General Terms and Conditions of Sale - GTCS
Last updated on September 5, 2024
1. General Framework
1.1 It is hereby specified that these conditions govern the sales of all products from the online store of the company Cpop Levavasseur.
1.2 These General Terms and Conditions of Sale (hereinafter "GTCS") are entered into between, on the one hand, Cpop Levavasseur, hereinafter referred to as "the seller," registered in the commercial register of the Canton of Vaud (Switzerland), and on the other hand, natural or legal persons, hereinafter referred to as "the customer or the buyer," wishing to make a purchase via our website.
1.3 All services and deliveries performed based on the products from our website are governed by these GTCS. By placing an order, the buyer acknowledges having read, understood, and accepted them without reservation. Consequently, the buyer who wishes to order online acknowledges being fully informed that their agreement regarding the content of these GTCS does not require the handwritten signature of this document.
1.4 The seller does not accept any divergent conditions from the buyer and reserves the right to modify these GTCS at any time by publishing a new version without delay. Any order placed after the publication of a new version shall be deemed acceptance of the latter.
2. Creation of a Customer Account on our Site
2.1 The buyer can register and open a personal account to place an order. It is also possible to order as a guest.
2.2 The buyer ensures the accuracy of the data provided during registration. In case of error in the wording of their contact details, the seller cannot be held responsible for the inability to deliver the ordered products.
2.3 In case of change of address or any other modification, the buyer undertakes to update their personal data promptly.
2.4 The buyer undertakes to strictly keep confidential the password chosen during registration and not to disclose it to any third party. They assume full responsibility for the use of their password and for all orders placed, even without their knowledge, using this password.
2.5 The buyer must be of legal age. Minor children must obtain parental permission and notify the seller. Persons under guardianship must obtain consent from their guardian or guardianship authority.
2.6 For a legal entity, supporting documents will be necessary, and final registration will be subject to the seller's approval. The buyer must initiate contact via email to assess the ordering modalities.
3. Prices and Products
3.1 The prices of our products are indicated in Swiss Francs for Swiss and Liechtenstein customers, Euro for Eurozone customers, Canadian Dollar for Canadian customers, British Pound for UK customers, Australian Dollar for Australian customers and Dollar for all other customers.
Prices include VAT for Swiss and Liechtenstein customers. For all other customers, prices do not include VAT.
Information is provided subject to technical changes, errors, and typographical mistakes, and may be modified at any time.
3.2 The website currently does offer orders in the entire world.
3.3 All orders are payable in Swiss Francs or in the above mentioned currencies.
3.4 The seller reserves the right to modify its prices and participation in processing, packaging, and shipping costs at any time, but products will be invoiced based on the rates in effect at the time of order registration, subject to availability.
3.5 Products remain the property of the seller until full payment of the price.
3.6 Product descriptions and images are provided for informational purposes and are not binding.
3.7 If a price is incorrect at the time of ordering due to any error (computer, input, stock management, etc.), the seller reserves the right to cancel the order. In such a case, any amount already paid by the buyer will be fully refunded.
3.8 The seller also reserves the right, at its discretion, to limit the number of copies of an item sold to the same customer.
4. Data Protection
4.1 All personal data will be considered confidential. Information necessary for order management will be processed electronically but will not be distributed or sold to any third party.
4.2 Data necessary for the order process and communication with the customer may be transmitted exclusively to our partners for the purpose of providing services offered by Cpop Levavasseur (account management, payment processing, order shipment, email communication).
4.3 In accordance with the Federal Data Protection Act, you have the right to access, rectify, and object to your personal data. To exercise these rights, simply send us a request by mail or email.
4.4 The website www.cpop.ch uses cookies to enhance your experience and personalize your navigation. By continuing to browse our website, you accept the use of cookies.
5. Orders
5.1 Orders can only be placed online on our website.
5.2 The General Terms and Conditions (GTC) are presented in French. The website is available in French, English, and German. The English and German languages are provided for informational purposes, and in case of any discrepancies, the French version shall prevail.
5.3 The seller reserves the right to cancel any order from a customer with whom there is a dispute regarding payment of a previous order.
5.4 Placing an order implies acceptance of the prices and product descriptions available for sale on the day of the order.
5.5 Photos are for illustrative purposes only and are not contractual. For more information about a product, please contact us by email or phone.
5.6 Price offers are valid only while stocks last.
5.7 The seller reserves the right to change prices at any time.
5.8 The seller undertakes to fulfill orders received only within the limits of available stock. In case of unavailability of stock, the seller undertakes to inform the buyer and provide a timeframe as soon as possible.
