1 The purpose of these General Terms and Conditions of Sale is to govern the online sale of products via the e-commerce service on the website www.chenot.com.
1.2 The products sold on the website can only be purchased from and delivered to the countries specified in paragraph 7.6. Any orders for shipments to be made to other countries will automatically be rejected during the order processing procedure.
2.1 The products are sold directly by the company HC International S.A. (hereinafter Seller) with registered and business office in Switzerland, in Hertensteinstrasse, 34 – 6353 Weggis (CH) – Tel. +41 091 910 46 00. For further information, contact HC International S.A. via e-mail at the following address: [email protected]
2.2 These General Terms and Conditions of Sale govern the offer, submission and acceptance of purchase orders of products on www.chenot.com and do not cover the supply of services or the sale of products by persons other than the Seller which appear on www.chenot.com website through links, banners or other hypertext links.
2.3 The products are sold to the Customer identified by the data entered upon registration with the website and upon sending the order in electronic format with simultaneous acceptance of the General Terms and Conditions of Sale contained herein.
2.4 The offer of products on the website www.chenot.com applies to customers aged 18 years or over. Customers under 18 of age must obtain the prior consent of a parent or guardian to purchase on the website www.chenot.com. By placing an order through the website, the Customer represents and warrants being of legal age (18 years) and having the legal capacity to enter into binding contracts.
2.5 The Customer is prohibited from using false and/or made-up and/or fictitious names during the online ordering procedure and subsequent correspondence. The Seller HC International S.A. reserves the right to legally pursue any violation or abuse in the interest and for the protection of all its customers.
2.6 Furthermore, by accepting these Terms and Conditions of Sale, the Customer holds the Seller harmless from any liability arising from the submission of incorrect tax documents due to errors in the data provided by the Customer upon placing the online order, as the Customer is solely responsible for their correct input.
3. Sale via e-commerce service
3.1 The online sales contract is a distance contract for the sale of movable property (hereinafter referred to as the Products) entered into by and between the Customer and HC International S.A. as the Seller, as part of the e-commerce service organized by the Seller using the distance communication technology called the Internet.
3.2 To conclude the contract for the purchase of one or more Products, the Customer must fill in the electronic Order Form and send it to the Seller by the Internet following the relevant instructions.
3.3 The Order includes the following: Reference to these General Terms and Conditions of Sale. Information and pictures of each Product and its price. The method of payment that the Customer can use. The method of delivery of the purchased Products and the shipping and handling costs to the methods and time limits for the return of the purchased products.
3.4 While HC International S.A. constantly makes every effort to ensure that the photographs displayed on the Website are faithful reproductions of the original products, including the adoption of every possible technological solution aimed at minimizing inaccuracies, variations may occur due to the technical and colour resolution characteristics of the computers used by the Customers. As a result, the Seller shall not be held liable for any deficiency in the graphic representations of products displayed on the Website due to these technical reasons, as such representations are purely for illustrative purposes.
3.5 Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale, including the Notice about the right of withdrawal and return and the processing of personal data.
3.6 The contract is concluded when the Seller confirms the Customer’s Order received through the Internet and after verification of the correctness of data related to the order.
3.7 Once the contract is concluded, the Seller will process and fulfil the Order.
4. Fulfilling the Order
4.1 By placing an Order on the Internet, the Customer unconditionally accepts and agrees to comply with the General Terms and Conditions of Sale in his/her relations with the Seller.
4.2 Once the contract is concluded, the Seller will send the Customer an e-mail confirmation of the order; a summary of the information contained in the Order will always be available in the user area.
4.3 Before sending the Order Confirmation, the Seller reserves the right to contact the Customer by e-mail or telephone to request additional information about an Order sent via the Internet.
4.4 The Seller may not process orders from customers who do not offer sufficient guarantees of solvency, which are incomplete or incorrect or in the case of the unavailability of products. In these cases, the Seller will inform the Customer by e-mail that the contract is not concluded and will not be fulfilled and will explain the reasons.
4.5 If the products displayed on the website are no longer available for sale after the Order has been placed, the Seller will notify the Customer promptly – in any case within thirty working days of the date on which the order was placed – of the unavailability of the ordered Products.
