These general terms and conditions of sale define the contractual relationship:
BETWEEN:
DS DESIGN SERVICE SA,
Chemin des Bresoleys 24
1896 Vouvry
Switzerland
Commercial Register: CH-429.047.645
ON THE ONE HAND;
AND
Any natural or legal person visiting or making a purchase on the Site for themselves or for a third party,
Hereinafter referred to as «You»;
ON THE OTHER HAND.
1-1 Any person placing an order on the Site for private purposes declares to be at least 18 years old and to possess legal capacity or, failing that, to have parental authorization to conclude the contract.
In the event that these conditions have not been met in accordance with the provisions of this contract, We reserve the right to address Ourselves directly to the legal guardian or curator of this person to resolve any potential dispute.
In this case, We are notably authorized to demand payment from them for all orders placed by said person.
1-2 Any person placing an order on the Site for professional purposes declares to be at least 18 years old and to possess legal capacity or, failing that, to have authorization from the company, organization, or any other similar structure that may employ them, allowing them to conclude the contract on their behalf.
In the event that these conditions have not been met in accordance with the clauses of this contract, We reserve the right, for the resolution of any potential dispute, to address Ourselves directly to the person who placed this order and to demand personal settlement from them, provided that they had previously guaranteed Us, when requesting the account opening, that they were authorized to contract on behalf of their company or the company employing them.
2-1 The information contained on the Site does not constitute an offer in the legal sense, so only the order addressed by You to Us constitutes such an offer.
2-2 Any internet user may consult the General Terms and Conditions of Sale on the Site. Consequently, any order entails Your full and complete adherence, without exception or reservation, to the conditions set out in this contract. These will also be communicated to You during the validation process of each order, the registration of Your order being conditional upon their acceptance. Any person who has made a purchase on the Site therefore declares to be fully aware of them and cannot deny this circumstance in the event of a dispute.
2-3 After acceptance of the General Terms and Conditions of Sale and their validation, We will send You a confirmation email for Your order to the email address You provided Us when creating Your profile or during the order process. This email constitutes Our acceptance of Your order and thus forms the sales contract between Us and You, subject to the General Terms and Conditions of Sale defined in this contract. We will then proceed with its execution in accordance with the clauses provided in this contract.
3-1 The items delivered to You remain Our property until You have fulfilled Your obligations towards Us, notably the total amount of the invoice corresponding to the order placed by You on the Site.
3-2 The responsibility for the risk of loss or destruction of these items will, however, be transferred to You upon delivery, even if You are not yet the owner because You have not yet made the payment.
3-3 In case of late payment, in accordance with the deadlines clearly indicated on Your invoice attached to the delivery of the ordered items, non-payment despite reminder(s) and in the event that no agreement could be reached, We reserve the right to demand the explicit return of these items at Your expense.
4-1 The prices displayed on the Site are indicated in Swiss Francs **CHF** and in **EURO**, including all taxes applicable in Switzerland, but **excluding** shipping and packaging costs. For all purchases outside Switzerland, prices will be calculated in Euros including VAT (T.T.C.), based on European taxes, depending on the delivery location of Your order [Switzerland, Europe, or a country outside Europe], **excluding** shipping and packaging costs.
4-2 The price displayed on the Site at the time of Your order is guaranteed, **provided** it has not been modified (neither increased nor decreased) by the supplier between the previous order and Yours.
4-3 Due to the structure of the car accessories market in Switzerland and for reasons related to the respective commercial policies of Our dealers, the price of a product may vary from one dealer to another. Consequently, it is quite possible that slight price differences may be noted between the Site and other Accessoires4x4.ch sales points:
5-1
Deliveries are only made subject to availability and in the order of receipt of orders. The seller is authorized to make total or partial deliveries.
Delivery times are indicated as accurately as possible but depend on the seller's procurement and transport possibilities.
Delays in delivery cannot give rise to damages, retention, or cancellation of ongoing orders.
However, if the product has not been delivered **3 months** after the expected delivery date, for any reason other than force majeure, the sale may be cancelled upon request of either party; the buyer may obtain the refund of their down payment, excluding any other compensation or damages.
The following are considered cases of force majeure exempting the seller from their obligation to deliver: war, riot, fire, strikes, accidents, impossibility of being supplied.
The seller will keep the buyer informed in a timely manner of the cases and events listed above.
In any case, timely delivery can only occur if the buyer is up to date with their obligations towards the seller, whatever the cause.
