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Terms and Conditions of Sale

1. PURPOSE AND SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE

1.1 These general terms and conditions of sale (hereinafter “TC”) govern any sale of items by Eris Mizar Sàrl (hereinafter “the Seller”) to its customers (hereinafter “the Buyer”) through its online sales site www.erismizar.com (hereinafter “the Site”) and regulate the contractual relationship between the Seller and the Buyer.

1.2 These “TC” apply to and form part of all orders and sales of products and services placed via the Site with the Seller by the Buyer. The Buyer must read the “TC” before placing any order, the “TC” being available on the Site. Consequently, the fact of placing an order implies the Buyer’s full prior and unconditional acceptance of the “TC” by clicking on the button “I have read and accept the General Terms and Conditions of Sale of the Site”.

1.3 These “TC” shall prevail with regard to online orders over any other general or specific conditions not expressly agreed by the Seller.

1.4 These “TC” shall apply without prejudice to the relevant legal provisions.

1.5 The Seller reserves the right to amend these “TC” at any time. Only the updated version shall be published on the Website. The version of the “TC” applicable to a sale is the one appearing online on the Website at the time of the order.

1.6 These terms and conditions do not give the Buyer any rights in respect of any copyright, trade marks or other intellectual property rights in any goods offered for sale on the Site, nor any intellectual property rights in respect of the Site, including trade mark and copyright law. The content of the Site may not be reproduced, distributed, broadcast, sold or exploited and the Buyer may not make any other use of it than that expressly provided for in these “TC”. The Buyer is therefore obliged not to carry out any act that may infringe the rights of the Seller or the rights of third parties.

1.7 If one or more of the provisions of these “TC” are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.

1.8 No forbearance, inaction or inertia on the part of the Seller shall be construed as a waiver of its rights under the “TC”.

1.9 For any question concerning these “TC”, the Buyer may contact the Seller by clicking on the contact form accessible on the Site via the “Contact Us” tab.

 

2. ORDERS

2.1 The placing of an order on the Site is subject to compliance with the procedure set up by the Seller on the Site comprising successive stages leading to the validation of the order.

2.2 By placing an order with the Seller, the Buyer declares that he/she is a natural or legal person of at least 18 years of age and capable of acting in his/her capacity as a consumer and proceeding with the purchase.

2.3 The Buyer may select as many products as he/she wishes, within the limit of the normal needs of a consumer and within the limit of five (5) identical products (same model, same colour and same size). These products will be added to the basket, which summarises the products chosen by the Buyer as well as the prices and related costs. The Buyer may freely modify the basket before validating his/her order. The validation of the order and the fact of clicking on the button “I have read and I accept the General Terms and Conditions of Sale” are deemed to be confirmation of the Buyer’s acceptance of the General Terms and Conditions of Sale, of the products purchased, of their price as well as of the associated costs.

2.4 confirmation email summarising the order placed will be sent to the Buyer by the Seller. To this end, the Buyer formally accepts the use of electronic mail for the confirmation by the Seller of the content of his/her order. Invoices are available in the “my account” section of the Site.

 

3. PRODUCTS

3.1 The products governed by these “TC” are those which appear on the Site and which are indicated as sold and shipped by the Seller. They are offered within the limits of available stocks.

3.2 The essential characteristics of the products are described and presented with the greatest possible accuracy. The items marketed on the Site are illustrated by their digital photos. Minor differences that may appear visually between these presentations and the actual item do not in any way engage the responsibility of the Seller as to the characteristics of the item concerned.

3.3 The Seller cannot be held responsible for the fact that an ordered item cannot be delivered due to lack of available stocks, additional supplies or production.

3.4 The Seller shall be free to discontinue or change the products offered at any time at his sole discretion.

 

4. SALES TRANSACTIONS – CONDITIONS

4.1 Upon receipt of an online order, the Seller shall notify the Buyer of the receipt of the order. This communication is only intended to inform the sender of the order that his request is being processed. It does not yet mean that the requested sale has been concluded.

4.2 The order can only be executed if the desired articles are available. In the event that the online order cannot be fulfilled, the Seller shall be obliged to cancel the order in whole or in part, without being held liable in any way whatsoever.

4.3 The goods listed on the Site are intended for retail sale. The Seller reserves the right, at its sole discretion, to refuse to conclude a sale (in particular if the proposed purchase appears to be intended for resale to third parties) or, where applicable, to limit the quantity deliverable per item and per Buyer.

4.4 Within twenty-four (24) hours of placing an order, the Buyer may request the Seller to modify or cancel the order. The Seller remains free to accept or refuse the Buyer’s request for modification or cancellation.

4.5 The Buyer may not, under any circumstances, modify or cancel an order when he has ordered items that have been manufactured and/or personalised at his request or when the ordered items are already being delivered.

