Terms of Sales

Preamble

These general conditions of sale apply to all sales concluded on the website Biwell.ch.

The company's contact details are as follows:

Website : Biwell.ch

Company Name : Bewell

Address : to be completed

Mail address : email

Business registration number: to be completed

The main characteristics of the products and in particular the specifications, illustrations and indications of dimensions or capacity of the products, are presented in the seller's catalogs. The photographs and graphics presented are not contractual and cannot engage the seller's responsibility. The customer is required to refer to the description of each product in order to know the essential properties and particularities.

Product offers are within the limits of available stocks.

In accordance with the introductory article of the Consumer Code: any digital content is understood as : Any good body furniture which incorporates digital content or digital service or which is interconnected with such content or such service, such as the absence of this digital content or this digital service would prevent the good from performing its functions .

The Customer declares that they have read and have accepted the general conditions of sale prior to the placing of his order. The validation of the order is therefore worth acceptance of the general conditions of sale.

Article 1 - Principles

These general conditions express all the obligations of the parties. In this sense, the customer is deemed to accept them without reservation.

Apply to the exclusion of all other conditions these general conditions of sale, and in particular those applicable for store sales or by marketing or other distribution circuits.

They are accessible on the biwell.ch website and will prevail, if necessary, on any other version or any other contradictory document.

The buyer and the seller agree that these general conditions govern their relationship exclusively. The seller reserves the right to punctually modify its general conditions, which will be applicable as soon as they are put online.

If a sales condition were to be lacking, it would be considered to be governed by the uses in force in the distance selling sector whose companies have their headquarters in Switzerland.

Article 2 - Contents

Object. The purpose of these General Conditions is to define the rights and obligations of the parties as part of the online sale of goods offered by the seller to the buyer, from the website Biwell.ch.

Ability. The use of the site to place an order presumes the and acceptance of all the terms of these general conditions. The Customer declares that they are of age and able to contract under the law of his country or declare, under a valid mandate, the person for which he makes the order.

CGV acceptance. The Customer declares that they have read the general conditions and have accepted them before any purchase, which implies unreserved membership in these General Conditions of Sale. By this acceptance, the Customer acknowledges that he benefited upstream from any order, information and sufficient advice from the company, allowing him to ensure the adequacy of the content of his order to the needs which are his. These general conditions constitute all of the rights and obligations of the parties within the framework of their contractual relationship.

Unless otherwise proof, the data recorded by the site constitutes proof of all the facts, acceptance and transactions.

The purpose of these General Conditions is to define the rights and obligations of the parties as part of the online sale of goods offered by the seller to the buyer, from the website Biwell.ch.

Article 3 - The order

The buyer has the possibility of placing his order online, from the online catalog and by means of the form which appears there, for any product, within the limits of available stocks.

The buyer will be informed of any unavailability of the product or the property ordered.

In order for the order to be validated, the buyer will have to accept, by clicking in the indicated location, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.

The sale will be considered final:

- After sending the buyer to confirm the acceptance of the order by the seller by email;

- and after collection by the seller of the full price.

Any order incorporates the acceptance of prices and the description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees below mentioned.

In some cases, in particular defect of payment, erroneous address or other problem of the buyer, the seller reserves the right to block the buyer's order until the problem is resolved.

For any questions relating to the follow -up of an order, the buyer can send an email to the seller at the following email address: email

The digitized registers, kept in the company's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of order orders and invoices is made on a reliable and durable support that can be produced as proof.

Article 4 - Pre -contractual information

The buyer acknowledges having been aware, prior to the placing of his order and the conclusion of the contract, in a readable and understandable manner, of these general conditions of sale and all the information listed in article L. 221- 5 of the Consumer Code.

Are transmitted to the buyer, in a clear and understandable manner, the following information:

- the essential characteristics of the property;

- the price of the property and/or the method of calculating the price;

- if applicable, all additional transport, delivery or postage costs and all other possible costs due;

- in the absence of immediate execution of the contract, the date or period at which the seller undertakes to deliver the property, whatever his price;

- information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, those relating to legal guarantees, the functionalities of the digital content and, if necessary, its interoperability, existence and the terms of implementation of guarantees and other contractual conditions.

