ACCESSOIRES4X4.CH – SWISSKINGS
Version 2026
PREAMBLE
These Terms and Conditions of Sale (hereinafter the "T&Cs") govern all sales concluded between:
DS DESIGN SERVICE SA
Chemin des Bresoleys 24
1896 Vouvry
Switzerland
Commercial Register: CH-429.047.645
(hereinafter "the Seller")
and
any natural or legal person making a purchase on the website accessoires4x4.ch, Swisskings or any other commercial channel operated by DS DESIGN SERVICE SA (hereinafter "the Customer").
Any order implies unreserved acceptance of these T&Cs.
ARTICLE 1 – SCOPE OF APPLICATION
These T&Cs apply to all sales made by DS DESIGN SERVICE SA to private or professional customers.
They apply in particular to the sale of:
- roof tents;
- awnings;
- annexes;
- roof racks;
- camping equipment;
- 4x4 accessories;
- automotive parts and accessories;
- outdoor equipment;
- any other product marketed by the Seller.
These T&Cs prevail over any conflicting document issued by the Customer, unless otherwise agreed in writing in advance by the Seller.
ARTICLE 2 – CAPACITY OF THE CUSTOMER
The Customer declares that they:
- are at least 18 years of age;
- have the legal capacity to enter into a contract;
- provide accurate information when placing the order.
Where an order is placed on behalf of a company, an association or any other legal entity, the person placing the order declares that they have all the necessary authority to bind that entity.
The Seller may not be held liable for the consequences arising from incorrect or incomplete information provided by the Customer.
ARTICLE 3 – PRODUCTS
The photographs, videos, illustrations, diagrams, 3D renderings, technical descriptions and commercial documents appearing on the website are provided for information purposes only.
Minor differences may exist between the visuals presented and the products actually delivered, without this constituting a lack of conformity.
The Seller reserves the right to modify at any time:
- the technical specifications;
- the colours;
- the materials;
- the accessories supplied;
- the manufacturing methods;
without any obligation to modify products already delivered or ordered.
The weights, dimensions and technical specifications provided are given for information purposes only and may show slight variations due to industrial processes.
ARTICLE 4 – ORDER
The order is deemed firm and final upon validation of payment or receipt of the requested deposit.
The Seller reserves the right:
- to refuse an order;
- to suspend its processing;
- to require additional information;
in particular in the event of suspected fraud, a prior dispute or incomplete information.
The order confirmation sent to the Customer formalises the formation of the contract of sale.
Any request for modification after validation of the order remains subject to the express agreement of the Seller.
ARTICLE 5 – PRICES
The prices displayed are expressed:
- in Swiss francs (CHF);
- in euros (EUR);
depending on the selected country of delivery.
The prices displayed include the applicable taxes according to the delivery destination.
Shipping, packaging, handling or additional service charges are indicated separately before validation of the order.
The Seller reserves the right to modify its prices at any time.
However, the applicable price remains the one displayed at the time of final validation of the order.
ARTICLE 6 – PAYMENT
Payment may be made by:
- credit or debit card;
- bank transfer;
- PayPal;
- financing or instalment payment where offered;
- any other means of payment offered on the website.
The Seller remains the owner of the goods until full payment of the sums due.
In the event of non-payment, the Seller may:
- suspend any delivery;
- cancel the order;
- require the return of the goods;
- refuse any future order.
All costs relating to debt recovery remain payable by the Customer to the extent permitted by the applicable regulations.
ARTICLE 7 – PRODUCT AVAILABILITY
The lead times displayed are given for information purposes only.
They depend in particular on:
- production capacity;
- supplier procurement;
- international transport;
- customs formalities;
- logistical constraints.
The Seller cannot be held liable for delays attributable to a supplier, a carrier, an administrative authority or any event beyond its control.
In the event of temporary unavailability, the Customer will be informed as soon as possible.
The Seller may offer:
- a new lead time;
- an equivalent product;
- cancellation of the order.
ARTICLE 8 – DELIVERY AND RECEIPT OF GOODS
The goods travel at the Customer's risk from the moment they are handed over to the carrier, where the applicable legislation so permits.
