1.1 These terms and conditions apply to orders made online at www.Audioléman.ch. By ordering from Audioléman the buyer accepts the application of these Terms and Conditions. 1.2 No terms and conditions contrary to these General Terms and Conditions are applicable between Audioléman and the buyer.
2. Conclusion of Contract
2.1 In case of ordering on the internet, the contract is concluded at the time of confirmation of the order by Audioléman. This confirmation is sent to the buyer after confirming the order by pressing the button “confirm”. 2.2 Audioléman is free to remove or change the products offered on its site, in its sole discretion and at any time. 2.3 Within 24 (twenty four) hours following the conclusion of a contract with Audioléman, the buyer may ask Audioléman to modify or cancel the contract. Audioléman remains free to accept or reject the request for modification or cancellation from the buyer. The buyer cannot change or cancel, in any circumstance, a contract with Audioléman when the commissioned articles have been manufactured and / or customized on request or when the ordered items are already in the process of being delivered.
3. Prices
3.1 The product selling prices are quoted in Swiss francs (CHF). They include VAT (except on international orders) and any discounts applicable on the date of the order. 3.2 Sale prices do not include shipping. The amount of shipping is added to the sale price on checkout. For orders made by phone or internet, the delivery charges are indicated in the summary of the order ( “Cart”). 3.3 Once the order is confirmed, the price cannot be changed. 3.4 Audioléman may modify, at its sole discretion and at any time, the price of the proposed goods.
4. Delivery
4.1 The delivery time indicated in these Terms are by no means a commitment. The buyer is obliged to accept any delivery of goods, even if delivery is received after the specified time. 4.2 An indicative delivery time for each item is shown in the product’s page. 4.3 Failure of meeting a delivery time does not give the buyer any right against Audioléman.
5. Delivery
5.1 Deliveries are done, depending on the goods, by post or by the shipping service mandated by Audioléman. 5.2 If the buyer does not take possession of the goods sent by post within 7 days, Audioléman has every right to consider the order as canceled and recover the goods. If a selling price has been paid, it will be returned to buyer after deducting the costs of returning the goods. If no price has been paid, the buyer will be billed for the cost of returning the goods. 5.3 When the product is shipped by the shipping department mandated Audioléman, the buyer and the shipping service will agree a delivery day. If buyer fails to accept the goods at the agreed delivery date, Audioléman has every right to consider the order as canceled and recover the goods. If a selling price has been paid, it will be returned to buyer after deducting the costs of delivery and return of goods. If no price has been paid, the buyer will be billed for the costs of delivery and return of the goods.
Incorrect deliveries, differences in the quantity and obvious defects are to be announced immediately in writing no later than one week after receipt of the goods. Returns are accepted only after prior agreement, in their original packaging with all accessories and a copy of the invoice. The customer is fully responsible for the proper transport.
6. Risk Transfer
6.1 Transfer of risks – including the risk of loss and degradation of the goods – passes to the buyer at the time of receipt of the goods. 6.2 If the buyer fails to take possession of the goods, the transfer risk passes to the buyer at the time of returning the goods to Audioléman. 6.3 If the buyer returns the goods to Audioléman, the buyer bears the risks until receipt of the goods by Audioléman.
7. Payment
7.1 Payment for the goods can be made upon receipt of an invoice, by credit card (Visa, Mastercard, Amex, PayPal and Postcard) or prepayment. 7.2 By ordering from Audioléman, the buyer expressly authorizes Audioléman to check creditworthiness from third parties. 7.3 Audioléman may unilaterally impose a payment to the buyer or refuse to conclude a contract with him. 7.4 Regardless of the payment method used, the buyer understands and agrees that his payment may transit through a financial intermediary subject to the legal obligations regarding the issue of money laundering.
–payment by invoice 7.5 In case of payment by invoice, Audioléman will send the buyer a detailed invoice and a payment slip when the order is placed. 7.6 The buyer can pay Audioléman at a post office, by e-banking transfer or payment slip. 7.7 In case of e-banking transfer, the buyer must use the contact information listed on the invoice or the attached statement. The buyer may also make a bank transfer specifying the IBAN: CH35 0900 1447 1197 3 000 and his customer number. No fee will be charged. 7.8 The buyer is authorized to fill a Swisspost payment slip with the following postal account: 14-471197-3. He must indicate the customer and invoice number.
–Credit card 7.9 Audioléman accepts payment by credit cards Visa, MasterCard, American Express and Postcard. 7.10 In case of credit card payment (with the exception of the Postcard), the buyer’s credit card will be charged at time of shipment of the goods. If an item is sold or terminated, Audioléman will not charge the credit card. 7.11 In case of payment by Postcard, the credit card will be charged at time of order. If an item is sold or terminated, Audioléman will reimburse the buyer on his card. 7.12 Audioléman is in no way responsible for fees related to a debit.
8. Reservation
Except as otherwise provided by applicable law, the ownership of the goods will not pass to the buyer until payment in full of the products sold.
