TERMS OF SALES
1. About the Website www.almasano.com
The Site is published by ALMASANO SNC, a general partnership registered in the Trade Register under IDE CHE-493.586.07, whose registered office is located at Rue de Chêne-Bougeries 27, 1224 Chêne-Bougeries (Switzerland) and represented by Mr. Florian Gay-Balmaz and Mrs. Fanny Casano ("ALMASANO").
The GCS are applicable to any use of the Site and to any Order made from the Site. They are available to Users at any time from the Site.
Users acknowledge having read and understood the T&Cs and hereby agree to be bound by them. The T&Cs prevail over any other contractual documents issued by Users.
ALMASANO reserves the right at its sole discretion to modify the T&Cs at any time by publishing the new version on the Site. Users are responsible for reviewing the modified T&Cs and must familiarize themselves with such modifications. Any consultation of the Site or any Order after such a modification of the GCS implies acceptance of the new GCS by the User.
CGV means these general conditions of sale detailing the conditions of use of the Site and the procedures for placing Orders;
Customer means any natural or legal person placing an order on the Site. The Customer who buys on the Site declares to be legally capable of committing to these T&Cs;
Order means the Customer's firm order for the acquisition of one or more Products available on the Site. Creating an account is not mandatory to place an Order;
Content means the content (texts, sounds, photographs, illustrations and drawings, videos) posted on the Site by ALMASANO and belonging to it;
Pre-order means the Product(s) subject to a pre-order before their release or their availability to the public;
Products designate jewelry items and more generally, the products offered for sale by ALMASANO via the Site. All Products offered for sale on the Site are new. They are subject to copyright and are also subject to design and model filing. As such, these intellectual property rights are and remain the full and entire property of ALMASANO and Mr. Florian Gay-Balmaz and Mrs. Fanny Casano. The purchase of these Products does not in any way constitute any transfer of these rights;
Site means the ALMASANO e-boutique accessible at the address www.almasano.com from which Users can place an Order;
User means any natural or legal person, Client or not, who consults the Site;
Seller designates the company ALMASANO.
For any request, ALMASANO can be contacted:
- by email: firstname.lastname@example.org
- by post to the head office: ALMASANO, Rue de Chêne-Bougeries 27, 1224 Chêne-Bougeries (Switzerland)
- by telephone on +(41) 79 530 20 06
Orders are made from the Site.
4.1 Selection of Products and addition of Products to the Customer's basket
The Customer can select the Products of his choice provided that they are available for sale online and the desired quantity, subject to acceptance by ALMASANO.
The prices of the Products are displayed on the Site in Swiss francs, all taxes included. The Customer can consult the delivery costs, delivery times and return methods in the “ Delivery and returns ” section.
To add a Product to his cart, the Customer must:
- choose the desired size when necessary;
- click on the “add to basket” button;
The Customer may complete the Order by proceeding to payment or continue shopping on the Site.
Certain Products may be offered for Pre-Order on the Site according to their official release date. This Pre-order is made with the indication by ALMASANO of a release date at the time of the opening of the Pre-order phase.
Being solely responsible for the marketing of its Products, ALMASANO reserves the right to modify this release date at any time.
In the event that certain Products are pre-ordered on the Site, the entire Order will then be put on hold until the Product(s) are available. In the event that the Order includes one (or more) Pre-Order Product(s) as well as one (or more) item(s) already available on the Site, the entire Order will then be put on hold. and will only be shipped when all the Products are available. If the Customer wishes to receive the Product(s) available immediately, the Customer must place two separate Orders on the Site.
The estimated deadline for delivery of an Order is based on the Product with the longest shipping time.
Before validating his Pre-order, the Customer will be able to take note of the estimated delivery time, this information being displayed when choosing the means of payment.
Some Products may be limited in quantity when pre-ordered. ALMASANO reserves the right to cancel and refund Pre-orders in the event of non-compliance with the information indicated.
4.3. Payment to complete the Order
Before finalizing the Order and paying, the Customer is directed to a page of the Site allowing him to consult the details of the selected Products that he can modify.
To proceed with the payment, the Customer must fill in the delivery information (PO boxes are not accepted) which will show the delivery costs, then choose the method of payment and enter the billing information.
To validate the Order and pay, the Customer must verify the data provided, read these GCS and accept them without reservation.
The online provision of the Customer's credit card number and the final validation of the Order will constitute proof of the Customer's agreement:
- payment of sums due under the purchase order,
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the credit card, the Customer is invited, as soon as this use is observed, to inform ALMASANO at the address: email@example.com
The Customer will be informed of the estimated delivery time of the Products.