The Customer is required to carefully check the condition of the goods at the time of delivery.
In the event of damage, impact, deteriorated packaging or a damaged product, the Customer must:
- open and inspect the goods in the presence of the driver;
- precisely record the observed damage on the delivery note;
- refuse the delivery when the goods are damaged;
- take detailed photographs;
- inform the Seller within 24 hours of delivery.
The wording "subject to unpacking" or any similar wording does not constitute a valid reservation with carriers and insurers.
No claim relating to transport damage can be accepted where the goods have been accepted without a compliant reservation.
The Customer acknowledges that bulky products such as roof tents, roof racks or awnings may be delivered in packaging showing transport marks without the product itself being damaged.
The unjustified refusal of a delivery may result in the invoicing of the transport, return, handling and reshipping costs incurred by the Seller.
ARTICLE 9 – RIGHT OF WITHDRAWAL
9.1 General principle
Where the regulations applicable to the contract so provide, in particular for sales made to consumers located in the European Union, the Customer has a period of fourteen (14) calendar days from receipt of the goods to exercise their right of withdrawal without having to give reasons for their decision.
The provisions of this article apply exclusively in cases where a right of withdrawal is provided for by the regulations applicable to the contract concerned.
Professional customers, companies, associations, public authorities or any person acting in the course of their professional activity do not benefit from this right, save for any mandatory legal provision to the contrary.
9.2 Exercise of the right of withdrawal
The Customer must notify their decision to withdraw no later than before the expiry of the period of fourteen (14) calendar days following receipt of the goods.
By calendar days is meant all days of the calendar, including Saturdays, Sundays and public holidays.
By way of example, goods received on the 1st of the month must be the subject of a withdrawal notification no later than the 15th of the same month at 11:59 p.m.
The Customer may exercise their right of withdrawal by means of:
- the withdrawal form made available on the website;
- the dedicated electronic feature accessible from the website;
- or any unambiguous statement expressing their wish to withdraw.
The request must make it possible to clearly identify:
- the Customer;
- the order number;
- the products concerned.
The date of receipt of the request by the Seller shall prevail.
In accordance with the applicable regulations, the Seller shall send the Customer an acknowledgement of receipt of their withdrawal request on a durable medium.
9.3 Administrative validation of the request
Any withdrawal request is subject to a prior administrative check.
The Seller then communicates to the Customer:
- the applicable return address;
- the logistical arrangements for the return;
- any specific instructions relating to the product concerned.
No return should be shipped before receipt of the return instructions provided by the Seller.
The administrative processing of a withdrawal request may require several working days.
9.4 Return of the goods
After notifying their decision to withdraw, the Customer has a maximum period of fourteen (14) calendar days to return the goods concerned.
By calendar days is meant all days of the calendar, including Saturdays, Sundays and public holidays.
By way of example, a withdrawal notified on the 1st of the month means that the returned goods must be handed over to the carrier no later than the 15th of the same month.
The products must be returned:
- complete;
- clean;
- together with all their accessories;
- together with their instruction manuals;
- together with their fixing components;
- in their original packaging or packaging offering an equivalent level of protection;
- properly protected for transport.
The Customer remains liable for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and proper functioning of the product.
9.5 Return costs
The return costs remain entirely payable by the Customer.
The Customer acknowledges being expressly informed that the products marketed by Swisskings and Accessoires4x4.ch, in particular roof tents, awnings, annexes, roof racks and other bulky equipment, frequently require specialised transport that may generate significant return costs.
No reimbursement of return costs may be granted, save for any mandatory legal provision to the contrary.
9.6 Liability for return transport
The Customer remains solely liable for the goods until their actual receipt at the Seller's warehouses.
Any loss, deterioration, damage or harm occurring during return transport remains the sole responsibility of the Customer.
The Seller recommends using a carrier that provides:
- shipment tracking;
- proof of delivery;
- insurance covering the actual value of the goods.
No reimbursement can be made for goods not received or received in a damaged condition as a result of return transport.
9.7 Products excluded from the right of withdrawal
The right of withdrawal does not apply to products excluded by the applicable regulations.
