Please read the following terms and conditions very carefully since the use of the service is subject to the acceptance and observance of the following terms and conditions.
1 General conditions, scope and object
1.1 Inviktus di Frantz Guerrier (hereafter referred simply to as Inviktus) is a company active in the commercialization of product in the field of health and wellness (hereafter referred to as “the Products”), which sell its Products also through distance sales using its own internet site, where it is possible to purchase them through IT procedures.
1.2 These General Sales Conditions govern the sale of the products marketed by Inviktus through the website www.inviktus.ch and thus the manner in which the distance selling contract between the latter and the final purchaser of the Products is formalized ( hereafter “the Customer”). Excluded from the scope of these General Conditions of Sale, sales concluded directly at Inviktus point of sales.
1.3 Product sales is made directly by Inviktus of Frantz Guerrier, based in Via Césmo 3 6863 – Besazio – Switzerland, P.IVA CHE-287.872.701 (hereafter also referred to as “the Seller”) and the Customer, who qualifies as a consumer, in the case of a natural person acting for purposes other than business, commercial, craft or professional activity, as may be the case hereafter referred to as “the Consumer”.
1.4 To purchase one or more Products on the Seller’s Website, Customer must, prior to submitting their purchase order,: (i) perform the registration process by correctly and fully disclose his personal details; (ii) read and accept the General Sales Conditions and Terms. It is understood that, following approval by the computerized procedure provided on the Seller’s website, which precede the order of purchase, the above General Sales Conditions are understood to be fully known and expressly accepted. After completing the online shopping procedure, Customer is required to print and retain a copy of the General Sales Conditions and Terms, as well as all the documents for which the Purchased Product Agreement is made.
2 – Purchase proposals
2.1 These General Terms and Conditions of Sales concern the sale of Products made on-line via e-commerce system at wwww.inviktus.ch.
2.2 To properly submit a purchase order for one or more Products displayed on the Seller’s Website, Customer must follow the IT procedures by selecting the individual Products he intends to purchase.
2.3 Products are placed in the Customer’s virtual shopping cart to which the same can access at any time before submitting the order. After the selection of the purchased products, to be calculated, where possible, the shipping costs. The Customer, by clicking on the button “proceed with the purchase”, will be directed to: (i) a page where to enter his own personal data if he is not already a registered customer and has done the to log in; (ii) a page about the shipping arrangements of the Products in which the Customer must provide all the information useful for the purpose of shipment (address, telephone number, etc.) (iii) a summary page (hereafter “Order Page” ) of the Selected Products containing (a) information on the main features of the goods and images pertaining to each Product selected with the relevant price; (b) referral to the General Sales Conditions; (c) information on the conditions for exercising the right of withdrawal; (d) the modalities and timing of delivery of the available Products and the related shipping costs.
2.4 Until the actual delivery of the purchase order is made, Customer may still review the data entered in order to identify and correct any incorrect information and modify the contents of his virtual shopping cart.
2.5 Despite the Seller’s commitment to constantly adopt all the appropriate techniques to ensure that the photographs of the Products on the Site represent genuine reproduction of the original Products, there are always possible variations due to the technical characteristics and color resolution of the computer of the Customer. The Seller is therefore not responsible for the inadequacy and inaccuracy of the graphic representations of the Products shown on the website if due to the above technical reasons, since such representations are purely illustrative.
2.6 By displaying the Order Page, prior to final ordering the order, Customer is required to view and accept the General Sales Conditions by clicking on the box next to “I read and agree to the general terms and conditions of sale “. In the absence of the express approval of these General Sales Conditions, you will not be able to proceed with the order transfer.
2.7 After accepting these General Conditions of Sale, the Customer must submit the Order to the Seller by clicking on the appropriate button with the “order confirmation and pay immediately” and following the instructions.
2.8 Customer will have to proceed by selecting the chosen payment method. In the case of payment by credit card or other similar instrument, the Customer “clicking” on the “pay” button will be linked directly with the Postfinance credit institution responsible for the payment procedure. In the case of payment by bank transfer instead, it will be shown the the current bank account details where the purchased Products must be paid.
