Terms of Service

Information/Disclaimer:

ORITAGE presents a version of the General Terms and Conditions, automatically translated with the translation engine DeepL (https://www.deepl.com/translator). Only the General Terms and Conditions written in French apply, as indicated in Sections 9.8, 10.1 and 10.2.

Version 08/03/2024

1. DEFINITIONS

The GTC These general conditions, if applicable in their version as modified by Oritage.
The Client Any User contracting with Oritage.
The Contract or Contractual Documentation The contract of use that is concluded between us and you at the time of your acceptance of the GTC.
The Sales Contract The contract that is concluded between you and us as described in the conditions relating to the Sales Contract.
Oritage or us Oritage Sàrl, in Signy, Vaud.
The Order The order placed by a User on the Oritage Site.
The Site The website that can be found at https://shop.oritage.ch and any other domains pointing to the said address.
The User or you Any person using the Site or any other medium hosted by Oritage.

2. THE SERVICES

2.1 Oritage offers on its Site the sale of jewelry, jewelry and watches and related accessories.
2.2 The GTC apply to the sale of all products offered by Oritage.

3. THE CONTRACT

3.1 By using the Oritage Site, in particular when entering into a Sales Contract following an Order, you agree to be bound by the following Contractual Documentation:
  1. The present general terms and conditions ;
  2.  Our Privacy Policy ;
  3. Our cookie management policy;
  4.  The special provisions applicable to certain services and benefits offered by Oritage, in particular the conditions relating to the Sales Contract.
3.2 In addition to any Sales Agreement between you and us, the general terms and conditions, the privacy policy, the cookie management policy and the special provisions applicable to certain services and benefits offered by Oritage form an integral part of the Agreement between you and Oritage.

4. USE OF THE SITE - IN GENERAL

4.1 The Site is accessible to Users whether they are registered or not.
4.2 The data that you transmit to us during an Order and the use of the Site (in particular following the conclusion of a Sales Contract) is managed in accordance with our privacy policy.
4.3 You must be capable of discernment within the meaning of Article 16 of the Swiss Civil Code (RS 210) to submit an Order. We refer you to the conditions set out in our Privacy Policy for further details on this subject.
4.4 It is your responsibility to provide accurate and complete information when placing an Order. In accordance with our Privacy Policy, you may correct inaccurate information/data concerning you at any time.
4.5 The Site requires the use of cookies. These are managed in accordance with our cookie management policy.

5. WARRANTY

5.1 Oritage makes every reasonable effort to ensure that the information on the Site (and on the social networks it hosts) is accurate. However, any liability of Oritage is excluded in this respect.
5.2 The contents of the Site (and the social networks animated by Oritage) do not constitute advice, recommendations, guarantees, or authorizations from Oritage. They are not intended to serve as a basis for any decision making and/or use whatsoever. Any User who makes a decision on the basis of, or otherwise uses, the content of the Site (or social networks animated by Oritage), does so at his or her own risk. Oritage expressly excludes any guarantee, including in particular any guarantee of usefulness for a certain use and non-violation of rights.

6. LIABILITY

6.1 In général. Subject to the mandatory exceptions provided for by law, Oritage's liability is excluded for any content placed by Oritage on the Site and the social networks it hosts.
6.2 Technical problems.  Oritage declines all responsibility for temporary unavailability and/or malfunctioning of the Site, whatever the cause.

7. COMPENSATION

7.1 Each User undertakes to indemnify Oritage, its subsidiaries, employees, partners, directors, managers, consultants, representatives, successors or assigns (for the purposes of this Article only), the "Oritage Affiliates") for any damage suffered by Oritage or the Oritage Affiliates in connection with claims made by third parties (including other Users) as a result of the actions or omissions of that User on the Site and the social networks that Oritage hosts, particularly in the event of violation of the intellectual property rights of third parties. The indemnity will also cover legal, trial, procedural, expert appraisal, negotiation, consulting and any other costs and expenses incurred by Oritage and the Oritage Affiliates for the defense.
7.2 Oritage will promptly notify the relevant User in writing of any claim made by a third party against Oritage or the Oritage Affiliates. The User concerned (i) undertakes to assist Oritage or the Oritage Affiliates in any proceedings, in particular legal proceedings, brought by the third parties allegedly harmed; (ii) undertakes to make available to Oritage or the Oritage Affiliates all information necessary for the defence of Oritage or the Oritage Affiliates, (iii) gives Oritage or the Oritage Affiliates the exclusive power to conduct this defence and/or to appoint the representative of its choice to do so, and (iv) grants Oritage and the Oritage Affiliates, and where applicable their representative, the exclusive power to enter into a compromise (compromise), after prior consultation with the User concerned.

