The present General Selling Conditions (hereafter called “Conditions”) are applicable within the framework of the concluded contractual relation between :
On one hand, EUROPE & NATURE SA, public limit company of right Swiss to the capital of 100,000 CHF, Le Grand Chemin 82.1066 Epalinges, registered under N° CH-550-1071172-9,
And in other hand, people, private individuals or not, wishing to carry out a purchase near EUROPE & NATURE ™ via the on line sites www.europeetnature.ch, www.europeetnature.com and www.europeandnature.com or by any other means of communication which are made possible by EUROPE & NATURE ™, hereafter called the “Customers” or the “Customer”.
EUROPE & NATURE ™ and Customers together hereafter called “Parties”
Customers of EUROPE & NATURE™, which are recorded on www.europeetnature.ch, www.europeetnature.com and/or www.europe-nature.ch are called hereafter the “Members”.
The www.europeetnature.ch sites, www.europeandnature.com and www.europe-nature.ch are commonly called hereafter the “Sites of EUROPE & NATURE”.
The products and proposed services by EUROPE & NATURE ™ are exclusively intended to the Customers of the following countries: Switzerland, France, Belgium, the Netherlands, Germany, Austria, Luxembourg, Great-Britain, Ireland, Italy, Lichtenstein and Monaco.
EUROPE & NATURE ™ reserves the right to modify in any time its general selling conditions.
The fact that EUROPE & NATURE™ doesn’t show at a given time these general conditions cannot be interpreted like being worth renunciation to these general conditions.
All the products sold by EUROPE & NATURE ™ indexed on Internet sites of the company are hereafter called the “Products”.
The present general terms aim at defining the relation between EUROPE & NATURE™ and its Customers, the methods of sale between EUROPE & NATURE™ and its Customers, from the order to the delivery, through the use of the services placed at the disposal by EUROPE & NATURE™ and through the payment. They regulate all the stages necessary to place an order and ensure the follow-up of this order between the Parties.
3. Field of application
The present Conditions govern the sale of the Products being on the Sites of EUROPE & NATURE™ at the day of the placing of the order by the Customer. They apply to all the modes of placing of orders proposed by EUROPE & NATURE™, either that the order was placed by Internet, e-mail, telephone, fax or postal mail.
Capacity to be contracted
Any customer of the company EUROPE & NATURE™ states to have the capacity to contract in the conditions described hereafter.
EUROPE & NATURE™ reserves the right to refuse any Ordering of a Customer with whom would exist or would appear a present litigation, in particular a litigation of payment or any abusive and suspect behaviour.
The present general terms are systematically made available for each Customer on Internet sites of EUROPE & NATURE™. On request of the Customer, they can also be sent by e-mail, fax or postal mail.
The fact of clicking the box “I took note of the general selling conditions and I accept them” before validating his order involves express and automatic acceptance by the Customer and without restriction or reserve of these Conditions.
The Customer admits by this act having read and having understood the present Conditions and having accepted them. Purchase by e-mail, telephone, fax or postal mail also implies the acceptance of these Conditions which he admits having read, having understood and having accepted under the conditions mentioned above.
EUROPE & NATURE™ endeavours to present as well as possible, on the Products files, the essential characteristics of the products that the Customer must take note.
EUROPE & NATURE™ reserves the right to modify Products files according to constraints related to its suppliers. Information and characteristics are those given by suppliers.
EUROPE & NATURE™ is not responsible for the erroneous data transmitted by the suppliers. The pictures and graphics presented on the sites or e-mails sent by EUROPE & NATURE™ are given only as an indication. In particular, the difference in perception of the forms and colours between the pictures or graphics and the Products cannot engage the responsibility of EUROPE & NATURE™.
EUROPE & NATURE™ will make its best efforts so that the pictures of the Products on the Sites of EUROPE & NATURE™ are the most faithful. It is nevertheless possible that the perception of the Products does not correspond completely to the product. The Product(s) are presented in pictures sometimes with others product(s). The description will mention what makes or does not form part of the Product.
