Terms and conditions
Terms of Sales
Business:
Jardin Confort SA
Route de Lavaux 425
1095 Lutry
Swiss
Commercial register number: CH-550.0.131.881-3
VAT: CHE-100.142.327
Contact: Tel: 021 791 36 71
Email: support@jardcomfort.ch
Lutry, 01.01.2021
These conditions of sale are concluded on the one hand by the company Jardin Confort SA whose head office is located at Route de Lavaux 425, 1095 Lutry, registered in the Trade Register under number CH-550.0.131.881-3 below referred to as "Jardin-Confort SA" or "We" and managing the site www.jardcomfort.ch and, on the other hand, by any natural or legal person wishing to make a purchase or an order via the website www.jardcomfort.ch hereinafter referred to as "the buyer" or "you".
Article 1: object
These conditions of sale aim to define the contractual relationship between Jardin-Confort SA and the buyer and the conditions applicable to any purchase made through the website. www.jardcomfort.ch , by e-mail, by telephone or at the store in Lutry. The acquisition of a product through this site implies unreserved acceptance by the buyer of these conditions of sale, which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the site www.jardcomfort.ch is not directly related to his professional activity and is limited to strictly personal use and on the other hand to have the full legal capacity, allowing it to engage under these general conditions of sale.
The company Jardin-Confort SA retains the possibility of modifying these conditions of sale at any time, in order to comply with any new regulations or with the aim of improving the use of its site, without notice. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.
Article 2. Products and content
The products offered are those listed on the Jardin-Confort SA website www.jardcomfort.ch, within the limits of available stocks. Jardin-Confort SA reserves the right to modify the range of products at any time. Each product is presented on the website in the form of a description containing its main technical characteristics without prejudice. The photographs are as accurate as possible but do not bind the Seller in any way. They are not contractual. Jardin-Confort SA is not responsible if the information made available on this site is not exact, complete or up to date. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the content of this site is at the buyer's risk. In particular for delivery times, prices or articles stipulated in stock which could be out of stock.
Products are always delivered in accordance with the model, illustration or sketch in the current finish or in the stock finish of the product, subject to slight variations in size, color, structure, weight and finish. . In particular in the case of subsequent/additional orders, deviations are unavoidable without any further written commitment. Subject to incorrect data/reproductions/measurements due to technical defects in our technical infrastructure or our partners. The decorative articles or accessories present on the photos or at the exhibition do not form an integral part of the offer if they are not designated by name. Accessories and decorative items must be purchased separately. Illustrative photos may be non-contractual. Unless otherwise confirmed in writing, the items are exclusively reserved for private and family use. For professional use (restaurants, hotels, hospitals, communities, businesses, etc.) the warranty may be reduced by the manufacturer
Jardin-Confort SA reserves the right to modify the content of this site at any time, but has no obligation to update the information on the site. The buyer accepts that it is his responsibility to monitor the website for changes. Jardin-Confort SA has done its best to display the colors and images of the products as faithfully as possible. Jardin-Confort SA cannot guarantee that the display of any color on the buyer's screen will be accurate or that the name or description of the color corresponds to an expected reference.
Certain content, products and services available on www.jardcomfort.ch may include material from third parties. Links on this site may direct you to third-party websites that are not affiliated with Jardin-Confort SA. We are not responsible for examining or evaluating the content or accuracy and we do not warrant or assume any liability for any third-party materials or websites, or for any other materials, products or services of third.
Article 3. Rates
The prices appearing on the product sheets of the internet catalog are prices in Swiss francs CHF all taxes included (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be passed on to the price of the products. Jardin-Confort SA reserves the right to modify its prices at any time. The prices indicated do not include delivery costs and optional services, invoiced in addition to the price of the products purchased.