5.9 The seller reserves the right to cancel and refund any order; no compensation shall be payable to the buyer.
5.10 Orders are final only upon payment of the price by the buyer. At no time shall any payments be considered as deposits or installments.
5.11 Any modification or resolution of the order by the buyer cannot be considered, and the amount paid shall not be refunded.
5.12 In case of stock shortage at the seller or one of its suppliers and inability to deliver the ordered item within 8 weeks, the seller reserves the right to cancel the order and provide a full refund for the missing items. The seller reserves the right to cancel and refund any order; no compensation shall be payable to the buyer.
5.13 The seller cannot accept any claim for a parcel not received beyond a period of 4 weeks after its shipment.
5.14 The seller cannot be held responsible for consequences related to delays or cancellations.
6. Validation of an Order and Electronic Signature
6.1 When you check the acceptance of these General Terms and Conditions (GTC) at the end of the ordering process, you declare that you fully and unreservedly accept them, along with all the present General Terms and Conditions of Sale.
6.2 This validation by the buyer constitutes an electronic signature, which, between the parties, has the same value as a handwritten signature.
6.3 The data recorded by the seller constitutes proof of all transactions carried out between the seller and its customers.
6.4 The data recorded by the payment system constitutes proof of financial transactions.
7. Payment
7.1 Items ordered by the buyer must be paid for before delivery and before shipment.
7.2 The seller provides the buyer with the option to pay for purchases using payment methods offered such as Credit Cards (Visa, Mastercard, American Express), PayPal, TWINT, Apple Pay, Google Pay, and Link. Deferred payment is also available using Klarna payment method.
7.3 The items remain the property of the seller until full payment of the price.
7.4 The seller reserves the right to cancel an order if payment is not made within 14 days following order confirmation.
7.5 The buyer guarantees the seller that they have the necessary authorizations to use the payment method chosen by them during the validation of the purchase order.
7.6 The seller reserves the right to suspend any order management and delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in case of non-payment of the order.
7.7 The seller reserves the right to refuse delivery or to honor an order from a buyer who has not fully paid a previous order or with whom there is an ongoing dispute.
7.8 The seller has implemented an order verification procedure to ensure that no one uses another person's banking details without their knowledge. The seller reserves the right to use this procedure if there is any doubt about the legitimacy of the customer. As part of this verification, the customer will be asked to send by email a copy of an identity document along with proof of residence. The order will only be validated upon receipt and verification by our services of the documents sent.
8. Product Availability
8.1 The order will be fulfilled within a maximum period of 48 hours (working days) from the day following the buyer's order, subject to product availability.
8.2 In case of unavailability of the ordered product, particularly due to our suppliers, the buyer will be informed as soon as possible and will have the option to cancel the order.
8.3 In case of order cancellation, the refund will be made using the same payment method that was used for the payment of the order.
9. Delivery
9.1 Products are delivered to the delivery address specified by the buyer during the ordering process.
9.2 The seller cannot be held responsible for consequences arising from a delivery delay.
9.3 The seller cannot be held responsible in case of loss of an order entrusted to a carrier such as Swiss Post.
9.4 Purchases made on our website are delivered in the entire world by Swiss Post to the delivery address specified by the buyer, unless otherwise agreed.
9.5 Shipping costs are calculated accurately based on the weight of the order and current rates from Swiss Post, and are billed to the buyer. In case of an estimation error in shipping costs on our website, the buyer will be promptly notified.
9.6 Delivery delays do not entitle the buyer to damages.
9.7 The responsibility for the goods passes to the buyer upon receipt by the carrier.
9.8 An email will be sent to the buyer if the seller observes a delay related to the shipment of their order.
9.9 The seller provides the buyer with several shipping options and also allows for goods to be picked up in Nyon or at an event. The buyer must receive confirmation to collect their order.
9.10 Shipping costs are calculated and invoiced once per order.
10. Receipt and Inspection of Goods
10.1 Products are delivered to the address specified by the buyer on the purchase order.
10.2 The buyer agrees to inspect the condition of the goods upon delivery.
10.3 Any claim concerning defects in the delivered products, whether missing, defective, or damaged (including photos in the email), must be made in writing within 24 hours of receipt, detailing and attesting to the claim.
10.4 Any claim made after this deadline will be rejected, and the seller will be released from any liability.
10.5 Any damaged packaging and/or product should not be opened.
10.6 After verification, the seller will either resend the goods or refund the buyer using the same payment method as used for the order payment, or issue a credit note.
