ARTICLE 1 – SCOPE OF THE
GENERAL CONDITIONS OF SALE – OPPOSABILITY

These general conditions of sale are applicable to the products and/or services offered by the Terasan Company on the Website.

The Products and Services presented on the Terasan.ch website are offered for sale only for Switzerland without the express prior agreement of the Company.

Any order placed by the Customer entails his acceptance of the Conditions in their version in force on the day of the order, the Company reserving the possibility of adapting and/or modifying these Conditions at any time.

The Conditions are accessible on the Website at the address www.terasan.chet prevail over any other document.

The fact that the Company does not take advantage at a given time of any of these Conditions cannot be interpreted as a waiver of the right to take advantage of said Conditions at a later date.

 

ARTICLE 2 – ORDER

Any order made by the Customer on the Website is considered firm and definitive as soon as it is validated by the Customer, subject to the exercise of the right of withdrawal, as provided for in Article 7.

Product offers and prices are valid as long as they are visible on the Website, within the limits of their availability. When an order is placed on the Website, the availability of the product(s) ordered is checked. In the event of unavailability, the Company undertakes to reimburse the unavailable product(s) within 15 days. In the event of an order whose products are partially available, the delivery of the available products is only made upon confirmation by the Customer.

The terms of the Customer’s order placed on the Website are set out in a summary email sent to the email address provided by the Customer.

These Conditions as well as the prices of the Products and Services sold on the Website are irrevocably approved and accepted by the customer upon validation of the order. The customer acknowledges having read it by the “double click” that he performs and thus waives the right to rely on any contradictory document and, in particular, his own general conditions of purchase. The “double click” associated with the authentication and non-repudiation procedure as well as the protection of the integrity of the messages constitutes an electronic signature. This signature has the same value between the parties as a handwritten signature.

The benefit of the order is personal to the buyer and cannot be transferred without the agreement of the Company.

 

ARTICLE 3 – PRICE – METHODS AND TERMS OF PAYMENT – DELAY OR DEFAULT

3.1 – PRICES

The selling prices of the Products and Services are those applicable at the time of the order, as communicated on the Website, in Switzerland.

The prices are inclusive of all taxes (TTC), calculated at the current VAT rate.

Delivery costs are charged extra. Deliveries in Europe are subject to specific pricing for shipping costs and deliveries outside Switzerland (France, Belgium, Germany, etc.) are subject to the prior express agreement of the Company and may incur additional costs.

3.2 – METHODS AND TERMS OF PAYMENT

The Company is not required to deliver the Products and/or Services ordered by the Customer until payment for the order is confirmed under the conditions and according to the methods chosen by the Customer from the options below. after indicated.

Payments made by the Customer will only be considered final after effective collection of the sums due by the Company.

Depending on the amount of the order, a choice of payment method is offered from the following list:

• By credit card: payment is processed by our partner STRIPE, the leader in secure payments on the Internet. The order is processed upon acceptance of payment.
• By transfer: at the end of the order validation process, on the Website, we present you with an order confirmation screen. You must then make a bank transfer to the order of Swissbain Sarl with your name and the order number indicated on the confirmation screen.
  The order is processed upon receipt and collection of the transfer.
  In the absence of receipt of payment by bank transfer within one week of the presentation of the confirmation screen, the order is cancelled.

Payment is processed by Stripe, a company specializing in securing online transactions. The Company has no access to your bank details, and does not keep them on its servers. This is why you are asked for them again with each new transaction on the Website.

Except with the express, prior and written agreement of the Company, and provided that the reciprocal receivables and debts are certain, liquid and payable, no compensation may be validly made between any penalties for late delivery or non-compliance of the Products and /or Services to order and the amounts due for the purchase of products from the Company.

In general, the Customer may not, under the pretext of a complaint made by him, withhold all or part of the sums due to the Company, nor operate compensation. Payment for Products and/or Services is made in cash without discount.

Vouchers and discount codes can only be used for the purchase of material goods. Vouchers and discount codes cannot be converted to a refund check.

In principle, the Company reserves the right to refuse to honor an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.

3.3 – LATE OR NON-PAYMENT

Any amount not paid on the due date automatically entails, from the day following the payment date shown on the invoice, the application of penalties of an amount equal to three times the legal interest rate.

Unless otherwise agreed, the amount of this late payment interest will be automatically charged to any discounts, rebates or rebates owed by the Company.

In addition, a lump sum indemnity for recovery costs in the amount of 50 francs will be due.

These penalties and costs will be payable upon simple request by the Company. In the event that the recovery costs incurred are higher than this flat rate, the seller reserves the right to request additional compensation on justification.

