General Terms and Conditions of Sale
1. Scope of Application
1.1 These general terms and conditions of sale (hereinafter: the "General Terms") apply to all orders of goods placed by a consumer (hereinafter: the "Buyer") on the Swiss Aqua Shop online platform (hereinafter: "the Swiss Aqua Shop platform") owned by the company AQUAECOPOLE Concept Sàrl (hereinafter: the "Seller").
1.2 These General Terms also apply to orders placed directly by a Buyer at the Seller's premises.
1.3 By placing an order on the Swiss Aqua Shop platform or directly at the Seller's premises, the Buyer declares to accept the application of these General Terms.
2. Offer of Goods and Ordering
2.1 The Seller reserves the right to delete or modify the range of goods offered on the Swiss Aqua Shop platform or at its premises, at its sole discretion and at any time.
2.2 The Seller is also free to modify, at its sole discretion and at any time, the prices of the offered goods.
2.3 The Seller only accepts orders from Buyers with their registered office or domicile in Switzerland or Liechtenstein.
2.4 By placing an order, the Buyer declares to be of legal age and to have full legal capacity.
3. Conclusion of the Contract
3.1 In the case of an order on the Swiss Aqua Shop platform, the Contract is concluded at the moment the Seller sends the order confirmation to the Buyer. This confirmation is sent by email to the Buyer after the Buyer has confirmed the order by clicking the "confirm" button.
3.2 In the case of an order placed directly at the Seller's premises, the Contract is concluded at the moment the Seller hands over the order confirmation to the Buyer.
3.3 The Seller assumes no responsibility if an ordered item cannot be delivered due to lack of available stock, additional supply, or production.
3.4 Within 24 (twenty-four) hours of the conclusion of the Contract, the Buyer may request the Seller to modify or cancel the order. The Seller is free to accept or reject the Buyer's request for modification or cancellation. The Buyer cannot modify or cancel an order once the ordered items are already in the process of being delivered.
4.1 The selling price of the products is stated in Swiss Francs (CHF). It includes VAT and any applicable discounts on the day of the order.
4.2 The selling price does not include delivery fees, which are billed separately.
5. Delivery Fees
5.1 The amount of delivery fees depends on the chosen delivery method, destination, type of product, and the weight of the order.
5.2 Delivery fees are waived, except for the following items: aquariums valued at less than CHF 1,000, packages longer than 100 cm, and heavy packages weighing more than 30 kg.
5.3 The Seller reserves the right to impose a specific delivery method for certain fragile or large items.
5.4 For orders placed on the Swiss Aqua Shop platform, the amount of delivery fees is indicated to the Buyer in the order summary ("cart") before finalizing the order.
5.5 For orders placed directly at the Seller's premises, the amount of delivery fees is communicated to the Buyer by the Seller.
5.6 In the case of delivery outside Switzerland or Liechtenstein, the Buyer is responsible for customs clearance fees and any applicable taxes in the destination country, in addition to the delivery fees indicated at the time of the order.
6. Delivery Time
6.1 For orders placed on the Swiss Aqua Shop platform, the delivery time for the entire order is indicated in the order summary ("cart") and in the order confirmation sent by email to the Buyer.
6.2 For orders placed directly at the Seller's premises, the delivery times are communicated to the Buyer by the Seller and in the order confirmation handed over to the Buyer.
6.3 The delivery times indicated to the Buyer are for reference purposes. The Buyer is obliged to accept the delivery of the goods even if it occurs after the indicated time. Failure to meet a delivery time does not entitle the Buyer to any claims against the Seller.
7.1 When placing an order on the Swiss Aqua Shop platform and when the order is ready for delivery, an email is sent to the Buyer to indicate that the order is in the process of being delivered.
7.2 Each delivery is accompanied by a delivery note.
7.3 Deliveries are made against acknowledgment of receipt, by Swiss Post, or by a shipping service authorized by the Seller. The Buyer can also pick up the ordered goods directly at the Seller's premises.
