General conditions of sale of «swissdvdshop.ch» and «swissdvdshop.com»
Article 1: Preamble
These general conditions of sale apply exclusively to business relationships between the company AV Distri Sàrl, Rue des Moulins 9, 1347 Le Sentier, Switzerland (hereinafter "we") and another person (hereinafter "you") who has visited the websites www.swissdvdshop.com and www.swissdvdshop.ch or bought products there. By creating a customer account, the visitor declares that they agree to the general terms and conditions of sale for the websites www.swissdvdshop.com and www.swissdvdshop.ch (hereinafter "the websites"). These general conditions of sale can be changed at any time. The terms and conditions published on the website at the time of the order apply.
Article 2: Contract
2.1 Requirements for orders
You declare that you are of legal age under the laws of the country in which you reside and that you have the legal capacity to place orders on the website.
2.2 Steps to conclude a contract
After you have placed your order, we will send you an email confirming the elements of your order. With this e-mail we accept your order and the sales contract between you and us is concluded.
Article 3: Prices, availability and shipping costs
3.1 Prices and availability
The prices stated on the website can be displayed in Swiss francs (CHF), euros (€) or US dollars (US $) according to the current rate of the Swiss franc. The prices include Swiss VAT for orders delivered in Switzerland and do not include postage. We reserve the right to change prices at any time without notice.
The prices stated on the website at the time of your order apply. In the event of a discrepancy between the price at the time of the order and the delivery, we will not reimburse the difference, and will not ask for it either.
We accept your orders according to the availability of the products. The delivery times are purely informative and not binding.
If one or more items are not available, we will inform you of this as soon as possible by email. You then have the following options:
- First-in first-out dispatch : Dispatch of the existing articles of the order and later dispatch of the product(s) that were out of stock at the moment of order, the later dispatch being at our expense.
- Cancellation : Modification of the order by canceling the item or items that are not available Free of charge
- Consolidation : wait until all the products ordered are available and can be completely delivered.
We would like to point out that your credit card will be charged at the time of order. This means that your credit card will be charged for all products ordered, even if certain items are not immediately available. If one or more products are not available at all, we will refund you the amounts for these products with which your credit card has already been charged. (For partial reimbursement see Art. 6.2 Reimbursement). If none of the items ordered are available, the order will be fully reimbursed, including any postage costs (see Art. 6.2. Reimbursement).
3.3 Postage costs
The postage costs are borne by the customer. A list of prices and delivery times can be found under " Delivery conditions". In the event of changes to your order due to the unavailability of a product (see Article 3.2 Availability), we do not charge any additional postage costs.
Article 4: Customs duties
Orders placed through the websites that are sent to countries other than Switzerland may be subject to taxes and customs duties that are imposed when the package arrives at its destination. These customs duties and taxes, if any, associated with the delivery of an item are your responsibility . We are not obliged to check which customs duties and taxes are applicable and we do not have to inform you about them. We therefore recommend that you obtain information from the competent authorities in your country.
Article 5: Payment
You can pay by credit card and in Switzerland also by post payment slip (bulletin de versement). The deadline for payment by payment slip is thirty (30) days from the invoice date.
In this case, payment will be made in the name of:
AV DISTRI SARL
Rue des Moulins 9
1347 Le Sentier
With PayPal and credit card payments, the card will only be debited with the order amount at the time your item is dispatched. If you fail to make the payment by post payment slip (after expiry of the payment period of 30 days), we are entitled to demand an additional amount of CHF 10 as a reminder fee.
Article 6: Returns and Refunds
We will only accept returns if a product has been damaged in transit or does not match your order. In such a case, you must contact us by email within ten (10) days of receipt of the goods. You will then receive a return approval from us, which includes a replacement delivery. We will allow you thirty (30) days to return the damaged or non-compliant product to us. We undertake to replace the returned products as soon as possible. If this is not possible, for example if the product is no longer in stock, we undertake to reimburse at the purchased price. If we do not receive your return within 30 days of our approval, the entitlement to a free replacement lapses
Reimbursement can only be requested in the case of a lack of availability of one or more articles, be it after an order (see Art. 3.2 Availability) or in the case of a return approval with replacement delivery (see Art. 6.1 Returns). In these two cases, two types of refunds are possible: Partial refund: only the item-s that is/are not available will be refunded. Any postage costs charged will not be reimbursed. Full refund: If none of the ordered items are available, we will refund the entire amount paid, including any postage costs. If the invoice was paid by credit card, we will pay the amount directly to the account associated with the credit card used and inform you by email after the reimbursement.
Article 7: Retention of title
The delivered goods remain our property until you have fulfilled all obligations towards us, in particular until the purchase price has been paid in full, plus reminder fees, if applicable.
Article 8: Warranties and liability
The provisions of the statutory warranty for hidden defects apply. We reject any liability in the event that the item delivered does not comply with the laws of the country of delivery, particularly with regard to copyrights. Furthermore, in the special case of DVDs, we do not accept any liability for incompatibility with your DVD player with regard to the zone or the PAL-NTSC format.
