Terms and conditions
Introduction
Below you will find our General Terms and Conditions. These always apply when you use our services. The General Terms and Conditions contain important information for you as a customer. Please therefore read them carefully. We also recommend that you save or print these conditions so that you can read them again at a later date.
Article 1. Definitions
1.1. FLOR IT SàRL: based in Gilly, Switzerland and registered with the Chamber of Commerce under registration number CHE-302.552.803 trading under the name FLOR-IT SàRL.
1.2. Website: the website of FLOR-IT SàRL, accessed via www.flor-it.com and all associated sub-domains.
1.3. Customer: the natural person or company entering into a Contract with FLOR-IT SàRL.
1.4. Agreement: any arrangement or contract between FLOR-IT SàRL. and Customer, of which the General Terms and Conditions are an integral part.
1.5. General Terms and Conditions: the present General Terms and Conditions.
Article 2. Applicability of General Terms and Conditions
2.1. All offers, Agreements and deliveries made by FLOR-IT SàRL. shall be subject to the General Terms and Conditions, unless expressly agreed otherwise in writing.
2.2. If Customer, in its order, confirmation or communication containing acceptance, includes terms or conditions that differ from, or do not appear in, the General Terms and Conditions, these will only be binding for FLOR-IT SàRL. if and insofar as they are expressly accepted by FLOR-IT SàRL. in writing.
2.3. In the event that specific terms of service apply in addition to these General Terms and Conditions, those terms shall also apply, but in the event of conflicting terms, Customer may always rely on the applicable provision that is most favourable to him.
Article 3. Prices and information
3.1. All prices mentioned on the Website and in other publications of FLOR-IT SàRL. are exclusive of VAT and, unless stated otherwise on the Website, other government levies.
3.2. If third party costs are charged, this will be clearly stated in good time before the conclusion of the Agreement. In addition, these costs will be shown separately in the ordering process.
3.3. The content of the Website has been compiled with the greatest care. However, FLOR-IT SàRL. cannot guarantee that all the information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from FLOR-IT SàRL. are therefore subject to obvious programming and typing errors.
3.4. FLOR-IT SàRL. cannot be held responsible for (colour) deviations as a result of screen quality.
Article 4. Conclusion of the Agreement
4.1. The Agreement will come into effect when the Customer accepts FLOR-IT SàRL.'s offer and fulfils the conditions set by FLOR-IT SàRL. in this regard.
4.2. If Customer accepted the offer electronically, FLOR-IT SàRL. will immediately confirm receipt of electronic acceptance of the offer. Until receipt of this acceptance is confirmed, the Customer has the option to dissolve the Agreement.
4.3. If, when accepting or otherwise entering into the Agreement, Customer proves to have provided incorrect data, FLOR-IT SàRL. shall be entitled to fulfil its obligation only after the correct data have been received.
4.4. FLOR-IT SàRL. may inform itself, within legal frameworks, whether Client can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, on the basis of this investigation, FLOR-IT SàRL. has good grounds not to enter into the Agreement, it will be entitled to refuse an order or request, giving reasons, or to attach special conditions to its execution, such as advance payment.
Article 5. Registration
5.1. Where applicable and in order to make the best use of the Website and/or other portals made available by FLOR-IT SàRL. made available, Customer can register via the account registration option on the Website.
5.2. During the registration procedure, Customer chooses a username and password with which he can log on to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.
5.3. Customer must keep his login details, his user name and password strictly confidential. FLOR-IT SàRL. is not liable for misuse of the login details and may always assume that a Customer who logs on to the Website is indeed that Customer. Everything that happens via the Customer's account is the responsibility and risk of the Customer.
5.4. If Client knows or suspects that his login details have come into the hands of unauthorised persons, he must change his password as soon as possible and/or notify FLOR-IT SàRL. of this, so that FLOR-IT SàRL. can take appropriate measures.
Article 6. Execution of Agreement
6.1. As soon as the order is received by FLOR-IT SàRL., FLOR-IT SàRL. will provide the services as soon as possible, subject to the provisions of paragraph 3 of this Article.
