General Terms and Conditions of Sale (GTC)
General Terms and Conditions of Sale (GTC)
Preamble / Seller Identity / Access to Professional and Commercial Rules (if applicable)
The preamble outlines the purpose of the general terms and conditions of sale. It also serves to remind that certain products sold on the site are subject to specific sales conditions. Additionally, the preamble provides information on the professional and commercial rules the seller intends to comply with, if applicable.
These conditions include the following information:
- The means of reproduction and archiving of these conditions
- The legal notices of the SilkHair CH site
- The general conditions of use of the SilkHair CH site
- The essential characteristics of the goods offered
- The different steps to follow for concluding the online contract
- The technical means for identifying and correcting errors made during data entry
- The proposed languages
- The methods of archiving and accessing the contract
- The means to consult the professional and commercial rules to which the seller intends to adhere
- The legal and contractual warranties
- The delivery deadlines, costs, and methods
- The tracking of delivery and the costs of remote communication techniques
- The price
- The payment methods and security measures
- Details on the procedures for exercising the right of withdrawal
- The duration of the contract and the validity of the price.
Last updated on 18.10.2024
SilkHair CH is a service provided by SilkHair CH.
Email: support@silkhair.ch
To view the legal notices of the SilkHair site, click here [LINK to legal notices].
To view the general conditions of use of the SilkHair site, click here [LINK to GTC].
It is specified in advance that these conditions exclusively govern sales via the SilkHair site.
These conditions are addressed to a consumer who has full legal capacity. These conditions apply to all orders you place on this site.
SilkHair is not the manufacturer of the goods for sale. The characteristics presented (photos, descriptions, etc.) are based on information provided by the supplier. However, SilkHair is committed to quality and current manufacturing standards.
If the product and/or characteristics do not correspond to the product received by the customer, we invite you to click here [LINK to REFUND POLICY] to see the refund policy of the SilkHair site.
These general conditions are presented in the French language.
Section 1 - The Different Steps to Follow for Concluding the Online Contract
Order
Online: https://silkhair.ch or www.silkhair.ch
You make your selection by browsing the pages of our site. Your selections are added to your cart when you click "Add to cart." At any time during your browsing on our site, you can confirm your order by clicking "Payment."
Contract Validation
When you click "Payment," a confirmation message appears. It summarizes all the products and options selected. On this page, you can either update your cart by changing quantities and/or removing items, or continue by checking the boxes: "I accept the GTC" and "Secure payment."
You must verify all the information provided in this order form, including all the necessary details for delivery (delivery address, access codes, phone numbers, etc.). The prior collection of identification elements from the internet user (first name, last name, email address, bank details, etc.) facilitates the steps for concluding the contract. The customer can save their details by checking the box "Save my details for next time." (Click here to see our privacy policy) [LINK to PRIVACY POLICY].
If you do not need to modify the form and wish to proceed with your order, you must click "Continue to shipping method."
To proceed with your order, you must finally click "Continue to payment method" and then "Place my order."
After payment on our secure server (see "payment"), a receipt will be displayed. It confirms the registration of your order and informs you that a confirmation email will be sent to you as soon as possible.
In case of risk regarding product availability, we reserve the right to refuse an order of the same product above a certain quantity (greater than 100).
Technical Means of Identification and Correction of Errors
You always have the ability to identify and correct errors made during data entry. When you notice an error after the conclusion of the contract, you must contact us (click here to access the "contact us" section) [LINK to CONTACT FORM].
Section 2 - Methods of Archiving and Accessing the Contract
We will archive contracts, order forms, and invoices on a reliable and durable medium.
You have the right to access these documents for orders amounting to €120 or more.
Section 3 - Legal and Contractual Warranties
Legal Warranties
In accordance with the legal provisions in force relating to the conformity of goods to the contract, and regarding hidden defects (available in Appendix 1 of these conditions), we will refund, repair, or exchange any product that appears defective, damaged, or does not correspond to your order.
We will also refund the entire return costs upon simple presentation of proof (photo, video, etc.).
If applicable, we invite you to read our Refund Policy.
Liability
We do our best to satisfy you. We are responsible for the proper execution of these general conditions. However, our liability cannot be engaged due to an unforeseen event, force majeure, an unpredictable and insurmountable third party to the contract, or the non-conformity of the product to foreign legislation in the event of delivery to a country other than Switzerland.
Section 4 - Delivery Times, Costs, and Methods
Delivery Methods
We will deliver the products to the address indicated in the order form.
