General Terms and Conditions of Sale of Le Colibry LLC for the use of the website www.lecolibry.com
The purpose of these general terms and conditions of sale is to govern the relationship between:
– Le Colibry LLC – Rue des Vollandes 3 – 1207 Geneva, registered in the Geneva Trade Register under number CHE-250.446.732 and publisher of the website www.lecolibry.com
– and any natural or legal person wishing to make a purchase via the website of Le Colibry LLC hereinafter referred to as the Customer.
1 – Purpose
These general terms and conditions of sale are intended to define the contractual relationship between Le Colibry LLC and the Customer and the conditions applicable to any purchase made through the Le Colibry LLC e-commerce site, whether the Customer is a professional or a consumer. The purchase of a product through this site implies an unreserved acceptance by the Customer of these general terms and conditions of sale.
These general terms and conditions of sale shall prevail over any other general or special terms and conditions not expressly approved by Le Colibry LLC. Le Colibry LLC reserves the right to modify its terms and conditions of sale at any time. If this is the case, the conditions in force on the date of the Customer’s order will apply. It is the Customer’s responsibility to regularly inform him- or herself of the content and possible modifications of these general conditions by consulting the following url: www.lecolibry.com
2 – Characteristics of the products offered
The products sold are those listed in the catalogue published on the website of Le Colibry LLC. These products are available for sale within the limits of available inventories. The product descriptions and photographs have been established in agreement with the supplier and are given only as an indication. The photographs in the catalogue are as accurate as possible but cannot ensure perfect similarity with the product offered, particularly with regard to colors, and cannot have any contractual value.
3 – Prices
The prices in the catalogue include VAT in Swiss francs using the VAT applicable on the day the product was ordered; any change in the rate may be reflected in the price of the products. Le Colibry LLC reserves the right to change its prices at any time and without notice. It is understood, however, that the price in the catalogue on the day of the order will be the only one applicable to the Customer. Le Colibry LLC reserves the right not to deliver products for which the price shown on the website is incorrect; however, it shall inform its customers of any price difference and offer alternative products where possible. Le Colibry LLC may offer rebates or promotions on its catalogue. These offers are only valid during the period that they are published on the site and cannot be requested retroactively.
Purchase vouchers or discounts distributed on or via partner sites are only valid under the conditions set out in the offer. These vouchers or discounts may only be used when ordering and must be entered in the field provided for this purpose. Under no circumstances may a voucher or discount be applied retroactively.
The Customer may have the order delivered to his or her home: in this case shipping costs will be added to the prices of the products and will be displayed in the “shopping cart” section. Shipping costs are calculated according to the weight and volume of the order as well as the delivery address.
4 – Orders and closing of the sale
The Customer who wishes to purchase a product on the website of Le Colibry LLC is obliged to go through the various stages of the purchasing process (summary of products placed in the basket, customer identification, choice of address and delivery method, and choice of means of payment under the conditions provided). The order confirmation constitutes the Customer’s acceptance and complete understanding of these terms and conditions of sale and waives the right to invoke any other terms and conditions of purchase or other conditions. All the data provided and the registered confirmation shall serve as proof of the transaction. The confirmation shall also serve as signature and acceptance of the sale. Le Colibry LLC will communicate by email the details of the confirmed order.
The price of purchases made on the website www.lecolibry.com is due at the time of ordering, without discount. Payment shall be made by credit card through the secure payment platform STRIPE.
Le Colibry LLC does not have access to confidential information regarding the means of payment. The information is encrypted and securely transmitted to STRIPE; Le Colibry LLC or third parties are not able to access it.
5 – Delivery
Available items are sent by post within approximately 3 to 5 working days. A contribution from you is requested only once per order.
NOTE: Le Colibry and its suppliers do not deliver its parcels to post office boxes. Neither do they deliver any goods to minors or persons under guardianship, unless authorized in writing by a parent or guardian. Deliveries are made to the delivery address specified by the customer during the ordering process.
Le Colibry LLC delivers to the following countries:
– Switzerland and European countries
– Contact us if you have a delivery request for any other destination.
