Terms and Conditions
1. Conditions for placing an order
2. Steps for concluding the contract
3. Retention of title
4. Pricing policy
5. Availability and shipping times
6. Terms of delivery and postage and packing costs
7. Methods of payment
8. Conditions and time limits for exercising the right of withdrawal
9. Return and exchange policy in case of preparation error or faulty work
10. Legal information
The present general terms and conditions of sale define the contractual relationship:
Individual reason, whose registered office is located Rue de Lyon 7, 1201 Geneva, registered in the Commercial Register of the Canton of Geneva under number CHE-325.780.611,
Hereinafter referred to as “We”;
On behalf of www.garbocomics.com
Hereinafter referred to as the “Site”;
ON THE ONE PART;
Any individual or legal entity visiting or making a purchase on the Site for itself or for a third party,
Hereinafter referred to as “You”;
ON THE OTHER PART.
ARTICLE 1. CONDITIONS FOR PLACING AN ORDER
1-1 Any person placing an order on a private basis on the Site declares to be 18 years old and to have the legal capacity or, failing this, parental authorisation to contract it.
In the event that these conditions have not been respected in accordance with what is indicated in this contract and in order to resolve any dispute, We reserve the right to contact directly the legal guardian or curator of this person. We shall therefore be entitled to demand payment from him/her for all orders contracted by him/her.
1-2 Any person placing an order for professional needs on the Site declares that he/she is 18 years old and has the legal capacity or, failing this, an authorisation from the company, organisation or any other related structure likely to employ him/her, allowing him/her to contract it in his/her own name.
In the event that these conditions have not been respected, in accordance with the clauses provided for in this contract and in order to resolve any dispute, We reserve the right to contact the person who will have contracted this order directly and to demand payment from him/her personally, insofar as he/she will have previously guaranteed to us by making the account opening request, that he/she was authorised to contract in the name of his/her company or of the company that employed him/her at the time.
ARTICLE 2. STAGES OF CONCLUSION OF THE CONTRACT
2-1 The information appearing on the Site does not constitute an offer in the legal sense of the term, so that only the order placed between You and Us constitutes such an offer.
2-2 Any Internet user may read the general terms and conditions of sale on the Site. Consequently, any order implies Your full and complete adherence without exception or reserve to the conditions set forth in this contract. These conditions are also communicated to You during the validation process of each order, the registration of Your order being subject to their acceptance. Any person who has made a purchase on the Site therefore declares to be fully aware of them and cannot deny this fact in the event of a dispute.
– Possibly subject to modification, it is understood that it is the general terms and conditions of sale in force at the time of placing each order that are authoritative.
– In the event of a dispute, an amicable solution will be sought and, failing this, any dispute of any kind whatsoever will always be under the exclusive jurisdiction of the courts on whose territory Garbo Comics is domiciled and will therefore be governed by Swiss law.
2-3 After acceptance of the general terms and conditions of sale and its validation, We will send You an e-mail confirming Your order to the e-mail address that You will have communicated to Us during the creation of Your profile or during the ordering process. This e-mail constitutes Our acceptance of Your order and thus forms the contract of sale between Us and You, governed by the general conditions of sale defined by this contract. We will then proceed to process it in accordance with the clauses provided for in this contract.
ARTICLE 3. RESERVATION OF OWNERSHIP
3-1 The items delivered to You remain Our property as long as You have not fulfilled Your obligations towards Us and in particular the total amount of the invoice corresponding to the order that You have contracted on the Site.
3-2 The responsibility for the risks of loss or destruction of these items is, however, incumbent upon You as soon as they are delivered, even if You are not yet the owner.
3-3 In the event of late payment, in accordance with the time limits clearly specified on Your invoice attached to the items ordered at the time of their delivery, of their non-payment despite reminders, and in the event that no reconciliation could have been found, We reserve the right to require that these items be expressly returned to Us at Your expense.
