Terms and conditions

 

Chapitre I : General

Article 1 : CLASAM Sàrl

  1. is a Swiss limited liability company with its registered office at 14, Chemin de Sous-Cherre, 1245 Collonge-Bellerive/GE, Switzerland, and registered with the Commercial Register (registration number: CH-660.2.378.021-2) of the Republic and Canton of Geneva since June 24, 2021.
  2. Its corporate purpose is “the sale of luxury products on the internet (e-commerce). It may also carry out all commercial, financial, movable or immovable operations, as well as any advisory activities, directly or indirectly related to its purpose. It may grant loans or guarantees to partners or third parties.”

Article 2 : Scope

  1. These general terms and conditions apply to the use of the website: https://www.clasam.ch,Owned by CLASAM Sàrl, as well as to any order or purchase made through it.
  1. By accessing the website and using our services, you agree to comply with these general terms and conditions, whether on your own behalf or as a representative of a third party or a legal entity.
  2. We reserve the right to modify these general terms and conditions at any time. Any changes will be communicated.

 

Chapitre II : Website

Article 3 : Intellectual Property

The website, as well as its content, is the exclusive property of CLASAM Sàrl and its licensors. The provision of intellectual property rights and licenses does not result in any transfer to the users of the website or third parties.

Article 4 : Content

We reserve the right to modify or temporarily or permanently suspend all or part of the website, its content, our services, and products, at any time and without giving reasons, without incurring any liability.

Article 5 : Data Protection Declaration (Privacy Policy)

We have developed a data protection declaration (privacy policy), accessible at this link. This is an integral part of these general terms and conditions.

Article 6 : Usage Restrictions

  1. It is strictly prohibited :
    1. To access or use the website for purposes other than those specified in these general terms and conditions;
    2. To copy, reproduce, modify, adapt, alter the website or its content, including these general terms and conditions;
    3. To damage or destroy all or part of the website or its content;
    4. To make all or part of the website or its content, access to which is restricted, available to third parties.
  2. In case of non-compliance with these terms and conditions, we reserve the right to temporarily or permanently deny you access to the website, or to provide you with our services and products. Furthermore, we reserve the right to claim damages from you.

Article 7 : Disclaimer of Warranty

  1. The website, its content, and our services are provided “as is” and on an “as available” basis, excluding any warranties of quality. You access the website and use it at your own risk.
  2. The same applies to any file downloaded or otherwise obtained through our website.
  3. We disclaim any liability in this regard, especially in the event of damage to your computer or telephone systems, as well as in cases of interception, alteration, loss, or destruction of data.
  4. We recommend using up-to-date web browsers and antivirus software.

 

Chapiter III : Orders and Purchases

Article 8 : Principle

The ordering and purchasing of products are subject to these general conditions in their version at the time of product ordering and compliance with the instructions that we may communicate to you through any means as needed.

Article 9 : Products and Prices

  1. The website describes the products as accurately as possible. The images on the website are for indicative purposes only and may differ from the final product. They have no contractual value.
  2. Products are available while stocks last. CLASAM Sàrl may impose quantity restrictions.
  3. Unless otherwise stated, prices displayed on the website are in Swiss Francs (CHF), including VAT. Prices may be displayed in foreign currencies based on the daily conversion rate, but payment will be made in Swiss Francs. The prices indicated on the website at the time of the order apply. We reserve the right to modify product prices at any time.
  4. Product prices do not include delivery charges (which depend on the selected delivery method) or any customs fees, foreign taxes, insurance fees, and other charges, which must be paid additionally. These will be indicated during the payment process.

Article 10 : Payment Methods

  1. Purchases can be made through the usual payment methods indicated on the website (credit card, bank transfer, or TWINT), or through external financing under the conditions outlined in the following paragraph.
  2. For products valued between CHF 1,000 and CHF 10’000, you can request 0% financing from one of our partners. To do this, you must submit an offer to this partner, subject to acceptance, and conclude a contract with them. Financing agreements are exclusively subject to the contractual conditions of our partners. We are not a party to this contract and disclaim any responsibility related to loans or credits requested from partners. Obtaining financing is subject to the conditions set by the chosen partner, including providing the information and documents requested for financing evaluation.
  3. Please read and accept the data protection statement of Heidy Pay before entering your financing request, see here

