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General terms and conditions of sale

General terms and conditions of sale of TEA DC SARL

Purpose and integration

These General Terms and Conditions of Sale (hereinafter : " CG ") govern the rights and obligations of the parties in connection with the sale of goods by TEA DC Sàrl (hereinafter : " TEA DC ") to a co-contractor (hereinafter referred to as the " customer ").

Once communicated to and accepted by the customer, these GTC constitute the framework applicable to all sales agreed between TEA DC and the customer.

These GTC are valid insofar as the parties have not agreed to deviate from them; the party claiming a deviation from these GTC must prove that said deviation has been agreed.

These GTC may be amended by TEA DC, provided that the amendment has been notified to and accepted by the customer. An amendment to these GTC shall apply to any sale of goods for which a Confirmation (as defined below) is issued after the customer has accepted the amendment to these GTC.

Order and confirmation

All customer orders are deemed to have been accepted by TEA DC only once they have been confirmed by TEA DC (the "Confirmation"). Confirmation TEA DC will provide the customer with a "delivery note" (see "Delivery note"), which (i) is sent to the customer during office hours (Monday-Friday, 9:00 a.m. to 5:00 p.m.), (ii) indicates whether TEA DC has all the products ordered in stock and, (iii) if not, contains an estimated delivery time - always in working days - for products not in stock.

The customer has four hours from the time TEA DC sends confirmation to cancel the order free of charge; after this period, the order is considered final and the sales contract is definitively concluded.

Prices

Prices quoted by TEA DC are in Swiss francs (CHF) and include VAT.

The customer is entitled to a three percent discount on the prices quoted by TEA DC for orders of CHF 1,000 (five hundred) or more (before discount). The above-mentioned discount cannot be combined with any other special offer.

Delivery charges are payable by the customer in addition to the sale price; the amount depends on the delivery method chosen by the customer; the discounts set out above do not apply to delivery charges.

Payment of the price

In the case of orders for delivery in Switzerland, TEA DC may invoice the customer for the order price as soon as the goods have been received and accepted by the customer, whether explicitly or tacitly. The price must be paid in full within thirty days of receipt by the customer of the invoice sent by TEA DC. If payment is not made within this period, the customer will automatically be deemed to be in default of payment within the meaning of Art. 102 para. 2 and Art. 104 para. 1 of the Swiss Code of Obligations from the first day of default; TEA DC will also be entitled to assert all its rights under Art. 97 ff. of the Swiss Code of Obligations. TEA DC also reserves the right to send one or more reminders to the customer at reasonable intervals; from the second reminder onwards, TEA DC will charge the customer CHF 30 (thirty) per reminder.

For orders to be delivered outside Switzerland, TEA DC must invoice the customer for the order price on or with the dispatch of the Confirmation. The price must be paid in full within ten days of receipt by the customer of the invoice sent to him by TEA DC; TEA DC will not dispatch the goods until it has received the purchase price (in full). If payment is not made within this ten-day period, the customer will automatically be deemed to be in default of payment within the meaning of Art. 102 para. 2 and Art. 104 para. 1 of the Swiss Code of Obligations from the first day of delay; TEA DC will also be entitled to assert all its rights under Art. 97 ff. of the Swiss Code of Obligations. TEA DC also reserves the right to send one or more reminders to the customer at reasonable intervals; from the second reminder onwards, TEA DC will charge the customer CHF 30 (thirty) per reminder.

Delivery of goods

For orders to be delivered in Switzerland, TEA DC undertakes to use its best efforts to deliver the goods ordered, provided they are (fully) available in stock, within five working days of the date on which the Confirmation is sent. If the goods are not available from stock, TEA DC undertakes to use its best efforts to deliver the goods ordered within the period specified in the Confirmation, commencing on the working day following dispatch of the Confirmation. Where some of the goods ordered are not in stock, TEA DC reserves the right to wait until it is able to deliver all of them before making a full delivery and thus to waive partial deliveries.

In the case of orders to be delivered outside Switzerland, TEA DC undertakes to use its best efforts to deliver the goods ordered within the period specified in the Confirmation, which is expressed in working days and runs from receipt by TEA DC (in full) of the purchase price.

