SERVICE AGREEMENT - General Conditions of Sale
This document was updated on 01/04/2020
- Summary of the main sales conditions.
1.1 These General Conditions govern the Remote Product Delivery Service (hereinafter the “Service”), as defined below, on the website https://www.squale.ch (hereinafter the "Site") on behalf of Squale SA, (hereinafter the "Seller").
1.2 Before making your purchase we kindly ask you to read this Service Agreement in full, however we point to the key terms and conditions of the Service below:
- Products are shipped from SWITZERLAND.
- Product price and presentation: product prices are expressed in CHF, including VAT and shipping costs (unless otherwise defined in checkout details). Images of products offered for sale on the site may not match the actual ones as a result of the internet browser and monitor being used.
- Purchase Order: to purchase one or more products, you will need to carefully fill in a purchase order (a binding contractual proposal) and send it to the Seller via telematics, which summarizes the information on the essential features of each ordered product, the relative price, means of payment, delivery methods, and shipping costs. By submitting a purchase order you confirm that you know and agree to the General Sales Terms.
- Order Evasion: After receiving the purchase order, the Seller will send confirmation of its acceptance or indicate the reasons for which the order will not be issued. Shipment is only made after regular payment registration within 30 days of receipt of the purchase order. In the case of products purchased belonging to different product categories through a single order, the products may be delivered at different times. WARRANTIES: all products available on the site are guaranteed against any defects in conformity which become apparent within two years of delivery.
- Right of withdrawal: You have the right to withdraw from the contract agreed with the Seller, without any penalty and without specifying the reason, within twenty (20) business days after the receipt of the products purchased on the Site. See the following articles on Return and Exchange Policies for information on how to exercise this right.
- Costs related to customs: any customs duties or generic customs costs, may be applied to the customer upon receipt the order. These charges are not dependent on Squale SA.
- For any information regarding the purchase of products through the Site, you may also contact Customer Service at the addresses listed on the website's contact page.
- Product Information and Prices.
2.1 All information about the essential features of the products is provided within the identification card of each of them.
2.2 Product prices are expressed in CHF, they include VAT and shipping costs (unless otherwise specified). The prices indicated on the Site may be subject to change, so please check the final sale price before submitting the relevant purchase order.
- How to conclude your purchase agreement.
3.1 To conclude the purchase agreement of one or more products on the Site, after having selected the product or products of interest, you must fill in a purchase order of the products selected and send it to the Seller in electronic form (which is valid as a contractual proposal), indicating the products which you are requesting to purchase, the chosen method of payment and some of your personal data necessary for the delivery (hereinafter “Purchase Order”).
3.2 The Purchase Order consists of a principal form in which the user must indicate the personal details necessary for delivery, and a form indicating the selection of products and activation of the chosen payment medium (as indicated in Article 4 below). The Purchase Order also contains a summary of information on the essential features of each product ordered and its relevant price, the means of payment available to purchase each product, the delivery methods of the products, and shipping costs.
3.3 The Purchase Order will be stored in our database for the period of time required to execute the order (and in any case under the terms of the law). You can always access your Purchase Order at any time to monitor the status by linking to the Site and accessing the "My Purchases" section.
3.5. The contract is concluded when the Seller receives and accepts, electronically, your Purchase Order, after verifying the accuracy of your order data. The Seller may not process the Purchase Order if: (a) It does not provide a sufficient solvency guarantee or is incomplete or incorrect, or (b) Products are no longer available or for sale. In such cases, the Seller will inform you in writing (and in any case within thirty days from the day following the date on which the Seller has received your Purchase Order) by e-mail that the contract is not concluded, specifying the reasons. If you have already paid the product price and shipping charges, you will be refunded the corresponding amount (as described in Article 5 below).
If the Seller intends to conclude the contract, he will send you by email a Purchase Order receipt containing a summary of the information already contained in the Purchase Order (general sales conditions, information on right of withdrawal, information on the essential characteristics of the product and detailed indication of the price, means of payment and delivery costs).
- Payment Methods
4.1 When you submit a Purchase Order, you will be asked to choose one of the following payment methods for the products:
- a) advance bank transfer to Seller
- b) credit card
- c) PayPal
4.2 In case of payment by bank transfer in advance, you will receive confirmation by e-mail of the bank details to which you can make the transfer along with the purchase receipt from the Seller.
We invite you to check the completeness and correctness of the references and essential elements of your bank transfer. Missing data or missing references may result in delays in ordering and subsequent delivery of the products.
