General Terms & Conditions of Sale
The present General Terms and Conditions of Sale regulate the legal status of contracts concluded between 9ALL Sàrl (seller) and its clients (buyers). Situations concerning the buyer which do not comply with these general terms and conditions are explicitly excluded. By validating an order, the client declares to having read and accepted these Terms and Conditions.
The offer proposed by the seller serves as a guideline only. The seller reserves the right to modify its prices and range of articles and to carry out technical modifications. The seller also reserves the right to cancel or refuse an order for technical or commercial reasons. Information about products, along with technical information, photos and product compatibility guarantees, is quoted from manufacturer information and is not contractually binding. The offer is made on the suspensive condition of supply and delivery availability from both the seller and the seller’s contractual partner. Production/dispatch dates are divided into three options. The following delivery period estimates serve as guidelines only (quantities ordered, stock, etc. may cause these guideline periods to vary):
- Standard (economy class): 5-7 working days on average
- First class: 3-4 working days on average
- Express: 1-2 working days on average
If production lead times can not be met, the seller will inform the buyer, with dispatch times remaining those indicated by the post office (see Delivery Conditions).
Conclusion of the Contract
By carrying out and sending an order on stampfactory, the buyer accepts and complies with the contractual conditions. Upon receipt, the seller agrees to deliver the order as quickly as possible. The terms of the contract enter into force as soon as the seller confirms its offer by e-mail, letter, fax, or upon delivery of goods. Conclusion of the contract is always subject to the suspensive condition of supply and delivery availability from both the seller and the seller’s contractual partner. All liability is excluded in the event of non-delivery due to stock shortage, defective goods, unavailable products, etc. The contractual language is French.
Validated orders can be viewed in the client’s account.
All prices quoted are net, including VAT and independent of the quantity ordered. Prices are subject to pricing modifications due to market fluctuations. However, the lowest price of the day and that in force on the day of the order will always be the prices taken into account and invoiced. The day of reference will always be the date the order was validated (with or without special offers). All prices quoted include VAT. Actual postage costs, according to your dispatch choice (economy class, first class or express), will be added to your order total.
Order and Payment
1. Registration of the Order
Any first-time buyer must fill in the fields provided to create a profile, which they may access in the “My Account” section. The buyer must accurately fill in the form provided, in which they must include information required for identification, particularly a valid e-mail address and password of their choice (which will remain personal and confidential) and which they may use later to identify themselves on the Website. Any buyer who already has a Client Account must sign in after clicking on “Continue your order”, by entering their e-mail address and password.
The buyer accepts that entering such user identification information constitutes proof of identity.
Provision of nominative information collected for the purpose of online sales and marked with an asterisk is obligatory, such information being required for processing delivery of the order as well as issuing invoices. Such information is strictly confidential and will be used in accordance with the Confidentiality Policy of 9ALL Sàrl, which can be consulted on the website.
The buyer wishing to make an order will select their chosen Product(s) by clicking on “Add to my basket”.
At any time, the buyer may:
- verify the number of Products contained in their basket and consult detailed information about each item by clicking on “My basket”,
- continue selecting Products by clicking on “Continue shopping”, or
- complete their order by clicking on “Finalise my order”.
2. Validating the Order
After viewing the summary order form, the buyer must click on “Payment for my order” to confirm their order and proceed to payment.
Validation of the summary order form constitutes the buyer’s consent. Such consent is the equivalent of a written signature and constitutes proof of the conclusion of a contract between the Parties, of the whole purchase and liability of sums owed upon completion of such order.
stampfactory reserves the right to not validate an order in the event of:
- Any anomalous command,
- Anomalous or abusive complaints,
- Anomalous or abusive exchanges and returns,
- Existing dispute(s) with the buyer,
- Total or partial non-payment by the buyer on a previous order,
- Credit card payment authorisation refusal by banking organisations.
The amount due by the buyer is the amount indicated on the summary order form seen by the buyer before validating their order.
The buyer pays for the order by credit card (Visa, Eurocard/MasterCard) according to the provisions of the present article.
To pay for an order by credit card, the buyer must communicate the credit card number and, according to the type of credit card, the expiry date and security number (3-digit number featured on the back of the credit card).
The card will be debited upon validation of the order on the Website, unless the server is unavailable.
4. Order Acknowledgement
Following payment, stampfactory will immediately, or in any event before delivery, send a document summarising the details of the order by e-mail to the buyer, to the e-mail address provided.
The order form is registered on the stampfactory website’s records, which are saved on a reliable and durable medium. The buyer accepts that the order form is considered as proof of contractual relations between the Parties.