This concerns in particular:
- made-to-measure products;
- personalised products;
- products manufactured according to the Customer's specifications;
- products modified at the Customer's request;
- more generally, products benefiting from an exclusion of the right of withdrawal provided for by the applicable regulations.
The Seller will inform the Customer prior to the order when a product is excluded from the right of withdrawal.
9.8 Inspection of returned products
Upon receipt of the return, the Seller carries out a complete inspection of the product, its accessories, its packaging and its general condition.
The right of withdrawal only allows the Customer to examine the product under conditions comparable to those offered in a physical store in order to verify its nature, characteristics and proper functioning.
The right of withdrawal does not constitute an opportunity for free rental, extended trial or temporary use of the product.
Use of the product during a trip, holidays, a stay, an event, a bivouac, camping or any other outdoor activity constitutes actual use of the product and not a mere verification of its characteristics.
Any use exceeding the normal scope of verification may result in a diminished value of the product in accordance with Article 11 of these Terms and Conditions of Sale.
ARTICLE 10 – CONDITIONS FOR RETURNING PRODUCTS
Returned products must imperatively be:
- complete;
- clean;
- together with all their accessories;
- together with their instruction manuals;
- together with their fixing components;
- properly protected for transport;
- returned in their original packaging or packaging offering an equivalent level of protection.
The Customer is solely liable for damage resulting from insufficient or unsuitable packaging at the time of return.
The Seller reserves the right to refuse any return that is manifestly incomplete or non-compliant.
ARTICLE 11 – DIMINISHED VALUE OF RETURNED PRODUCTS
The right of withdrawal only allows the Customer to examine the product under conditions comparable to those offered in a physical store in order to verify its nature, characteristics and proper functioning.
The right of withdrawal does not constitute an opportunity for free rental, extended trial or temporary use of the product.
Use of the product during a trip, holidays, a stay, an event, a bivouac, camping or any other outdoor activity constitutes actual use of the product and not a mere verification of its characteristics.
The Customer is liable for any diminished value resulting from handling exceeding that necessary for the normal examination of the product.
Upon receipt of the return, the Seller will carry out a complete inspection of the product.
A diminished value may in particular be found in the following cases:
- packaging missing or deteriorated;
- traces of assembly or disassembly;
- traces of tightening or installation on a vehicle;
- scratches, impacts or deformations;
- missing accessories;
- missing instruction manuals;
- soiling;
- moisture;
- mould;
- odours;
- exposure to the elements;
- deterioration of the fabric, mattress, cover or components;
- any use reducing the market value of the product.
For roof tents, awnings, annexes and camping equipment, a thorough inspection will be systematically carried out.
Indicative diminished-value scale
- Original packaging missing, severely deteriorated or unusable: up to 15 % of the product price.
- Missing accessories, fixings or instruction manuals: cost of replacing the components concerned.
- Light traces of assembly or disassembly: up to 10 % of the product price.
- Visible traces of assembly on a vehicle or of use: from 10 % to 25 % of the product price.
- Product used in real conditions (trip, holidays, camping, bivouac, prolonged outdoor use or any other use exceeding the mere verification of the product): diminished value corresponding to the actual loss of value found, which may reach up to 50 % of the product price.
- Product showing significant traces of use, wear, exposure to the elements, soiling, moisture, mould, odours or deterioration of components: diminished value which may reach up to 50 % of the product price.
- Product whose condition no longer allows resale under normal commercial conditions or as a demonstration product: diminished value corresponding to the actual loss of value found, which may exceed 50 % of the product price.
The above percentages are given for information purposes only. The diminished value actually applied will be determined according to the actual loss of value found during the inspection.
The Customer is expressly informed that the protective packaging of roof tents, awnings and bulky products is specially designed for the transport of heavy and sensitive goods.
The value of this packaging may represent up to 15 % of the sale price of the product.
ARTICLE 12 – REFUND
Any refund will only be made after:
- actual receipt of the goods;
- complete inspection of the return;
- validation of the file;
- assessment of any diminished value.
Any diminished value found will be deducted from the amount refunded.
The refund will be made using the same means of payment as that used when placing the order, unless otherwise agreed between the parties.