Payment for the Products may be made by any means of payment offered via the Site, in particular by bank card.
The payment made by the Customer will only be considered final after effective collection of the sums due by ALMASANO.
The sale will only be considered final and the Order will only be processed after the Order confirmation has been sent to the Customer by ALMASANO by email and after ALMASANO has received the full payment.
4.4. Acknowledgment of receipt of the Order and confirmation by ALMASANO of the Order
After placing the Order, the Customer will receive an Order confirmation by email.
4.5. Proof of transaction
The computerized registers, kept in the Seller's computer systems under reasonable security conditions, will be considered as proof of the communications, Orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
5. Conditions of purchase & Customer guarantees
To place an Order, the Customer, if he is a natural person, must be an adult (or failing that, place the Order with his legal representatives) and be legally capable of contracting.
If the Order is made on behalf of a legal person, the Customer declares and guarantees that he is authorized to place the Order on behalf of the latter.
The Customer guarantees that the Products will not be delivered, sold and distributed for commercial purposes.
Any Order made in violation of this article will be null and void.
By validating an Order, the Customer submits to ALMASANO an offer to purchase the Products placed in his basket. ALMASANO reserves the right to refuse, cancel and resolve Orders at any time if the circumstances make it legitimate, in particular in the event of violation of the GCS or attempted fraud.
6. Terms of payment for Products and invoicing
The total amount is indicated in the summary of the Order, before the Customer accepts these GCS, validates his Order, informs and validates his delivery details and, where applicable, billing and proceeds to payment.
The Order of Products on the Site is payable in Swiss francs. Full payment must be made on the day of the Order by the Customer, by credit card, except for special conditions of sale expressly accepted by the Customer and ALMASANO.
In the event of payment by credit card, the Customer will provide their payment details via Stripe, the technical service provider responsible for online payment processing. Stripe is a level 1 PCI/DSS-certified payment solution (the highest level of online payment security.) The bank details entered on the Site are encrypted and never circulate unencrypted on the Internet. They are only processed by Stripe and are never in the possession of ALMASANO.
In the event of refusal to authorize payment, the Customer must directly contact the issuer of the payment card responsible for such refusal.
The Customer guarantees ALMASANO that he has the necessary authorizations to use the method of payment, when placing the Order.
ALMASANO reserves the right to refuse an Order if the Customer already has a dispute with ALMASANO or if ALMASANO considers that the Customer involves a risk of non-payment. ALMASANO then reserves the right to ask its Customer for additional information if it deems it necessary, such as an identity document or proof of address. Without a response from the Customer within 5 days of the Order, the Order and the payment are cancelled. ALMASANO undertakes to honor the Orders received, only within the limits of available stocks.
7. Information on the Products & availability of the Products offered on the Site
The Products offered for sale are described and presented with the greatest possible accuracy. Nevertheless, a minimal variation in the color of the Product(s) does not engage the responsibility of ALMASANO and does not affect the validity of the sale.
ALMASANO reserves the right to correct the Content of the Site at any time.
The Products offered for sale are those which appear in the collections accessible on the Site and which may be the subject of an Order, except in exceptional cases of unavailability.
ALMASANO reserves the right to occasionally limit the quantity of Products that may be ordered by a Customer during the same Order.
The photographs of the Products are communicated for illustrative purposes and have no contractual nature.
The User is invited to consult the description of each Product to know its essential characteristics.
In the event of exceptional unavailability of the Product ordered, ALMASANO will inform the Customer as soon as possible and the Customer may modify his choice or cancel the Order. In all cases, ALMASANO will offer the Customer to provide him with a Product of equivalent quality and price.
8. Product Prices & Delivery Charges
8.1. Product Prices
The Products will be invoiced on the basis of the price in effect at the time of the Order confirmation.
The prices, non-negotiable, are understood to be:
- Swiss francs, net, all taxes included, based on the prices communicated to Users for Switzerland;
Under no circumstances will the prices appearing on the Site when placing an Order bind ALMASANO for future Orders. The prices of the Products may be modified at any time by ALMASANO, without notice and except Order in progress.
If the prices displayed on the Site are incorrect due to internal errors, ALMASANO will not be able to honor the Order; the Customer will then be contacted to cancel the Order and may, if he wishes, place a new Order on the Site.