EUROPE & NATURE™ endeavours to choose with the greatest care its suppliers, in order to treat only with serious companies offering the best quality of products. We cannot however be held for persons in charge of products sold, excluded legal guarantees.
Date from the order
The Date of the order is :
• either the date of validation of the order by the Customer in the event of online payment;
• or the date of reception of the payment transfer in the event of payment by credit transfer or post transfer.
Nevertheless, this date of order is subjected to anti-fraud controls set up by EUROPE & NATURE™. So if complementary administrative documents are required in order to ensure us of the identity of the author of the order (see paragraph “Controls to avoid any fraud hereafter”), in this case, the Date of order will be either that above or the date of the reception of the required documents, the Date of the order being then the latest date of both.
The times indicated on the Sites of EUROPE & NATURE™ run only starting from this Date of order described above.
Controls to avoid any fraud
With an aim of preventing the fraudulent uses of means of payment, clients' accounts, addresses of delivery, and in order to secure the transactions of the Customers, EUROPE & NATURE™ carries out controls on the orders placed by its Customers.
Within the framework of these controls, it can be asked the Customer to forward administrative documents to us such as: documents of the proof of their identity and/or residence.
Within the framework of these controls, if the supporting documents were not addressed to us or if the supporting documents did not make it possible to prove with certainty the identity of the author of the order and the reality of domiciliation, we could not validate the order and this one would then be cancelled. EUROPE & NATURE™ will not be responsible of this cancellation.
Reimbursement corresponding to these cancelled orders could not then be carried out without a certain number of checks necessary to the identification of the payer of the order. Thus, a credit card payment will be refunded only and directly on the banking account of the customer. Europe & Nature reserves the right to refund the customer once the receipt of the customer has been received on the bank account of Europe & Nature.
Provided information during the ordering
The Customer is responsible for the accuracy and the exhaustiveness of the provided information to ensure good treatment for his order. Thus, in particular, the address of the Customer and the address of delivery of the order are under its whole responsibility. In the event of transmission of inaccurate information, EUROPE & NATURE™ could not be held for person in charge of additional delivery periods, of additional costs of delivery or any other consequence related to the transmission of inaccurate information. The expenses engaged by EUROPE & NATURE™ consecutive with errors of provided information by the Customer will be the responsibility of the Customer, in particular the expenses of reforwarding of the order.
The prices of the Products are indicated in Swiss franc, Euros, British Pound, Dollars all inclusive of tax and transportation for FRANCE and SWITZERLAND, exception of the forwarding and/or reforwarding costs and of the customs taxes (case of Belgium, The Netherlands, Germany, Austria, Luxembourg, Great Britain, Ireland, Italy, Lichtenstein and Monaco). They take account of the VAT applicable of the day of the order. Any change of the applicable rate could be reflected on the prices of Products after the date of coming into effect of the new applicable rate. VAT rate applied is understood in the selling price of the products.
The tariffs of the suppliers of EUROPE & NATURE™ being in constant evolution, the prices posted on the sites are likely to be modified constantly. They are also likely variations for reasons of introductory price, promotions or balances. All the prices are given subject to manifest typographical error or of clerical error purely of data-processing labelling.
The applicable price is that indicated on the Sites of EUROPE & NATURE™ with the date of registration of the order by the Customer.
The applicable price is the one indicated on the EUROPE & NATURE Websites ™ at the date of registration of the order by the Customer. The prices on paper catalog are given as an indication, the prices of the EUROPE & NATURE Websites prevail on the paper catalog.
Our prices include all taxes at the VAT rate in force and according to the national eco-participation rate in force at the date of the sale. For more information: eco-mobilier.fr
For Switzerland and France, delivery costs are all inclusive in the prices of products.
For the other countries, the forwarding costs are invoiced to the Customer according to the parcel and of the place of delivery. They are indicated to the Customer before the final recording of the order.