ARTICLE 4. PRICING POLICY
4-1 The prices displayed on the Site are expressed in Swiss francs CHF, EUR or USD, depending on the language chosen by the buyer, including all taxes applicable in Switzerland, but excluding postage and packaging. Calculated according to the place of delivery of Your order, Switzerland, Europe or in a country outside Europe and according to the method of shipment chosen, these will be invoiced to You in addition to the amount of the items in Your order.
4-2 The price displayed on the Site at the time of Your order is guaranteed, provided that it has not undergone any modification (upwards or downwards) with the supplier between the previous order and Your order.
4-3 – If, and only if, the work in question is the subject of a special promotion on the Site at the time of Your order, You will be able to benefit from this discount on the basis of the price that will have been communicated to You beforehand on the Site and on condition that this price has not already been the subject of any special promotion.
4-4 The price of a gift voucher displayed on the Site is guaranteed in the sense that the amount to which it gives access cannot be revised upwards or downwards, whatever the date of use of the gift voucher. Gift certificates are valid for 12 months from the date of issue.
ARTICLE 5. AVAILABILITY AND SHIPPING TIMES
5-1 For physical products, each item sheet on the Site mentions the availability communicated by the publisher of the book concerned and a range of time within which it is likely to be sent to You, depending on its presence in our stocks. However, this information has only an indicative value, whether it concerns published articles, articles to be published in the case of pre-orders or articles for which You would have asked Us to carry out research in the case of a free order. As such, they cannot be guaranteed, as they are subject to availability, Our stock limits or those of Our suppliers.
5-2 In the case of a multi-item order, You may choose the delivery option that You prefer: a grouped delivery of all the items in Your order or an unbundled delivery of the items available at the time of Your order separately from the items subsequently available.
5-3 However, and despite all the precautions that We take with Our suppliers to have the most accurate information possible regarding the availability of the items that We offer You, it may happen that one or other of them, deemed available at the time of Your order is finally unavailable, which We will not fail to inform You of.
– In the event that the item is momentarily unavailable, We will consider that Your order is still valid until We are able to fulfill it. However, if the lead times of the items that make up Your order were not guaranteed to Us by Our suppliers and that it consequently appeared impossible to Us to deliver them to You as soon as possible, We reserve the right not to follow up on it and to ask You to re-formulate it at a later date.
– In the event of permanent unavailability [sold out, no longer marketed, etc.] of the items that make up Your order, We would be obliged to cancel it.
5-4 Ordering a digital book on the Site ensures immediate availability of the product(s) that You wish to purchase as soon as payment has been made. A verification of the availability of ebooks with Our suppliers is carried out in real time when placing the order on the Site. Also, a book that is deemed available may eventually prove to be unavailable, making the order impossible.
ARTICLE 6. TERMS OF DELIVERY AND POSTAGE AND PACKAGING COSTS
6-1 Delivery options
No provision is possible for any item sold on the Site.
Grouped delivery of all the articles of the order
The grouped delivery corresponds to a single delivery of all the items in Your order, regardless of their respective availability at the time of registration of Your order. The grouped delivery will only be made if all the items are available. In case of unavailability of an item, the available items will be sent immediately and the other unavailable items will be sent later.
6-2 Delivery of digital products [download]
The digital products are available for download as soon as payment by credit card [only accepted] validated. You will then receive an order confirmation by e-mail, which is equivalent to an acknowledgement of receipt of the order from You and contains a download link.
We strive to offer You the possibility to re-download a digital product. We and our publishing partners do not guarantee that this is possible.
The download order can be freely combined with the order of physical products, which will be delivered to You independently, according to the methods of your choice presented above.
6-3 Modes of order delivery
During your purchase on the Site, it is not possible to choose the delivery method of your order. The delivery will be made in economic shipment, according to the times provided by the shipping company.
6-3.1 – Postage and packaging costs
Depending on the place of shipment of Your order, You will have to pay separate postage and packaging costs in addition to the amount of the items in Your order.
