1. Scope of application
The following General Terms and Conditions (GTC) apply to all orders placed on our website. The offer on this website is aimed exclusively at consumers domiciled in Switzerland (hereinafter referred to as ‘Customer’).
A consumer is defined as a natural person who has a business relationship with www.baratin-diffusion.ch that cannot be attributed to their commercial or self-employed activity. Orders for quantities not customary for a household may be refused without justification.
www.baratin-diffusion.ch reserves the right to amend these GTC at any time. The version of the General Terms and Conditions in force at the time of the order is authoritative and cannot be unilaterally modified for this order. Customer conditions that are contrary to or deviate from these GTC shall not be recognised.
The operator of this website is www.baratin-diffusion.ch (https://www.baratin-diffusion.ch/fr/content/2-mentions-legales).
2. Information on this website
www.baratin-diffusion.ch contains information on products and services. We reserve the right to make changes to prices, product ranges and technical specifications. All data on www.baratin-diffusion.ch (product descriptions, images, illustrations, films, dimensions, weights, technical specifications, relationships with accessories and other data) are provided for illustrative purposes and should be regarded as approximate values and are not binding. In particular, they do not constitute an assurance of characteristics or guarantees, unless explicitly stated otherwise. www.baratin-diffusion.ch endeavours to provide all data and information on this website in a correct, complete, up-to-date and clear manner, but www.baratin-diffusion.ch cannot give any guarantee in this respect, either explicitly or implicitly.
All offers on this website are without obligation and should not be regarded as binding offers.
www.baratin-diffusion.ch cannot guarantee that the products mentioned will be available at the time the order is placed. Consequently, all information relating to availability and delivery times is provided without guarantee and may be changed at any time without notice.
3. Prices
The sales prices indicated on www.baratin-diffusion.ch are final prices and include, unless otherwise stated, statutory VAT and any other statutory taxes such as advance recycling tax (ARR) or copyright for electronic devices. Prices are net prices in Swiss francs (CHF).
Unless otherwise agreed, any shipping costs will be invoiced in addition and must be paid by the customer. Shipping costs are indicated separately in the order process.
Subject to technical modifications, errors and misprints, www.baratin-diffusion.ch may modify its prices at any time and without prior notice. Sales prices do not include consultancy and support services.
4. Conclusion of contract
The products and prices indicated on this website are considered to be non-binding offers.
By placing an order via this website, including acceptance of these GTC, the customer makes a legally binding offer to enter into a contract. www.baratin-diffusion.ch then sends an automatic order confirmation by e-mail, which confirms that the customer's offer has been received by www.baratin-diffusion.ch. Orders placed are binding on the customer. Unless otherwise stated, there is no right of return or cancellation.
The contract is concluded as soon as www.baratin-diffusion.ch sends an acceptance e-mail confirming dispatch of the products or services ordered.
Orders will only be delivered once full payment has been received (exception: delivery against invoice) and insofar as the goods are available. If it turns out that the goods ordered cannot be delivered or can be delivered only in part, www.baratin-diffusion.ch is entitled not to accept the order or to execute it only in part. In such a case, www.baratin-diffusion.ch will inform the customer by e-mail. If the customer's payment has already been received by www.baratin-diffusion.ch, the payment will be refunded to the customer. If no payment has yet been made, the customer will be released from his payment obligation.
5. Methods of payment and retention of title
The customer has the payment options indicated in the order process.
www.baratin-diffusion.ch reserves the right to exclude customers from certain payment methods or to demand advance payment without having to justify itself.
www.baratin-diffusion.ch may, in the event of late payment by the customer, charge interest on arrears of 5% per annum as well as reminder charges of a maximum of CHF 20 per reminder.
The products delivered to the customer remain the property of www.baratin-diffusion.ch until they have been paid for in full.
6. Delivery, obligation to inspect, complaints and returns
Deliveries are sent by post or courier to the address indicated by the customer in the order.
www.baratin-diffusion.ch endeavours to keep delivery times as short as possible. However, any delivery times indicated in the order confirmation are non-binding. www.baratin-diffusion.ch is authorised to make partial deliveries. In this case, the customer will only be invoiced once for the delivery costs.
If delivery against invoice is offered, the invoice will be sent, at www.baratin-diffusion.ch's discretion, by e-mail or by post.
If the delivery cannot be made or if the customer refuses delivery, www.baratin-diffusion.ch may terminate the contract after informing the customer by e-mail and allowing a reasonable period of grace, and charge the travel costs.
The customer is obliged to check the goods delivered as soon as they are received and to report any defects immediately in writing, by post or by e-mail to the address given in the legal notice (> link), for which www.baratin-diffusion.ch is liable.
Returns to www.baratin-diffusion.ch are made at the customer's expense and risk. The customer must send the goods in their original packaging, complete with all accessories and accompanied by the delivery note and a detailed description of the defects to the returns address indicated by www.baratin-diffusion.ch Impressum (>Link).
