Terms & Conditions

1. Definitions

In the GTC, the following terms and expressions will have the meaning defined below.
Purchaser: Anyone acquiring merchandise via the Site.
CO: The Swiss Code of Obligations of March 30, 1911, in its content on the date of the latest version of the GTC.
CGV: The present general conditions of sale.
Days: The days of the week (including weekend days and holidays).
Site: The website: www.blossomswiss.ch
Emmac: Emmac Suisse Sàrl, a Limited Liability Company under Swiss law, with registered office at CH-1009 Pully, Pré de la Tour 7.

2. Scope

2.1 The Terms and Conditions govern the contractual relationship – and form an integral part of the contract concluded – between Emmac, on the one hand, and the Purchaser, on the other hand.
2.2 By placing an order via the Site, the Purchaser declares that he is neither prohibited nor under guardianship and acknowledges having read, understood and accepted, without any reserve, the GSC.
In case of disagreement with the GTC, the Purchaser abstains from placing an order via the Site.
2.3 Emmac reserves the right to modify the GTS, at any time and without notice, by publishing a new version of the GTCS on the Site (which cancels and replaces the existing version). Any order placed after the publication by Emmac of a new version of the GTC is worth acceptance of this new version.

3. Registration

3.1 The Purchaser must register to place an order on the Site.
3.2 The Purchaser is solely responsible for the accuracy and completeness of the data it provides when registering on the Site.
3.3 If necessary, the Purchaser shall inform Emmac of any changes to the data provided by updating the profile as soon as possible.
3.4 When registering, the Purchaser must choose a password allowing him to use the Site. This password is strictly confidential. It must not be disclosed to third parties.
3.5 The Purchaser is solely responsible for the use, storage and security of his password. He answers for any order placed, even without his knowledge, by means of his password.
3.6 If the Purchaser knows or suspects that a third party has access to his password, he must immediately notify Emmac.

4. Orders

4.1 The merchandise catalog that constitutes the Site is only a call for tenders. By placing an order on the Site, the Purchaser binds himself and declares against Emmac an offer to buy the selected merchandise. The sale is accepted – and therefore the contract is concluded – only from the moment Emmac sends an order confirmation to the Buyer by e-mail (to the address indicated to him).
4.2 Emmac reserves the right, in its free and complete discretion, to refuse an order, particularly in the event of insufficient stocks, unpaid invoices or insolvency. Emmac is not required to indicate the reasons for its refusal.
4.3 The validity of orders placed by the Purchaser may be subject to maximum or even minimum amounts.
4.4 The data recorded by Emmac constitutes irrefutable proof of the order. The data recorded by the payment system is irrefutable proof of financial transactions.
4.5 It is the Purchaser’s responsibility to check with the competent authorities about any restrictions on the use of the products he wishes to order.

5. Price

5.1 The prices indicated on the Site are in Swiss francs (CHF), including VAT. They do not include any additional fees that may be required by applicable legislation (eg VAT abroad).
5.2 The delivery costs are invoiced according to the indications mentioned on the Site on the day of the order.
5.3 The price indicated on the order confirmation is the only proof.
5.4 The methods of payment accepted by Emmac are exclusively those indicated on the Site.

6. Delivery & transfer of risk

6.1 Any order confirmed by Emmac will be delivered to the address indicated on the order.
6.2 Emmac delivers its products in Switzerland and abroad, only if the products are in legal conformity with the country of origin.
6.3 Emmac shall use its best efforts to ensure delivery within three (3) Business Days following receipt by the Buyer of the order confirmation for Switzerland.
6.4 The place of performance of the contract between Emmac and the Purchaser is located at the headquarters of Emmac. Delivery is at the expense and risk of the Purchaser, through a transport company such as Swiss Post.
6.5 In the event of damage resulting from transport, the Purchaser must immediately issue, with acknowledgment of receipt, the appropriate reservations or make a reasoned protest to the carrier. For the rest, the general conditions of the carrier to whom Emmac entrusted the goods apply between the latter and the Purchaser.
6.6 The products are delivered to the delivery address indicated by the Customer in the Order. The risks associated with sending the goods to the Customer (risk of loss, destruction, wrong delivery address, etc.) are borne by the Customer upon delivery by Emmac of the goods to the carrier designated by Emmac. In case of error in the address of the recipient, Emmac can not be held responsible for the impossibility in which it could be deliver the product
6.7 The costs of returning an unclaimed package and possible return are on client fee. Before any reshipment, Emmac may ask the Customer to pay the relevant fees in advance.
6.8 In the case of an unclaimed parcel, Emmac can not be held responsible, including in case La Poste does not file a notice of passage. Return costs and risks inherent to this transport are the responsibility of the Customer.
6.9 In case of return of the parcel in the premises of Emmac following an impossibility of delivery of the latter (delay postal exceeded, address recipient erroneous, etc.), the Customer is notified by an email sent to the email address indicated in the order. Without any news from the Customer within 5 days of sending the email, Emmac reserves the right to cancel the order. In such a case, Emmac is released from its obligation to deliver the goods and the advance paid by the Customer to Emmac at the time of his order will be retained by Emmac as conventional damages, for the balance of all account and any claim for the Order in question.

7. Shipment error

7.1 The Purchaser is obliged to immediately check, as soon as it is received, the delivered goods.
7.2 If the goods delivered do not correspond, in kind or in number, to the goods ordered, this may be a shipping error. The Purchaser then has a period of three (3) Business Days to report the error to Emmac.
7.3 In case of shipping error attributable to Emmac, Emmac will propose a compensation solution on a case-by-case basis.

8. Defect and guarantee (limited)

8.1 The Purchaser must check the condition of the goods upon delivery. If it finds a defect, the Purchaser must notify Emmac, by mail or e-mail, with a photo noting the defect, within three (3) working days from the date of delivery. After this period, the goods are considered accepted and the Purchaser can no longer assert the guarantee.
8.2 The warranty offered by Emmac consists solely in the exchange of the product on the next order. No refund is possible. Shipping costs are the responsibility of Emmac.

9. Payment

9.1 Payments by card are due immediately
9.2 In case of prepayment by bank transfer, payment must be made within 7 days of the order, the latter will be shipped after receipt of the full amount due. In the absence of payment on time, the order will be cancelled.
7.3 The payment slips are only for distributors and resellers.

10. Exclusion of liability

10.1 Photos and texts illustrating and describing the products on the Site are non-contractual and are provided for informational purposes only. Emmac assumes no responsibility for errors and / or omissions related to the photos and / or texts on the Site.
10.2 Subject to Article 8 of the GTC and Article 100 paragraph 1 CO (fraud or gross negligence), Emmac shall under no circumstances be held liable for any damage of any kind whatsoever. link with the sale of products offered on the Site or in connection with their use.

11. Partial Nullity

Any provision of the GTCS that is, in whole or in part, in contradiction with Swiss imperative law will be severable and any nullity, total or partial, of such a clause will not affect the validity of the rest of the clause. in question, or other clauses of the GTC. If any provision of the GTCS has no effect in whole or in part, it shall be replaced by a provision producing economic and legal effects as close as possible to those of the invalidated provision.

12. Applicable law and fore

12.1 The GTC are subject to Swiss substantive law.
12.2 The exclusive jurisdiction is in Lausanne, subject to appeal to the Federal Court.

GTC updated on 20.01.2019