Delivery in Switzerland
All orders placed on www.garbocomics.com will be shipped in economy. No other options are available.
– You can also take note of the average delivery times of our partner La Poste. They are however communicated to You only as an indication. Consequently, the responsibility of the Site could not be engaged in the case where the delays really noted would exceed these indications.
Delivery in Europe
Postage and packaging costs for deliveries in Europe are distinct according to the geographical area to which each country belongs. These are divided into two zones: zone 1 and zone 2.
– You must read the details of postage and packaging costs for deliveries in Europe [zones 1 and 2]. Once Your order has been placed, no claim concerning them can be accepted.
– You can also take note of the distribution of countries outside Europe for zones 1 and 2 as well as the average delivery times of our partner La Poste. They are however communicated to You only as an indication. Consequently, the responsibility of the Site could not be engaged in the case where the delays really noted would exceed these indications.
Delivery in countries outside Europe
Postage and packaging costs for deliveries to countries outside Europe are distinct according to the geographical area to which each country belongs. These are divided into three zones: zone 3, zone 4 and zone 5.
– You must read the details of postage and packaging costs for deliveries outside Europe [zones 3, 4 and 5]. Once Your order has been placed, no claim concerning them will be accepted.
– You can take note of the distribution of countries outside Europe for zones 3, 4 and 5 as well as the average delivery times of our partner La Poste. They are however communicated to You only as an indication. Consequently, the responsibility of the Site could not be engaged in the case where the delays really noted would exceed these indications.
The digital products are deliverable in all countries upon acceptance of payment of the product by credit card, subject to the geographical limits decided and set by the publishers. The download service is free of charge for all countries.
6-3.2 – Customs duties
The possible customs charges and taxes specific to each country, except for delivery in Switzerland, are Your responsibility and are at Your expense, in addition to the amount of Your order and the shipping and packaging costs. According to the law in force in the country of destination of Your order, they may be duly claimed from the recipient of the package, even if You were the sponsor. It is therefore Your responsibility to inform You with the competent authorities of Your country or of the country of the recipient of Your order, particularly in the case of a gift shipment.
ARTICLE 7. METHODS OF PAYMENT
On the Site, depending on whether you are domiciled in Switzerland or not, different methods of payment are offered to You during the process of validation of Your order, so that You can easily and securely pay for Your purchases.
7-1 Payment methods authorized for persons residing in Switzerland, in a European country or outside Europe
– The payment of orders placed by persons residing in Switzerland, in a country located in Europe [outside Switzerland] or outside Europe must be made at Your convenience by international credit card or Paypal.
– Regardless of Your place of residence, whether You live in a European country [outside Switzerland] or outside Europe, it is only at the time of the actual shipment of the physical items that were otherwise the subject of Your order and subject to availability [see Article 5. Availability and shipping times] and delivery by Our suppliers that We will debit Your bank account with the amount corresponding to the balance of Your payment.
For the purchase of digital products, on the other hand, it is the debiting of Your account that triggers and enables the download.
ARTICLE 8. CONDITIONS AND TIME LIMITS FOR EXERCISING THE RIGHT OF WITHDRAWAL
8-1 Swiss law, contrary to European Union law, does not grant a right of withdrawal in the case of online purchases.
8-2 If Your request for retraction does not correspond to the conditions defined by the present contract, We would be entitled to require from You the complete payment of the article(s) that would have been the subject of Your order.
8-3 No withdrawal period may be granted following the purchase of digital products, the sending of the download link being considered as final delivery.
ARTICLE 9. RETURN AND EXCHANGE POLICY IN THE EVENT OF A PREPARATION ERROR OR FAULTY WORK
You have, under certain conditions expressly stated in this contract, the possibility of returning the item that You have ordered to Us.