4.6 Each sale made by the Seller through the online sales service may involve one or more products, with no limit on quantity for each item.
4.7 HC International S.A. reserves the right to refuse to process orders from a Customer with whom there is an ongoing legal dispute regarding a previous order. This applies equally to all cases in which HC International S.A. deems a Customer ineligible, including, for example, in case of previous violations of the terms for online purchase contracts or for any other legitimate reason, especially if the Customer has been involved in fraudulent activities of any kind.
5. Selling prices
5.1 Unless otherwise stated in writing, all Product prices and shipping and handling costs indicated on the website and in the Order are to be considered VAT inclusive and in Euro. The valid prices are always and solely the ones specified on the website at the time of submission of the Order via the Internet. Product prices and the shipping and handling costs may vary without notice. Make sure you check the final price before submitting an Order.
5.2 The Product prices and the shipping and handling costs specified on the website and in the Order, unless otherwise indicated, do not include any customs duties and related dues if the shipment takes place in countries outside the EU or in countries where the legislation in force provides for import charges.
5.3 Thus, these costs are to be borne by the Customer and must be paid directly upon delivery of the Products in accordance with the directions specified in the Order Confirmation. In the event of non-payment, the customer assumes all and any liability.
6. Payment methods
To pay for the Products as well as the shipping and handling, the Customer may follow one of the methods described in the Order procedure on the website www.chenot.com and outlined here below.
6.1 Credit cards and prepaid cards. 6.1.1 For online orders on our website we accept payments by credit cards, prepaid cards and Paypal without any additional charges. It is understood that the Customer must be the holder of a credit card that is valid at the time of submission of the online order of Products and that the name on the credit card must be the same as that provided in the billing information. If these conditions are not fulfilled the order cannot be processed.
6.1.2 When purchasing online, the Customer’s Bank will place a hold on the Order amount on the Customer’s credit card upon confirmation of the Order. The amount will actually be debited to the credit card only once the purchased products have been shipped.
6.2 At no time during the purchase process is HC International S.A. able to know Customer credit card information (e.g., credit card number or expiration date) transmitted via a connection secured by an encrypted protocol to the website of the entity that manages the electronic payment. The Seller will not retain such information on an electronic archive.
6.3 Therefore, the Seller may never be held responsible for any fraudulent use of credit cards and pre-paid cards by a third party.
7. Shipping and delivery of products
7.1 Each consignment contains: The product(s) ordered. The relevant transport document/invoice. Any accompanying documentation required according to the Country of dispatch. Any information and marketing material.
7.2 Orders can only be shipped to the countries specified in paragraph
7.7. 7.3 The purchased products will be delivered by the courier selected by the Seller to the shipping address specified in the Order by the Customer by insured shipping.
7.4 Subject to availability, after acceptance of the Order, the Seller will deliver the products ordered by the Customer, as quickly as possible. Delivery will normally take place within 4-7 working days. If an order is not received within the above time period, it shall not be considered as a lost consignment until after 10 working days of the date of shipment. As a general rule, all the Products purchased by the same order will be delivered in a single consignment.
7.5 Upon receipt of the products, the Customer should check the integrity of the package at the time of delivery by the courier. In the case of anomalies, the Customer should indicate them to the courier and make sure the Courier records them, and reject the delivery. Otherwise, the Customer’s ability to enforce his/her rights in this matter will lapse.