9. Product Verification
9.1 The buyer shall inspect the goods within 2 (two) days of receipt and must immediately notify Audioléman of any defects or damage to products. In the absence of notice by the buyer within the said period, the products are deemed to be received in good condition, no defects or damage, and accepted in their state, with the exception of non-apparent defects. 9.2 If a hidden defect is found later, the buyer shall, immediately upon discovery, contact Audioléman and notify this defect. The buyer shall be revoked of his right of return in case of late notice.
10. Warranty
10.1 Subject to the provisions indicated on points 9.1 and 9.2, all products sold by Audioléman are guaranteed for 2 years. The guarantee takes effect on the date of delivery of the item and is justified by the invoice accompanying the product. 10.2 For clarity, the warranty granted does not cover defects resulting from accidents, mishandling, a non-conforming use or unauthorized modification or repair as well as defects which result from normal wear and tear over time of products. 10.3 To claim a warranty, the buyer must send Audioléman, at its own expense, the defective goods under warranty. 10.4 If Audioléman identifies a case of warranty, it may, in its sole discretion, replace the product and / or defective parts by another product deemed equivalent, respectively spare parts, or make a repair. If there is no equivalent product or spare parts or if it is not possible to repair the product, Audioléman may, in its assessment of the extent of the defect, indemnify the buyer for the depreciation value of the article caused by the defect or refund the full purchase price. 10.5 Audioléman will make use of its best efforts to process a warranty claim within a reasonable time. 10.6 IN NO EVENT AUDIOLEMAN WIL BE HELD LIABLE IN RESPECT OF THE BUYER OR THIRD PARTY FOR ANY DAMAGES INCLUDING INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, INCLUDING LOST SAVINGS, PRODUCTION AGREEMENT , OF GOODWILL OR OPPORTUNITY BUSINESS ARISING FROM FAILURE OF ANY PRODUCT. AS SUCH, THE BUYER RENOUNCES ANY CLAIM FOR DAMAGE INTERESTS IN CONNECTION WITH A DEFECTIVE PRODUCT. THE BUYER’S CLAIM REGARDING AUDIOLEMAN IS CONTAINED EXCLUSIVELY IN THIS ARTICLE IN CONNECTION WITH THIS AGREEMENT AS IT IS REGULATED BY THESE TERMS AND / OR ANY PRODUCT SOLD.
11. Protection of personal data
11.1 When orders are placed, the personal data of the buyer is collected and subject to data processing. 11.2 Audioléman guarantees that customer data is processed in accordance with the law. The data recorded by Audioléman are used for the registration and processing orders, administration of personal accounts of customers, and the development of statistics. The purpose of data processing is to improve the quality control of services and market research. 11.3 The buyer authorizes and consents to Audioléman so that the latter can: – Obtain or send the recorded data to third parties insofar as this is essential for the realization of a certain benefit (eg administration and management of personal accounts, payment monitoring, payment of goods from a supplier, recourse to a financial intermediary, etc.); – Communicate to a third party all necessary data to a debt collection (s).
12. Promotional codes Abuse
12.1 Audioléman can send promotional codes to buyers so that they benefit from special offers. These promotional codes are personal and not transferable. They must under no circumstances be disclosed to third parties or promotions sharing platforms. 12.2 The buyer who receives a promotional code is only allowed to use it once in the conditions of the offer. It is prohibited for the buyer to use other discount codes as those addressed to it. 12.3 Any abuse of promotional codes (eg by increasing purchases with different accounts by entering promotional codes to third parties, by multiplying purchases in a short period of time, etc.) gives the right to Audioléman to: i) withdraw from the contract, to ii) demand the return of the goods ordered due to violation of this provision and iii) to claim damages to the buyer who commits the abuse. The confirmed abuse of promotional codes allows moreover Audioléman to charge the buyer the amount of CHF 300 .– as administrative and management costs.
13. Modification of the Terms
Audioléman reserves the right to modify its Terms of Sales at any time. Nevertheless, the contract shall be governed by the Terms of Sales applicable at the time of its conclusion.
14. Governing Law and Jurisdiction
14.1 The Contract is regulated by these Terms and Conditions, the General Conditions and all subsequent commands, and as such it is governed by Swiss law. 14.2 Subject to the compulsory jurisdiction provided for contracts concluded with consumers, all dispute, controversy or claim arising out of the Agreement and these Terms of Sales, or relating to them, shall be decided by the competent court in Lausanne.
Legal Notice:
Audioléman CH-1094 Paudex, Vaud, Switzerland Phone: +41 21 7283423 Email: info@audioleman.ch VAT/UID Number: CHE – 141751481 Enregistrée au Registre de Commerce du Canton de Vaud.
Bank Information:
PostFinance SA IBAN: CH35 0900 000 1447 1197 3 N. account: 14-471197-3 BIC: POFICHBEXXX Name: Audioléman Hamam