Article 5 - Electronic signature

The online supply of the buyer's bank card number and the final validation of the order will be worth proof of the buyer's agreement:

-ESSEMBLIBILITY OF SUMMERS DUE UNDER OF THE CONTROL PLACE;

-Signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is observed, to contact the seller at the following email address: Mail

Article 6 - Order confirmation

The seller provides the buyer with an order confirmation, by electronic messaging once the payment is made.

Article 7 - Proof of the transaction

Computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as evidence of communications, orders and payments between the parties. The archiving of order orders and invoices is made on a reliable and durable support that can be produced as proof.

Article 8 - Product information

The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold by the seller. They are offered within the limits of available stocks.

The products are described and presented with the greatest accuracy possible. However, if errors or omissions have been able to occur as for this presentation, the seller's responsibility could not be engaged.

Products sold on the store Biwell.ch are manufactured using components produced in France, Switzerland (add country).

All of the products sold on the store Biwell.ch are assembled in Switzerland and will be shipped from Switzerland.

Product photographs are not contractual.

Article 9 - Price conditions

The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force indicated at the time of the order, subject to availability on this date.

Prices are in euros.

The customer purchasing a product sold all taxes included (TTC) will see a price taking into account the VAT applicable on the day of the purchase of the product. Any change in the applicable VAT rate is reflected in the price of products. In the event that the company benefits from a franchise in VAT, it can legitimately invoice its products excluding tax (HT).

In the event that a customer located in a country of the European Union is claimed payment of VAT to receive his order, the latter must inform the seller before paying the sums claimed by the carrier or the customs administration , so that he can legitimately unlock the situation for the customer.

If the Customer has nevertheless paid cost related to customs clearance such as VAT, customs duties or other record costs, the Customer may request a refund only of VAT and customs duties, on the sole condition that the Customer provides a admissible proof of payment thus acquitted.

For purchases for countries located outside the European Union, import costs such as VAT or customs duties will be borne by the customer. The seller cannot be held responsible for any additional cost related to customs clearance or other import costs.

Article 10 - Method of payment

This is an order with payment obligation, which means that placing the order implies a buyer's payment.

To pay his order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees the seller that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form. The Seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization to pay by bank card on the part of the organizations officially accredited or in the event of non-payment. The seller reserves in particular the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially set a previous order or with whom a payment dispute would be being administrated .

Payment of the price is made in full on the day of the order, according to the following terms:

Bank card (visa, mastercard, American Express via Payplug)

Special offers and discount vouchers. The company reserves the right to offer launch offers limited in time, promotional offers or price reductions on its products and revise its offers and prices on the site at any time, under the conditions provided by law. The applicable prices are those in force at the time of purchase of the product by the customer, which cannot claim other prices, previous or after its purchase. The coupons can be subject to special conditions and remain strictly personal to their beneficiary and usable only once.

In the event of a payment incident and/or fraud. The company reserves the right to suspend any processing of the order and any delivery in the event of non-payment or refusal of authorization to pay by bank card from officially accredited organizations. The company reserves in particular the right to refuse to honor an order from a Customer who has not fully or partially settled a previous order or with whom a payment dispute would be in progress.

The company may contact the Customer to request additional documents to execute the payment of the order. The company can rely on the information provided by the order analysis system. The provision of the documents requested is necessary to confirm the order by the company. In order to fight against the fraud to the credit card, a visual verification of the means of payment can be carried out by the company before delivering the product. In the event of fraudulent use of his bank card, the customer is invited, as soon as this use is observed, to contact the company, without prejudice to the procedures to be carried out by the customer with his bank.

Default or delay in payment. The interests and penalties provided by law apply in the event of a defect or delay in payment of the consumer or professional customer.

Article 11 - Product availability - Refund - Resolution

Except in case of force majeure or during the closing periods of the online store which will clearly be announced on the site's home page, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

The delivery methods will be specified to the buyer on a case -by -case basis.