8.2. Shipping cost
The shipping costs, which can be viewed by Users on the Site page or the “ Delivery and returns ” tab, are :
* Delivery in Switzerland by post against signature (2 to 3 working days): 10 CHF (offered from 100 CHF of purchase) ;
* Delivery in the European Union, Great Britain, DOM-TOM and Rest of the world by FEDEX against signature (3 to 4 working days): 35 CHF .
Shipping is insured up to the declared value of the Products.
In the event of a delivery outside Switzerland, the amount of VAT will be invoiced to you . This information will be communicated to you when finalizing your order.
All invoices are dated the day the Order is dispatched and sent by email to the Customer.
10. Shipping & delivery of the Order
The Customer is informed by email, when his Order is ready, of its shipment. The Product(s) ordered is (are) delivered to the delivery address indicated by the Customer when ordering under the conditions specified in article 4.3 of these GCS.
The Customer is informed by email, when his Order is ready, of its shipment. The Product(s) ordered is (are) delivered to the delivery address indicated by the Customer when ordering.
The Customer must ensure that the information communicated referred to in article 4.3 of these GCS is correct, and that it remains so until complete delivery of the Product(s) ordered. The Customer therefore undertakes to inform ALMASANO of any change in billing and/or delivery details that may occur between the Order and the shipment, by sending, without delay, an email to the email address firstname.lastname@example.org .
Delivery times are announced in working days on the Site when placing the Order. These deadlines include the preparation and shipment of the Order as well as the deadline provided by the carrier.
ALMASANO undertakes to ship the Products in accordance with the deadlines announced on the Site and in the basket, provided that payment for the Order has not been previously refused.
However, if one or more Product(s) could not be delivered within the time initially announced, the Seller will send an email indicating to the Customer the new delivery date.
On delivery, you may be asked to sign a receipt.
Delivery will be deemed to have been made upon receipt of the Order by the Customer or the recipient of his choice.
It is the Customer's responsibility to open the package and check upon receipt that the Products have not been damaged during transport. At the time of said delivery, if the Customer notices that the Products are damaged, it is up to him to refuse the package, indicating the reason(s) for said refusal on the voucher issued by the carrier and to immediately notify ALMASANO.
The Customer already accepts that the supporting documents of the deliverers and/or carriers will prevail to provide proof of the delivery of the Orders.
In case of return of the Order due to the absence of the Customer, ALMASANO will contact the Customer for a second delivery at the Customer's expense.
ALMASANO will be exonerated from all or part of its liability for any delay or failure to perform by providing proof that it is attributable either to the Customer, or to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure.
In the event of non-compliance with the agreed delivery date or deadline, the Customer must, before terminating the contract, order ALMASANO to execute it within a reasonable additional period.
In the absence of execution at the end of this new period, the Customer may freely terminate the contract.
The Customer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered resolved upon receipt by ALMASANO of the letter or writing informing it of this resolution, unless ALMASANO has performed in the meantime.
In this case, when the contract is terminated, the Seller is required to reimburse the Customer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
In case of unavailability of the Product ordered, the Customer will be informed as soon as possible and will have the possibility of canceling his Order. The Customer may then request reimbursement of the sums paid within 30 days of their payment at the latest.
In cases where:
- the package would be returned to ALMASANO by the carrier because the address was incorrect or the Customer did not claim it on time;
- and that subsequently the Customer would not have responded to ALMASANO's requests for two (2) months from the shipment of the package,
ownership of the Products reverts to ALMASANO who can then dispose of them freely and keep the payments relating to these Products.
11. Return, exchange and right of withdrawal for consumer and non-professional Customers
11.1. Right of withdrawal for consumer and non-professional Customers
The Customer's right of withdrawal may be exercised, within fourteen (14) days of receipt of the Product, by email, by sending a return request to the address email@example.com and mentioning in the subject of the email "Retraction" or "Refund request" or any other unambiguous term expressing the Customer's desire to withdraw, and without having to justify reasons or pay a penalty.
ALMASANO will then indicate by return e-mail the process for returning the Product(s).
The Customer's return request is only effective from the moment ALMASANO acknowledges receipt in writing of the Customer's return request.
11.2. Returns and Conditions of Acceptance of Returns
The Customer must return the Product(s) as soon as possible and at the latest within fourteen (14) days of notification of the decision to withdraw from this contract, to the following address: ALMASANO, Rue de Chêne-Bougeries 27, 1224 Chêne-Bougeries (Switzerland).
The Customer must retain proof of shipment of the Product.
Return costs and insurance costs are borne by the Seller under certain conditions.
The package must be returned by the Customer using the prepaid label provided by the Seller.
