General Terms and Conditions

 

1. GENERAL
2. OBLIGATIONS
3. CHARACTERISTICS OF AN ARTICLE
4. DELIVERY
5. PRICE
6. IMPORT
7. CONDITIONS OF PAYMENT AND SECURITY
8. DATA PROTECTION
9. ORDER
10. ACCEPTANCE OF THE ORDER
11. INVOICING AND CONFIRMATION
12. RIGHT OF RETURN
13. PROPERTY AND LEGAL FORCE

 

1. GENERAL
The sending of the order by the customer implies his acceptance of these general conditions of sale in their entirety. The contract for the sale of articles by Internet is concluded between, the Bazar d'Ouchy, a physical establishment established in Lausanne-Ouchy since 1902 (hereinafter referred to as "BazarOuchy") - and the customer. The customer declares to have the capacity to contract with BazarOuchy on the basis of the general conditions of sale present on the Internet site of BazarOuchy (hereinafter referred to as “our site”). These general conditions of sale shall prevail over any other condition stated on our site.

2. OBLIGATIONS
The seller is not bound by any obligation before the receipt by the buyer of an electronic message confirming the shipment of the goods from the seller, sent to the e-mail address indicated by the buyer in the order form.
The seller reserves the right to unilaterally and without explanation refuse an order, or to respond only partially if it concerns several units.
Likewise, it reserves the right to unilaterally and without prior notice modify prices and any other conditions of sale.

3. CHARACTERISTICS OF AN ARTICLE
All of our items are quality products. Items are sold with no warranty other than that of the manufacturer. We use the best means to guarantee you fidelity in color reproduction. However, slight differences in color may be noted between the article and the rendering, in particular due to the compression of the images for the internet.

4. DELIVERY
For each order, the packaging and shipping costs are decreasing according to the amount of the order, regardless of the number of items purchased per order. So that the customer can benefit from a fast and efficient management of our mail order service, our articles are generally sent by post within a maximum period of 7 working days (normally between 1 to 5 working days) to the address that you will have indicated to us. If the item could not be sent within this period, the customer will be informed within 24 to 72 hours of ordering. The customer therefore has the option of canceling his order within 48 hours if this new delivery period is considered too long. Without news from the customer within the interval mentioned above, the order will be automatically validated.
For delivery in Switzerland, there is no delivery on Sunday, national and cantonal holidays. We do not accept any responsibility for the processing of the order and the delivery of the items.
All risks pass to the buyer as soon as the goods are delivered to the Swiss post office or to a private carrier in Switzerland.
If the information transmitted is inaccurate, our company can not be held responsible for the inability to deliver and meet the deadlines. In the event of a delivery problem with the post office or a delivery deadline not respected, our company is not responsible.
The total price of the order indicated on the final form includes shipping costs and taxes included. Import, customs and any other administrative taxes levied in the country of delivery are the sole responsibility of the buyer.

IMPORTANT NOTE REGARDING NON-RECOMMENDED SHIPMENTS
Some small items (which can be sent as a letter) are available as “NOT RECOMMENDED” shipping. This is to allow you to benefit from a minimum of shipping costs. However, if you choose this shipping method, we will therefore accept no responsibility for any loss, delay or shipping time. We will not be able to present any proof that the sending has been made: it is a sending on honor. The "RECOMMENDED" shipment for these products is still available and even recommended.

For parcel shipments in Switzerland, you have the choice of speed (Economic or Priority) but also if you want the shipment to be delivered to you personally ("delivered against signature") or classic (the package can be dropped off). in the milk box, or at the foot of letter boxes). If you choose Classic mode, we cannot be held responsible for any loss or theft!

In the event of defective or broken item (s), BazarOuchy reserves the right to refund the item (s) instead of replacing it (s).

5. PRICE
The prices of items billed to the customer are those in effect on the date of the order and appearing on the order confirmation. All our prices are fixed in Swiss francs.

6. IMPORT
The customer is solely responsible for all the steps necessary for the importation of goods into its territory in accordance with the law in force. He certifies being of legal age, having the right and the power to order the goods. He also guarantees that he has obtained prior information and made sure that the order does not violate any provision of the law in force in the country of delivery or of the buyer's domicile and that all the information provided is correct.
The seller excludes all liability arising from non-compliance.

