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Terms of Sales

 


Funny-Spa has the following postal address: Battindeys 13 1957 Ardon Suisse and its email address is info@funny-spa.com.



Any order for a product appearing in the online store of the site www.funny-spa.com implies consultation and prior acceptance of these general conditions of sale. The click of validation of the order implies a full acceptance of the present. This click has the value of "digital signature"

 

 

 

Object

The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by THE SELLER to the consumer.

Order confirmation

The contractual information will be confirmed by e-mail to the address indicated by the consumer in the order form.

 

Proof of transaction

The computerized registers, kept in the computer systems of the company THE SELLER under reasonable security conditions are considered as proof of communications, orders and payments between the parties.

 

Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

 

Product Information

Every effort has been made to ensure the accuracy of the information presented on THE SELLER SITE. THE SELLER or its suppliers are nevertheless not responsible for the consequences, incidents, special damages resulting from electronic transmissions or the accuracy of the information transmitted even in the event that THE SELLER was aware of the possibility of such damages. Product and manufacturer names and brands are used for identification purposes only. The photos, descriptions and prices of the products are not contractual.

 

Period of validity of the offer and its price

Our prices are valid for the day.

 

Delivery method

The products are delivered to the address indicated by the consumer on the order form and only to the geographical areas that we serve.

All products leave the factory in perfect condition. The customer must report to the carrier (or the postman) the slightest trace of shock (holes, traces of crushing, etc.) on the package, and if necessary, photograph the package and immediately contact Funny-spa.com . Funny-spa.com reserves the right to refuse an exchange or return without supporting photos. Once the photos have been transmitted funny-spa reserves the right to give the order to proceed with the opening of the product in order to observe any damage.

The exchange of any product declared, a posteriori, damaged during transport, without any reservation having been issued upon receipt of the package, cannot be taken care of. _cc781905- 5cde-3194-bb3b-136bad5cf58d_The seller has the possibility of modifying, by means of general conditions, the rights which the buyer has by law. If the general conditions clearly limit the buyer's rights to that of having the object repaired, the buyer cannot assert any other rights. The seller takes responsibility for damage caused by transport by repairing the object at his own expense. A loss after repair is not applicable.  On this subject, refer to the FAQ concerning repairs. 

As in any expedition, it is possible to suffer a delay or that the product gets lost. In such a case, we contact the carrier to start an investigation. Every effort is made, as long as necessary, to find this package. If necessary, the merchant will be reimbursed by the carrier and will deliver a new identical package at his expense (Funny-spa reserves the right not to re-deliver if the carrier proves delivery to the address indicated).

We decline all responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of products, bad weather or strikes.

 

Delivery problem due to the carrier

Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reservations", accompanied by the signature of the customer.

At the same time, the consumer must confirm this anomaly by sending the carrier within (2) two working days following the delivery date a registered letter with acknowledgment of receipt setting out the said complaints.

The consumer must send a copy of this letter to the ADDRESS OF THE SELLER. Without this fact, we do not proceed to any trade.

 

Delivery errors

The consumer must formulate with the SELLER, on the same day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or non-conformity of the products in kind or in quality with respect to the instructions on the order form.

Beyond this period, any complaint will be rejected. The formulation of this complaint with the SELLER may be made to the ADDRESS OF THE SELLER.

Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release THE SELLER from any liability towards the consumer.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the SELLER as a whole and in its original packaging in perfect condition at the SELLER'S ADDRESS.

To be accepted, any return must be reported and have the prior agreement of the SELLER, who if agreed will redirect the package to the correct address.

The shipping costs are the responsibility of the SELLER, except in the case where it turns out that the product does not correspond to the original declaration made by the consumer in the right direction of return.

 

Product warranty

The provisions hereof cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of latent defects of the thing sold.

The consumer is expressly informed that the SELLER is not the manufacturer of the products presented on the SELLER SITE and that the SELLER disclaims all liability for defective products.

Consequently, in the event of damage caused to a person or property by default of the product, only the responsibility of the manufacturer of the latter may be sought by the consumer, on the basis of the information appearing on the packaging of the said product._cc781905 -5cde-3194-bb3b-136bad5cf58d_

The warranty period is 2 years. Excluded from this warranty are all products transported, modified, disassembled or repaired by the customer or by any other entity than the service providers chosen by the SELLER.

The warranty can be extended according to the terms provided in store and on the site in the workshop section.
The warranty is not applicable for objects transported to an address other than that mentioned in the order or warranty sheet. The sale of the object of the buyer to another person is not applicable and acts as loss of the guarantee. The warranty is only valid at the address mentioned. 

 

Right to retract

The right of withdrawal only applies to natural persons.

In accordance with Articles L. 120-20, the consumer has a period of seven (7) calendar days to return, at his expense, the products that do not suit him. This period runs from the day of receipt of the consumer's order. Any return may be reported in advance to the SELLER's customer service. The product must be returned to the SELLER'S ADDRESS. A deduction of 10% will be collected from Funny-Spa for delivery costs.
The products are delivered immediately to the buyers, in the event of non-immediate delivery of the product, storage costs will be invoiced in addition.
If the product is not collected within 8 months, the buyer will be subject to an arrangement according to the seller's proposals and the GCS here present either: A refund of the amount paid (storage costs deducted) or a purchase voucher valid for life for a product in the shop calculated after deduction of storage costs. (Costs may be charged and delivery costs will be deducted if they are related to the non-recovery of the product by the customer within the time limits). 

 

Sensitive products (such as DVDs, CDs, software) must not have been unsealed, so that the consumer can benefit from the right of withdrawal.

Only products returned as a whole will be taken back, in their complete and intact original packaging, and in perfect condition for resale. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded, taken back or exchanged. This right of withdrawal is exercised without penalty, with the exception of shipping and return costs. In the event of the exercise of the right of withdrawal, the consumer has the choice to request either the reimbursement of the sums paid, or the exchange of the product. In the case of an exchange, the reshipment will be at the expense of the consumer.

In the event of exercise of the right of withdrawal, the SELLER will make every effort to reimburse the consumer within thirty days.

 

Rights of use

The use of the brands present on the site is strictly prohibited.

 

force majeure

None of the parties will have failed in their contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event of force majeure. Will be considered as a case of force majeure any irresistible fact or circumstance, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.

The party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware.

The two parties will then come together, within three months, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than one month, these general conditions may be terminated by the injured party.

Expressly, are considered as cases of force majeure or fortuitous events, in addition to those which are usually retained by the jurisprudence of the courts and tribunals Switzerland : the blocking of means of transport, earthquake, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.

 

Partial non-validation

If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.

 

No Waiver

The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in the context of these general conditions of sale cannot be interpreted for the future as a claim to the obligation in question.

 

Applicable law

These general conditions are subject to Swiss law. This is the case for rules of substance as well as for rules of form.

In the event of a dispute or complaint, the consumer will first contact the SELLER to obtain an amicable solution.

 

Protection of personal data

All the data that you entrust to us is in order to be able to process your orders.

 

Under law no. 78-17 of January 6, 1978 relating to data processing, files and freedoms, you have with the SELLER a right of rectification, consultation, modification and deletion of the data that you send us. have communicated. This right can also be exercised online.

 

Disputes

Any order placed through the SELLER SITE entails the customer's acceptance, without any restriction, of the SELLER's general conditions of sale.

In the event of sale to a legal person, any dispute relating to the sale (price, GTC, products, etc.) will be subject to Swiss law before the Commercial Court of the registered office of the SELLER.

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