General Terms and Conditions of ClimateShowMarket.com
General Conditions of Sales and Delivery www.climateshowmarket.com, Vevey, Switzerland
The www.climateshowmarket.com based in Vevey Switzerland (hereinafter referred to as CS Market) offers a marketplace for third-party sellers to list and sell their products or services through its online shopping webpage. Any interested individual, company or organisation (hereinafter referred to as buyer) may purchase and order products and services by phone call, email or through the online shop of the CS Market.
These general regulations apply to all buyers. The list of products and services are published in a printed catalogue or online by CS Market and can be modified at his initiative any time. The following terms of the General Conditions of Sales and Delivery shall apply in relations to business with entrepreneurs, corporations, companies and individuals. CS Market do not sell products or services to minors (18 years old). If you are under 18, you can only use the CS Market website under the supervision of a parent or guardian. Please, read the following conditions if you intend to use www.climateshowmarket.com.
1 – Validity of our General Conditions of Sales
CS Market is a marketplace that enables third-party sellers to list and sell their products or services on the website www.climateshowmarket.com. CS Market acts only as a host and facilitator of completed transactions. CS Market is neither the buyer nor the seller of the products or services of the third-party sellers.
CS Market provides only a meeting place (marketplace) in which buyers and third-party sellers agree on the products or services, conclude, complete and finalize their transactions. As a result, for the sale of these products or services from third party-sellers, a sale contract is formed only between the buyer and the third party-seller and do not include in any way CS Market. CS Market is not a directly or indirectly party to such a contract and assumes no liability arising from any such contract or arising out of this sales or services agreement.
CS Market is neither the agent nor the commercial or legal representative of the third-party sellers. The third-party seller is responsible for product sales and claims or any other problem arising or related to the contract between him and the buyer.
The guarantee related to the purchase of the buyer of the products or services is offered by the third-party sellers. CS Market is not involved or affected by the terms and the conditions of the guarantee offered by the third-party sellers.
1.2 Validity of the Present Terms
These Genera Conditions of Sales and Delivery have an exclusive validity. They apply to all future orders, even if they are not referred again. Terms and conditions of the buyer contrary to our General Conditions of Sales and Delivery are only valid if we have expressly approved their validity in written form. The buyer recognizes our present General Conditions of Sales and Delivery, even if an order is executed without any express reservation in knowledge of the general conditions of business of the buyer which are contrary to the present General Conditions.
2 – Sale and conclusion of the Contract
2.1 Validity of the Offers
The buyer might request a formal written offer by email any time before ordering. Unless otherwise agreed, our offers are valid for 30 days from their date of issue. To be applicable, the number and the conditions of the offer must be imperatively recalled at the time of the order (N ° of the offer in ref.).
Items prices are published in CS Market shop and it is indicated without VAT and might be subject to change. All prices indicated in the CS Market online shop might not be up to date and are not legally binding. They may vary and do not include shipping costs. Only the price confirmed directly by email, in an offer or by accepting the online order will be valid. If the price of the third-party sellers has changed, CS Market will inform the buyer by email first and get his acceptance of the new price before confirming his order.
2.3 Online Order
CS Market online shop gives the possibility to the buyer to purchase online and to make payments using a selection type of credit cards. When ordering online a product, the purchase order of buyers become binding as soon as they click on the final ordering button in the final step of the online shopping process. The non-binding confirmation email of the order that will be generated immediately and sent to the buyer does not constitute at this stage a confirmation of the order. Only, after checking, the price and the stock of third-party sellers and the delivery conditions, CS Market will send a confirmation email of the acceptance of the order which include the order number and the invoice of the order.
2.4 Email Order
Ordering by email is possible by sending an email to email@example.com. The non-binding confirmation email of the order that will be generated immediately and sent to the buyer does not constitute at this stage a confirmation of the order. Only, after checking the stock of the third-party sellers, the price and the delivery conditions, the CS Market will send a confirmation email of the acceptance of the order which include the order number and the invoice of the order.
2.5 Payment when ordering by email
The payment period is indicated in the invoice. Payment could be due at the order (online shopping), before delivery or after the delivery. Deductions, discounts or special offers are only permitted if they have been agreed in writing or expressly on the invoice. Payment terms and deadline are to be respected.