7.6 Shipping costs vary based on the country of destination according to the following: ITALY – express courier Up to 3.000 kg: € 8.00 From 3.001 kg to 5.000 kg: € 10.50 From 5.001 to 7.000 kg: € 12.00 AREA 1 Air shipping to Austria, Belgium, France, Germany, Luxemburg, Netherland, and Principality of Monaco. Up to 3.000 kg: € 22.50 From 3.001 kg to 5.000 kg: € 30.00 From 5.001 to 7.000 kg: € 36.00 AREA 2 Air shipping to Great Britain, Spain, and the Balearic Islands. Up to 3.000 kg: € 23.50 From 3.001 kg to 5.000 kg: € 31.50 From 5.001 to 7.000 kg: € 38.00 AREA 3 Air shipping to Denmark, Finland, Greek, Ireland, Portugal, and Sweden. Up to 3.000 kg: € 24.00 From 3.001 kg to 5.000 kg: € 32.00 From 5.001 to 7.000 kg: € 38.50 AREA 4 Air shipping to Bulgaria, Cyprus, Croatia, Czech Rep., Malta, Poland, Romania, Slovakia, Slovenia, and Hungary. Up to 3.000 kg: € 44.50 From 3.001 kg to 5.000 kg: € 61.50 From 5.001 to 7.000 kg: € 76.00 AREA 5 Air shipping to Canary Islands, Gibraltar, Iceland, Norway, Liechtenstein, Switzerland, and Turkey. Up to 3.000 kg: € 32.50 From 3.001 kg to 5.000 kg: € 40.50 From 5.001 to 7.000 kg: € 47.00 AREA 6 Air shipping to USA (for Alaska and Hawaii: see Area 7) Up to 3.000 kg: € 33.00 From 3.001 kg to 5.000 kg: € 42.00 From 5.001 to 7.000 kg: € 50.00 AREA 7 Air shipping to Alaska, Bahrain, Brunei, Canada, Hawaii, and Singapore. Up to 3.000 kg: € 39.50 From 3.001 kg to 5.000 kg: € 50.50 From 5.001 to 7.000 kg: € 68.00 AREA 8 Air shipping to Argentina, Australia, Brazil, China, Egypt, Japan, Hong Kong, India, Indonesia, Mexico, New Zeeland, Oman, Qatar, Saudi Arabia, Taiwan, Thailand, and U.A.E. Up to 3.000 kg: € 44.00 From 3.001 kg to 5.000 kg: € 55.50 From 5.001 to 7.000 kg: € 74.00 AREA 9 Air shipping to Iraq, Israel, Lebanon, Libya, Russia, South Africa, Syria, and Jordan. Up to 3.000 kg: € 56.50 From 3.001 kg to 5.000 kg: € 70.00 From 5.001 to 7.000 kg: € 83.00 AREA 10 Air shipping to Albany, Algeria, Armenia, Azerbaijan, Byelorussia, Bosnia Herzegovina, Georgia, Iran, Kazakhstan, Kyrgyzstan, Kosovo, Macedonia, Morocco, Moldavia, Montenegro, Rep. of Serbia, Tajikistan, Turkmenistan, Tunisia, Ukraine, and Uzbekistan. Up to 3.000 kg: € 62.00 From 3.001 kg to 5.000 kg: € 74.00 From 5.001 to 7.000 kg: € 86.00 The destination country may subject to import taxes, customs duties and fees levy orders shipped outside of the European Union. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient’s country. Import duty or tax costs will be invoiced to the recipient directly from DHL or similar courier. Customs policies vary widely from country to country; we recommend you contact your local customs authority to determine a landed cost price prior to purchase completion. HC International S.A. has no control over these charges, nor can HC International S.A. predict what they may be. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates. Note: Customs offices in some countries require the recipient to provide a particular form of identification before releasing a shipment, such as the Tax Identification Number or equivalent, according to local laws. Countries that require an identification number include Russia, USA, Brazil, China, India, Israel, Qatar, Taiwan, and Turkey.
8. Right of withdrawal
8.1 Only if the Customer who enters into the contract is a Consumer (meaning any individual who is shopping on the website for purposes unrelated to any business or professional activities) will s/he be entitled to withdraw from the contract with the Seller, whether in all or in part, without incurring in any penalties and without being required to give any reason, within 14 (fourteen) working days of the date of receipt of the consignment.
8.2 To exercise their right of withdrawal, Customers shall follow the Online Return Procedure or make any other unequivocal statement setting out his decision to withdraw from the contract within 14 (fourteen) working days of the date of receipt of the consignment. To activate the Online Return Procedure, Customers must sign in using their username and password in the “Account” section of the website www.chenot.com. Here, in the “My Orders” subsection, they will find a list of their orders and, through the “order detail “of each order, they will be able to activate the Online Return Procedure for the selected order. Through the Return Procedure, the Customer informs the Seller of his/her intention to withdraw from the contract whether in all or in part, specifying which products will be returned.