The Seller reserves the right to defer any refund until actual receipt of the returned goods.
ARTICLE 13 – EXCHANGE POLICY
Exchanges do not constitute an automatic right.
Any exchange request remains subject to the prior acceptance of the Seller.
The return costs relating to an exchange remain payable by the Customer unless otherwise agreed in writing by the Seller.
Products returned as part of an exchange must comply with the same conditions as those provided for returns and withdrawals.
The Seller reserves the right to offer:
- an exchange;
- a credit note;
- a refund;
- or a reasoned refusal of the request when the required conditions are not met.
ARTICLE 14 – STATUTORY WARRANTY AND COMMERCIAL WARRANTY
The products marketed by the Seller benefit from the statutory warranties applicable under the regulations applicable to the contract.
The warranty covers exclusively manufacturing defects, material defects or intrinsic defects of the product.
The warranty is strictly limited to repair, replacement or any other solution that the Seller deems appropriate according to the circumstances of the case.
The following are in particular excluded from the warranty, without this list being exhaustive:
- normal wear and tear of the product;
- normal traces of use;
- scratches, impacts, deformations or cosmetic damage resulting from use;
- damage related to incorrect assembly;
- damage related to non-compliant use;
- damage related to overloading;
- damage resulting from a lack of maintenance;
- damage caused by an accident;
- damage related to a modification, transformation, adaptation, repair or intervention carried out on the product by the Customer or an unauthorised third party;
- damage caused by extreme weather conditions;
- damage resulting from professional, sporting, intensive or rental use where the product is not designed for such use;
- damage resulting from a defect in anchoring or fixing;
- damage caused by improper storage;
- damage caused by damp storage;
- mould;
- odours resulting from inadequate storage;
- damage resulting from closing the product while it is damp;
- damage caused by prolonged exposure to moisture;
- damage related to the accumulation of water, snow or ice;
- damage resulting from exposure to winds exceeding the manufacturer's recommendations;
- damage caused by animals, insects or rodents;
- accidental cuts, perforations, burns or tears;
- damage resulting from unsuitable cleaning products, solvents or treatments;
- damage resulting from failure to comply with the instruction manuals, instructions or recommendations of the manufacturer;
- damage resulting from use of the product on degraded tracks, off-road, in competition, on raids, in obstacle-crossing or under conditions exceeding the normal use intended by the manufacturer;
- disassembly costs;
- reassembly costs;
- vehicle downtime costs;
- transport costs;
- expert appraisal costs;
- labour costs;
- ancillary costs resulting directly or indirectly from the alleged defect.
With regard to roof tents, awnings, annexes and camping equipment, the Customer is responsible for completely drying the product before storing it.
Condensation phenomena resulting from weather conditions, ambient temperature, humidity level, product ventilation or occupancy of the sleeping area do not constitute a manufacturing defect and cannot give rise to a warranty claim.
Any warranty request must be accompanied by:
- sufficiently detailed photographs;
- a precise description of the problem encountered;
- the order or invoice number;
- and any element allowing the identification of the product concerned.
The Seller reserves the right to request:
- additional photographs;
- videos;
- technical information;
- an expert appraisal;
- or the return of the product before any decision to take charge of the claim.
No intervention, repair, modification, sewing, replacement of a part or repair attempt carried out without the prior written agreement of the Seller may give rise to a refund or warranty claim.
14.1 Products modified by the Customer
Any modification, transformation, adaptation, drilling, cutting, gluing, addition of accessories, repair, sewing, replacement of parts or intervention carried out on the product by the Customer or by an unauthorised third party results in the loss of the warranty on the components concerned and may result in the total or partial exclusion of the warranty on the entire product where such intervention prevents the origin of the alleged defect from being established.
The Seller reserves the right to refuse to take charge of any claim where the condition of the product no longer allows the origin of the alleged defect to be objectively assessed.
Where a product that has been modified is returned to the Seller, the Seller may refuse to take it back, limit its handling of the claim or apply a diminished value taking into account the impossibility of reselling the product in its original condition.
In the context of an exchange, a goodwill gesture, an amicable solution or an exceptional replacement granted by the Seller, the return of a modified product may not be interpreted as an acknowledgement of a manufacturing defect, a hidden defect or any liability on the part of the Seller.