Article 11 : Orders

  1. To place an order, you must enter the required information on the website. You will have the opportunity to review the entered information before finalizing the order. To complete the order, you must accept these general conditions and validate the order. You will then be redirected to a secure external website to make the payment.
  2. In the case of payment through external financing, you must also select, during the order, the portion of the product price you want to pay directly and the financing requested for the balance of the product price, as well as the number of installments for financing repayment.
  3. If the payment method is accepted, CLASAM Sàrl receives your order and checks the availability of the ordered product. In case of availability, a confirmation email will be sent to you. If the ordered product is not available, or if for any other reason your order cannot be accepted, you will be notified by email and will no longer be bound by your order. A sales contract for the ordered product is only concluded when CLASAM Sàrl has confirmed your order
  4. We may need to reject or cancel all or part of an order after confirmation for a reasonable cause. In this case, you will be informed of the outright cancellation of your order or the delivery of a partial order. If applicable, we will refund already paid orders that we are unable to fulfill.
  5. We also reserve the right to refuse to fulfill an order in the event of a dispute regarding the payment of previous orders or in the case of suspicious orders.

Article 12 : Delivery and Defects

  1. Products subject to a validated order are delivered by an intermediary to the provided address. Products can also be picked up at our premises. If necessary, we will contact you to provide additional information about your order and its delivery. Delivery dates are provided for indicative purposes only. If you order multiple products, we may make partial deliveries.
  2. The risks and costs associated with the transport of products are entirely at your expense. CLASAM Sàrl assumes no risk of delay, loss, theft, or any other damage related to the delivery of your order.
  3. It is your responsibility to carefully check the products upon receipt and note any damage or manufacturing defects. For products picked up at our premises, any defects must be reported immediately on-site. For delivered products, defects must be reported by registered mail no later than 10 days after delivery, specifying the nature of the observed defects, or the products will be considered accepted. Defects that could not be detected upon receipt (hidden defects) must be reported by registered mail within 10 days of their discovery, or they will be definitively considered accepted.

Article 13 : Right of Return

  1. Without prejudice to your possible rights under the warranty (Art. 14), and unless otherwise indicated by us, you have a right to return or exchange products within a period of 10 days from the receipt of the products. However, this right of return is excluded for products:
  2. that have been picked up at our premises;
  3. qthat are not usually available on the platform (special orders) ; or
  4. that are damaged, used, or no longer in their original condition and/or packaging ; or
  5. whose label is no longer attached.
  6. To exercise your right of return, you must return the relevant products using the same intermediary that delivered them within 10 days, accompanied by the corresponding original invoice and a clear and unconditional statement that you are canceling the order and requesting either a refund or an exchange. If the order includes multiple products, you must itemize your statement for each product. The costs and risks associated with the return will be at your expense.
  7. Unless otherwise stated, products that are returned in accordance with paragraphs 1 and 2 will be either exchanged or refunded within 30 days of our receipt of them, using the payment method used when ordering the products. If the product has been subject to external financing, your financing agreement will be canceled with our partner.

Article 14 : Product Warranty

  1. Products sold by CLASAM Sàrl are second-hand and are guaranteed only if the manufacturer’s warranty has not expired at the time of purchase. Article 197 of the Swiss Code of Obligations is expressly excluded to the extent not provided for by this clause.
  2. he warranty is subject to compliance with Art. 12 para. 3 regarding the notification of defects. The warranty start date is the date of product delivery, which must be proven by the invoice for the respective product. Longer mandatory prescription periods provided by law are reserved
  3. Excluded from the warranty in paragraph 1 are damages due to:
    1. improper use or storage of the products;
    2. use contrary to the instructions of CLASAM Sàrl or the manufacturer;
    3. negligence on the part of the buyer;
    4. an accident.

As well as defects:

  1. resulting from the transport of the products;
  2. resulting from normal loss or wear;
  3.  already existing before the purchase and mentioned on the website.
  4. If the warranty conditions are met, we will replace the defective product or, at our discretion, refund the actually paid price for the product.
  5. To the extent permitted by applicable law, the warranty in paragraph 1 is exclusive and replaces any other warranty on the products or rights on your part in this regard.

Article 15 : Certificate of Authenticity

Our products come with a certificate of authenticity. This is either the certificate of origin or, if unavailable, a certificate from the globally recognized ENTRUPY authentication system.

Chapitre IV : Final Provisions

Article 16 : Miscellaneous

  1. If any provision of these general conditions were to be deemed null or unenforceable, the other provisions shall remain fully valid and applicable.
  2. The rights and obligations arising from these general conditions are non-transferable to third parties.
  3. CLASAM Sàrl cannot be held responsible for the non-performance or delay in the performance of its obligations due to force majeure events.

Article 17 : Applicable Law and Jurisdiction

  1. These general conditions, any contractual relationship between CLASAM Sàrl and yourself, as well as any disputes arising from them, are subject exclusively to Swiss law.
  2. The place of jurisdiction is exclusively at the registered office of CLASAM Sàrl.

 

Done in Geneva on October 24, 2023.