These General Conditions of Sale and Use (hereinafter referred to as the "GTC") dated and applicable from August 28, 2020, govern all of the distance selling activities at retail of CARALI, a limited liability company. with share capital of CHF 20,000 registered with the Trade and Companies Register of the canton of Vaud under number CH-550.1.179.465-9, whose registered office is located at Avenue de la Sallaz 58, CH-1010 Lausanne, Switzerland.
The GTC govern, notwithstanding any unilateral stipulation or reservation, any relationship whatsoever between EZALYA and:
- each of its prospects or consumer customers using the Site defined below (hereinafter referred to as the "Customer"), in particular on the occasion of any distance sale of any EZALYA product (hereinafter referred to as the "Product") ,
- any user of the site whose url address is www.ezalya.com (referred to as the "Site"), including any Internet user accessing the Site for any reason or for any reason whatsoever (hereinafter referred to as the " User ”).
- The site is published in French and English. One of these languages chosen by the customer is used during the pre-contractual relationship as well as for the conclusion of the contract.
The GTC are subject to change at any time, without notice, the Customer is invited to read them carefully before each order and the User on each of his visits.
1. Conclusion and execution of the contract
Offer and acceptance
Placing an order
The Customer materializes his order by completing the following 5 steps
Step 1: the Customer selects the chosen products and adds them to his basket after having selected the desired size and color.
The basket located at the top right of the screen informs the Customer that he has taken the selections into account by indicating the number of products it contains.
Step 2: The Customer checks the contents of his basket by clicking on "order" in order to have access to the summary of his order. The Customer can then modify his order (Product, size, quantity).
The total amount of the order, distinguishing on the one hand the price due for the products, and on the other hand the delivery costs, is then indicated in the summary. This amount, all Swiss taxes included, or if applicable, including the value added tax (VAT) of the country in which the products are delivered, and in any case excluding any costs and duties customs clearance,
Step 3: Once the order has been verified and if necessary modified, the Customer validates his basket in order to finalize his order by clicking again on "order". If the Customer has an advantage code, he must enter it in the space provided for this purpose in order to benefit from it.
Step 4: Entering the delivery and billing details by the Customer
Fields marked with an asterisk (*) are mandatory fields; it being specified that unless otherwise specified by the Customer, the billing address will automatically be the same as the delivery address.
If the Customer has already placed an order on the site, he has a customer account. In such a case, he will identify himself only with his email address and password. If the customer does not have a customer account, he can create his customer account.
The Customer then checks all the information and clicks on "validate" to continue with his order.
Step 5: Enter bank details
The Customer will then access the secure payment screen as specified in article 4.3 below.
Payment is made online by credit card or via Paypal and Amex.
The Customer must enter his bank card number, its validity date as well as the 3 numbers of the visual cryptogram on the back of his card, it being specified that in the event of payment by American Express card, the Customer must communicate 4 digits.
If payment is accepted, the Customer will be redirected to an order confirmation screen on the site.
In the event of payment failure, the Customer will then be invited to contact customer service to find out the reasons and jointly find a solution to finalize the Customer's order.
Order confirmation
Upon acceptance of the Customer's payment, the Customer will receive an order confirmation email, summarizing all the items ordered as well as the delivery address.
The validation of the order by the Customer and the order confirmation sent to the Customer by email following the acceptance of payment constitute the conclusion of a sales contract between the parties and acceptance of the general conditions of sale.
The Customer who has placed an order will be able to print his invoice by logging into the site in the order tracking area provided for this purpose.
Ezalya reserves the right not to validate the order in the event of:
• abnormal or abusive complaints,
• abnormal orders with regard to the quantities ordered,
• abnormal or abusive exchanges and returns,
• existing dispute (s) with the customer.
Ezalya customer service is committed to responding as quickly as possible to any order or complaint it receives. Customer service responds to calls and letters in English or French. The Customer is requested to use one of these languages in all communication. The after-sales service can be contacted on working days::
- 24 hours a day by e-mail to hello@ezalya.com
- Monday to Thursday from 10:00 a.m. to 12:30 p.m. / 2:00 p.m. to 5:00 p.m. (Paris time): by phone at 076 473 10 10
Payment
The price of the products purchased is payable in cash, in full on the day the order is placed by the Customer. Prices can be changed at any time. However, no change will affect orders for which a shipping confirmation has already been sent.