In the event of non-payment, forty-eight hours after a formal notice has remained unsuccessful, the sale will be automatically terminated if the Company sees fit, which may request, in summary proceedings, the return of the products, without prejudice to any other damages. -interests. The resolution will affect not only the order in question but also all previous unpaid orders, whether delivered or in the process of being delivered and whether their payment is due or not. In the case of payment by bill of exchange, failure to return the bill will be considered as a refusal of acceptance similar to a default of payment. Similarly, when the payment is staggered, the non-payment of a single installment will result in the immediate payment of the entire debt, without formal notice.

In all the above cases, the sums that would be due for other deliveries, or for any other cause, will become immediately payable if the Company does not opt ​​for the resolution of the corresponding orders.

Under no circumstances may payments be suspended or be the subject of any compensation whatsoever without the prior written consent of the Company. Any partial payment will be deducted first from the non-privileged part of the claim, then from the sums for which payment is the oldest.

The Company does not intend to grant any discount for payment in cash or on a date prior to that resulting from the general conditions of sale.

 

ARTICLE 4 – DELIVERIES

4.1 – TERMS

Products purchased on the Website are delivered by a specialized partner carrier to the delivery address indicated by the Customer during the order validation process, which may be different from the billing address.

The delivery address can be changed until the day an email is sent to the Customer informing him of the launch of the transport shipment.

The Customer must ensure the possibilities and means of access allowing the delivery of the Products to him; the Products are delivered to the places designated by the Customer in Switzerland, subject to accessibility. For deliveries outside Switzerland (France, Belgium, Germany, etc.), contact us at the following email address: contact@terasan.ch.

4.2 – DEADLINES

Delivery times depend on the availability of the items ordered and the delivery method chosen, as defined in article 4.1. The deadlines indicated on the Website are calculated in working days (excluding Saturdays, Sundays and public holidays) and run from the validation of the order as defined in Article 2.

Delivery times correspond to the accumulation of shipping times and estimated delivery times for the order.

Delivery times are indicated as exactly as possible but are based on the Company’s supply and transport possibilities.

In the case of an order for several products, the delivery shipping time corresponds to the longest shipping time among the times applicable to each package of the order, the Company reserving the possibility of splitting the order into several deliveries, at no additional cost to the customer.

The customer is informed of the shipping time by email, as for any major overrun of this time. In any case, the time indicated is only indicative and any overrun of said delivery time cannot give rise to damages, withholding or cancellation of orders in progress.

Deliveries are made only according to availability and in the order of arrival of orders. The Company is authorized to make deliveries in whole or in part.

4.3 – RISKS – RECEPTION

In all cases, the Products travel at the risk and peril of the customer to whom it belongs in the event of damage or failure to make all necessary observations with the carrier and to confirm his reservations by email to the Company within three days following the receipt of goods.

Notification of reservations by the customer must be made in detail to the carrier at the time of delivery. By signing the delivery note without mentioning specific reservations, the customer certifies that the Products delivered are in perfect condition, that they comply with his order, and that the delivery and installation have been made in accordance with these Conditions. In the absence of specific reservations from the customer on the delivery note describing any damage observed, no claim can be made to the Company or the carrier. The mention “subject to unpacking” is unenforceable against the

Without prejudice to the procedure applicable to the receipt of the order, complaints about apparent defects or the non-conformity of the product delivered with the product ordered or the packing slip, must be made in writing within eight days of delivery. and, in any event, prior to their modification or installation.

It will be up to the customer to provide any justification as to the reality of the defects or anomalies noted. He must give the Company every facility to proceed with the observation of these defects and to remedy them. He will refrain from intervening himself or having a third party intervene for this purpose.

4 .4 – SERVICES AT THE CHARGE OF THE CUSTOMER

The assembly, finishing and customization of the Products are carried out by the Customer.

It is specified that the plumbing, supply (water, gas, electricity) and evacuation connections are nearby connections, i.e. less than one meter from the connection point in the installation room and that no intervention will be carried out on networks that are not in perfect working order.

 

ARTICLE 5 – RETURN

Any product return must be the subject of a formal agreement between the Company and the customer. Any product returned without this agreement would be kept at the disposal of the customer and would not give rise to replacement or reimbursement. The risks of the return are always the responsibility of the customer. The costs are however borne by the Company.

No return will be accepted after a period of fifteen days following the delivery date.

Returned goods must be in their original condition and packaging.

Any return accepted by the Company will result in the replacement of the Product for the benefit of the customer, or its reimbursement in the event of material impossibility of replacement, after qualitative and quantitative verification of the returned products.

Returns that do not comply with the above procedure will be sanctioned by the loss for the customer of his right to replacement or reimbursement.