4.3 When paying through PayPal, at the end of the Purchase Order process, you will automatically be directed to the PayPal login page. In this way, the order amount will be charged to your PayPal account upon receipt by the Seller.
If you later cancel your order, the refund will be charged to your PayPal account. In no event shall the Seller be liable for any direct or indirect damages caused by delays in the non-payment of the amount agreed by PayPal.
At no time during the site purchase procedure is the Seller able to access or know your financial information. For each transaction you make with your PayPal account, you will receive a confirmation email directly from PayPal.
- Shipping and Delivery of Products
5.1 Delivery of products is made to the address indicated on the Purchase Order only after payment of the price on the relevant Purchase Order. No deliveries will be made to Post Office boxes. In any case the Seller will provide the delivery of products no later than 30 days from the day of receipt of payment.
5.2 We ship worldwide. Delivery will be completed within 10 business days of the shipment date, excluding Saturdays, Sundays and public holidays. Scheduled delivery times are to be considered purely indicative; the Seller shall not be responsible in any way for any late delivery due to causes not attributable to the Seller.
5.3 The shipment will be accompanied by an invoice issued by the Seller.
- Quality of Products and guarantees
6.1 The Seller does not sell used products or products of inferior quality to the corresponding standards offered on the market. You are aware and accept that the images and colors of the products offered for sale on the site may not be the same as the actual ones due to the internet browser and monitor used.
7.1 You have the right to terminate the contract with the Seller, without penalty and without giving any reason, within twenty (20) business days from the date of receipt of the products purchased on the site.
To cancel the contract you must first send an e-mail to the address firstname.lastname@example.org, to acquire an IPS authorization for the return. You must then return the products to "Squale SA C/so San Gottardo 54/A Chiasso CH6830, SWITZERLAND" delivering them to the carrier for shipment within twenty (20) working days from the date you received the products.
You are responsible for shipping charges, including liability for loss of or damage to the products.
7.2. In addition to respecting the terms and methods described in point 7.1 above, the right of withdrawal will be exercised correctly if all of the following conditions are also met:
- The products must not have been used, worn, washed or damaged
The label must be intact and still attached to products
- Products must be intact and returned suitably sealed and in their original packaging
- Returned products must be sent to the Seller in a single shipment. The Seller, in fact, reserves the right not to accept products from the same order returned and delivered at different times.
7.3 If the right of withdrawal is exercised in accordance with the terms and conditions set out in this paragraph 7, the Seller shall refund any sums already collected for the purchase of the products.
The amount will be refunded as soon as possible and, in any case, within thirty (30) days from the date on which the Seller is aware of the exercise of his right of withdrawal. We will activate the procedures for reimbursement pursuant to the following paragraph 8, upon verifying the correct execution of the terms and conditions set out above.
7.4 If you do not fulfill the terms and conditions for exercising your right of withdrawal, as specified in this section 7, you will not be entitled to reimbursement of the sums already paid to the Seller. You may, however, obtain, at your expense, the products in the state in which they were returned to the Seller. Otherwise, the Seller may retain the products, in addition to the sums already paid for their purchase.
- Refund times and methods
8.1 After the return of the products, the Seller will verify the conformity of the products with the terms and conditions indicated in Section 7.1 and 7.2. If the products are deemed to be in an acceptable condition, the Seller will notify you by e-mail of the acceptance of the products returned.
8.2 Whichever mode of payment you used, the refund procedure is activated by the Seller in the shortest possible time and within thirty (30) days from the date on which the Seller becomes aware of the exercise of your right of withdrawal, and after verifying the products have been returned correctly and in acceptable condition.
8.3 If there is no correspondence between the recipient of the products indicated in the Purchase Order and the person who has paid the sums due for their purchase, the repayment of the sums in case of exercising the right of withdrawal will be made by the Seller, in any case, to the person who made the payment.
- Force majeure
The Seller will be relieved of any contractual obligation to make or deliver and will not be required to pay any compensation in case of force majeure events that prevent the fulfillment of obligations under its own responsibility, such as for example riot, insurrections, social disturbances, telephone or computer failures or serious damage to the security and operation of the internet, strikes and the inability to supply products and materials.
- Governing law and dispute resolution
10.1 The General Conditions of Sale are governed by Swiss law.
- Periodic Update
The General Conditions of Sale are amended from time to time in view of possible regulatory changes. The new General Conditions of Sale will be effective from the date of publication on the site. Therefore, please consult this section periodically to check for any updates.