Article 1 - application of conditions of sale
The seller is defined below as Estrella-Selection Sàrl, the buyer is defined below as the company or the person signing and accepting these terms of sale. The general conditions of sale apply exclusively to all sales concluded by Estrella-Selection Sàrl, both for its own account and for that of its principals. All other conditions are binding on the seller only after written confirmation from him. Information provided on catalogs, price lists, websites, notes, etc. are given for information only and may, as such, be modified by the seller without notice. The mere fact of placing an order or accepting an offer from the seller implies the unconditional acceptance of these terms and conditions. Offers are valid within the limit of the option period set to one week from the date of the offer unless otherwise stipulated in this offer. The present general terms and conditions may be modified at any time without prior notice by Estrella-Selection Sàrl, the modifications then being applicable to all subsequent orders.
Article 2 - Orders
Orders are final only after written confirmation from the buyer when the order is made in a showroom Estrella-Selection Sàrl. As part of the fight against fraud on the Internet, information about your order may be transmitted to any third party for verification. In the context of orders placed on the Shop Estrella-Selection Sàrl website and on any other website of Estrella-Selection Sàrl, orders are effective from the date of receipt of payment for checks, and from the date of debiting the account. the buyer for the blue cards, except in the case of a payment in cash on delivery. In this case only, the confirmation of order on the Site takes place of final order. The buyer agrees to pay the carrier the exact amount indicated on the invoice except in the case where it was passed after 15h and therefore where the order is effective from the next day. Orders addressed directly by the buyer or transmitted by the seller's representative agents only bind the seller when they have been accepted in writing. When shipping items immediately, the confirmation of the order by the seller may be replaced by an invoice. Any changes to orders and any conditions incidental or derogatory to the object and terms of the sale are valid only to the extent that they appear in the offer or confirmation made by the seller. Any offer to sell is subject to availability. Any clause emanating from the buyer, not accepted in writing by the seller who would be in opposition to the present general conditions or particularities defined in the price offer will be considered as null. No unilateral order cancellation will be accepted without the agreement of Estrella-Selection Sàrl.
Article 3 - price
The seller price list does not constitute a sale. It can be changed unilaterally without prior notice. The goods are invoiced at the agreed price within the limit of the option period and general economic conditions (taxes, exchange rate, ...), at the time of delivery. In the case of items indexed on a currency: any variation of plus or minus 2% of the price of the currency against the Swiss francs defined on the day of the offer will be reflected on the day of the billing. All prices are net in Swiss francs, excluding taxes, packaging, freight and freight insurance not included, ex warehouse of the seller.
Article 4 - delivery
Whatever the delivery method, it is done in the vendor's warehouse. The risks and perils of transport (loss, deterioration or theft) are the responsibility of the buyer, if he has mandated a carrier on his behalf. The delivery is made either by direct delivery to the buyer, or by notice of availability, or by delivery of the goods to a carrier. The seller is authorized to make partial deliveries. Any partial delivery accepted by the buyer is subject to invoicing upon delivery. In case of delivery against payment, the buyer is required to make available immediate check to the carrier. Otherwise, the material will not be delivered to him and a second presentation at his own expense will be made by the carrier. By express agreement, a case of force majeure or events such as lockout, strike, total or partial work stoppage in the seller's factory or at its suppliers, epidemic, war, requisition, fire, flood, interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or importation of the goods, the seller is released from all liability for delivery. The seller will keep the buyer informed in a timely manner, of the cases and events listed above. In any case, the delivery within the deadlines can intervene only if the buyer is up to date of its obligations towards the salesman whatever the cause.
Article 5 - transport
For the Shop Estrella-Selection Sàrl.com website, the buyer must take out insurance for the transport of 0,00 Chf + 1% of the total amount of the order in the case of an order over 00 Chf TTC excluding insurance fees, which guarantees a full refund in case of loss, damage or theft of the order during transport regardless of its value. In the event that the amount of the order excluding insurance costs is less than the sum of 00 Chf TTC, then the insurance fee is 0.00 Chf TTC This insurance also covers the cost of transporting defective parts within 3 months after the order date. These costs are subject to a voucher issued to the buyer and valid for 3 months from the date of issue. Transport risks are borne in this case by the seller, provided that the buyer has checked the goods on arrival and exercised, if applicable, his recourse against the carrier within 48 hours, even if free shipping case. Unless otherwise agreed, the seller freely chooses the carrier.
