You are using the online sales service of Galinea a company of Kainjoo SA (hereafter called “Vendor” or “Galinea”), a Swiss company based in Morges, registered with the Swiss trade registry under license number N° CHE-138.523.761.
The present General Terms of Sale is systematically displayed to every Customer (hereafter called “Customer”) before continuing with the distribution process on the Galinea Internet site (hereafter called “Marketplace”). The Customer, before contracting with Galinea, declares to be bound in full legal capacity to the General Terms of Sale.
Any access, subsequent use or any order of one or more products on the Galinea website shall imply the Customer’s express and full compliance, without reserve, to the contents of the General Terms of Sale, which supersedes all other documents, such as, but not limited to, brochures and catalogues transmitted by the Vendor, which are for information purposes only. Acceptance of these General Terms of Sale shall have the same legal force and effect as the Buyer’s written signature. By ordering products via this Marketplace, end-consumers will confirm that they will also be fully and unconditionally accepting these General Terms of Sale. The vendor is not obligated to take into account any contradicting conditions pointed out by the buyer unless explicitly accepted by the vendor, regardless of when said contradicting conditions are brought to the vendor’s attention. If the vendor chooses to grant an exception to the present General Terms of Sale at a given time, it does not imply in any way that the vendor waives the right to enforce said terms and conditions at a later time.
Article 2: Customer service
Our customer service department is at your disposal to provide additional information, or to answer questions and offer advice to you and to buyers who purchased your products : Customer Service Galinea SA CP 116 Morges 1110 Switzerland E-mail: email@example.com Téléphone:+41 21 588 05 91
Article 3: Quality guarantee
Products in the Marketplace are certified unprocessed and reflective of the original issued by the Customer. This is true despite having the possibility of changing the packaging of the end product.
Article 4: Prices
All prices are stated in Swiss Francs (CHF) or Euros (€), excluding the shipping and processing from our warehouse in Switzerland or in Europe. The prices are stated including the VAT for all countries belonging to the European Union and they are stated without VAT for all other countries. Any modification of the VAT rate shall automatically be reflected in the prices of the products for sale on the Site. Galinea reserves the right to review prices at any time, on the understanding that prices invoiced are those in force on the date of order validation. Processing and shipment costs are supplementary and are indicated before any order confirmation. Our product special offers are valid within the limits both of the offer’s duration of validity, as well as stock availability.
Article 5: Customs duties for countries outside Switzerland or France
Some local taxes and/or customs duties may also be levied when a parcel is delivered. All extra taxes and duties are the responsibility of, and payable by the Buyer. Galinea shall not be responsible for informing the Customer of such duties or any similar charges.
Article 6: Orders and transaction confirmation
When an order is placed, all important information necessary to trace the transfer of value will be collected, according to rules in the buyer’s original country (e.g.: telephone number, postal address and email address). When an order is validated, you confirm that you fully and unconditionally accept the order and the present General Terms of Sale in their entirety. Your order is then transferred to our customer service department for processing. We recommend that you print a copy of your order to keep for your records. We reserve the right to refuse customer orders in the event of a payment dispute with respect to a previous order. When your order is received, a detailed order confirmation will be sent to the e-mail address you provide. This order confirmation will include the exact billing amount and the delivery details for the order. This order confirmation indicates our acceptance of your order and validates the transaction. You accept that our order-taking system constitutes proof of the nature and date of the order.
Article 7: Product availability
Every effort is made to display items that are accurately mentioned as being in stock. The availability of the product is stated on each product description. In the event a product is unavailable after an order has been placed although initially mentioned as being in stock, the Customer will be informed as soon as possible by e-mail.
Article 8: Secure payment
Payment for your order is handled via the payment method authorised for the product offer in question. Online payment via credit/debit cards is entirely secure. The entire transaction is carried out using encryption technology via a Swiss bank validation server in SSL mode (Secure Socket Layer). Galinea never has any access to your payment data. This system ensures that your purchases are completely secure.
8.1 Accepted means of payment
Payment must be made in full, using a credit card (Visa Card, Master Card, Euro card or Swiss Postcard) or Paypal. Credit Cards are debited on the day that the order is placed and payment is considered as effective from the day the transaction is authorized by the Buyer’s bank. The Customer guarantees to Galinea he possesses the necessary authorization to use the chosen payment method on his order form. Galinea reserves the right to suspend all order processing and delivery in case of non-payment of any amount owed by the Buyer, in case of authorization refusal of the credit card payment or in the case of fraud or suspected fraud when ordering products on www.galinea.com. Galinea reserves the right to ask for a copy of a valid identity card or a copy of the credit card of the Customer in case the payment exceeds 500 € including VAT. As part of the fight against Internet fraud, information about an order may be transferred to a third party for purposes of verification.