6.2. FLOR-IT SàRL. is entitled to engage third parties to perform the obligations arising from the Agreement.
6.3. The Agreement will clearly describe, in good time before the conclusion of the Agreement, the manner in which delivery will take place and the period within which services will be delivered. If no delivery period is agreed or stated, services will in any case be delivered within 60 days.
6.4. If FLOR-IT SàRL. cannot deliver the services within the agreed period, it shall inform Customer. In this case, Customer may agree to a new delivery date or he will be given the opportunity to terminate the Agreement free of charge.
Article 7. Right of withdrawal
7.1. This article applies only to the Customer being a natural person or company.
7.2. Customer has the right to terminate the Distance Contract concluded with FLOR-IT SàRL. within14 days of the agreement of the service, without giving reasons, free of charge.
7.3. The period shall begin on the day after the Customer, or a third party previously designated by him, entered into the Agreement.
7.4. Amounts already paid by Customer (in advance) will be refunded to Customer as soon as possible, but at the latest within 14 days after dissolution of the Agreement in the same way as Customer paid for the order.
7.5. Information on whether or not the right of withdrawal is applicable and any desired procedure shall be clearly stated on the Website in good time before the conclusion of the Agreement.
7.6. The right of withdrawal does not apply to:
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Services created by the entrepreneur in accordance with specifications of the Customer;
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The supply of digital content other than on a material carrier if the performance has started with the express prior consent of the Customer and he has declared that he thereby loses his right of withdrawal.
Article 8. Payment
8.1. Customer must make payments to FLOR-IT SàRL. according to the payment methods indicated in the ordering procedure and possibly on the Website or agreement. FLOR-IT SàRL. is free to choose payment methods and these may also change from time to time.
Article 9. Guarantee and conformity
9.1. This article applies only in the case of a Customer acting in the exercise of his profession or business. If a separate guarantee is given by FLOR-IT SàRL. on the products, without prejudice to what has just been stated, this applies to all types of Customers.
9.2. FLOR-IT SàRL. guarantees that the services comply with the Agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement
9.3. A guarantee provided by FLOR-IT SàRL., manufacturer or importer does not affect the legal rights and claims that the Customer already has and can invoke under the Agreement.
9.4. If the delivered service does not comply with the Agreement, Customer must notify FLOR-IT SàRL. of the defect within a reasonable period after discovering it.
9.5. If FLOR-IT SàRL. considers the complaint well-founded, the relevant products will be repaired, replaced or reimbursed after consultation with Customer. The maximum compensation will, subject to the Article on liability, be equal to the price paid by Customer for the product.
Article 10. Complaints procedure
10.1. If Customer has a complaint about a service (in accordance with Article on guarantee and conformity) and/or about other aspects of FLOR-IT SàRL.'s services, he or she can submit a complaint to FLOR-IT SàRL. by telephone, e-mail or post. See the contact details at the bottom of the General Terms and Conditions.
10.2. FLOR-IT SàRL. will respond to Customer's complaint as soon as possible, but in any case within 14 days of receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, FLOR-IT SàRL. will confirm the complaint within 14 days of the receipt of the complaint and give an indication of the period within which it expects to provide a substantive or definitive response to Customer's complaint.
Article 11. Personal data
11.1. FLOR-IT SàRL. processes Customer's personal data in accordance with the privacy statement published on the Website.
Article 12. Final provisions
12.1. The Agreement shall be governed by Swiss law.
12.2. Unless otherwise prescribed by rules of mandatory law, all disputes that may arise as a result of the Agreement shall be submitted to the competent Swiss court in the district where FLOR-IT SàRL. is located.
12.3. If any provision in these General Terms and Conditions proves to be invalid, this shall not affect the validity of the entire General Terms and Conditions. In that case, the parties will determine (a) new provision(s) to replace it, which will give shape to the intention of the original provision as much as legally possible.
12.4. In these General Terms and Conditions, ‘in writing’ also means communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail have been sufficiently established.
Contact details
If you have any questions, complaints or comments after reading these Terms and Conditions, please feel free to contact us in writing or by e-mail.
FLOR-IT SàRL
Route de Molard 17
1182 , Gilly, Vaude
Switzerland
E-mail: info@flor-it.com