Article 6 - complaint and after-sales service
Upon receipt of the goods, the buyer must immediately check their condition and conformity with the contract. The labels on all parts are essential for the warranty. The packaging must be kept. In the opposite case, the buyer can not benefit from his right to claim and must pay a lump sum to cover the costs of packaging parts whose original packaging would have disappeared. This is also the case when the buyer has no reservations when the goods are delivered. All claims relating to a defect in the goods delivered, an inaccuracy in the quantities or erroneous reference to the accepted offer or confirmation of the order by the seller must be made in writing within 48 hours upon receipt of the goods, without neglecting the recourse against the carrier, failing which the right to claim shall cease to be acquired. The buyer must allow the seller to perform all on-site claims verification. Any return of goods requires the prior agreement of the seller and a return number, by contacting the seller by e-mail, telephone or fax, depending on whose contact details at the bottom of the page. The buyer will receive by the means deemed most appropriate by the seller a return agreement. It is necessary on this occasion that the buyer gives his precise coordinates and provide the designation of the element or elements concerned, their serial number, the failure found and the invoice number corresponding to the parts described. After obtaining the return agreement, the buyer has a period of 7 days to return the defective goods to the seller. For defective parts, the buyer can obtain the standard exchange of his goods during the first month after purchase - in the case of non-specific items and subject to availability in stock. The buyer then sends the seller the item or items that seem to him defective, without other accessories (cable, software ...). The return of goods is at the expense of the seller within 3 months after the date of order. This return is reimbursed based on the price of a return by Colissimo followed by the Post, by purchase order, valid for 3 months from the date of issue. Then, the cost of return are the responsibility of the buyer. Upon return, the buyer will include the words "SAV", the return number that has been communicated by the seller, directly on the package and it will also provide a copy of the invoice. Otherwise, the returned package will be refused. Failing agreement, any returned merchandise will be held at the disposal of the buyer at its expense, risk and peril, all costs of transport, storage, handling being the responsibility of the buyer.
Article 7 - right of withdrawal
Under the conditions provided by Article L121-16 of the Consumer Code and in the context of distance selling, the buyer has a withdrawal period of 7 full days from the delivery of his order which he will be refunded against return of delivered items. The buyer must return the goods in their original condition and packaging. Any return of goods requires a return number, calling +41 (0) 24 441 68 55. The return of goods is at the expense and risk of the buyer.
Article 8 - guarantee
The articles are guaranteed by the manufacturer (failing that, by Estrella-Selection Sàrl) against any defect of material or manufacturing for a period of 12 months from the date of delivery, except for specific conditions expressly indicated. Interventions under the guarantee can not have the effect of extending the duration of the guarantee. The seller's warranty on the transport can only be implemented if the buyer has made a written complaint within 48 hours of receipt of the goods. The seller's warranty is limited to repairing, replacing or refunding the value of the defective goods recognized by the seller, taking into account the use made of them and this at the free choice of the seller. Items with a unit value less than 1 Chf H.T. are only guaranteed for a period of 1 month from the date of delivery. The seller undertakes only to ensure the replacement of defective parts and the repair of damage to the goods supplied to the buyer by him. The guarantee therefore does not cover labor costs, nor those resulting from dismantling, reassembly and transport operations, except in the case of standard exchange. Subject to the legal provisions, the seller's liability is strictly limited to the obligations defined in these conditions or, where appropriate, to the express conditions. In the event that the buyer returns items that have not been supplied by the seller, the seller can not be held responsible for any material or immaterial damage that may occur during the repair. The seller can not be responsible for the guarantee of breakdowns or damages resulting directly or indirectly in the following cases:
- Any unprotected or extended storage
- Any negligence, mistake in connection or handling, maintenance and use of equipment that does not comply with the technical specifications of the seller or the manufacturer or, more generally, defective or clumsy use.
