Preamble
These general terms and conditions of sale apply to all sales concluded on the ABVL website, Association of Friends of Lake Geneva Steamships.
The website https://www.abvl.ch is a service of:
ABVL, Association of Friends of Lake Geneva Steamships
Address: Avenue de Rhodanie 17, CH-1001 Lausanne
Website URL: https://www.abvl.ch
Email: secretariat@abvl.ch
Telephone number: +41 (0) 21 614 62 88
Company identification number: CHE-114.740.724
The ABVL website sells the following products: stationery, clothing, books and other items related to its purpose.
The customer declares that he has read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.
Maintenance and development
Site maintenance and development are provided by:
CS Digital Sàrl
Chemin de la Crétaux 4
CH-1196 Gland
Switzerland
https://www.csdigital.ch
Article 1 - Principles
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the ABVL website and will prevail, where applicable, over any other version or contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a sales condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in Switzerland.
These general terms and conditions of sale are valid until January 01, 2027.
Article 2 - Content
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the ABVL website.
These conditions only apply to purchases made on the ABVL website and delivered exclusively in Switzerland.
These purchases concern the following products: stationery, clothing, books and other items related to its purpose.
Article 3 - Pre-contractual information
The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the Consumer Code.
The following information is provided to the buyer in a clear and understandable manner:
– the essential characteristics of the property;
– the price of the item and/or the method of calculating the price;
– if applicable, all additional transport, delivery or postage costs and any other applicable charges;
– in the absence of immediate execution of the contract, the date or period within which the seller undertakes to deliver the goods, regardless of their price;
– information relating to the identity of the seller, their postal, telephone and electronic contact details, and their activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and methods of implementing guarantees and other contractual conditions.
Article 4 - The order
The buyer has the possibility to place his order online, from the online catalog and by means of the form which appears there, for any product, within the limit of available stocks.
The buyer will be informed of any unavailability of the product or the goods ordered.
In order for the order to be validated, the buyer must accept, by clicking on the place indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
– after the seller sends the buyer confirmation of acceptance of the order by email;
- and after receipt by the seller of the full price.
All orders imply acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be addressed within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including default of payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any questions regarding order tracking, the buyer can call the following telephone number: (cost of a local call), on the following days and times: Monday to Friday, from 8:00 a.m. to 18:30 p.m., or send an email to the seller at the following email address: secretariat@abvl.ch.
Article 5 - Electronic signature
Providing the buyer's bank card number online and the final validation of the order will constitute proof of the buyer's agreement:
– payment of sums due under the purchase order;
– signature and express acceptance of all transactions carried out.
In the event of fraudulent use of the bank card, the buyer is asked, as soon as this use is noticed, to contact the seller at the following telephone number: +41 (0) 21 614 62 88.
Article 6 - Order confirmation
The seller provides the buyer with an order confirmation by email.
Article 7 - Proof of the transaction
The computerized registers, kept in the computer systems of the seller under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
Article 8 - Product information
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered while stocks last.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
Article 9 - Price
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
Prices are shown in Swiss francs. They do not include delivery charges, which are billed separately and shown before order confirmation. Prices include VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the prices of products in the online store.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be reflected in the sale price of the products.
Article 10 - Method of payment
It is an order with obligation of payment, which means that the placing of the order implies a payment by the buyer.
To pay for his order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. .
Payment of the price is due in full on the day of the order, according to the following terms:
– bank card, TWINT, invoice
Article 11 – Availability of products – Reimbursement – Resolution
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries within Switzerland, the delivery time is 5 days from the day after the buyer places their order, according to the following terms: Swiss Post. The maximum delivery time will be 30 working days after the conclusion of the contract.
In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before breaking the contract, order the seller to perform it within a reasonable additional period.
In the absence of performance at the expiration of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered as terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.
The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Article 12 - Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the good. The products ordered are delivered according to the terms and time specified above.
The products are delivered to the address indicated by the purchaser on the order form, the purchaser must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a calling card in the letterbox, which will allow the parcel to be collected at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm by registered mail these reservations to the carrier no later than two working days following receipt of the item (s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the mentions. legal rights of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made after this deadline cannot be accepted. Product returns can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 13 - Delivery errors
The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and / or non-conformity of the products in kind or in quality compared to the details on the order form. Any complaint formulated after this deadline will be rejected.
The claim may be made, at the buyer's discretion:
– by telephone at the following number: +41 (0) 21 614 62 88;
– by email to the following address: secretariat@abvl.ch.
Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product (s) concerned and will communicate it to the buyer by e-mail. The exchange of a product can only take place after the allocation of the exchange number.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, via registered mail, to the following address:
ABVL, Association of Friends of Lake Geneva Steamships
17 Avenue de Rhodanie
60 PO Box
CH-1001 Lausanne
Return costs are the responsibility of the seller.
Article 14 - Product warranty
14-1 Legal guarantee of conformity
The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code.