The Seller remains free to accept or refuse the taking back of a modified product, even where such taking back occurs in the context of an amicable solution offered to the Customer.
Where a product replaced, taken back or exchanged in the context of a warranty, a goodwill gesture or an amicable solution is retained by the Seller, such taking back does not constitute an acknowledgement of a manufacturing defect, a hidden defect or any liability on the part of the Seller.
Any taking back or replacement carried out on a goodwill basis remains exceptional and may not create a precedent nor be invoked in the context of another case.
14.2 Warranty procedure
The Seller remains the sole decision-maker as to the method of handling a warranty request.
Depending on the nature of the case, the Seller may in particular:
- provide a replacement part;
- have the product repaired;
- replace the product;
- offer a credit note;
- offer a commercial contribution;
- or refuse to take charge of the claim when the warranty conditions are not met.
No replacement shipment, goodwill gesture or amicable proposal may be interpreted as an automatic acknowledgement of liability on the part of the Seller.
ARTICLE 15 – PRODUCT COMPATIBILITY
The Customer is solely responsible for verifying the compatibility of the product with their vehicle, their installation or their intended use.
The information provided on the website, in catalogues, technical data sheets, emails, social media or by telephone is provided for information purposes only.
The Seller does not guarantee compatibility with all versions, engines, trim levels, manufacturer options or modifications made to a vehicle.
Some installations may require:
- adaptations;
- adjustments;
- modifications to the vehicle;
- additional equipment.
These operations fall exclusively within the responsibility of the Customer.
ARTICLE 15 BIS – TECHNICAL INFORMATION AND COMPATIBILITY ADVICE
The technical information, recommendations, compatibility opinions, assembly simulations and advice provided by the Seller by telephone, email, instant messaging, social media or any other means of communication are provided on the basis of the information communicated by the Customer.
The Customer acknowledges that the Seller cannot physically verify remotely all the characteristics, manufacturer options, modifications, accessories, model-year changes, special series, installed equipment or particularities specific to each vehicle.
The compatibility indications provided by the Seller constitute information given for information purposes only and may not constitute an absolute guarantee of compatibility.
The Customer remains solely responsible for the final verification of the compatibility of the product with their vehicle before any installation, modification or use.
The Seller may not be held liable where an incompatibility results in particular from:
- an error or omission in the information provided by the Customer;
- a prior modification of the vehicle;
- a special or limited series;
- a manufacturer development;
- a market difference (Europe, Switzerland, Australia, United States, Asia, etc.);
- a change of model year;
- a particular technical configuration;
- equipment or an accessory installed after leaving the factory.
The Customer acknowledges that certain products, in particular wheels, wheel spacers, snorkels, bumpers, protections, roof racks and off-road equipment, may require additional adaptations or checks that cannot be determined with certainty before physical inspection of the vehicle.
No advice provided by the Seller may release the Customer from their obligation of prior verification.
The costs related to a compatibility error resulting from one of the aforementioned situations remain payable by the Customer.
ARTICLE 16 – WHEELS AND RIMS
The information relating to dimensions, offsets (ET), bolt patterns, centre bores, load capacities and compatibilities is provided for information purposes only.
The Customer remains solely responsible for verifying the compatibility of the wheels with their vehicle.
A wheel advertised as compatible may require:
- a modification of the vehicle;
- a lift kit;
- the fitting of wheel spacers;
- an adaptation of the tyres;
- a modification of peripheral components.
The Seller does not guarantee the type approval of the fitting in the country where the vehicle is used.
The Customer remains solely responsible for compliance with the applicable local regulations.
ARTICLE 17 – WHEEL SPACERS
Wheel spacers modify the original characteristics of the vehicle.
Their installation may require:
- type approval;
- administrative acceptance;
- a specific technical inspection;
- additional modifications to the vehicle.
The Customer remains solely responsible for:
- the conformity of the fitting;
- the administrative procedures;
- any declarations to their insurer;
- compliance with the applicable regulations.
The Seller may not be held liable for a refusal of type approval or registration.