5-2 For an order containing several items, You can choose the delivery option You prefer: a **single delivery** of all items in Your order or a **partial delivery** of the items available at the time of Your order separated from the items available later.
5-3 Despite all the precautions We take with Our suppliers to obtain the most precise information possible about the availability of the items We offer, it may happen that one or the other item, considered available at the time of Your order, is ultimately unavailable. We will inform You:
Products are deliverable carriage paid by the buyer or cash on delivery at the agreed place; in all cases, they travel at the recipient's risk, who must, in case of damage or shortage, make all necessary findings and confirm their reservations by extrajudicial act or by registered letter with acknowledgment of receipt to the carrier within three days of receipt of the goods.
On the Site, You can choose between the following three options for the delivery of physical products:
Single delivery corresponds to a one-time delivery of all items in Your order, regardless of their respective availability at the time Your order is registered.
In case of single delivery, Our order processing department stores the available items for You until Our suppliers send Us the other accessories of Your order and We can send them to You in a single shipment.
This delivery option is selected by default during the validation process of Your cart. If You prefer a partial delivery, You can easily modify the default selected option at this stage to inform Us of the option that suits You best depending on the urgency of Your order.
Partial delivery is possible for any order containing several items.
It allows You to quickly receive the accessories We have in stock according to the shipping method You have chosen, and then, as soon as We receive them from Our suppliers, the rest of the accessories in Your order, until You have been delivered all the items in Your order.
On the Site, We offer You two shipping methods depending on the weight: **Economy shipping** up to 30 kg, over 30 kg shipping by **Carrier** depending on the resulting shipping and packaging costs and the urgency of Your order. For Your information and without Us being able to guarantee them, as they are the responsibility of Our partner **La Poste** or the Carrier, You can consult the average transit times [working days] associated with each of these shipping methods.
Depending on the shipping location of Your order, the shipping method You have chosen, and the options You have selected during the validation process of Your cart, You will have to pay separate shipping and packaging costs in addition to the amount of the items in Your order.
You must take note of the details of the shipping and packaging costs for Economy shipping. Once Your order has been placed, no claim can be accepted in this regard.
You can also consult the average transit times for packages from Our partner La Poste. These are communicated to You **only as an indication**. Consequently, the responsibility of the Site cannot be questioned if the deadlines actually observed exceed these indications.
Shipping and packaging costs for deliveries in Europe differ according to the geographical zone to which the respective countries belong. These are divided into two zones: Zone 1 and Zone 2 and Zone 3.
You take note of the details of the shipping and packaging costs for deliveries in Europe [Zones 1, 2, 3] in the step of validating the carrier choice. Once Your order has been placed, no claim can be accepted in this regard.
You can also consult the breakdown of countries outside Europe into Zones 1, 2, 3 and the average transit times for packages from Our partner DPD. These are communicated to You **only as an indication**. Consequently, the responsibility of the Site cannot be questioned if the deadlines actually observed exceed these indications.
Shipping and packaging costs for deliveries to countries outside Europe differ according to the geographical zone to which the respective countries belong. These are divided into three zones: Zone 3, Zone 4, and Zone 5.
These shipping and packaging costs apply up to three items per order. Beyond this threshold, additional costs per item are added, regardless of the zone to which the delivery country belongs.
You must take note of the details of the shipping and packaging costs for deliveries outside Europe [Zones 3, 4, and 5]. Once Your order has been placed, no claim can be accepted in this regard.
You can consult the breakdown of countries outside Europe into Zones 3, 4, and 5 and the average transit times for packages from Our partner La Poste. These are communicated to You **only as an indication**. Consequently, the responsibility of the Site cannot be questioned if the deadlines actually observed exceed these indications.
Any customs duties and country-specific taxes, excluding deliveries in Switzerland, are Our responsibility and Our expense, as they are included in the amount of Your order and in the shipping and packaging costs. We manage the mandatory intra-Community declarations in the European Union for all of Europe.
Our tax representative:
Tax & Consult SARL – 62 rue Jacques Mugnier – 68200 Mulhouse (France)
VAT identification number (Intracommunity No.): FR 25 390 204 394
Our VAT identification number (Intracommunity No.): FR 58 811099142
6-3.3 - Subject of the delivery
The seller reserves the right to make all changes to its products that it deems useful at any time and reserves the right to modify, without prior notice, the models defined in its prospectuses or catalogs, without being obliged to modify the products previously delivered or in progress.