2.9 Once the order has been submitted, the same will be considered in all respects as a Customer’s contractual purchase order for the Seller for each of the individual Products selected. Upon receipt of the order in electronic form, the Seller will promptly send the customer an e-mail address to the order itself, to the e-mail address communicated by the Customer. The latter does not constitute acceptance of the contractual proposal formulated by the Customer but merely confirms that the order has been received, which, before acceptance, is subject to a relative verification: (i) to the Customer’s personal data; (ii) the availability of the Ordered Products; (iii) the shipping arrangements and the actual delivery times by the carrier designated by the Seller.
3 – Conclusion of contracts
3.1 By forwarding the order through the internet, the Customer accepts unconditionally and undertakes to observe in his relations with Seller the present General Conditions of Sale.
3.2 The sales contract shall be deemed terminated only when the Seller sends a separate e-mail to the Customer for acceptance of the Purchase Proposal (hereafter “Order Confirmation E-mail”), which must be sent from the Seller within 3 working days from the date of forwarding the order and will contain: (i) confirmation of acceptance of the order; (ii) the Product Shipment Information (including the name of the designated carrier) (iii) the estimated delivery date.
3.3 The Customer is free to cancel the order before the contract is concluded, ie before receiving the Order Confirmation email. In this case no charges will be charged. If the Customer has already made payment by bank transfer or by credit card, he / she must indicate to the Seller the data of the current account on which the sums paid must be returned.
3.4 The Seller may refuse to accept purchase orders from the Customer at his sole discretion and without the Customer’s being entitled to any rights or claims against the Seller in the event of non-acceptance. If within 3 (three) business days the Seller has failed to send the Order Confirmation email or has sent an e-mail of non-acceptance of the Customer, the Customer’s contractual proposal will in all respects be considered as refused. Also in this case, if the Customer has already made the payment by bank transfer or by credit card, he / she must indicate to the Seller the data of the current account on which the sums paid must be returned. In any case, before proceeding with the acceptance of the order, the Seller reserves the right to verify by telephone or other means, the personal identity of the Customer, the actual reference of the order, as well as the age of the buyer. In no cases, the Seller will accept orders from people who have not reached adulthood (the legal age of 18 years old) and from those who are considered not to have the will and capability to act.
4 – Sales Prices and Shipping Costs
4.1 Unless otherwise stated in the written document, all prices of Products and any shipping and delivery costs indicated in the different sections of the Website and in the Order Page are intended VAT included and expressed in Swiss Francs.
4.2 Prices of Products and any shipping and delivery charges may vary at any time, without prior notice and even on a daily basis. The Customer therefore has an obligation to verify in the Order Page the actual final sale price before submitting the relevant order. In the cases where they will be due, the Order Page will also indicate the shipping costs that the Customer will have to bear. Any changes in the prices of the Products and the shipping costs after the Customer will be forwarded will not be applicable.
4.3 All Products are shipped from Switzerland. Prices of Products and any shipping and delivery costs indicated in the various sections of the Website and on the Order Page, unless otherwise specified, do not include any amounts relating to customs duties and import taxes provided for by the law of the country of delivery, if the shipment takes place outside the Swiss territory. These costs, which cannot reasonably be calculated in advance, will in any case be taken in charge by the Customer.
4.4 In addition, where there is no VAT due under the applicable national and international standards, the amount will be deducted from the sale price and, in this case, any charges for duties, taxes or any kind that is due to import the Products will have to be fully borne by the Customer.
5 – Means of payment
5.1 In the process of forwarding the Purchase Order, the Seller indicates the payment methods for the Products Price and any shipping and delivery charges accepted.
5.2 The Customer, by following the computerized procedure provided on the seller’s website, must select the payment method chosen. Accepted are the following payment methods: (i) credit card and prepaid cards; (ii) bank transfer (iii) red postal payment (iiii) Paypal (iiiii) Postfinance card or Postfinance e-finance (iiiiii) bank transfer , to be payable to :
Inviktus di Frantz Guerrier
Via Césmo 3, 6863 Besazio
Account number: 69-423582-7
IBAN: CH33 0900 0000 6942 3582 7
SWIFT / BIC POFICHBEXXX
Bank Name: Postfinance, CH-3030 Bern
5.3 Payment by credit card or prepaid card does not incur any additional charges than the fees indicated on the Order Page. It is understood that the customer must hold a prepaid card or credit card valid at the time the order is forwarded. In the absence of such conditions, you will not be able to properly forward a purchase order with credit card payment methods.