ARTICLE 18 – SNORKELS, BUMPERS, ROOF RACKS AND OFF-ROAD EQUIPMENT
Snorkels, bumpers, protections, roof racks, side steps, skid plates, fender flares and equipment intended for off-road use may require:
- cutting;
- drilling;
- bodywork modifications;
- technical adaptations;
- specific type approvals.
The Customer acknowledges being fully informed of these constraints before purchase.
The choice of product, its installation, its regulatory conformity and its use fall exclusively within the responsibility of the Customer.
No taking back may be accepted after assembly, an assembly attempt or modification of the product.
The Seller does not guarantee the road type approval of the equipment in all countries.
ARTICLE 19 – ROOF TENTS, AWNINGS AND CAMPING EQUIPMENT
The Customer is solely responsible for the prior verification of:
- the permissible dynamic load;
- the permissible static load;
- the capacity of the vehicle roof;
- the capacity of the roof bars;
- the capacity of the roof racks;
- the quality of the fixing points.
The load values communicated by the Seller are provided for information purposes only on the basis of the information available at the time of sale.
The Seller cannot be held liable for:
- a deformation of the roof;
- a tearing out of the fixings;
- a collapse of the vehicle structure;
- material or bodily damage resulting from an unsuitable installation;
- an exceeding of the vehicle's permissible loads.
The Customer remains solely responsible for compliance with the recommendations of the vehicle manufacturer.
ARTICLE 20 – ASSEMBLY AND INSTALLATION
Unless expressly stated otherwise, the products marketed are intended to be installed under the responsibility of the Customer or a professional of their choice.
The Seller may not be held liable for:
- an assembly error;
- an installation defect;
- an incorrect adjustment;
- a maintenance defect;
- use not in accordance with the instruction manuals provided.
All costs related to disassembly, reassembly, vehicle downtime, expert appraisal or labour remain payable by the Customer.
ARTICLE 21 – SCREWS, BOLTS AND FIXING COMPONENTS
The mechanical performance of screws, nuts, bolts, anti-theft devices and fixing systems depends directly on the assembly conditions.
No warranty may be granted where the failure results in particular from:
- an incorrect tightening torque;
- excessive tightening;
- insufficient tightening;
- an assembly defect;
- a lack of maintenance;
- corrosion;
- non-compliant use.
The Customer is solely responsible for compliance with the assembly and periodic inspection recommendations.
ARTICLE 22 – LIMITATION OF LIABILITY
The Seller may not be held liable for indirect damage resulting in particular from:
- a loss of operations;
- vehicle downtime;
- a loss of revenue;
- a loss of use;
- commercial harm;
- financial harm;
- a loss of earnings.
The Seller's liability is strictly limited to the value of the product sold.
Under no circumstances may the Seller be held liable for the consequences resulting from:
- incorrect assembly;
- unsuitable use;
- overloading;
- a modification of the product;
- a modification of the vehicle;
- failure to comply with the technical recommendations;
- use in competition, raids, rallies or extreme activity.
ARTICLE 23 – PHOTOGRAPHS AND COMMERCIAL DOCUMENTS
The photographs, videos, illustrations, instruction manuals, diagrams, technical data sheets and marketing materials are provided for information purposes only.
Minor differences in presentation, colour, finish or accessories may exist without constituting a lack of conformity.
The photographs and visuals present on the website are non-contractual.
ARTICLE 24 – OBLIGATIONS OF THE CUSTOMER
The Customer acknowledges having taken note of:
- the characteristics of the product;
- the instruction manuals;
- the precautions for use;
- the assembly recommendations;
- any technical limitations.
The Customer undertakes to use the products in accordance with their intended purpose and the instructions provided.
Any use contrary to the recommendations of the manufacturer or the Seller is carried out under the sole responsibility of the Customer.
ARTICLE 24 BIS – DELIVERY ERROR AND GOODS DELIVERED IN ERROR
The Customer is required to report to the Seller as soon as possible any delivery error found, in particular in the event of:
- receipt of a product not ordered;
- receipt of a product in a quantity greater than that ordered;
- a reference error;
- receipt of goods intended for another customer;
- or any other preparation or shipping error.
