General terms and conditions of sale

Preamble

The "www.kt-care.com" website (the "Site"), as well as all related rights, is the property of KT Home SA, a limited liability company organized under the laws of Switzerland registered in the Commercial Register of the Canton of Berne under number CHE-361.414.390 and whose registered office is located at route de Soleure 1, 2504 Biel/Bienne, Switzerland (the "Seller").


The Seller's contact details are as follows (the "Contact Information"):

KT Home SA
Route de Soleure 1
2504 Biel/Bienne
Switzerland
Telephone: +41 32 358 22 30
Email: hello@kt-care.com

 

1. Object
1.1. These general terms and conditions of sale (these "GTCs") apply to any order (an "Order") placed by a buyer (the "Customer") on the Site for a product sold by the Seller on the Site (a "Product").
1.2. The contract for the sale of the Product is concluded between the Seller and the Customer
1.3. By placing an Order for any Product on the Site, the Customer:
a) confirms that he/she is proficient in the language in which he/she is placing the Order;
b) accepts the application of these GTCs without any modification and in their entirety.
1.4. The Customer acknowledges that these GTCs have been translated into several languages. In the event of any discrepancy between the different versions of these GTCs, only the French version shall prevail.
1.5. The Seller reserves the right to modify these GTCs at any time. The version of the GTCs in effect at the time of the Order shall apply to the Order.
2. Products
2.1. The presentation of the Products on the Site (including with price indication) does not constitute an offer to enter into a contract.
2.2. The Products are presented within the limits of available stocks. Temporarily unavailable products cannot be booked or ordered for subsequent delivery.
2.3. The images of the Products presented on the Site are not contractual. In the event of there being any contradiction between the information relating to the Products presented on the Site and that appearing on the packaging of the Products, the latter is decisive.
2.4. The Seller is entitled to modify the assortment of Products offered on the Site, at its sole discretion and at any time.
3. Orders
3.1. Subject to any limitations that may be indicated on the Site by the Seller at any time and at its sole discretion, the Products presented on the Site may be ordered by any natural or legal person worldwide, provided that such person has the capacity to contract.
3.2. Any Order placed on the Site is considered as an offer to contract on the part of the Customer.
3.3. Upon placing of the Order, the Customer is bound by his/her offer and may no longer cancel or modify his/her Order, subject to the exercise of the Right of Withdrawal (as defined below), should the Customer be entitled to it.
3.4. The contract of sale is concluded at the time of confirmation of the Order by the Seller, which confirmation is sent by email to the Customer after validation of his/her Order. The Seller has the right to refuse any Order in the event of unavailability of the Products ordered or any other unforeseeable event preventing the Order from being fulfilled.
3.5. The Seller undertakes to confirm or refuse the Order by email within twenty-four (24) hours of the Order (this period does not apply on non-business days, which include Saturdays, Sundays and all public holidays at the Seller's headquarters). In the absence of a response from the Seller within this period, the Customer shall be released from his/her offer and the Order shall be deemed to have been rejected.
3.6. Following confirmation of an Order, the Seller may cancel the Order in the event of subsequent unavailability of the Products ordered or any other unforeseeable event preventing the Order from being fulfilled.
3.7. In the event of a complete rejection or subsequent total cancellation of an Order, amounts already paid by the Customer for such Order will be refunded to the Customer.
3.8. In the event of a partial rejection or subsequent partial cancellation of an Order due to the unavailability of part of the Products ordered, the Seller will inform the Customer and the Customer will have the choice between:
a) maintaining the Order for the available Products only (in such case, the Seller will refund the Customer the amounts already paid by the Customer for the Products, the Order of which has been cancelled); or
b) the total cancellation of the Order (in this case, the Seller will refund the Customer all amounts already paid by the Customer for the Order).
  Should the Customer not reply within the time limit set by the Seller, the Order will be cancelled in its entirety.
4. Prices and Delivery Charges
4.1. The selling price of the Products ("Price") is indicated:
a) for deliveries to Switzerland: in CHF;
b) for deliveries to the United Kingdom: in GBP;
c) for deliveries to (other) European Union countries: in EUR;
d) for deliveries to the rest of the world: in USD.
4.2. The Price is due and payable by the Customer at the time of the Order.