4.6 The sending of an order placed on the Site can only be completed with the indication of various personal data, which benefit from the protection described below under 10. PROTECTION OF PERSONAL DATA

4.7 The Seller reserves the right to take civil and criminal action in the event of false information.

4.8 All orders are shipped from the Seller’s warehouse in Switzerland. Orders will not be shipped on Swiss public holidays or on weekends (Saturdays and Sundays).

4.9 Orders can be delivered worldwide subject to payment of delivery charges and other applicable taxes and fees – see below 7.1 Delivery terms.

 

5. PRICE AND PAYMENT

5.1 The price of the items offered for sale on the Site is stated in Swiss Francs (CHF) and includes all relevant taxes (including VAT).

5.2 The Seller reserves the right to change prices at any time.

5.3 In all cases, the applicable price is the one in force for the sale on the day of the transaction on the Site.

5.4 Packing and shipping costs are not included in the sale price – see below 7.1 Delivery terms.

5.5 The following methods of payment are accepted on the Site:

  • Debit or credit cards recognised by its electonic payment terminals (MasterCard, Visa)
  • Apple Pay
  • TWINT

 

6. SECURITY

In the case of electronic payments, the data transmitted is encrypted and secured in accordance with the recommendations of our service providers, i.e. “Zahls.ch” for credit cards, debit cards and TWINT, and “Zahls.ch” for Apple Pay.

See also below under 10. PROTECTION OF PERSONAL DATA.

 

7. DELIVERY AND RECEIPT OF ORDERED ITEMS

7.1 Delivery methods :

Delivery methods in Switzerland

Standard home delivery: 2-3 working days // CHF 7.- // Free (for orders over CHF 100.-)

Priority home delivery: 1 working day // CHF 9.-

International delivery methods

  • European Union (excluding UK and Overseas Territories)

Home delivery between 4 and 7 working days depending on the destination country: CHF 15.00

  • United Kingdom

Home delivery between 4 and 7 working days depending on the country of destination: CHF 20.00

  • Rest of the world and Overseas Territories

Home delivery within 12 to 20 working days depending on the destination country: CHF 35.00

Customs duties and VAT

All VAT or customs charges applied by the European Union (excluding the United Kingdom and Overseas Territories) and Switzerland are included in the sale price.

The Buyer domiciled outside the European Union and Switzerland must pay the customs duties and VAT of the importing country.

The price advertised on the Site does not include customs duties and VAT from countries other than the European Union (excluding the United Kingdom and Overseas Territories) and Switzerland.

The Buyer shall pay the above charges once the order has arrived in the importing country.

7.2 All products are shipped within forty-eight (48) working hours from the date of the online order. Delivery times are given as an indication only.

7.3 The Seller declines all responsibility for the delay or loss of a package. A delay in delivery may not under any circumstances give rise to any claim for damages whatsoever.

7.4 Delivery times may be extended from time to time due to the high level of activity of the carriers during the end of year period (from 1st to 31st December) or during special operations (e.g. sales).

7.5 Upon receipt of the order package, it is the responsibility of the Buyer to check the contents.

7.6 If the Buyer does not receive his/her order, he/she may contact customer service at: contact@erismizar.com. After a period of thirty (30) days following the date of the order, and in the absence of any complaint made within this period, the Seller will no longer be able to respond to a request or complaint from the Buyer.

7.7 If you have a complaint, please contact the customer service department: contact@erismizar.com – see also below 8. CONDITIONS OF RETURN AND EXCHANGE OF ITEMS.

 

8. CONDITIONS OF RETURN AND EXCHANGE OF ITEMS

8.1 The Buyer has a right of withdrawal of fourteen (14) calendar days from the date of receipt or collection of the entire order.

8.2 The Buyer must notify the Seller of any return or request for exchange of goods. The right of withdrawal can be exercised by contacting the customer service department at: contact@erismizar.com.

8.3 Exchanges are only possible for a purchase made and delivered in Switzerland. For other countries, the Buyer may request a credit note or a refund and place a new order for the item of his/her choice via the Site.

8.4 The invoice or a document indicating the Buyer’s contact details and the order number must be attached to the return, otherwise the return cannot be processed and the item will be returned to the Buyer.

8.5 The item must be returned in its original packaging, in particular for shoes to be returned in their box, with their possible cover.

8.6 Returned items must reach the Seller in a strictly new and undamaged condition, unworn, and still with all the elements: covers, labels not detached from the original presentation, card, etc., otherwise the return will be refused and the shipment will be returned to the Buyer.

8.7 Return address :

Eris Mizar Sàrl

Avenue de Collonge 8

CH-1820 Territet

Switzerland

For a return from another country than Switzerland, the Buyer will have to declare to the chosen carrier the value of the goods as “RETURNED GOODS, NO TRADE VALUE”.

8.8 The return is at the expense of the Buyer who also bears the shipping risk.

The Buyer shall use the services of the Post Office or an authorised carrier. The Buyer is strongly recommended to use a traceable shipping service and to take out shipping insurance. The Buyer must retain the proof of shipment and deposit (stamped and dated) provided by the chosen carrier until the order is refunded. The Seller cannot be held responsible for any damaged or lost return packages.

