Terms of Sales
Preamble
This website (the " Site "), as well as all the rights relating thereto, is the property of Keller Trading SA, a public limited company under Swiss law registered in the commercial register of the Canton of Berne under number CHE-109.550.862 and whose registered office is located at Rue de Granges 5c 2504 Biel, Switzerland (the " Seller ").
The Seller's contact details are as follows (the " Contact information "):
KT Home SA
Rue de Granges 5c
2504 Biel
Switzerland
Telephone: + 41 32 343 35 55
Email: hello@kthome.ch
- Purpose
1.1 These general terms and conditions of sale (T&Cs) apply to all orders (the “Order”) issued by a buyer (the" Customer ") on the Site of a product sold by the Seller on the Site (the" Product ").
1.2. The product sales contract is concluded between the Seller and the Customer.
1.3. By placing an Order for any Product on the Site, the Customer:
- confirms that he/she masters the language in which he places the Order;
b) accepts the application of these T&Cs without any modification and in their entirety.
1.4. The Customer acknowledges that these T&Cs have been translated into several languages. In the event of any discrepancy between the different versions of these T&Cs, only the French language version is valid.
1.5. The Seller reserves the right to modify these T&Cs at any time. The version of the T&Cs in force at the time of the Order applies.
2. Products
2.1. The presentation of the Products on the Site (including with price information) does not constitute a contractual offer.
2.2. Products are presented while stocks last. Products that are temporarily unavailable cannot be reserved or ordered for later delivery.
2.3. The images of the Products presented on the Site are not contractual. In the event of contradictions between the information relating to the Products presented on the Site and that appearing on the packaging of the Products, the latter shall be decisive.
2.4. The Seller remains free to modify the range of Products offered on the Site, at its sole discretion and at any time.
3. Orders
3.1. Subject to limitations that may be indicated on the Site by the Seller at any time and at its sole discretion, the Products presented on the Site may be ordered by any natural or legal person anywhere in the world, provided that this person has the capacity to conclude a contract.
3.2. Any Order placed on the Site shall be considered an offer to contract by the Customer.
3.3. Upon completion of the Order, the Customer is bound by his/her offer and can no longer cancel or modify his/her Order, subject to the exercise of the Right of Withdrawal (as defined below), if the Customer benefits from it.
3.4. The sales contract is concluded at the time of confirmation of the Order by the Seller. Confirmation of the Order will be sent by email to the Customer after validation of his/her Order. The Seller has the right to refuse any Order in the event of unavailability of the Products ordered or any other unforeseeable event preventing fulfilment of the Order.
3.5. The Seller undertakes to confirm or reject the Order by e-mail within twenty-four (24) hours of the Order being placed (this period shall not apply on non-working days, which shall include Saturdays, Sundays and all public holidays at the Seller's registered office). If the Seller fails to respond within this period, the Customer shall be released from his/her offer and the Order shall be deemed to have been rejected.
3.6. Following confirmation of an Order, the Seller may cancel it in the event of subsequent unavailability of the Products ordered or any other unforeseeable event preventing the fulfilment of the Order.
3.7. In the event of total rejection or subsequent total cancellation of an Order, the amounts already paid by the Customer for it shall be refunded to the Customer.
3.8. In the event of partial rejection or subsequent partial cancellation of an Order due to the unavailability of part of the Products ordered, the Seller shall inform the Customer and the Customer shall have the choice between:
a) maintaining the Order only for the Products that are available (in which case the Seller shall refund to the Customer the amounts already paid by the Customer for the Products of which the Order is cancelled); or
b) cancelling the whole Order (in which case the Seller shall refund to the Customer the amounts already paid by the Customer for the Order).
Should the Customer not respond within the time limit set by the Seller, the Order will be cancelled in full.
4. Prices and Shipping Costs
4.1. The selling price of the Products (the "Price") is stated in CHF (the reference currency) and, for guidance, in other currencies.
4.2. The Price is due and payable by the Customer at the time of the Order.
4.3. For deliveries to Switzerland, the Price includes Swiss value added tax ("VAT"). For deliveries to other countries, the Price does not include country-specific taxes (including any VAT). The Customer is responsible for the payment of such taxes. If the Seller is obliged to pay such taxes himself, the amount shall be added to the Price at the time of the Order.
