1.1 These terms and conditions of sale are applicable to the sale of products by Aerem Industrie SA regardless of the method used to place the order: mail, landline telephone, mobile phone or by Internet via this site.
By placing an order with Aerem Industrie SA (hereafter “Aerem”), the consumer (hereafter the “Buyer”) accepts the application of these Terms and Conditions.
By placing an order with Aerem, the Buyer declares to be free to exercise his civil rights and to have legal capacity. Minors or persons under guardianship must, prior to any purchase, provide written authorization from their legal representative or guardian to place an order.
3. Establishment of the contract
3.1 When an order is placed by postal mail, the contract (the “Contract”) is deemed to be established at the time of acceptance by Aerem of the order sent by the Buyer.
3.2 If an order is placed by [landline] telephone, the Contract is established immediately unless Aerem expressly refuses it.
3.3 In the event of order placement by mobile phone or Internet, the Contract is established when the order is confirmed by Aerem. This confirmation is sent to the Buyer after validation of his order by pressing the “confirm” button.
3.4 Aerem remains free to withdraw or modify the products offered, at its sole discretion and at any time.
3.6 After establishment of the Contract with Aerem, if the Buyer requests that Aerem modify or cancel the Contract, the latter remains free to accept or refuse the Buyer’s request for modification or cancellation.
The Buyer may not, under any circumstances, modify or cancel a Contract with Aerem when he has ordered items which have been manufactured and/or personalized at his request or when the items ordered are being delivered.
4.1 The selling prices of the products are indicated in Euro (EU). They are expressed excluding tax and VAT.
4.2 The sale prices do not include delivery costs. These are the responsibility of the Buyer. For orders made by mobile phone or Internet, the delivery costs are indicated in the order summary (“basket”).
4.3 Once the order has been validated, the price thereof can no longer be changed.
4.4 Subject to the foregoing, Aerem is authorized to modify, at its sole discretion and at any time, the price of the goods offered.
5. Costs and time frames of delivery
5.1 A contribution to shipping costs will be billed in addition to the sale price. This contribution depends on the volume ordered.
5.2 All deliveries are contingent upon prior payment of the price of the order.
5.3 The delivery times indicated on the site are only indicative. Failure by Aerem to respect them may not engage its liability. The Buyer is required to accept any delivery of products ordered, even if the delivery is received after the time frame indicated.
5.4 For Internet and mobile orders, a delivery time frame for an entire order is indicated in the order summary (“basket”).
5.5 Deliveries are made, depending on the merchandise, by the shipping service mandated by Aerem. Deliveries are made within countries belonging to the European Union and in Switzerland.
5.6 Aerem assumes no responsibility for the fact that goods ordered can no longer be delivered due to a lack of available stocks, additional supply or production.
5.7 When the goods are delivered by the shipping service mandated by Aerem, the Buyer and the shipping service will agree on a delivery day. If the Buyer does not receive the goods on the agreed delivery date, Aerem may recover the goods, if necessary. Under no circumstances will the amount already paid be returned to the Buyer. If no price has been paid, the Buyer will be billed for all delivery costs incurred by Aerem as a result of the return of the merchandise.
6. Transfer of risks
6.1 The transfer of risk – which includes the risk of loss as well as of damage of the goods – passes to the Buyer upon receipt of the goods.
6.2 If the Buyer does not take possession of the goods, the transfer of risk passes to the Buyer when the goods are returned to Aerem.
6.3 Despite the injunction of art. 7.1, if the Buyer returns goods in conformity with the order to Aerem, he is responsible for them until receipt of the goods by Aerem.
7. Conditions of return or exchange
7.1 Items delivered by Aerem cannot be returned or exchanged.
7.2 If any merchandise is found to be defective or not as described, Aerem guarantees immediate exchange with a strictly similar product. If the product cannot be replaced by a similar item, the Buyer can then request a refund or a reduction in price.
8.1 Payment for the goods can be made on the basis of an invoice or by credit card (Visa, MasterCard).
8.2 Aerem may unilaterally impose a method of payment on the Buyer or refuse to established a Contract with him.
8.3 Regardless of the payment method used, the Buyer understands and accepts that his payment may pass through a financial intermediary subject to legal obligations in terms of money laundering.
8.4 By placing an order with Aerem, the Buyer expressly authorizes Aerem to check its solvency with third-party organizations.
8.5 In the event of payment by invoice, Aerem will send the Buyer a detailed invoice so that payment can then be made by bank transfer.
