General conditions
of sale
If you have any questions, contact us at hello@dinette.ch from Monday to Friday from 09:00 a.m. to 6:00 p.m.
LEGAL NOTICE
Legal Address: Rue de Lausanne 129, 1202 Geneva, Switzerland
Responsibility and Copyrights (including publication and editing of the Website): Andrea Mairos & Laïla Qarbal
Contact details: hello@dinette.ch - Address: Rue de Lausanne 129, 1202 Geneva, Switzerland
Website host: Wix / wix.com Inc. - Address: 500 Terry A François Blvd San Francisco, CA 94158 - Phone: +1 415-639-9034.
SCOPE OF THE GENERAL CONDITIONS
The General Conditions of Sale and Use of the Website (hereinafter "GCS") detailed below govern the relationship between:
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Dînette ("the Website"), Rue de Lausanne 129 - 1202 Geneva
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And the Internet user (hereinafter distinctly referred to as Buyer) who has accepted these GCS.
Dînette is an online shopping platform that sells second-hand decorative objects with a unique style.
The Internet user must read the T&Cs prior to any registration or order (the "Order"), the T&Cs being available on the Website under the "General Conditions of Sale" tab.
Dînette reserves the right to adapt or modify these T&Cs at any time. The applicable version of the T&Cs being the one appearing online on the Website at the time of Registration or the Order.
Consequently, the moment any Buyer checks the box "I agree to the Terms & Conditions and Return Policy" at the time of the validation of the Order on Dînette constitutes an irrevocable and unreserved acceptance of the entirety of the GCS.
PARTIES
The Internet user is the person who visits and browses the Website, whether physical or moral, without having registered there.
The Buyer means the natural or legal person who registers on the Website, buys one or more product(s) on Dînette.ch
ACCESSIBILITY AND UTILIZATION OF THE WEBSITE
Accessibility
The Website is open to all users of the Internet network, in principle accessible 24 hours a day, 7 days a week. Any Internet user is entitled to browse the Website as he sees fit and to share links and information on the social networks of their choice, they must remain within reasonable limits and guarantee good conduct. Any sharing must be accompanied by a link referring to Dînette.ch.
Utilization
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The functioning and exploitation of the Website are managed by Dînette and its service providers.
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Dînette strives to limit any interruption of the Website, scheduled or not, for the purposes of its maintenance or repair of disruptions.
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Dînette does not guarantee that the Website will be free of anomalies, errors or bugs, or that the Website will operate without breakdown or interruption.
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Dînette cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Website.
NEWSLETTER
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The Newsletter (which will take place bimonthly, at most) informs the Internet user and/or Buyer of all news concerning the brand, the Website and/or in the decoration industry. By subscribing, he will receive all the tips, previews and advice.
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Any Internet user can subscribe to the newsletter in the field provided for this purpose by entering a valid email address in his name.
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The Internet user who pays for the Order on the Website, in step 4 "Review & Place Order" will automatically be subscribed to the newsletter. The Internet user who does not wish to receive the newsletter must uncheck the box "Sign me up to the email list".
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The Internet user's subscription to the newsletter is validated by Dînette who will send a registration confirmation through its welcome email.
USE AND PROTECTION OF PERSONAL DATA
Use of Internet users' personal data by Dînette
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The Internet user and/or Buyer accepts the use of their personal data by Dînette, to ensure proper management of their actions on the Website. The Internet user and/or Buyer accepts that Dînette keeps information and records concerning their activity on the Website.
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Dînette reserves the right to use the Internet users’ and/or Buyer’s personal information to send newsletters and promotional emails as well as to process the data collected in order to produce statistics
Protection of Internet users' personal data
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Dînette commits to comply with the applicable clauses related to data protection and to respect the privacy of Internet users and/or Buyer using the Website as well as the confidentiality of their personal data.
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None of the personal data entered by the Internet user and/or Buyer who is registered on the Website will be transmitted to third parties, except between the parties that ensure the smooth running of the Order or communication between the Buyer and Dînette.
TERMINATION
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The Internet users and/or Buyers registered on the Website can cancel their registration at any time by sending an email to hello@dinette.ch
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The Internet user and/or Buyer wishing to unsubscribe from the newsletter can do so directly through one of our emails received, by clicking on "If you think you have received this email by mistake or wish to unsubscribe, please click here" or by sending an email to Dînette at hello@dinette.ch
PRODUCT DESCRIPTION
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Dînette takes the greatest care in the presentation and description of the products in order to best satisfy the Buyer's information but admittingly not knowing exactly the origin of some of these objects, Dînette takes no responsibility if the object turns out to be different to the description.