The seller alone chooses its service providers for delivery and may under no circumstances be held responsible for late deliveries or lost orders resulting from provision of incorrect or incomplete addresses. Furthermore, the seller declines all responsibility in the event the order made by the buyer cannot be delivered, is delivered late or is undelivered due to force majeure, such as natural catastrophes, war strikes or any other events leading to unavailability of suppliers or service providers. Stated delivery dates are those of the service provider chosen by the seller (reflecting dates indicated by the Post Office). Three delivery options are possible: standard, first class or express. The seller declines all responsibilities in the event of late delivery or lost parcels.
Right of Return and Complaint
Concerning the aspect of articles, the seller reminds the buyer that the image displayed on screen is never identical to the final appearance of goods. Consequently, the buyer placing an order online is fully aware of and accepts this, without the possibility of submitting a complaint regarding an appearance varying from the image displayed on their screen or on paper.
Goods ordered may be returned in their entirety, undamaged and in their original packaging (otherwise, the seller has the right to demand compensation and to invoice the buyer in the form of a credit note. Such credit note will always be limited to the current price in force on the day of return), within 5 days from the date of delivery, accompanied by the delivery note or the invoice, at the buyer’s own cost and risk, to the following address: 9ALL Sàrl, 148 route de Thonon, 1222 Vésenaz, Switzerland. No right of return for articles already used or personalised will be allowed.
If an item is out of stock, the seller reserves the right to replace it with an equivalent reference, the price of which is similar or higher than that charged to the customer (the seller will take the price difference if this is higher) .
All other claims made by the buyer, regardless of legal reasons, are excluded. The seller and its assistants may not be held responsible for damages which do not directly concern the goods, particularly in the case of profit loss or other damage incurred by the buyer. Such exclusions do not apply to personal injury, intentional harm or harm provoked by serious misconduct, nor to damages subject to product liability legislation.
Copyrights, Trademarks and Ethics
The seller declines all responsibility in the event of infringement on copyrights or trademark law.
The buyer is solely responsible for the contents of their orders and takes responsibility for any complaints and legal proceedings initiated against them.
Should the seller suspect a violation of copyrights or trademark laws, it reserves the right to request a written declaration from the buyer confirming their own rights to the item or trademark concerned. Where required, the seller reserves the right to refuse the order.
The seller reserves the right to refuse any orders deemed to be of a pornographic, racist or immoral nature.
The seller will comply with the data protection conventions in force for the recording, processing and use of personal data. The details of such data protection conventions can be read on stampfactory in the Confidentiality Policy paragraph. To guarantee the quality of their services, the seller explicitly reserves the right to register conversations when orders are placed or complaints are made by telephone.
The stampfactory website owned by 9ALL Sàrl places great importance on protection of privacy, in particular data protection. Consequently, the stampfactory website will make every effort to treat all data entered with the greatest care and comply with the provisions of Swiss legislation relating to data protection for data entry and collection. Personal data (data relating to an identifiable person such as name, address, e-mail, telephone number, date of birth) are only entered if required for a personalised service. On the stampfactory Internet site, this particularly applies to orders placed, along with newsletter subscriptions or participation in competitions or events.
In principle, personal data is not disclosed to third parties, unless a legal obligation obliges the stampfactory site to do so. This principle does not apply to data entered for a service not provided by the stampfactory website itself, but for which it is an intermediary (for example, enrolment in a course). Such data is conveyed to partner service providers, the names of which are featured on the stampfactory website. Responsibility for future protection of such data does not lie with the stampfactory website but with the third party concerned. The stampfactory website reserves the right to use personal data not only for the initial intended purpose, but also to inform people about other services and news. Stampfactory may register cookies on the computers of site users, in order to identify preferences revealed by their use of the website and improve the contents, proposed services and personalised offers or similar. For the same purposes, the stampfactory website may record access data (IP address and time). Any individual may obtain access to data relating to them and have such data deleted upon request (send an e-mail to: firstname.lastname@example.org).
Personal data is carefully saved and protected against any third party access using the most recent technology. However, the stampfactory website can offer no guarantee against illicit access to the database system by non-authorised individuals.
Besides personal data, the stampfactory website collects and saves tracking data in anonymous form for marketing and optimisation purposes. Such data enable generation of anonymous user profiles and statistics. Users are not identified.
Modification to Terms & Conditions of Sale
The seller reserves the right to modify these Terms & Conditions of Sale at any time.
Applicable Law and Place of Jurisdiction
All obligations in this contract are subject to Swiss law. The place of jurisdiction for any disputes is Geneva.