8.6 Aerem accepts payment by international credit cards (Visa, MasterCard).
8.7 In case of payment by credit card, the Buyer’s credit card will be debited when the goods are sent. If an item is sold out, Aerem will not charge it to Buyer’s credit card.
8.8 Under no circumstances does Aerem except responsibility for the costs associated with a debit.
8.9 The seller can request partial payment or payment of the full amount. In this case, the Buyer’s order will only be processed upon receipt of the requested amount.
9. Late payment
In the event of non-payment, Aerem is authorized to assign its claim against the Buyer to a factoring company or to mandate a third party to recover its claim.
10. Retention of ownership
Subject to contrary provisions stated by the applicable legislation, ownership of the products delivered is not transferred to the Buyer until full payment has been received for the products,
11. Verification of the product
11.1 The Buyer must inspect the products within seven days of receipt and must immediately notify Aerem of any defect or damage to the products. In the absence of notice from the Buyer within the aforementioned period, the products are deemed to have been received in good condition, without defects or damage, and accepted as is, with the exception of non-apparent defects.
11.2 In the event of a finding of a non-apparent defect, the Buyer must, immediately upon discovery, notify Aerem of this defect. The Buyer will forfeit his rights in the event of late notification.
12.1 Upon receipt of the goods, the Buyer must provide notification about any defect in the delivered goods. He must do so within 7 days of receipt of the goods.
12.2 Any damage caused by accident, improper handling, improper use or modification of the delivered item does not constitute defects in the goods.
12.3 To request application of a guarantee, the Buyer must, upon discovery of the defect and at its own expense, send Aerem the goods under warranty in which a defect was found.
12.4 If Aerem observes a valid case for application of its guarantee, it may, at its sole discretion, replace the defective product and/or parts with another product deemed equivalent, respectively with spare parts or even proceed with doing the repair. If there is no equivalent product or spare parts or if it is not possible to repair the product, Aerem may, depending on its assessment of the extent of the defect found, indemnify the Buyer for the loss in value caused to the article by the defect or fully refund the purchase price.
12.5 Under no circumstances can Aerem be held liable vis-à-vis the buyer or third parties for any damage, including indirect or consequential and, notably, the loss of profit, savings, production, contracts, goodwill or business opportunities resulting from a product defect. As such, the buyer waives any claim for damages in connection with a defective product. The only claims against Aerem are those appearing in this article in connection with the contract as regulated by these terms and conditions and/or any product sold.
13.1 When orders are placed, the personal data of a Buyer is collected and undergoes computer processing.
13.2 Aerem ensures that the data of its customers is processed in accordance with legislation in effect. The data recorded by Aerem is used, in particular, to record and process orders, for the administration of personal customer accounts, to perform marketing studies and to compile statistics. The purposes of the data processing include improvement, quality control of services as well as market research.
13.3 The Buyer authorizes Aerem to:
– obtain or forward its recorded data to third parties insofar as this is essential for performance of a certain service (e.g.: administration and management of personal accounts, monitoring of payments, use of a financial intermediary, etc.);
– use their data for marketing purposes or to receive targeted offers by e-mail, SMS, telephone and/or by post;
– communicate any of its necessary data to a third party for debt collection(s).
13.4 The Buyer may, at any time, limit or prohibit the use or communication of his data for marketing and advertising purposes.
14. Abuse of promotional codes
14.1 Aerem may send promotional codes to Buyers so that they can benefit from specific offers. These promotional codes are personal and non-transferable. Under no circumstances may they be communicated to third parties or on promotion sharing platforms.
14.2 The Buyer who receives a promotional code is only allowed to use it once according to the conditions of the offer. The Buyer may not under any circumstances use promotional codes other than those sent to him.
14.3 Any abuse of promotional codes (for example by multiplying purchases with different accounts, by entering promotional codes intended for third parties, by multiplying purchases in a short period of time, etc.) grants Aerem the right to i) withdraw from the contract, ii) demand the return of the goods ordered in violation of this provision as well as iii) claim damages from the Buyer who commits the abuse.
15. Modification of the Terms and Conditions
Aerem reserves the right to unilaterally update and modify its Terms and Conditions at any time. Nevertheless, the Contract will be governed by the Terms and Conditions in effect at the time it is established.
16. Applicable law and competent courts
16.1 The Contract, the Terms and Conditions and all subsequent orders are governed by Swiss law.
16.2 Any disagreements, disputes or claims arising from application, non-performance or interpretation of the Contract and these Terms and Conditions or relating to them, will be settled by the competent courts of Geneva (GE).
Address: Aerem Industrie SA – Rue du Jeu de l’Arc 15 – 1207 Geneva – Switzerland