1. Company and Scope of Application
These general terms and conditions of sale, hereinafter referred to as the “GTC”, govern all orders placed on the website operated by:
HORIA S.A
Rue de l’Avenir 23
2852 Courtételle
Switzerland
Hereinafter referred to as “HORIA SA”, “we”, “us” or “our”.
The GTC apply to all sales of products made through the website, hereinafter referred to as the “Site”, by private or professional customers, hereinafter referred to as the “Customer” or “you”.
By validating an order on the Site, for example by ticking a box stating “I accept the general terms and conditions of sale” and clicking on a button such as “Order”, you acknowledge that you have read, understood and accepted these GTC without reservation.
2. Offer and Conclusion of the Contract
2.1 Product Presentation
The information, photos and descriptions displayed on the Site are provided for information purposes only. They do not constitute a legally binding offer, but an invitation to place an order.
2.2 Order Process
The Customer selects the desired products, adds them to the cart and then enters their delivery and billing details. Before final validation, an order summary is presented to the Customer, who may still correct any errors.
2.3 Order Acceptance
By clicking on the order validation button, the Customer makes a firm offer to purchase.
The order is only considered accepted and the contract only concluded when HORIA SA sends an order confirmation or shipping confirmation by e-mail.
HORIA SA reserves the right to refuse an order, particularly in the event of a payment dispute, presumed insolvency, insufficient availability or suspected abuse.
3. Prices and Additional Costs
3.1 Prices
Unless otherwise stated, prices are indicated in Swiss francs (CHF), excluding VAT. The applicable prices are those displayed at the time of the order.
3.2 Delivery Costs
Any delivery and packaging costs are indicated separately during the order process and in the confirmation. Any import costs are the responsibility of the Customer and remain payable by the Customer.
3.3 Price Changes
HORIA SA reserves the right to change its prices at any time. Such changes do not apply to orders already placed and confirmed.
4. Payment Methods and Payment Service Providers
We offer the following payment methods:
- Payment by invoice
- Payment by credit or debit card through a payment service provider, e.g. Stripe
HORIA SA reserves the right to offer only certain payment methods for a given order, for example depending on the delivery country, the amount or the result of a creditworthiness check.
4.1 Payment by Invoice (Swiss Customers)
- Payment by invoice is reserved for customers whose billing and delivery address is located in Switzerland.
- The standard payment period is 30 days from the invoice date, unless otherwise stated on the invoice.
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In the event of late payment, HORIA SA reserves the right to:
- charge reminder fees;
- charge any default interest from the due date;
- transfer the file to a debt collection service, the costs of which may be charged to the Customer.
HORIA SA reserves the right to refuse payment by invoice to certain Customers and to request advance payment.
4.2 Payment by Card (Stripe)
Payments by credit or debit card are processed through a payment service provider, e.g. Stripe. Card data is not stored by HORIA SA, but directly by the payment service provider.
The Customer’s account is generally debited when the order is validated or, at the latest, upon shipment.
4.3 Verification and Security
HORIA SA and/or its payment service providers may carry out checks, such as 3D Secure verification or address verification. In the event of suspected abuse or risk of fraud, HORIA SA may cancel an order or require another payment method.
5. Delivery, Timeframes and Transfer of Risk
5.1 Delivery Area
Deliveries are made in Switzerland and, where applicable, abroad, in the countries offered on the Site. Any delivery restrictions are indicated during the order process.
5.2 Shipping and Delivery Times
The timeframes communicated are indicative and do not constitute a firm guarantee. No compensation may be claimed in the event of shipping or delivery delays, subject to mandatory provisions of applicable law.
5.3 Transfer of Risk
The risk of accidental loss or deterioration of the goods is transferred to the Customer upon handover of the parcel to the carrier or to the Customer, depending on the delivery method chosen and in accordance with applicable law.
6. Receipt of Goods and Complaints
The Customer is required to check the condition of the goods upon receipt:
- Apparent transport damage must be reported immediately to the carrier and to HORIA SA.
- Defects or non-conformities must be reported to HORIA SA within a reasonable period after their discovery, with a precise description of the issue and photos if necessary.
If the Customer does not carry out this check or does not report defects within a reasonable period, the goods are deemed accepted, subject to mandatory warranty rights.
7. Right of Return and Return of Goods
7.1 No Right of Return in the Event of a Simple Change of Mind
Unless expressly provided otherwise on the Site or agreed otherwise in writing by HORIA SA, no right of return is granted for goods that are compliant and free from defects, particularly in the event of a change of mind or an ordering error by the Customer.
The buyer’s mandatory rights in the event of defects in the sold item remain reserved.
7.2 Returns in the Event of Error or Defect
In the event of a defective, damaged or incorrectly delivered product, HORIA SA may, at its sole discretion and to the extent permitted by law:
- replace the product;
- carry out a repair, where appropriate; or
- refund the price paid, possibly in the form of a credit note.
Before any return, the Customer must contact HORIA SA’s customer service to obtain return instructions. Returns that have not been announced in advance may be refused.
7.3 Condition of Returned Goods
Unless otherwise agreed, any returned product must:
- be complete;
- be returned in its original packaging, as far as possible;
- not have been used excessively or damaged by the Customer.
If these conditions are not met, HORIA SA reserves the right to refuse the return or apply a deduction to the amount refunded or credited.
7.4 Return Costs
Unless otherwise agreed with HORIA SA, return costs are generally borne by the Customer.
8. Warranty and Liability
8.1 Warranty
The Customer’s warranty rights are those provided for by applicable law, insofar as they are not validly limited by these GTC.
To the extent permitted by law, HORIA SA may freely choose between:
- repairing the product;
- replacing it with an equivalent product; or
- refunding the purchase price, possibly in the form of a credit note.
8.2 Exclusions
The warranty notably excludes:
- normal wear and tear;
- damage caused by improper use, inappropriate handling, lack of maintenance or intervention by the Customer or an unauthorised third party;
- damage resulting from external circumstances, such as impact, fall or humidity, not attributable to HORIA SA.
8.3 Limitation of Liability
To the extent permitted by law, any liability of HORIA SA for the following is excluded:
- indirect damages;
- damages resulting from a defect;
- loss of profit.
Mandatory liability, for example in the event of gross or intentional fault, or in the event of bodily injury, remains reserved.
9. Data Protection
HORIA SA processes the Customer’s personal data in accordance with applicable data protection legislation and its privacy policy, available on the Site.
The data required for payment processing is transmitted to the relevant payment service providers. These providers process the data in accordance with their own privacy policies.
10. Intellectual Property
All content on the Site, including texts, photos, logos, trademarks and graphics, is protected by copyright and trademark law. Any unauthorised reproduction, distribution or use is prohibited without the prior written consent of HORIA SA or the rights holder.
11. Applicable Law and Place of Jurisdiction
These GTC and all contracts concluded through the Site are governed by Swiss law, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction is the registered office of HORIA SA, Switzerland, subject to mandatory jurisdictions provided for by law.
12. Changes to the GTC
HORIA SA reserves the right to amend these GTC at any time. The version in force is the one published on the Site at the time of the order.
If certain provisions of these GTC should be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall then be replaced by a valid provision that comes as close as possible to the intended economic purpose.
