1. Common provisions
1.1 The General Terms and Conditions of Sale (hereinafter "GTCS") govern the contractual relationship between KITATORI SA and its customers. The legal notice and the data protection declaration are an integral part of the GTCS.
1.2 By placing an order via the Site, the customer acknowledges having read, understood and accepted, without any reservations, the GTCS. In case of disagreement with the GTCS, the customer refrains from placing an order via the Site.
1.3 KITATORI reserves the right to modify the GTCS at any time and without prior notice, by publishing a new version of the GTCS cancelling and replacing the existing version. Any order placed after the publication by KITATORI of a new version of the GTCS shall be deemed to be acceptance of this new version.
1.4 Correspondence should be addressed to KITATORI SA, Route des Mouresses 19 in 1965 Savièse (Tel: +41 (0) 78 300 53 30) or by email to firstname.lastname@example.org
2. Bids, conclusion of contract
2.1 The offers are addressed to customers who have reached the age of majority and are capable of acting, and who are domiciled in Switzerland or the Principality of Liechtenstein.
2.2 The offers are provided on a non-binding basis and therefore do not constitute binding offers.
2.3 The order shall be deemed to be firm upon confirmation of shipment.
2.4 In order to be able to place an order, the customer must log on to the kitatori.ch website with a personal customer account or as a visitor. The Customer is required to provide the following information: user name (email address), first and last names, address of residence declared to the authorities, date of birth, desired language of communication and a valid telephone number. The Customer is solely responsible for the accuracy and completeness of the data he/she provides when registering on the Site. The Customer is solely responsible for his password, which he may change at any time via his customer account.
3. Ordering and delivery
3.1 If it becomes apparent after confirmation of receipt of the order that an item is not available, the order will be cancelled and the customer will be refunded without any further claims being made.
3.2. The delivery time stated in the offer or in the confirmation of receipt of the order is given as an indication only, without any obligation. In the event that KITATORI cannot meet the delivery time, the customer may cancel his order by contacting KITATORI in writing within 5 days of the confirmation of the change in the delivery time.
3.3 Deliveries shall be made exclusively to addresses in Switzerland and the Principality of Liechtenstein, at the expense and risk of the customer as soon as the goods have been handed over by KITATORI to the Swiss Post.
3.4 The customer undertakes to check immediately that the goods delivered are in accordance with the goods ordered, complete and in perfect condition. Damage to the delivered goods must be reported to Swiss Post and KITATORI as soon as possible, but at the latest within eight calendar days after delivery. In case of a complaint, all parts of the original packaging must be kept.
4.1 KITATORI has the right to modify its prices at any time. The price in force is the one published on the date of the order. Only the price indicated in the Order Confirmation is valid. Price changes that occur after the order has been placed shall not be taken into consideration.
4.2.All prices published on kitatori.ch are in Swiss francs and include VAT (value added tax). Additional costs (shipping costs) are not included in the price. They are indicated separately when ordering.
5. Terms of payment and retention of title
5.1. The accepted means of payment are exclusively those indicated on the kitatori.ch website
5.2. For purchases by debit or credit card, the amount is debited on the date of the order. KITATORI has no access to the confidential information relating to the means of payment. Payments are made through servers provided and secured by KITATORI's partner financial institutions
5.3 For purchases by prepayment, the order is only triggered once the corresponding amount is received by KITATORI. The articles cannot be reserved during this period. In case of supply difficulties, it may happen that articles with an "in stock" status are no longer in stock when the order is placed. If the payment has not been received by KITATORI within five days, KITATORI may cancel the order.
5.4. The products delivered by KITATORI remain the property of KITATORI until KITATORI has received the full amount of the purchase price (including supplements).
5.5 Purchase by invoice with partial payment option (POWERPAY)
As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview. When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’s GTC (powerpay.ch/en/agb).
The customer has a limited right of return of 10 calendar days based on the following return conditions:
6.1 Return Time
The return period applies from the date of receipt, date of postmark as proof.
6.2 Right of Return
A. Unrestricted Right of Return
- The product is in its original unopened and undamaged packaging
- The receipt of the product is maximum 10 calendar days old
- The customer has received a return authorization from KITATORI
B. Limited Right of Repossession
- The product is in its original opened or damaged packaging
- The product is unused (new) and shows no signs of use
- The accessories provided are all available
- Product receipt is up to 10 calendar days
- The customer has received a return authorization from KITATORI
- The possible discount is determined after verification by KITATORI
- The trade-in is effective only after verification and validation of the possible discount.
C. No trade-in rights
- Products used
- Original packaging not available
- Item incomplete, accessories missing
- Return time expired
6.3 Return Procedure
- Customer makes a return request from their customer account
- After confirmation and on the basis of the return form transmitted by KITATORI, the return of the goods at the customer's expense and risk takes place exclusively at the following address: KITATORI SA, Route des Mouresses 19, 1965 Savièse. KITATORI recommends sending the goods by registered mail.
In the following cases, the return shipping costs are paid by KITATORI:
- Receipt of a different or non-ordered item (delivery error)
- Receiving a defective item
- Receipt of an incomplete item
Except for intentional acts or gross negligence, damages for impossibility of performance, breach of contract, fault in entering into the contract, or quasi-crime are excluded. Any liability for indirect and consequential damages resulting from use, inadequate performance is excluded.
8. Enforceable and strong law
Swiss law applies exclusively. The exclusive place of jurisdiction is Sion, subject to appeal to the Federal Court.
The customer acknowledges that these conditions have been translated from the French. In case of discrepancy between this translation and the original French text, only the French version is valid.