General Terms and Conditions

Introduction

This website is operated by GENTLETOUCH SARL. The following terms “we”, “ours”, refer to GENTLETOUCH SARL. These Terms and Conditions create a contract between you and GENTLETOUCH SARL (the “Agreement”). Please read the Agreement carefully. This Agreement governs your use of this website including, but not exclusively, the General Terms and Conditions, Data protection Policy, Customer Policy, the information on display, as well as all the it offers.

By visiting our website and/or buying any product available, you accept the use of our “Services” and therefore, accept the following Agreement which includes our Data protection Policy, and our Customer Policy, which are available following the associated links. All users are subject to these General Terms and Conditions including but not exclusively, users navigating on the website, sellers, clients, merchants, and/or content contributors.

You may not benefit from our Services on this website if you choose to refuse our General Terms and Conditions. To confirm your understanding and acceptance of the Agreement, click “Agree” whilst ordering a product on this website.

Modifications of the General Terms and Conditions

You may check, at all times, our most recent version of the General Terms and Conditions, available on this page.

However, we reserve the right, solely at our own convenience, to modify, adapt or replace on our website, in full or in part, our General Terms and Conditions.

Using our services

All services provided by GENTLETOUCH SARL on our online shop are subject to the present General Terms and Conditions (https://gentletouch.ch), and are enforceable as of the conclusion of a Contract with you.

You understand that the personal information you provide on our website (excluding information related to your credit card) may be transfered in a non-crypted way, which may include, transmission through different netword; chages to update to the technical requirement for connection with network and devices. The information related to credit card are always crypted and securized during the transmission to networks.

You accept not to reproduce, duplicate, copy, sell, resell, use, all or in part, of our Service or use of our Service, or any access to our Service or contact on our website, without prior express authorization from us.

General Terms of Use

Our products and services are exclusively available on our website. These products or services may be available in limited quantities and can be returned, exchanged or refunded, accordingly to our Customer Policy.

We have done our best to display as clearly as possible the colors and images of our products online.

We reserve the right, to limit the sales of our products or our services to any person, and in any region in the world or jurisdiction. We reserve the right to limit the quantity of any product or service available. Any product description or price may be modified at all times, solely to our discretion, without prior notice. Prices are clearly identifiable and appear next to each product. The user understands, that this specific product is sold for this price, regarding the previous disposition. Furthermore, while finalizing his order and payment method, the user accepts the price displayed on our website. We reserve the right, at all times, to cease the offer of a product. If any offer of service or product contravenes legal prescriptions, it is considered void.

We do not guarantee that your expectations will be satisfied regarding our products, services, information, or any other merchandise purchased or obtainedon our website.

Check-out process

All information available on products and prices within the check-out process are, non-binding and subject to confirmation. GENTLETOUCH SARL has to accept your order, hence you shall be bound to a sales contract. We shall confirm the availability of the products you ordered once you are checking-out on our website. A confirmation e-mail is sent after each order. Our delivery dates indicated on our website are approximate terms. We shall do our best to deliver the ordered product within a reasonable term. In the event of unexpected event or delay, we shall inform you as soon as possible, via e-mail. When you confirm your order via our check-out process, you acknowledge that you understand what you ordered. Please don’t hesitate to contact us if any question should arise.

Information available on our website

We are not responsible if the information available on our website is inaccurate, incomplete or not up to date. We are not bound to update, modify nor clarify any information displayed on our website or any affiliated website, including but not exclusively, price information, except if subject to a legal obligation. The content of this website is given solely on an indicative basis and should not be your only source of information in order to take a decision. Prior to consulting our content, you should check accurate, complete and up to date sources of information. If you decide to rely only on the content displayed on our website, you do so at your own risk and peril.

Some information on our website or provided by our Service may contain typographic errors, inaccuracies or omissions related to product description, price, promotions, sales, offers, delivery fees, delivery deadlines or product availability. We reserve the right to correct any error, inaccuracy, omission and to change or update information or cancel orders if any information provided by our Service or on any other affiliated website is inaccurate, without prior notice and at all times (including after you have proceeded to the check-out of your order).

Any precise date of update within our Service or on any other affiliated website should not lead to the conclusion that information within the Service or on any other affiliated website is modified or up to date.

Customer Service

GENTLETOUCH SARL reserves the right to dispose, for marketing use (newsletter and other information), and customer satisfaction enquiry (customer feedback), e-mail addresses and phone numbers provided during the check-out.

You may send us an e-mail at [email protected], or untick the box stating “I allow Gentletouch Sàrl to contact me by e-mail for marketing use (newsletter and other information) and customer satisfaction enquiry (customer feedback)” in your account settings on https://gentletouch.ch/myaccount/ , in order to refuse receiving unwanted solicitations from us.