At the end of the purchase procedure and at the time of sending the e-mail referred to in point 2.9, the bank will pre-authorize the payment of the amount on the Customer’s credit card. The amount will then be definitively debited to the Customer’s credit card only upon the shipment of the Products purchased.
If, after payment of the Products purchased on-line and on receipt of the Goods, the Customer decides for any reason to avail of the right of withdrawal provided for under these General Sales Conditions and the applicable law, the Seller will direct the bank to accredit the amount directly onto the Customer’s credit card. If this is not possible, the amount will be refunded by bank transfer to the bank account details that will be communicated by the Customer, together with the communication with which he has expressed the will to withdraw from the contract.
5.4 Credit card data collection is executed exclusively by Seller’s designated Operator, which is at this moment Postfinance, and for the sole purpose of payment and the Seller does not have access at any time to the Customer’s credit card information during the acquisition procedures , which are transmitted by means of a protocol-protected connection encrypted directly to the site of the party managing the electronic payment. No Seller’s store archives will retain this data.
5.5 The Customer is the only person responsible for the correct and legitimate use of the credit card used to pay the Seller’s due, since the latter has no possibility to perform any control in this regard. In no case will the Seller be liable for any fraudulent and unlawful use of credit cards and prepaid cards by third parties.
5.6 If the Customer chooses to pay the amount due by bank transfer, the same must be done at the seller’s bank account details indicated on the payment page, with credit on the seller’s account within 3 (three) working days from the receiving mail in charge of the order referred to in paragraph 2.9. If, at the time of the payment, the ordered Products are no longer available, the Seller will notify the Customer in a timely manner and will arrange, by prior arrangement between Seller and Customer, to change the order or repayment of the sum received by the Seller within 7 (seven) working days.
5.7 If the Customer fails to make payment by bank transfer of Products with credit to the Seller within the time limit specified in paragraph 5.6, the Seller will not accept the proposed purchase by sending the Order Confirmation Email , and therefore, the contract with every effect will not be concluded.
6 – Shipping and Delivery Terms of the Products
6.1 The shipment and delivery of the Products purchased by the Customer will be done at the address indicated by the Customer in the appropriate field that he / she is required to fill in.
6.2 Products purchased will be delivered by a designated carrier from the Seller to the address indicated by the Customer with unsolicited shipment. Each shipment will contain: (i) the product (s) ordered; (ii) the transport document or accompanying invoice.
6.3 In the case of a purchase made by a Consumer, the risk of loss or damage of the goods, for cause not attributable to the Seller, will be transferred to the Customer only when the latter, or a third party designated by him and different from the carrier , gets material possession of the goods.
6.4 At the time of receipt of the goods at the place indicated, the Customer has the obligation to check the integrity of the packages at the moment of delivery by the carrier. In case of defects or anomalies, the Customer will have to detect them and make them known and accurately reported them to the carrier, refusing the delivery. If the Customer fails to detect and mentions any defects or anomalies at the delivery, they will not be accepted at a later date.
7 – Right of withdrawal
7.1 Subject to the obligation to disclose information in distance contracts, the Seller herewith specifies the terms, conditions and procedures for exercising the right of withdrawal.
7.2 If the customer who concludes the contract with the Seller has the legal status of Consumer, he has a period of 7 (seven) days from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires the physical possession of the goods purchased on the website www.inviktus.ch to make the request to withdraw from the distance contract concluded with the Seller.
7.3 Before the expiry of the period indicated in Section 7.2, the Customer must contact the Seller by e-mail at firstname.lastname@example.org and / or by mail (Inviktus di Frantz Guerrier, Via Césmo 3 6863 – Besazio – Switzerland) and / or by telephone +41 (0) 91 646 13 90 to explain the reasons and to know how to proceed.
