Terms of Sales
1. Fields of application
1.1 These general conditions apply to all orders placed on
the Lenaka Home online store, trademark of Lenaka.net SNC, at 1204 Geneva,
Rue du Rhône 118 (hereafter: the online store).
1.2 They are considered accepted as soon as the order is placed by the
customer.
2. Offer and conclusion of contract
2.1 The presentation of the goods in the online shop represents a
invitation to order and does not constitute a legally binding offer.
2.2 By clicking on the order button, the customer agrees to make the purchase of all
the goods listed on the order page.
2.3 The online store confirms the order by email upon receipt.
2.4 It reserves the right to limit the purchase quantities of certain goods and
not to make the delivery in the event of unavailability of the goods or
exceptionally heavy or bulky order.
3. Prices and shipping costs
3.1 All prices include VAT at the prevailing rates.
3.2 Shipping costs are free for Switzerland.
4. Terms of delivery
4.1 The delivery of goods takes place in Switzerland.
4.2 The delivery time is in principle 2 weeks for Switzerland.
4.3 If some of the goods ordered are not available, the shop in
line is authorized to make partial deliveries.
4.4 After an unsuccessful attempt to hand over the goods, the online store
can retract. Payments made are immediately refunded.
5. Terms of payment
5.1 Payment is made by bank transfer or credit card.
5.2 In the event of payment by bank transfer, production is launched from la
reception of the amount in the bank account of Lenaka.net SNC
5.3 In case of payment by credit card, the credit card is debited on the date of the
order.
5.4 The customer declares to accept the general conditions of the chosen payment system.
5.5 Any set-off against unrecognized or non-recognized counterclaims of the customer
no force of res judicata is excluded.
5.6 The customer can only assert a right of retention if the claims are based on
the same contractual relationship.
6. Retention of title
The merchandise remains the property of the online store until it is paid for.
integral. Any pledge, assignment as security, transformation or modification
cannot take place before the transfer of ownership without the authorization of the shop in
line.
7. Transfer of risk
The profits and risks of the goods pass to the customer upon conclusion of the
CONTRACT.
8. Warranty
8.1 The online store guarantees that the goods conform to the qualities
promised, is not vitiated by a defect affecting its value or its fitness for use
expected and that it corresponds to the expected services and specifications.
8.2 The online store in particular excludes any warranty for parts that allow the
securing the goods.
8.3 It reserves the right to proceed with the elimination of the defect or the delivery of
undefected merchandise for the purpose of repair or replacement delivery.
8.4 The customer is obliged to immediately check the goods
delivered as quickly as possible and to report defects immediately.
8.5 The warranty for defects expires two years from the date of delivery.
to the customer, even if the latter only discovered the defects later.
9. Liability
The online store is not liable for (i) negligence
slight, (ii) direct, indirect and consequential damages, loss of profit, (iii)
unrealized savings, as well as (iv) damages resulting from a delay in
delivery, and (v) any acts or omissions of auxiliaries to the online store, whether
whether under a contract or outside of any contract.
The online store disclaims all liability for the following causes:
• improper storage, positioning or use, contrary to the contract or
illicit goods;
• use of incompatible accessories or spare parts;
• lack of maintenance and/or improper modification or repair of the product
by the customer or a third party;
• in the event of force majeure, in particular damage caused by the elements,
humidity, falls, blows, or government measures, which do not
cannot be charged to the online store.
10. Right of withdrawal
10.1 The customer has the right to withdraw within 14 days of the
receipt of the goods. The declaration of withdrawal must be notified to the
online store by email or post. The date of dispatch of the
declaration of withdrawal is authentic for the respect of the deadline.
10.2 The services received under the contract must be returned. The customer is
obliged to return to the online store the goods received in their
original packaging within 14 days from the declaration of
withdrawal addressed to the online store.
10.3 The sale price is refunded to the customer upon receipt of the goods, subject to
subject to a deduction from the price to be reimbursed, in particular in the event of damage
affecting the merchandise.
10.4 The right of withdrawal is excluded in the case of goods manufactured according to the
customer specifications, which is not prefabricated and which is manufactured on the basis of the
individual choice or decision of the customer, or which are clearly intended for
particular person.
11. Intellectual Property
The website and the goods of the online store are protected in particular
by copyright. Their use for personal use by the customer
is allowed. Their complete or partial commercial distribution requires the authorization
express from the online store.
12. Data Protection
The online store ensures the protection of the privacy and personality of the
customer. It complies with the Federal Data Protection Act and is committed to
respect the data protection charter available on this site.
The customer authorizes the online store to process his necessary personal data
the proper and faithful performance of the contract, including sensitive data and profiles
of personality. The processed data cannot be communicated to third parties.
only for billing or collection purposes. The customer expressly authorizes
the online store to carry out the data processing described above.
The online store takes all appropriate measures to avoid the processing
unauthorized personal data (art. 7 LPD). The customer declares to consent to the
cross-border communication of personal data (art. 6 al. 2 let. b DPA).
13. Update of the general conditions
The online store reserves the right to periodically review and as necessary
to adapt the general conditions at any time. Changes and additions
made to the general conditions are communicated to the customer by posting on the
website. Changes and additions are effective immediately upon posting.
on the website for any new service request. The requests for
previous services are governed by the version of the general conditions in force
at the time of the request for the service in question.
14. Applicable law and jurisdiction
Swiss law is applicable, with the exclusion of the United Nations Convention on
international sale of goods of April 11, 1980. The forum is in Geneva.
15. Final provisions
If certain provisions of the general conditions are inapplicable, the validity of the
other provisions will not be affected.