Upon purchase, GENTLETOUCH SARL will automatically send an e-mail, asking clients to rate the product bought. GENTLETOUCH SARL reserves the right to use them, as of any evaluation (without asking via e-mail), for marketing purpose.

Accuracy of account information given regarding invoicing

You accept to give up-to-date, complete, and accurate information regarding your order and your account, for any order or purchase on our online shop. You agree to update, as soon as possible, your account and other information, including your e-mail address, your credit card information and expiration date, in order to allow us to contact you if needed, and complete your purchase.

We reserve the right to refuse any purchase made on our website, to cancel or reduce the quantities bought per person, per household or per order. We reserve the right to limit or forbid any order, at our own appreciation, that may come from merchants, retailers or distributors. These restrictions may include orders done by the same or different client account, the same credit card, and/or orders that use the same billing address and/or delivery address.

If we modify or cancel your order, we may try to warn you by contacting you via your e-mail address and/or billing address/phone number provided when the purchase was made.

Order process, conclusion of the contract

The price displayed on our website are indicative and represent, an offer from a legal perspective. Our products are available within the limits of our stocks. This Agreement has to be accepted before you confirm your order. You may do so by clicking on “I Agree” and acknowledge that you have read and understood our General Terms and Conditions. These General Terms and Conditions are fully integrated in the contract between the customer and GENTLETOUCH SARL.

Price

All our prices on https://gentletouch.ch include the VAT of your country (in Switzerland (7.7%), in France (20%), in Spain (21%)) and exclude delivery fees. Delivery fees are displayed on your basket before you proceed for check-out.

GENTLETOUCH SARL reserves expressly the right to modify, at all times, online prices, without prior notice. The date of the order shall prevail regarding the effective price. We reserve the right, at all times, to modify or interrupt our Service (in full or in part), without prior notice.

Payment method 

Payment transactions are provided by Stripe and are encrypted in accordance to the security regulations of data established by the credit card industry. The following payment method are available :

  • Paypal,
  • Credit card.

Shipping

The shipping of your product is usually done via postal services. In Switzerland, the usual shipping term is 1 to 5 business days, subject to other terms for a specific product. These details are without warranty.

Shipping terms vary for International deliveries your country of residence.

Within the EU, we use DPP services for shipping, which means that you do not have to pay additional fees or custom fees. Outside the EU, EEA, Schengen area, additional taxes and custom fees may apply, and have to be paid solely by the client.

If the client does not give a correct home address or an address where the postal service is unable to deliver to, then, the return fees charged by the postal service, have to solely be paid by the client.

In the event of exceptional unavailability of a certain product, we shall promptly inform you via e-mail. GENTLETOUCH SARL reserves the right to proceed to a partial shipment, if it appears to be an appropriate answer regarding the logistic management of the entire order. In this case, you will not be charged with additional fees, when we will send the rest of your order. 

Return policy, right of withdrawal, cancellation process and remedies

For further information, please our Return Policy:

Personal information and Data protection Policy

The submission of your personal data on our online shop is governed by our Data protection policy, which you can read at the following link: https://gentletouch.ch/privacy-policy/

Liability and Responsibility In general

GENTLETOUCH SARL is expressly not liable for any indirect or collateral damage alleged by the client, unless the damage caused by GENTLETOUCH SARL are intentional or gravely neglectful. For instance, damage due to accidents etc., or resulting from the handling of the product are solely, under the client’s responsibility.

Guarantee and guarantee coverage

Guarantee for our product respects the usual legal prescription and last 24 months if a longer or shorter guarantee period is not expressly specified for the delivered merchandise. Within 14 days upon delivery date or the damage occurrence, you must announce promptly and with due diligence to us, any case of defective product. Otherwise, your claim in guarantee shall be null and void. Your guarantee right is valid as early as the delivery date.

In the event, in particular, of incorrect or unsuitable use of the products offered by GENTLETOUCH SARL, the right to guarantee ceases. Furthermore, our products are subject to natural degradation over time, when used normally. Hence, you may not use your guarantee in these cases.

GENTLETOUCH SARL reserves the right to decide whether or not the guarantee shall apply in each case. Discounted articles are not subject to guarantee.

Minor changes to the template

Minor changes may appear regarding the conception of the product and the final merchandise. This does not affect the quality of our products. GENTLETOUCH SARL is not responsible for any minor changes applied by suppliers or manufacturers.