8.3 Upon execution of the Online Return Procedure, the Customer will receive all the information necessary for the return of the Products.
8.4 The right of withdrawal is subject to the following conditions: The returned Products must be returned in their entirety; no parts or individual components will be accepted even in the case of kits. The returned Products must not have been used or damaged. The returned Products must be returned in their sealed original packaging. The returned Products must be delivered to the courier within 14 (fourteen) working days from the date of receipt of the same. In the event of the Seller offering discounts for the purchase of a specific package of products versus purchasing them individually (e.g. 5 for 4, 3 for 2, etc.), the right of withdrawal may be exercised for the return of only some of the purchased products; in this case, the price will be recalculated with reference to the normal price for a single product.
8.5 In returning products, if the Customer wishes to not pay the cost of returning the purchased products the Customer may use the Courier indicated by the Seller in the Online Return Procedure; this way, the cost of returning the purchased products will be paid directly by the Seller on behalf of the Customer. Furthermore, from the time the courier indicated by the Seller in the Online Return Procedure takes possession of the Products, the Seller shall hold the Customer harmless for any loss or damage to the products during transport.
8.6 When the right of withdrawal has been exercised, the Seller will refund the amount paid by the Customer within 14 days as of the date of receipt of the Products as set out above, by crediting the amount to be refunded with the same method of payment selected by the Customer at the time of the order.
8.7 If the right of withdrawal has been exercised without complying with the provisions contained in Article 8, the Seller will return the purchased Products to the Customer, charging him with the additional shipping costs.
8.8 The Right of Withdrawal cannot be applied in the case of products customized at the express request of the Customer at the time of Ordering.
9. Warranty for non-compliant products
9.1 The Seller shall be liable for any defects in the products offered on the website, including the lack of conformity of the items delivered to the products ordered, pursuant to the provisions of Swiss Law.
9.2 If the Customer has entered into the contract as a Consumer (meaning any individual who is shopping on the website for purposes unrelated to any business or professional activities), this warranty is valid provided that both conditions below are fulfilled: a) The defect appears within 24 months from the date of delivery of the products. b) The Customer files within a period of two months from the date on which he detected the defects a formal complaint about the defects by registered mail, sending it to the address referred to in Article 10 hereof.
9.3 In particular, in the case of lack of conformity, the Customer who has entered into the contract as a Consumer shall be entitled to the restoration of conformity of the product free of charge, through repair or replacement, or to obtain an appropriately reduced price or the termination of the contract with regard to the contested goods, and the consequent refund.
9.4 All costs for the return of defective products will be covered by the Seller.
10. Contact information For further information, the Customer can contact the Seller at the following email address: [email protected] or the following address: e-Commerce Office HC International S.A. Hertensteinstrasse 34, 6353 Weggis (CH) (Switzerland)
11. Communication with the Customer The Customer acknowledges, accepts and agrees that all communication, notifications, certificates, information, financial reports and any other documentation regarding the operations performed for the purchase of Products will be sent to the email address indicated at the time of registration, with the possibility of downloading the information to a durable medium in the manner and within the limits provided for on the Website.
13. Applicable law, dispute settlement and competent jurisdiction These General Terms and Conditions of Sale are governed by Swiss law and shall be interpreted according to it, without prejudice to any other overriding mandatory rule of the country of habitual residence of the Customer. Therefore, the interpretation, execution and termination of the General Terms and Conditions of Sale are solely governed by the Swiss law and any disputes related and/or arising out of the same shall be settled exclusively by the Swiss judicial authority; the Law Court of the place of the registered office of the Seller, HC International S.A., has sole jurisdiction in any dispute relating to this contract. The General Terms and Conditions of Sale and the Order Form have been drawn up in multiple languages. In the case of inconsistencies or different interpretations, the English version shall prevail.
14. Change and update The Seller may make changes or amendments to these General Terms and Conditions of Sale at any time. Therefore, the Customer will be required to accept only the General Terms and Conditions of Sale in force at the time of purchase. The new General Terms and Conditions of Sale shall be effective from the date of publication on the website www.chenot.com, and they are relevant to purchase orders submitted after that date.