8.9 Possible defects :

The items offered on the Site benefit from a high level of quality and control before shipping. However, if an item purchased from the Site should have a defect (i.e. in the legal sense: an anomaly due either to a manufacturing error, or to an incident of transport or storage), the Buyer must imperatively notify the Seller as soon as the defect is noticed. The item may be returned for exchange or refund.

8.10 Exceptions to returns :

No return or exchange can be accepted :

– for items that have been personalised at the request of the Buyer

– for items that have been opened and cannot be returned for reasons of hygiene

– for damaged items, with missing parts or traces of use, not due to a fault of the Buyer

– sale items, promotional items and discontinued items, except in the case of manufacturing defects that are not apparent (hidden defects)

– gift cards

8.11 The Seller reserves the right to refuse any goods which it considers, at its sole discretion, do not comply with the above return and exchange criteria.

 

9. EXCHANGE – REFUND

9.1 Insofar as the Seller considers that the conditions set out above are met, the returned item may be refunded or exchanged according to the Buyer’s request and the terms and conditions set out under 8. CONDITIONS FOR RETURNING AND EXCHANGING ITEMS.

9.2 Refunds will be made using the same method of payment as that selected at the time of ordering.

 

10. PROTECTION OF PERSONAL DATA

10.1 Concerned about the protection of privacy, the Seller undertakes to ensure the highest level of protection of personal data and scrupulously observes the legislation applicable to the protection of the Buyer’s private sphere.

10.2 In order to use certain services offered on the Site, in particular to make a purchase, the Buyer must create an account which he/she may modify or delete at any time. The information requested at the time of the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered. Without this information, the Seller cannot process orders. Personal information must be filled in accurately. No automated decisions or profiling are implemented through the ordering process.

10.3 All personal information registered on the Website (name, first name, address, contact data, purchases etc.) is treated as strictly confidential.

10.4 At any time, the Buyer may request the modification or deletion of his/her personal information by sending an email to this effect to customer service: contact@erismizar.com.

10.5 The Seller does not have access to the Buyer’s banking information and payment details, as transactions are carried out directly and securely by its payment partners – see 6. SECURITY.

10.6 The Seller uses permanent cookies. They are simply used to record the Buyer’s transactions, to facilitate future visits to the Site and future orders and to adapt the offer to the Buyer’s tastes. It is possible to block and delete cookies in the security settings of the web browser used.

10.7 In order to adapt the organisation of the Website to the needs of its customers, the Seller uses the “Google Analytics” application. The data of Internet users is taken into account in a completely anonymous manner and is used solely for the Seller’s internal market research.

10.8 The Seller does not communicate to third parties any information relating to its customers, with the sole exception of its service providers responsible for assisting it in the execution of the online sale or for carrying out statistical analyses on its behalf. Thus, the recipients or categories of recipients of personal data, if any, are: the data controller, the departments in charge of marketing, the departments in charge of IT security, the department in charge of sales, delivery and ordering, the subcontractors involved in delivery and sales operations, as well as any authority legally authorised to access the personal data in question. In the course of their work, the service providers may be required to process or have access to personal data concerning the Buyer. For each of these auxiliaries, this communication of information remains only to the extent strictly necessary for the accomplishment of the task entrusted to it by the Seller. These service providers are themselves subject to the legislation on the protection of personal data.

10.9 Any data subject shall have the right to request from the controller access to his/her personal data, the rectification or erasure thereof, or a restriction of the processing relating to the data subject, or the right to object to the processing and the right to data portability.

10.10 The data subject shall have the right to lodge a complaint with a supervisory authority.

 

11. FORCE MAJEURE

The performance of the Seller’s obligations under these “TC” shall be suspended in the event of the occurrence of an act of God or force majeure which would prevent the performance thereof. The Seller shall notify the Buyer of the occurrence of such an event as soon as possible

 

12. RETENTION OF TITLE

The items ordered remain the full and complete property of the Seller until full payment has been made and the Seller may, in the event of non-payment, demand that they be returned in their original condition and reserves the right to institute any proceedings and claims for damages.

 

13. APPLICABLE LAW

13.1 These “TC” and all processes and transactions covered by them are subject exclusively to Swiss law.

13.2 The Site complies with Swiss law, and in no case does the Seller give any guarantee of compliance with local legislation that may be applicable to you, when you access the Site from other countries.

13.3 In the event of a dispute arising from an order or sale, the Seller gives preference to amicable reasoning. The Buyer may submit a written complaint to the Customer Service at: contact@erismizar.com.

13.4 The Customer may also contact the dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/ , in particular in the event of a cross-border dispute.

13.5 In addition, the Buyer always has the right to take legal action to resolve a dispute. Any dispute shall be submitted exclusively to the competent Swiss courts to the exclusion of conflict of laws rules. The place of jurisdiction for any dispute arising from the relationship between the Seller and the Buyer shall be the Seller’s registered office in Montreux.