Terms of Sale

Information/Disclaimer:

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

Version 30/09/2020

1. IN GENERAL

1.1 Definitions. In general, terms beginning with a capital letter in the present conditions have the meaning attributed to them in art. 1 of the general conditions or, failing that, in the present conditions.
1.2 Relationship with the General Conditions. These terms and conditions relating to the Sales Contract apply in addition to the general terms and conditions and the other documents included in the Contract Documentation. In the event of any discrepancy between the general terms and conditions and these terms and conditions, the latter shall prevail.

2. OBJECTS

2.1 Users may submit an Order to Oritage, through the form dedicated to this purpose on the Site, or by other means (such as e-mail).
2.2 The purpose of these terms and conditions is to define the manner in which a Sales Agreement is concluded and to govern the relationship between the Customer and Oritage after the conclusion of a Sales Agreement.

3. SALES CONTRACT - IN GENERAL

3.1 A Sales Agreement is the agreement concluded between the Customer and Oritage whereby the latter sells one or more items to the Customer in return for payment of a certain price.
3.2 The Customer is bound and obliged to comply with the Contract Documentation and the special provisions of the Sales Agreement.

4. SALES CONTRACT - CONCLUSION

4.1 The products listed on the Site by Oritage, such as jewelry, jewelry, watches and accessories, constitute a call for tenders. The Customer, by submitting an Order on the Site or by other means (such as e-mail), thus submits an offer to purchase to Oritage (the "Offer"). The Sales Contract is concluded as soon as Oritage accepts the Client's Offer, i.e. when Oritage confirms the availability of the product ordered.
4.2 The data recorded by Oritage shall constitute proof of the invitation to submit an Offer, the Offer and/or acceptance to sell, one or more products listed on the Site.
4.3 These terms and conditions, the Contractual Documentation and the special terms and conditions set forth in the Offer accepted by the Customer represent the entire provisions applicable to the Sales Agreement.

5. SALES CONTRACT - PRICE AND DELIVERY CHARGES

5.1 When the Customer submits an Order on the Site, the Sale is concluded for the price as indicated on the Site at the time of the Order. The prices displayed on the dedicated page are expressed in Swiss francs. Certain taxes, in particular VAT or any other tax, may be added to this sale price. The sale price indicated does not include any costs related to payment.
5.2 Le paiement se fait en ligne, immédiatement. Il est effectué au moyen des instituts financiers partenaires d’Oritage de telle manière qu’aucune information financière ne transite par les serveurs d’Oritage. Durant le processus d’achat, le Client est redirigé lors du paiement directement sur le site ou à travers un pop-up sur le site de l’un des partenaires financiers d’Oritage. La possibilité pour le Client d’enregistrer ses moyens de paiement est permise (pour les cartes de crédits ou postale notamment) grâce à un processus de tokenisation des données bancaires offert par les partenaires d’Oritage. Cette dernière ne conserve que des données limitées dans ce cadre, tel que prévu dans la politique de confidentialité.
5.3 Delivery charges will be calculated at the time of the Order.

6. SALES CONTRACT - TIME OF PAYMENT

6.1 In principle and subject to agreement to the contrary, the price fixed at the conclusion of the Sales Agreement is payable in full and immediately to Oritage on an invoice issued by Oritage.
6.2 In the event of late payment, Oritage is entitled to charge interest of 5% on the invoice amount. A reminder fee of CHF 20 and collection costs may be charged to the Customer in addition.

7. SALES CONTRACT – DELIVERY AND DEADLINES

7.1 Any information provided by Oritage regarding delivery times is only an estimate and Oritage does not provide any guarantee that delivery times will be met.
7.2 The costs, charges and risks of delivery are borne by Oritage until the ordered product is delivered to the delivery address indicated on the Order form. Upon delivery, the fees, costs and risks are borne by the Customer.

8. SALES CONTRACT – WARRANTIES

8.1 Warranty claims for defects shall lapse two years after delivery to the Customer, even if the Customer did not discover the defects until later.

9. SALES CONTRACT – RIGHT OF RETURN

9.1 Oritage grants a right of return for a total of 14 days from receipt of the Order. Under this right, the Customer may terminate the contract by returning the Order within 14 days of receipt (the period begins on the day following receipt of the goods) to Oritage. Delivery costs shall be borne by the Customer.
9.2 The Order must be returned in its original packaging, accompanied by any instructions and, if applicable, the undamaged seal. If these conditions are not met, the return of the goods may be refused.

10. RECORD KEEPING

10.1 Oritage shall make available to the Customer the documents related to the execution of the Sales Agreement. A fee may be charged to the Customer for copies of the file.
10.2 The data transmitted to Oritage is managed in accordance with our privacy policy.

11. RESPONSIBILITY

11.1 The Customer releases Oritage from all liability in connection with the performance of the Sales Contract, to the exclusion of gross negligence and fraud. The Customer expressly waives any claim or demand for compensation for damages, in particular for any loss of profit, loss of savings, loss of production, loss of contract or loss of business opportunities, in particular in connection with amendments to the Sales Contract in the course of performance or in the event of failure to perform all or part of the Sales Contract.
11.2 Oritage's general exclusion of liability also extends to Oritage's pre-contractual obligations and extra-contractual liability.
11.3 In any event, Oritage may not be held liable for an amount exceeding the lower of the price set out in the Sales Agreement or the price actually paid by the Client.