Terms and conditions of sale
TERMS AND CONDITIONS OF SALE (TCS)
Spirit of Kinship is hereby abbreviated by SOK for reasons of simplification.
The term “the Customer” applies to both male and female.
1. FIELDS OF APPLICATION AND MODIFICATION OF THE TCS
The terms and conditions govern the contractual relationship - and form an integral part of the contract - between SOK and the Customer.
By ordering through the website, the Customer acknowledges having read, understood and accepted, without any reservation, the TCS. In the event of disagreement with the TCS, the Client refrains from placing an order via the website.
SOK reserves the right to modify the TCS at any time and without prior notice by publishing a new version of the GCS on the website (which supersedes any pre-existing version). Any order placed after the publication by SOK of a new version of the TCS constitutes acceptance of this new version.
2. INFORMATION MENTIONED ON THE WEBSITE
Although SOK endeavors to inform the Customer in the most complete and faithful manner possible, photographs, videos and texts illustrating and describing the products, as well as the state of the stocks mentioned on the website are non-contractual and are provided for information purposes only. They do not constitute an offer from SOK (which does not guarantee its accuracy) and cannot in any case be qualified as guarantees or promised qualities.
The Customer is solely responsible for the accuracy and completeness of the data he provides when registering on the website. If necessary, the Customer shall inform SOK of any changes to the data he has provided, by immediately updating its profile.
The Customer must provide a valid e-mail address on which all communications relating to the order will be sent. It is the Customer's responsibility to maintain this address in force and to take note of the emails sent by SOK. The Customer will also make sure to configure and check his spam box to ensure that no SOK email is included. Any communication made to the Customer by e-mail will be considered as received by the Customer on the actual date and time of receipt, but no later than 24 hours after it is sent by SOK.
The Customer chooses, at the time of its registration, or is given, in case of reset, a password allowing him to place order or to use other functions of the website. This password is strictly confidential. It must not be disclosed to third parties. The Customer is solely responsible for the use, the preservation and the level of security of his/her password which he can modify at any time via the website. He is responsible for all past orders, even without his knowledge, by means of his password. If the Customer knows or suspects that a third party has access to his password, he must notify SOK immediately.
4. ORDERING PROCESS
Only Customers who are of age, capable of discernment and who are not under curatorship can place orders via the website.
To place an order, the Customer must follow the procedure available on the website. Any other ordering procedure is excluded.
By placing an order, the Customer binds himself and declares to make against SOK a firm and definitive offer to buy the selected merchandise, under the conditions indicated on the website. The validity of the offer may be subject to maximum or minimum quantities. Formally, the Client deposits his offer at the time his payment is approved. The sale is accepted - and therefore the contract is concluded (subject to the conditions set out in Articles 8 to 10) - from the moment SOK sends the order confirmation to the Customer. SOK reserves the right to refuse an offer at its sole discretion, without being required to state the reasons.
The data recorded by SOK is irrefutable proof of orders. The data recorded by the payment system is irrefutable evidence of financial transactions.
SOK reserves the right to modify its prices at any time. Only the price indicated in the order confirmation applies.
The prices indicated on the website are expressed in Swiss francs (CHF) or in the indicated currency and include, where applicable, VAT. The costs of preparation and delivery are invoiced, in addition, in accordance with the indications mentioned in the confirmation of order.
The methods of payment accepted by SOK are exclusively those indicated on the website.
All orders are subject to prior payment of the entire amount of the order, as well as the preparation and delivery costs. Payments are made by servers made available and secured by SOK's partner financial institutes, so that no financial information concerning the Client is transmitted via our servers.
The risk of a malfunction of the payment system is borne by the Customer, to the full discharge of SOK.
The costs of preparation and delivery are those mentioned in the order confirmation.
The products are shipped to the delivery address indicated by the Customer at the time of the order. The Client is solely responsible for the accuracy and timeliness of the address he indicates to SOK. The latter can not be held responsible for the lack of delivery of a product in the event of an incorrect or inaccurate address.
