1. Contractors and applicability
These general conditions govern the legal relationships relating to the sale of services and products (hereinafter referred to as “provision”) between a natural or legal person (hereinafter referred to as “customer”) and the ALVEARE by L. Testori company (hereinafter referred to as “supplier”). These general conditions apply to all orders for the acquisition of a provision by the customer. The customer accepts and fully acknowledges these conditions for the simple fact of having sent an order. He renounces his own purchase conditions. Particular contract terms are binding only if confirmed in writing by the supplier. The provision takes place exclusively on the basis of the present general conditions and the particular contract conditions of the supplier, even if they are not expressly agreed upon in each order.
2. Offer and conclusion of the contract
By sending an order by the customer, the contract is considered concluded and legally binding. The supplier reserves the right to refuse an order and to cancel the contract already concluded in the event that the customer has not fulfilled the payment of a previous order or if he has reason to doubt the identity and solvency on an extraordinary basis and without notice. of the customer, as well as the legality of his actions under Swiss law. The customer authorizes the supplier to collect information on the reputation and solvency of his person.
All prices are in Swiss francs (CHF). The prices indicated in the order confirmation of the supplier at the time of conclusion of the contract are applicable. Unless otherwise indicated, prices are exempt from the legal value added tax. The prices indicated are valid provided that the object of the order remains unchanged even after the conclusion of the contract. Any changes made by the customer after the conclusion of the contract will be subject to a price revision or, if the customer has already fulfilled its obligations, a new contract.
4. Characteristics of the items and warranty
All items offered for sale by the supplier are quality products. Items are not sold with any warranty other than that of the manufacturer. If the product supplied is defective or does not present the promised characteristics, the supplier shall proceed to replace or repair as he wishes. Where the supplier proposes it and the customer accepts it, an appropriate price reduction can be practiced. Further warranty claims are excluded from the purchaser. The costs for returning the product to the supplier are entirely borne by the customer. The customer renounces his guarantee right for minor defects that do not compromise the quality, integrity or functionality of the product. The customer accepts minor or supplementary supplies for commercial use up to 10% of the commissioned quantity. For the supply of perishable products, the supplier guarantees the dispatch by priority courier and an adequate packaging. In this case the customer undertakes to collect the supply at the time of delivery. A late withdrawal by the customer excludes the guarantee. If a part of the supply is defective, this does not authorize the claim of the entire supply. All defects caused by customer negligence, transport, normal wear and tear, consumables, accessories, packaging and anything that is not relevant to the service for which the product is supplied are excluded from the warranty. The guarantee is bound to the presentation of the original invoice and is binding only with the fulfillment of the payment by the customer. The limitation period for all rights deriving from defects pursuant to art. 210 CO (code of obligations) is two years from the date of shipment. The guarantee is not transferable to third parties.
The costs for the fulfillment and supply of the service are charged to the customer. Delivery costs include packaging and transport costs. The packaging costs are fixed, while those for transport vary according to the total weight of the package. Each individual order constitutes a separate supply.
The following transport tariffs apply to orders up to CHF 120.00:
- Parcels up to 2 kg: from CHF 7.00 to CHF 9.00
- Parcels up to 5 kg: from CHF 9.00 to CHF 11.00
- Parcels up to 10 kg: from CHF 10.00 to CHF 12.00
- Parcels up to 20 kg: from CHF 15.00 to CHF 18.00
- Parcels up to 30 kg: from CHF 22.00 to CHF 25.00
At the shipping rates, CHF 2.00 is added for packaging. This includes:
- The cost of labor to pack the package;
- The cost of the packaging;
- The cost of the label;
- The cost of adhesive tape;
- The cost for printing the delivery note.
From an order of at least CHF 120.00 the supply is FREE!
The exact amount for supply costs is indicated during the order conclusion procedure. The shipping costs also apply when the transport is carried out by the supplier. Where the delivery information indicated by the customer is not accurate or the package has not been withdrawn in time, a second delivery will be required. This happens after the customer has paid the additional supply costs and provided the necessary indications and guarantees for a successful delivery. The customer is also responsible for any unforeseeable expenses that are anticipated by the supplier for the fulfillment of the order.