In order to proceed to payment, you will have to follow the various stages of the purchase process by indicating or verifying the information required for each of them.
During the purchase process, you always have the possibility to modify the data relating to your order before proceeding to payment. The buying process is explained in detail in our buying guide "My Order". In addition, if you are registered as a user in our system, all the data relating to the orders you have placed with us are available in the "My account" section.
Payment is made online by credit card (Carte Bleue, Visa, Eurocard / Mastercard / American Express) or via Paypal and American Express, at the time of validation of the order by the Customer.
The request for authorization to debit the card is made at the time of validation of the order on the site, except in the event of unavailability of the servers. Ezalya reserves the right to make a new direct debit authorization request in the event that the first could not be completed due to unavailability of servers.
Purchase by invoice with partial payment option (POWERPAY)
As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview.
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 terms and conditions. (powerpay.ch/en/agb).
In the event of a payment default, an incorrect address or any other problem on the Customer's account, Ezalya reserves the right to block the Customer's order until the problem is resolved. Indeed, credit cards are subject to validity checks and authorization from the body issuing these cards. If we do not receive the required payment authorization, we will not be responsible for the delay or failure to deliver the products and we will not be able to contract with you.
Transactions carried out on the Site are secured by the payment system of the partner, PostFinance, PostFinance AG, Mingerstrasse 20, 3030 Bern (CH), Tel: +41 848 888 700, https://www.postfinance.ch/ from / privat / support / chat.html
All information exchanged to process payment is encrypted using SSL (Secure Socket Layer). This data cannot be detected, intercepted or used by third parties. At no time does the Client's financial data pass through the computer system of the Ezalya company.
The Ezalya company checks that the connection with the Client's browser is secure before sending the payment form to the banking institution that performs the financial transaction.
PostFinance being a technical service provider, it does not take charge of disputes relating to orders which are processed directly by the company Ezalya as specified above or, where applicable, by the Customer's bank.
An invoice in electronic format will be made available to you on our website in the "My account" section, which you accept.
Fight against credit card fraud
In the event of fraudulent use of his bank card on the site, the Customer is invited to contact customer service by email at hello@ezalya.com
The information relating to his order is subject to automated processing. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud.
The Ezalya company is the recipient of the data relating to your order. The non-transmission of data related to your order prevents the completion and analysis of your transaction.
The occurrence of an unpaid due to fraudulent use of a bank card will result in the registration of contact details in connection with your order associated with this unpaid within a payment incident file. An irregular declaration or an anomaly may also be the subject of specific processing.
Order archiving
The order confirmation is recorded in the registers of the company Ezalya, themselves kept on a reliable and durable medium. The Customer accepts that the order confirmation is considered as proof of the contractual relationships between the Parties.
2. Price
Ezalya is registered under the intra-community VAT number CHE-384.586.145 of the company CARALI.
All invoices are sent to the Customer at their request.
The prices indicated on the Site are expressed by default in Swiss francs all Swiss taxes included, on the basis of the Swiss value added tax (VAT) at 9%, excluding transport costs and excluding any costs and customs clearance fees.
The Customer must enter the delivery address of his order to know its actual price, including transport costs, excluding any costs and customs clearance fees.
The Customer undertakes to comply with the applicable tax provisions, and not to commit any abuse of rights, and expressly guarantees Ezalya against the possible consequences of any breach of this essential obligation.
3. Products
Essential product characteristics
The essential characteristics of the products are described in the sheets published on the site and are recalled in the summary of the order.
Retention of title
The products will remain the exclusive property of the company until their payment in full. The company's resale right will also apply, where applicable, to the price or part of the resale price of these goods, as well as to the insurance indemnity that would be subrogated to them. The client will take all necessary measures to duly inform his creditors in good time.
