Purchase terms and conditions ch

  1. THESE TERMS

 

1.1       What these terms cover. These are the terms and conditions on which we supply products to you.  Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or cancel an order, what to do if there is a problem and other important information.

 

 

  1. INFORMATION ABOUT US AND HOW TO CONTACT US

 

2.1       Who we are. We are Emmac Suisse Sàrl, a limited liability company established under Swiss law, with our registered office at  Pré de la Tour 7, 1009 Pully, Switzerland.  Our company registration number is CHE-481.678.260.

2.2       How to contact us. You can contact us by telephoning us at +41 79 950 26 77 or by writing to us at, hello@blossomswiss.ch

2.3       How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

 

 

  1. YOUR ORDER

 

3.1       How we will accept your order.  We will send you a confirmatory email regarding your order.

3.2       If we cannot accept your order. If we are unable to accept your order, we will inform you of this via email and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.

3.3       Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

 

  1. YOUR RIGHTS TO MAKE CHANGES

 

If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel your order (see Clause 6 – Cancellations/Returns).

 

 

  1. PROVIDING THE PRODUCTS

 

5.1       Delivery costs. The costs of delivery will be as displayed to you on our website.

5.2       When we will provide the products. We will deliver the products to you depending on the shipment type you selected when you placed your order.  If you have queries about when you will receive your order, please contact us using the details set out in 2.1 above.  Whilst we make every effort to deliver your products in line with the requested delivery method, we make no guarantee that deliveries will be received on time.

5.3       We are not responsible for delays outside our control. If our supply of a product is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay you may request to cancel your order and receive a refund for any products you have paid for but not received.  See Clause 6 below.

5.5       If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may cancel your order and Clause 7.2 will apply.

5.6       When you become responsible for and own the goods. The product will be your responsibility from the time we deliver the product to the address you gave us.  You own the product once we have received payment in full.

 

 

  1. CANCELLATIONS/RETURNS

 

6.1       Cancelling your order. Your ability to cancel your order will depend on what you have bought, whether there is anything wrong with it and when you decide to cancel:

 

(a)        If what you have bought is faulty or misdescribed you may have a legal right to cancel your order (or to get the product replaced or to get your money back), see Clause 7;

(b)        If you have just changed your mind about the product, see Clause 6.3. You may be able to get a refund if you are within the cooling-off period, but you will have to pay the costs of return of any goods;

 

6.2       Cancelling your order because of something we have done or are going to do. If you are cancelling an order for a reason set out at (a) to (c) below the order will be cancelled immediately and we will refund you in full for any products which have not been provided. The reasons are:

 

(a)        we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(b)        there is a risk that supply of the products may be significantly delayed because of events outside our control; or

(c)        we have suspended supply of the products, or notify you we are going to suspend them, in each case for a period of more than fourteen days.

 

6.3       Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within 14 days after the day you receive the goods and receive a refund.

6.4       When you don’t have the right to change your mind. You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.

 

 

  1. HOW TO CANCEL YOUR ORDER WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

 

7.1       Tell us you want to cancel. To cancel your order, please let us know by doing one of the following:

 

(a)        Phone or email. Call customer services on +41 79 950 26 77 or email us at .  Please provide your name, delivery address, details of the order and, where available, your phone number and email address.

(b)        By post. Simply write to us at the address on the website, including details of what you bought, when you ordered or received it and your name and address.

 

7.2       Returning products after cancellation. If your order is cancelled for any reason after products have been dispatched to you or you have received them, you must return them to us. You must send them back to us at, Emmac Suisse Sàrl, CH-1009 Pully, Pré de la Tour 7.using a secure, trackable delivery service.  If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to cancel.

 

 

7.3       When we will pay the costs of return. We will pay the costs of return:

 

(a)        if the products are faulty or misdescribed; or

(b)        if you are cancelling your order because we have told you of an error in pricing or description, a delay in delivery due to events outside our control; or

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

 

7.4       How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

7.5       Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, the maximum refund for delivery costs will be the costs of delivery to your delivery address, by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

7.6       When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

 

 

  1. IF THERE IS A PROBLEM WITH THE PRODUCT

 

8.1       How to tell us about problems. If you have any questions or complaints about a product, please contact us. You can telephone us at +41 79 950 26 77 or email us at

8.2.     Your obligation to return rejected products. If you wish to reject products you must send them back to us using a secure, trackable delivery service.  Please call customer services on +41 79 950 26 77 or email us at  hello@blossomswiss.ch for a return label.

 

 

  1. PRICE AND PAYMENT

 

9.1       Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.

9.2       What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

 

 

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

 

10.1    We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.

10.2    We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under consumer legislation.

10.3    We are not liable for business losses. We only supply products for private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

 

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

 

11.1    How we may use your personal information. We will only use your personal information as set out in our privacy policy.

 

 

  1. OTHER IMPORTANT TERMS

 

12.1    Nobody else has any rights under our agreement to supply your order. This agreement is between you and us. No other person shall have any rights to enforce any of its terms.  Neither of us will need to get the agreement of any other person in order to cancel the order or make any changes to these terms.

12.2    Which laws apply to our agreement. These terms are governed by Swiss law, and the courts of Lausanne shall have exclusive jurisdiction to hear any disputes arising from or in connection with this agreement, subject to appeal to the Federal Court.