The total shipping cost is indicated in the “shopping cart” section and is subject to the approval of the Customer before the validation of each order; the amount may vary depending on the weight of the package and the country of delivery.
5.1. Delivery costs
For deliveries in Switzerland and Europe, packages are shipped through the Swiss Post at the current rates.
5.2. Delivery times
For products in stock, delivery times apply once the payment has been registered with our accounting department and the package has been prepared and deposited with our delivery service provider.
Le Colibry LLC will inform the customer of any delay in delivery but cannot be held liable for any compensation in this regard.
In the event of damage during transport, a formal complaint must be made within three days of delivery. The claim must include photos of the damage and the broken part(s).
6 – Warranty in case of defect and retraction period
In the event that a product sold is defective, Le Colibry LLC’s warranty is limited to the return of the product for exchange or refund, provided that the Customer complies with the conditions and deadlines set out in the following paragraph.
Regardless of whether the product has a defect or not, the Customer, a non-professional natural person, has a retraction period of seven days from the day of delivery to notify Le Colibry LLC of the return of the product for exchange or refund.
For Switzerland only: in the event of a return in accordance with the two paragraphs above, the price paid will be fully refunded (including delivery costs) for any product weighing less than 5kg. For any order outside Switzerland: the delivery and return costs for returned goods will be charged to the Customer.
To return a product, the Customer must first contact Customer Service by email at indicating the order number, the products concerned and the reasons for return. Le Colibry LLC reserves the right to refuse a return if the Customer has not contacted Customer Service beforehand within the time limits set. Le Colibry LLC will then indicate the procedure to follow. Any returned product must be returned in its original packaging and must not have been used or damaged.
7 – Warranties and liability
Le Colibry LLC has taken every precaution to ensure both the reliability of information and secure access to its website www.lecolibry.com.
However, Le Colibry LLC cannot under any circumstances guarantee the total absence of material errors, technical deficiencies or other involuntary problems.
Similarly, no guarantee can be given as to the compatibility of the site with your particular needs and uses.
Le Colibry LLC cannot be held liable for any damage whatsoever related to the use of its site and is released from any responsibility for the information contained in other sites that may be linked to its own site by a hypertext link or any other means.
8 – Intellectual property rights
All data of any nature whatsoever appearing on the Site, and in particular text, graphics, logos, icons, images, audio or video clips, trademarks, and software, are necessarily protected by copyright, trademark law and all other intellectual property rights.
Le Colibry LLC, in its capacity as editor of the Site, grants the User a private, non-collective and non-exclusive right of use for said content.
The User, under these conditions, shall not reproduce, summarize, modify, alter or redistribute, without the express prior authorization of the publisher, any text, title, application, software, logo, trademark, information or illustration, for any purpose other than strictly private use, which excludes any representation for professional purposes or mass redistribution.
Similarly, the User shall not copy all or part of the Site onto another site or an internal company network. Le Colibry LLC cannot be held responsible for the way in which Users utilize the data accessible on the Site.
Any creation of a hypertext link from a website to the Site must be expressly authorized by Le Colibry LLC.
9 – Protection of personal data
All customer data is strictly confidential. Le Colibry LLC commits to respecting the rules of ethics according to the legislation in force, particularly with regard to data protection.
We only use your data for the proper processing of your order. The email address you provide when you register will only be used to inform you of our new products. You can unsubscribe at any time. Le Colibry LLC will not communicate your personal data to third parties for commercial purposes.
10 – Conditions of use of the site
The use of www.lecolibry.com is authorized for private use only. Any commercial use, in particular for the purpose of reselling the products purchased on the site to third parties, is prohibited.
Any violation of this obligation will be sanctioned by immediate and permanent exclusion from the circle of members. The right to claim damages is reserved.
11 – Applicable law and jurisdiction
The relationship between Le Colibry LLC and the Customer is governed by Swiss law.
For any dispute relating to the relationship between Le Colibry LLC and the customer, the place of jurisdiction is the place where Le Colibry LLC’s registered office is located.
Last updated: June 21, 2018