The forwarding costs can be proposed as free within the framework of promotional events of EUROPE & NATURE™.
Explanations detailed on the carriage costs are consultable on the Sites of EUROPE & NATURAL ™ in the heading “Conditions of Deliveries”.
The customer once recorded on one of the sites Europe & Nature™ has the possibility of cumulating fidelity points. These fidelity points give place to discounts according to the value of the point. Values of the point are defined in the heading “Oxygene Club” accessible on Internet sites of EUROPE & NATURE™. Values of the point can change constantly. On the other hand, these points are valid for life and are associable with promotions.
The use of the points is described on Internet site under the heading “Oxygene Club”.
Placing of order
The Customer can place his order by EUROPE & NATURE™ either via Internet network on the Sites of EUROPE & NATURE™, or by e-mail, or by telephone, or by fax, or by postal mail.
When the order placed by e-mail, fax or postal mail, the placing of order must comprise the necessary information for the treatment of this one under good conditions.
In all the cases, the identification of the Customer allowing the recording of the order must contain following information at least:
• The Customer must be identified either using his e-mail address and password, or by mentioning all the information usually requested for an on-line inscription on line;
• The Customer must clearly identify the Products selected with the references indicated on the Sites of EUROPE & NATURE™, references including the options of colours, sizes, etc… In the case of the Products with options, these precise references appear when the correct options are selected;
• The Customer must also indicate the quantities requested;
• The Customer must also clearly indicate the necessary information for the delivery. That relates to in particular the precise address of delivery as well as the possible restrictions of accessibility of the place of delivery (to refer in the paragraph concerning the deliveries);
• Lastly, the Customer must also indicate the selected method of payment.
Availability of the Products
EUROPE & NATURE™ works, in regards with the products, on the basis of minimum stock or direct order to its suppliers. So according to the cases, the Products are available within the limit of stocks available at EUROPE & NATURE™ or subject to stocks available at suppliers’site.
The Products available on stocks for a fast delivery are accompanied by the mention “Delivered to your home under 4/5 days”. These leadtimes can be increased when the customer is outside Switzerland and France. The availability of a Product can vary very quickly according to the sales. EUROPE & NATURE™ carries out a very frequent update availabilities, but cannot be held for person in charge if stock is no longer the same as indicated. More precise information can be given to the Customer by telephone, e-mail or faxes.
Some articles are subjected to an order to the supplier as soon as the customers’ order is placed. In this case, EUROPE & NATURE™ excludes any responsibility in the event of unavailability of the ordered products.
The delivery times indicated in the products files are indicative times when the product (s) is not available (s) in stocks EUROPE & NATURE™. It might occur some variations of delivery times for which the Customer will be informed by EUROPE & NATURE in his follow-up of order in the event of light delay or by e-mail in the case of a major delay.
If EUROPE & NATURE™ cannot obtain a Product ordered on the part of its suppliers, it will notify to the customer his delay by e-mail or by telephone by contacting the customer directly. Then the customer will be able to choose to cancel its order, on the basis of this new information. No penalty of cancellation will be applied for such a cancellation of order. No allowance of cancellation (apart from the full repayment of the Order) could also be required, such an unavailability is resulting from the time of update of this unavailability.
EUROPE & NATURE™ commits itself delivering the orders received within the limit of available stocks of the Products or within the limit of stocks available at suppliers’site. In the case of unavailability of products, EUROPE & NATURE™ commits itself informing the Customer as fast as possible.
In the case of unavailability, EUROPE & NATURE™ will be able to offer to the Customer a Product of an equivalent quality or price. The formal agreement of the Customer will then be required by EUROPE & NATURE™ before any forwarding.
Confirmation of order
An e-mail is automatically sent to the Customer to confirm the order taking if the email address indicated in the registration form does not comprise an error. EUROPE & NATURE™ does not send a confirmation of order by postal mail, telephone, or faxes.
5. Right of retraction
From the date of reception, the Customer has a 30 day time frame to send back the Product to his own expenses. He has a seven day time frame useful to give up the ordered Services.
