Terms and conditions
H.-L. Deriaz SA,
Rue d'Orbe 48
VAT no. CHE-107.011.689
Such. 024 / 425.35.14
extract from the register
Terms and conditions
The online shop Riviera Colors has been developed, and is operated by H.-L. Deriaz Sa - Rue d'Orbe 48 - 1401 Yverdon-les-Bains (registered with the Commercial Register of the Canton of Vaud
Any order for a product appearing in the online store Riviera Colors requires consultation and prior acceptance of these terms and conditions.
As a result, the buyer who wishes to order online, acknowledges being fully informed that its agreement regarding the content of these terms and conditions does not require the handwritten signature of this document.
The buyer has the option to save or print these terms and conditions, it being specified that both the backup and the printing of this document are his sole responsibility.
We undertake to provide you as much as possible with the following information:
1. Precise identification of the company.
2. Presentation of the essential characteristics of the articles proposed and their use.
3. Indication in Swiss Francs (CHF), and "other currencies" of the price of the articles.
4. Indication of the terms of payment and execution of the order as well as delivery charges.
5. Information of the existence of a legal right of withdrawal.
The objects shown on the commercial illustrations are not delivered with these items.
Any dispute arising in connection with the operation of the Riviera Colors website will be governed by the general terms and conditions of sale below. If, in spite of everything, the dispute should remain, a solution called "amicably" will be preferred.
If need be, the courts of the Canton of Vaud will have sole jurisdiction.
TERMS AND CONDITIONS
Article 1 : Integrality
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept without reservation all the provisions of these terms and conditions. No general or specific condition contained in the documents sent or delivered by the purchaser will be able to be integrated in the present ones, since these documents would be incompatible with these general conditions.
Article 2 : Purpose
These terms and conditions are intended to define the rights and obligations of the parties in connection with the online sale of goods and services offered by Riviera Colors to the buyer.
Article 3 : Contractual Documents
This contract consists of the following contractual documents, presented in descending order of hierarchy: these general conditions and the online order form. In case of contradiction between the provisions contained in the documents of different rank, the provisions of the document of higher rank will prevail.
Article 4 : Entry into force - duration
These terms and conditions come into force on the date of sending the order online. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees due by Riviera Colors.
Article 5 : Electronic Signature
The "click" of the buyer under the purchase order constitutes an electronic signature that has, between the parties, the same value as a handwritten signature.
Article 6 : Order Confirmation
The contractual information will be the subject of a confirmation by email at the latest at the time of delivery or failing that, to the address indicated by the buyer on the order form.
Article 7 : Proof of the transaction
Computerized registers kept in computer systemsColors in reasonable conditions of safety, will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.
Article 8 : Product / stock information
8-a : Riviera Couleurs presents on its website the products for sale with the necessary information that allows the potential buyer to know, before the final order, the essential characteristics of the products he wants to buy.
8-b : The offers presented by Riviera Couleurs are only valid while stocks last. Riviera Couleurs can not in any case be responsible for any product that is no longer available, out of stock, see out of stock.
8-c : Riviera Colors reserves the right to modify and replace products according to the catalogs of its suppliers.
8-d : The images on the website are not contractual.
8-e : The invoiced containers that are returned to Riviera Colors not damaged free of charge, give rise to a gift voucher corresponding to the amount billed this only within 7 days. Products tinted at the request of the customer (selected in the color options) can not be returned under any circumstances. Open or damaged containers do not give rise to any credit. Non-returnable cans are not taken back.
8-f : Riviera Couleurs is not obliged to take back delivered goods resp. parts of them. Recovery and disposal of delivered goods, resp. of parts thereof is, subject to contrary provisions of public law, the duty of the customer.
Article 9 : Price
Prices are quoted in Swiss Francs (CHF), and are valid only on the date of dispatch of the order form by the buyer. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. Payment of the full price must be made when ordering, and in any case before shipping the items ordered. At no time, the sums paid can not be considered as a deposit or installments.
Article 10 : Method of payment
10-a To pay for the order, the buyer has, at his option, all the payment methods offered on the online order form. The buyer guarantees to Riviera Colors that he has the necessary authorizations to use the mode of payment chosen by himself, during the validation of the order form. Riviera Couleurs reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card from the officially accredited bodies or in case of non-payment of the order. Riviera Couleurs specifically reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully paid an order or with whom a dispute is pending. Riviera Couleurs has put in place an order verification procedure designed to ensure that no one uses the bank details of another person without his knowledge. Riviera Couleurs reserves the right to use this procedure in case of doubt about the legitimacy of the customer. As part of this verification, the customer will be asked to send by fax to Riviera Couleurs a copy of an ID with proof of address. The order will be validated only after reception and verification by our services of the parts sent.
