General conditions of sale

Between the family business Sparkle hub studio,

Rte de Nyon 10,

1264 St-Cergue

The company can be reached by email by clicking on the contact form accessible via the home page of the site. Or directly by using the address sparkle hub studio, rte de Nyon 10, 1264 St-Cergue.


Hereinafter the "Seller" or the "Company". On the one hand, And the natural or legal person purchasing the company's products or services, Hereinafter, “the Purchaser”, or “the Customer” On the other hand, It has been stated and agreed what follows :


Preamble


The Seller is a publisher of Consumer Web Designer Products and Services, marketed through its websites (sparkle-hub.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.


Article 1: object


These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.

 


Article 2: General provisions


These General Conditions of Sale (GTC) govern the sales of Products or Services, made through the websites of the family business, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing an order. The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) for the order. These T & Cs can be viewed on the Company's website at the following address: sparkle-hub.com


The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares to have read all of these General Conditions of Sale, and, where applicable, the Special Conditions of Sale related to a product or a service, and to accept them without restriction or reservation.

The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs.

The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committed.


Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.


Article 3: Price


The prices of the products sold through the Internet sites are indicated in Swiss francs and in euros, excluding specific shipping costs. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to obtain information on these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company's websites are the responsibility of the Customer. If applicable, also the delivery costs.


Article 4: Conclusion of the contract online


The Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order:; Information on the essential characteristics of the Product; - Choice of the Product, if applicable, of its options - Indication of the essential contact details of the Customer (identification, email, address, etc.); - Acceptance of these General Conditions of Sale - Verification of the elements of the order (double click formality) and, if necessary, correction of errors.


Before proceeding with its confirmation, the Buyer has the option of checking the details of his order, its price, and correcting any errors, or canceling his order. Confirmation of the order will constitute the formation of this contract. - Then, follow the instructions for payment, payment of the products, then delivery of the order. The Customer will receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale.


The customer will have the opportunity during his ordering process to identify any errors made in entering data and correct them. The language proposed for the conclusion of the contract is the French language.

The terms of the offer and the general conditions of sale are sent by email to the buyer when ordering and archived on the Seller's website. Where applicable, the professional and commercial rules to which the author of the offer intends to abide can be found in the "rAnnexes rules "of these T & Cs, available on the Seller's website at the following address: sparkle-hub.com


The archiving of communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy. This information can be produced as proof of the contract.

For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, the Customer undertakes to provide their true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.


Article 5: Products and services


The essential characteristics of the goods, services and their respective prices are made available to the purchaser on the company's websites, as well as, where applicable, the mode of use of the product. The consumer is informed, by marking, labeling, display or by any other appropriate process, of the prices and special conditions of sale and of the performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this one not including the shipping costs invoiced in addition.


These possible costs are indicated to the buyer during the sale process, and in any event at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and to its activities in the context of this sale.


The Seller undertakes to honor the Customer's order within the limit of stocks of available Products only. Otherwise, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller will reimburse the customer. The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value.


The period of validity of the Product offer as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless there are special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address).


Article 6: Compliance


The products and services offered for sale through these GTCS meet the requirements in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers. Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the product.


The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility.


In accordance with the legal provisions regarding compliance and hidden defects, the Seller reimburses or exchanges defective products or products that do not correspond to the order. Reimbursement can be requested as follows: filing a complaint at rte de Nyon 10, 1264 St-Cergue


Article 7: Retention of title clause


The products remain the property of the family business, until full payment of the price.


Article 8: Terms of delivery


The products are prepared at the delivery address that was indicated when ordering and within the time limits indicated. These times do not take into account the time taken to prepare the order. When the Customer orders several products at the same time, they may have different delivery times. In the event of late delivery, the Customer has the option of terminating the contract under the terms and conditions defined. The Seller then refunds the product and charges "aller ”. The Seller provides a telephone contact point indicated in the order confirmation email in order to follow up on the order. The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the product delivered.


Article 9: Availability and presentation


If an item is unavailable for a period exceeding 48 hours, you will be immediately notified of the foreseeable delivery times and the order for this item may be canceled on request. The Customer may then request a credit for the amount of the item or its full refund and the cancellation of the order.