Delivery Time
We will deliver no later than the date indicated in the confirmation message of your order (17 to 21 working days).
In the event of a delay in delivery, we will inform you by email as soon as possible and propose a new date.
In the event of unavailability of the ordered product, we will inform you as soon as possible. We will offer you a product of equivalent quality or price.
Delivery Costs
Delivery costs vary depending on the products.
Delivery Tracking
You can contact us by email for any questions regarding your delivery (click here to access the "contact us" section) [LINK to CONTACT FORM].
However, we remind you that we offer the service: "Order Notification," which provides real-time notifications regarding the status and progress of your order (on average, 1 notification every 2 days).
Section 5 - Price
The prices of our products are indicated in CHF including VAT.
You must also check the import or use possibilities of the products you order in the destination country.
Section 6 - Payment Methods and Security Measures
We only charge your payment at the time of shipment. You can therefore freely cancel your order as long as it has not been handed over to our carrier for shipment. Once your order is handed over for shipment, an email will inform you that we will charge you.
However, it may sometimes happen that payment is processed at the conclusion of the contract.
Payment Methods
You have several payment options to pay for your purchases on SilkHair:
- Either by bank cards: Visa, MasterCard, American Express, other blue cards:
Payment is made at your choice on the secure banking servers of our partners STRIPE. This implies that no banking information regarding you is transmitted via our site.
Payment by credit card is therefore perfectly secure; your order will be registered and validated as soon as the payment is accepted by the bank you have chosen.
Security
Payments made through our site are subject to a security system. We have adopted the SSL (Secure Socket Layer) protocol to encrypt credit card details. To protect you against potential intrusions, we do not store credit card numbers on our computer servers.
Section 7 - Satisfaction Guaranteed: Procedures for Exercising the Right of Withdrawal
In accordance with legal provisions, within 14 days following the receipt of your product, you may exercise your right of withdrawal. You do not have to justify your reasons or pay any penalty. Except for return costs, which remain your responsibility, we will refund the total amount paid no later than 30 days following your withdrawal. At our proposal, you may also choose another refund method.
According to legal provisions, the right of withdrawal cannot be exercised for products made to order, according to the specific specifications of the consumer, or for unsealed audio, video, or software recordings.
Section 8 - Duration of the Contract and Validity of Price
The products remain the sole property of SilkHair until the full payment is received by PayPal or Stripe.
Our price offers are valid only within the dual limit of the validity period of the concerned offer and available stock.
Our offers for goods and prices are valid if they appear online on the site on the day of the order.
Section 9 - Applicable Law / Competent Jurisdiction
These conditions are subject to Swiss law.
In the event of a dispute on the substance or form, Swiss courts will have exclusive jurisdiction.
Section 10 - Contact Us / After-Sales Service
If you wish to contact us, our customer service is available at the following address: support@silkhair.ch.
Section 11 - Personal Information
We collect your personal information for managing your orders and following our business relationships.
In accordance with the data protection law of January 6, 1978, you have the right to access, delete, rectify, and oppose the personal data concerning you. You simply need to write to us online at Customer Service, indicating your name, first name, email address, address, and if possible, your customer reference. (See "Privacy Policy").
Section 12 - Supplier & Owner Agreement
a. The supplier and the owner of the online store are each referred to as a "party" or collectively as the "parties";
b. The supplier manufactures and provides various products;
c. The owner of the online store operates one or more websites that facilitate the search, purchase, and payment of various products from various suppliers;
d. The parties wish to establish a direct delivery cooperation, which is a retail delivery method, in which the owner of the online store does not keep goods in stock but directly transfers the final customer's orders and shipping details to the supplier, who then ships the goods directly to the final customer;
e. The owner of the online store will act, within the framework of the aforementioned activity, as an intermediary, facilitating the purchase and payment of the supplier's products by the final customers. The supplier will ship these products directly to the buyer. Thus, the owner of the online store will not receive the products and will not import them, the owner of the online store only informing the supplier of the purchase orders that have been made;
f. Furthermore, the owner of the online store acts as a representative of the final customers and will therefore be the main contact person for them: The owner of the online store will make the payment on behalf of the final customer and will handle the returns of products purchased on behalf of the final customers.
Appendix 1: Provisions of the Consumer Code Regarding the Legal Guarantee of Conformity
Article L211-4
The seller is obliged to deliver a good that conforms to the contract and is responsible for any lack of conformity existing at the time of delivery.
