them for the balance of all accounts and all claims. The Client cannot in any way claim additional damages from IDH, his/her claim being limited exclusively to full restitution of the advance paid.
IDH is also entitled to cancel an order even once accepted, without needing to give reasons to the Client. In such cases, the customer’s claims against IDH are limited to restitution of the advance paid, with the exclusion of any damages.
On receipt of the Order by the Customer, the latter shall proceed to the immediate inspection of the delivered goods.
To identify apparent defects (packaging defect, product delivered that does not correspond to the product ordered, any missing product, etc.), the Customer must verify the delivered goods comply before opening them. He/she must immediately indicate, by email, any defect found, and wait for indications from IDH regarding further processing.
Article 7: Responsibilities
IDH only accepts liability for direct damages when the customer proves that they have been caused by the gross negligence of the company or an authorised third party. Any liability for minor faults or simple negligence is excluded.
In case of liability of IDH, the latter is limited to the price of the delivered product or the service provided. Any further liability of IDH, its assistants or third parties appointed by it for damage of any kind whatsoever, is excluded. In particular, the customer has no claim for compensation for damage that does not affect the product itself.
The choice and purchase of a product or a service are the sole responsibility of the Customer. The total or partial impossibility of using the products, notably because of the incompatibility of the materials, cannot lead to any compensation, reimbursement or questioning of the liability of IDH.
In all cases, any claims for damages will be limited to a maximum amount, equal to the price paid by the Customer at the time of Order.
Article 8: Warranty – limitations of warranty – Returns procedure
The warranty for hidden defects is limited to a maximum of one month (from the date of departure from our warehouses). Beyond this time period, IDH will not accept any claims. The existence of a manufacturer’s warranty of longer duration is reserved (see section 9 below).
Before returning a purchased product because of a defect or non-compliance that’s covered by the IDH guarantee, the Customer is obliged to make a request in advance to IDH Customer Services within 3 days of discovering the defect, and obtain a returns number (RMA) from them, with information about the procedure for making the return.
No goods sent as returns will be accepted if they are not in their original packaging, or if the return has not been preceded by an RMA request to IDH Customer Services.
On receipt of the RMA, the Customer has a period of 5 days to return the defective product to IDH. After this time period, any returned items will be refused. The return must be made using a registered parcel, the Customer assuming the risks and costs associated with the return.
For defective products returned by the Customer in accordance with the procedures laid down in this section, IDH has limited obligations, and it is the exclusive choice of IDH:
- whether they replace the product through a standard exchange or provide the Customer with an equivalent product;
- whether or not to refund the amount paid for the order to the Customer.
Article 9: Right of return
The right of return does not exist in Switzerland. Only Customers domiciled outside Switzerland enjoy a right to return the goods delivered within 10 days from the date of dispatch. If you want to take advantage of this right, you must inform IDH in advance by sending an email to: firstname.lastname@example.org with the Reference Order number. Only goods in perfect condition and in their original packaging will be accepted. When these conditions are fulfilled, IDH will refund the amount concerned to the customer, less a restocking fee of 20%; the costs of reshipping are borne by the customer.
Article 10: Manufacturer’s Warranty
When the product has a manufacturer’s warranty, this is indicated on the material’s information sheet at the site. The manufacturer’s warranty is usually one year for parts. It is the Customer’s responsibility to learn about the extent of the manufacturer’s warranty.
When there is a fault covered by the warranty during the manufacturer’s warranty period, repairs will be performed by the national network of manufacturer’s approved centres, stations or technical agencies, under the full responsibility of IDH, according to the terms offered by each manufacturer, excluding any liability for IDH.
To qualify for the product warranty, it is imperative that you retain the invoice for purchasing the product.
Article 11 – Customer Obligation
The Customer undertakes to use the product purchased according to the manufacturer’s directions and to ensure the maintenance recommended by the manufacturer is performed, to ensure correct operations.
The Customer should retain the invoice, original packaging and all manuals and accessories for the product purchased. These may be required in the event of a repair under warranty.
Article 12: Protection of Personal Data
By registering on the IDH website, the Customer expressly agrees to receive advertising materials or other information from IDH. The Customer can unsubscribe at any time, easily and without charge, by following the instructions in the respective messages or by contacting Customer Services at IDH.
IDH transmits personal data to third parties only insofar as they are essential for correct performance of the Order.
IDH reserves the right to analyse all of the data collected, and to use information about purchasing behaviour in an anonymised form for marketing purposes.
IDH is entitled to erase the files of a registered customer from its computers at any time, that is to say, cancel its registration with immediate effect, without having to justify its decision, without notifying the Customer and without the customer in question being able to make any claim against the company. This is particularly true for registered customers who contravene the terms and conditions.
Excluded registered customers are not permitted to re-register as registered customers on IDH Websites, either under their own name or otherwise, without prior consent from IDH.
Article 13: Company contact Information
IDH Switzerland – Guggenheim
Route of Savigny 1
CH – 1091 Aran – (Bourg-en-Lavaux)
The Customer has three potential was of contacting Customer Services:
- By e-mail at email@example.com
- By post (Do not return any merchandise without request or prior agreement):
- By telephone on +41 848 60 20 60
Article 14: Applicable law and jurisdiction
This contract, as well as sales organised by IDH, are governed by Swiss law. In the event of a dispute, the legal jurisdiction is exclusively that of the head office of IDH, the remedies are reserved.
Article 15: Original text
The general conditions for IDH are written in different languages; in the event there are any contradictions, only the French version will prevail.
Aran, updated August 2017