In the event of non-compliance with the agreed date or delivery time, the buyer must, before breaking the contract, enjoin the seller to execute it within a reasonable additional time.

In the absence of execution at the expiration of this new period, the buyer may freely break the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by a writing on another sustainable medium.

The contract will be considered to be resolved upon receipt by the seller of the letter or the writing informing him of this resolution, unless the professional has executed in the meantime.

The buyer may however immediately resolve the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.

In this case, when the contract is resolved, the seller is required to reimburse the buyer of all the sums paid, at the latest within 14 days of the date on which the contract was denounced.

In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will be able to cancel his order. The buyer will then have the choice to request either the reimbursement of the sums paid within 14 days at the latest of their payment, or the exchange of the product.

Article 12 - Delivery methods

Delivery means the transfer to the consumer of physical possession or the control of the property. The products ordered are delivered to the buyer by the supplier of the seller according to the terms and time specified above.

The products are delivered to the address indicated by the buyer on the order form, the buyer must therefore ensure his accuracy. Any package returned to the seller because of an erroneous or incomplete delivery address will be re -expressed at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the delivery man will leave a passing notice in the mailbox, which will allow the package to be removed at the place and time indicated.

If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reserve on the delivery slip (parcel refused, because open or damaged).

The buyer must indicate on the delivery slip and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged packages, broken products ...).

This verification is considered to be carried out as soon as the buyer, or a person authorized by him signed the delivery slip.

The buyer must then confirm by registered mail these reservations to the carrier at the latest within two working days of receipt of the articles (s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the mentions site's legal.

If the products require to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made out of this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions ...).

The products are to be returned to the following address:

The company's contact details are as follows:

Postal address + Bewell

See our return and reimbursement policy page.

The product will be delivered within a maximum of 30 days.

The products are offered for sale and delivered within the limits of available stocks. In the event of unavailability of the product ordered, the customer will be immediately informed by the company who may offer him a product of quality and an equivalent price or, failing this, will reimburse the order if the customer is a consumer. Apart from the reimbursement of the price of the unavailable product, the company is not required for any cancellation compensation, unless the non -performance of the contract is personally attributable to it.

The return costs are the responsibility of the customer.

Article 13 - Delivery errors

The buyer must formulate with the seller the same day of the delivery or at the latest the first working day following the delivery, any complaint of delivery and/or non-compliance of products in kind or in quality compared to indications appearing on the order form. Any complaint made beyond this period will be rejected.

The complaint may be made, at the choice of the buyer:

- By e-mail at the following address: Mail

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 responsibility vis-à-vis the buyer.

Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned (s) and communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.

Article 14 - Product guarantee

14-1 Legal compliance guarantee

The seller is responsible for the compliance of the property sold to the contract, allowing the buyer to make a request under the legal guarantee of compliance provided for in articles L. 217-3 and following of the Consumer Code.

In the event of implementation of the legal guarantee of conformity, it is recalled that:

-The buyer benefits from a period of 2 years from the issuance of the property to act;

-the buyer can choose between the repair or replacement of the property, subject to the cost conditions provided for in article L. 217-17 of the consumer code;

-The buyer does not have to provide proof of the non-compliance of the property during the 24 months in the event of new goods (12 months in the event of second-hand goods), depending on the issuance of the property.

14-2 Legal guarantee of hidden defects

In accordance with articles 1641 and following of the Civil Code, the seller guarantees hidden defects that may affect the property sold. It will be up to the buyer to prove that the vices existed for the sale of the property and are likely to make the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the vice.

The buyer can choose between the resolution of the sale or a price reduction in accordance with article 1644 of the civil code.

Article 15 - Right of withdrawal

Application of the right of withdrawal

The Buyer has a period of 14 days from the date of delivery of his order, to return any article that does not suit him and request the exchange or reimbursement without penalty, with the exception of return costs which remain the responsibility of the buyer.

The returns are to be made in their original and complete condition (packaging, accessories, instructions ...) allowing their new condition in new condition, accompanied by the purchase invoice.

Damaged, salis or incomplete products are not included.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a sustainable medium will be immediately communicated to the buyer. Any other method of withdrawal is accepted. It must be devoid of ambiguity and express the will to retract.

