TERMS AND CONDITIONS OF SALE
(ATELIER DU REGARD SARL OR ADR DEVELOPMENT SA)
- Field of application
1.1 The offer of Atelier du Regard Sarl or ADR Development SA (hereinafter referred to as “AdR”) is addressed exclusively to persons (hereinafter referred to as “CLIENTS”) with a delivery address in Switzerland or France.
1.2 These General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) apply to all contracts between the CLIENT and AdR.
- Contract conclusion
2.1 The presentation of products in the ADR online store (www.projet.atelierduregard.ch) does not constitute a binding offer on the part of ADR. When purchasing via the ADR online store, the offer to conclude a contract is made by the CUSTOMER by clicking on the “Send order” button, after completing the order page. By submitting this offer, the CLIENT refers to and accepts these GTC.
2.2 The automated e-mail sent by ADR following dispatch of the order, confirming receipt of the order, does not constitute acceptance of the order.
2.3 The dispatch of an invoice to the CLIENT, the confirmation of dispatch or, at the latest, the delivery of the goods ordered shall be deemed to be a declaration of acceptance on the part of ADR.
2.4 In the case of purchases made by telephone or e-mail, the offer to conclude a contract is made by the CUSTOMER by means of a corresponding verbal or written declaration. The sending of an invoice to the CUSTOMER, the confirmation of shipment or, at the latest, the delivery of the ordered goods shall be considered as a declaration of acceptance on the part of ADR. By submitting his offer, the CUSTOMER refers to and accepts these GTC.
2.5 The scope and subject matter of the contract, in particular the goods ordered and the price, as well as the terms and conditions of performance and, where applicable, the date of performance, are defined in the invoice or dispatch confirmation.
- Price
3.1 All prices for ADR services are gross prices, quoted in Swiss francs (CHF), including VAT, deposit charges and, for electrical appliances, excluding advance recycling charge (ARR) or advance disposal charge (ADC).
3.2 ADR reserves the right to change prices and conditions at any time. The price indicated in the online store at the time the CLIENT makes the offer forms an integral part of the contract. Promotional prices apply only during the period of validity of the respective offer.
- Delivery
4.1 Deliveries are limited to Switzerland and France. Delivery is made to the delivery address and contact person indicated by the CLIENT during the order process.
4.2 The products will be delivered as quickly as possible and as safely and cheaply as possible in accordance with the current standards of Swiss Post.
Any transport damage must be reported immediately in writing to the carrier and to AdR. Under no circumstances is it possible to claim compensation and/or cancellation from AdR for any damage or delay in delivery of products due to transport problems.
Postage is only charged for purchases under CHF 250.
Subject to agreement with AdR, customers may collect goods directly from AdR stores, in which case delivery is free of charge.
4.3 Delivery is subject to the condition of proper delivery by ADR’s suppliers. Force majeure, in particular strikes or other industrial action, riots, war, natural disasters and any suspension of deliveries by the supplier or manufacturer, shall not be deemed to constitute a delay in delivery.
4.4 Partial deliveries are permissible if not all items ordered are in stock.
- Transfer of risk
The ADR obligation is fulfilled when the goods are handed over to the carrier. Upon shipment, the risk is transferred to the customer. ADR cannot be held responsible for any fault on the part of the carrier. In the case of material services, the risk is transferred to the CUSTOMER at the time of delivery or, in the event of delayed acceptance on the part of the CUSTOMER, at the beginning of the delay.
- Warranty and withdrawal
6.1 The CUSTOMER is obliged to check the condition of the delivered goods as soon as is reasonably practicable in the normal course of business and to notify ADR of any identified defects without delay. Obvious transport damage must be noted on the delivery documents and reported in writing to ADR and the carrier without delay. Hidden defects must be reported immediately after discovery, otherwise the delivered goods are deemed to have been accepted.
6.2 ADR shall perform the warranty by remedying the defects, by repair or replacement delivery, at ADR’s option. Replaced products become the property of ADR. In this case, ADR is also free to cancel the contract. The CUSTOMER only has a right of withdrawal in the event of major defects and simultaneous failure of the repair or replacement delivery. Otherwise, the customer has no right of withdrawal on any legal grounds whatsoever.
- Liability
To the extent permitted by law, all liability of ADR for damages incurred by the CLIENT is excluded, irrespective of the legal grounds for the claim.
- Right of return
8.1 The return of faultless goods must be requested in writing by the CLIENT within seven (7) days of delivery and must be expressly accepted by ADR.
The goods must be returned in perfect condition, without signs of use, in the original packaging, with postage paid. Goods must be returned to the following address: Atelier du regard, Rue W. Haldimand 14 – 1003 Lausanne.