- Any addition of additional equipment or accessory equipment or use of all necessary parts for the operation of the equipment not in accordance with the technical specifications of the seller or manufacturer
- Any mechanical, electronic, electrical or other modification or transformation to the equipment or its connection devices by any third party. In case of bankruptcy or impossibility of supply of the manufacturer, the buyer can not turn against the seller.
Article 9 - retention of title
Pursuant to the law of May 12, 1980, the transfer of ownership of goods delivered to the buyer will occur only after full payment of the price in principal and incidental or collection of accepted bills or other securities issued for the purposes price settlement. During the period from delivery to transfer of ownership, the risk of loss, theft or destruction is the responsibility of the buyer. Failure by the buyer of his payment obligations for any reason whatsoever, gives the seller the right to demand the immediate return of the goods delivered at the expense and risk of the buyer. The buyer undertakes, in the case of a bankruptcy proceeding affecting his business, to participate actively in the establishment of an inventory of goods in his inventory and which the seller claims ownership. Otherwise, the seller has the option to have the inventory recorded by bailiff at the expense of the buyer. The seller may prohibit the buyer from reselling, processing or incorporating the goods in case of late payment. To guarantee the payments not yet made and in particular the balance of the account of the buyer in the writings of the seller, it is expressly stipulated that the rights relating to the goods delivered but unpaid will refer to the identical goods coming from the seller in stock with the seller. buyer, without the need to impute payments on a specific sale or delivery.
Article 10 - Termination clause
In case of non-compliance with one of the obligations of the buyer by the latter, the sale will be terminated automatically and the goods will be returned to the seller at his discretion, without prejudice to any damages that the seller could argue with regard to the buyer, within 48 hours after the formal notice remains without effect. In this case, the seller is entitled to claim from the buyer a fixed compensation of 10% of the amount of the sale.
Article 11 - Payment
Payments must be made in such a way that the seller can dispose of the sums on the day of the due date. Except in the case of special conditions expressly written or specific conditions granted to the client companies after study of their file, the payments must be executed by transfer to the order - credit card - or by check upon receipt of material against the carrier. The seller reserves the right to request a check from the buyer if the sums involved are large. In the event that the seller accepts a payment by draft, the buyer must return it to him accepted and domiciled within eight days. The costs are borne by the buyer, failing return of the draft accepted within the time mentioned, the payment will become immediately due. In the case of payment by installments, expressly accepted by the seller, the non-payment of a single due date will immediately make the full price payable, regardless of the conditions previously agreed, even if the deadlines have given rise to the settlement. acceptable bills of exchange; it will be the same in case of sale, assignment, pledging or contribution of its business by the buyer. The seller may withhold the delivery of the goods concerned until the representation of the guarantee. Any payment after the payment date fixed could lead to the invoicing of penalties without a prior notice of the buyer is necessary. The amount of these penalties would be at least equivalent to that which would result from the application of a rate equal to 1.5 times the legal interest rate in force on the day of application of the penalties, without this clause being applicable. excludes additional damages. The buyer can never, on the grounds of a complaint formulated by him, withhold all or part of the sums due by him, nor make a compensation. When the buyer is late for full or partial payment of a due date, the seller can by this fact alone and without the need for a prior notice, immediately suspend the deliveries, without the buyer can not claim damages from the seller. In case of recourse by litigation, the seller is entitled to claim from the buyer the reimbursement of expenses of any kind related to the prosecution.
Article 12 - jurisdiction clause
All different relating to the formation, execution and termination of contractual obligations between the parties that can not result in a settlement, will be subject to the jurisdiction of the Commercial Court in the jurisdiction of which is the seat of the seller , regardless of the terms of sale and the method of payment accepted, even in the event of an appeal by guarantee or plurality of defendants, the seller reserving the right to refer the matter to the jurisdiction of the buyer. The present contract is regulated by French law. The application of the Vienna Convention on the International Allocation of Goods is expressly rejected.