The amount of Your order on the Site can be settled by **Credit Card** via the **Postfinance** payment platform or by **Bank Transfer** or via the **Paypal** system, the data taken into account for the debit being those You have saved in Your customer profile. We will debit Your bank account with the amount of the balance of Your payment as soon as the physical items of Your order, subject to availability [see Article 5. Availability and shipping times] and supplied by Our suppliers, have been actually validated.
In case of late payment, in accordance with the deadlines clearly indicated on Your invoice attached to the delivery of the items in Your order, or their non-payment and in the event that no agreement could be reached, We reserve the right to demand the explicit return of these items at Your expense and to require **cash payment** for any subsequent order. You can make this cash payment during in-store pickup. This measure, the duration of which We reserve the right to determine and which constitutes a payment guarantee for Us, is then the necessary condition for Us to execute Your orders.
8-1 According to **Swiss Law**, there is **no statutory withdrawal period**; it is up to the seller to provide one, but the seller is not obligated to do so: any person who has placed an order on the Site has a period of **2 [calendar] days** to assert their right of withdrawal, starting from the date of acceptance of the sales contract, i.e., from the date of validation of Your cart and confirmation by email that We have received Your order and will proceed with its execution.
No withdrawal modality is provided. Conversely, the burden of proof is also on the buyer (Art. 8 CC).
8-2 In the event that Your withdrawal request does not comply with the conditions defined in this contract, We would be authorized to demand full payment from You for the item(s) that were the subject of Your order.
In addition to exercising the right of withdrawal, You have the possibility, under certain conditions expressly set out in this contract, to return the item You ordered to Us or to make an exchange request.
All products supplied by the seller benefit from the legal guarantee provided for by articles 1641 et seq. of the Civil Code.
In case of **non-conformity** of a sold product, it may be returned to the seller, who will take it back, exchange it, or refund it, in its new condition and in its original packaging. Conformity or non-conformity concerns the **intrinsic qualities** of the product. The conformity of the product cannot be questioned if the assembly requires modifications to Your original vehicle. The color of the product shown in the photo, as well as the technical specifications of the product sheet, are subject to change according to procurement possibilities and are **not contractual**.
Upon delivery of Your order, it is Your responsibility to carefully check the condition of Your package upon receipt. The buyer must comply with the procedures sent by email detailing the measures to be taken in case of receipt of goods damaged during transport.
All Our goods are inspected before shipment.
Given the weight and bulk of Your product, the box may be damaged without the goods being damaged.
We ask You to:
According to the carriers' insurance procedures, We must await the return of Your damaged package to Our warehouses to replace it.
If the package is accepted in the condition found, **Our commercial liability cannot be engaged**. The costs of replacing or repairing the product will be borne by the buyer.
**CAUTION: IF YOU ONLY WRITE "SUBJECT TO UNPACKING THE BOX WITHOUT SPECIFICALLY STATING THE DAMAGE TO YOUR PRODUCT," THE CARRIER'S INSURANCE WILL NOT COVER THE DISPUTE.** The costs of return and re-shipment, as well as the repair of Your damaged product, will be borne by You. No claim can be made to Our company if Our instructions for the receipt and control of Your product are not respected.
You must open the box and check the product inside in the presence of the driver. The driver must respect the law on the receipt of deliveries and wait for You to complete the inspection of Your order.
Special note for steel rims:
**Conforming** means: assembly without modification but not compliant with the ET (offset) and original dimensions of the manufacturer.
**Non-conforming** means: assembly with modification of the vehicle, including lifting and/or mounting of fender flares for certain negative offsets, reinforcement or modification of steering, transmission, and transfer case components.
Special note for wheel spacers:
Regarding screws, bolts, and wheel locks, **no warranty** can be claimed for breakage. Indeed, the type of tightening and the tightening torque are the only parameters that can cause this type of problem. We are unfortunately unable to control these parameters.
In case of expert analysis, if the causes are due to incorrect assembly or improper use, the return costs will be borne by the customer.
Special note for accessories modifying the original vehicle, snorkels, front and rear bumpers, roof racks, skid plates, fender flares, any external equipment modifying the vehicle in the context of specific use, such as rallying, competition, and similar disciplines:
These accessories or external equipment are excluded from the warranty, will not be taken back, or exchanged. The choice and assembly of these accessories and equipment are under the **responsibility of the buyer**. These accessories or external equipment may require adaptations which are the responsibility of the buyer.
The seller cannot be held responsible for the modifications or adaptations required for assembly and has no legal duty to advise.