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The products offered for sale are those described on the Website on the day of consultation of the Website by the User.
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If a product is found on the Website and seems not to comply with the above, the Internet user and/or Buyer can notify Dînette at any point by sending an email to hello@dinette.ch
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Dînette declines all responsibility related to an error in the description, a defect not mentioned, a hidden defect or a non-existent product.
PRICE SETTING
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Product prices are indicated on the Website in Swiss francs (CHF).
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Dînette reserves the right to adapt prices to changes in the market and / or prices.
GUARANTEES
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We do not apply any guarantee on second hand items.
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Dînette does not provide any guarantee for any defect that may result from non-compliance by the Buyer from the misuse and/or maintenance of the delivered goods, to the modifications or the replacement of parts made by the Buyer. Dînette cannot be held responsible for the misuse of any of the objects sold or any harm caused after the purchase of the items.
ORDERS
The act of Ordering from the Website is subject to compliance to the procedure set up by Dînette on the Website comprising the successive steps leading to the validation of the Order.
Cart
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The Buyer can choose as many products as he wishes and can add them directly to his cart (the "Cart").
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The Buyer may freely modify his cart before confirming his Order, so as to ensure and confirm his selection of Products.
Account creation
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When making one or more purchase(s) on the Website, the Internet user and/or Buyer will have the choice to create an account or to continue as a guest. In both cases, he must inform Dînette of some of his personal details by filling in his details on a dedicated form: his first name, last name, email address, full postal address and telephone number so that the order can be delivered.
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By registering on the Website, the Internet user and/or Buyer declares and guarantees to Dînette that he is of legal age and has the legal capacity to enter into a contract.
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When creating an account, the Internet user and/or Buyer must ensure the accuracy and exactness of the data and information he communicates.
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If the Internet user and/or Buyer refuses to comply with any of the stipulations contained in these T&Cs, he must renounce his registration on the Website and to use any of it.
Confidentiality and updating of personal data
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The Internet user and/or Buyer is required to keep their password secret. Dînette cannot be held responsible in the event of fraud on an Internet user's account. In the event of fraud and use of an account by a third party, the Internet user must change his or her identifiers by notifying Dînette in advance by email to hello@dinette.ch
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The Internet user and/or Buyer is required to update his personal information so that it is always correct. They can access and modify their personal data at any time in “My Account”.
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In the event of an error in the wording of the communication details (email or postal address, telephone), Dînette cannot be held responsible for the poor progress of the Order during a sale.
Payment Method
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The products are invoiced on the basis of the rates in effect at the time the order is placed
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The products are payable in cash when ordering
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Payment for purchases is made by credit card only.
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In the event of payment by credit card, the Buyer expressly acknowledges that the communication of his credit card number to Dînette constitutes authorization to debit his Account up to the price of the products ordered. Where applicable, an Order cancellation notification for non-payment is sent to the Buyer by Dînette to the email address provided by the Buyer when registering on the Website.
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Information collection is carried out by WIX, authorized as a PCISS body. This information is saved with the Buyer's consent, and used on the PostFinance server to send the order. The payments made are secured by a data encryption procedure to prevent the interception of this information by third parties. Under no circumstances does Dînette have access to Buyers' bank details.
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Delivery costs are not included in the sale price of the products and are displayed in the basket only for Switzerland.
Order
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Once the Internet user and/or Buyer has entered his bank details and finally checked the box "I accept the Terms and Conditions and Return Conditions", he must then click on "Order and pay" to validate his Order.
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According to art. 184 ff of the Swiss Code of Obligations (CO), the validation of the Order constitutes confirmation of the Buyer's acceptance of the T&Cs, the products purchased, their price and the associated costs.
Order confirmation
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To this end, the Internet user and/or Buyer formally accepts the use of electronic mail for confirmation by Dînette of the content of his order.
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Once the order has been received, Dînette will send an email to Buyer summarizing the Order made (products, price).
DELIVERIES
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Once the Order has been paid and validated, Dînette will send the package within 5 to 10 working days with the service provider of its choice.
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Once the Order has been sent, the Buyer will receive an email from Dînette summarizing the Order (products, price) as well as the tracking number so that the Buyer can track the package.