Article 4. Order and terms of payment
Before any order, the buyer can create, if he wishes, an account on the site www.jardcomfort.ch. The account creation section is accessible directly from the menu bar. At each visit, the buyer, if he wishes to order or consult his account (order status, profile, etc.), can identify himself using this information or provide it at checkout. Jardin-Confort SA offers the buyer to order and pay for his products in several stages, with several payment options to choose from:
- Payment by bank transfer in advance: the buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references, colors, finishes, etc.), checks the delivery address or provides information a news. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the method of payment of his choice: "Payment by bank transfer in advance". Finally, the last step offers him to check all the information, read and accept these general terms and conditions of sale, then invites him to validate his order by clicking on the "Validate payment" button. This last click forms the final conclusion of the contract. By validating your payment, you definitively confirm your order and accept all of our General Terms and Conditions of Sale. Upon validation, the buyer receives a purchase order confirming the registration of his order. In order to finalize his payment and trigger the processing of his order, the buyer must contact his bank in order to make the transfer corresponding to the amount of his order to the bank account of Jardin-Confort SA, whose details are communicated to the Buyer. Upon receipt of the transfer, the order will be processed and the buyer will be informed by e-mail. Jardin-Confort SA will ship the products at the earliest 2 working days after receipt of the transfer corresponding to the order, subject to provisions and stock.
- Secure payment by Paypal, Twint, Postcard, Postfinance, bank card or credit card: the buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references, colors, finishes, etc.) , check the delivery address or enter a new one. Then, the shipping costs are calculated and submitted to the buyer. Then, the buyer chooses the payment method of his choice. The next step offers him to check all the information, read and accept these general conditions of sale, then invites him to validate his order by clicking on the "Validate payment" button. By validating your payment, you definitively confirm your order and accept all of our General Terms and Conditions of Sale. Depending on the payment method chosen, the buyer can be redirected to a secure interface (PAYPAL, Postfinance, TWINT) in order to securely enter their account references or enter the payment using a QR code (TWINT). If the payment is accepted, the order is recorded and the contract definitively formed. Payment by Paypal, Twint, Postcard, Postfinance, bank card and credit card account is irrevocable.
Confirmation or validation of payment for an order entails acceptance of these conditions of sale, acknowledgment of having perfect knowledge of them and waiver of the right to avail oneself of its own conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an e-mail address and if he has entered it on his order form, the company Jardin-Confort SA will communicate to him by e-mail the confirmation of the registration of his order.
If the buyer wishes to contact Jardin-Confort SA, he can do so either by post to the following address:
Jardin Confort SA
Route de Lavaux 425
1095 Lutry
Swiss
or by e-mail to the following address: support@jardcomfort.ch
or by telephone on: +41 21 791 36 71.
Article 5. Retention of title
Jardin-Confort SA retains full ownership of the products sold until full payment of the total price, including costs and taxes. Jardin Confort SA reserves the right to recover goods that have not been fully paid for.
Article 6. Withdrawal and returns
The buyer has a period of 7 calendar days from the date of receipt of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund in the form of a purchase voucher only, without penalty, with the exception of shipping costs and return costs payable by the customer.
- Clauses:
Duration: Our returns policy lasts 7 calendar days from the date of receipt. If 7 calendar days have elapsed since the date of receipt, unfortunately we can no longer take back one or more items from your order, nor offer you a refund* in the form of a purchase or exchange voucher. If the customer cannot present proof of receipt of the dated order, the date of dispatch of the order from our premises will be taken into consideration for the start of the 7-day period. The date of the physical return of the goods to our premises in Lutry must take place before the end of this period of 7 calendar days.
*Refund in the form of a voucher.
Terms: To be eligible for a return, the item must be unused and brand new. It should show no signs of use. It must also be in the original packaging in perfect condition, unopened, clean and undamaged. The return must have been approved in writing by our customer service. To process your return request, we require a copy of the receipt or proof of purchase. Customer service: support@jardiscomfort.ch
Exclusions: Several types of items cannot be returned or exchanged: Items specially ordered for the customer from our suppliers or manufacturers, Items made with fabric, canvas, textile or leather, items in special sizes or finishes (not in stock), items with ceramic, stone or Dekton tops and items made of wood. Items on sale or with a discount. Assembled or unpacked items cannot be taken back because the packaging has been opened and they are no longer in the original packaging. Even if the assembly or unpacking has been done by us, at your request or not. Additional non-returnable items: plants, flowers, gift cards, vouchers, sale items, display ("exhibit") models, health and personal care items, mattresses, linens and pillows. Shipping costs (delivery costs) are non-refundable. The shipping costs incurred by jardin-Confort and the return costs will be deducted from the purchase voucher.
