PREAMBLE
Any purchase of a product appearing in the online store www.ita-ito.ch requires consultation and prior acceptance of these general conditions.
Thus, the buyer (hereinafter also "the Customer") wishing to order online acknowledges being fully informed that his agreement relating thereto does not require the handwritten signature of this document. The only online acceptance is sufficient to bind the customer (the Customer must click on the box “I have read the general conditions of sale and I adhere to them without reservation.” When validating his order.
Note that the Customer is free to save and / or print these general conditions of sale, it being specified that saving / printing is his sole responsibility.
Order and conclusion of contract
The item chosen on the site www.ita-ito.com is added to the cart after the selection by the Customer (the item is selected when the Customer clicks on "add to cart" and then on "order). When the Customer has chosen to "order" the item, he will be redirected to the "basket" page. The Customer must click on a second tab "order". By clicking, the customer submits a purchase offer binding him to the Seller (hereinafter also "ita-ito.ch") relating to the selected item (s) in the basket.
The Customer must then create a personal account or connect to his already existing personal account. He must also indicate an address as well as information relating to the desired delivery and payment methods.
Once their information is entered, the customer must confirm having read these general conditions of sale, otherwise the sale will not be possible. By checking the box “I have read the general conditions of sale and I adhere to them without reservation. », The customer accepts these general conditions of sale. Finally, the Customer must click on "order with obligation to pay" so that the order is placed and the sale concluded.
The order confirmation is sent by email to the Customer. This letter certifies that the seller has received the order. It represents confirmation of purchase and payment (except when payment methods by bank transfer or invoice are selected).
When an item ordered is no longer available, ita-ito.ch reserves the right to modify the order after having previously contacted the customer and obtained his agreement. If an agreement is not reached between the parties, the Customer may be reimbursed the amount already paid or be credited with the amount on his "Ita-Ito" account.
Place of jurisdiction and applicable law
The sales contract binding the parties are subject to Swiss law, in particular to the Code of Obligations regulating the aspects not expressly provided for by these general conditions.
In the event of a dispute, the Customer may first contact the seller to find an amicable solution. Otherwise, the courts of the canton of Vaud will have sole jurisdiction.
Whatever the basis of the claims, the Seller cannot be held responsible for damages of any kind, both material and immaterial or bodily which could result from a malfunction or the improper use of the products marketed by this latest. The responsibility of ita-ito.ch will, in any event, be limited to the amount of the order and cannot be blamed for simple errors. In the event of problems in the application of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution.
As a general rule and subject to the judgment of the courts, compliance with these general conditions in relation to the legal warranty presupposes that:
- The Buyer uses the purchased item in a normal and compliant manner;
- No third party not approved by the seller or the manufacturer intervenes on the item for repairs.
The conditions relating to the legal warranty will be detailed below (article 7).
GENERAL CONDITIONS OF SALE
ARTICLE 1: GENERALITIES
These general conditions of sale (hereinafter also "GTC") apply to relations between the seller (hereinafter also "ita-ito.com") and any other person (hereinafter also "the Customer ”). The Customer can be a “professional” Customer (either a business, a company or a natural person, etc.) or a “private consumer” placing an order on the website www.ita-ito.com.
The purpose of these T & Cs is to express all the obligations of the parties (seller and buyer).
The Seller reserves the right to adapt or modify these T & Cs at any time. The new content of the T & Cs will be immediately applicable to any new order insofar as Customers have the opportunity to review them at any time.
During each order, the Customer is required to confirm having read these GTC and accept them. The latter therefore apply to any order placed by the Customer. Any special conditions mentioned on the website www.ita-ito.ch depending on the products displayed are part of the GTC. In case of discrepancy between the special conditions and the GTC, the special conditions prevail.
ARTICLE 2: ENTRY INTO FORCE - DURATION
The contract concluded between the parties as well as the general conditions come into force on the date of order. These GTC are applicable for the duration of the contractual relationship.
ARTICLE 3: PRODUCT INFORMATION
a) Ita-Ito .com presents on its website the products for sale with the necessary information allowing the potential buyer to know, before ordering, the essential characteristics of the products he wants to buy.
b) the offers presented by Ita-Ito.com are only valid while stocks last. The seller can in no way be responsible if a product is no longer available, out of stock or even out of stock.
c) Ita-Ito.com reserves the right to modify and replace products according to the catalogs of its suppliers.
d) photographs, illustrations, videos, user tips and other data illustrating the products are not contractual and are presented for information only. If they contain errors, they in no way engage the responsibility of Ita-Ito.com.
e) the texts accompanying the photographs as well as the instructions for use communicated by the manufacturer or the distributor of the product do not in any way engage the responsibility of Ita-Ito.com.
ARTICLE 4: ORDER, VALIDATION OF ORDER AND CONCLUSION OF THE SALES CONTRACT
The Customer places an order on the website www.ita-ito.com by filling in his "virtual basket". The basket as well as all the required information (addresses, delivery and payment methods) can be modified until the final order summary. The automatic registration system of the site www.ita-ito.com is considered as proof of the content and the date of the order.
