General terms and conditions of sale
In the event of a dispute, only the French version of these General Terms and Conditions of Sale (GCS) is binding.
1. Scope of application
The general terms and conditions of sale (hereinafter referred to as "GTC") apply to all orders placed and contracts concluded (hereinafter referred to as "order") via the company BBTouch Diffusion Sàrl (hereinafter referred to as "BBTouch" or "BBT").
BBTouch reserves the right to modify the GCS. The version of the GTC valid at the time of the order applies. It cannot be changed unilaterally for the order in question.
2. Offer
The offer is intended for natural or legal persons who are domiciled or have their registered office in Switzerland. Products are only delivered to addresses in Switzerland.
The offer is valid for as long as it appears in the price list, subject to stock availability. Price and assortment changes are possible at any time. The images presented in advertisements, brochures, the online shop, etc., as well as all information concerning the products (list of ingredients, etc.) are for illustration purposes only and are not binding. The specific information on the product packaging is decisive.
3. Price
Prices are in Swiss francs, excluding value added tax (VAT) and, if applicable, including advance recycling tax (ART).
The price indicated in the order form at the time of ordering is authoritative.
Additional services that must be paid for, such as shipping costs, etc., as well as VAT, are shown separately on the order form and the invoice.
4. Order
An order within this framework is considered as a request to conclude a contract with BBTouch.
The display of the products in the order form, commercial offer and/or online shop is not legally binding. This is a catalogue presented for information purposes only, in order to invite customers to order the product by this means. BBTouch reserves the right to restrict delivery quantities for certain products and not to make the delivery if the order is particularly heavy or voluminous.
A minimum amount applies when opening a new account. The minimum amounts and the directive on delivery costs are communicated to the customers.
Once the order has been transmitted, the customer can no longer complete or cancel the order once it has been processed in one of our logistics centres. If an order is completed, the original order is used as the basis for calculation, however, any special offers and discounts valid at the time of addition are not taken into account.
BBTouch can, without justification, refuse all or part of the order. In this case, the customer will be informed and any payments already made will be refunded. All other claims are excluded, in particular products that are not available will not be delivered at a later date. Temporarily unavailable products cannot be reserved.
5. Conclusion of contrat
The contract is concluded after processing the order in the BBTouch logistic centre. The latter has the right to refuse orders which have not yet been executed without necessarily having to give reasons. Verbal changes transmitted by the customer concerning already placed orders only become effective if the service provider has confirmed them in writing.
6. Delivery
The customer's delivery address must be in Switzerland.
No deliveries are made on Sundays or on official national and cantonal public holidays.
The customer is responsible for the products delivered, even if he has not received them himself.
Once the order has been prepared by the logistics centre, delivery times are those of our delivery service providers (La Poste, DpD, TNT, etc.).
In addition to the final price, the following delivery charges are levied with each order.
· CHF 15.- (excl. VAT) for purchases up to CHF 250.-
· From CHF 250.- (excl. VAT) of purchase, the postage and packaging costs of CHF 15.- are free of charge
7. Warranty
Insofar as the compliance with these storage conditions is attested by the customer, BBTouch assumes the guarantee of freedom from defects of the ordered products until the expiry of the storage date, however a maximum of 2 years from the delivery date. For products without storage date, the legal period of 2 years from the delivery date applies.
BBTouch can offer a guarantee either with a partial or complete replacement by an equivalent product, with a credit note for a maximum amount corresponding to the selling price at the time of the order, or by granting a reduction.
There is no general right of return on products without defects and correctly delivered. The guarantee is explicitly excluded for products whose intrinsic quality (e.g. texture) does not meet the customer's requirements or for products ordered inadvertently.
8. Complaint
If products are delivered with visible damage to the packaging or contents, the customer must immediately notify the deliverer and refuse acceptance. Any transport damage must also be reported immediately to BBTouch.
Furthermore, the customer is responsible for immediately checking the ordered products on receipt and storing them correctly. In the event of defects or deviations from the order, BBTouch must be notified on the day of delivery either by telephone on +41 (0) 79 216 17 07 or by e-mail to info@bbtouch.ch. Thereafter, only hidden defects can still be complained about and must be immediately reported to BBTouch after their discovery. The amount paid by the customer for the faulty goods is credited to the customer's account. BBTouch reserves the right to demand proof of the defect.
9. Payment
Payments must be made in Swiss francs. The customer must have his domicile or registered office in Switzerland.
Before delivery of the order, BBTouch can carry out a credit check.
Invoices are payable until the due date mentioned on the invoice.
10. Late payment
If the customer is in arrears with full or partial payment, all outstanding amounts in any form whatsoever are due immediately and BBTouch can demand payment without delay. In the event of late payment, BBTouch is not obliged to accept new orders or to make pending deliveries. In case of delay in payment, BBTouch reserves the right to charge reminder fees and default interest. All costs related to the settlement of overdue receivables are to be borne by the customer.
From the 2nd payment reminder onwards, BBTouch will charge a compensation of CHF 5.00 and from the 3rd payment reminder onwards a compensation of CHF 20.00. In case of unsuccessful reminders, the invoice amounts can be transferred to a collection company.
Late payment charges: processing fee (at the earliest 70 days from the invoice date, if transferred to a debt collection service provider) depending on the amount of the debt, maximum amount in CHF: 50 (up to 20); 70 (up to 50); 100 (up to 100); 120 (up to 150); 149 (up to 250); 195 (up to 500); 308 (up to 1,500); 448 (up to 3,000); 1 100 (up to 10,000); 1 510 (up to 20,000); 2 658 (up to 50,000); 6% of the claim (over 50,000).
11. Retention of title
The ordered products remain the property of BBTouch until full payment is received. BBTouch is entitled to make a corresponding entry in the register of the reservation of title. Prior to the transfer of ownership, no pledging, assignment by way of security, processing or modification is permitted without the express consent of BBTouch.
12. Repayments, credit notes, credit
If the customer is entitled to refunds or credit notes, these will be credited to the customer account and can be used for purchases at BBTouch. Except in exceptional cases, they will be automatically deducted from the next order.
13. Applicable law and place of jurisdiction
The exclusive place of performance and jurisdiction shall, to the extent permitted by law, be the registered office of
BBTouch. However, the latter is entitled to take recourse against the customer before any other court with jurisdiction for this. Only Swiss law shall be authoritative, to the exclusion of the Convention.
United Nations Convention on Contracts for the International Sale of Goods (CISG).
14. Contact and customer service
If you have any questions, please contact BBTouch customer service by phone +41 (0) 79 216 17 07 or by e-mail at info@bbtouch.ch.