Terms & Conditions
1.1. These general terms and conditions apply to all contracts entered into with us at www.clochee.ch. Any contradictory conditions or contractual terms of the customer which deviate from our general terms and conditions shall only apply if we have expressly agreed to these.
1.2. Consumers within the meaning of these general terms and conditions are all natural persons, who conclude a legal transaction with us, which can neither be attributed to their commercial nor their independent professional occupation.
1.3. Entrepreneurs within the meaning of these general terms and conditions are natural or juridical persons or joint partnerships with legal capacity acting in pursuit of their commercial or independent professional occupation at the time of entering into the contract with us.
2.1.1 Personal information we collect.
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”.
2.1.2. How do we use Your personal information?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
2.1.3 Sharing Your personal information
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
2.1.4. Behavioral advertising
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
2.1.5. Do not track
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
2.1.6. Your rights
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
2.1.7. Data retention
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
2.1.9. Contact us
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at welcome (at) clochee.ch or by mail using the details provided below:
2.2. Links to Other Sites
Our website may refer to other websites from time to time but we make no representations as to the accuracy of the material therein, and are not responsible for the content and conduct of these websites.
3.1. Products displayed on the site can be purchased via a secure transaction using Visa, Mastercard or American Express or through an alternate PayPal account. We value each customer’s account privacy and can guarantee that the cardholder information provided is encrypted using secure socket layer technology (SSL). Clochee Switzerland understands the sensitivity of personal information and does not retain customer cardholder information.
Once your order has been accepted it can not be altered or cancelled without our express agreement. If we agree to alter or cancel your order, you must pay any costs, loss or damage incurred by us in relation to the cancellation.
Prices and other product information posted on the website is subject to change from time to time without notice. The prices of goods ordered by you will be the price quoted on the website at the time you place your order. All prices are in Swiss Francs or Euros and are inclusive of any taxes (VAT) and other necessary tariffs (excluding shipping costs). By placing an order, you agree to pay, and authorise us to debit from your account/nominated credit card, an amount equal to any tariffs, taxes, duties or other charges relating to your order.
4. Order shipping
4.1. Confirmation of Order
By placing an order you are offering to purchase goods. Your offer is subject to acceptance by us. No agreement for the sale of the goods is formed until we notify you via email (to the email address specified by you) that your order has been accepted. If an order is not accepted a full refund will occur at our earliest possible convenience. We reserve the right to refuse an offer for any reason.
4.2. Shipping Fees
All orders within Switzerland will be sent by SwissPost (PostPac Service). Depending on requested delivery time the shipping cost equals:
- up to 2kg: 7 CHF (Economy) and 9 CHF (Priority)
- up to 5kg: 9 CHF (Economy) and 11 CHF (Priority)
- up to 10kg: 10 CHF (Economy) and 12 CHF (Priority)
Prices subject to changes applied by SwissPost. For more options please refer to SwissPost home page at www.post.ch.
All orders received will be processed within 1-3 working days.
The Shipping Fees outlined above apply to each order, to each delivery address and are not affected by the number of items ordered. For example, if you place a single order for five items to one delivery address you will be charged a single delivery charge. However if, for example, you have three items going to three different places, three delivery charges apply.
Orders for Switzerland are usually delivered within 2 working days.
While we make every effort to deliver within the above timeframes, these timeframes are estimates only and you acknowledge that late delivery does not constitute a breach of these terms and conditions and does not allow you to cancel your order. If an order does not arrive within the estimated timeframe please contact us and we will lodge enquiries with the carrier.
Delivery tip: It is always best to have your parcel delivered to an address where someone will be available to receive it. If you are having your goods shipped to your work, please remember to include Business Name and Department or Level.
4.4. You will be responsible for any additional costs incurred by us if we determine that your order is not deliverable to your nominated delivery address due to: (a) the address being invalid; (b) a lack of reasonable access to the address; or (c) you do not collect the goods after being notified that they have been kept by our chosen carrier for you. You agree to pay any such costs, and irrevocably authorise us to deduct/charge your nominated credit card for these amounts.