The product will have to be sent back in the state and packing of origin.
Are excluded from the right of retraction:
1. products and services ordered by professionals and/or who cannot be regarded as consumers;
2. following Products and Services :
- services whose execution started, with the agreement of the Customer, before the end of the seven days deadline;
- products made according to the specifications of the Customer or definitely personalized or which, because of their nature, cannot be resent or are likely to worsen or to expire quickly;
- supply of audio or video recordings or computer software when they were loosened by the Customer;
- supply of newspapers, periodicals or magazines;
- mattresses for reasons of hygiene, must be excluded from the right of retraction.
For any relative question with the right of retraction, the Customer is invited to contact the customer service with the following coordinates: email@example.com
Conditions of return
Any return without exception must be proceeded with a writing (e-mail, faxes, or postal mail) and by obtaining an automatic number of return from the business service of EUROPE & NATURE™. The goods must be sent back in its packing of origin and strictly in the state in which it arrived at the customer’s place. It is absolutely not a request for authorization, but a necessary guarantee to ensure a return in all traceability and safety for the Customer. EUROPE & NATURE™ will then indicate to the Customer the procedure to follow.
EUROPE & NATURE™ reserves the right to refuse the reception of a return on its warehouses which would not have been notified to him, which would not follow the preliminary instructions or which would not be sent back in a state free from any defect from the customer. A return not observing this procedure and for which the parcels would have been damaged during transport could not be considered by EUROPE & NATURE™. No allowance or refunding could then be required by the Customer who would not have followed the instructions of the customer service within the framework of a cancellation of order and/or a retraction.
6. The payment
Means of payment
The Customer can pay his order :
• On line on the Sites of EUROPE & NATURE™ by credit card (Visa card, Mastercard, Postfinance).
The Customer also has the possibility of paying his orders by the means of Paypal © (we request in this case to visit the site of Paypal ©). The use of this method of payment implies the acceptance of the conditions of use of Paypal © for which EUROPE & NATURE™ cannot be held for person in charge.
The order is treated as of reception of the payment advice.
• By credit transfer or on Invoice
The payment by credit transfer or on invoice is carried out on the account which is written on the confirmation of order.
The order is treated when reception of payment.
The order for which the Customer establishes an on line order, or the confirmation of order sent by e-mail to the Customer Services of EUROPE & NATURE™ does not act as invoice.
Whatever the means of order and of adopted payment, the Customer has the original of the invoice in his follow-up of his on line account. EUROPE & NATURE™ preserves an electronic specimen of each invoice. In the case of a delivery at a different address from the bill-to-address, the invoice is in all the cases only available in the on line follow-up of orders of the account of the Customer. The invoice is not transmitted with the parcels.
The delivery could be done only after reception of payment.
The Customers are made attentive that in the case of payment on bank transfer, the delivery periods can be longer and EUROPE & NATURE™ could not be held for person in charge in the event of delay.
In the event of partial or total non-payment of an order at due time, these due non payment are immediately eligible after injunction by registered letter with acknowledgment of delivery.
Any partial payment will be charged initially to the sums of which the current liability is oldest.
The Customer guarantees that the company EUROPE & NATURE™ has the necessary authorizations to use the method of payment chosen by him.
Purchase by invoice with partial payment option (POWERPAY)
When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’s <a href="https://www.powerpay.ch/en/agb" target="_blank">GTC</a>. (powerpay.ch/en/agb).
Date of payment
In the case of a credit card payment, the account of the Customer will be debited of the amount of its purchases at the time of the validation of its payment.
In the case of a payment by transfer or on invoice, the Customer must pay the amount within the time indicated on its order form and its confirmation of order.
Case of non-payment
In the event of non-payment of the goods by the Customer within the term of payment, Europe & Nature ™ has the right to cancel the sale contract and to require the payment of the damages for the loss of profits and the additional steps taken due to nonpayment.
