General Terms and Conditions of Sale (GTCS)
General conditions of sale for products sold on bymetanoia.ch
Last updated on 25/10/22.
Article 1 – Purpose
The present General Terms and Conditions of Sale (hereinafter: GTCS) govern the sales by Metanoïa SA, located at Quai Gustave-Ador 18, 1207 Geneva, Manufacture of clothing, to any person (hereinafter: the “Buyer”) who places an order on the bymetanoia.ch website.
All orders placed on bymetanoia.ch are subject to these GTCS, without exception or reservation.
Metanoïa reserves the right to modify these Terms and Conditions at any time.
Article 2 – Prices
The prices of our products are indicated in Swiss francs and in euros, all taxes included (VAT and other taxes applicable on the day of the order, public taxes, copyright fees, advance disposal contributions and non-optional supplements of all kinds).
Shipping and handling costs are listed separately. They are added to the sales price. Benefits such as discounts or reductions are also identified separately.
Once the order is validated, the price cannot be changed.
Metanoïa reserves the right to change, at its sole discretion and at any time, the price of products. The product will be invoiced on the basis of the tariff in force at the time of the validation of the order and subject to availability.
- Delivery zone: Switzerland
In case of an order to a country other than Switzerland, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall under the jurisdiction of Metanoïa. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the relevant authorities and bodies in your country. We advise you to check with your local authorities about these aspects.
All orders, regardless of their origin, are payable in Swiss francs.
Article 3 – Orders
You can order on the website: https://bymetanoia.ch
Metanoïa reserves the right not to register a payment and not to confirm an order for any reason whatsoever, particularly in the event of a supply problem or in the event of difficulties concerning the order received.
By placing an order, you declare that you have full civil rights. Minors or persons under guardianship must, prior to any purchase, provide written authorisation from their legal representative or guardian before they can place an order.
Article 4 – Confirmation of your order
The fact of validating your order (button “order”) implies for you the obligation to pay the price indicated.
All the data provided and the recorded confirmation will be considered as proof of the transaction. You declare that you are fully aware of this.
A summary of your order information will be sent to you via your order confirmation e-mail address.
Article 5 – Payment
The payment of your purchases is made by credit card through the secure system Stripe. You can also pay in advance by using TWINT, bank transfer or gift card.
Article 6 – Delivery
The products are delivered to the delivery address indicated during the ordering process. The delivery times indicated are given as an indication.
The Buyer is obliged to accept any delivery of products, even if the delivery is later than the stated deadline. Failure to meet a delivery deadline shall not entitle the Buyer to any rights.
Article 7 – Checking the product
You must check the product received within two days and immediately notify Metanoïa of any defects. Otherwise, the product is deemed accepted as is.
Article 8 – Risk transfer and retention of title
The products remain the property of Metanoïa until full payment is received.
Risk transfer – risk of loss, damage, etc. – passes to the Buyer upon receipt of the product.
In case of return of the product, the Buyer bears the risks until Metanoïa receives the product.
Article 9 – Withdrawal/returns
You have a period of 14 days from receipt of your products to exercise your right of withdrawal without having to give reasons or pay a penalty.
Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, you are liable. Any damage incurred to the product in this way may defeat the right of withdrawal.
You are responsible for the cost of returning the goods.
In case of exercising the right of revocation, Metanoïa will proceed to the reimbursement of the sums paid, within 14 days following the notification of your request and via the same means of payment as the one used during the order.
Article 10 – Availability
Our products are offered as long as they are visible on the Metanoïa website and within the limits of available stocks. For products not in stock, our offers are subject to availability from our suppliers. If a product is not available after you have placed your order, we will inform you by e-mail. Your order will be automatically cancelled and no bank charges will be made.
Furthermore, the Metanoïa Site is not intended to sell its products in large quantities. Consequently, Metanoïa reserves the right to refuse orders of more than 10 identical items.
Article 11 – Guarantee
All our products are guaranteed for two years, subject to the obligations set out in article 7. The guarantee takes effect from the date of delivery. To claim, you must send the defective product to Metanoïa at your own expense. If Metanoïa confirms that it is a case of guarantee, it can offer replacement of the product or the defective parts, spare parts or repair the product. Alternatively, it can compensate you for the loss in value of the product or refund the full purchase price.
In particular, the guarantee does not cover the following defects: defects resulting from improper use, unauthorised repair or normal wear and tear of the product.
By accepting these GTCS, you waive all claims for damages in connection with a defective product.
The Buyer may only make the claims set out in this article in connection with the contract as regulated by these GTCS.
Article 12 – Liability
Metanoïa’s liability is governed by the provisions of the law. However, it shall never be liable for slight negligence, direct, indirect and consequential damage, loss of profit, unrealized savings, as well as damage resulting from a delay in delivery, and any actions or omissions of its auxiliaries, whether within or outside the scope of a contract.
The products offered comply with the legislation in force. Metanoïa cannot be held responsible in case of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with your local authorities about the possibility of importing or using the products or services you intend to order.
Metanoïa cannot be held responsible for damages resulting from a misuse of the purchased product.
Article 13 – Personal data protection
When placing an order, the following personal data are collected: surname, first name, e-mail address, postal address, telephone number.
They are necessary for the management of your order, as well as for the improvement of the services and information that we send you. They are used for the registration and processing of orders, for the administration of personal customer accounts, for marketing research and for the compilation of statistics.
The data is processed by consent. The Buyer gives his consent to Metanoïa to use and transmit to commercial partners his data for marketing purposes or to receive targeted offers by e-mail, sms, telephone and/or mail. You may at any time restrict or prohibit the use or disclosure of your data for marketing and advertising purposes.
The Buyer gives his consent to Metanoïa to communicate to a third party all his data necessary for a debt collection.
Article 14 – Applicable law and jurisdiction
Swiss law is applicable and the place of jurisdiction in the event of a dispute is Geneva, subject to a mandatory place of jurisdiction.