Terms and conditions
Riviera Couleurs SA
Avenue Reller 32
VAT number CHE‑107.011.689
extract from the register
Terms and conditions
The Riviera Couleurs online store was developed and is operated by Riviera Couleurs SA - Av. Reller 32 - 1804 Corsier-sur-vevey (registered with the commercial register of the Canton of Vaud
Any order for a product appearing in the Riviera Couleurs online store implies consultation and prior acceptance of these general conditions.
Consequently, the buyer who wishes to order online, acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions does not require the handwritten signature of this document.
The buyer has the option of saving or printing these general conditions, it being specified that both the saving and the printing of this document are his sole responsibility.
For our part, we undertake to provide you with all of the following information as far as possible:
1. Accurate identification of the company.
2. Presentation of the essential characteristics of the items offered and their use.
3. Indication in Swiss Francs (CHF), and "other currencies" of the price of the items.
4. Indication of the methods of payment and execution of the order as well as delivery costs.
5. Information of the existence of a legal right of withdrawal.
The objects presented on the commercial illustrations are not delivered with these articles.
Any dispute arising in connection with the operation of the Riviera Couleurs website will be managed by the general conditions of sale below. If, despite everything, the dispute should persist, a so-called "amicable" solution will be preferred by us.
If necessary, the courts of the Canton of Vaud will have sole jurisdiction.
TERMS AND CONDITIONS
Article 1 : Entirety
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 provided for in these general conditions. No general or specific condition appearing in the documents sent or delivered by the buyer may be incorporated herein, since these documents are incompatible with these general conditions.
Article 2 : Purpose
The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods and services offered by Riviera Couleurs to the buyer.
Article 3 : Contractual documents
This contract is formed by the following contractual documents, presented in descending hierarchical order: 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 general terms and conditions come into force on the date the online order is sent. These general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the expiry of the guarantees due by Riviera Couleurs.
Article 5 : Electronic signature
The "click" of the purchaser under the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6 : Order confirmation
The contractual information will be confirmed by email no later than 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, kepts in Riviera Couleurs' computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8 : Information on products / stock
8-a : Riviera Couleurs presents on its website the products for sale with the necessary information that allows the potential buyer to know, before taking the final order, the essential characteristics of the products he wishes to buy.
8-b : The offers presented by Riviera Couleurs are only valid within the limits of available stocks. Riviera Couleurs can in no way be held responsible for any product that is no longer available, out of stock, or sold out.
8-c : Riviera Couleurs reserves the right to modify and replace products according to the catalogs of its suppliers.
8-d : The images appearing on the website are not contractual.
8-e : Invoiced containers that are returned to Riviera Couleurs undamaged free-domicile, give rise to a credit note as a gift voucher corresponding to the amount invoiced, only within 7 days. Custom-made or tinted products at the customer's request (selected in the color options) cannot be returned under any circumstances. Open or damaged containers do not give rise to any credit. Unreturned cans are not taken back.
8-f : Riviera Couleurs is not required to take back delivered goods resp. parts of these. The recovery and disposal of the delivered goods, resp. of parts thereof is, except as otherwise provided by public law, the duty of the customer.
8-g : The delivered color may differ somewhat from the color you previously saw on your computer screen. Several factors can be the cause, for example the type and settings of your screen, the lighting conditions, etc.
It is also possible that the color delivered differs somewhat from the color chart or existing color you have in your possession. This may be due to different printing techniques used for color swatches, age, wear or difference in appearance (gloss and structure) of your media.
These differences are beyond the control of Riviera Couleurs and therefore cannot justify discounts, refusal of orders, cancellations, claims for compensation, etc.
In all cases special and mixed colors must be checked before treatment by making a test layer. Any color claims must be filed prior to execution on the object. Later, no claims for defects will be accepted.
Article 9 : Price
The prices are indicated in Swiss Francs (CHF), and are valid only on the date of the sending of the purchase order by the purchaser. 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 the dispatch of the items ordered. At no time can the sums paid be considered as a deposit or down payment.