The company DS Design Service cannot in any way be held responsible for direct or indirect, material, immaterial, or physical damages related to the use of the product(s) it distributes. By ordering a product on accessoires4x4.ch, the buyer declares to have read the General Terms and Conditions of Sale of the company DS DESIGN SERVICE and to accept these conditions without any restriction.
All product photos in Our store are **non-binding**.
We remind You that any **significant modification** of Your vehicle or an element of Your vehicle obliges You to present it to the vehicle inspection service of Your country for individual approval. These major transformations must also be clearly and precisely reported to Your insurer to avoid any subsequent warranty-related issues.
Special note for the Tundra 140 and Tundra 160 roof tent models:
Precautions for use:
1/ Reduce the frequency of use in cold weather, when the temperature is below -10 degrees, disassemble and store indoors to extend its lifespan.
2/ Do not clean the exterior covers with car cleaning products.
We strongly advise Our customers to check the quality of the packaging and the ordered product upon receipt of the delivery and to open the package in the presence of the delivery person to verify the product or any damage or anomaly on the purchased item.
Any damage found on the package or the item must lead to the **refusal of delivery**.
In the event that the package arrives in good condition but presents damage or a missing or exchanged product inside, it is the customer's responsibility to inform accessoires4x4.ch **within 24 hours** by email to report the anomaly, and then confirm it as soon as possible by **registered letter with acknowledgment of receipt** to the following address:
SWITZERLAND
The customer must also send a **registered letter with acknowledgment of receipt** to the delivering carrier, along with a copy of the delivery note signed by them and the photos of the damage or anomalies found after the delivery person has left.
So that We can instruct and process Your request as quickly as possible, You must, otherwise We will unfortunately not be able to satisfy it, attach to Your shipment, a **copy of the invoice and the delivery note** or the delivery note **without price** only in the case of a gift and addressed/sent by package.
Any item that does not conform to Your order and is the subject of a return request must be returned to Us **at Our expense** in its **original packaging**, **unsealed**, **unused**, or **undamaged**.
All these items must be sent to the following address:
DS DESIGN SERVICE SA,
Chemin des Bresoleys 24
1896 Vouvry
SWITZERLAND
Subject to compliance with all these conditions, We commit to sending You the replaced item, now conforming to Your order, as soon as possible and at Our expense. Furthermore, and by way of compensation for the costs incurred by You for the return of the item(s) concerned, We will provide You with a **gift voucher** equal to the net amount of the shipping costs You incurred for this, valid in all Our stores.
Since all the items You order from Us require specific orders from Our suppliers, We are **unable** to take back any other items sent by Us to You, other than those **non-conforming to Your order** or **damaged** during transport.
You have the possibility to exchange an item ordered on the Site, acquired for Yourself, for a third party, or that was given to You as a gift by a third party.
1. Exchange policy in case of shipment of Your order
To exchange an item in case of delivery in Europe or Switzerland, You have a period of **2 [calendar] days** from the date of delivery, to submit Your request by email to **info@accessoires4x4.ch**. You must indicate Your customer information [Last Name, First Name, Customer Number], the order information [Number, Date, Payment Method], and the information of the item(s) concerned [Item Name, Reference, or Price] appearing on Your invoice and visible in Your user account upon delivery.
Subject to acceptance by Our customer service and depending on the nature of the item, You will then have **2 [calendar] days**, the postmark or the delivery note dated and signed by the carrier being proof, starting from the date of acceptance of Your request by Our order department, to return the item(s) concerned to Us **at Your expense AND FOLLOWING OUR RETURN INSTRUCTIONS**. So that We can instruct and process Your request as quickly as possible, You must, otherwise We will unfortunately not be able to satisfy it, attach to Your shipment, a **copy of the invoice and the delivery note** or the delivery note **without price** only in the case of a gift and addressed/sent by package.
Any item that is the subject of an exchange request must be returned to Us **at Your expense AND FOLLOWING OUR RETURN INSTRUCTIONS** in its **original packaging**, **unsealed**, **unused**, or **undamaged**. All these items must be sent to the following address:
DS DESIGN SERVICE SA,
Chemin des Bresoleys 24
1896 Vouvry
Switzerland
**WE DRAW YOUR ATTENTION TO THE FACT THAT WE WILL HAVE TO CUSTOMS CLEAR YOUR ORDER AGAIN AND THAT THE CUSTOMS FEES WILL BE YOUR RESPONSIBILITY.**
Subject to compliance with all these conditions, We commit to providing You with a gift voucher equal to the net amount of the item in Your order, which will allow You to purchase the item of Your choice in one of Our stores.
