Article 1 - Presentation
These general terms and conditions of sale apply to both professional and non-professional customers.
Clicking on the "Confirm" button at the end of the order process implies complete and unreserved acceptance of these general terms and conditions of sale.
The general terms and conditions of sale govern the contractual relationship between the company "NUHO" and its customers, both parties accepting them without reservation. They will prevail over any other conditions appearing in any other document, except prior, express and written derogation.
These conditions may be modified at any time without prior notice.
Article 2 - Purpose
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by nuho.ch to the consumer.
Article 3 - Product information
Every effort has been made to ensure the accuracy of the information presented on the nuho.ch website. Product names are used for identification purposes only. Product photos, descriptions and prices are not contractual.
Article 4 - Proof of transaction
The computerised registers, kept in the computer systems of the company "NUHO" in reasonable conditions of security, are considered as proof of the communications, orders and payments that have taken place between the parties.
Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 5 - Order confirmation
Contractual information will be confirmed by email to the address indicated by the consumer on the order form.
Article 6 - Prices and payments
The prices in force are those applicable on the day the order is issued.
Our invoices are payable by credit card via the secure "Stripe" system, the Twint App or by bank transfer to our IBAN account. All bank transactions must be carried out in advance and validated in order to initiate the goods dispatch process.
We can accept orders while stocks last. If, despite our vigilance, items are unavailable, we will inform consumers by email as soon as possible. Unless the consumer advises us otherwise, we will dispatch the entire order as soon as we receive the missing item.
Article 7 - Delivery terms and rates
All parcels sent are transported by Swiss Post and are subject to their general conditions of transport. Each parcel will be invoiced according to the rates and delivery times of Swiss Post.
Article 7.1 - International Europe
List of European countries: Belgium, France, Luxembourg. Each destination country will be billed individually:
VAT, customs duties and any other additional charges applicable to an online purchase in accordance with its legislation.
Article 7.2 - Delivery problems caused by the carrier
In the event of a problem with delivery, the consumer must send a complaint by email to contact@nuho.ch on the day of delivery or at the latest on the first working day following delivery, setting out the complaint in detail. After this deadline, all claims will be rejected.
Article 7.3 - Delivery errors
The consumer will have to communicate to "NUHO", the very same day of the delivery or at the latest the first wrought day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or quality, compared to the indications being reproduced on the delivery order. After this deadline, all claims will be rejected. This claim must be sent to the following email address: contact@nuho.ch.
Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release "NUHO", of any responsibility with respect to the consumer.
Article 8 - Product guarantee
The provisions of the present general conditions of sale cannot deprive the consumer of the legal guarantee which obliges the professional salesman to honour the obligations which fall to him. The consumer is expressly informed that the company "NUHO" is not the manufacturer of the products presented in the nuho.ch site and that it is released from any responsibility because of the defective products.
Consequently, in the event of damage caused to a person or property by a defect in the product, the consumer may only seek to hold the manufacturer liable, on the basis of the information appearing on the packaging of the said product.
The guarantee period is that of the use-by date. All products modified by the customer or any other entity are excluded from this guarantee.
Article 9 - Right of withdrawal
The right of withdrawal only applies to natural persons. In accordance with the law, consumers have a period of seven (7) working days to return, at their own expense, any products that do not suit them. This period runs from the day of receipt of the consumer's order.
All returns must be notified in advance to the nuho.ch customer service department.
In order for the consumer to benefit from the right of withdrawal, the sensitive products must not have been unsealed. Only products returned in their entirety, in their complete and intact original packaging and in perfect condition for resale will be taken back. Any product that has been damaged or whose original packaging has been damaged will not be reimbursed, taken back or exchanged. This right of withdrawal is exercised without penalty, with the exception of shipping and return costs. If the right of withdrawal is exercised, the consumer has the choice of requesting either a refund of the sums paid or an exchange of the product. In the case of an exchange, the return will be at the consumer's expense.
If the right of withdrawal is exercised, nuho.ch will make every effort to reimburse the consumer within ten (10) days of the return of the products.
Article 10 - Protection of personal data
All personal data entrusted to "NUHO" is used to process orders. In accordance with the Swiss law on data processing, data files and data retention conditions, the consumer has the right to rectify, consult, modify and delete the data he/she has provided. This right must be exercised by post.
Article 11 - Disputes
Any order placed through nuho.ch implies the customer's acceptance, without any restriction, of nuho.ch's general terms and conditions of sale.
In the event of a sale to a legal entity, any dispute relating to the sale (prices, general conditions, products, etc.) will be subject to Swiss law before the competent court at the registered office of NUHO.
Article 12 - Force majeure
Neither party will have failed to fulfil its contractual obligations to the extent that their performance is delayed, hindered or prevented by a fortuitous event of force majeure. Force majeure shall be deemed to be any act or circumstance that is irresistible, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts. The party affected by such circumstances will notify the other within fifteen working days of becoming aware of them. The two parties will then meet, within a period of 3 weeks, unless this is impossible due to force majeure, to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than one month, these general terms and conditions may be terminated by the injured party.
The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of Swiss courts and tribunals: blockage of means of transport, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Article 13 - Partial non-validation
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
Article 14 - Applicable law
These general terms and conditions are governed by Swiss law. This applies to both substantive and formal rules. In the event of a dispute or complaint, the consumer should first contact NUHO to obtain an amicable solution.
