Terms of Sales
Terms of Sales
The company Air Games Maxi Fun sàrl (below THE SELLER) is registered in the commercial register under the number CH-626.4.004.785-1. His postal address is Route de la Gemmi 147 D, CH-3960 Sierre, Switzerland and his email address is info@maxi-fun.com (below THE SELLER’S ADDRESS).
Any order under a product appearing in the online store of the site http://www.maxifun-shop.com (below THE SELLER SITE) requires consultation and prior acceptance of these conditions terms of sale. The click of validation of the order implies full acceptance of these. This click has the value of “digital signature”
Object
The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by THE SELLER to the consumer.
Order confirmation
The contractual information will be confirmed by e-mail to the address indicated by the consumer in the order form.
Proof of transaction
The computerized registers, stored in the computer systems of the company LE VENDEUR under reasonable security conditions are considered as proof of communications, orders and payments made between the parties.
Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Product information
Every effort has been made to ensure the accuracy of the information presented on THE SELLER SITE. The SELLER or its suppliers are not however responsible for the consequences, incidents, special damages resulting from electronic transmissions or the accuracy of the information transmitted even in the event that the SELLER is aware of the possibility of such damages. The names and brands of products and manufacturers are used only for identification purposes. The photos, descriptions and prices of the products are not contractual.
Period of validity of the offer and the price thereof
Our prices are valid for the day.
The prices indicated are formulated in Swiss francs, for information they are also noted in Euro.
Payment will be made in Swiss francs.
Delivery method
The products are delivered to the address indicated by the consumer on the order form and only in the geographic areas we serve.
All products leave our premises in perfect condition. The customer must report to the carrier (or the postman) the slightest trace of shock (Holes, traces of crushing etc.) on the package, and if necessary to refuse the package.
The exchange of any product declared, afterwards, damaged during transport, without any reservation having been made upon receipt of the package, cannot be taken care of.
As in any shipment, it is possible to be delayed or the product to get lost. In such a case, we contract the carrier to start an investigation. All efforts are made, as long as necessary, to find this package. If necessary, the merchant will be reimbursed by the carrier and will deliver a new parcel identical to his expense.
We decline all responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of products, bad weather or strikes.
Delivery problem due to the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products …) must be imperatively indicated on the delivery slip in the form of a “ handwritten reserve ”, accompanied by the signature of the customer.
The consumer must at the same time confirm this anomaly by sending the carrier within (2) two working days following the delivery date a registered letter with acknowledgment of receipt setting out said complaints.
The consumer must send a copy of this letter to the SELLER’S ADDRESS. Without this fact, we do not proceed to any trade.
Delivery errors
The consumer will have to formulate with the SELLER, the very day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and / or non-conformity of the products in kind or in quality compared to indications appearing on the order form.
Beyond this period, all complaints will be rejected.
The formulation of this complaint to the SELLER may be made to the SELLER’S ADDRESS.
Any claim not made in the rules defined above and within the time limits could not be taken into account and will release THE SELLER from any responsibility towards the consumer.
In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the SELLER as a whole and in its original packaging in impeccable condition at the SELLER’S ADDRESS.
To be accepted, all returns must be reported and have the prior agreement of the SELLER, who in case of agreement will redirect the package to the correct address.
The shipping costs are the responsibility of the SELLER, except in the case where it turns out that the product does not correspond to the declaration of origin made by the consumer in the right direction of return.
Product warranty
The provisions hereof cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of latent defects of the thing sold.
The consumer is expressly informed that the SELLER is not the manufacturer of the products presented in the SELLER SITE and that the SELLER accepts no responsibility for the fact of defective products.
Consequently, in the event of damage caused to a person or to a default good of the product, only the responsibility of the manufacturer thereof may be sought by the consumer, on the basis of the information appearing on the packaging of said product.
The warranty period is one year (1 year). Some products may have a different warranty period depending on the manufacturers’ specifications. Are excluded from this guarantee, all products modified or repaired by the customer or by any other entity than the service providers chosen by the SELLER.
Normal wear and tear on products, which may vary significantly depending on the conditions of use, is not covered by the warranty. This applies in particular to elastic and foam balls. The warranty covers only manufacturing defects.
Right to retract
According to the law, the consumer has a period of seven (7) calendar days to return, at his expense, products that do not suit him. This period runs from the day of receipt of the consumer’s order. Any return may be reported in advance to the SELLER’s customer service. The product must be returned to the SELLER’S ADDRESS.
Sensitive products (such as DVDs, CDs, Software) must not have been unsealed, so that the consumer can benefit from the right of withdrawal.
Only products returned as a whole, in their original packaging complete and intact, and in perfect condition for resale will be accepted. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded, returned or exchanged. This right of withdrawal is exercised without penalty, except for the shipping and return costs. In the event of the exercise of the right of withdrawal, the consumer has the choice to request either the reimbursement of the sums paid, or the exchange of the product. In the case of an exchange, the reshipment will be at the expense of the consumer.
In the event of exercise of the right of withdrawal, the SELLER will make every effort to reimburse the consumer within thirty days.
Rights of use
The use of brands on the site is strictly prohibited.
Force majeure
None of the parties will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event of force majeure. Will be considered as a case of force majeure any fact or circumstance irresistible, external to the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all efforts reasonably possible.
The party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware.
The two parties will then come together, within three months, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.
If the case of force majeure lasts more than one month, these general conditions may be terminated by the injured party.
In an express way, are considered as force majeure or fortuitous cases, in addition to those which are usually retained by the jurisprudence of the French courts and tribunals: the blocking of the means of transport, earthquake, fires, storms, war, flood, lightning, stopping telecommunications networks or difficulties specific to telecommunications networks external to customers.
Partial validation
If one or more stipulations of these general conditions are held for not validated or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their force and their scope.
No waiver
The fact for one of the parties not to claim a breach by the other party to any of the obligations referred to within the framework of these general conditions of sale cannot be interpreted for the future as a claim to the obligation in question.
Applicable law
These general conditions are subject to Swiss law. This is the case for the substantive rules as well as for the formal rules.
In the event of a dispute or complaint, the consumer will first contact the SELLER to obtain an amicable solution.
Protection of personal data
All the data that you entrust to us are in order to be able to process your orders.
You have the SELLER a right to rectify, consult, modify and delete the data that you have communicated to us. This right can also be exercised online.
Litigation
Any order placed through the SELLER SITE implies the client’s adhesion, without any restriction, to the SELLER’s general conditions of sale.
The place of jurisdiction is in Sierre, Switzerland