Article 10 : Method of payment
10-a To pay for his order, the buyer has, at his choice, all the payment methods offered on the online order form. The buyer guarantees to Riviera Couleurs that he has the necessary authorizations to use the method of payment chosen by himself, during the validation of the order form. Riviera Couleurs reserves the right to suspend any management of the order and any delivery in the event of refusal of authorization of payment by credit card on the part of officially accredited bodies or in the event of non-payment of the order. Riviera Couleurs notably reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full for an order or with whom a dispute is in progress. Riviera Couleurs has set up an order verification procedure intended to ensure that no one uses the bank details of another person without their knowledge. Riviera Couleurs reserves the right to use this procedure in case of doubt about the legitimacy of the client. As part of this verification, the customer will be asked to send Riviera Couleurs a copy of an identity document with proof of address by fax. The order will be validated only after receipt and verification by our services of the documents sent.
10-b Purchase on account with option partial payment (POWERPAY)
MF Group / POWERPAY offers as an independent payment provider the payment type "Payment by invoice". The order invoice simply allows you to pay for your online purchase by invoice. If you waive a timely payment, you will retroactively receive the following month a monthly invoice with an overview of the order.
Upon conclusion of the purchase contract, POWERPAY assumes the invoice claim and handles the processing of payment terms. As part of the purchase on account, you accept in addition to our GTC, the general conditions of POWERPAY . (powerpay.ch/fr/agb).
Article 11 : Availability of products
Riviera Couleurs undertakes to process your order as quickly as possible but can be executed at the latest within 4 working days, from the day following that on which the buyer placed his order. In case of unavailability of the product ordered, in particular because of our suppliers, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either a refund of the sums paid within a period of 10 days at the latest from the date of payment, or an 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 Couleurs within 7 days of delivery, by email, of the defects noted.
Time: The delivery times indicated are indicative. Riviera Couleurs is not required to assume any consequences related to late delivery.
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, etc.) must be indicated on the delivery note in the form of "handwritten reservations", accompanied by the customer's signature. The buyer must also confirm this anomaly by sending the carrier, within 7 days of the delivery date, the said complaints by registered mail. The buyer must send a copy of this letter by post to H.-L. Deriaz SA, Po Riviera Couleurs, Av. Reller 32, 1804 Corsier-sur-Vevey.
Consignments are deemed to have been delivered when Swiss Post or our delivery service has handed them over to the recipient or has delivered them to another location provided for this purpose (e.g. in the letterbox, additional compartment 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 the products in kind, or in quality, compared to the indications appearing on purchase order. Any complaint made beyond this period will be rejected. To benefit from the right of return following a delivery error, the item must in no case have been unsealed, opened or used.
14-b : The formulation of this complaint to Riviera Couleurs must be made exclusively by email.
14-c : Any complaint, not made in the rules defined above and within the time limits will not be taken into account and will release Riviera Couleurs from any liability vis-à-vis the consumer.
Article 15 : Product warranty
The provisions hereof cannot deprive the buyer of the legal guarantee which obliges the professional seller to guarantee him 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 on the Riviera Couleurs website with respect to liability for defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the responsibility of the producer of the latter may be sought by the buyer, on the basis of the information appearing on the packaging of the said product. .
Article 16 : Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. will be consideredé as fortuitous event or force majeure any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within 7 days of the date on which it becomes aware of them. The two parties will then come together, within a period of 7 days, unless this is 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 lasts longer than a period of 7 days, these general conditions may be terminated by the injured party. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning ; the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Article 17 : Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
Article 18 : Applicable law
These general conditions are subject to Swiss law and particularly to the Code of Obligations, which regulates aspects not expressly mentioned in these general conditions. This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or complaint, the buyer will first contact Riviera Couleurs to obtain an amicable solution. In a second step and in the event of an appeal, the buyer may file a complaint with the courts of the Canton of Vaud.
Article 19 : Data processing and freedoms
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 Couleurs involved in the execution of this order. The buyer can write to Riviera Couleurs to exercise his rights of access and rectification with regard to the information concerning him and appearing in the files of Riviera Couleurs.
These present general conditions are in French. The buyer declares to have the full legal capacity allowing him to engage under these general conditions.