4.3. For deliveries to Switzerland, the Price includes Swiss value added tax ("VAT"). For deliveries to other countries, the Price does not include taxes specific to each country (including any VAT). The Customer is responsible for the payment of such taxes. Should the Seller have the obligation to pay such taxes itself, their amount will be added to the Price at the time of the Order.
4.4. Unless otherwise indicated on the Site at the time of the Order, the Price does not include delivery charges, which are invoiced to the Customer at the time of the Order as an additional cost ("Delivery Charges").
4.5. The Price indicated on the Site at the time of the Order is valid, subject to manifest error on the part of the Seller.
4.6. The Seller is entitled to modify the Prices indicated on the Site at its sole discretion and at any time.
4.7. Payment of the Price and Delivery Charges can be made by credit card (Visa and Mastercard), Paypal or Twint.
4.8. By placing an Order with the Seller, the Customer authorizes the Seller to check his/her creditworthiness with third parties.
4.9. The amount of the Price and Delivery Charges are debited at the time of the Order.
4.10. The Seller shall in no event be liable for any costs (in particular bank charges) incurred by the Customer in connection with any payment made by the Customer.
5. Delivery
5.1. Subject to limitations that may be imposed by the Seller at any time at its sole discretion, the Products may be delivered worldwide to the delivery address specified by the Customer at the time of the Order (the "Delivery Address").
5.2. Delivery times may be indicated on the Site but are given only as an indication and do not constitute a commitment on the part of the Seller. The Customer is required to accept delivery of the Products even if delivery occurs after the deadline indicated on the Site (or at the time of the Order or its confirmation).
5.3. Delivery of the Products is made by the Swiss Post and its partners or by any other shipping service offered by the Seller and chosen by the Customer at the time of the Order (the "Carrier").
5.4. If the Products cannot be placed in the Customer's mailbox at the Delivery Address due to their size or the delivery method chosen by the Customer, the Customer is required to take all necessary measures to receive and take possession of the Products at the Delivery Address.
5.5. In the event of the Customer's absence at the time of delivery, the Customer must follow the Carrier's instructions in order to take delivery of the Products without delay. If the Customer does not take delivery of the Products within the maximum timeframe and at the place indicated by the Carrier, the Seller shall be entitled to cancel the Order and recover the Products. In such case, the Seller will refund the amounts paid by the Customer for the Order, less the Delivery Charges and the costs of returning the Products.
5.6. Any risks related to the Products shall pass to the Customer at the time of delivery of the Products to the Customer. If the Customer does not take delivery of the Products in accordance with the terms of Article 5.5, the Customer shall bear such risks from the time the Products are returned until they are received by the Seller.
6. Right of Withdrawal
6.1. The Customer has a right of withdrawal for any Order, without having to indicate any reason (the "Right of Withdrawal"). The Right of Withdrawal does not exist for:
a) Customers who are legal entities or natural persons acting in the context of their professional activity;
b. Products made to Customer's specifications or which have been clearly customized.
6.2. The Right of Withdrawal must be exercised by the Customer at the latest within fourteen (14) days from the time the Customer (or the person designated by him/her) physically takes possession of the Products (the "Withdrawal Period"). In the case of multiple Products ordered by the Customer in a single Order but delivered separately, the period begins on the day on which the Customer or the person designated by him/her physically takes possession of the last Product.
6.3. The Customer must exercise his/her Right of Withdrawal by means of an unambiguous written declaration sent by email to the Seller at the email address indicated in the Contact Information, before the expiry of the Withdrawal Period. This declaration may be made using the form in the Annex to these GTCs.
6.4. In case of exercising the Right of Withdrawal after the Products have been dispatched to the Customer, the Customer must reship all the Products covered by the Order at his/her own expense to the Seller's postal address indicated in the Contact Information, within a period of fourteen (14) days from the date of exercise of the Right of Withdrawal. The Customer bears any risks related to the Products until they are received by the Seller. The Products must be returned in full, in perfect condition and in their original packaging (without ever having been opened), and accompanied by the delivery note, failing which the Customer is not entitled to the Right of Withdrawal and the Seller has the right to return the Products to the Customer and to invoice him/her the Products (including the costs of returning the Products).