Transfer of property
EUROPE & NATURE™ remains owner of the Products delivered until their complete payment by the Customer. The provisions above do not make obstacle of the damage the customer could cause to the Products, with the transfer of the risks of loss or deterioration of the Products subjected to reserve of property.
Times of forwarding
The orders placed on line via the site www.europeetnature.ch, www.europeetnature.com and www.europeandnature.com are raised every morning of the Monday to Friday. EUROPE & NATURE™ treats them in the course of the day all the presetting orders the day before until the hour of the statement. The preparation of an order can last in theory up to two working days including in particular the treatment of the order, the preparation of the Products, packing and the invoicing before the forwarding of the available Products. This leadtime will start at the date of order defined in “paragraph 4 - Date of the Order”.
However, according to the adopted method of payment, this perhaps might be different.
For example :
• For an online payment by credit card, the time is two working days;
• For a transfer, this time is increased through processing time and validation by the bank (approximately 5 working days);
EUROPE & NATURE™ informs its Customers that these deadlines do not take into account the Saturdays, Sundays and bank holidays. The times mentioned in the examples above do not take account of possible controls to avoid the fraud mentioned in “paragraph 4 - Controls to avoid the fraud”. The times of shipments runs from the date of orders mentioned above.
In the event of partial unavailability of the Products, EUROPE & NATURE™ could be forced to divide shipments. Thus, the available Products could be sent initially, the shipment of the rest can be shipped later on, without generating additional cost for the Customer.
An e-mail is automatically sent to the Customer at the time of the shipment of the Products taking account that the email address indicated in the registration form does not have any error.
The times of transport depend of the chosen transporter.
Additional details on the times of transport are on the Sites of EUROPE & NATURE ™ in the heading “Conditions of deliveries”.
Leadtimes on the Products cards are indicative times of forwarding. Thus, the delivery periods can be as followed :
• If the Products are available, the delivery period is equal to the time of forwarding (paragraph times of forwarding) added with the time of transport (paragraph times of transport);
• If the Products are not available, the times of forwarding and the times of transport are added to it the delivery periods of the suppliers of EUROPE & NATURE™. The delivery periods of the suppliers are included on the Product cards of the Sites of EUROPE & NATURE™.
If it proves that the time of forwarding could not be held, a new time will then be communicated to the Customer, according to the data known by EUROPE & NATURE™. In this case, a proposal for a cancellation will be also made to the Customer.
If the payment had already been recorded for certain methods of payment, a proposal for a refunding will be also sent to the Customer with the proposal for a cancellation.
The products are conditioned so as to respect the standards of transport and to ensure an optimal protection of the Products during their delivery. It is requested from the Customer to respect these same standards when returning a product. Any noted damage of a product after any return or of a problem of level of packing not respected will lead to a partial refunding or a non refunding of the product in the event of impossibility of resale in the state.
Follow-up of the order
The Customer can constantly follow the state of his order in the heading “my orders”. This follow-up makes it possible to the Customer to know the state of treatment of its order. EUROPE & NATURE™ could not thus be held for person in charge of unavailabilities, or errors being able to affect the provided information by its tranporters. EUROPE & NATURE™ endeavours nevertheless to make this information clearest possible and as well as possible to make reliable transport with its transporters. The Customer can constantly contact the business service of EUROPE & NATURE™ in order to be informed of the follow-up of his order.
EUROPE & NATURE™ puts at the disposal of its Customers various modes of delivery.
These modes of delivery can be consulted with more precise details on the Sites of EUROPE & NATURE™ in the heading “Conditions of Deliveries”.
However, EUROPE & NATURE™ reminds its customers that:
• The address of delivery (which perhaps different from the bill-to-address) must be exact and mention all the precise details necessary to a good delivery;
• For a delivery of cumbersome material, it is responsibility for the Customer to make sure of the conditions of accessibility of the place, floor or rooms and to inform EUROPE & NATURE™ of it. If the delivery could not be carried out for reasons of accessibility, EUROPE & NATURE™ could not be held for person in charge about it;
• An error of address of delivery, of place of delivery, accessibility of the place, phone number, absence of the Customer, or any other problem involving the need for carrying out a new delivery could be the subject of payment of additional expenses of the new delivery.