7.4 If the Buyer does not take possession of the goods sent by Swiss Post within the 7 (seven) days of storage, the goods will be returned to the Seller, who will keep them. The purchase price already paid will be refunded to the Buyer, minus the costs related to the return of the goods.
7.5 When the goods are delivered by the shipping service authorized by the Seller, the Buyer and the shipping service will agree on a delivery date. If the Buyer does not receive the goods on the agreed date, the goods will be returned to the Seller, who will keep them. The purchase price already paid will be refunded to the Buyer, minus the costs related to the return of the goods.
7.6 Aquariums are delivered by a carrier. Delivery is made to the ground floor of your residence on a pallet. Under no circumstances will the carrier make deliveries inside your home.
8. Transfer of Risks
8.1 The transfer of risks - which includes the risk of loss and damage to the goods - passes to the Buyer upon dispatch of the goods.
8.2 If the Buyer does not take possession of the goods or returns them to the Seller, the Buyer bears the risks until the goods are received by the Seller.
9.1 Payment for the goods can be made, at the Buyer's choice, by invoice (prepayment), credit card (Visa, Mastercard, and Postcard), or gift cards.
9.2 The Seller reserves the right to assess the Buyer's creditworthiness. By placing an order with the Seller, the Buyer agrees to such an assessment.
9.3 The Seller may unilaterally impose a payment method on the Buyer or refuse to enter into a Contract with the Buyer.
Payment by Invoice
9.4 If the Buyer chooses to pay by invoice, the Seller will send a detailed invoice and a payment slip with the order, either by email for orders placed on the Swiss Aqua Shop platform or in person for orders placed directly at the Seller's premises.
9.5 The selling price must be paid within the period indicated on the invoice. In the absence of payment within the period, the Seller will not proceed with the order, and the ordered goods will be placed back for sale.
9.6 If the invoice is paid through e-banking, the Buyer must use the bank details mentioned on the invoice. The Buyer may also make the transfer to the Seller's bank account with IBAN CH85 0483 5024 2333 3100 0, SWIFT CRESCHZZ80A, indicating the customer number as the payment reference.
Payment by Credit Card (Visa, MasterCard, and PostFinance)
9.7 If the Buyer chooses to pay by Visa or MasterCard credit card, the Buyer's credit card will be charged for the order amount upon dispatch of the goods. If an item is out of stock or the order is canceled in whole or in part, the Seller will deduct the corresponding amount from the total selling price and debit the balance to the Buyer's credit card.
9.8 If the Buyer chooses to pay by PostFinance credit card, the Buyer's credit card will be charged for the order amount upon order confirmation. If an item is out of stock or the order is canceled in whole or in part, the Seller will refund the Buyer by making a payment to the credit card-linked account or the bank account, the details of which will be provided by the Buyer.
9.9 The Buyer bears any additional bank transaction costs (debit/credit) that may be charged by their bank.
Payment by Gift Cards
9.10 The Seller only accepts payment through gift cards that have been previously activated in the "Gift Cards Area" of the Seller's website.
10. Return Policy
10.1 Delivered goods can be returned within 14 (fourteen) days from the date of delivery. In the case of successive partial deliveries, the 14 (fourteen) day period starts running from the receipt of each package.
10.2 The returned goods must be intact, complete, in their original packaging with the label containing their references, and accompanied by the return form obtained from the Seller or on their website. If the returned goods do not meet these criteria, the Seller is entitled to reject them and return them to the Buyer. The costs of the new delivery will be charged to the Buyer.
10.3 In the case of returning goods, the return costs are borne by the Buyer, except for returns made directly at the Seller's premises.
10.4 The following items cannot be returned, including books and magazines, plants, animals, and products that are likely to deteriorate during reshipment (e.g., fresh or frozen products).
10.5 Goods delivered in kit form that have been unpacked and assembled, as well as custom-made or personalized goods, cannot be returned. Unpacked kit goods will be taken back for a lump sum of CHF 100.- (one hundred Swiss francs) including VAT, which corresponds to the reconditioning costs of the goods by the Seller.