We undertake to provide the service to our customers with the greatest possible care in accordance with the principles of proper professional practice. However, we are not liable for non-performance of our contractual obligations in the event of unforeseen events or force majeure. We assume no liability in the event of delivery delays due to the unavailability of products on the publisher’s or supplier’s part. We are also not liable for minor deviations between the product photos, texts and images on our website and the products supplied. We do our best to provide the services described in these general conditions of sale. We are liable for all direct damage that is foreseeable at the time the website is used or when the sales contract is concluded between you and us. Under no circumstances shall we be liable for lost profits, business losses, data loss, loss of earnings or other indirect damage that was not foreseeable at the time the website was used or when the sales contract was concluded between you and us.
The limitation of liability described above does not apply to fraudulent deception or negligence on our part.
Article 9: License to access the websites
We grant you a limited license to access the websites and use them for personal purposes. Under no circumstance are you authorized to download or change the website in whole or in part without our express written consent. Under no circumstance does this license grant you the right to use the websites or their content for sale or any other commercial use (product lists, descriptions, prices, downloading or copying of this information for another dealer, use of data, sound or image samples, graphics, images, texts, photos).
This website or parts of it may under no circumstance be reproduced, copied, sold or used commercially without our express written consent.
Without our express written consent, you may not use any technique that can be used to copy brands, logos or other information (in particular images, texts, layouts) that are our property. You may not use any meta tag or any other "hidden" text that contains our name or our brand without our express written consent. Any unauthorized use leads to the revocation of the license granted to you.
We grant you the non-exclusive and revocable right to create a hypertext link that refers to the homepage of the website, provided that this link does not harm us, our products and services through misleading, false or derogatory information. In connection with the creation of such a hypertext link, we assume no responsibility for the content of your website. Any use of our logo, our brand or our graphic elements in your link requires our express written consent.
Article 10: Comments, criticism, messages and other content
The users of the websites can send us criticism, comments or other content, suggestions, ideas, questions or other information, as long as this content is not illegal, obscene, abusive, threatening or defamatory, in violation of intellectual property rights or harmful to third parties, does not contain viruses or involve political propaganda, advertising, mass mailings, chain letters or other forms of spam. You may not use a false e-mail address, unlawfully take another person’s or company’s identity (“spoofing"), or give false information about the origin of the content. We reserve the right to remove or change any content at our own discretion.
If you send us content and we receive no instructions to the contrary from you, you grant us the non-exclusive, free right to use, reproduce, change, adapt, publish, translate and use this content for the legal duration of the copyright all over the world and on all media. You grant us the right to use the name that you gave us when you provided your content free of charge. You waive the right to be named as the author of the content.
Article 11: Protection of personal data
AV Distri sàrl only records essential data and uses these within the scope of order processing as well as for the purpose of making shopping as simple as possible for regular customers. Personal data will be treated as confidential and will not be passed on to third parties for advertising purposes.
We keep outstanding and completed orders on file. These data may be inspected at all times in the password-protected login area. In order to offer the best possible options for the choice of payment mode, we have to safeguard the customers and ourselves against improper use.
Article 12: Applicable law, place of jurisdiction and mandatory regulations
12.1 Applicable law and place of jurisdiction
These general sales conditions are subject to Swiss law. The Swiss courts have exclusive jurisdiction for all disputes in connection with the business relationship between you and us. The place of jurisdiction is Lausanne, Switzerland.
12.2 Mandatory regulations
The provisions of these general terms and conditions of sale are subject to mandatory international regulations that may differ from these conditions.
Article 13: Company information
AV Distri Sàrl is a Swiss company registered in the Commercial Register.
The websites “www.swissdvdshop.ch” and “www.swissdvdshop.com” belong to AV Distri and are also managed by AV Distri.
VAT ID: CHE-112.339.641
By e-mail: firstname.lastname@example.org
Via our website: “www.swissdvdshop.ch” et “www.swissdvdshop.com”
AV Distri Sàrl
Rue des Moulins 9
1347 Le Sentier
If you believe that certain content on our websites may violate your intellectual property rights, or if you have a question about our pages, products or services, you can contact us via the contact details listed above.
The design, the form, the name and all of the elements contained on the "swissdvdshop.ch" and "swissdvdshop.com" websites (hereinafter "the websites") are protected by copyright and trademark law worldwide.
Applicable law and conclusion of the sales contract. In order to avoid doubts as to the law applicable to the contract, it is deemed to have been concluded in Switzerland and is interpreted and fulfilled in every respect in accordance with the laws and regulations applicable in Switzerland. The Swiss courts are responsible for all disputes.
In connection with the websites and to the extent permitted by law, AV DISTRI provides no guarantee of any kind whatsoever, in particular with regards to the functionality of the telecommunications network that enables access to the pages or the browser with which customers access the pages .