Terms and conditions
The buyer acknowledges to have understood and accepted in their whole and without any restrictions the sale and purchase terms and conditions of the site http://www.ttmsa.ch. Consequently, the buyer who wishes to order online acknowledges that he is fully aware of the fact that his agreement of these terms and conditions does not require his written signature of the present document. Any buyer declares that he is entitled to enter into a contractual relationship with Traitements Thermiques SA in accordance with these terms and conditions. Traitements Thermiques SA commits itself to communicate, within reason, to its potential clients the greatest information available on the following topics: Description of the main characteristics of the proposed products and of their use; Prices of all the products in Swiss Francs (CHF) in Euro (EUR) or in dollar (US$); Information on the methods of payment and on the execution of the order as well as shipping and handling charges.
Article 1: Entirety - The website http://www.ttmsa.ch is the propriety of, has been designed and created and is managed by Traitements Thermiques SA at Sierre, Switzerland. The present terms and conditions include any and all rights and obligations of the parties. No single, specific or general term or condition that may appear on documentation sent, given or handed over to a buyer will alter, replace or complete parts of or the entirety of these terms and conditions Traitements Thermiques SA reserves the right to modify at any time and without any preliminary notification of any kind these terms and conditions.
Article 2: Object - The present terms and conditions define the rights and obligations of the parties in relation to the on-line sale and purchase on the website http://www.ttmsa.ch of products and services offered by Traitements Thermiques SA.
Article 3: Contractual documents - The present terms and conditions and the order process make up the contractual documents between the parties.
Article 4: Delivery - There is no specific restriction as to the provenance of the orders. The delivery in Switzerland and in Liechtenstein should not exceed 7 to 10 business days, as of the day following the reception of the order. The delivery in Europe should not exceed 12 to 15 business days, as of the day following the reception of the order. The delivery in any other country should not exceed 15 to 20 business days, as of the day following the reception of the order. The tracking of the order is currently not possible.
Article 5: Electronic signature - The buyer’s “mouse click” on “place your order” is considered to be the electronic signature which is binding between the parties in the same sense as a hand written signature would be.
Article 6: Order Confirmation – Contract The contract is validated as soon as the buyer has confirmed his order by pressing (clicking) the order confirmation button. As of that moment the cancellation of the order is no longer possible. A modification of the order is only possible in case of an out of stock occurrence on one or more products or in case the buyer wishes to increase his order or in case the buyer wishes to change a size or a color of a selected product or in case the buyer wishes to exchange a selected product for another one with equal or superior monetary value.
Article 7: Transaction proof - All the transactions records, stored on the Traitements Thermiques SA IT systems under reasonable security conditions, are considered as proof of communication, order confirmations and payments between the parties. The order confirmation and invoices are archived on reliable and enduring platforms and can be produced as proof, should it be necessary.
Article 8: Products / Stock
8-a: Traitements Thermiques SA presents the products it wishes to sell on the website http://www.ttmsa.ch with all the necessary information enabling the buyer to understand, prior to the order confirmation, all the characteristics of the products the buyer may wish to purchase. Traitements Thermiques SA states that it has acquired any and all necessary rights to legally sell all the products offered on the website http://www.ttmsa.ch.
8-b: The products proposed by Traitements Thermiques SA are only valid so long as their stock available for delivery. Traitements Thermiques SA can under no circumstances be responsible, and therefore no indemnification can be claimed, should any and all products become temporarily or perpetually unavailable.
8-c: The images shown on the website are for reference only and should help the potential buyer in his shopping experience. Traitements Thermiques SA gives no guarantee on the accuracy of these pictures in comparison to the product itself. In this respect, it is possible that the appearance of the colors on computer screens and other visual supports are different than the colors of the products. All illustrations and support items appearing on the website are not for sale and will not be delivered to any buyer.
Article 9: Prices – Shipping and Handling charges - The official prices are listed in Swiss Francs (CHF) in euro (EUR) or in dollar (US$) The official prices valid on the date that the order confirmation is sent to the buyer are binding between the parties. The prices indicated on the website http://www.ttmsa.ch include VAT for deliveries in Switzerland and Liechtenstein. For deliveries in Switzerland and Liechtenstein the Swiss VAT rates are applicable. The prices do not include shipping and handling fees. These are charged separately (including VAT). For deliveries in any other country or territory, products prices and shipping and handling fees that are charged to the buyer will exclude VAT on the products and on the shipping and handling. In this case, it is possible that the local customs authorities, the postal services or a courier service or any other legitimate organization may charge taxes and duties to the buyer. These charges are exclusively borne by the buyer. Shipping and handling fees are indicated on the shopping cart page from www.ttmsa.ch.
Article 10: Payment methods
(1) By credit card (all countries): All payments validated and executed by credit cards go through a secured server. The information exchanged between the parties, such as the credit card number, the expiry date, are transferred through an encryption (services provided by ogone – www.ogone.ch – encrypted data 128-Bit SSL). The amount of the order is debited immediately after the order confirmation. In case of an out-of-stock situation on one or more specific products after the order confirmation and the buyer’s wish to cancel this or these unavailable products, the amount in question will be credited to the buyer’s credit card as soon as possible.
