LËLYA SARL
1. Scope
These General Conditions of Sale ("General Conditions" or "CG") are applicable to all activities provided by "LËLYA SARL" (hereinafter "The Company"), a limited liability company, located at rue de la Morâche 19, 1260 Nyon, Switzerland and registered with the commercial register of the canton of Vaud (CHE.135.580.811). The purpose of the Company is, among other things, the sale of clothing on the internet for men, women and children.
These General Conditions apply to all sales made by the Company, whether through the Company's official website, www.lelya.ch, through resellers or through sales made by telephone, E-Mail, by oral declaration or by any other manifestation of will.
By accessing the Company's website and using it, in particular by purchasing the Company's products, the customer acknowledges being bound by these General Conditions, which he /she /it declares to have read and understood. These General Conditions can be consulted on www.lelya.ch/content/3-terms-and-conditions.
The Company reserves the right, at its sole discretion, to modify these General Conditions at any time. It is up to the customer to consult them regularly in order to stay informed of any changes. The Conditions applicable at the time of the conclusion of the contract by the customer shall apply, unless the customer has expressly agreed to other provisions in writing.
2. Conclusion of contract
The conclusion of the contract occurs when the customer accepts the offer made by the Company in relation to the purchase of the Company's products.
The contract is in any case concluded as soon as the customer accepts the services offered by the Company and/or when he orders products on the Company's website or when he buys his products directly.
3. Price
Unless otherwise agreed, all prices are quoted in Swiss Francs (CHF). The Company reserves the right to indicate prices in other currencies depending on the countries in which its products will be sold.
All prices quoted include Value Added Tax (VAT), where applicable. The applicable VAT rate is determined according to the country concerned.
Prices do not include any additional taxes that may apply.
Prices include standard shipping and packaging. The express shipping will be charged accordingly to applicable shipping costs for the country of delivery.
The Company reserves the right to modify its prices at any time. The prices indicated on the Company's website as well as those indicated on its price list apply at the time of the conclusion of the contract.
4. Payment
The Company offers to the customer the following payment methods: credit card, PayPal, bank transfer.
Generally, the sale price must be fully paid by the customer upon conclusion of the contract. The Company will send the products ordered as soon as the sale price is paid.
When the Company offers products for sale, rental or for any other use through an internet platform, it then reserves the right to require payment to be made electronically as part of the ordering process. (Credit card, Paypal or other payment systems).
It is not possible for the customer to offset any claim on the amount of the invoice that he must pay to the Company.
5. Company Obligations
5.1. Delivery / Delivery date
The delivery will be made within 5 (five) working days following the order, if it must be made in Switzerland. Longer delays may apply in the case of international sales.
The Company's delivery commitment is void in the event of failure or non-compliance with supply, manufacturing and transport deadlines made by its own suppliers (partners, transport company, etc.), insofar as this delay is not attributable to the Company.
If the delivery has not been made within the aforementioned period, for example in the event of a delay by the carrier, the customer must immediately inform the Company that the products ordered have not been delivered to him.
If the Company, its suppliers or mandated third parties are unable to perform within the scheduled time due to force majeure, for example in the event of a natural disaster, earthquake, volcanic eruption, avalanche, bad weather, storm, storm, war, political or social unrest, civil war, revolution and insurrection, terrorism, sabotage, strike or nuclear accident or damage from nuclear reactors, then the Company is released from the obligation to perform its service during these cases of force majeure as well as for an appropriate period of time following the end of these events.If the case of force majeure lasts more than 30 (thirty) days, the Company is entitled to withdraw from the contract. The Company must then fully reimburse the sums already paid by the customer.
All other claims, in particular those relating to claims for damages resulting from a case of force majeure are excluded.
Unless otherwise agreed, the place of performance is located at the Company's registered office.
The service provided by the Company is considered to have been performed when the products are delivered to the transport company chosen by the Company.
5.2. Auxiliaries
The Company expressly reserves the right to hire auxiliaries in order to perform its contractual obligations.