In certain situations, only partial refunds* can be granted after agreement and decision of Jardin Confort SA: Items with signs of use or which have been fitted. Any item that is not in its original or damaged condition, with missing parts or without the factory packaging. Any item that is returned more than 7 days after delivery.
Only regular priced items can be refunded*, unfortunately sale or discounted items cannot be refunded*.
*Refund in the form of a voucher
- Path to follow:
Please do not return your purchase directly to the manufacturer. Items must be returned to our store in Lutry. To return your product, you must present it to our Jardin-Confort SA store, Route de Lavaux 425, CH-1095 Lutry, or send it to us by parcel. Return costs are the responsibility of the customer. The customer also bears the transport risks for the return. Depending on where you live, the time it takes for the exchanged product to reach you may vary. The date of receipt in non-premises must be within the period of 7 calendar days for the right of return and not the date of dispatch. If you are shipping an item, you should consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned item or that it is in perfect condition.
Once your return has been received and inspected by us, we will then email you to let you know that we have received your returned item. We will also notify you of the approval or rejection of your refund* or exchange. If the return is approved, your refund* will be processed and a credit will be automatically applied in the form of a voucher for the value of the item (excluding shipping and return costs), as soon as possible.
*Refund in the form of a voucher.
Miscellaneous: The clauses governing returns remain to have been read and approved for all orders made by the customer.
Article 7. Delivery, time and delivery costs
The buyer can either withdraw his order free of charge (unassembled items) at the Lutry store, or have it delivered to his home. This service may be chargeable.
Deliveries are made to the address indicated on the order form, which can only be in the geographical area initially agreed. For deliveries by parcel, the buyer is usually delivered to his home by post. In the event of the buyer's absence, he will receive a delivery notice from the postman, which allows him to withdraw the products ordered from the Post Office or at the planned collection point, during the period indicated by the postal services. In the event of non-collection of the order during the period provided for, costs for a 2nd delivery may be invoiced. Deliverable items ordered must be delivered upon request from Jardin-Confort SA within a maximum of 7 days, subject to possible storage costs payable by the customer.
In the case of deliveries in mountainous regions, the delivery is made to the nearest valley station. Additional technical equipment (furniture lift, crane, ski lift, helicopter, etc.) is the responsibility of the recipient of the goods. Deliveries not available for areas that are car-free or accessible only by cable car or boat.
In the event of an order for several articles, the delivery time of the order may be adapted to the period of the article having the longest delivery time.
The risks associated with transport are the responsibility of the purchaser from the moment the items leave the premises of Jardin-Confort SA. The buyer is required to check in the presence of the postman, carrier or delivery person, the condition of the packaging of the goods and its contents on delivery. In the event of damage during transport, any protest must be made to the carrier within 24 hours of delivery.
The delivery may consist of several partial deliveries. If Jardin-Confort SA wishes to make partial deliveries, Jardin-Confort SA bears the additional costs incurred. The buyer is not entitled to refuse partial deliveries.
The right to damages due to delay in delivery is excluded in any case. The delivery times provided for information purposes are expressed in number of working days. The delivery times given reflect the usual time in a normal situation but are indicative and are not binding for Jardin-Confort Sa. These, if exceeded, cannot justify a request for a discount, cancellation or refund.
Depending on the size and weight of the order, you may be asked to contribute to the delivery costs. Depending on the delivery area, additional optional paid services may be offered to you (delivery to the floor, assembly, unpacking, etc.).
Jardin-Confort SA reserves the right to cancel or adapt at any time the delivery and service costs, the delivery method, the assembly services, the service and the delivery method chosen and paid for by the buyer. .
- Shipping cost:
ORDER UP TO 30KG:
Home delivery of parcels by post: Only for orders that can be sent by parcel post. Without unpacking and without assembly.
Maximum order weight: 30kg. Maximum dimensions of the package grouping all the items of the order: length: 250cm; circumference: 400cm (2 × height + 2 × width + 1 × longest side).
