General terms of use

Preamble

Activista S.A., headquartered at Chemin du Croset 7, CH-1024 Ecublens, Switzerland, allows the customer, under certain conditions, to order specific products or services via the Internet, specifically on the website www.berdoz-vision.ch and its extensions, particularly www.berdoz-audition.ch (hereinafter referred to as the “Site”).

These General Terms and Conditions of Sale apply to all orders placed on the Site with Activista S.A.

The customer expressly acknowledges that they have been informed of the existence of these General Terms and Conditions of Sale, have read them, and accept them by placing an order.

Activista S.A. reserves the right to modify these General Terms and Conditions of Sale at any time. The modified General Terms and Conditions of Sale take effect on the date of their online publication. The customer is therefore encouraged to consult them regularly.

Art. 1 Order

1.1 By placing an order on the Site, the customer certifies that they are over 18 years of age.

1.2 By proceeding with the online payment of their order, the customer accepts the order summary presented to them, which includes all the products and services in their cart on the Site and subject to the order, as well as their price, including delivery costs.

1.3 The customer must pay the order price immediately via the secure online payment module. The order will only be finalized once the full payment of the price and delivery costs has been made.

1.4 The customer guarantees that they are fully authorized to use the credit card provided for the payment of their order and that this credit card has sufficient funds to cover all costs resulting from their order.

1.5 An invoice will be included in the package, summarizing the products or services contained therein. The invoice date corresponds to the shipping date of the order.

Art. 2 Prices

All product prices are indicated in Swiss Francs and include any applicable taxes (CHF incl. VAT). In the event of a change in the VAT rate, the price will be automatically adjusted without prior notice on the due date of the new VAT rate. Delivery costs are not included in the price.

Art. 3 Payment

Payment for orders is made by credit card via the secure payment module provided on the Site. Activista S.A. entrusts the security of transactions to Six Payment Services SA, Hardturmstrasse 201, CH-8021 Zurich. The payment module uses 3D Secure technology (Verified By Visa or MasterCard SecureCode) and SSL (Secure Socket Layer) encryption to secure payments made by credit card.

Art. 4 Exceptional or Accidental Unavailability of Product

4.1 In the event of partial unavailability of products after the order has been placed, the customer will be informed by email about the delivery of a partial order, with the remainder of the order remaining firm and final.

4.2 In the event of total unavailability of products after the order has been placed, the customer will be informed by email about the cancellation of the order.

Art. 5 Delivery

5.1 Deliveries are made exclusively within the entire Swiss territory by the postal services of Swiss Post. The package transit times are those of Swiss Post. Any deadlines communicated on the Site are provided for informational purposes only.

5.2 The package is sent as a simple parcel to the delivery address provided by the customer during the order process. The package is considered received by the customer three days after the invoice date.

5.3 In cases involving a return of the package to the sender when the delivery address provided by the customer is invalid or if the Swiss Post’s retention period has expired, the customer will be responsible for the reshipment costs of the package.

5.4 It is the customer’s responsibility to promptly check the package and its contents upon receipt.

5.5 Activista S.A. disclaims any liability for packages not received or damaged.

Art. 6 Product and Service Compliance, Defects

6.1 Activista S.A. disclaims any liability arising from the fact that the digital illustration of products on the Site may not exactly correspond to the actual product. If desired, the customer has the option to examine the products in-store.

6.2 Items are offered for sale subject to availability.

Any claims made after the aforementioned twenty-day period will be considered late, and Activista S.A. will be released from any liability.

Art. 7 Right of Return

7.1 For any order placed on the Site, the customer has a right of return for a period of twenty days from the product’s invoice date.

7.2 To exercise this right, the customer must return the new, unused product, in perfect condition and in its original, intact packaging (including all accessories, user manuals, and documents provided) to one of Activista S.A.’s retail locations within twenty days from the invoice date of the merchandise. At this time, the customer must provide the full reference of the order and the invoice.

Art. 8 Personal Data

8.1 Activista S.A. has a computer system intended to facilitate its sales management (invoicing, refunds). The information requested from the customer will be recorded in a computer file reserved for the use of Activista S.A. only.

8.2 The data collected by Activista S.A. is intended to ensure the proper execution of the order. If the customer does not fill in the required fields when placing the order, Activista S.A. reserves the right not to process it.

8.3 Activista S.A. undertakes not to disclose personal data provided by the customer on the Site to third parties, except those necessary for the proper execution of the contract.

8.4 The customer may at any time request in writing access to the data concerning them from Activista S.A. and, if necessary, request the correction of this data.

For more information, you can consult our privacy policy.

Art. 9 Customer Communication

9.1 Activista S.A. may send the customer information or commercial offers, subject to the customer’s prior consent. The customer may request at any time that Activista S.A. stop sending these communications.

9.2 The customer is informed that, by accepting these General Terms and Conditions of Sale, any abandonment of an order or cart may result in the sending of notification emails.

Art. 10 Right of Refusal

10.1 Failure by the customer to comply with the obligations under these General Terms and Conditions of Sale may result in the suspension of access to their Customer Account on the Site, or even the termination of their customer account, depending on the severity of the actions in question, without prejudice to any claims for damages that Activista S.A. may seek.

10.2 In particular, Activista S.A. reserves the right to refuse any order from a customer with whom there is a dispute regarding the payment of a previous order or who, in Activista S.A.’s view, presents any form of risk, without the customer being able to claim any compensation from Activista S.A.

Art. 11 Severability

If one or more provisions of these General Terms and Conditions of Sale become invalid or legally unenforceable, the remaining contractual conditions will remain valid.

Art. 12 Applicable Law and Jurisdiction

12.1 These General Terms and Conditions of Sale and the sales contract that binds the customer to Activista S.A. are exclusively governed by Swiss law.

12.2 Concerning disputes related to a contract concluded through the Site, particularly regarding the validity, conclusion, interpretation, execution, or non-execution of this contract and these General Terms and Conditions of Sale, the parties elect exclusive jurisdiction in Ecublens.

These General Terms and Conditions of Sale take effect as of December 17, 2019.