5. Payment, Risk and Reservation of Titles
5.1. We are under no obligation to ship any goods ordered until payment for those goods has been received (and clear funds are confirmed). Accordingly title in the goods remains with us until full payment is received. Risk in the goods passes to you when the goods leave our warehouse. We do not, and are not responsible for insuring the goods. It is your obligation as the buyer, on delivery, to insure the goods with a reputable insurance company.
5.2. In the event of the requested goods being unavailable we may cancel the transaction and effect a full refund.
Products will be delivered to the delivery address you nominate within Switzerland and EU countries when placing your order.
6. Right of withdrawal
6.1. You have the right to withdraw from the contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of purchasing the products.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). The letter/email should include below information:
- Addressee data
- Consumer's statement: "I hereby give notice that I withdraw from my contract of sale of the following goods",
- Ordered on (state the date),
- Name of consumer(s),
- Address and telephone number of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- In case of email please include the order number in email's title
6.2. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
6.3 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
6.4. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods to:
without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
6.5 You will have to bear the direct cost of returning the goods.
6.6. You may return new, unopened and unused items sold and fulfilled by Clochee Switzerland within 14 days of purchase for a full refund. Items should be returned in their original packaging.
“New, unopened and unused” means the item has no scratches, marks, blemishes or damage in anyway and there are no signs of use of the item. It also means the packaging or the clear plastic wrapping has not been torn or removed; and the item has not been altered in any way.
We cannot accept a return of any used or opened items, however nothing in these terms and conditions shall limit any applicable statutory warranty.
6.6. We will issue you a full refund to your nominated credit card for the price of any item that you return in new, unopened and unused condition, provided that your return is received within 14 days of the date of receipt.
If you have any questions about your return please contact us using the Contact Form.
7. Notice of defects, warranty
7.1. If you as the customer is a consumer, then the statutory warranty periods apply.
7.2. If you as the customer are an entrepreneur, you shall be obligated to examine the goods immediately for obvious defects. Notice of defects due to obvious defects must be given to us in writing within one week of delivery of goods to the customer. To secure this time limit it is sufficient to send off the written notice of defects in good time. The assertion of warranty claims is excluded following the expiry of the above deadlines.
8.1. We are liable for breach of duty committed through gross negligence or intent.
8.2. If the customer is a consumer, we shall be liable in the case of slight negligence only for breaches of essential obligations under the contract and up to the amount of the typically foreseeable damages at the time of entering into the contract. We shall not be liable for other damages due to slight negligence that are caused by a defect of the object sold. These limitations do not apply in the event of the loss of life, physical injury and damage to health. Possible liability for negligence precedent to the contract or under product liability law remains unaffected by these limitations of liability.
8.3. If you as the customer are an entrepreneur, our liability is limited, at the time of entering into the contract and in the event of non-intentional acts, to typically foreseeable damages. In the case of slight negligence we shall be liable only for breaches of essential obligations under the contract and up to the amount of the typically foreseeable damages at the time of entering into the contract. We shall not be liable for other damages due to slight negligence that are caused by a defect in the goods. These limitations do not apply in the event of the loss of life, physical injury and damage to health. Possible liability for negligence precedent to the contract or under product liability law remains unaffected by these limitations of liability.
8.4. Regardless of any fault, we shall only be liable in the event of deceitful withholding of a defect or by acceptance of a warranty or guarantee. The manufacturer's guarantee is a guarantee from the manufacturer and does not constitute a guarantee provided by us.
8.5. We are also responsible for any impossibility of delivery that occurs incidentally during default, unless the damage or loss would have occurred even if the delivery had been made on time.
8.6. As far as the liability for compensation against us is excluded or restricted this shall also apply with regard to the personal liability for damages of our salaried staff, employees, associates, representatives and vicarious agents.
9. Place of jurisdiction
9.1. The here noted terms and conditions of the agreement are subject to Swiss Law and the Parties hereby submit to the non-exclusive jurisdiction of the Swiss courts.
10. Final notes
10. For consumers rights in regards to shopping online please refer to "Online Dispute Resolution" website at: ec.europe.eu/consumers/odr