GENERAL CONDITIONS/Version 05.05.2017
1.General points
1.1. The General Conditions of Contract (hereafter CGC) govern in full the contractual arrangements and the performance between La Vie en Noir Sagl (Seller) and its customers, with reference to the goods and / or services sold at the seller's online store http://www.hypnoticstories.eu). These terms exclude the application of customer specific arrangements, unless otherwise agreed.
1.2. By accessing the site http://www.hypnoticstories.eu, users undertake to accept and agree to comply with the general contract terms. The Vie en Noir Sagl reserves the right to ask users who do not accept or do not intend to abide by these terms, to refrain from using the website. Access to the site and its services is intended solely for personal use.
1.3. The offer of La Vie en Noir Sagl is aimed at senior citizens who have the capacity to act and domicile in Switzerland, Italy or the Principality of Liechtenstein. Bids are non-binding and non-binding. For customers domiciled in other countries, please contact La Vie en Noir Sagl at the address below for a quote.
1.4. All correspondence must be sent to customer service La Vie en Noir Sagl, Via Lavizzari 10, 6850 Mendrisio, Switzerland or to the e-mail address info@hypnoticstories.eu.
2. Conclusion of the contract
2.1. Product descriptions reported in the seller's online store are not binding on the seller, but are designed to allow the customer to submit their own bidding.
2.2. The customer will be able to submit their offer via the online form prepared in the seller's online store. Once you have entered your personal information, by clicking on the button that completes the procedure, the customer submits a legally binding offer regarding the goods and / or services in the cart.
2.3. The seller has the right to accept the offer submitted by the customer within five days by sending a written confirmation or a confirmation in the form of a text (fax or e-mail) to the customer, provided that the delivery will be confirmed Of such confirmation to the customer; Alternatively by delivering the ordered goods to the customer, provided that the date of delivery of the goods to the customer will be confirmed; Or by sending to the customer, upon receipt of the order by the same, the payment request. If there is more than one of the alternatives described above, the contract is intended to be concluded when one of the above alternatives occurs first. If the seller does not accept the offer of the customer within the above mentioned time, the offer will be rejected; The customer will no longer be bound by his will statement.
2.4. The period of time for acceptance of the offer will begin on the day after the customer submits the offer and will end on the fifth day following the submission of the offer.
2.5. In the event of a bid being submitted via the seller's online form, the contract text will be saved and stored on the vendor's website and the customer will be able to access it free of charge via his account protected by password, entering his / her login data that before placing the order, the customer has created an account at the seller's online store.
2.6. Before introducing the binding order through the online order form of the seller, the customer can correct their data at any time through the normal mouse and keyboard functions. In addition, prior to binding order delivery, all data will be displayed in a confirmation window, where they can still be modified using normal mouse and keyboard functions.
2.7. The language available for the contract is Italian and English.
2.8. Orders and contacts are usually sent via e-mail and through the automatic order delivery system. The customer is required to verify that the e-mail address entered during the purchase procedure is correct in order to allow the receipt of emails sent by the seller. In particular, the customer must ensure that any anti-spam filters do not block e-mails sent by the seller or by third parties from the same person in charge of order evasion.
2.9. The customer receives a confirmation of order receipt without binding effect. In particular, the Seller reserves the right not to accept an order if the quantities ordered exceed the normal household consumption (normally up to ten items). An order is placed only upon confirmation of the shipment of the item.
3. Ordering and delivery
3.1. Orders are accepted through the Internet site http://www.hypnoticstories.eu. If an item is unavailable after receiving the order confirmation, the corresponding order will be dropped. Customer can not claim further rights.
3.2. The delivery time indicated in the offer or receipt confirmation of the ordering is only indicative and is not binding. If La Vie en Noir Sagl can not comply with a delivery deadline, the customer can withdraw from the order 10 days after receipt of the order by written notice to the customer service.
3.3. The La Vie en Noir is authorized to carry out partial deliveries. If it can not deliver a portion of the ordered merchandise, there is no right to reverse the entire order. Customer can not claim further rights.
3.4. Delivery is carried out solely at customer risk. Goods travel at customer's risk and danger. The ordered merchandise is only delivered to the customer's curbside / mailbox.
3.5. The customer undertakes to immediately check that the goods received are correct, complete and intact. Any damage to the goods received must be communicated to La Vie en Noir Sagl and to the transport company as soon as possible, at most within 5 calendar days of delivery. In the event of a complaint, the customer must keep all parts of the original package. The customer may only remove such parts with the written consent of the shipping company or La Vie en Noir Sagl.
4. Prices
4.1. The Vie en Noir Sagl is authorized to change the price at any time. The price quoted on the order will apply. Changes in prices after confirmation are not taken into account.
4.2. All prices of La Vie en Noir Sagl are inclusive of shipping costs and value added tax (VAT) in Swiss francs. Technical changes, mistakes and printing errors are reserved.
4.3. The customer has several payment options, as shown in the seller's online store.
4.4. In case of an advance payment, the balance must be paid at the time of the contract.
4.5. If the customer chooses to pay with "PayPal", the procedure will be handled through PayPal (Europe) S.à r.l. Et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the terms of use PayPal available at https://www.paypal.com/ch/webapps/mpp/ua/useragreementfull?locale.x=en_CH.
5. Payment and reservation of ownership
5.1. We accept the payment methods indicated on the site. Vie en Noir Sagl may exclude certain means of payment in general or for individual customers without specifying the reason. Vie en Noir Sagl has the right to apply increases for the use of individual means of payment and reserves the right to ascertain the solvency of the customer and for this purpose may transmit to third parties the customer data.