Article 9: Cancellation in case of non-payment
In case the buyer does not pay for merchandise within the payment period, the vendor has the right to cancel the sales contract, request the return of said merchandise and to demand payment of punitive damages to cover the loss of revenue and other additional costs incurred because of non-payment.
Article 10: Delivery and shipping charges
10.1. In general
Products will be delivered to the delivery address indicated on the Buyer’s order form: accurate information is, therefore, necessary to ensure efficient transportation. All items purchased from www.galinea.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. The Buyer is responsible for verifying the state of the parcel and its content on delivery with the deliveryman. If the parcel was dropped directly into the mailbox and is damaged, the Customer must go to his post office and institute a damage claim without opening the parcel. If that damage claim is not made the same day the parcel is delivered, the post office might refuse the Customer’s claim, and hence Galinea will not agree to send any replacements for the damaged parcel.
10.2. Deadlines and shipping charges
Shipping costs are fixed and represent an amount of 12 CHF / EURO. Delivery is free from 150 CHF / EURO. Delivery time is between 24h and 48h. This time is estimated: any excess of time limit could result in neither in damage nor interest, not in withholding or cancellation of the order by the Buyer. In case of failure to deliver on the expiry of a period of thirty (30) days, the Buyer shall have the option to cancel the order of remaining deliverables (unless the delay in delivery is due to force majeure as defined in the jurisprudence of the courts ). The amount paid by the Buyer for the products still to be delivered will be refunded within thirty (30) days following the cancellation request of the Buyer, excluding any other compensation. The Buyer shall make the application by e-mail at info@Galinea.com. Galinea will decline all responsibility in the event of delivery delays, product loss, strikes, fire (non-exhaustive list).
10.3. Characteristic of delivery (Switzerland)
Delivery is made by a courier to the address indicated by the Buyer on the order form. An acknowledgement of receipt must be signed by the Buyer. In case of absence, the Buyer receives a calling card and may request via internet redelivery of the package the next day. In case of return of the parcel to the logistic partner due to « Does not live at the address indicated » and subject to receipt of goods in perfect condition, Galinea will issue a coupon (equal to the total order, shipping deducted) which will be credited to the credit card of the Buyer. Buyer will then place his order having preciously corrected his delivery address.
10.4. Characteristic of delivery (outside of Switzerland)
The products are delivered to the address given by the Buyer on the order form. A notice of receipt shall be signed by the Buyer. In case of absence, the Buyer receives a transit advice note from the deliveryman which allows him to withdraw the products ordered at the nearest post-office for up to fifteen days. In the case of the parcel being unclaimed at the Post Office within the given time and subsequently returned to Galinea, the parcel can be reshipped on prior payment of the corresponding shipment costs. In case of returns by the Post Office with the mention “Not Known at this Address”, and if the products are in perfect condition for resale, Galinea will reimburse the Customer by credit card refund (total order, minus total shipping fees, whether originally paid by Galinea or by the Buyer). Galinea does not reimburse duties and taxes. The Buyer may then place another order using the correct address.
Article 11: Consumer guarantees
The customer guarantees that merchandise is manufactured, checked and packaged without any physical defects. This guarantee does not cover defects that the buyer may discover upon examination of said merchandise. If product defects are revealed after delivery, the Buyer shall request application of the product guarantee in writing. This request shall include the invoice number and the reason for requesting replacement of the product(s) in question. The products sold on www.galinea.com are in compliance with the current regulation in Switzerland and in Europe. Galinea’s liability shall not be engaged in case of non-observance of the legislation of the country in which the products are delivered, which the Customer is to verify.
Article 12: Disclaimer of warranties and limitation of liability
www.galinea.com is provided by the vendor on an “As is” and “As available” basis. Galinea will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Article 13: Intellectual property
In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, the present website and all the component parts, brands, drawings, models, logotypes, visuals, etc. on this website as well as their compilation are the exclusive property of Galinea or its suppliers; the latter grant no licence or any other right to web users other than to consult this website. The reproduction or use of all or any part of these components are only authorized for informational purposes and for personal and private use; any reproduction or use of copies made for other purposes is explicitly forbidden. Any breach shall be deemed counterfeit and punishable under the laws governing intellectual copyright unless express prior written authorisation has been issued at the sole discretion of Galinea. Any link or hypertext to the Site is strictly forbidden without prior written consent from Galinea.
Article 14: Site policies, modification, and severability
Galinea reserves the right to make changes to our site, policies, and these Conditions of sale at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Article 15: Applicable law
This contract is subject to Swiss law. The United Nations Convention on contracts for the international sale of goods of 11 April 1980 (Vienna Convention) is explicitly not applicable. The language used for this contract is English. The Swiss court shall be the only competent body to handle disputes. The place of jurisdiction for this contract is Lausanne.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Kainjoo SA, Grand rue 29 1110 Morges.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: Switzerland
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: What Are Cookies?.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.