1. Scope of application

These General Terms and Conditions of Use and sale (General Terms and Conditions or GTC) govern the relationships between a user (the User) during his use of the platform accessible on avani.ch (the Plateform), and «Avani Design Sàrl» (the Company), which has its head office at Avenue de Florimont 9, 1006 Lausanne, canton of Vaud, Switzerland.These General Terms and Conditions apply to use of the Platform, in particular all sales realized by the Company through the Platform.

2. Acceptance of the GTC

In accessing and using the Platform, particularly in purchasing the Company’s products, the User acknowledges that he is bound by these General Terms and Conditions, which he declares having read and understood. These General Terms and Conditions may be consulted here.

3. Modifications

At its complete discretion, the Company reserves the right to change these General Terms and Conditions at any time.  It is up to the customer to regularly consult them in order to be apprised of any changes. The General Terms and Conditions that are published upon the conclusion of a sale between the Company and the User apply to that sale, unless the User and the Company agree otherwise.

4. Platform

The purpose of this Platform is to promote and sell fashion clothes and accessories that are manufactured in an eco-friendly and responsible manner.

5. Registered users

The use of certain services available on the Platform, particularly orders of products, may be reserved for Users who are registered. To become a registered User, the User confirms and guarantees that:

• The User is at least eighteen (18) years of age or an adult pursuant to the law applicable in the country of his residence.
• The information provided at the time of the registration (hereinafter « Registration Data ») is correct, current and complete, and is continuously brought up to date.
• The User commits to refrain from violating any legal standard or using the Platform for an illegal purpose.

In particular, the User commits to refrain from using the Platform for the sending of spams, viruses, Trojan horses, worms, or any other programmes that are designed to damage, replicate, produce a negative effect, extract data or intercept or counter any systems or data.

6. Account, password and security

The registered User is responsible for the quality and confidentiality of his Registration Data, in particular his identifier and password selected at the time of his registration, for any activity generated by his identifier, password and account, and for the retention and safeguard of his data, particularly any messages and contents sent or received with the registered User’s account through Services. The registered User commits to immediately inform the Company of any fraudulent use of his registration data or his account, or any other breach of security. If the registered user acts on behalf and for the account of a legal entity, the Company reserves the right to refrain from automatically approving the account in order to ensure that the legal entity indeed exists.

7. Conclusion of a sale

The conclusion of a contract occurs upon the registered User’s acceptance of the offer made by the Company in relation to the purchase of its products, or upon placement of the order of products on the Platform, in accordance with the ordering process.

8. Prices

All of the prices of products sold on the Platform are stated and owed in Swiss Francs (CHF).The Company reserves the right to indicate, solely for informational purposes, the prices in other currencies as a function of the country where the registered User is established. The prices quoted are net before taxes. They include the VAT and its applicable rate may vary according to the country and applicable tax legislation. The shipment costs are not included in the price specified for the product, and are billed in addition thereto. The customs duties, if the purchase is made from a foreign country out of the European Union, are not included in the price and are to be covered by the customer (User) when he receives his package. The Company reserves the right to change its prices at any time. The prices specified on the Platform at the time of conclusion of the contract apply to the order involved.

9. Payment

The Company offers the User the following modes of payment: credit card and PayPal. Generally, the sale price must be paid in full by the registered User upon conclusion of the contract.  The Company will forward the ordered products upon receipt of the payment of the total sale price.

10. Promotional codes

Promotional codes are vouchers that cannot be purchased; they are issued by the Company in the context of promotional campaigns for a limited period of validity. Promotional codes may be used only during the period that is indicated and only once per order.  Please note that the benefit of promotional codes may be subject to placement of orders of a minimum value. The value of products ordered with a promotional code must correspond to at least the minimum amount of said code.  If the value of products exceeds that amount, the difference may be offset with one of the means of payment that is offered. The amount of a promotional code is not paid in cash and does not generate interest. A promotional code is not restored in the event of a partial or total return of ordered products. Promotional codes may be used only before the conclusion of an order. A subsequent imputation thereto is not possible. A promotional code cannot be transferred to third parties. It is not possible to combine several promotional codes, unless we agree otherwise.

11. The Company’s obligations

11.1.  Delivery / Delivery date

Deliveries in Switzerland occur within 5 business days following the date of the order. Longer times may apply for international sales. The Company does not assume any responsibility with respect to the delivery time if its own suppliers (partners, transport companies, etc.) fail to provide their supplies or deliver as scheduled, insofar as such a delay is not imputable to the Company. If a delivery by the scheduled time is not feasible or if a product is not available, the registered User will be informed by electronic mail of the new date of delivery or availability of the product, the day following the order. The Company will extend every effort to offer the User an alternative. If the Company, its suppliers or mandated third parties are unable to execute their obligations by the scheduled time due to a situation of force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, inclement weather, storms, wars, political or social unrest, civil war, revolutions, insurrections, terrorism, sabotage, strikes, nuclear incidents, or damage caused by nuclear reactors, the Company is released from the obligation to execute its service during the period of any such event and for an appropriate lapse of time after the end thereof. If the event of force majeure continues for more than 30 (thirty) days, the Company is entitled to cancel the contract, in which case it must reimburse the total amount that has already been paid. Any other claims, particularly for damages, resulting from an event of force majeure are precluded. The Company is deemed to have executed its service when the products are handed over to the carrier it has selected, with the place of execution being at the Company’s head office.