(2) By bank transfer (all countries): the payment must be made by e-banking or by bank transfer on the following account:
Credit Suisse SA in favour of Traitements Thermiques SA SWIFT: CRESCHZZ80A IBAN: CH21 0483 5023 7515 5100 0
The products will be shipped after receipt of the payment.
(3) A payment by invoice (30 days net) is only possible for Switzerland and for Liechtenstein. The buyer will receive an invoice from Traitements Thermiques SA. Traitements Thermiques SA may also require an advance payment for orders from Switzerland and Liechtenstein, for example if the order value is above average.
The buyer guarantees that he is authorized to use the selected payment method. Traitements Thermiques SA reserves the right to suspend the order processing and the delivery in case of a credit card rejection or in case of a partial or a non-payment of an order. Traitements Thermiques SA reserves the right to refuse an order or to execute a delivery in case for a buyer with whom an unresolved litigation exists.
Article 11: Availability of products - If an order is confirmed and one or more products are unavailable, the order will be processed as soon as the unavailable products become available again. If the delay will cause the delivery time to exceed the times indicated in these terms and conditions, the customer service will contact the buyer to find out if the buyer wishes to. a) wait until all the unavailable products are available again and receive only one delivery b) cancel the unavailable products and receive immediately the available products only. c) replace the unavailable products with other similar and available products (same design but different color or size, etc).
Article 12: Delivery methods - The deliveries are executed by postal services to the shipping address given by the buyer on the order confirmation. The buyer is responsible to verify the condition of the products upon delivery. The return right is granted for a period of ten (10) business days following the delivery of the products to the buyer. During this period, the buyer needs to notify Traitements Thermiques SA in writing to e-mail email@example.com of any and all detected defects and return it following the prescriptions of these terms and conditions.
Article 13: Problems caused by the delivery service provider - Any and all problems relating to the delivery, such as damaged products, missing products compared to the delivery slip, damaged package, needs to be notified to Traitements Thermiques SA per e-mail firstname.lastname@example.org as soon as the delivery has taken place. Otherwise, the delivery will be considered to have been completed in perfect condition. The products notified as damaged need to be returned by the buyer in its original packaging, following the rules described in these terms and conditions. The damaged products will be replaced by Traitements Thermiques SA on the presentation of an official report by the postal service provider. Traitements Thermiques SA cannot be held to pay any sort of indemnity to the buyer due to this kind of delay, or any reimbursement for any shipping charges incurred by the buyer.
Article 14: Return and exchange of products
14-a: The buyer will, within ten (10) business days following the delivery, need to expressly list any and all complaints in case of an error and/or a discrepancy between the delivered products and the products mentioned on the order confirmation. To qualify for an exchange, the buyer will need to return the products in perfect condition, following the rules mentioned in these terms and conditions. The shipping charges incurred by the buyer to return the products will solely be borne by the buyer.
14-b: Any returns that take place later than the allowed ten (10) business days or which would not respect the rules mentioned in these terms and conditions, will not give the buyer the right to exchange the products. In this case, Traitements Thermiques SA is freed from any and all responsibilities towards the buyer.
14-c: Only the products purchased through the website http://www.ttmsa.ch can be returned to Traitements Thermiques SA. For any Products acquired in another retail store can under no circumstances be returned.
Article 15: Order error - If a buyer by mistake orders products from the website http://www.ttmsa.ch, then these will only be returned and exchanged following the rules set out in these terms and conditions. In any case, a reimbursement is excluded.
Article 16: Return rules - The products that are returned by a buyer must to be returned along with the delivery slip and/or a copy of the invoice. A description by the buyer of the reasons behind thee return is also necessary. The products are to be returned in perfect condition and it their original packaging to the following address: Traitements Thermiques SA, Rue des Sablons 13, 3960 Sierre Switzerland
Article 17: Product guarantee - The terms and conditions regulating the contractual relation between the parties can not free Traitements Thermiques SA from its obligation to guarantee to the buyer that the products are sound and safe. The buyer is expressly informed that Traitements Thermiques SA is not there producer of all products sold on the website www.ttmsa.ch . Consequently, in case of a damage caused to a person or a belonging of a person because of a defect product, the responsibility of the producer can be called upon by the buyer, based on the indications on the product and on the product packaging.
Article 18: Force-majeure - None of the two parties will have failed in their respective contractual obligations if their execution are delayed or prevented by a case of force-majeure. Cases considered to be a force majeure are extraordinary events or circumstances beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term "act of God" (e.g., flooding, earthquake, volcano eruption, etc). However, force majeure is not intended to excuse negligence or other malfeasance of a party, as where non-performance is caused by the usual and natural consequences of external forces, or where the intervening circumstances are specifically contemplated. The party experiencing a force majeure must notify in writing with 24 hours after becoming aware of the occurrence. The parties will then, within 7 business days examine, unless the force majeure prevents it, if and how the contractual obligations will be met.
Article 19: Applicable law - Swiss law is solely applicable For any case not covered by these terms and conditions, the Swiss “Code des Obligations” will apply. The competent tribunal for any and all legal actions, unless otherwise prescribed, is at SIERRE, Switzerland
September 2015 by Traitements Thermiques SA 3960 Sierre (Switzerland)