GENERAL TERMS AND CONDITIONS

  1. APPLICABILITY

These general terms and conditions apply to all orders placed in the online shop of Helvetimart, Rue du Petit-Chêne 3, 1003 Lausanne, Switzerland, Tel.: +41 21 626 33 33, E-Mail: Lausanne(at)helvetimart.ch, company identification number: CHE‑216.372.454 (hereinafter referred to as «Helvetimart online shop»).

 

  1. OFFER AND CONCLUSION OF CONTRACT

2.1 The presentation of products in the online shop does not constitute a binding offer but an invitation to place an order.

2.2 By clicking on the [Order] button, the customer places a binding order for the products listed on the order page. The customer cannot change the order once it has been placed.

2.3 As soon as the order is received, Helvetimart online shop confirms receipt of the order by e-mail. The purchase contract is concluded only when Helvetimart online shop confirms dispatch of the goods by e-mail (the order or dispatch confirmation) or at the latest upon delivery of the goods.

 

  1. PRODUCTS CONTAINING ALCOHOL

In Switzerland and Europe, it is illegal to sell products containing alcohol (wine, spirits, sparkling wine etc.) to persons under 18 years of age. By placing an order in the Helvetimart online shop the customer acknowledges this and confirms that he/she is legally entitled to make the purchase.

 

  1. PRICES

4.1 The prices quoted on the product page include VAT as prescribed by the law and other price components and are quoted in Swiss francs (CHF).

4.2 The prices for the products offered shown on the date on which the customer places the order shall apply. The prices are binding until an order confirmation is issued by Helvetimart online shop or for the period specified in the order confirmation.

4.3 Prices are subject to change due to taxes, duties, fees and delivery costs.

 

  1. DELIVERY COSTS

Delivery costs of the ordered articles is charged to the customer. Delivery costs consist of postage and packaging costs. All deliveries are made in “A Post Priority” in order to have a traceability, and because we send mainly perishable products.
Delivery is free of charge from 300 CHF purchase.

 

  1. TERMS OF DELIVERY

6.1 Deliveries are made according to three shipping/delivery zones: Switzerland, Europe (Zone 1) and Europe (Zone 2).

According to Swiss Post, Europe (Zone 1) includes: Germany, Austria, Belgium, Denmark, France, United-Kingdom, Italy, Netherland.

According to Swiss Post, Europe (Zone 2) includes: Spain, Poland, Portugal, Sweden.

6.2 Helvetimart online shop shall not be held liable for delays caused by events beyond its control, e.g. force majeure, traffic congestion, severe weather conditions or the unusual, unexpected holding of the goods by customs authorities, and such events shall not entitle the customer to withdraw from the purchase contract or claim compensation.

6.3 If not all the products ordered are in stock, Helvetimart online shop is entitled to delay the delivery until all products are available.

6.4 If the goods cannot be delivered through the fault of the customer, Helvetimart online shop shall be entitled to withdraw from the contract after three attempts at delivery. No refunds for unsuccessful deliveries (non-collection, incorrect shipping address…).

 

  1. TERMS OF PAYMENT

7.1 Payment is made in advance

7.2 Payment may be made by credit card.

7.3 If payment is made by credit card, the customer’s account will be charged immediately.

7.4 The customer may not offset against payments counterclaims which are not recognised or legally established.

7.5. If you are a company and wish to place an order and pay by invoice, please contact us at lausanne(at)helvetimart.ch.

 

  1. DELIVERY TO SWITZERLAND, EUROPE AND OTHER COUNTRIES

8.1 Shipping within Switzerland
A Post Priority (registered). Delivery within Switzerland is around 1-2 days.

8.2 Shipping within Europe
A Post Priority (registered) in partnership with courier services. Delivery within Europe is around 2-5 days.