4. Delivery
Shipping costs
Unless the Customer expressly requests, shipping is carried out by "So Colissimo" or "DHL" and invoiced to the Customer.
Delivery delay
Ezalya uses the “La Poste-Colissimo tracking” and “DHL” shipping services.
For information, the average delivery time normally varies from 4 to 15 working days depending on the destination of the Products. It is possible that a package for abroad is blocked at French customs for up to 1 month. Without news of your package within 15 days, contact customer service: hello@ezalya.com.
Unless otherwise specified prior to the conclusion of the contract, Ezalya undertakes to deliver any Product ordered on the Site within a maximum period of 30 (thirty) working days.
The provisions governing delivery are provided for in Articles L.216-1 et seq. Of the Consumer Code.
Article L216-2 of the Consumer Code: "In the event that the professional fails to fulfill his obligation to deliver the goods or provide the service on the date or at the end of the period provided for in the first paragraph of Article L. 216 -1 or, failing that, no later than thirty days after the conclusion of the contract, the consumer may terminate the contract, by registered letter with acknowledgment of receipt or by writing on another durable medium, if, after having ordered , under the same terms, the professional to make the delivery or provide the service within a reasonable additional time, the latter has not performed within this time.
The contract is considered terminated upon receipt by the professional of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.
The consumer can immediately terminate the contract when the trader refuses to deliver the goods or provide the service or when he does not fulfill his obligation to deliver the goods or provide the service on the date or at the expiration of the time limit set. in the first paragraph of Article L. 216-1 and that this date or this period constitutes for the consumer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request of the consumer before the conclusion of the contract ".
The Ezalya company ensures the delivery of the Products to Europe and the rest of the world.
Ezalya will deliver orders accompanied by a delivery slip within a maximum of ten (10) working days for delivery to Europe, and twelve (12) working days for delivery to other destinations, and this from the day following the payment of the order.
Please note that deadlines can be exceptionally long during periods of high activity.
If the delivery time is exceeded, not justified by a case of force majeure, the Customer may request the resolution of the sale and obtain, within a maximum period of 14 (fourteen) days, the reimbursement of the sums paid on the occasion of the sale.
Damage during transport
The Customer must only accept the package if the outer packaging shows no sign of shock or leakage. Ezalya recommends opening the package and checking the product before signing the delivery slip.
If this is not possible, the Customer is invited to make reservations as to the condition of the goods by indicating on the delivery note, indicating in particular "subject to verification of the marketndise taking into account the bad condition of the parcel ”and by describing the damage.
Ezalya and its carrier partner bear the transport risks and will reimburse the Customer subject to the parcel being returned to the carrier with a reasoned letter of complaint, a copy of which must be sent to Ezalya by e-mail to hello@ezalya.com
5. Receipt of the order - complaints - returns
Right to retract
This clause is applicable in the event of distance selling, any contract concluded between a professional and a consumer, within the framework of an organized system of sale or provision of distance services, without the simultaneous physical presence of the professional and the consumer, by the exclusive use of one or more techniques of distance communication until the conclusion of the contract;
The Customer may exercise his right of withdrawal, without reason, within 14 (fourteen) working days. The withdrawal period runs from the day of receipt of the Product and until the shipping date indicated on the return package.
The right of withdrawal, if exercised validly, allows the Customer to obtain
1) the reimbursement of his order within a maximum period of 14 days from receipt of the product by Ezalya warehouses.
- In case of withdrawal on the entire order, the delivery costs will be refunded.
- The reimbursement of the sums paid is total in the event that the returned product is damaged.
- In the event of a partial return of an order, Ezalya will reimburse the Customer up to the value of the returned product (s).
- Sale or promotion items are neither returned nor exchanged beyond 14 days.
For any Product return, the Customer must comply with the following procedure:
• The Customer must attach to his parcel the return slip previously completed and printed using the return form accessible from the customer area - "My Orders" section> Return request. No return will be accepted without said return form duly completed.