If delivery is delayed by more than the five working days specified above, or by more than the deadline specified in a Confirmation, and if the delay is exclusively attributable to TEA DC (and not to the delivery services or the customer), the customer may inform TEA DC that, in the absence of delivery within an additional period of ten working days, he will cancel the Order and the related sales contract.

Cancellation of an order by TEA DC

TEA DC reserves the right to cancel an order at any time after the Confirmation has been sent, without giving any reason, in which case TEA DC undertakes to refund the customer the full purchase price, if already paid, within three working days.

Content of the guarantee for defects

 TEA DC only warrants to the customer that the quality of the goods supplied does not differ market standards.

Inspection of goods by the customer

The customer must check the condition of the goods delivered on the day they are received and notify TEA DC of any defects on the same day; if the customer fails to notify TEA DC of any defects on the day the goods are received, the goods shall be deemed to have been accepted. Furthermore, all goods unpacked shall be deemed to have been accepted by the customer.

The customer shall properly store and make available to TEA DC any goods it considers to be defective. No deposit may be made with a third party.

 

Effects of the guarantee for defects

Notwithstanding Art. 205 ff. of the Swiss Code of Obligations, in the event of the customer's prompt notification of defects, TEA DC has a period of ten working days in which to rectify the defect by supplying the customer with new, defect-free goods of the same type; upon replacement of the defective goods, the customer must return them to TEA DC at the latter's expense. If TEA DC is unable to do so within this ten-day period, the customer must return the defective goods to TEA DC without delay at the latter's expense and, upon receipt of the goods, TEA DC must refund the purchase price to the customer, if it has already been paid, or waive collection of the purchase price.

Any other or further warranty for defects and any liability of TEA DC or its auxiliaries for any damage arising from or in connection with a defect is excluded.

Limitation of liability

In general, TEA DC's liability for a breach of its obligations, whether arising from law, these GTC or specific contractual stipulations, in particular in connection with delivery deadlines or cancellations of orders by TEA DC, is limited to reimbursement of the amount of the purchase price, where this has already been paid by the customer. Any claims for damages on the part of the customer are excluded. TEA DC's liability for the acts of its vicarious agents is limited to the same extent.

Confidentiality

Subject to the protection of its rights, a court order or the express consent of TEA DC, the customer undertakes to keep confidential and not to disclose to third parties (i) these GTC, (ii) the information contained therein and (iii) any information relating to TEA DC's prices and conditions of sale, if this information is not already public at the time it is disclosed.

Applicable law and place of jurisdiction

The relationship between the parties covered by these GTC is subject to Swiss law, in particular articles 184 et seq. of the Swiss Code of Obligations.

In the event of a dispute between the parties in connection with one or more sales to which these GTC apply, the courts having ordinary jurisdiction at TEA DC's registered office shall have jurisdictionsubject to appeal to the Federal Court.

 

Terms and conditions of sale of T'CHA'THE SARL

Purpose and integration

These General Terms and Conditions of Sale (hereinafter : " CG ") govern the rights and obligations of the parties in connection with the sale of goods by T'CHA'THE Sàrl (hereinafter : " T'CHA'THE ") to a co-contractor (hereinafter referred to as the " customer ").

Once communicated to and accepted by the Customer, these GTC constitute the framework applicable to all sales agreed between T'CHA'THE and the Customer.

These GTC are valid insofar as the parties have not agreed to deviate from them; the party claiming a deviation from these GTC must prove that said deviation has been agreed.

These GTC may be amended by T'CHA'THE, provided that such amendment has been brought to the Customer's attention and accepted by the Customer. A modification of these GTC shall apply to any sale of goods that is the subject of a Confirmation (as defined below) occurring after the Customer's acceptance of the modification of these GTC.

Prices

Prices quoted by T'CHA'THE are in Swiss Francs (CHF) and include VAT.

Delivery charges are payable by the customer in addition to the sale price; the amount depends on the delivery method chosen by the customer.