- Returned Products must be in perfect condition for resale and accompanied by a copy of the invoice (any jewelry worn, incomplete, scratched, deformed, damaged, soiled or with defects will not be taken back);
- Your previous purchase has not been definitively returned;
- In the event of an order comprising several jewels, the final return can only apply to one jewel because the jewels are produced in pre-order;
- Orders for products that have been personalized or made to measure cannot be canceled or returned for an exchange or refund. These include products that would have been engraved.
Upon receipt of the Product(s), ALMASANO will check that it(these) is (are) in perfect condition, then acknowledge receipt.
Any Product(s) that do not meet the above conditions will not be taken back and cannot give rise to a refund.
The Customer will be informed that his liability is only engaged with regard to the Seller for a depreciation of the Product(s) returned following the exercise of his right of withdrawal, resulting from manipulations other than those necessary. to establish the nature and characteristics of this or these goods.
11.3. Repayment Terms
If the return is accepted after verification of the condition of the Products by ALMASANO, the amount of the Products concerned by the return will be reimbursed by ALMASANO no later than fourteen (14) days following the date on which the return was accepted by ALMASANO, by the same means of payment as the one used for the initial transaction.
If the Customer wishes to make an exchange, he is invited to re-order on the Site for the chosen Product.
For any question concerning a repair for an ALMASANO jewel, the Customer must contact Customer Service at the following e-mail address: firstname.lastname@example.org
An estimate will then be issued and sent to the Customer by email to validate or not the repair. Delivery costs will be borne by the Customer. The Customer may however choose to drop off the Product at the workshop in Geneva.
13. Price Accuracy and Description of Products
Although ALMASANO makes every effort to verify the accuracy of the information concerning the Products published on the Website, in advertisements or in catalogues, it does not provide any guarantee, express or implied, concerning the accuracy, reliability and completeness of such information.
Although ALMASANO strives to ensure that the descriptions are as accurate as possible, and that the photographs or graphic representations of the Products displayed on the Site or in a catalog are as close as possible to reality, ALMASANO does not guarantee that these and other Content are free from error, whether as a result of an inaccuracy, omission, outdated item or otherwise.
In the event of such an error, the Customer may return the Product in accordance with the provisions of article 11.2. "Returns and Conditions of Acceptance of Returns"
14. Customer's obligation
The Customer agrees to comply with the terms of these T&Cs.
The Customer undertakes to use the Site in accordance with the ALMASANO instructions.
The Customer agrees that he only uses the Site for his personal use, in accordance with these T&Cs. In this regard, the Client agrees to refrain from:
- To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these T&Cs;
- To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the Content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software enabling or comprising all or part of the Site;
- To attempt to obtain unauthorized access to the computer system of the Site or to engage in any disruptive activity, reducing the quality or interfering with the performance or deteriorating the functionalities of the Site;
- To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site;
- To infringe ALMASANO's intellectual property rights and/or resell or attempt to resell the Products to third parties;
- To denigrate the Site and/or the Products as well as ALMASANO on social networks and any other means of communication.
If, for any reason, ALMASANO considers that the Customer does not comply with these GCS, ALMASANO may at any time, and at its sole discretion, remove its access to the Site and take all measures including any civil and criminal legal action against it. .
The Customer is fully responsible for any payment incident. The Customer guarantees ALMASANO to be fully vested with the rights to pay for any Order that he undertakes to honor in full.
15. Warranties and Liability
If a Customer believes that he has received a Product that he considers non-compliant, he must contact the Seller, as soon as possible after receipt of the Order, at the following email address: email@example.com , or by registered mail with acknowledgment of receipt to the following address: ALMASANO, Rue de Chêne-Bougeries 27, 1224 Chêne-Bougeries (Switzerland), specifying the defect in question.
It will be up to the Customer to provide any justification as to the designation of the apparent defects and/or anomalies observed.
The Customer must allow ALMASANO every facility to proceed with the observation of these defects or non-conformities and to remedy them if necessary. He will refrain from intervening himself or having a third party intervene for this purpose.
ALMASANO cannot be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer. The normal patina of vermeil or oxidation with the use of silver cannot in any case be the subject of a claim for an anomaly. Precautions for use and advice on maintenance are provided to the Customer in the section “ Our jewelry advice ”.
If, however, the defects and/or anomalies are confirmed by ALMASANO, the latter will then send the Customer its instructions on how to proceed after having taken cognizance of the complaint thus formulated and, if necessary, will proceed to the replacement of the Product of which ALMASANO will have was brought to note the lack of conformity, or the defect.
ALMASANO's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.