10.6 After receiving and inspecting the returned goods, the Seller will refund the purchase price to the Buyer by making a payment to the credit card-linked account used for payment or the bank account whose details are provided by the Buyer.
11. Inspection of Goods
11.1 The Buyer must inspect the goods within 2 (two) days of receipt. The Buyer must immediately notify the Seller of any defects or damage observed. In the absence of notice from the Buyer within the aforementioned 2 (two) day period, the goods are deemed to have been received in good condition, free from defects or damage, and accepted as is, except for hidden defects.
11.2 In the event of the discovery of a hidden defect, the Buyer must notify the Seller immediately upon discovery. The Buyer will forfeit warranty claims for defects in case of late notice.
12.1 Subject to the obligations under sections 11.1 and 11.2, all goods sold are warranted for 2 (two) years. The warranty begins on the date of delivery of the item.
12.2 The warranty does not cover defects resulting from an accident, improper handling, non-compliant use, or unauthorized modification or repair, as well as defects resulting from the normal wear and tear of the goods.
12.3 To assert their warranty rights for defects, the Buyer must return the defective goods under warranty to the Seller at their own expense.
12.4 If the Seller finds a warranty case, the Seller may, at their sole discretion, replace the defective goods and/or parts with an equivalent product or spare parts, or repair them. If there is no equivalent product or spare part or if the goods cannot be repaired, the Seller may, at their discretion based on the extent of the observed defect, compensate the Buyer for the reduced value resulting from the defect or refund the full purchase price.
12.5 The Seller undertakes to make every effort to process the warranty claim within a reasonable time.
12.6 Under no circumstances can the Seller be held liable to the Buyer or third parties for indirect or consequential damage, including any loss of profit or loss of savings, production, contract, goodwill, or business opportunity resulting from a defective item. In this regard, the Buyer waives all claims for damages related to a defective item.
13. Protection of Personal Data
13.1 During orders, the personal data of a Buyer is collected and subject to computer processing.
13.2 The Seller ensures that customer data is processed in accordance with applicable laws and in a confidential manner. The recorded data is used, in particular, for order processing, the administration of Buyer's personal accounts, internal marketing studies, and the preparation of internal statistics. The purpose of data processing is to improve service quality, quality control, and market research.
13.3 The Buyer authorizes and consents to the Seller to:
- Obtain or forward their recorded data to third parties to the extent necessary for the performance of a certain service (e.g., administration and management of personal accounts, payment monitoring, payment for goods from a supplier, use of a financial intermediary, etc.).
- Communicate all data necessary for debt collection to a third party.
13.4 The Buyer can, at any time, limit or prohibit the use of their data by the Seller for marketing and advertising purposes.
14. Abuse of Promotional Codes
14.1 The Seller may send promotional codes to Buyers so that they can benefit from special offers. These promotional codes are personal and non-transferable. They must not, under any circumstances, be shared with third parties or on promotional sharing platforms.
14.2 The Buyer who receives a promotional code is only authorized to use it once, subject to the conditions of the offer. The Buyer is not allowed to use other promotional codes than those addressed directly by the Seller.
14.3 Any abuse of promotional codes, such as making multiple purchases with different accounts, entering promotional codes intended for third parties, or making multiple purchases in a short period, will give the Seller the right to i) terminate the contract and ii) claim the return of the goods ordered in violation of this provision. In the event of proven abuse of promotional codes, the Seller will charge the Buyer an amount ranging from CHF 100.- (one hundred Swiss francs) to CHF 500.- (five hundred Swiss francs) as damages and reserves the right to claim additional compensation.
15. Amendment of General Conditions
The Seller reserves the right to amend these General Conditions at any time. The amendments come into effect when published on the Seller's website. Each Contract is governed by the General Conditions in effect at the time of its conclusion.
[Lausanne, le 11.05.2018]