Goods delivered in error remain the exclusive property of the Seller.
The Customer shall refrain from:
- using the products received in error;
- installing the products received in error;
- modifying them;
- transferring them to a third party;
- reselling them;
- destroying them;
- or wrongfully retaining them.
The Customer undertakes to keep the goods in the condition in which they were received until the Seller arranges for their collection.
The Seller will bear the reasonable costs related to the recovery of goods delivered in error where such error is attributable to it.
Any use, deterioration, disappearance, resale or unjustified refusal to return goods received in error may give rise to the invoicing of their full value as well as to any action necessary to safeguard the Seller's rights.
The Customer acknowledges that a material error in preparation, shipping or delivery may not confer on them any right of ownership over the goods received in error.
ARTICLE 24 TER – EXCHANGES, REPLACEMENTS AND SUBSTITUTE PRODUCTS
In the context of handling a claim under warranty, a goodwill gesture, an exchange or any other intervention by the Seller, the latter may be required to ship to the Customer a replacement product, a replacement part or a substitute product before recovery of the original product.
Unless otherwise agreed in writing by the Seller, the replaced product remains the property of the Seller until its actual return.
The Customer undertakes to return the replaced, defective or exchanged product within the time limits communicated by the Seller.
The Customer shall in particular refrain from:
- keeping both the replaced product and the replacement product at the same time;
- reselling the replaced product;
- transferring the replaced product to a third party;
- using the replaced product after receipt of the replacement product;
- disassembling the replaced product in order to recover certain parts from it;
- destroying or abandoning the replaced product.
In the event of failure to return the replaced product within the communicated time limit, the Seller may:
- invoice the value of the product not returned;
- require its immediate return;
- suspend any subsequent handling of claims;
- initiate any proceedings useful to safeguard its rights.
Where the replaced product has damage, defects or malfunctions, the Customer remains required to return it in the condition in which it is found.
The retention of a replaced product after receipt of a replacement product does not transfer any right of ownership to the Customer.
The Customer acknowledges that an advance replacement or an exchange carried out by the Seller is based on a principle of trust and may not have the effect of allowing them to keep several units of the same product without the prior written authorisation of the Seller.
ARTICLE 25 – FORCE MAJEURE
The Seller may not be held liable for the total or partial non-performance of its obligations where such non-performance results from an event of force majeure or an event reasonably beyond its control.
The following are in particular considered as such, without this list being exhaustive:
- natural disasters;
- fires;
- floods;
- storms;
- pandemics or epidemics;
- armed conflicts;
- acts of terrorism;
- civil unrest;
- strikes;
- port blockages;
- port closures;
- delays or unavailability of maritime, air, rail or road transport;
- shortages of raw materials;
- shortages of components;
- government restrictions;
- embargoes;
- customs blockages;
- supplier failures;
- carrier failures;
- cyberattacks;
- major failures of communication networks or infrastructure.
In the event of the occurrence of such an event, the Seller's obligations are suspended for the entire duration of the event concerned.
The Seller undertakes to inform the Customer as soon as possible where an event of this nature is likely to affect the performance of the order.
No indemnity, penalty, claim for damages or order cancellation may be required from the Seller solely on account of the occurrence of an event of force majeure.
ARTICLE 26 – APPLICABLE LAW AND COMPETENT JURISDICTION
These Terms and Conditions of Sale are governed by Swiss law.
In the event that certain mandatory consumer protection provisions are applicable under the legislation of the Customer's country of residence, these shall remain applicable to the extent required by the regulations concerned.
Any dispute relating to the interpretation, performance, validity or termination of these Terms and Conditions of Sale shall be submitted to the competent courts of the Canton of Valais, Switzerland, subject to any mandatory provisions applicable in matters of consumer protection.
Before any legal proceedings, the parties undertake to seek an amicable solution within a reasonable time.
If any of the provisions of these Terms and Conditions of Sale should be declared null, illegal or unenforceable, the other provisions shall remain fully valid and applicable.
The fact that the Seller does not avail itself, at a given time, of a provision of these Terms and Conditions of Sale may not be interpreted as a waiver of the right to avail itself of it subsequently.