6.5. The Seller will refund the Customer the amounts paid by the latter at the time of the Order (with the exception of additional costs arising from the fact that the Customer may have chosen a delivery method other than the least expensive delivery method offered by the Seller at the time of the Order) upon receipt of the Products reshipped by the Customer or proof that the Customer has reshipped the Products.
6.6. In the event of the Right of Withdrawal being exercised before the Products are shipped to the Customer, the Order will be cancelled and the Seller obliged to refund the Customer the amounts paid by the latter at the time of the Order (with the exception of additional costs arising from the fact that the Customer may have chosen a delivery method other than the least expensive delivery method offered by the Seller at the time of the Order). The refund shall be made within fourteen (14) days of receipt of the Customer's notice informing the Seller of the exercise of the Right of Withdrawal.
6.7. The refund will be made using the same method of payment as that used by the Customer at the time of the Order (unless otherwise agreed between the Seller and the Customer). The refund will be made at no cost to the Customer.
7. Warranty
7.1. The legal warranty for defective Products applies to any Order, in accordance with the terms set out below.
7.2. The Customer must check the condition of Products immediately upon receipt thereof. The Seller must be notified immediately in the event of defects being discovered. Failing this notice, Products are considered to have been accepted, save in case of defects that the Customer was unable to discover by means of the usual checks ("Hidden Defects"). Should Hidden Defects be discovered subsequently, the Customer must notify the Seller immediately, failing which the Products will be considered accepted, notwithstanding such defects.
7.3. Without prejudice to the Customer's obligations under Article 7.2, the warranty for defects expires at the end of a period of two (2) years from the date of delivery to the Customer (the "Warranty Period"), even if the Customer only subsequently discovered such defects.
7.4. In the event of a defect in the Products, provided that the Customer has notified the Seller in accordance with Article 7.2 and in any event within the Warranty Period, the Customer shall return the defective Products, with a description of the defect found, at his/her own expense to the Seller's postal address indicated in the Contact Information.
7.5. After receipt and examination of the Products by the Seller, if such examination confirms the existence of the defect, the Seller undertakes to:
a) replace the defective Products with identical or equivalent Products, which the Seller will ship at its expense to the Customer; or (at its sole discretion)
b. refund the Price and Delivery Charges paid for the defective Products to the Customer.
  If the Seller finds that there is no defect, the Seller shall have the right to return the Products to the Customer and to charge the Customer for the cost of returning them.
7.6. No warranty for defects may be invoked if the Products have already been used.
8. DISCLAIMER
8.1. SUBJECT TO WHAT IS EXPRESSLY PROVIDED FOR IN THESE GTCS AND TO ANY APPLICABLE MANDATORY LEGAL PROVISIONS TO THE CONTRARY, THE SELLER EXCLUDES ANY LIABILITY, AND THE CUSTOMER WAIVES THE RIGHT TO ANY LIABILITY ACTION AGAINST THE SELLER, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEPT IN THE EVENT THAT THE CUSTOMER PROVES THAT SUCH LIABILITY WAS CAUSED BY FRAUD OR GROSS NEGLIGENCE ON THE PART OF THE SELLER IN ACCORDANCE WITH ARTICLE 100 PARAGRAPH 1 OF THE SWISS CODE OF OBLIGATIONS. IN ADDITION, ANY LIABILITY ON THE PART OF THE SELLER FOR ITS AUXILIARIES IS EXCLUDED (ARTICLE 101 OF THE SWISS CODE OF OBLIGATIONS).
9. Personal Data
9.1. Personal data is processed by the Seller in accordance with the Privacy Policy available on the Site, which the Customer confirms having read and accepted.
10. Miscellaneous
10.1. Any communication with the Seller must be in one of the languages in which the Site is available.
10.2. Should any provision of these GTCs be found to be invalid, void or unenforceable for any reason, the provision in question will be deemed to be autonomous and will not affect the validity and enforceability of the remaining GTCs.
11. Applicable Law and Place of Jurisdiction
11.1. These GTCs and the contract of sale between the Seller and the Customer (as well as any non-contractual obligations arising therefrom and any other legal relationship with the Seller) shall be governed by and construed in accordance with Swiss law, excluding its conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods.
11.2. Any dispute between the Seller and a Customer (including in connection with any Order) shall be submitted exclusively to the courts of Biel/Bienne, Switzerland (without prejudice to any forms of appellate remedies available against any decision rendered by such courts). Notwithstanding the foregoing, the Seller shall have the right to take legal action against the Customer in any other competent court, in Switzerland or abroad.
Date on which these GTCs were updated: November 12, 2019

Chargement