The risks associated with the shipment of the goods are transferred to the Customer as soon as the latter is handed over by SOK to the carrier of his choice.
If a parcel is returned by the carrier after an unsuccessful delivery (postal deadlines exceeded, address of the wrong recipient, etc.), the Customer is notified by means of an e-mail sent to the address he has indicated In his profile or when ordering. Without notification from the Customer within 1 month of sending the e-mail, the order is canceled. SOK is then released from its obligation to deliver the goods and the amount paid by the Customer is retained by SOK as a contractual penalty for the balance of all accounts and claims in relation to the order concerned.
The costs of transport and risks inherent to the return of an unclaimed parcel (including in the event that the carrier does not file a notice of transit) and / or any redirection are borne by the Customer exclusively, as the risks inherent to the storage of the returned goods. Before any redirection, SOK may ask the Customer to pay the related costs.
SOK makes every effort to ensure that the ordered products are shipped within 10 working days, starting from the order confirmation.
8. RIGHT TO REVOKE OF THE CLIENT (IN GENERAL)
The Customer may revoke his order on the following cumulative conditions:
- The Customer sends his request to the Customer Service by means of the ad hoc form, mentioning his intention to revoke his order. The request must reach SOK within 10 working days of delivery of the goods.
- The goods must not have been used. It must remain in a perfectly new state suitable for resale. Clothing should not have been worn and labels should remain. However, they can be tested to ensure that they are the right size. - The merchandise must be returned to SOK, at the exclusive expense of the Customer, in its original packaging, accompanied by its complete documentation and any accessories. The procedure under Article 13 shall apply.
9. RIGHT OF REVOCATION OF THE CUSTOMER IN CASE OF DELAYED DELIVERY
In the event of delayed delivery, the Customer may revoke his order at the following (cumulative) conditions:
- SOK has not sent the goods ordered (date of delivery to the carrier) within 30 working days from the date of dispatch of the order confirmation;
- The Customer has addressed his request to the Customer Service using the contact form, mentioning his intention to revoke his order, no later than 40 working days after the date of dispatch of the order confirmation; and
- Customer's request reaches Customer Service at least 24 hours before the ordered product has been delivered to the carrier for delivery.
10. SOK’S RIGHT TO REVOKE
After the conclusion of the contract, SOK is entitled to cancel an order, not yet delivered, at any time and without having to indicate the reasons to the Client.
11. CONSEQUENCES OF REVOCATION
In the event of revocation in accordance with Articles 8, 9 or 10, the advance paid by the Customer (excluding preparation and delivery costs) shall be refunded to him in cash, by bank transfer or, at SOK's will, as a voucher. The reimbursement takes place for balance of all accounts and all claims. In this way, the Customer will not be able to claim any additional damages from SOK, since its claims are limited to the full return of the advance paid in cash or in the form of a voucher (excluding preparation and delivery costs and without interest) . In case of revocation due to late delivery (Article 9) or exercise of SOK's right of revocation (Article 10), SOK is released from its obligation to deliver the goods.
12. GUARANTEE FOR DEFECTS
Upon receipt of his order, the Customer shall immediately inspect the delivered goods.
If necessary, before signing the carrier's delivery note, the Customer must check if there are apparent defects at the time of delivery (product delivered that does not correspond to the ordered product, incomplete product, etc.). In case of apparent defects, the Customer (or any other person receiving the goods for him) must indicate it on the delivery note, in the form of a handwritten reserve accompanied by his signature. In the absence of such a reservation, such defects shall be considered as accepted.
In the case of defects which are not apparent at the time of delivery against signature or in the absence of such a delivery method, the Customer must notify the Customer Service of any defect within 3 working days from the moment where he is aware of the defect, failing to do so the defect shall be deemed to be accepted. As regards return, the procedure of Article 13 applies.
The merchandise ordered on the website is guaranteed by SOK.
When purchasing a plurality of products, the possible defective character of a product, its replacement or the impossibility of sending it does not invalidate the purchase contract as a whole. SOK manages the control of each product independently.