Care / Correct use

GENTLETOUCH SARL is not liable for client’s wrongdoing or wrongful acts perpetrated during care or manipulation of the delivered products

Some information on our website or within our Service may contain typographic errors, inaccuracies or omissions regarding the description, prices, promotions, offers, shipping fees, delivery terms, and availability of products. We reserve the right, at all times and without prior notice, to correct any error, inaccuracy, omission and to modify or update any information or cancel any order, if an information within the Service or on any affiliated website is inaccurate.

We are not bound to update, modify or clarify any information within the Service or on any affiliated website, including but not exclusively, price information, unless required by law. Scheduled updates or maintenance dates on our website or on any affiliated website, is solely an indication and, the client should not conclude that the information on our website or on any affiliated website has been updated

Forbidden purpose

In addition to illegal infringement in accordance with our General Terms and Conditions, you are forbidden to use the website or its content:

(a) for illegal use; (b) to encourage third parties to commit illegal acts or participate in them; (c) to violate any international, national, regional legal prescription or law; (d) to violate or attempt to violate our intellectual property rights or third parties intellectual property rights; (e) to harass, batter, insult, harm, defame, slander, denigrate, intimidate or discriminate anyone because of their sex, sexual orientation, religion, ethnic origin, race, age, origin, or handicap; (f) to submit false or misleading information; (g) to upload or transfer viruses or any other type of malevolent code that will or may be used to compromise the use or the functioning of our Service or of any affiliated website, independent or of Internet; (h) to gather and follow third parties personal information; (i) to spam, phish, hijack a web domain, extort information, browse, explore the web (or any other resource); (j) for pornographical or obscene purpose; or (k) to violate or circumvent security measures or our Service or any other website or Internet.

We reserve the right to terminate with immediate effect this Agreement and the use of our Service or of any related website, if you violate the present Agreement and/or legal prescriptions.

Guarantee exclusion and liability limitation

We do not guarantee or claim that your use of our Service will not be interrupted, fast, secure or without error.

Third parties link

Some of our content, product and service available on our website may include elements provided by third parties.

Links appearing on our website may lead to third parties websites that are not affiliated with us. We are not bound to examine or evaluate the content nor the accuracy of these websites, and we do not guarantee and are not liable regarding any content, website, product, service or any other element available on or from these third parties websites.

Comments, suggestions and others tips from users

If you are asked by GENTLETOUCH SARL, or decide on your own, (for e.g. participate in a contest), or send creative ideas, suggestions, propositions, plans, or any other element, online, via e-mail, via letter, or any other mean (“comments”), you allow us to edit, copy, publish, distribute, translate and use as we please, and through any other media any comment that you may send.

We are not and shall not be bound to (1) guarantee the confidentially of the comments; (2) pay any compensation to anyone for any submitted comment ; (3) answer to comments.

We may, but are not bound to, at our sole appreciation, monitor, modify or delete any content that we believe is illegal, offending, threatening, insulting, defamatory, pornographic, obscene, or any other reprehensible act, or any other act that violates intellectual property rights or these General Terms and Conditions.

You agree to write comments that do not violate third party’s rights including, copyright, trademark, confidentiality, personal rights, or any other personal right or ownership right. You agree as well that, your comments won’t be illegal, defamatory, offending or obscene, and that they will not contain any virus or any other malware, that may affect in any way our Service’s functioning or any affiliated website.

You may not use a false e-mail address, pretend to be someone else, or try to mislead us or/and any other third party regarding the source of your comments. You are entirely liable for any comment that you publish as well as their accuracy. We are not responsible and waive any pledge regarding comments that you, or a third party publishes.

Law and place of jurisdiction

Contractual relationships between GENTLETOUCH SARL and the client are governed by Swiss law in accordance with legal dispositions of the Code of obligations (CO) and the Civil Code (CC). Place of jurisdiction is Orbe (VD), in Switzerland.

Severability

If a disposition of the present General Terms and Conditions is judged by a court, illegal, null, or inapplicable, this disposition may still apply within the full legal range, and, the part of the disposition declared void, shall be considered as severed from this Agreement. This severability will not affect the validity and applicability of the rest of our General Terms and Conditions.

Termination

These General Terms and Conditions are effective, unless and, until parties convene of termination. You may terminate this Agreement, any time, by writing to GENTLETOUCH SARL that you do not wish to use our Services, or by stopping to use our website.

Agreement in full

Any misconduct from us regarding the use or application of any legal disposition or any disposition within the General Terms and Conditions, does not constitute a waiver for this legal disposition or contractual disposition.

These General Terms and Conditions or any other Policy or any operational disposition that we publish on this website or is included in our Service, replaces any communication, proposition and agreement prior and actual, written or spoken, between you and us (including, but not exclusively, to any previous version of these General Terms and Conditions).

Contact

Any question regarding these General Terms and Conditions must be sent at the following address : [email protected].