In the event of exercise of the right of withdrawal within the aforementioned period, the Customer must notify his right of withdrawal

By email at the following address: email

The price of the purchased product (s) are reimbursed.

The return costs are borne by the buyer.

The exchange (subject to availability) or the refund will be made at the latest, within 7 days of receipt, by the seller, of the products returned by the buyer under the conditions provided above.

Exceptions

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

- provision of goods whose price depends on fluctuations on the financial market escaping the control of the professional and likely to occur during the withdrawal period;

- supply of goods made according to consumer specifications or clearly personalized;

- provision of goods likely to deteriorate or expire quickly;

- provision of goods which have been unconstruction by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

- provision of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;

- Supply of audio or video recordings or computer software when they were unzore by the consumer after delivery;

- providing a newspaper, periodical or magazine, except for subscription contracts to these publications;

- Supply of digital content not provided on a material medium whose execution began after express prior agreement of the consumer and express renunciation of their right of withdrawal.

The company is not required to reimburse additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the professional.

Article 16 - force majeure

All circumstances independent of the will of the parties preventing execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and lead to their suspension.

The part which invokes the circumstances referred to above must immediately warn the other part of their occurrence, as well as their disappearance.

Will be considered as force majeure all irresistible facts or circumstances, external to the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all the reasonably possible efforts. Expressly, are considered as force majeure or fortuitous cases, in addition to those usually retained by the case law of French courses and courts: blocking of means of transport or supplies, earthquakes, fires, storms, floods, Lightning, stopping telecommunications networks or difficulties specific to external telecommunications networks to customers.

The parties will come closer to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure has a duration of more than three months, these general conditions may be terminated by the injured part.

Article 17 - Intellectual property

The content of the website remains the property of the seller, the only holder of intellectual property rights on this content.

Buyers undertake to make no use of this content; Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

Article 18 - IT and freedoms

The nominative data provided by the buyer is necessary for the processing of his order and the establishment of invoices.

They can be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the terms defined on the site Biwell.ch

Article 19 - Partial non -validation

If one or more stipulations of these General Conditions are held for non -valid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their strength and their scope.

Article 20 - Non -renunciation

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

Article 21 - Title

In case of difficulty in interpretation between any of the titles appearing at the top of the clauses, and any of the clauses, the titles will be declared nonexistent.

Article 22 - Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text is faith in the event of a dispute.

Article 23 - Mediation and settlement of disputes

The buyer can use conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative mode of dispute settlement (conciliation, for example) in the event of dispute. The mediator's names, contact details and email addresses are available on our site.

In the event of difficulty in the execution of the contract, the consumer customer residing in Europe has the possibility, before any legal action, to request the appeal of the mediator of the following consumption:

Mediation

In accordance with article L. 612-1 of the consumer code, the consumer, subject to article L.612.2 of the consumer code, has the ability to submit an amicable resolution request by means of mediation, within a period of less than one year from his written complaint with the professional.

This establishment has appointed, by membership registered under number 31457/VA/2207 SAS Mediation Solution as a mediation entity of consumption.

To seize the mediator, the consumer must make his request:

- either in writing to:

SAS Mediation Solution

222 Chemin de la Bergerie

01800 Saint Jean de Niost

Such. 04 82 53 93 06

- either by email at: contact@sasmediation-conso.fr

- either by filling out the online form entitled "Enter the mediator" on the site https://www.sasmediation-conso.fr

Whatever the means of referral used, the request must imperatively contain:

- postal, telephone and electronic contact details of the applicant,

- The name and address and registration number at SAS Médiation Solution, of the professional concerned,

- A brief presentation of the facts. The consumer will tell the mediator what he expects from this mediation and why,

- copy of the prior complaint,

- all documents allowing the investigation of the request (order form, invoice, proof of payment, etc.)

Article 24 - Applicable law

These general conditions are subject to the application of French law. The competent courts are the French courts.

This is the case for the substantive rules as for the rules of form. In the event of a dispute or complaint, the buyer will primarily aim at the seller to obtain an amicable solution.