General terms and conditions of sale - cgv
Preamble
The present general terms and conditions of sale (the “General Terms and Conditions”) are concluded between Metalartconcept Sàrl (“MAC”) and any natural person of legal age (the “Customer”) who makes a purchase on our website www.metalartconcept.com (together called the “Parties”).
The Parties agree that their relationship is governed exclusively by these Terms and Conditions.
MAC reserves the right to modify the Terms and Conditions from time to time, which shall be applicable as soon as they are published online.
Article 1 – Scope of application and modification of the GTC
These Terms and Conditions govern the contractual relationship between MAC and the Customer and form an integral part of the contract. They are an integral part of the Terms of Use, which shall apply in addition. In the event of any discrepancies, the GTC shall prevail over the Terms of Use.
By placing an order through the Site, Customer acknowledges that it has read, understood and accepted, without reservation, the Terms of Use. In case of disagreement with the GTC, the Customer shall refrain from placing an order via the Site.
The T&Cs may be amended at any time without notice by MAC by posting a new version on the Site (which supersedes the existing version). Any order placed after such new posting shall constitute acceptance of such new version.
Article 2 – Information on the Site
Although MAC endeavours to inform its Customers as fully and accurately as possible about the products. However, the photos, videos and texts illustrating and describing the products (product descriptions, dimensions and technical specifications of the products, size guides, etc.), as well as the state of stocks mentioned on the Site are not contractual and are provided for information purposes only. They do not constitute an offer by MAC (which does not guarantee their accuracy) and cannot be qualified as guarantees or promised qualities.
Article 3 – Registration
Customer is solely responsible for the accuracy and completeness of the data provided by Customer when registering or completing the (identification) forms on the Site. Customer shall notify MAC of any changes to the information provided by Customer and shall immediately update its profile.
The customer must provide :
– a valid e-mail address to which all communications relating to the order will be sent, as well as full postal and billing details.
When creating a user account:
– The Customer chooses, at the time of registration, or is given, in case of reset, a password allowing him to place an order or to use other functions of the Site. This password is strictly confidential. It must not be disclosed to third parties under any circumstances. The Customer is solely responsible for the use, conservation and security level of his password, which he can modify at any time via the Site. He is responsible for any order placed, even without his knowledge, using his password. If the Customer knows or suspects that a third party has access to his password, he must notify us immediately.
Article 4 – Order process
Only the procedure available on our Site is valid for the Customer to place an order.
By placing an order, the customer binds himself and declares that he is making a firm and definitive offer to MAC to purchase the selected goods, under the conditions indicated on the Site. The validity of the offer may be subject to maximum or minimum quantities. Formally, the Customer submits his offer at the time his payment is approved. The sale shall be accepted – and the contract concluded (subject to the conditions of termination set out in Articles 10 to 12) – only from the moment MAC sends the Order Confirmation to Customer.
MAC reserves the right to refuse an offer at its own discretion, without being obliged to state the reasons therefor.
The data recorded by MAC and the data recorded by the payment system shall constitute irrefutable proof of the orders and financial transactions.
Article 5 – Prices
Prices are expressed in Swiss Francs (CHF) including VAT.
Preparation and delivery costs are invoiced in addition, in accordance with the indications mentioned in the Order Confirmation.
The prices indicated on the Site are valid only on the territories of Switzerland.
MAC reserves the right to change its prices at any time. Only the price indicated in the Order Confirmation is valid.
Article 6 – Payment
See indications mentioned in the Order Confirmation.
Article 7 – Delivery
Preparation and delivery costs are those mentioned in the Order Confirmation.
Products are shipped to the delivery address indicated by the customer at the time of ordering. Customer is solely responsible for the accuracy and currency of the address it provides to MAC. We assume no responsibility in the event that a product delivery is not successful due to incorrect, partial or outdated information.
The risk in the shipment of the goods shall pass to the customer upon delivery by MAC to the carrier of its choice.
In the event that a package is returned to MAC by the carrier following an unsuccessful delivery (e.g. if postal deadlines are exceeded, recipient’s address is incorrect, etc.), the customer will be notified by e-mail sent to the address he/she indicated in his/her profile or when placing the order. If the customer does not respond within 3 months of the e-mail being sent, the order will be cancelled. MAC is then released from its obligation to deliver the goods and the amount paid by the customer is retained by MAC as a contractual penalty, in order to settle all accounts and claims in connection with the order concerned.
The transport costs and risks involved in returning an unclaimed package (including in the event that the carrier does not leave a notice of delivery) and/or in any reshipment shall be borne exclusively by the customer, as shall the risks involved in storing the returned goods. Prior to any reshipment, MAC may require Customer to pay the related costs.