In the event that the exchange of the Product is impossible, ALMASANO will be required to reimburse the Customer within fourteen (14) days of receipt of the Product. Reimbursement will be made on ALMASANO's proposal by crediting the Customer's bank account or by bank cheque.
ALMASANO implements all the appropriate measures to ensure the Customer the supply, under optimal conditions, of quality Product(s). However, it cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable event of a third party unrelated to the contract, or to a case of force majeure. More generally, if ALMASANO's liability were to be incurred, it could in no case agree to compensate the Customer for consequential damages or damages whose existence and/or quantum would not be established by evidence.
The Site may contain links to other Sites not edited or controlled by ALMASANO, which cannot be held responsible for the operation, content or any element present or obtained through these Sites.
The establishment of such links or the reference to any information, articles or services provided by a third party, cannot and should not be interpreted as an express or tacit endorsement, by ALMASANO, of these Sites and these elements nor of their contents.
ALMASANO is not responsible for the availability of these Sites and cannot control their content or validate the advertising, product(s) and other information disseminated on these websites.
It is expressly stipulated that ALMASANO can in no case be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers would reject, for example because of an anti-spam, the e-mails sent by ALMASANO, and in particular, without this list being exhaustive, the copy of the payment ticket, the summary statement of the Order or the e-mail for tracking shipment.
The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which ALMASANO would never have contracted.
ALMASANO will not be responsible for:
- any stock shortage that may occur during an Order;
- the partial or total non-performance of its obligations or any delay in the performance thereof, if this non-performance or this delay has been caused by the occurrence of unforeseeable, irresistible and external events or if this non-performance or poor performance is attributable to the Users or that it is the unforeseeable and insurmountable fact of a third party;
- difficulties related to the internet network and difficulties related to hosting and more generally any technical disturbance likely to occur on the Site.
The Site may be interrupted for technical reasons without ALMASANO being held liable in this regard.
The jewels offered on the Site comply with Swiss legislation. It is up to the Customer to check with his competent local authorities the terms and conditions for importing the jewelry he wishes to order and to respect them. ALMASANO cannot be held liable in the event of non-compliance with the legislation of the country in which the jewelery is delivered.
If ALMASANO's liability were to be incurred for any reason whatsoever, the maximum amount to which ALMASANO could be condemned may in no case exceed the amount of the Order.
The Customer undertakes not to compromise the security of the Site. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the ALMASANO information system. Nor can the Client harm or hinder ALMASANO's information system. Failing this, ALMASANO may take any measure against it and in particular incur criminal liability.
17. Intellectual Property
All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or all other intellectual property rights. These elements are the exclusive property of ALMASANO. All these rights are reserved for the whole world.
The name and trademark, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of ALMASANO.
The acquisition of a Product does not confer on the Customer any transfer or assignment of intellectual property rights. Any total or partial reproduction of a work of ALMASANO is strictly prohibited and is likely to constitute an offense of counterfeiting.
No title or right to any element or software will be obtained by downloading or copying elements from this Site. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and the elements and software it contains, no more modify them or carry out any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
ALMASANO grants the Customer a non-exclusive license to use the Site. This license is strictly personal and may in no case be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
Any use by the Customer of corporate names, trademarks and distinct signs belonging to ALMASANO is strictly prohibited except with the express prior consent of ALMASANO.
18. Force Majeure
All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension.
The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, the following are considered as cases of force majeure or fortuitous events: the blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunications networks external to Customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three (3) months, these GCS may be terminated by the injured party.
19. Final clauses
19.1. No Waiver
The fact that ALMASANO refrains from demanding at any given time the execution of any of the provisions of these GCS cannot be interpreted as a waiver of the right to subsequently invoke said total or partial non-execution.
19.2. Validity of the T&Cs
If any of the stipulations of these T&Cs is declared invalid in whole or in part, the other provisions and the other rights and obligations arising from these T&Cs will remain unchanged and will remain applicable.
19.3. Applicable right
These General Conditions of Sale are subject to Swiss law.
In the event of a dispute, the Customer must first contact the ALMASANO Customer Relations Department by email at the following address: firstname.lastname@example.org
The Parties will endeavor to find an amicable solution to any dispute that may arise between them.
19.5. Information and complaints
For more information or for complaints, you can also contact the Customer Relations Department at the following address: email@example.com
The provisions of this article are reserved for Customers who are individuals who purchase the Products for their own needs.
In the event of a dispute relating to these general conditions, the Customer has the option of having recourse to a consumer mediator free of charge.