1. Introduction
The General Terms and Conditions of Sale (GTCS) detailed below apply to all orders for products and services (the Products) placed via this Site by any person (the Customer).
The Customer must read the GCS prior to any order (the Order), which may be modified at any time, the version of the GCS applicable to any sale being that appearing online on the site “bottega.musci.ch” at the time of the Order.
Consequently, placing an Order requires the Customer’s prior and unreserved acceptance of the GCS by clicking on the “I have read and accept the general terms and conditions of sale” button.
2. Website information and accessibility
This website (the “Site”) is an e-commerce site owned by Danilo Musci (the “Seller”), headquartered in Nyon, Switzerland.
The Site is accessible to all users of the Internet network in principle 24/24h, 7/7d, except interruption, programmed or not. The Vendor cannot be held responsible for any damage whatsoever resulting from the unavailability of the Site.
The Vendor does not guarantee that the Site will be free from anomalies, errors or bugs, nor that the Site will function without breakdown or interruption. In this respect, the Seller may freely determine, at its sole discretion, any period of unavailability of the Site or its content.
Nor can the Vendor be held responsible for problems of data transmission, connection or network unavailability. The Seller reserves the right to modify the Site for technical or commercial reasons.
All Site content, including photos, images, text, video and sound, is the property of the Seller. Their use is only authorized with the express agreement of the latter. The trademarks “Danilo Musci · Bottega” and “Bottega Musci” may not be used without the prior written consent of the Seller.
3. Site registration
In order to place an Order, the Customer may first register on the Site by creating an account containing the Customer’s information (the Account).
Customer registration on the Site is validated by the Vendor after verification of the standard form completed by the Customer. The Customer receives a registration confirmation e-mail. When creating an Account, the Customer must ensure that the information provided is accurate and complete. The Customer is responsible for updating his/her personal information. In the event of an error in the details of the recipient of an order, the Vendor cannot be held responsible for the impossibility of delivering the Products.
By registering on the Site, the Customer declares and warrants to the Vendor that he/she has the legal capacity to contract.
The Vendor may cancel the Customer’s Account at any time, for any reason, at its sole discretion. The Vendor cannot be held responsible for any theft of data contained in the Customer’s Account.
4. Products
The Products offered for sale are those described on the Site on the day the Customer consults the Site, while stocks last. This information is updated automatically in real time. However, the Vendor cannot be held responsible for any error in updating, whatever its origin. In this respect, the Vendor cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.
The Vendor takes the utmost care in the presentation and description of its Products in order to provide the Customer with the best possible information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
The Vendor does not guarantee the accuracy or security of information transmitted or obtained via the Site.
It is possible that, following an Order, the Customer may receive a part previously returned by another person. It is specified that the Vendor only accepts the return of Products that are intact and unworn, these two conditions being checked before the returned Products are put back into stock.
5. Orders
The placing of an Order on the Site is subject to compliance with the procedure set up by the Vendor on the Site, comprising successive stages leading to the validation of the Order.
The Customer may select as many Products as he/she wishes, which will be added to the shopping basket. The Shopping Cart contains a summary of the Products selected by the Customer, together with the related prices and charges. The Customer is free to modify the Basket before validating the Order. Validation of the Order confirms the Customer’s acceptance of the GTCS, the Products purchased, their prices and the associated costs.
A confirmation e-mail summarizing the Order will be sent to the Customer by the Vendor. To this end, the Customer formally accepts the use of electronic mail for the Seller’s confirmation of the Order. Invoices are available in the “My account” section of the Site.
The personal data relevant to each Order is collected, processed, used and stored in accordance with the relevant legal provisions on data protection for the purpose of fulfilling the contract.
6. Refusal to process an order
The Seller reserves the right to withdraw at any time any Product displayed on the Site and to replace or modify any content or information contained therein. Despite the Vendor’s best efforts to meet customer expectations, it may be necessary for the Vendor to refuse to process an Order after having sent the Customer the confirmation e-mail summarizing the Order.
The Vendor shall not be liable to the Customer or to any third party for any damage resulting from the removal of a Product from the Site, or from the replacement or modification of any content or information appearing on this Site, or from the refusal to process an Order after the Order confirmation e-mail has been sent.
The Vendor also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over payment of a previous Order.
7. Prices and terms of payment
Product prices are indicated on the Site in Swiss francs, including VAT, but excluding customs duties and other taxes. Customs duties and other taxes must be paid by the Customer directly to the carrier.
The Vendor reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.
Products are payable when the Order is placed. The Customer expressly acknowledges that the communication of his/her credit card number to the Vendor constitutes authorization to debit the amount of the Products ordered. Where applicable, the Vendor will send the Customer notification of the cancellation of an Order due to non-payment, to the e-mail address provided by the Customer when registering on the Site.
The data recorded and kept by the Vendor constitutes proof of the Order and of all sales made. The data recorded by the payment service provider constitutes proof of all financial transactions between the Customer and the Vendor.
8. Shipping and delivery
Deliveries are made by Swiss Post or another carrier, Monday to Friday, depending on the option chosen by the Customer when validating the Order. The delivery charges applicable to the Order are those mentioned on the Site at the time of the Order.
The risk of loss or deterioration of the Product is transferred to the Customer when the Product is handed over to the carrier.
Delivery is made to the delivery address indicated by the Customer. In the event that delivery cannot be made due to an incorrect delivery address or failure by the Customer to collect his/her Order, no reshipment will be made and the Customer will be reimbursed within 30 days of receipt of the Order by the Vendor.
The Vendor normally dispatches Orders within three to five working days, this period being counted from the first working day after the Order has been validated.
In order to meet these delivery times, the Customer must ensure that he/she has provided accurate and complete information concerning the delivery address.
The Vendor cannot be held responsible for carrier delivery delays.