6. Supply and packaging
We supply our items exclusively in Switzerland and Liechtenstein. The supply outside this territory is not possible. Packages are usually dispatched within 3 working days after receipt of payment and sent by post or courier. On the day the order is sent, the customer receives an automatic email with a link that will allow him to follow the progress of the shipment. There is no delivery on weekends, national and regional holidays, as well as on days when the postal service is not in operation.
7. Debt recognition
At the time of the conclusion of the contract the customer acknowledges to be debtor to the supplier of the amount indicated in the order confirmation.
In the event of arrears, he also acknowledges that he owes all the amounts including interest, administrative costs, greater damage and all the costs incurred for collection. The conclusion of the contract applies as recognition of debt pursuant to art. 82 of the Federal Law on Execution and Bankruptcies.
8. Payment terms
Unless otherwise agreed in the order confirmation, payment is due upon conclusion of the contract. The supplier offers the customer different payment solutions by bank transfer, Postfinance, credit card and PayPal. The customer pays the amount due by the deadline indicated on the invoice issued by the supplier. The costs of payment transactions are borne by the customer. The payment is concluded only when it is registered in the account of the supplier.
9. Collection procedure
The customer is in arrears in the event that he has not fulfilled the payment after the day corresponding to the term indicated on the invoice. Starting from the expiry of the payment term, the customer in arrears must pay the interest equal to 7% per year on the entire amount due. The customer in arrears is required to pay administrative costs of CHF 20.00 with the issuance of the payment notice which takes place following an account statement and a reminder of payment by the customer. In the event that the customer has not fulfilled the payment within 5 days of the warning, he recognizes greater damage pursuant to art. 106 CO (code of obligations) and compensates the supplier to the extent of CHF 50.00 plus 10% of the entire amount due. If it becomes necessary to start a judicial procedure for collection, all the costs are borne by the customer. The supplier is authorized to assign his credits to third parties, charged with managing the collection. In the event that the customer holds a claim against the supplier, the latter is authorized to exercise the right of set-off only if his counter claim is based on the same contractual relationship, if the credit is payable, not disputed and legally ascertained.
10. Retention of title / right of retention
The products supplied to the customer remain the property of the supplier until the payment has been fulfilled. Until that time, the customer is not authorized to use the products. The customer is responsible for the integrity of the product until payment is made. In the event of termination of the contract due to non-payment, the customer is obliged to return the products belonging to the supplier perfectly intact.
11. Terms of fulfillment
As a rule, the fulfillment of the service takes place in the place where the supplier is domiciled. The supplier can transfer the fulfillment of the order to a third party (subcontractor). In this case the fulfillment takes place in the place where the subcontractor is domiciled. The term for the fulfilment of the service by the supplier is indicated in the contractual documents. Unless it has been clearly agreed and indicated as binding, the deadline is to be considered indicative. The start of the supplier fulfillment period takes place with the fulfillment of the customer’s tasks and obligations. All the actions that the client must carry out to enable the supplier to fulfill his / her service are defined as tasks. Payment is part of the obligations. If the supplier does not comply with the agreed fulfillment deadline, the customer must first set a suitable additional deadline in writing. If this term also expires without fulfillment by the supplier, the customer can request to withdraw from the contract. The supplier is not required to respond to delays in compliance due to force majeure or impediments not attributable to his will. These events authorize the supplier to defer its fulfillment for the duration of the impediment, in addition to a suitable preparatory period, or to withdraw entirely or partially from the contract. If the aforementioned events make it impossible for the supplier to fulfill, he is exempted from the obligation to fulfill. The supplier communicates the impediments to the customer without delay. The fulfillment by the supplier ends with the delivery of the service. The delivery ends when the service is transferred to the customer. For services sent by courier, the delivery ends when the service is transferred to the courier. A different delivery address is not relevant for the purposes of compliance. The supplier reserves the right not to fulfill the service and to withdraw from the contract in the event that the customer has not fulfilled the payment or has only partially fulfilled it. In this case the customer waives the right to reimbursement and compensation. The fulfillment or non-fulfillment of the service by the supplier does not alter the customer’s obligation to perform. With the fulfillment of a party’s obligations, the other party no longer has any rights.