MAC will use its best efforts to ensure that ordered products (the sale and payment of which are finalized on the platform) are delivered as soon as possible, generally within 3 to 5 working days. However, this period is purely indicative and non-contractual.
In case of inability to deliver the product due to an error in the management of the online stock, MAC undertakes to inform you as soon as possible so that the Internet user can be reimbursed without delay and at the latest within 14 days of the payment of the sums he has paid.
Article 8 – Customer’s right of revocation (in general)
The Customer may revoke his order under the following conditions (cumulative):
– The customer shall send a request to the Customer Service Department by means of the appropriate form or by email to info@metalartconcept.com, stating the intention to revoke the order. The request must be received by MAC within 10 calendar days of delivery of the goods.
– The goods must not have been used or even unpacked. The goods must be in new condition, fit for resale.
– The goods must be returned to MAC as instructed, at Customer’s sole expense, in their original packaging, accompanied by their complete documentation and any accessories.
Article 9 – Customer’s right of revocation (in case of late delivery)
In the event of late delivery, Customer may revoke its order under the following (cumulative) conditions:
– MAC has not shipped the ordered goods (date of delivery to the carrier) within 15 Working Days from the date of sending the Order Confirmation;
– The Customer has sent his request to the Customer Service by means of the ad hoc form, or by email to the following address info@metalartconcept.com, mentioning his intention to revoke his order, at the latest 20 Working Days after the date of sending the Order Confirmation.
– The Customer’s request shall reach the Customer Service at least 24 hours before the ordered product has been handed over to the carrier for delivery.
Article 10 – Metalartconsept Sàrl’s right of revocation
After the conclusion of the contract, MAC is entitled to cancel an order, not yet delivered, at any time and without having to give reasons to the Customer.
Article 11 – Consequences of cancellation
In the event of cancellation in accordance with articles 8, 9 or 10, the advance payment made by the customer (excluding preparation and delivery costs) shall be reimbursed to the customer in cash or, at MAC’s discretion, by means of a credit note. The reimbursement shall be made in full and final settlement of all claims.
Only claims related to the full refund of the advance payment in cash or in the form of a voucher shall be due (excluding preparation and delivery costs and without interest). The customer shall not be entitled to claim any additional damages from MAC.
In the event of revocation due to late delivery (Article 9) or exercise of MAC’s right of revocation (Article 10), MAC shall be released from its obligation to deliver the goods.
Article 12 – Warranty for defects
The Customer has the obligation to check the delivered goods upon receipt of the order.
It is the Customer’s responsibility to ensure that there are no apparent defects at the time of delivery (product delivered that does not correspond to the product ordered, incomplete product, etc.).
In case of apparent defects, the Customer (or any other person receiving the goods for him) must indicate it by email to the following address info@metalartconcept.com. In the absence of such a reservation, the said defects will be considered as accepted.
With respect to defects that are not apparent at the time of delivery, the Customer must notify Customer Service of any defects within 3 working days of becoming aware of the defect, failing which the defect will be deemed accepted. The procedure in Article 13 applies to returns.
In the case of the purchase of several products (batch of products), the defective nature of a product and its possible replacement or the impossibility of shipping it does not invalidate the entire purchase contract. MAC manages the order of each product independently.
Article 13 – Return procedure
In the event of a general revocation request (Article 8) or defect (Article 12), the customer must obtain a return authorization from the Customer Service Department prior to any return of goods. No merchandise will be accepted without prior acceptance and validation of the return by MAC.
Upon receipt of the return authorization, the customer has 7 working days to return the goods to the address indicated by MAC. Failure to comply with MAC’s instructions, or exceeding the above-mentioned period, will result in the return being refused and no refund from MAC will be due. Returns must be made in the original packaging and signed for.
Customer shall bear the sole risk of the return of the goods. Except in the case of a justified return due to a defect (article 12), the return costs are to be paid by the customer.
For further information, you will find all practical information in our documentation “returns policy”.
Article 14 – Contact details
To contact the Customer Service :
- By means of the Contact Form or by writing to the address
Article 15 – Summaries of the GTC
Any summary or extract of the GTC expressed on the site www. metalartconcept.com does not constitute the GTC and does not form part of it. Only the T&Cs are authentic. These summaries are for popularization purposes only and are not contractual. The Customer shall not be entitled to rely on them.
Updated in January 2022
The Terms and Conditions of Sale are protected by copyright. MAC prohibits any reproduction, distribution or other use of its T&Cs, whether or not in modified form, and MAC reserves the right to prosecute any unauthorized use of the T&Cs.