8.3. Shipping for orders placed on Saturdays, Sundays and public holidays
If an order is received on a Saturday, Sunday or public holiday, it will be dispatched on the next working day but one (Monday to Friday). We recommend placing your order as early as possible (if possible 4-5 working days before the desired delivery date). Longer delivery times should be expected for orders placed before public holidays.

8.4 Delivery costs / customs surcharge
Delivery costs comprise postage and packaging costs. They are calculated individually based on destination (delivery/shipping zone) and weight.
Goods values below CHF 700 and/or items sent by post up to 2kg are exempt from duty. These shipments have the “green” duty-free label affixed for shipments abroad. However, the customs authorities of the countries of delivery concerned are entitled to check the shipments and levy duty and VAT (local rates) where applicable. Helvetimart therefore encloses an invoice with every shipment. Customs fees charged to the customer are incurred for goods values of more than CHF 700 and/or items sent by post weighing over 2kg. We are obligated to prepare a corresponding customs declaration. Please contact your customs directorate or import authority for more information on the applicable regulations and duties on goods.

 

  1. RETENTION OF TITLE

Goods shall remain the property of Helvetimart online shop until full payment has been made. Prior to the transfer of title, the goods may not be pledged, transferred by way of security, processed or altered without the permission of Helvetimart online shop.

 

  1. RIGHT OF REVOCATION

We don’t give any right of revocation as our products are often very perishable. For a possible return, requests are treated on a case by case basis. Please send us your request on lausanne(at)helvetimart.ch.

 

  1. GUARANTEE

    11.1 The recipient undertakes to inspect the goods immediately upon receipt to ensure they are complete and in acceptable condition. Any complaints relating to the quality and completeness of a delivery must be reported to Helvetimart online shop immediately and within 24 hours of receipt. Otherwise the delivery shall be deemed accepted.

    11.2 Helvetimart online shop shall not be held liable for damage during transit or damage caused by improper storage after the goods were handed over the customer or the customer’s auxiliaries.

 

  1. LIABILITY

Helvetimart online shop accepts no liability for negligent breach of contract. The same applies to breaches of contract on the part of auxiliaries and substitutes.

 

  1. APPLICABLE LAW

13.1 Contracts are subject solely to Swiss law and the Vienna Convention (CISG) shall not apply.

13.2 The sole place of jurisdiction, without prejudice to legal remedy in the Federal Supreme Court of Switzerland, is [Vaud].

 

  1. DATa protection

14.1 Personal data is collected only if you provide it on a voluntary basis to order goods, open a customer account or subscribe to our newsletter. We use the information you provide only to fulfil and process your order, unless we have your separate consent for any other purpose. Once the contract has been fully processed and the purchase price has been paid in full, your data is blocked from further use and then deleted after the legal retention period unless you have given us your express consent to continue using your data.

14.2 Your data will be shared with our delivery partners only insofar as this is necessary in order to deliver your goods. We will share your payment details with our bank for the purpose of processing your payment. The bank will process this data only to the extent that we ourselves are permitted to do so. Your personal data will not be disclosed to third parties for any other purpose.

14.3 This site uses Google Analytics. This web analytics service provided by Google Inc. (“Google”) uses cookies. This allows us to analyse your use of the Helvetimart website. The information generated by the cookie is normally transmitted to and stored on a Google server in the United States. However, if IP anonymization has been activated on this site, in member states of the European Union and other countries which are signatories to the Agreement establishing the European Economic Area, your IP address will first be shortened by Google. Only in exceptional cases will the full IP address be sent to a Google server in the United States, where it will be shortened.
Google will use this information on behalf of Helvetimart to evaluate your use of the site, compile reports on site activity and provide the site operator with other services relating to site and Internet usage. The IP address collected by Google Analytics will not be linked with any other data held by Google.

 

  1. FINAL PROVISIONS

Should any provision of these general terms and conditions be ineffective, the rest of the contract shall remain effective. The relevant statutory provisions shall apply in place of the ineffective provision.