In the event of implementation of the legal guarantee of conformity, it is reminded that:
– the buyer has a period of 2 years from the delivery of the goods to take action;
– the buyer may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
– the buyer does not have to provide proof of non-conformity of the goods during the 24 months in the case of new goods (6 months in the case of used goods), following delivery of the goods.
14-2 Legal warranty against hidden defects
In accordance with Articles 1641 et seq. of the French Civil Code, the seller is liable for hidden defects that may affect the sold property. It is the buyer's responsibility to prove that the defects existed at the time of sale and render the property unfit for its intended use. This warranty must be invoked within two years of the discovery of the defect.
The buyer can choose between canceling the sale or reducing the price in accordance with Article 1644 of the Civil Code.
Article 15 - Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any item which does not suit him and request an exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not accepted.
The right of withdrawal can be exercised online using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately sent to the buyer. Any other method of declaring withdrawal is also accepted, provided it is unambiguous and clearly expresses the intention to withdraw.
In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs are reimbursed.
The return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within a period of , and at the latest, within 14 days from the date of receipt by the seller of the products returned by the buyer under the conditions provided above.
Exceptions
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
– the supply of goods whose price depends on fluctuations in the financial market which are beyond the control of the professional and which may occur during the withdrawal period;
– the supply of goods made to the consumer's specifications or clearly personalized;
– the supply of goods liable to deteriorate or expire rapidly;
– the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
– the supply of goods which, after delivery, are, by their nature, inseparably mixed with other articles;
– the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
– maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
– the supply of audio or video recordings or computer software which were unsealed by the consumer after delivery;
– the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.
ARTICLE 16 – FORCE MAJEURE
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the above circumstances must immediately notify the other party of their occurrence, as well as their disappearance.
Force majeure shall be defined as any irresistible event or circumstance beyond the control of the parties, unforeseeable, unavoidable, and independent of their will, which cannot be prevented by them despite all reasonable efforts. Specifically, in addition to those typically recognized by French courts, the following shall be considered force majeure or fortuitous events: blockages of transportation or supply routes, earthquakes, fires, storms, floods, lightning, and the disruption of telecommunications networks or difficulties specific to telecommunications networks external to the client.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 17 - Intellectual property
The content of the website remains the property of the seller, the sole holder of the intellectual property rights over this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.
Article 18 – IT and freedoms
The personal data provided by the purchaser are necessary for the processing of his order and the establishment of invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The buyer has a permanent right to access, modify, rectify, and object to information concerning them. This right can be exercised under the conditions and according to the procedures defined on the ABVL website.
Article 19 - Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
Article 20 - Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Article 21 - Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 - Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
Article 23 - Applicable Law
These general conditions are subject to the application of French law. The competent court is the judicial court.
This is the case for the substantive rules as for the rules of form. In the event of a dispute or claim, the buyer will first contact the seller to obtain an amicable solution.
Article 24 – Protection of personal data
Data collected
The personal data collected on this site are as follows:
– opening an account: When creating a user account, their name; surname; email address; telephone number; postal address;
– connection: When the user connects to the website, the site records, in particular, their name, surname, connection data, usage data, location data and their payment data;
- profile : Using the services provided on the website allows you to complete a profile, which may include an address and a telephone number;
- payment : as part of the payment for products and services offered on the website, the website records financial data relating to the user's bank account or credit card;
- communication : when the website is used to communicate with other members, data concerning the user's communications is temporarily stored;
– cookies: cookies are used as part of the use of the site. The user has the option of deactivating cookies from their browser settings.
Use of personal data
The personal data collected from users is intended to provide the services of the website, to improve them and to maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of data transmitted by the user;
- offering the user the possibility of communicating with other users of the website;
- implementation of user assistance;
- personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
- prevention and detection of fraud, malware (malicious software) and management of security incidents;
- management of any disputes with users;
- sending of commercial and advertising information, according to user preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
– when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
- when the user publishes publicly accessible information in the free comment areas of the website;
– when the user authorizes a third-party website to access their data;
– when the website uses the services of providers to provide user support, advertising and payment services. These providers have limited access to user data, within the framework of the performance of these services, and have a contractual obligation to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may transmit data to respond to complaints made against the website and comply with administrative and legal procedures;
- if the website is involved in a merger, acquisition, transfer of assets or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.
Security and confidentiality
The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of user rights
In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by sending their request to the following address: secretariat@abvl.ch.
– The right of access: they can exercise their right of access to know what personal data concerning them is held. In this case, before implementing this right, the website may request proof of the user's identity to verify its accuracy.
– the right to rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.
– the right to erasure of data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
– the right to restriction of processing: users can request the website to limit the processing of personal data in accordance with the conditions provided for by the GDPR.
– the right to object to data processing: users can object to their data being processed in accordance with the conditions set out in the GDPR.
– the right to data portability: they can request that the website provide them with the personal data they have provided to it in order to transmit it to a new website.
Evolution of this clause
The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.