 

ARTICLE 6 – COMMERCIAL WARRANTY

The Products and Services are guaranteed, on presentation of an original invoice, within the framework, on the one hand, of the legal provisions and, on the other hand, of the Swissbain commercial guarantee.

It is specified that the performance of after-sales services under the guarantees is only carried out in Switzerland. Outside this territory, additional fees are charged.

The Company offers a free commercial guarantee to its Customers, the conditions of which appear on the Website and the mention of which is communicated in the details of the articles concerned.

In the absence of mention on the Website, no commercial guarantee is attached to the Product or to the Service concerned.

By product category, the commercial warranty applies as follows, subject to the exclusions stipulated in these general conditions and the mentions made in detail of the articles concerned on the Website: terasan.ch

The warranty is valid subject to correct and normal installation and use of the Product and compliance with the manufacturers’ recommendations.

The replacement of consumables as well as malfunctions linked to a lack of maintenance and/or normal wear and tear of the Products are not covered by the commercial guarantee.

Damage caused by external objects and/or by natural or artificial light (in particular in the event of discoloration or yellowing) is not covered by the commercial guarantee.

In general, are excluded from the warranty, visible defects, defects and deterioration caused by natural wear and tear or by an external accident, or by a modification of the product not provided for or specified by the Company.

In any event, the Company’s liability is limited to the amount invoiced for the Product to the customer, excluding any other compensation of any kind whatsoever and in particular excluding compensation for any immaterial damage. which would be the consequence, direct or indirect, of the defect of the Product. .

Under this guarantee, the only obligation incumbent on the Company will be, at its option, the free replacement or repair of the Product or of the element recognized as defective by its services, unless this mode of compensation proves impossible or disproportionate.

To benefit from the guarantee, any product must first be submitted to the Company’s after-sales service, whose agreement is essential for any replacement. Any shipping costs are the responsibility of the customer, who cannot claim any compensation in the event of immobilization of the Product due to the application of the guarantee.

 

ARTICLE 7 – RIGHT OF WITHDRAWAL

In the case of an order for Products placed on the Website, the customer has a withdrawal period of fourteen days from the receipt by the customer of the Products ordered.

In the case of an order for several Products delivered separately or in the case of an order for a Product made up of lots or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or of the last piece.

Within a maximum period of fourteen days from the communication to the Company of its decision to withdraw, the customer must return to the Company the Products concerned, in their perfect original condition as well as in their original packaging, accompanied of all possible accessories, instructions for use and documentation. Incomplete, damaged or soiled items cannot be refunded.

To make this return, the customer must first contact the Company’s Customer Service by sending an e-mail to the following address : contact@terasan.ch.

The mode of transport to be used can thus be communicated to him and the Company will register his return request.

Any Product returns will be made at the customer’s risk. The return costs are however borne by the Company. Subject to compliance with the above conditions, the Company undertakes to reimburse the Customer for the price of the returned Products as well as the delivery costs, within fourteen (14) days from the date of recovery of the products by the Company or from the transmission by the Customer of proof of the sending of the returned Products, the date retained being that of the first of these facts.

The right of withdrawal does not apply to specific orders such as non-standard colors, mass production or any specific production at the express request of the customer.

 

ARTICLE 8 – TERMINATION – INDEMNITY AND PENALTIES FOR DELAY

In the event of total or partial cancellation of the order decided unilaterally by the customer, subject to the right of withdrawal provided for in Article 7 above, and notwithstanding the late payment penalties provided for in Article 3.3 above, failure to pay all or part of the price, the Company may terminate the contract, take back the Products made available and retain the sums already received as damages, subject to any other damages that may be charged client

 

ARTICLE 9 – LAW AND ATTRIBUTION OF JURISDICTION – MEDIATION

Swiss law is exclusively applicable. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. For natural persons, the competent court is that of Geneva or that of their place of residence; for legal persons, the only competent court is that of Geneva.

The parties agree that the order and these Conditions, which form an integral part thereof, are subject to Swiss law.

In the event of a dispute, the customer must first contact the Company’s customer service department by email at the following address :

When the client acts as a professional, exclusive jurisdiction is conferred on the Court of Geneva. This clause applies even in the event of summary proceedings, incidental claims or multiple defendants or warranty claims, and regardless of the mode and terms of payment, without the jurisdiction clauses that may exist on the documents buyers may obstruct the application of this clause.

 

ARTICLE 10 – PERSONAL INFORMATION

The personal data communicated to the Company by the customer are intended to ensure the successful completion of orders and contracts, the management of commercial relations and invoices, the improvement of the quality of the Products and Services offered, the best response to customer’s expectations, to establish commercial statistics and/or to allow him to benefit from the offers of the Company and/or its commercial partners who will be able to access the information which concerns him in this context. The client consents to the use of this data by the Company and/or by third parties.