4.4. Unless otherwise stated on the Site at the time of the Order, the Price does not include delivery costs, which shall be charged to the Customer at the time of the Order (the "Delivery Costs").
4.5. The Price indicated on the Site at the time of the Order is valid, subject to obvious error on the part of the Seller.
4.6. The Seller remains free to modify the Prices indicated on the Site at its sole discretion and at any time.
4.7. Payment of the Price and Delivery Charges can be made by credit card (Visa and Mastercard), Paypal or Twint.
4.8. By placing an Order with the Seller, the Customer authorises the Seller to check his/her creditworthiness with third party organisations.
4.9. The amount of the Price and Delivery Costs are debited at the time of the Order.
4.10. The Seller is in no way responsible for any costs (including bank charges) incurred by the Customer in connection with any payment made by the Customer.
5. Delivery
5.1. Subject to limitations which may be imposed by the Seller at any time and at its sole discretion, the Products may be delivered worldwide to the delivery address indicated by the Customer at the time of the Order (the " Delivery address").
5.2. Delivery times may be indicated on the Site but are given only as an indication and do not constitute a commitment on the part of the Seller. The Customer is required to accept delivery of the Products even if the delivery occurs after the deadline indicated on the Site (or during the Order or its confirmation).
5.3. The Products shall be delivered by Swiss Post and its partners or by any other shipping service offered by the Seller and chosen by the Customer at the time of the Order (the "Carrier").
5.4. If the Products cannot be deposited in a Customer's letterbox at the Delivery Address due to their size or the delivery method chosen by the Customer, the Customer is required to take all possible measures in order to receive and take possession of the Products at the Delivery Address.
5.5. If the Customer is absent at the time of delivery, the Customer must follow the Carrier's instructions in order to take delivery of the Products without delay. If the Customer does not take delivery of the Products within the maximum period and at the place indicated by the Carrier, the Seller will have the right to cancel the Order and to recover the Products. In this case, the Seller will reimburse the amounts paid by the Customer for the Order, less the Delivery Costs and the costs of returning the Products.
5.6. Any risk with regard to the Products is transferred to the Customer at the time of delivery of the Products to the Customer. If the Customer does not take delivery of the Products in accordance with the terms of article 5.5, any risks are for his/her sole account from the time of the return of the Products until receipt thereof by the Seller.
6. Right of withdrawal
6.1. The Customer has a right of withdrawal for any Order without having to provide any reason (the "Right of Withdrawal"). The Right of Withdrawal does not exist for:
a) Customers who are legal entities or natural persons acting in the context of their professional activity;
- Products made to the Customer's specifications or which have been clearly personalised.
6.2. The Right of Withdrawal must be exercised by the Customer no later than fourteen (14) days from the moment the Customer (or the person designated by him/her) takes physical possession of the Products (the " Withdrawal period "). In the case of multiple Products ordered by the Customer in a single Order but delivered separately, the period starts from the day on which the Customer or the person designated by him/her takes physical possession of the final Product.
6.3. The Customer must exercise his/her Right of Withdrawal by an unambiguous written declaration sent by email to the Seller at the email address indicated in the Contact Information, before the expiration of the Withdrawal Period. This declaration can be made using the form in the Annexure to these T&Cs.
6.4. In the event that the Right of Withdrawal is exercised after the Products have been shipped to the Customer, the Customer must reship all of the Products subject to the Order at his/her own expense to the Seller's postal address indicated in the Contact Information, within a time period of fourteen (14) days from the exercise of the Right of Withdrawal. The Customer bears the risks of the Products until they are received by the Seller. The Products must be returned in full, in perfect condition and in their original packaging (without ever having been opened), and accompanied by the delivery slip, failing which the Customer does not benefit from the Right of Withdrawal and the Seller has where applicable, the right to return the Products to the Customer and to invoice them (including the costs of returning the Products).
6.5. The Seller shall reimburse the Customer for the amounts paid by the Customer at the time of the Order (with the exception of any additional costs arising from the fact that the Customer chose a method of delivery other than the cheapest method of delivery offered by the Seller at the time of the Order) as soon as it receives the Products returned by the Customer or proof that the Customer has returned the Products.