Free shipping from CHF 100.- of purchase
Lower amounts:
Up to 2kg: CHF 7.-
Up to 10kg: CHF 9.-
Up to 30kg: CHF 19.-
ORDER FROM 30 KG:
Home delivery of parcels by carrier Planzer, Poste Cargo or couriers from Jardin-Confort SA.
-Free shipping from 2000.- of purchase
-Lower amounts: CHF 59.-
Without unpacking and without assembly. Delivery in parcels or on pallet free curbside or downstream station. The goods are unloaded at the edge of the road, they are not taken to their final installation location.
The packaging must be disposed of by the buyer via the nearest household waste collection centre. If the order is delivered on a transport pallet, the carrier can in certain cases take back the pallet directly. Otherwise the buyer should contact a local waste and recycling center near him or bring it back to our store.
The buyer is responsible for the good accessibility of his home by vehicles and delivery trucks. He must verify and invalidate without delay if any difficulty may arise. The driver having the responsibility of the delivery and the access, the final decision concerning the possibility of delivery belongs exclusively to him.
A delivery is not possible in the following situations (non-exhaustive list):
-If the conditions mentioned for access and exit, as well as stopping and unloading of the truck are not met.
-In narrow residential areas, where many cars are parked, with sharp turns and winding streets.
-Place where the delivery address is more than 75m from the place where the truck parks and unloads.
-If the access is not at least 50 cm wider than the length of the goods.
-Unloading without risks is not possible for the driver because it is a main road with heavy traffic or with many bends.
-If the place of delivery is in a place without an access road or in a place that is difficult to access (eg a mountainous region).
DELIVERIES WITH SERVICES:
Not available in all regions. Jardin-Confort SA reserves the right to cancel or adapt the method of delivery, the service and the method of delivery chosen by the buyer. Additional costs for places closed to traffic, unsuccessful deliveries, difficult access and special delivery requirements (lifts, no lift, lift too small, for example). The buyer must check the dimensions of the items ordered and measure the accesses, doors as well as the stairs and/or the elevator of the delivery address. It is his responsibility to ensure beforehand that the delivery goes smoothly, without the use of a furniture lift or lift or delivery with more than 2 people. If the place of delivery upstairs does not have a lift or if the size of the packaging of the items ordered cannot fit into the lift, Jardin-Confort SA may reassess the delivery costs or change the delivery method. It is the customer's responsibility to inquire and verify package and lift measurements beforehand.
-"SILVER" package Delivery to floor with unpacking of items: Delivery to final place of use, including upstairs. Unpacking of items. Return and recycling of packaging. Without assembly. CHF 79.-
-"GOLD" Package Upstairs delivery and assembly of furniture*: Delivery, assembly of furniture and installation at home, including upstairs. Return and recycling of packaging. CHF 119.-
* The following items are excluded from the Gold Package and cannot be mounted: Swings, chests, cabinets, pavilions, shelters, gazebos, blinds, grills and barbecues.
The following services are excluded and cannot be carried out: fixing items to the floor or wall, electrical connections and fittings, concreting, preparation of the ground, walls or surfaces, drilling, water connections and fittings and gas.
Article 8. Warranties
All products supplied by Jardin-Confort SA benefit from the legal guarantee provided for by the Swiss Code of Obligations. In the event of non-compliance of a product sold, it must be returned by the buyer to the company Jardin-Confort SA in Lutry who will take it back, exchange it or refund it with prior agreement. All complaints, requests for exchange or refund must be made by post to the following address: Jardin-Confort SA, Route de Lavaux 425, CH-1095 Lutry. The manufacturer's warranty clauses apply. Provided and available for consultation on request.
As soon as it is received, delivered or taken to the store, the buyer checks that the goods have no defects and more particularly, that no glass or ceramic breakage is to be deplored and that no surface has defects. The customer must also check at the time of receipt that no item ordered is missing. No subsequent complaints will be accepted. Defects must be reported in writing on delivery in the presence of the deliverers or Jardin-Confort SA staff. Manufacturing defects noticed later, that is to say during the duration of the legal guarantee, must be reported immediately. The clause "Subject to unpacking" or other equivalent has no legal value: the items must immediately be checked in the presence of delivery people to be able to note defects (aesthetic defects, scratches, damage or other anomalies).