Article 10: payment


Payment is due immediately upon ordering, including for pre-ordered products. The Customer can pay by payment card. Cards issued by banks domiciled outside Switzerland must be international bank cards (Mastercard or Visa). Secure online payment by bank card is made by our payment service provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or in the event of the impossibility of debiting the card, the Sale is automatically terminated and the order canceled.


Article 11: withdrawal period


The buyer has the right to withdraw without giving any reason, within 30 days of the date of his order. The right of withdrawal can be exercised by contacting the Company as follows: filing a complaint at rte de Nyon 10, 1264 St-Cergue. We inform Customers that this right of withdrawal cannot be exercised for any item for which a manufacturing or delivery process is in progress. If the right of withdrawal is exercised within the aforementioned period, the price of the product (s) purchased and the shipping costs will be reimbursed, with the return costs remaining the responsibility of the Customer. Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.); if possible, they should be accompanied by a copy of the proof of purchase.


In accordance with legal provisions, you can request the standard withdrawal form to be sent to us at the following address: filing a complaint at rte de Nyon 10, 1264 St-Cergue. Refund procedure: the refund procedure can be carried out after an investigation of the product (s) purchased, more details filing a complaint at the address rte de Nyon 10, 1264 St-Cergue


Article 12: Complaints


If necessary, the Buyer may submit any complaint by contacting the company using the following contact details: filing a complaint at the address rte de Nyon 10, 1264 St-Cergue. The consumer is informed that he can use a consumer mediator. In the event of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer can submit the dispute to a mediator who will independently attempt to bring the parties together. with a view to obtaining an amicable solution.


Article 13: Termination of the contract


The order can be resolved by the buyer by registered letter with acknowledgment of receipt in the following cases: - delivery of a product that does not comply with the characteristics of the order; - delivery exceeding the deadline set when ordering or, failing a date, within thirty days of payment; - unjustified price increase or product modification. In these cases, the buyer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.


Article 14: Annual subscriptions


The fact of having accepted payment for the services mentioned on the sparkle-hub.com site is considered as contractual in the form of an electronic subscription.


Annual subscriptions can be terminated at any time for the end of the period.

The subscription of one or more subscriptions is scalable. Possibility to change services via the subscription management platform. The customer receives by e-mail only the renewal of his services or services ordered from sparkle.hub.com


Only mini 10GB hosting is included with a domain name of your choice in .ch or .com. The choice of domain name depends on its availability. Sparkle-hub.com cannot be held responsible for a domain name already taken or for invalid domain names.

Sparkle-hub accepts no responsibility for the management of domain names not supported by sparkle-hub.com. All domain names ordered by sparkle-hub.com are the property of the customer. The customer can renew his domain name himself at any time or ask sparkle-hub.com to renew the domain name with web hosting. Renewal fees are added to the annual subscription taken out on sparkle-hub.com.


Article 15: Intellectual property rights


Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.


Article 16: Force majeure


The performance of the seller's obligations at the end of these presents is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.


Article 17: Nullity and modification of the contract


If one of the stipulations of this contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties. The Buyer is informed of the following: - the identity and contact details of the controller and, where applicable, the representative of the controller: the Seller, as indicated at the top of these T & Cs; - the contact details of the data protection officer: ……. - the legal basis of the processing: contractual performance - the recipients or categories of recipients of the personal data, if they exist: the controller, his departments in charge of marketing, the departments in charge of IT security , the service in charge of sales, delivery and ordering, subcontractors involved in delivery and sales operations as well as any authority legally authorized to access the personal data in question - no transfer outside the EU is allowed. - the retention period of the data: the period of the commercial prescription - the data subject has the right to ask the controller for access to, rectification or erasure of personal data, or a limitation of the processing relating to the data subject, or of the right to object to the processing and of the right to data portability - The data subject has the right to lodge a complaint with a supervisory authority - the information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order cannot be placed. No automated decisions or profiling is implemented through the ordering process.


Article 18: Applicable law and place of jurisdiction


All the clauses appearing in these general conditions of sale, as well as all the purchase and sale transactions referred to therein, will be subject to Swiss law. The nullity of a contractual clause does not entail the nullity of these general conditions of sale. Any dispute will be handled by the District Court of the Coast located in Nyon.

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