6.6. In the event that the Right of Withdrawal is exercised before the Products are dispatched to the Customer, the Order shall be cancelled and the Seller shall refund to the Customer the amounts paid by the latter at the time of the Order (with the exception of any additional costs arising from the fact that the Customer, at the time of the Order, chose a delivery method other than the cheapest one offered by the Seller). The refund shall be made within fourteen (14) days of receipt of the Customer's notice informing the Seller of the exercise of the Right of Withdrawal.
6.7. The refund shall be made using the same means of payment as that used by the Customer at the time of the Order (unless otherwise agreed between the Seller and the Customer). The refund shall be made at no cost to the Customer.
7. Guarantee
7.1. The legal warranty for defective Products applies to any Order, according to the terms defined below.
7.2. Upon receipt of the Products, the Customer must check their condition. The Seller must be notified of any defects discovered immediately. In the absence of such notification, the Products shall be deemed to be accepted, unless these are defects that the Customer could not discover using the usual checks (" Hidden Defects"). If Hidden Defects later become apparent, the Customer must notify the Seller immediately, failing which the Products shall be deemed to be accepted, even with such defects.
7.3. Without prejudice to the Customer's obligations under article 7.2, the warranty for defects shall expire after a period of two (2) years from the delivery made to the Customer (the "Warranty Period"), even if the latter only discovered the defects at a later stage.
7.4. In the event of a defect affecting the Products, provided that the Customer has notified the Seller in accordance with article 7.2 and in any case within the Warranty Period, the Customer must return the defective Products at his/her own expense, with the description of the defect found, to the Seller's postal address indicated in the Contact Information.
7.5. After receipt and examination of the Products by the Seller, if such examination confirms the existence of the defect, the Seller undertakes to:
a) replace the defective Products with identical or equivalent Products, which the Seller shall ship to the Customer at its own expense; or (at its sole discretion)
b) refund the Customer the Price and Delivery Charges paid for the defective Products.
If the Seller finds that there is no defect, the Seller has the right to return the Products to the Customer and charge him/her for the costs of returning them.
7.6. No warranty for defects can be invoked if the Products have already been used.
8. EXCLUSION OF LIABILITY
8.1. SUBJECT TO WHAT IS EXPRESSLY PROVIDED FOR BY THESE T&Cs AND ANY IMPERATIVE LEGAL PROVISION PROVIDING THE CONTRARY, THE SELLER EXCLUDES ALL LIABILITY, AND THE CUSTOMER WAIVES ALL LIABILITY CLAIMS AGAINST THE SELLER, WHETHER IN CONTRACT, TORT OR OTHERWISE , EXCEPT IN THE EVENT THAT THE CUSTOMER PROVES THAT THIS RESPONSIBILITY WAS CAUSED BY SUCH LIABILITY WAS CAUSED BY THE SELLER'S FRAUD OR GROSS NEGLIGENCE WITHIN THE MEANING OF ARTICLE 100 PARAGRAPH 1 OF THE SWISS CODE OF OBLIGATIONS. FURTHERMORE, ANY LIABILITY OF THE SELLER DUE TO ITS AUXILIARY PERSONS IS EXCLUDED (ARTICLE 101 OF THE SWISS CODE OF OBLIGATIONS).
9. Personal data
9.1. Personal data is processed by the Seller in accordance with the Confidentiality Policy available on the Site, which the Customer confirms having read and accepted.
10. Miscellaneous
10.1. All communication with the Seller must be made in one of the languages in which the Site is available.
10.2. If any provision of these T&Cs turns out to be invalid, void or unenforceable for any reason, this provision will be considered autonomous and will not affect the validity and enforceability of the rest of the T&Cs.
11. Applicable law and place of jurisdiction
11.1. These T&Cs and the sales contract between the Seller and the Customer (as well as any non-contractual obligation arising therefrom and any other legal relationship with the Seller) are governed by and construed in accordance with Swiss law, to the exclusion of its rules governing conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods.
11.2. Any dispute between the Seller and a Customer (in particular in relation to any Order) will be submitted exclusively to the courts of Bienne, Switzerland (without prejudice to the bodies of law applicable to any decision rendered by these courts). Notwithstanding the above, the Seller will have the right of action against the Customer before any other court of competent jurisdiction, in Switzerland or abroad.
Date of update of these T&Cs: September 2022