13. RETURN PROCEDURE
In the event of a general request for revocation (article 8) or default (article 12), the Customer must obtain a return authorization by the Customer Service prior to any return of merchandise. No merchandise will be accepted without the prior acceptance of SOK.
Upon receipt of the return authorization, the Customer has a period of 7 working days to return the goods to SOK. After this period, the return will be refused. The return must be done by means of the original packaging, against signature. The Customer alone bears the risks associated with the return of the goods. Except in case of justified return due to default (Article 12), the return costs are the responsibility of the Customer.
14. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
All the information and documentation contained on the website (as well as the pages animated on the social networks) are only given as an indication and in order to promote the products and services of SOK. The information and documentation presented herein does not constitute an offer of products and / or services on its part, either by its partners or third parties, and can not be considered as advice or instructions on the use of its products and services.
SOK makes every reasonable effort to ensure that the information on the website (as well as on its social networks) is accurate and complete. SOK disclaims any liability, however, if this is not the case. If the Customer relies on this information, it will be at his own risk. It is your responsibility to be aware of any changes to the content of the website. All liability of SOK is excluded in this respect.
15. INTELLECTUAL PROPERTY RIGHTS
The copyright and other intellectual property rights in the content are owned by SOK or used with the permission of the owner.
In particular, no reproduction of any part of the website and its contents may be sold or distributed for commercial purposes, or modified or incorporated into any other work, publication or other website. It can only be reproduced by mentioning SOK.
16. SOK COMMUNICATIONS PROCESSING AND SECURITY
Communications that the Customer will send to SOK via the Internet will not be considered confidential.
When the Customer communicates with SOK by e-mail, the Customer must take into account that the protection of email messages transmitted over the Internet is not guaranteed. Therefore, by sending by e-mail important, uncoded messages, the Customer accepts the risks of this uncertainty.
17. PROHIBITED ACTIVITIES
SOK reserves the right to prohibit (for example by removing the content concerned or by limiting / prohibiting access to all or part of the website) without notice, any act which it may deem inappropriate and/(including, without limitation, the publication on the website of content that, in its sole discretion, may be detrimental to the security systems of SOK (or third parties)). Or to contain insulting, aggressive, defamatory, racist, obscene, threatening, pornographic, illegal, immoral or otherwise disturbing.
Without the prior written consent of SOK, the Client whose access to the website has been deleted is no longer authorized to register on the website, either under his or her name or under another name.
18. LACK OF GUARANTEES
Use of the website is at the Customer’s own risk.
The website is offered 'as is' and 'as available'. Therefore, SOK makes no warranty.
In particular, use does not guarantee that:
- the website and the products / services offered on it comply with the Customer's requirements;
- the website and its contents are exhaustive, accurate, reliable, up-to-date and do not violate the rights of a third party;
- access to the website will not be interrupted or erroneous, or guaranteed without virus;
- defects will be corrected;
- the website is secure; or
- any advice or opinion provided by SOK through this website is accurate and reliable.
Any information on the website is subject to change or deletion without notice.
19. PARTIAL INVALIDITY
Any provision of the General Terms and Conditions which is in whole or in part inconsistent with the Swiss mandatory law shall be severable and any nullity, in whole or in part, shall not affect the validity of the remainder of the clause in question, Other TCS clauses. If a provision of the TCS proves wholly or partially ineffective, it must be replaced by a provision having economic and legal effects as close as possible to those of the invalidated provision.
The terms and conditions of the entire agreement between SOK and the Customer regarding the access and use of the website and its contents.
SOK's tolerating of any breach by the Client of any of its obligations under the TCS, or not enforcing any right which is recognized by the TCS or by law, may not be interpreted as a waiver by SOK of its right to rely on it.
21. JURISDICTION AND APPLICABLE LAW
The TCS are subject to Swiss law, to the exclusion of its rules of private international law.
The exclusive forum is in Lausanne, subject to appeal to the Federal Court.
The TCS are written in French and English. In case of discrepancies, the French version is authoritative.