8.2 In the event of loss of the parcel, the return can only be credited on presentation of the receipt issued by the post office when the parcel was deposited.
- Terms of payment
9.1 Payment of the price is made directly on the www.projet.atelierduregard.ch website.
Payments via the online store are guaranteed by encrypted transmissions according to the highest standards offered by PayPal and myPos.
9.2 The CUSTOMER is only entitled to a right of set-off or retention insofar as the claim has been judicially established or is undisputed. The presence of defects only entitles the retention of an appropriate part of the price in relation to the reported defect.
- Reservation of ownership
The delivered goods remain the property of ADR until the price has been paid in full. ADR is entitled to make a corresponding entry in the register of retention of title agreements.
- Data protection
11.1 The collection and processing of the CLIENT’s personal data by ADR is subject to the Federal Data Protection Act of June 19, 1992 (RS 235.1) and the related ordinance of June 14, 1993 (RS 235.11).
ADR collects personal data (e.g. surname, first name, e-mail address, telephone numbers, industry, date of birth, private and business addresses, IP addresses) from users who register as customers and/or order goods in the ADR online store, by telephone or e-mail, for the following purposes:
. Verification of contractual requirements
. Contract management (including invoicing),
. Debt collection
. Customer database management,
. Internal analyses (including statistics),
. Basket analysis,
sending newsletters and other direct marketing purposes, including advertising (e.g. by e-mail, telephone, SMS, mail), and
personalization of advertisements and product offers on the website.
Personal data will not be passed on to advertisers.
When accessing the “projet.atelierduregard.ch” website and other websites that link to “projet.atelierduregard.ch”, access data (in particular IP address, date and time of access, name of file accessed, etc.) is also stored. However, this data is not evaluated in relation to the individual. The data is analyzed anonymously for statistical purposes, e.g. to determine the number of accesses per day.
11.2 Transmission of personal data to third parties
The personal data collected is passed on to ADR’s carriers, insofar as this is necessary for the execution of the contract and in particular for the delivery of the goods. For payment management purposes, ADR forwards payment data to its bank. The bank will only process personal data for the purposes for which ADR is authorized to do so. In the context of corporate transactions (particularly in the case of asset transfers), the personal data collected is also passed on to companies associated with ADR or to third parties and, in the course of checks carried out prior to such a transaction (due diligence), made accessible to interested third parties.
11.3 User rights
Upon request, ADR will provide the user with all personal data collected from the user, including available information on the origin of the data, the purpose of the processing, the persons involved in the processing and the recipients of the data. The user may at any time request the complete or partial deletion of personal data collected by ADR. If the user expressly requests that ADR no longer process his personal data, ADR will refrain from any further processing and will no longer send him any advertising or newsletters.
11.4 Data controller
ADR Devolpment SA, Rue W. Haldimand 14 1003 Lausanne, is responsible for managing the file. Management
will answer any questions relating to data protection and user rights at the above address.
11.5 safety measures
ADR uses technical and organizational security measures to ensure adequate protection of personal data collected by ADR against unauthorized access, improper use, accidental or intentional manipulation, loss or destruction. Technical security measures are regularly checked and, if necessary, adapted to technological progress.
- Safeguard clause and reservation of modifications
12.1 Should individual provisions of these GTC be invalid or incomplete, or should their execution become impossible, this shall have no influence on the validity of the remaining provisions. The parties undertake to replace the invalid provision by a valid and effective provision whose content is as close as possible to the economic meaning and purpose of the invalid provision.
12.2 Any amendments and/or supplements to these GTC must be made in a form that provides proof by text, such as in particular letter or e-mail. This also applies to any change in the written form requirement. By using ADR’s services after a change in the GTC, the CLIENT tacitly accepts the new GTC.
12.3 Any other contractual condition stipulated by the CLIENT, in particular any condition which the CLIENT declares to be applicable with acceptance of the contract, shall not form part of the contract. Any such condition shall only be valid if and insofar as it has been expressly accepted in writing by ADR.
- Applicable law and place of jurisdiction
Only Swiss law is applicable, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Lausanne. ADR is also entitled to file a claim at the domicile of the CLIENT or at any other legally competent court. In the event of disputes arising from contracts concluded with consumers, the place of jurisdiction is the domicile of the CUSTOMER when the action is brought by ADR, and the domicile or registered office of one of the parties when the action is brought by the CUSTOMER.
These terms and conditions of sale are written in French. In the event of discrepancies or doubt when translated into another language, the French version shall prevail.