It is also responsible for any lack of conformity resulting from the packaging, assembly instructions, or installation if these were imposed on it by the contract or carried out under its responsibility.
Article L211-5
To be in conformity with the contract, the good must:
1° Be fit for the usual purpose expected of a similar good and, if applicable:
- Correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- Present the qualities that a buyer can legitimately expect in light of public statements made by the seller, the producer, or its representative, particularly in advertising or labeling;
2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, communicated to the seller and accepted by the latter.
Article L211-6
The seller is not bound by public statements of the producer or its representative if it is established that it was not aware of them and could not legitimately have known them.
Article L211-7
Lack of conformity appearing within six months from the delivery of the good is presumed to exist at the time of delivery, unless proven otherwise.
The seller may challenge this presumption if it is incompatible with the nature of the good or the alleged lack of conformity.
Article L211-8
The buyer has the right to demand conformity of the good to the contract. However, he cannot contest the conformity by invoking a defect that he knew about or could not ignore when he contracted. The same applies when the defect originates from materials he himself supplied.
Article L211-9
In case of lack of conformity, the buyer chooses between repair and replacement of the good.
However, the seller may not proceed according to the buyer's choice if this choice results in a manifestly disproportionate cost compared to the other option, taking into account the value of the good or the importance of the defect. It is then obliged, unless impossible, to proceed according to the option not chosen by the buyer.
Article L211-10
If repair and replacement of the good are impossible, the buyer may return the good and be refunded the price or keep the good and receive a portion of the price.
The same option is available to him: 1° If the requested, proposed, or agreed solution under Article L. 211-9 cannot be implemented within one month following the buyer's claim; 2° Or if this solution cannot be implemented without major inconvenience to him given the nature of the good and the use he is seeking.
However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
Article L211-11
The application of the provisions of Articles L. 211-9 and L. 211-10 shall occur at no cost to the buyer.
These same provisions do not prevent the awarding of damages.
Article L211-12
The action resulting from a lack of conformity is prescribed by two years from the delivery of the good.
Article L211-13
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from hidden defects as defined in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or non-contractual nature recognized by law.
Article L211-14
The recourse action can be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable good, according to the principles of the Civil Code.
Appendix 2: Provisions of the Civil Code Concerning the Guarantee Against Hidden Defects
Article 1641
The seller is liable for hidden defects in the sold item that render it unfit for the use for which it was intended or that diminish that use to such an extent that the buyer would not have purchased it, or would have paid a lower price if he had known about them.
Article 1642
The seller is not liable for apparent defects that the buyer could have noticed himself.
Article 1642-1
The seller of a building to be constructed cannot be released, either before the acceptance of the works or before the expiration of one month after the buyer takes possession, from construction defects or apparent conformity defects.
There will be no resolution of the contract or price reduction if the seller commits to repairing.
Article 1643
He is liable for hidden defects, even if he was not aware of them, unless in this case he stipulated that he would not be liable for any warranty.
Article 1644
In the cases of Articles 1641 and 1643, the buyer may choose to return the item and be refunded the price, or to keep the item and be reimbursed a portion of the price, as determined by experts.
Article 1645
If the seller knew about the defects of the item, he is liable, in addition to the restitution of the price he received, for all damages to the buyer.
Article 1646
If the seller was unaware of the defects of the item, he will only be liable for the restitution of the price and to reimburse the buyer for the expenses incurred by the sale.
Article 1646-1
The seller of a building to be constructed is liable, from the acceptance of the works, for the obligations of architects, contractors, and others linked to the project owner by a work contract as per Articles 1792, 1792-1, 1792-2, and 1792-3 of this code.
These guarantees benefit successive owners of the building.
There will be no resolution of the sale or price reduction if the seller commits to repairing damages defined in Articles 1792, 1792-1, and 1792-2 of this code and to assuming the warranty provided for in Article 1792-3.
Article 1647
If the item with defects has perished due to its poor quality, the loss is borne by the seller, who will be liable to the buyer for the restitution of the price and other compensations explained in the two preceding articles.
However, the loss occurring due to an unforeseen event will be borne by the buyer.
Article 1648
The action resulting from hidden defects must be initiated by the buyer within two years from the discovery of the defect.
In the case provided for in Article 1642-1, the action must be initiated, under penalty of forfeiture, within one year from the date on which the seller can be released from the apparent defects or conformity defects.
Article 1649
This does not apply to sales made by court authority.