It is the responsibility of the Customer to inspect his parcels with reception in the presence of the deliveryman and to notify any discrepancy (shock, damage of the parcel, delivery date, non conformity,…). If such mentions would not have been related to the delivery form presented to the Customer by the delivery man, no complaint related with the state of the parcel could be accepted in the near future by EUROPE & NATURE™.
8. The guarantees EUROPE & NATURE ™
Defects with the delivery
Delays of delivery related to the forwarder
In the case of a delay of delivery compared to the times announced by the forwarder, the Customer must contact in priority the forwarder or his office of distribution (case of Post office). In all cases of important delays, the Customer must contact EUROPE & NATURE ™ in order to open a file of litigation or investigation to carry out a research of the parcel. It happens that parcels are mislaid by the forwarders. The times imposed by the forwarders imply that the Customer declares the loss in the 10 days following the reception of the advice of dispatch of EUROPE & NATURE™. Under these conditions, EUROPE & NATURE™ gives the responsibility itself to carry out the complaints necessary against the concerned forwarder. If the parcel were not found, EUROPE & NATURE™ would carry out a new delivery of the same Product (within availability) or refunding the Customer.
The Customer must control in front of the forwarder the state of the parcel and issue the reserves necessary on the delivery form in the event of partial or total deterioration. In the absence of reserve, the goods are accepted by the Customer and could not be the subject of claim concerning its delivery.
The Customer will have after emission of these reserves to notify the customer service under 48h by e-mail so that EUROPE & NATURE™ can take the necessary measures as fast as possible, as well from the point of view of the return of the product in his warehouses as from the point of view of a new delivery.
In the event of absence of notification, EUROPE & NATURE™ could not be held responsible for a long time of assumption of responsibility of the new delivery.
In the event of strike of the postal services, forwarders or any other event of exceptional nature slowing down or preventing the delivery of the parcels, EUROPE & NATURE™ will make all the efforts to inform the customer of the state of the forwarding of its parcel, but could not be held for person in charge of the caused delays.
EUROPE & NATURE™ is released from its obligations of delivery in the event of major force. EUROPE & NATURE™ declines any responsibility as for the diverted use or misuse of the products which the customer ordered. Total or partial impossibility to use the products in particular due to incompatibility of material can give place to no compensation or refunding or blamed of the responsibility for EUROPE & NATURE™. The sites connected directly or indirectly to the Sites of EUROPE & NATURE™ are not under the control of EUROPE & NATURE™. Consequently, the company does not assume any responsibility as for the information published on these sites. The links with third sites are provided only as convenience and do not imply any guarantee as for their contents.
9. Applicable law
Entirety of the Conditions
A change of legislation, regulation or a legal decision returning one or more clauses of these General Selling Conditions could not affect the validity of these General Selling Conditions. Such a change could not make possible for the Customer not to observe these General Selling Conditions.
If a condition were not explicitly mentioned, it would be regarded as the uses in force in the sector of the mail order companies based in Switzerland.
Duration and application
The present Conditions apply to any purchase carried out to the Sites of EUROPE & NATURE™. The present Conditions, precisely dated, are modifiable constantly by EUROPE & NATURE™. The applicable Conditions are those in force at the date of the registration of the order. The last date of modification of these General terms appears in bottom of these conditions
Territoriality and applicable law
The contractual relation between EUROPE & NATURE™ and the Customer is subjected to the SWISS RIGHT. The application of the Convention of Vienna of 1980 on the international sale contracts of goods is expressly excluded. The language of this contract is the French language. In the event of litigation the Swiss courts will be only qualified with LEGAL FOR IN LAUSANNE.
Version of the 11.07.2018
©EUROPE & NATURE SA