12. Delivery terms
Normally, delivery takes place on the next working day, if the order is confirmed by 12:00 on a weekday. On holidays and weekends delivery does not take place, as well as on Friday for easily perishable products. The delivery term is not binding, unless otherwise agreed in writing. Delivery takes place during normal working hours. The indication of a specific delivery term by the supplier is subject to the correct and timely delivery by the respective suppliers and producers. In the event that an ordered product is not immediately available for delivery, the customer will be informed as soon as possible of the expected delivery. The customer chooses a delivery address where he can guarantee access to the supply. If this is not possible, he authorizes the courier to deposit the supply before the access of the same address. In the absence of a different indication, the shipment takes place by economic courier. Sending by priority or express courier is only at the explicit request of the customer.
13. Delivery check
Upon receipt of the goods, the customer must check whether the products, their conditions and quality correspond to the order. Any defects found must be the subject of a written complaint via e-mail to the supplier’s address within a period of 5 working days from the day of delivery. If the customer fails to complain within this period, the delivery is to be considered as accepted. A complaint does not free the customer from the obligation to pay. The customer is obliged to provide a photographic documentation proving, both the conditions of the goods, as well as those of the packaging. In the absence of evidence, the customer waives any compensation. In principle, the defective goods must be returned to the supplier. The defective product will be replaced by an identical new product or, failing that, by an equivalent product. In the event that the packaging should be delivered in poor condition (for example a damaged package), the transport damage should be IMMEDIATELY challenged to the deliveryman at the time of delivery. Otherwise the customer will take responsibility for any damage to the goods.
14. Delay of acceptance
If the customer does not accept the supply of the product after a period of time allowed by the courier for collection or declares that he does not want to take delivery of the supply, the supplier can withdraw from the contract and request compensation for non-fulfillment by the customer. The customer agrees to reimburse the supplier a compensation for the damage equal to 25% of the agreed purchase price, at the minimum however an amount of CHF 20.00, in addition to the costs for supply and return of delivery.
15. Right of withdrawal
The supplier guarantees a withdrawal period of 14 consecutive days starting from the date of delivery of the products. The supplier undertakes to take back the products on condition that they are exactly in the same state as they were at the time of supply. They must not present defects and must not be incomplete, in poor condition, damaged, dirty or opened. They must also still be in their original packaging and with any intact seals. Products that do not comply with the above conditions will not be refunded. For any returned goods, administrative costs equal to 20% of the selling price of the product taken up are applied, but at a minimum of CHF 10.00. The costs of transporting the goods back to the supplier are entirely borne by the customer. Personalized products and expenses are excluded from the right of withdrawal. In order to exercise the right of withdrawal, it is OBLIGED to the customer to send a written request via e-mail to the address of the supplier (see page “contact”) and to wait for relevant instructions.
The responsibility of the supplier is limited to the period of compliance.
The supplier is exclusively liable for damage caused to the object of the service (direct damage). On the other hand it is not liable for damages that were not caused to the object of the service (indirect damages); in particular, it is not liable for lost profits or other financial damages suffered by the customer. The supplier is not liable for any damage due to the transfer of the service to the customer. These are to be charged directly to the transfer service (post or courier). On the explicit request of the customer, the supplier transfers the benefit insuring it against insurable damages. Insurance costs will be charged to the customer. The risk passes to the customer as soon as the supply passes into the hands of the courier who carries out the transport, respectively at the time of notification of the availability for shipment. The eventual agreement for the assumption of transport costs by the supplier does not affect the passage of risk to the customer. In the event that the supply information provided by the customer is not accurate, the supplier cannot be held responsible for the inability to deliver the order and meet the deadlines. The supplier declines all responsibility for any damage, unless they are attributable to intentional non-compliance or gross negligence. Any liability for consequential damages arising from the use of the service is excluded. If the supplier’s liability is excluded, so too will the personal responsibility of employees, collaborators, representatives and auxiliaries.
17. Applicable law, competent court and partial nullity
These general terms and conditions and all legal relationships between the supplier and the customer are subject to Swiss law. The competent court for the client’s actions is the judge of the supplier headquarters. For the actions of the supplier it is the judge of the domicile of the customer. If the customer resides outside the Swiss national border, the court of jurisdiction is the judge of the supplier headquarters. If a provision of these general terms and conditions or a provision included in other agreements is or becomes ineffective, this does not invalidate the effectiveness of all remaining provisions or remaining agreements.
18. Adoption and updates
These general contract conditions were adopted on 1 January 2019 and updated on 31 October 2019. The present represent a translation from the original text in Italian. Legally, as well as in case of doubts in interpretation or misunderstanding, the Italian text is dominant.