7. CONDITIONS OF PAYMENT AND SECURITY
The prices of the items invoiced to the customer are those in effect on the date of the order. All our prices are set in Swiss francs. BazarOuchy has integrated the PostFinance and PayPal payment system in order to accept the most common credit cards on the market (VISA, MASTERCARD, AMERICAN EXPRESS, and many others. You will find an exhaustive list of accepted cards on the PostFinance website and PayPal). Credit card numbers are not saved. The customer also has the possibility of making a prior payment on our postal account (see link "Banking and VAT information" at the bottom of each page of the website) with the mention "Payment for BazarOuchy order (followed by the order number)" and by notifying us by email as soon as payment has been made. The order is then sent.

8. DATA PROTECTION
The customer gives his consent that the personal data he has provided in the context of the contractual relationship with BazarOuchy be saved by BazarOuchy. Personal data relating to the customer is saved solely for the purpose of facilitating the purchase of new items by the customer and in order to guarantee the smooth running of the commercial transaction (art. 4 para. 3 LPD).

BazarOuchy uses the PostFinance Checkout solution which is PCI DSS certified. PostFinance therefore only works with PCI-certified partners to meet the corresponding requirements, both in Switzerland and abroad. The Payment Card Industry Data Security Standard (PCI DSS) includes the permanent protection of data stored on PostFinance Checkout, which also includes annual audits.

The customer hereby agrees that his data will be stored encrypted by the software provider Wallee SA, Winterthur, in the data cloud of Amazon Web Services EMEA SARL, Luxembourg (subsidiary of Amazon Web Services Inc., USA ) on their servers in Ireland and verified by the Web Application Firewall (WAF) of Cloudflare Inc., USA. In order to check that the data does not contain malware, it must be decrypted by the WAF for a short period of time. This is a mandatory PCI requirement for data protection. Abroad, the data decrypted during the WAF check process is no longer subject to the Swiss Data Protection Act or bank secrecy, but to the European General Data Protection Regulation (GDPR) or other other applicable legal rules.

9. ORDER
The contract comes into force when the customer has placed his order and when it has been validated. From this moment, the cancellation of the order is only possible if BazarOuchy cannot send the goods within 2 to 5 days and the customer refuses the new delivery period proposed by BazarOuchy.

10. ACCEPTANCE OF THE ORDER
The order is accepted as soon as it is received and its validity checked. When sending the order, the buyer automatically acknowledges having read the general conditions of sale and accepts them. In the event of exceptional circumstances, in particular insolvency, erroneous information, BazarOuchy reserves the right to refuse or accept a customer's order.

11. INVOICING AND CONFIRMATION
Each customer will receive an order confirmation by email when sending the goods. If the customer has not placed his order online, only the invoice will serve as order confirmation.

12. RIGHT OF RETURN AND REFUND
The customer has a right of return of 10 days following the arrival of the goods at his home. If the customer is not fully satisfied, he has the option of returning the goods at their own expense in perfect condition in their original packaging, the shipping costs will nevertheless remain the responsibility of the customer as well as any costs of customs clearance and VAT resulting from the return of goods. Shipping costs for orders with free shipping will be deducted from the refund in the event of a return.
We ask you to contact us before making the return or resend the goods.
Excluded from the right of return: personalized or custom-made items (items engraved or with personalized plaque, music boxes with melody other than that indicated "in stock", custom-made belts and dog collars, etc.), spare parts for cuckoo clock, special orders with or without discounts, orders comprising more than 10 identical items, items that can be used as disguises and decorations including traditional shirts, suspenders, armor capets, etc. hats, flags, etc. BazarOuchy reserves the right to refuse reimbursement, or to deduct a percentage of the value of the item in order to cover reconditioning costs as well as administrative costs.

If the customer requests a refund of the order, and it has not yet been credited on our payment platform or it has been paid by bank transfer, the order will be fully refunded. If the refund request was made after the credit had been transferred to our payment platform and our financial body has already collected the tax, the refund will be made with a deduction of up to 10% of the entire payment. order in order to cover credit card fees collected when ordering and collected again when refunded, as well as administrative time and possible repackaging of the item(s).

Moreover, if unfortunately the goods should arrive at the customer's home in poor condition, BazarOuchy will gladly exchange them. It is enough to return the damaged goods with an official report of the post office.

13. PROPERTY AND LEGAL FORCE
The goods remain the property of BazarOuchy until full payment of the goods. These general conditions of sale as well as the contracts concluded in application are governed by Swiss law. The competent jurisdiction in the event of a dispute is that of the canton of Vaud in Switzerland.
For all questions relating to this contract and its implementation, Swiss law is exclusively applicable.
Only the French version of our T & Cs is authentic, the versions in other languages ​​being translations of the French version.