As a general rule, in the absence of a contrary mention, Jardin-Confort offers the guarantee covering the defects of manufacturing defects according to the conditions fixed by law from the date of delivery of the goods to the buyer (first date if multiple deliveries). The replaced parts are guaranteed for the duration of the initial guarantee remaining to run on the day of the replacement.
Are excluded from the warranty: All damage resulting from wear, aging and improper use, bulbs and LEDs, damage caused by the wind, discoloration caused by the sun or by washing fabrics ( parasols, covers, cushions, fabrics, textilenes, etc…), the degradation of surfaces caused by the sun and washing (paint, trays, frames, etc…), the deformation of textiles due to washing or water, the scratches caused by use. Complaints concerning natural materials such as wood or stone, for example, cannot be taken into consideration for aesthetic reasons. These materials have natural defects and natural color variations accepted by the customer. Wood changes appearance after exposure to sun and rain. Micro cracks may form on the surface, which does not change the quality of the product and is not a defect. Mildew on wood or fabrics is not covered by warranty. Protective covers and outdoor fabrics are not 100% waterproof. This reason for non-sealing cannot be a reason for complaint. Stains or soiling occurring after delivery are not the responsibility of Jardin-Confort SA. The customer agrees to find out about the precautions for use, maintenance and washing before using the article. The transformation or modification of the goods by the customer despite the presence of an apparent defect entails the cancellation of the guarantee. Jardin-Confort SA or the third party partner appointed by it can provide the guarantee in the form of free repair or by replacing the defective goods with goods of the same value. All other claims are excluded. With regard to products on sale, Jardin-Confort SA may reserve the right to refund the purchase price instead of free repair or replacement of the goods with a product of the same value. Balances are in principle neither taken back nor exchanged. The warranty is to be asserted at our store in Lutry. The article considered defective is to be brought back by the care of the customer in our premises in Lutry, only after our agreement, even if the article was delivered by the care of Jardin-Confort at the address of the customer. The transport as well as the transport costs are the responsibility of the customer. Are excluded from the guarantee: exhibition furniture called "exhibition". The exhibition furniture has been seen and is sold in second-hand condition with a discount: defects cannot be grounds for complaint
Article 9. Liability
Jardin-Confort SA, in the distance selling process, is only bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
Article 10. Intellectual property
All the elements of the site www.jardcomfort.ch are and remain the intellectual and exclusive property of the company Jardin-Confort SA. No one is authorized to copy, reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photos, logos, visuals or text and prices.
Article 11. Personal data
The company Jardin-Confort SA undertakes to preserve the confidentiality of the information provided by the buyer, which he would have to transmit for the use of certain services. Any information concerning him is subject to the provisions of the law. As such, the user has a right to access, modify and delete information concerning him. He can make the request at any time by mail to the following address: Jardin-Confort SA, Route de Lavaux 425, CH-1095 Lutry. Your submission of personal information on the Store is governed by our Privacy Policy. Please see our privacy policy.
Article 12. User Comments, Comments, Reviews and Other Submissions
If, at our request or without our request, you send any creative ideas, suggestions, proposals, photos, plans or other materials, whether online, by email, by post or otherwise (collectively, "Feedback"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and use in any medium the comments that you transmit to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for the comments; or (3) to respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, libelous, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of use.
You agree that your comments will not violate any third-party right, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
Article 13. Errors, inaccuracies and omissions
Occasionally there may be information on our site or in our materials that contains typographical errors, inaccuracies, errors or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, to modify or update information or to cancel orders if information from the site www.jardcomfort.ch are inaccurate at any time without notice (including after your order has been dispatched).
Article 14. Settlement of disputes
These distance selling conditions are subject to Swiss law. The legal provisions of the Code of Obligations apply for all other points. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, a such determination shall not affect the validity and enforceability of the other remaining provisions.
For all disputes or disputes, the legal forum is in Lausanne.