6. Obligations of the customer
The customer is required to take all necessary measures as soon as possible so that the Company can provide its services. The customer must take all these measures at the place, at the time and in the manner agreed. Depending on the circumstances, the customer will also be required to provide all necessary information and documents to the Company.
The client is personally liable to the Company and to third parties for the proper performance of these duties and fully bears the consequences of any fault.
The Company assumes no liability for services provided by third parties, to the extent permitted by law.
7. Exchange
If the product sold by the Company does not suit the customer, or if the size of the product is not the right one, the customer can exchange the product sold by the Company within 30 (thirty) days starting on the day receipt. To do this, the customer must return this product to the Company (address: LËLYA SARL, Rue de la Morâche 19, 1260 Nyon, Switzerland).
If the product does not suit the customer, it will then be refunded as soon as the returned product has been received by the Company. If the product is returned due to a size problem, the Company will send to the customer a similar product corresponding to his/her/its measurements.
8. Withdrawal
Following the order, the customer cannot withdraw. He/she/it may nevertheless exchange the product he/she/it has received under the conditions of ch. 7 expressed above.
9. Warranty
The statutory warranty provisions apply.
If the product sold by the Company has a defect, the customer can be reimbursed or receive a similar product in exchange, by returning the product within 30 (thirty) days starting on the day of receipt. To do this, the customer must return this product to the Company (address: LËLYA SARL, Rue de la Morâche 19, 1260 Nyon, Switzerland).
10. Liability
Any liability for consequential damage or indirect damage is excluded.
Liability in the event of direct damage is limited to the contractually agreed amount. This limitation of liability does not apply in the event of fraud or gross negligence.
Any liability of auxiliaries is excluded, to the extent permitted by law.
11. Intellectual property rights
The Company has all the rights to the products and services it offers.
Neither these Terms and Conditions nor the individual agreements relating thereto deal with the assignment of intellectual property rights, unless expressly provided for.
In addition, any reuse, publication or distribution of information, images, texts or any other elements that the customer receives in connection with these provisions are excluded, unless expressly authorized by the Company.
The customer must ensure that he does not infringe any intellectual property rights of third parties when he uses content, images, texts or figurative elements, when he uses them in relation to the Company.
12. Data Protection
The Company must process and use the data collected at the time of the conclusion of the contract in order to fulfill its contractual obligations. The Company takes all necessary measures to ensure data protection in accordance with legal provisions. The customer accepts that his data will be recorded and used in accordance with the contract and is aware of the fact that the Company may communicate his/her/its data or data of any third party, in the event of injunctions received from a court or an authority. Unless the customer has expressly excluded it, the Company is entitled to use its data for marketing purposes. The data necessary for the performance of the service may be transferred to the service partners mandated by the Company as well as to other third parties.
13. Entirety
These General Conditions replace all previous agreements or provisions. Only the provisions provided for in individual contracts which specify these General Conditions take precedence over them.
14. Severability Clause
The validity of these General Conditions will not be affected if one or several of its provisions or one or several of its annexes is or should be declared void. In this case, the void or invalid provision will be replaced by a valid provision that approximates the purpose of the void or invalid provision. The same applies in the event of any contractual gaps.
15. Confidentiality
The client, the Company and their auxiliaries undertake to keep secret all information that has been exchanged or acquired within the framework of the services provided. The obligation of confidentiality continues even after the end of the contract.
16. Agents and Distributors
The customer accepts that any distributors or agents are likely to work independently from the Company and that potential claims must therefore be directed directly against them. The Company declines all responsibility in the event of contractual violations committed by any agents or distributors.
17. Applicable law / Jurisdiction
These General Conditions are subject to Swiss law.
The courts located at the location of the Company's registered office are competent to settle any dispute between the parties, unless otherwise required by law.
The Company is free to bring legal action at the headquarters/domicile of the defendant.
The application of the United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is expressly excluded.