• Products must be returned either in their original packaging or in packaging protecting the product against any deterioration, with their label and any accessories allowing their re-marketing, to the following address:
For all the orders in Switzerland, the return address is :
CARALI SARL - Service Retours EZALYA
AVENUE DE LA SALLAZ 58
1010 LAUSANNE
SWITZERLAND
For all the orders out of Switzerland, the return address is :
EZALYA chez EDYNA
2 impasse du Chêne
95300 Ennery
FRANCE
• by the carrier of his choice, it being specified that he bears the costs of redirection to EZALYA called "return"
• within 14 (fourteen) working days, the postmark or the carrier being proof
• the cost of returns will remain the responsibility of the customer.
2) Exchanging your product for "color change"
If the Customer considers that the size of the item purchased does not suit him, regardless of his rights of withdrawal, he may request a change of this article in the “RETURNS AND EXCHANGES” section of “My account” on the website, and select the color for which he wishes the change of the first item purchased, provided (i) that it is the same item, (ii) that the price is the same or higher than the first item purchased (in this assumption, the price difference will not be at your expense) This feature will only appear when the above conditions are met.
Once the change request has been made and the return method selected, the Customer may return the item using the same procedure as for a refund.
The Customer must always return the product as soon as possible and in any case within a maximum period of 14 calendar days from the request for change on the website. Neither of these two options will result in any additional cost to the Customer.
Noncompliance
The Customer is required to check the conformity of the products received in execution of his order at the time of delivery. Any anomaly concerning the delivery such as:
• damaged package,
• missing products,
• deteriorated products,
• products not conforming to the order, must be notified within the legal time limits following receipt of the order. This notification will be sent to the customer service of the company Ezalya either:
• By registered mail, by writing to the following address:
For all orders from Switzerland :
CARALI SARL - Service Retours EZALYA
AVENUE DE LA SALLAZ 58
1010 LAUSANNE
SUISSE
For all orders out of Switzerland :
EZALYA chez EDYNA Internet
Retours EZALYA
2 impasse du Chêne
95300 Ennery
FRANCE
• By e-mail via the contact form on the website.
When the non-conformity has been noted, the Customer will be offered either:
• The replacement of the product (s) at the expense of the seller,
• Either the reimbursement of the price of the order (price of the Products and delivery costs) as well as the costs of returning the non-conforming Product, at the latest within thirty (30) days.
from the date of dispatch of the notification of the confirmation of non-compliance by the customer service of the Ezalya company site.
In the event of a refund, the Customer will be refunded for all the products made compliant, as well as the shipping costs incurred (during a full return of the order) by sending a prepaid Colissimo return label, and to except for taxes and customs duties paid by the customer upon delivery. Cash on delivery returns are not accepted.
For any return of a non-conforming Product, the Customer must comply with the following procedure:
• The Customer must attach to his parcel the return slip previously completed and printed using the return form accessible from the customer area - "My Orders" section> Return request. No return will be accepted without said return form duly completed.
• the Products must be returned either in their original packaging or in packaging protecting the product against any deterioration, with their label and any accessories allowing them to be re-marketed, to the following address:
For all the orders in Switzerland, the return address is :
CARALI SARL - Service Retours EZALYA
AVENUE DE LA SALLAZ 58
1010 LAUSANNE
SWITZERLAND
For all the orders out of Switzerland, the return address is :
EZALYA chez EDYNA
2 impasse du Chêne
95300 Ennery
FRANCE
Follow-up of the execution of the order
The Customer can follow the execution of his order into his account or by e-mail addressed to hello@ezalya.com.
7. Quality Guarantee
The legal guarantee of conformity
The customer benefits from the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 211-14 of the Consumer Code and from that relating to defects in the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the civil code.
As such, Ezalya remains liable for defects in conformity of the goods with the contract and for crippling defects and defects of conformity under the conditions provided for by the aforementioned provisions.
In the event of a lack of conformity, the Customer chooses between repair and replacement of the Product. To declare a lack of conformity, contact customer service: hello@ezalya.com.
However, Ezalya may not proceed according to the Customer's choice if this choice entails a manifestly disproportionate cost with regard to the other modality, taking into account the value of the Product or the importance of the defect. Ezalya is then required to proceed, unless this is impossible, according to the method not chosen by the Customer.
