For the purposes of these terms and conditions, the term :
Buyer: natural person acquiring products through the website
Seller: Le Marchand de Venise, Massimo Caine 16, Rue des Peupliers CH – 1205 Geneva
Website: the seller’s website on which customers can place an order for products.
Product: all the products that the seller can sell on his website.
Order: product order placed by the customer with the seller from his website.
Scope of application
These terms and conditions are applicable to any order for products sold by the seller on its website. The terms and conditions can be consulted on the website and accepted by the customer prior to placing any order.
They are applicable in their entirety for all orders placed on the website of the seller and its customers in Switzerland, regardless of the place of execution and/or delivery.
The seller and the customer agree that these terms and conditions exclusively govern their relationship.
The buyer declares having read the conditions prior to placing an order and acknowledges that the validation of his order implies acceptance of their terms.
Any order on the website implies an obligation to pay and implies acceptance of the prices and descriptions of the products available for sale.
In certain cases, in particular non-payment, incorrect address or other problem on the customer’s account, the seller reserves the right to block the customer’s order until the problem is resolved.
In the event of unavailability of the product ordered, the customer will be informed by e-mail. The cancellation of the order of this product and its possible reimbursement will then be made.
The products governed by these terms and conditions are those that appear on the seller’s website and are indicated as sold and dispatched by the seller. They are offered within the limits of available stocks.
The products are described and presented as accurately as possible. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
The prices of the products indicated on the pages of the website correspond to the taxes included except participation in the costs of logistical preparation and shipping. The seller reserves the right to modify the prices of the products presented on the website. However, the products will be invoiced to the buyer on the basis of the prices in force at the time the order is validated.
The payment of the order is made directly by bank transfer, VISA, MASTERCARD, AMERICAN EXPRESS or PayPal.
The seller reserves the right to suspend all order management and delivery in the event of refusal to authorise payment by credit card by the officially accredited organisations or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a customer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.
Product availability – reimbursement
Except in cases of force majeure or during periods of closure of the online shop which will be clearly announced on the home page of the website, the delivery 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.
After receipt of your payment, the seller undertakes to dispatch your order by post within 5 days.
In the event of failure to comply with the contractual deadlines, the buyer may cancel the contract by registered letter with acknowledgement of receipt. In this case, the seller is obliged to reimburse the customer for the totality of the sums paid at the latest within 30 days following the date on which the contract was terminated.
In the event of unavailability of the product ordered, the customer will be informed as soon as possible and will have the possibility to cancel the order. The customer will then have the choice of requesting either a refund of the sums paid or an exchange of the product.
Terms of delivery
Delivery is only made after confirmation of payment by the seller’s bank.
The products are delivered to the address indicated by the buyer at the time of the order. The customer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the customer’s expense.
The seller undertakes to deliver the products in conformity with your order (quantity, type of product).
The customer must notify the seller of any claim of non-conformity or defect of the products in kind or in quality.
If the product received by the buyer does not conform to the product designated in his order, this product will be replaced or refunded, depending on the buyer’s wishes.
No sales to minors
In Switzerland, the sale of alcoholic beverages to young people under 16 years of age and the sale of spirits to minors under 18 years of age is strictly forbidden by law. By placing an order on marchanddevenise.ch, the customer accepts these provisions and confirms that he/she is authorised to make the purchase. Le Marchand de Venise, Massimo Caine, declines all responsibility in the event of illegal activity.
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration of the parties’ obligations and shall lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: damage to means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunications networks or difficulties specific to telecommunications networks external to the customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the contract will be continued.
All the personal data we have collected about you is treated with the strictest confidentiality. When you make a purchase, you are only asked for information that is essential for processing your order. We do not sell, trade or rent this information to third parties. However, we may exceptionally decide to communicate certain information for the direct and related needs of the execution of the sales contracts that we conclude with you.
The photographs made by the seller and sold on his website are and remain the intellectual property of the seller.
These Terms and Conditions are subject to Swiss law.