10-b Purchase by invoice with partial payment option (POWERPAY)
As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview.
When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’s. (powerpay.ch/en/agb).
Article 11 : Availability of products
Riviera Couleurs undertakes to process your order as soon as possible but may be executed at the latest within 4 working days from the day following the day the buyer placed his order. In case of unavailability of the ordered product, especially because of our suppliers, the buyer will be informed at the earliest and will have the opportunity to cancel his order. The buyer will then have the choice to request, either the refund of sums paid within 10 days at the latest from the date of payment, or the exchange of the product.
Article 12 : Terms of delivery
The products are delivered to the address indicated by the buyer on the order form. The buyer agrees to check the condition of the goods at the time of delivery. He informs Riviera Colors within 7 days of the delivery, by email, of the defects found.
Article 13 : Delivery problems due to the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken product ...) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the signature of the customer. The buyer will also confirm this anomaly by sending the carrier, within 7 days of the date of delivery, said claims by registered mail. The buyer must send a copy of this letter by mail to H.-L Deriaz Sa - Rue d'Orbe 48 - 1401 Yverdon-les-Bains
Shipments are considered distributed when the Post Office or our delivery service has delivered them to the addressee or distributed them to another place provided for this purpose (eg in the mailbox, sub-box or post office box [ in the latter case, only the letters]).
Once distributed the products are no longer under our responsibility.
Article 14 : Delivery Error
14-a : The buyer must formulate, within 30 days of delivery, any complaint, error of delivery and / or non-conformity of products in kind, or in quality, with respect to the indications on purchase order. Any claim made after this period will be rejected. To benefit from the right of return following a delivery error, the article must not under any circumstances have been unsealed, opened or used.
14-b : The formulation of this claim with Riviera Couleurs must be made exclusively by email.
14-c : Any claim, not made in the rules defined above and within the time limits will not be taken into account and will release Riviera Colors from any responsibility with respect to the consumer.
Article 15 : Product Warranty
The provisions herein can not deprive the buyer of the legal guarantee that obliges the professional seller to guarantee against all the consequences of latent defects of the thing sold. The buyer is expressly informed that Riviera Couleurs is not the producer of the products presented as part of the Riviera Couleurs website regarding liability for defective products. Consequently, in case of damage caused to a person or a good by a defect of the product, only the responsibility of the producer of this one can be sought by the purchaser, on the basis of the information appearing on the packaging of this product .
Article 16 : Force majeure
Neither party will have failed in its contractual obligations, to the extent that their execution will be delayed, hindered or prevented by a fortuitous event or force majeure. Will be regarded as fortuitous event or force majeure all facts or circumstances irresistible, external parties, unpredictable, inevitable, independent of the will of the parts and which can not be prevented by them, in spite of all the efforts reasonably possible. The party affected by such circumstances will notify the other within 7 days of the date on which it became aware. The two parties will then approach within a period of 7 days, unless impossible due to force majeure, 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 greater than a period of 7 days, these terms and conditions may be terminated by the injured party. Expressly, are considered as cases of force majeure or fortuitous cases, besides those usually retained by the case law: the blocking of means of transport or supplies, the earthquakes, the fires, the storms, the floods, the lightning ; the shutdown of telecommunication networks or difficulties specific to external telecommunication networks to customers.
Article 17 : Partial validation
If one or more stipulations of the present general conditions are held for invalid or declared such under a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their reach.
Article 18 : Applicable law
These general conditions are subject to Swiss law and particularly the Code of Obligations, which regulates the aspects not expressly mentioned by these general conditions. This is so for the substantive rules as for the rules of form. In case of dispute or claim,the buyer will first contact Riviera Colors to obtain an amicable solution. In a second time and in case of appeal, the buyer may file a claim with the courts of the Canton of Vaud.
Article 19 : Data Protection
The information requested from the buyer is necessary for the processing of his order and may be communicated exclusively to the contractual partners of Riviera Colors involved in the execution of this order. The buyer can write to Riviera Couleurs to exercise his rights of access, rectification with regard to the information concerning him and contained in the files of Riviera Couleurs.
These general conditions are in English. The buyer declares to have full legal capacity to engage under these terms and conditions.