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Delivery costs are included in the total price of the sale (added to the price of the item in the last step of the purchase). They include the transport of the goods door to door for localities regularly accessible by road. Transport by funicular, cable car etc. are in principle not included and are invoiced additionally.
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Dînette is not responsible for the condition / non-conformity of the package as well as the items contained once the package has been received. You have up to eight days after delivery to report the damage at your nearest Swiss Post branch. Please bring the parcel or the letter with confirmation of receipt (for example “Registered”) with you, including the contents, so that we can assess the damage and complete a damage report. We will then check whether you are entitled to compensation. This applies to both domestic and international parcels. For more information please click here
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Dînette proposes two types of deliveries depending on the Buyer's preference:
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Standard delivery: 5-10 working days (shipments on Monday and Thursday)
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Express delivery: On the next working day - up 2 working days (normal parcel delivery, shipments from Monday to Friday)
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La Poste is liable for damage resulting from loss of damage or incorrect delivery up to 1'500 CHF.
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Deliveries are only possible within Switzerland.
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Delivery is made by La Post CH AG if the parcel weighs less than 10 kilos.
The receiver
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Delivery is made to the delivery address indicated by the Buyer, it being specified that this must be the residence address of the Buyer, a natural person of his choice or of a legal representative (delivery to companies are possible).
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The items are only delivered in quantities customary for a household, and only to the end consumers.
RETURNS AND REFUNDS
Product return and refund
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Dînette is not responsible for the condition / non-conformity of the package as well as the items contained once the package has been received. You have up to eight days after delivery to report the damage at your nearest Swiss Post branch. Please bring the parcel or the letter with confirmation of receipt (for example “Registered”) with you, including the contents, so that we can assess the damage and complete a damage report. We will then check whether you are entitled to compensation. This applies to both domestic and international parcels. For more information please click here
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However, for all other questions, you can contact Dînette by email at hello@dinette.ch within 24 hours of receiving your package. We will do our best to assist you.
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We do not accept any returns.
Return and refund deadline
If possible and once confirmed by Dînette, the Buyer will receive a full refund within 3-5 business days of reaching Buyer's credit card / bank account, depending on the financial institution.
CANCELLATIONS
Swiss law does not provide for any withdrawal period or other right of return for electronic commerce once the order has been placed.
Time limit for the right to cancel
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On the Dînette Website, any Buyer has 24 hours to cancel the Order by sending an email to hello@dinette.ch
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At the end of this 24-hour period, the Buyer will no longer be able to benefit from this right of cancellation.
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If possible and once confirmed by Dînette, the Buyer will receive a full refund within 3-5 business days of reaching Buyer's credit card / bank account, depending on the financial institution.
RIGHTS AND OBLIGATIONS
Obligations of the Internet user
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The Internet user agrees to browse and use the Dînette.ch Website in accordance with the law and the contract.
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The Internet user is fully responsible for the data he transmits and bears all the risks that may arise as a result of manipulation on his computer system, and / or misuse of access rights.
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The Internet user has in no way the right to transfer the contractual link with Dînette to a successor without Dînette's written consent.
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During a sale, the two contracting parties undertake to comply fully and within the time limits set out in the obligations arising from the sales contract.
Dînette’s Rights and Obligations
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Dînette commits to respect the privacy and personal data of Internet users registered and using the Website and commits to respect the confidentiality of the information provided during their registration
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Dînette is liable in the event of intent or grave negligence towards an Internet user.
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If, despite all the care taken, Dînette is unable to fulfill its contractual obligations due to a case of force majeure such as natural disaster, armed conflict, strike, unforeseen restriction on the part of the authorities, technical disturbance attributable to third parties, the Internet user is not entitled to demand performance of the contract as long as the event in question lasts. Dînette will do its best to warn the Internet user or Buyer of these interruptions and the resumption of contractual relations.
APPLICABLE LAWS
This contract is exclusively governed by Swiss law, to the exclusion of private international law. The place of performance and the exclusive place of jurisdiction are at Dînette’s head office, in Geneva.
Dînette is authorized to sue the customer in the courts of his Siege / Residency.
PROPERTY
Property of ownership
The goods remain our property until payment has been made in full. In the event of non-compliance with the payment conditions, Dînette is entitled to assert the right of ownership by taking back the delivered goods. Expenses incurred and shipping costs are the responsibility of the Internet user and / or Buyer.
Photo ownership rights
All the property rights of the photos are held by Dînette. Without a written and signed agreement, any use of it is strictly prohibited.