10.7 Returns sent without prior agreement will not be accepted or exchanged.
11. Delivery Issues Due to Carrier
11.1 Any anomaly regarding delivery (damage, missing product compared to the delivery note, damaged package, broken product, etc.) must be clearly noted on the delivery note as "explicit handwritten reservations," accompanied by the buyer's signature.
11.2 The buyer must also confirm this anomaly by sending such claims to the carrier within 24 hours following the delivery date, by registered mail.
11.3 The buyer must send a copy of this correspondence, by mail or email, to the seller.
12. Right of Return
12.1 You have a period of 14 days from the date of receipt of your order to exercise your right of return, exchange, or refund without penalties, except for shipping costs, return costs, and inherent payment method fees, for products that do not meet your expectations (this clause does not apply to discounted products).
12.2 You must obtain approval from the seller to return the products, explaining the reasons for the return by simple letter or email.
12.3 Returned items that are incomplete, opened, damaged, or soiled by the customer will not be accepted. The product must be in its original condition and complete for resale as new, accompanied by the invoice and the return agreement issued by the seller.
12.4 In this case, shipping costs are borne by the buyer (both outbound and return).
12.5 The refund will be credited to the customer's account by bank transfer within 7 working days after receipt and inspection of the merchandise.
12.6 Returns should be sent to the seller's address as indicated on the invoice.
12.7 In case of unjustified refusal or unclaimed package without valid reason, we will be obliged to charge for the shipping costs incurred. Postal and delivery companies charge for shipping and return of unclaimed goods.
12.8 The return of a product due to simultaneous purchase at another store is not accepted; an order can be canceled at any time before shipment.
12.9 All returns of unpacked items without authorization will be returned to the sender or simply refused. You must obtain a return authorization via email before returning.
12.10 The seller reserves the right to charge an amount equivalent to 20% of the product amount for non-compliance with the above rules.
12.11 The visuals presented on our website are not contractual. These visuals are displayed for informational purposes and may not always be representative of the product. Unfortunately, manufacturers often change packaging, features, and visuals of their products without notice. Refusal of goods due to non-conforming visuals cannot be accepted if the product content is as described.
12.12 When a product is defective, it will be exchanged for an identical product. You must inform us via email and obtain a return authorization for the product. Exchange is only possible if the equipment is returned complete in its original packaging. No exchange will be possible otherwise.
12.13 In all cases, a return to the seller's premises rather than through a courier is entirely possible. In this case, the return request may be accepted (or rejected) directly by the on-site staff.
13. Responsibilities
13.1 The products offered comply with current European or Swiss legislation. The seller cannot be held responsible for non-compliance with the laws of the country where the products are delivered. It is your responsibility to check with local authorities regarding the possibilities of importing or using the products or services you intend to order.
13.2 Photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, the seller cannot be held liable for errors in any of these photographs or texts.
13.3 The seller shall not be liable for non-performance of the contract in case of stock shortage, product unavailability, disruption, strike, or force majeure. Neither party shall have failed to fulfill its contractual obligations, to the extent that their performance will be delayed, hindered, or prevented by a fortuitous event or force majeure. A fortuitous event or force majeure shall be considered any irresistible, external circumstance, unpredictable, inevitable, independent of the parties' will, and which cannot be prevented by them, despite all efforts reasonably possible. The party affected by such circumstances shall notify the other party within 48 hours of becoming aware of it. The two parties will then meet, within 7 days, unless prevented by force majeure, to examine the impact of the event and agree on the conditions under which the contract will be executed. If the force majeure event lasts for more than 30 days, these general conditions may be terminated by the aggrieved party.
13.4 Expressly considered as cases of force majeure or fortuitous events, in addition to those usually considered by case law: blockage of means of transport or supplies, strikes, natural disasters, wars, fires, storms, floods, lightning, telecommunications network shutdowns, or difficulties specific to external telecommunications networks or any other event preventing production or transport of products.
13.5 The seller shall not incur any liability for indirect damages arising from these, loss of business, loss of profit, loss of opportunity, damages, or expenses.
14. Applicable Law and Jurisdiction
14.1 These general terms and conditions of sale are governed by Swiss law.
14.2 If one or more provisions of these GTC are declared invalid, the other provisions shall remain legally valid.
14.3 The place of jurisdiction is exclusively in Lausanne for any dispute concerning these GTC, their interpretation, and/or their application.
These general conditions are in French. The buyer declares having full legal capacity to commit to these general conditions.