5.2. The purchase using debit or credit cards is charged at the time of ordering. Payments by debit or credit card are transmitted in encrypted form.
5.3. Products delivered by La Vie en Noir Sagl remain the property of La Vie en Noir Sagl until La Vie en Noir Sagl has received the full purchase price (including any supplements). The customer undertakes to use the products carefully until they are owned by La Vie en Noir Sagl.
6. Warranty and repairs
6.1. Right of return and replacement
The delivery note is valid as a guarantee certificate. This is to be preserved with care.
The withdrawal of the goods is only possible within two weeks (14 days) after receipt of the goods. The date of the postmark is true.
The merchandise must be returned to its original packaging, complete with all accessories and with delivery / warranty certificate and intact seal. Delivery of the goods takes place at customer's expense and risk - Vie en Noir Sagl recommends a registered mail with the supplementary "Insurance".
6.2. Procedure in case of defective articles
The customer can claim a defect in the article if there are no grounds for exclusion. Exclusion grounds include, in particular, elemental damage, damage to moisture, natural wear, misuse, erroneous washing, external damage and modifications or interventions on the product.
6.3. Defective products are not picked up. The customer must send the defective product, at his expense and at his own risk, to the designated service or deliver it to the designated place. The products must be shipped or delivered in the original packaging, enclosing the delivery note. In the absence of the original packaging, the product must be suitably packed for transport. Vie en Noir Sagl may reject returned products for which the warranty expires, which have been sent to an incorrect address or whose packaging is insufficient and may charge a fee.
If the returned product is not covered by a warranty, the customer must recover it at his own expense.
6.4. Warranty period and manufacturer warranty
The customer is aware that normally the manufacturer's warranty conditions only provide for a right of improvement (repair) or exchange (replacement) provided there are no grounds for exclusion. The customer is not entitled to damages or compensation for any inconvenience suffered. The decision on how to repair defects competes at La Vie en Noir Sagl
If no defects are found or these are not covered by the warranty, the product will be returned to you at your expense. Customer may also be charged a fee. Expenses will have to be paid in advance before the shipment.
7. Liability
7.1. Damage claims are excluded due to impossibility of performance, contractual breach and unlawful action, except in case of misconduct or gross negligence. Excludes liability for indirect damage and consequential damages resulting from use.
8. Data protection
8.1. All visits to the Internet site http://www.hypnoticstories.eu are subject to the protection statement.
8.2. Individual customer account and purchase as guest
The ordering of merchandise is basically possible only if the customer registers on http://www.hypnoticstories.eu. Regardless of an order, the customer must indicate his / her username (e-mail), first and last name, residence adress, date of birth, and a valid phone number. You must also set a password for purchasing on an individual customer account. Products in the shopping cart are stored independently of an order.
8.3. The Vie en Noir Sagl reserves the right to carry out checks on customer solvency and may transmit customer data to third parties.
8.4. Customer account data is protected against unauthorized third party access. Full data view is only allowed for a restricted circle of people and is granted to third parties only upon the submission of a prosecution or investigation by the authorities.
8.5. The collected data can be evaluated and used for marketing and advertising purposes. The Vie en Noir Sagl is not interested in the behavior of individual purchasers. Through targeted evaluations, it defines target groups that specifically inform customers about promotions. Vie en Noir Sagl uses Google Analytics and uses so-called cookies, that is, text files that are saved on the user's computer to allow a website use analysis. However, the customer will have the right to give up advertising at any time by communicating his decision to Customer Service.
8.6. Data collected can be sent to external companies
9. Jurisdiction, applicable law
9.1. These general contract terms can be changed at any time. Only Swiss law applies, with the exception of the rules on the international purchase of movable property and excluding the rules of private international law. The competent court in the case of litigation is based in Mendrisio.
Privacy and legal information
Responsibility for internal content
All contents of our website have been created with the utmost care and in good faith. However, it is not possible to guarantee the actuality, completeness and accuracy of all pages. As a service provider, we are responsible for the content posted on these pages under the general law, but we are not required to control the information transmitted or stored by third parties. Such content will be removed immediately from the date of conscience of a specific offense, so we are not responsible for any content that was lost before that date.
Limitation of Liability to External Links
Our site contains so-called "external links" (links to websites) on which we have no control and for which we assume no responsibility. The supplier of the information on external links will be held responsible for the content and accuracy of the data they publish. Once the link to an external link has occurred, no violation of the law will be attributed to us. If we become aware of an infringement, we will immediately remove the related link.
Copyright
The contents and works published on this website are subject to Swiss copyright law. Any kind of reproduction, modification, distribution or any form of exploitation outside the copyright limits requires the written consent of the author or authors.
Data protection
By visiting this portal, some login information (date, time, page) may be stored on the server. This does not imply any use of personal data (such as name, address or e-mail address). Collecting personal data is only possible with the prior consent of the users of the site. Likewise, the transfer of data to third parties does not occur without the express consent of the user. It is reaffirmed that data transmission over the Internet may have security gaps (for example by using e-mail). It is not possible to guarantee complete data protection from unauthorized access by third parties. We do not therefore assume any liability for damage resulting from such vulnerabilities. The use of third-party information for advertising purposes is expressly forbidden. We reserve legal action if you receive unsolicited advertising information, for example, through spam messages.