7.4 Unless the goods are defective or dispatched by mistake, all administrative and shipping costs related to the withdrawal shall be taken by the Customer. Such a return / withdrawal / exchange request may only be made if the product and its packaging are sent at the vendor’s premises without any dents or being used. In the event that the product and its packaging reach the Seller with dents and / or used signs, the goods returned cannot be accepted.
7.5 The returned goods must be delivered by the Customer to the Seller or to a third party designated and authorized by the Seller to receive the Products without undue delay and in any case no later than 7 (seven) days from the date the Customer has informed the Seller of the decision to withdraw from the contract. The Products will be delivered at the Selling Point of the Seller or at Inviktus di Frantz Guerrier, Via Césmo 3 6863 – Besazio – Switzerland.
7.6 The Customer is solely responsible for the diminution of the value of the Products resulting from manipulation of the Products other than the one required to establish the nature, characteristics and operation.
7.7 The right of withdrawal is excluded in respect of Products that have been customized on the basis of Customer’s specific requirements.
8 – Guarantees on non-compliant products
8.1 The Seller is liable to the Customer for any defect in the products sold on the website www.inviktus.ch at the time of delivery of the goods.
8.2 If the Customer has entered into a contract as a Consumer, this Warranty is valid on condition that the Customer denounces to the Seller the non-conformity within the seven-day period from the date he has received the Goods / Product.
8.3 In particular, in the event of a defect of the Product’s compliance to the one originally purchased by the Customer, the Consumer has the right to obtain repair, replacement or repair of the Product without charge, where this is not possible, to an appropriate reduction in the price originally paid, in proportion to the decrease in value of the Product or termination of the contract. The choice between repair or replacement is the responsibility of the consumer, unless the remedy required is objectively impossible or excessively burdensome with respect to the other.
8.4 All replacement, repair, and removal costs for Defective Products will be taken by Seller.
8.5 The Customer intending to report a defect or non-conformity of the Product may: (i) use the appropriate section of the Website; (ii) submit a written complaint to the Seller at Inviktus di Frantz Guerrier, Via Césmo 3 6863 – Besazio – Switzerland or by e-mail at email@example.com. The procedure for returning the Product will be the same as to the art.7 ,the right of withdrawal mentioned above.
8.6 The Customer shall in no case be entitled to the termination of the Contract for minor compliance defects for which it was not possible or is overly expensive to remedy the repair or replacement.
8.7 Gisa humidifier and aroma diffuser have a 2 year warranty from the date of purchase
9 – Applicable Law and place of juridiction
9.1 These General Sales Conditions are prepared on the basis of Swiss Law, which will govern the sales contract between Seller and Customer.
9.2 The Swiss judicial authority shall have jurisdiction over any disputes concerning the validity, invalidity, interpretation, execution or termination of distance contracts governed by these General Conditions of Sale.
9.3 If the Customer qualifies as a Consumer, any disputes arising out of the validity, invalidity, interpretation, execution or termination of the distance contracts governed by these General Sales Conditions shall be the responsibility of the Court of the place of domicile or residence of the Seller.
9.4 The competent forum is in Mendrisio (Ti) – Switzerland.
9.5 The customer’s attention is drawn to the fact that the translation of the general conditions of sale in english is provided for his convenience only. In case of inconsistency or contradiction between the English version and the Italian version of the general conditions of sale, the Italian version shall prevail.
10 – Privacy
11 – Changes to the general conditions of sale and updating
11.1 The Seller may make changes or updates to the Website and to these General Terms and Conditions at any time in order to offer new products or services, or if this is necessary in accordance with new provisions of law or regulation.
11.2 The Customer shall be required to observe and accept only the General Sales Conditions in force at the time of delivery of the Purchase Order of the Product published on the Website and expressly approved by the IT procedure.
11.3 If any provision of these General Conditions of Sale is to be deemed invalid or invalid for any reason, such circumstance shall not affect the validity and effectiveness of other provisions.
12 – Contacts
12.1 For any inquiries or clarifications Customer Service is available to the Customer and can be contacted at the following e-mail address firstname.lastname@example.org or at Inviktus Via Césmo 3 6863 – Besazio – Switzerland.