If, upon examination by www.baratin-diffusion.ch, it is found that the goods have no detectable defects or that they are not covered by the manufacturer's warranty, www.baratin-diffusion.ch may invoice the customer for the costs of travel, return or possible disposal.
7. Right of withdrawal
A right of withdrawal is granted to the customer for 10 calendar days from receipt of the goods. The deadline is deemed to have been met if the customer sends the written cancellation by e-mail or letter (address as per legal notice, https://www.baratin-diffusion.ch/fr/content/2-mentions-legales) to www.baratin-diffusion.ch within the specified period. The withdrawal does not need to be justified.
Exercising the right of withdrawal results in the cancellation of the contract. The customer must return the goods in their original packaging, complete with all accessories and accompanied by the delivery note, within 10 calendar days to the returns address indicated by www.baratin-diffusion.ch in the legal notice (> link). Returns to www.baratin-diffusion.ch are at the customer's expense and risk. Any payment already made will be refunded to the customer within 20 calendar days, provided that www.baratin-diffusion.ch has already received the returned goods or that the customer can provide proof of dispatch.
www.baratin-diffusion.ch reserves the right to demand reasonable compensation in the event of damage, excessive wear or loss of value due to misuse and to deduct the loss of value from the purchase price already paid or to invoice it to the customer.
No right of withdrawal is granted in the following cases:
(i) Where the contract contains a random element, in particular because the price is subject to fluctuations over which the supplier has no influence;
(ii) where the subject of the contract is movable property which, due to its nature, cannot be returned or is likely to deteriorate rapidly;
(iii) where the subject matter of the contract is movable property made to the customer's specifications or clearly adapted to his personal needs;
(iv) where the subject matter of the contract is digital content and the content is not made available on a fixed data carrier or where the contract must be performed immediately and in full by both parties;
(v) where the subject matter of the contract is the provision of services and the contract is to be performed in full by the supplier, with the customer's express prior consent, before the withdrawal period has expired.
(vi) In the fields of accommodation, transport, the supply of food and drink and leisure, where the supplier undertakes, when the contract is concluded, to provide the services on a specific date or within a specific period.
8. Guarantee
www.baratin-diffusion.ch endeavours to deliver goods of impeccable quality. In the event of defects notified in good time, www.baratin-diffusion.ch guarantees the absence of defects and the proper functioning of the item purchased by the customer for the statutory warranty period, which is generally two years from the date of delivery. It is left to the discretion of www.baratin-diffusion.ch to provide the guarantee by means of a free repair, an equivalent replacement or a refund of the purchase price. All other warranty claims are excluded.
The guarantee does not cover normal wear and tear or the consequences of inappropriate treatment or deterioration by the customer or third parties, or defects due to external circumstances. Similarly, the warranty does not cover consumable and wear parts (e.g. batteries, etc.).
www.baratin-diffusion.ch is not in a position to give any assurances or guarantees as to the topicality, completeness and accuracy of the data or as to the permanent or uninterrupted availability of the website, its functions, integrated hyperlinks and other content. In particular, there is no guarantee or warranty that use of the website will not infringe the rights of third parties not owned by www.baratin-diffusion.ch.
9. Liability
www.baratin-diffusion.ch excludes all liability, irrespective of the legal basis, and all claims for damages against www.baratin-diffusion.ch and any of its auxiliaries and vicarious agents. In particular, www.baratin-diffusion.ch is not liable for indirect damage, consequential damage, loss of profit or other personal injury, material damage or purely pecuniary damage suffered by the customer. We reserve the right to impose greater liability, for example in cases of gross negligence or unlawful intent.
www.baratin-diffusion.ch uses hyperlinks solely to facilitate the customer's access to other websites. www.baratin-diffusion.ch cannot be aware of the content of these websites in detail, nor can it accept any liability or any other form of responsibility for the content of these websites.
10. Data protection
www.baratin-diffusion.ch may process and use the data recorded in connection with the conclusion of the contract to fulfil the obligations arising from the sales contract and use it for marketing purposes. The data required to provide the service may also be passed on to commissioned service partners (logistics partners) or other third parties.
The data protection provisions can be viewed in detail at the following link: https://www.baratin-diffusion.ch/fr/content/6-politique-de-confidentialite
11. Partial validity
Should any provision of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
12. Other provisions
www.baratin-diffusion.ch expressly reserves the right to amend these GTC at any time and to bring them into force without prior notice.
In the event of a dispute, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG, Vienna Convention) is expressly excluded.
The place of jurisdiction is the registered office of www.baratin-diffusion.ch.
13. Protection of minors
In Switzerland:
The sale and supply of alcohol is prohibited throughout Switzerland for persons under the age of 16.
Fermented alcoholic beverages such as beer and wine may not be sold or supplied to under-16s; spirits and alcopops may not be sold or supplied to under-18s.
In Ticino, the sale of all alcoholic beverages is prohibited to under-18s.
France:
The sale and supply of alcohol to under-18s is prohibited throughout France.
14. Contact
If you have any questions about these terms and conditions, please contact: Cf Legal notice https://www.baratin-diffusion.ch/fr/content/2-mentions-legales