If repair and replacement of the Product is impossible, the Customer may return the Product and have the price returned or keep the Product and have part of the price returned, in accordance with the provisions of Article L. 217-10 of the Code. of consumption.
Article L. 217-4 of the Consumer Code: "The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, from the assembly instructions. or the installation when this was charged to it by the contract or was carried out under its responsibility ".
Article L. 214-5 of the Consumer Code: “To comply with the contract, the goods must:
1 ° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ”.
Article L. 217-11 of the Consumer Code: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages.
Article L. 217-12 of the Consumer Code: "The action resulting from the lack of conformity lapses two years after delivery of the goods."
When acting as a legal guarantee of conformity, the consumer:
- has a period of two years from the delivery of the good to act;
- can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may be advised.
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The EZALYA contractual guarantee
Ezalya ensures the perfect quality of its Products, and takes care of them from their manufacture to their sale.
If, however, an Ezalya Product does not comply with Ezalya's quality standards, the Customer benefits from an international contractual guarantee for two years following its purchase.
This guarantee is granted directly and jointly by all the aforementioned approved Ezalya points of sale.
The Ezalya international warranty applies under normal use. Aging, wear and alteration due to the use of a perfume, as well as deterioration, breakage or loss resulting from an accidental circumstance, from the intervention of a third party, are excluded from the guarantee. , improper use or lack of maintenance.
The Ezalya International Guarantee offers an exchange for an identical item whenever possible and, failing that, for a product of similar value.
8. USE OF THE SITE
The Site includes the infrastructure, including the computer code, as well as the content.
Responsibility
Ezalya cannot be held responsible for any direct or indirect damage, loss or expense, resulting from the use of the Site, or the inability to use it, or from a malfunction, an interruption due to handling or for any other cause, a virus, or a connection, line or system problem.
Site content
Ezalya makes its best efforts to ensure that the information accessible through its Site is accurate. However, Ezalya EZALYA does not in any way guarantee that this information is exact, complete and up to date.
Under no circumstances can Ezalya be held liable for any direct or indirect damage, of whatever nature, arising from the use of its Site.
The information on the Site as well as the photos or representations are only indicative and neither their content nor their accuracy can be guaranteed. This information is not contractually binding on Ezalya. Ezalya is not responsible for any decisions that may be taken based on this information.
The content of the Site is subject to change without notice.
Connections
Ezalya is not responsible for the content available on other websites to which there are links. Access to websites linked to the Site is at the User's risk.
Ezalya also declines all responsibility for all information and content of third-party sites which contain links to the Site.
Intellectual property
The Site and each of its elements are the exclusive property of Ezalya and its partners. Ezalya is the only one authorized to use all intellectual property rights relating thereto, in particular brands, designs and models, logos, graphics, photographs, animations, videos, texts, copyright and image rights, as original or by the effect of an express authorization.
Any distribution, reproduction, representation or adaptation, in whole or in part, of the Site or any of its elements is prohibited, as is their alteration.
The rights of use granted by Ezalya to the User are reserved for private and personal use. Any other use by the User is prohibited without the express written permission of Ezalya.
The User agrees not to modify, copy, reproduce, download, distribute, transmit, use and / or distribute in any way any element of the Site, including the computer codes of the elements composing it.
All trademarks mentioned or used on the Site are the exclusive property of their respective owners.
Legal Notice
Editor
The website www.ezalya.com is published by the company CARALI, a limited liability company with a share capital of CHF 20,000 registered with the Trade and Companies Register of the canton of Vaud under number CH-550.1.179.465-9, whose number head office is located Avenue de la Sallaz 58, CH-1010 Lausanne, Switzerland.
The intra-community VAT number is CHE-384.586.145.
Publication Director
Ignacio Paraiso
- E-mail: hello@ezalya.com
- Site: www.ezalya.com
Host
This website is hosted by Infomaniak Network SA Rue Eugène-Marziano, 25 CH - 1227 Geneva - Switzerland - VAT number: CHE - 103.167.648 - Company number: CH - 660 - 0059996 - 1 and reachable on https: //support.infomaniak.com.
