Terms of service
General terms and conditions of sale for orders placed on the VIVI FRIULANE website
Article 1 - Scope of the general sales conditions :
All orders placed with GINIA Sàrl on the VIVI FRIULANE website are subject to the present terms and conditions of sale. Any contrary condition stipulated by the customer will be, in the absence of written acceptance, inopposable to GINIA Sàrl. GINIA Sàrl reserves the right to adapt or modify these terms and conditions at any time.
Article 2 - Acceptance of conditions
The customer acknowledges having read, at the time of placing the Order, these terms and conditions of sale and expressly declares accepting them without reservation.
The present general sales conditions govern the contractual relationship between GINIA Sàrl and its customer, both parties accepting them unreservedly.
Article 3 - Offer valid while stocks last:
Our product offers and prices are valid while stocks last. All our products are guaranteed new. Our offers are subject to availability from our suppliers. As this information comes directly from our suppliers, errors or exceptional modifications are beyond our control and cannot engage our responsibility. Nevertheless, if, despite our vigilance, products prove to be temporarily or permanently unavailable, we will inform you by e-mail or post as soon as possible. If a product is permanently out of stock after you have placed your order, we will offer you either a refund or an exchange of the out-of-stock product for a similar product in terms of price and characteristics.
Article 4 - Prices :
The price indicated on the product sheets does not include shipping costs, taxes and VAT. The price indicated in the order confirmation is the definitive price expressed inclusive of all taxes and including VAT. This price includes the price of the products, the costs of handling, packaging, conservation of the products and transport costs. GINIA Sàrl reserves the right to modify its prices at any time, but undertakes to apply the prices in force which will have been indicated to you at the time of your order, subject to availability at this date.
Article 5 - Method of payment :
You can pay :
- 1/ by credit card. In this case, your order will be recorded and validated as soon as the payment has been accepted by the financial institution.
- 2/ By money order when you collect your items. No article will be sent without cash payment on the spot.
GINIA Sàrl reserves the right to refuse delivery or to honour an order from a consumer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress. Clause of property reserve: products remain the property GINIA Sàrl until the complete collection of the price by GINIA Sàrl.
Article 6 - Applicable law :
These terms and conditions are governed by Swiss law. The Vienna Convention (CISG) and any other inter-state agreements do not apply. The exclusive place of jurisdiction for all disputes between GINIA Sàrl and the customer is the registered office of GINIA Sàrl. However, GINIA Sàrl is entitled to take legal action against the customer at his place of residence.
Article 7 - Delivery terms :
The products are delivered to the address indicated by the consumer within the time indicated in the announcement of the product, generally under 5 to 6 days according to the conditions in connection with the products, see details article 3. It is the responsibility of the customer to verify the completeness and accuracy of the information provided to GINIA Sàrl. GINIA Sàrl cannot be held responsible for any data entry errors and the consequences in terms of delay or error in delivery. In this context, all costs incurred for the reshipment of the order will be entirely borne by the customer. GINIA Sàrl cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (for example due to a pandemic, a total or partial strike, including postal services and means of transport and / or communications). The consumer is required to check the condition of the packaging of the goods upon delivery and report any damage due to the carrier on the delivery slip, and to GINIA Sàrl within three working days.
Article 8 - Delivery problems caused by the carrier:
In the case of a shipment made by the delivery company or the post office, if the package arrives open or damaged, it is essential that the customer has it noted by the letter carrier or the post office on which it depends so that GINIA Sàrl can open an investigation and a compensation procedure. The consumer must also confirm this anomaly by sending the carrier within three working days from the date of delivery a registered letter with acknowledgment of receipt stating such claims. The consumer must simultaneously send a copy of this letter by e-mail to info@vivifriulane.com. All claims received after this deadline will be rejected.
Article 9 - Right of withdrawal:
Consumers have a 10-day cooling-off period to return, at their own expense, any new products that do not suit them, provided they have not been worn or used. This period runs from the day of delivery of the consumer's order. New products must be returned by post. In all cases, the return is at the consumer's risk. GINIA Sàrl recommends that the consumer return the products by parcel with a recommendation or additional insurance guaranteeing compensation for the products up to their real market value in the event of spoliation or loss of these goods. This right of withdrawal is exercised without penalty, with the exception of the cost of return, which remains the responsibility of the consumer. In the event of exercising the right of withdrawal, the consumer has the choice of requesting either a refund of the products, or an exchange for an equivalent amount or, where applicable, with a bank top-up, with return and reshipment costs to be borne by the consumer.
Article 10 - Warranties :
The legal warranty for defective products applies. GINIA Sàrl expressly reserves the right, in the event of reported and observed defects in the purchased item, to deliver to the purchaser a replacement product free of defects.