These General Conditions of Sale (hereinafter the “GCS”) apply to all tangible or intangible goods offered for sale by the site “Le Temps de Broder” (hereinafter the “Seller”) including and in particular files to download and, where applicable, kits of corresponding material, produced by service providers or third-party suppliers (artists, haberdashery, etc.) (hereinafter, the “Products Sold”).
The General Conditions of Sale are systematically communicated to the buyer to enable him to place an order.
Any order placed from the Le Temps de Broder site implies unreserved acceptance of all the provisions contained in these GCSs. The buyer thus acknowledges having full knowledge of it when placing an order.
No particular condition can prevail over these GCS, except formal and written acceptance by the Seller. Any contrary condition imposed by the buyer will therefore, in the absence of express acceptance, be unenforceable against the Seller, regardless of when it may have been brought to his attention. The fact that the Seller does not avail itself at a given time of any of these GCSs cannot be interpreted as a waiver of subsequently invoking any of the said conditions.
Prices, discounts, rebates and method of payment
The prices of the Products Sold are indicated in Swiss francs, net amounts, VAT included. The shipping costs are indicated in Swiss francs.
Payment for Products Sold can only be made via PayPal. No Sold Product will be delivered upon delivery before full payment of the price.
Discounts or rebates or special offers will only be applicable to Products Sold for which they were specified on the Seller’s site.
Availability of Products Sold
The Seller cannot be held liable for the failure of a third-party supplier or the failure to meet its supply deadlines. The Seller nevertheless undertakes to inform the buyers as soon as possible of any possible delay.
Delivery and transport
The products ordered are delivered to the delivery address indicated by the Buyer during the ordering process. Processing and shipping charges include VAT.
The buyer declares himself fully informed that the delivery times announced by the Seller are only communicated to him for informational purposes.
Le Temps de Broder will make every effort to ensure that the Products Sold arrive at the specified destination within the allotted time. However, Le Temps de Broder cannot be held responsible for delays by the delivery company or any loss or damage caused to Products Sold by the delivery company (La Poste, Royal Mail, etc.). Le Temps de Broder cannot also be held responsible for delivery errors resulting from incorrect address entries by buyers.
Return or exchange of goods
Subject to prior agreement with the Seller, the Sold Products returned for exchange must be returned intact and complete in their original packaging (with labels bearing their references), accompanied by the delivery slip, within 7 days after reception of the package. The shipping costs associated with the return are the responsibility of the buyer. In the case of an exchange order, the shipping costs of the new order are offered to you.
The buyer is required to check upon receipt the condition of the Sold Products delivered without delay to exclude obvious material and manufacturing defects, as well as transport damage.
In accordance with the law, the buyer is required to inform the Seller immediately upon discovery of the defect or anomaly affecting the Products Sold delivered in order to allow the Seller to try to remedy it within the limits provided by law and these GCSs.
All the information appearing on the Le Temps de Broder website, in connection with the Products Sold, is that transmitted to the Seller by its suppliers.
The Seller makes its best efforts to include on its website representations of the products it sells most faithful to said Products Sold. The purchaser is however informed that the photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. Consequently, the Seller cannot be held liable in the event of an error or omission in one of these photographs, one of these texts or graphics, information or characteristics of the products or in the event of modification of the characteristics of the products produced by suppliers.
More generally, the Products Sold and other services offered by the Seller’s site are sold as is, without any warranty, implicit or explicit, including and in particular on the quality of the Products Sold or their availability, the information provided in the files or the kits, the software making it possible to possibly download the files, and the results that can be obtained by means of the files, kits or any other Product Sold or service provided by the Seller’s site. The Seller cannot be held responsible for any virus or other damage that may be caused by third parties illegally obtaining, by intrusion or otherwise, the confidential data of buyers.
Copyright, copyrights, trademarks and other intellectual property rights
The Products Sold are subject to the intellectual property rights of the artists who created them to be sold on the Seller’s site. The buyers undertake to respect all the property rights relating to the Products Sold and in particular it is strictly prohibited to make any commercial use of the Products Sold, directly or indirectly without the prior written consent of the artist or the Seller.
All trademarks appearing on the Seller’s site are the property of the Seller or of the suppliers, artists or other third parties who have authorized the Seller to display them on the site. All images, illustrations, photographs, texts, drawings, instructions or any other creations are considered intellectual property rights protected by Swiss law as well as international laws.
Any violation of intellectual property rights may be the subject of legal proceedings brought by the Seller or its suppliers in any territory whatsoever.
Protection of personal data
All personal data collected on the site will be considered confidential and will not be communicated to third parties except in the context of order management entrusted to a third-party service provider. The Seller undertakes to provide access, rectify and destroy all personal data upon simple written request from a buyer
Applicable law and place of jurisdiction
The applicable law is Swiss law, and any dispute will be dealt with by the District Court of Broye and Vaud North.