Credits
Creation and conception: EZALYA
Integration and development: EZALYA, PRESTASHOP
9. CONFIDENTIALITY
In accordance with the "Informatique et Libertés" law of January 6, 1978, you have the right to access,rectification, modification and deletion of data concerning you. The site is declared to the CNIL under number 1351361.
You can exercise this right by sending us an email to hello@ezalya.com
You can still change your personal details from your customer area by identifying yourself using your email and password.
Protection of private life
We undertake to take all reasonable steps in order not to allow your Data to be seen by third parties other than those who act for or on behalf of EZALYA and have agreed to treat your Data confidential and secure. Access to Data is restricted to those of our employees on a need to know basis and who have been trained to observe strict standards of confidentiality in handling your Data.
To ensure the security and confidentiality of Data that EZALYA collects online, we use industry standard firewalls and password protection. Although we have tried to create secure, reliable and trustworthy websites for our visitors, please be aware that the Internet is generally not regarded as a complete secure environment, and that therefore the confidentiality of the Data provided by you or material transmitted via our websites or by e-mail cannot be guaranteed by EZALYA Thus, we can not be responsible or liable for the security of your Data whilst in transit via the Internet to us.
Personal data
In certain circumstances, the User provides personal information about him. They are subject to automated processing and are intended for EZALYA and its partners.
Certain information is required to access the service or perform the desired operation.
In accordance with the aforementioned amended law of 6 January 1978, the User has with EZALYA the right to access, rectify or delete his personal data, by sending an e-mail to our Contacts page or by sending a letter to the following address: EZALYA at EDYNA - Internet Returns EZALYA - 2 impasse du Chêne - 95300 Ennery - France
This information is used to provide the requested service, display personalized content, make a commercial offer on the products and services of Ezalya and its partners.
The personal data collected will not be rented, sold or loaned to a third party without the User being informed in advance. Any transfer or provision of data can only take place with the prior consent of the User or in the absence of opposition on his part.
Ezalya ensures the security of the data which is stored in a secure hosting center.
Non-personal information
Non-personal information (such as countries, connection times, navigation on the Site) is also collected which makes it possible to know how the Internet user has accessed the Site and how he uses it, as well as technical information (such as type of Internet browser). used, type of operating system used, access provider, pages visited, IP address of the computer used).
This non-personal information is not intended to identify the User. They are collected automatically, when the User connects to the Site and uses it, through:
- a) its IP (Internet Protocol) address,
- b) possibly cookies, files transferred to the hard drive of the User's computer. They make it possible to optimize navigation on the Site and facilitate the collection of the non-personal information mentioned above.
Ezalya does not use cookies to personally identify the User, or to transmit information to him.
Cookies are also used when the User accesses reserved, secure or restricted access areas of the Site.
If the User does not want these cookies to be transferred to his hard drive, or to be warned before they are, he can neutralize them by configuring his browser software. The User must follow the instructions provided by his browser in this regard.
These data are mainly intended for the purposes of compiling statistics on the visits and use of the Site.
10. RULES GOVERNING THE GENERAL CONDITIONS OF SALE
Applicable law, disputes and disputes
The GTC are governed by Swiss law, and applied and interpreted in accordance with this law.
In the event of a dispute, the Parties may resort to a conventional mediation procedure or any other alternative dispute resolution method.
In the absence of an amicable settlement of their dispute, for any dispute in connection with the GTC, the Parties attribute exclusive jurisdiction to the French courts, and specifically to the courts of the city of Geneva, to hear it, in all cases where the provisions in force allow it. It is expressly stipulated that this clause conferring jurisdiction does not apply to a Swiss consumer.
Entire agreement
The Parties expressly declare that the T & Cs express their entire agreement with respect to their subject matter, and that they cancel and remitplace all previous agreements between them in relation to this object.
Autonomy, adaptation and modification
If any of the stipulations of the GTC are void, the relevant stipulation will not be applied but the other stipulations of the GTC will remain in effect.