2.6 Payment default
In case of late payment, the CS Market might suspend the execution of orders in progress. The goods delivered shall remain the property of the third-party sellers until full payment of the goods and related costs.
2.7 Payment when ordering online
The Payment is due at the online order and can be done by using American Express, Master Card, Visa, JCB, Diners Club, Post Finance, Maestro and PayPal through a secure encrypted system. After the payment transaction, the buyer will receive a receipt of his payment that include also order number. The CS Market reserves the right to exclude certain transactions without any justification. Furthermore, the CS Market reserves the right to cancel a transaction already accepted if it is found to have been granted on the basis of inaccurate or misleading information, or if any other conditions of payment that have not been met.
3 – Return of goods
Any return for exchange or other reason (s), must be the subject of a prior agreement between the CS Market and the buyer. Standard items that are inappropriate or ordered in error are returned within a period of 10 days from the shipment date, subject to the following conditions:
- The CS Market shall replace or credit only the merchandise delivered by mistake or clearly defective. Returns are not accepted without prior agreement of the CS Market.
- In case of return of goods, an offer of return by the CS Market must be validated by both parties. An administrative fee may be charged.
- All returned merchandise must contain the original description in good condition, as well as the original packaging.
- Goods whose packaging is damaged or bearing inscriptions, labels or others will not be returned, credited or exchanged.
- Items used or damaged will not be taken back, credited or exchanged.
- All returns shipping costs will be borne by the buyer.
4 – Private Information
In accordance with Swiss data protection law, the CS Market guarantees the protection of private data collected from the buyer during the purchasing transaction. The CS Market never trades or transmits any private buyer information to third parties unless we are obliged by law or we have to use them to protect our safety or rights. Private information collected from buyer credit cards are treated with high level of confidentiality during transactions and does not remain in our systems and servers after payment transactions are terminated.
5 – Intellectual property
All content present or made available on CS Market, such as text, graphics, buttons, images, photos, digital downloads, and logos, are the property of CS Market and its affiliates or its sponsors or suppliers. All the content of the CS Market website is protected by the Swiss and international law of copyright, intellectual property, trademarks copyright and protection of databases. The compilation as well as the design of all the content of this website is the exclusive property of the CS Market and is protected by the Swiss and international law of copyright, intellectual property and protection of the databases.
Any redistribution or reproduction of part or all the contents in any form of CS Market is prohibited including, without limitation, the materials such as photographs, images, graphics, buttons, digital downloads, text logos or any description in this website unless we have expressly approved it in written form.
You might view this website and its contents, save and print a copy for your own information and research but you must not reproduce and transmit it for any commercial purposes. You may not distribute or exploit commercially or store in any other website or in other format, any of the content of this website including without limitation, the materials such as photographs, images, text, logos, buttons, graphics, digital downloads or any description part of this website.
You should not use robotic means for data extraction, or any other similar data collection or retrieval tools, to collect, retrieval and to reuse part or the whole content of this website, without our express and written agreement. You should not create and publish your own databases based on the contain of www.climateshowmarket.com prices and items listings such as list of products and services, prices, images or their descriptions, without our express written consent.
6 – Limitation of Liability
CS Market is not liable for losses that have not been caused by our fault including commercial or private losses such as loss of profit, transaction benefits, contracts and savings, funds, or any direct or indirect consequential of losses that were not predictable by both parties. The delivery time is indicated at the confirmation of the order of products. However, we will not be held responsible for the expired delays of the suppliers to deliver your products or to carry out the orders of services. This is outside our reasonable control.
7 – Validity of the Contract
These general terms and conditions are valid from 01.11.2017 and replace all previous directives and provisions.
8 – Applicable law and jurisdiction
Swiss law only is applicable and governs these present regulations. The invalidity of any provision of these present regulations shall not invalidate the entirety thereof. In case of dispute, the exclusive place of jurisdiction is the court of Vevey. Mandatory jurisdictions provided by law remain reserved. Only the French version of these present regulations shall prevail.
Vevey, November 1st, 2017
Climate Show Market
Case postale 381
Phone: +41 79 391 14 64