The Customer validates his order by clicking on the button "order with payment obligation". The Seller confirms the order to the customer by means of an order confirmation email. The sale will only be concluded upon confirmation of the order by the Seller.
Ita-ito.com reserves the right not to confirm the order for any reason whatsoever, relating in particular to the supply of products, an abnormal / dubious order or a foreseeable problem with the delivery. In such a case, the Customer will be kept informed as soon as possible.
Selling prices, in Swiss francs, are displayed and include all taxes (TTC). Delivery costs are not included in the sale price of each item offered on the site www.ita-ito.com. Shipping costs are automatically added to the total order amount in the cart when the items have been selected.
Any new order can only be made after regular payment by the Customer of the sums due under his previous orders. If ita-ito.com considers it necessary, it can validate and request the reality of any order by any means at its convenience and which can serve as proof in the event of a dispute (mail, e-mail, etc.).
ARTICLE 4 BIS: Purchase by invoice with partial payment option (POWERPAY)
As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview.
When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’s GTC. (powerpay.ch/en/agb).
ARTICLE 5: DELIVERY AND SENDING OF THE ORDER
The delivery times indicated under each article are indicative and do not in any way constitute a commitment by ita-ito.com. In addition, ita-ito.com cannot be held responsible for late delivery by the Post Office or a carrier.
The order may be delivered in several packages subject to the available stock of the items ordered.
The order will be shipped to the delivery address indicated by the Customer in the order form. Ita-ito.com cannot be held responsible for any errors in entering the delivery address.
ARTICLE 6: CANCELLATION OF ORDER
The Buyer may cancel and modify the order as long as the ordered goods have not been sent (the carrier's ticket as proof).
ARTICLE 7: DEFAULT, EXCHANGE AND RIGHT OF RETURN
When no defect is found in the goods ordered, Swiss law does not provide for a right of return or withdrawal. However, ita-ito.com accepts returns under the conditions listed below.
In all cases, ita-ito.com should not justify the acceptance or rejection of a return. Thus, when no defect is found on the goods, ita-ito.com reserves the right to accept or refuse a return. The return of non-defective merchandise does not give rise to any legal claim.
FAULTS
The Buyer is required to check the condition of the goods upon receipt. If he finds out the existence of manufacturing defects, he must immediately notify the Seller and return the item. An examination of the material will be carried out by ita-ito.com upon receipt of the defective item.
In the event of a defect, the Customer will be offered the repair of the article (free of charge), the total or partial replacement of the damaged article or a refund / credit note corresponding to the value of the defective article.
This clause does not include defects in an article occurring as a result of improper use, non-compliance with the instructions for use, shock, misuse or any external cause (modification made to the article, consequences due to natural events, frost, lightning, lack of maintenance and / or inappropriate modification or repair of the product by the customer or a third party, humidity, falls, knocks, etc.) .
EXCHANGES
Clothing items can be traded under certain conditions (conditions differ depending on the type of item). In order for these items to be exchanged, the original tag must not be torn off and the clothes must not have been worn (or soiled). If the label is torn off, the garment has been worn or soiled, the Customer loses his right to exchange.
RIGHT OF RETURN
When the goods show no defect but are not suitable for the Buyer, the latter may return the goods ordered under the following conditions:
- The Buyer must first contact the Seller (by phone or email) before returning any merchandise.
- The Buyer must return the item to the Seller in its original condition and packaging, with its label, sealed and unopened with the original invoice within seven days of receipt.
- An item can be returned within seven days of receipt of the merchandise. The postage stamp or the date of return by hand to the store is valid.
Underwear cannot be returned either.
The return costs are the responsibility of the buyer unless an error has been made by Ita-ito.com.
Following a return of merchandise, the Buyer will be issued with a voucher or a refund (credit) corresponding to the value of the item, with the exception of shipping costs. In case of failure to respect the deadline for the return, ita-ito.com the right to refuse the return.
ARTICLE 8: GUARANTEE
Ita-ito.com is committed to guaranteeing manufacturing defects on the items it resells for one year (the one-year warranty corresponds to the manufacturer's warranty).
The warranty does not, however, include normal wear and tear, the consequences of improper use, damage by the buyer or a third party and defects due to external circumstances (modification made to the article, consequences due to natural events, frost, lightning, lack of maintenance and / or improper modification or repair of the product by the customer or a third party, humidity, drops, knocks, etc.).
ARTICLE 9: DATA PROTECTION
For all means of payment, the Customer undertakes to provide exact and correct data. The use of false data or the abuse of identity are considered to be fraud, punishable by the Criminal Code and liable to be prosecuted criminally.
All customer data is treated in the strictest of confidence and ita-ito.com undertakes to comply with the legislation in force. The data collected will only be used for the purpose of processing the order. These data are in no way transmitted or sold to third parties.
By subscribing to the Newsletter, the Customer accepts that we regularly communicate offers and that their data is also used in this way. At any time, the customer can contact ita-ito.com to be unsubscribed from the newsletter or to unsubscribe himself by means of the link at the bottom of each newsletter sent.
ARTICLE 10: ACCEPTANCE OF THESE GENERAL CONDITIONS
The buyer acknowledges having read the provisions contained in these general conditions of sale and expressly declares the credits accepted when ordering.