8.  INTELLECTUAL PROPERTY

8.1 The Site, including its interface and code, are the exclusive property of Oritage and may not be reproduced or otherwise used by Users, except in the context of normal use of the Site.
8.2 Oritage authorizes Users to reproduce and distribute the content of the Site created by Oritage (e.g. editorial articles), provided that they expressly indicate the Site as the source of the content in question.

9. MISCELLANEOUS

9.1 Inserts and pictograms. In order to facilitate understanding, Oritage may be required to provide information or define services that include all or part of the Contractual Documentation and the Sales Contract, if any, by means of inserts or a system of pictograms. The said inserts and/or pictograms are for information purposes only: only the Contractual Documentation and the conditions of the offer formulated by Oritage with a view to the conclusion of a Sales Contract are authentic.
9.2 Interruption of the Site. Oritage reserves the right to discontinue the operation of all or part of the Site, the offer of certain services and benefits, or part thereof, at any time, definitively or provisionally, without notice.
9.3 Force majeure. Neither the non-performance, nor the late performance of its obligations by one of the parties (whether arising from the Contractual Documentation or from the Sales Contract, if any) shall constitute a default by the party in question with respect to its contractual obligations, to the extent that the delay or non-performance results from a situation of force majeure (e.g. natural disasters, war, riots, civil unrest, fire) or other circumstances beyond the reasonable control of the said party such as technical problems that cannot be attributed to Oritage. Computer viruses and hacker attacks against computer systems are considered force majeure, provided that reasonable security measures have been taken.
9.4 Assignment. The rights and/or obligations of the User, respectively of the Customer, arising from the Agreement and the Sales Contract may not be transferred to another person. The User expressly authorizes Oritage to assign its rights and to subcontract any obligations resulting from the Contractual Documentation and the Sales Agreement.
9.5 Partial nullity. In the event that any provision of the Contractual Documentation (respectively of the Sales Contract) or part thereof is or becomes invalid or unenforceable, then neither the validity nor the enforceability of the remaining provisions or the remaining part of the provision shall be affected or impaired. The User, respectively the Customer, agrees, if applicable, to replace the invalid or unenforceable provision or part thereof with a valid or enforceable provision that comes as close as possible to the original provision and that, as far as possible, will achieve the same economic and legal result.
9.6 Completeness. In addition to the additional provisions contained in the Sales Contract, the Contract Documentation, as described in Art. 3.1, contains the entire agreement between you and Oritage with regard to the subject matter of these GTC and replaces all agreements or understandings concerning the subject matter of these GTC that may have been concluded between you and Oritage prior to the entry into force of these GTC.
9.7 Non-waiver. No waiver by Oritage to require you to comply with any of the provisions of the Contract Documentation (art. 3.1) or of any future Sales Contract shall be deemed to be a waiver of the right to rely on it or to invoke any prior or subsequent breach of the Contract whether the breach is of a similar or different nature.
9.8 Languages. The Contract Documentation is written in French. Translations may exist. In the event of any discrepancy between the versions, the French version shall prevail.

10. APPLICABLE LAW / PLACE OF JURISDICTION

10.1 The Agreement, all Contract Documentation, and any Sales Contract shall be governed by Swiss law, to the exclusion of its conflict of laws rules and with the exception of the United Nations Convention on Contracts for the International Sale of Goods.
10.2 Any dispute arising out of or in connection with these terms and conditions, the Sales Contract, if any, or any other document in the Contractual Documentation shall be subject to the exclusive jurisdiction of the courts of Lausanne, Switzerland.

11. START / DURATION / MODIFICATIONS OF THE GC'S

11.1 The entry into force of the Sales Contract and its duration shall be determined in accordance with the provisions of the conditions relating to the Sales Contract.
11.2 The Agreement comes into force for a given User upon acceptance of the Terms and Conditions by the User, it being specified that any use of the Site constitutes tacit acceptance. The Agreement shall remain in force as long as the User uses the Site.
11.3 Oritage reserves the right to modify the GTC at any time. It will publish the modified version on the Site and inform Users of the new GTCs by e-mail, a pop-up window, or by another method of its choice. In the event that the User disagrees with the modifications, the User may terminate the Agreement by ceasing all use of the Site with immediate effect. If the User continues to use the Site, the most recent version of the T&Cs will be deemed accepted by the User.