11.2.  Auxiliaries

The Company expressly reserves the right to retain auxiliaries for execution of its contractual obligations.

12. The User’s obligations

Upon the registered User’s placement of an order, he must promptly take all necessary measures to enable the Company to provide its services, and must do so at the location, at the time and pursuant to the procedures specified during the processing of the order or after its confirmation. Depending on the circumstances, the customer must also provide the Company with all necessary information and documents. The customer is personally responsible vis-à-vis the Company and third parties for proper execution of his duties and bears all of the consequences related to his possible negligence in that regard. The Company disclaims all liability for services provided by third parties to the extent authorized by law.

13. Exchanges and returns

If the product sold by the Company does not suit the User or is not of a good size, he may exchange or return it within 14 days following his receipt thereof. To that end, the customer must return the product to the Company (address : Avenue de Florimont 9, 1006 Lausanne) and record this return via his personal account on the Platform. The customer bears the costs related to the return. In the case of a return, the product will be reimbursed as soon as it is received by the Company. In the case of an exchange, the Company will send the User a product that is registered under the same code and corresponds to his size and desire, subject to its availability. The User cannot exchange an article for one registered under another product code.

14. Retraction

The customer cannot retract after the order. He may however exchange the product that he has received under the conditions specified in article 13 above.

15. Warranty

The law regarding warranties applies. If the product sold by the Company is defective or damaged, the User involved may be reimbursed or may receive, in exchange, a product registered under the same code by returning the defective or damaged product within 14 days after its receipt. To that end, the customer must return the product to the Company (address : Avenue de Florimont 9, 1006 Lausanne) and record this return via his personal account on the Platform. The Company bears the costs of return or exchange of products under warranty.

16. Liability

Liability for consequential or subsequent damage is precluded.  The liability for direct damage is limited to the amount paid by the User involved. This limitation of liability is not valid in the event of tortious intent or gross negligence. The possible liability of auxiliaries is precluded to the extent authorized by law.

17. Loyalty program

Our loyalty program is based on points accumulated according to the amount spent. The customer receives a discount code for each level reached. There are 3 different levels:

– From CHF 1,000 of purchase > a 15% discount

– From CHF 2,500 > a 25% discount

– From CHF 5,000 > 35% discount

18. Intellectual property rights

The Company owns all of the rights on the products and services it offers.  In particular, it holds all of the intellectual property rights in its name and in the content published on the Platform. Neither these General Terms and Conditions nor the individual agreements related thereto anticipate, or provide for, the transfer of these intellectual rights to the User, as the Company is the sole holder thereof. Also, any reuse, publication or dissemination of information, images, texts or any other items that the User receives or to which he has access via the Platform in relation to the services offered by the Company, is precluded.The customer must ensure that he does not infringe any intellectual property rights of third parties when he uses contents, images, texts or figurative items in relation with the Company.

19. Data protection

The Company commits to protect the privacy of Users. It collects data related to the User’s access and use of the Platform and the services that are provided thereon. In particular, the Company may collect personal data such as the name, date of birth, addresses, billing information, telephone number, email address or other information that might serve to identify or contact the User in the context of his access or use of the Platform (the « Personal Data ») in order to meet its contractual obligations. The Company takes all necessary measures to protect Personal Data in accordance with the law. The User agrees to the registration and use of his data in accordance with the contract and the confidentiality policy, which is accessible here, and is aware of the fact that the Company may transmit his data or the data of third parties in response to injunctions issued by a court or other authority. The Company is entitled to use his data for marketing purposes, unless the User expressly precludes such a use. The data necessary for execution of a service may be transferred to partners mandated by the Company and to other third parties.

20. Salvation clause

These General Terms and Conditions remain valid even if any of its provisions or appendices are, or must be declared to be, null and void. In that event, the invalidated or nullified clause will be replaced by a valid provision that is as close as possible to the purpose envisioned in the invalidated provision.That also is true in the event of inadvertent gaps in contractual provisions.

21. Confidentiality

The User, the Company and their auxiliaries commit to keep confidential all of the information that they exchange or acquire during the performance of services. The obligation of confidentiality remains in effect even after the end of the contract.

22. Applicable law / Jurisdiction

These General Terms and Conditions are governed by Swiss law. The courts located in the area of the Company’s head office have jurisdiction to adjudicate any disputes between the parties, unless otherwise specified by law. The Company is free to bring a legal action in the area of the defendant’s head office or residence. Application of the UN Convention regarding international sales of goods (RS 0.221.211.1) is expressly precluded.