Publication date: March 2023
1. Scope
The general conditions of sale apply to all orders placed with official Elite SA points of sale ("Elite Gallery") in Switzerland and delivered in Switzerland. Elite SA reserves the right to modify the terms and conditions of sale from time to time. The current version can be downloaded from https://www.elitebeds.ch/fr/maison-elite/garanties. The current valid version of the agreement at the time the order was processed will be applied. It cannot be changed jointly or severally for the current order.
2. Offers and prices
The agreed prices include only the items duly specified in the offer. All items not included in the offer invoiced are applied separately. Prices are inclusive of all taxes (VAT). However, they do not include delivery or shipping costs which will be specified separately. Customs duties or other fees charged by authorities in other counties are not included and are soley for the client's account. Offers and quotes are made without obligation to the customer. The signature of the buyer on the invoice or e-mail confirmation confirms the sale contract. All individual offers are valid for three months from the date of issue.
3. Projects, drawings, plans and models
The projects, drawings, plans, models, descriptions, samples and other documents always remain the property of Elite SA, even in the absence of it being stipulated in a contract, and may not be used in any form whatsoever, copied or reproduced without the express authorization of Elite SA. Copyrights remain reserved.
4. Delivery time
Delivery will take place on the date agreed with the Elite SA delivery service. Observation of the delivery time is not subject to unforeseen impediments: modification of the order, work, delay with suppliers or other trades, force majeure. Elite SA undertakes to take all measures to respect the delivery times indicated but cannot be held responsible for any penalties due for late delivery due to unforeseen circumstances beyond Elite's control.
5. Place of performance and transfer of risk
In the case of goods delivered in Switzerland, the risk is transferred from Elite SA to the customer when the goods are delivered to the delivery address confirmed in writing. In the case of goods delivered outside of Switzerland, unless expressly agreed otherwise, the risk of damage or loss of goods is transferred from Elite SA to the customer when the goods leave the Elite premises with the approved carrier.
6. Execution
Execution is determined by the wording of the accepted offer.
7. Supplies and materials
The supplies and materials used will meet the description of the offer and the sampling submitted. Minor differences in the colours and structures of fabrics, trimmings, textiles, and other materials used, may occur and are not the liability or the responsibility of Elite SA. Elite SA assumes no responsibility for changes or deterioration of colours, structures, etc, due to light, temperature, humidity and any other conditions considered unsuitable for normal use. The same applies to damage or deterioration resulting from supplies and materials chosen, imposed or delivered by the customer, which Elite SA advised against or indicated reservations regarding their use.
8. Payments
Unless otherwise specified, a deposit of 30% is due at the time of conclusion of the contract, with the balance payable on delivery. In the event of cancellation of the order by the customer, Elite SA reserves the right to not refund the deposit.
9. Guarantees
The warranty conditions can be found at https://www.elitebeds.ch/fr/maison-elite/garanties and are binding. If the products were not used correctly by the customer, Elite reserves the right to amend or even exclude the guarantees.
10. Complaints or disputes
The customer is obliged to inspect the goods on delivery or immediately after delivery. Any defect must be reported without delay to Elite SA, failing which the goods will be deemed approved and in good order. In the event of a complaint or dispute, the terms of payment remain unchanged. Only the balance amount still outstanding can be withheld until the matter in dispute is settled.
11. Termination of the contract
Payment remains due even if cancelled by the customer.
12. Retention of title
The goods supplied remain the property of Elite SA until full payment of the total amount of the invoice is received.
13. Place of jurisdiction and applicable law
Any dispute is subject to Swiss law. The exclusive place of jurisdiction is at the registered office of Elite SA.
14. Acceptance of general conditions
Validation of the offer implies acceptance of all these conditions by the customer. These terms and conditions and the warranty conditions replace the legal provisions in their entirety.