Payment of the price

T'CHA'THE shall invoice the customer for the price of the order upon receipt of the order. The full price must be paid before T'CHA'THE proceeds with shipping.

PAYMENT ON INVOICE within 30 days in partnership with Swissbilling.
Swissbilling SA is a service that allows you to pay for your order simply and securely by invoice.
The invoice will be sent to you by swissbilling separately from the parcel, by e-mail or by post, depending on your choice. swissbilling services entail additional invoicing costs. The maximum amount for a first purchase with swissbilling is CHF 200.00. Payment must be made within 30 days of receipt of the invoice. For security reasons, the billing address and the delivery address must be identical. Before accepting your order, swissbilling SA reserves the right to check your creditworthiness with the CRIF AG database in Zurich (Tel.: 044 913 50 50, www.crif.ch).

Delivery of goods

For orders to be delivered in Switzerland, T'CHA'THE undertakes to use its best efforts to deliver the goods ordered. If certain products ordered are not in stock, T'CHA''THE reserves the right to wait until it is in a position to deliver all of them before proceeding with a global delivery and thus to renounce partial deliveries.

In the case of orders to be delivered outside Switzerland, T'CHA'THE undertakes to use its best efforts to deliver the goods ordered within the period indicated in the Confirmation, which is understood to be in working days and runs from receipt by T'CHA'THE (in full) of the purchase price.

Cancellation of an order by T'CHA'THE

T'CHA'THE reserves the right to cancel an order, after sending the Confirmation, at any time and without having to give any reason; it then undertakes to refund the Customer within three working days the full purchase price, if it has already been paid.

Content of the guarantee for defects

 T'CHA'THE only guarantees the customer that the quality of the goods supplied does not differ from market standards.

Inspection of goods by the customer

The customer must check the condition of the goods delivered on the day of receipt; if it discovers any defects, it must notify T'CHA'THE thereof on the same day; if the customer fails to notify T'CHA'THE of any defects on the day of receipt of the goods, the latter shall be deemed to have been accepted. Furthermore, any goods unpacked shall be deemed to have been accepted by the customer.

The Customer shall properly preserve and make available to T'CHA'THE any goods it considers to be defective. No deposit may be made with a third party.

 

Effects of the guarantee for defects

Notwithstanding Art. 205 ff. of the Swiss Code of Obligations, in the event of diligent notification of defects by the customer, T'CHA'THE shall have a period of ten working days to rectify the defect by supplying the customer with new goods of the same type, free of defects; the customer shall, upon replacement of the defective goods, return the same to T'CHA'THE at the latter's expense. If T'CHA'THE fails to do so within this ten-day period, the customer shall immediately return the defective goods to T'CHA'THE at the latter's expense and, upon receipt of the goods, T'CHA'THE shall refund the purchase price to the customer, if it has already been paid, or waive collection of the purchase price.

Any other or further warranty for defects and any liability of T'CHA'THE or its auxiliaries for any damage arising from or in connection with a defect is excluded.

Limitation of liability

In general, T'CHA'THE's liability for a breach of its obligations, such as those arising from law, these GTC or specific contractual stipulations, in particular in connection with delivery deadlines or cancellations of orders by T'CHA'THE, is limited to the reimbursement of the amount of the purchase price, where this has already been paid by the customer. Any damages for the customer are excluded. The liability of T'CHA'THE for the acts of its vicarious agents is limited to the same extent.

Confidentiality

Subject to the protection of its rights, an injunction from an authority, or the express agreement of T'CHA'THE, the customer undertakes to keep confidential and not to disclose to third parties (i) these GTC, (ii) the information they contain and (iii) any information relating to the prices charged by T'CHA'THE and its conditions of sale, if such data is not already public at the time it is disclosed.

Applicable law and place of jurisdiction

The relationship between the parties covered by these GTC is subject to Swiss law, in particular articles 184 et seq. of the Swiss Code of Obligations.

In the event of a dispute between the parties in connection with one or more sales to which these GTC apply, the ordinary courts having jurisdiction at the registered office of T'CHA'THE shall have jurisdictionsubject to appeal to the Federal Court.