9-1 Policy for returning a damaged item
– In the case of delivery by Our partner La Poste of an item damaged during transport (package also damaged), You have a period of 7 days [calendar] from the date of delivery, the postmark being proof, to file a claim with La Poste and then let Us know Your request by returning the item concerned.
– In the case of an article damaged before its delivery (and whose parcel would thus not present any defect) you can address your request directly to us and return the article concerned to us.
– Finally, any item that does not conform to Your order and that is the subject of a return request must be returned to Us in its original packaging, unsealed, unused or damaged.
– So that We can investigate and process Your request as soon as possible, whatever the reason, You must enclose a copy of the invoice that was sent to You by parcel. All of these elements must be sent to the following address:
Rue de Lyon 7
– Subject to the acceptance of our order service and depending on the nature of the work, You will then have 7 [calendar] days, the postmark being proof, from the date of acceptance of your request by our order service, to return the item(s) concerned to Us at Your expense. In order for Us to process Your request as quickly as possible, You must, failing which We will unfortunately not be able to satisfy it, attach to Your shipment a copy of the invoice that was sent to You by parcel.
– Any item that is the subject of an exchange request must be returned to Us at Your expense in its original packaging, unopened, unused or damaged. All of these items must be sent to the following address:
Rue de Lyon 7
– As all the books that You order from Us are the subject of specific orders from Our suppliers, We are unable to accept any other return of items that We have sent You other than those that do not conform to Your order or that have been damaged before or during transport.
– The download of digital products is equivalent to an irreversible delivery, and therefore does not give rise to any return operation.
Cases of faulty downloads following the purchase of digital products are handled exclusively by our after-sales service, which can be contacted by e-mail. As far as possible we try to obtain from Our suppliers the replacement of defective digital files. If this is not possible, we will issue a refund.
– The purchase of gift vouchers does not give rise to any return or exchange for cash.
9-2 Exchange policy
No exchange of items ordered on the Site is possible. Whether acquired by Yourself, for a third party or offered to You by a third party.
ARTICLE 10. LEGAL INFORMATION
10-1 Legal information
The Site is the online bookstore of the company Garbo Comics. If You have any remarks or questions concerning it, You can contact Us by sending us an e-mail at firstname.lastname@example.org or by writing to Us at the following postal address
Rue de Lyon 7
10-2 Site Access License
You are authorized to access and use the Site for personal purposes only and may not, under any circumstances, except with Our express written consent and under penalty of prosecution, use the Site and all of its content for commercial purposes or for any other activity that may be harmful to Us.
10-3 Applicable law
All clauses in these general terms and conditions of sale, as well as in all purchase and sales transactions referred to therein, are subject to Swiss law.
– We are committed to doing everything possible to ensure You the best possible quality of service in accordance with the work carried out by all of Our staff and the values of Our company. However, We cannot be held responsible for any delay in the delivery of the items ordered and in particular in the case of stock shortages at Our suppliers or publishers, or for any delay in the delivery of these items by La Poste, Our order delivery partner, or its international partners.
– Despite Our vigilance and all the precautions We have taken with the partners with whom We work to enable you to benefit from the services We offer You, We do not guarantee the absence of any disturbance in the operation of the Site and its various parts.
Consequently, We do not guarantee the absence of any disturbance in the operation of the Site and its various parts:
– We decline all responsibility for any direct or indirect damage that may result from access or use of the Site or some of its elements, just as We decline all responsibility that may result from the impossibility of accessing or using it.
– Likewise, We decline all responsibility for any risks linked to the installation of software that may allow consultation of the Site or for any damage resulting from transmission errors, technical defects, overloads or interruptions in communications.
You are moreover solely responsible for the order of an item that does not comply with the legislation of the country of delivery or is prohibited on its territory, and as such We cannot be held responsible for it.
10-5 Protection of personal data
– Regardless of the nature of the personal data concerning You that We are led to know, either that We have the right to ask You for them within the framework of this contract, or that We collect them in an automated way, We undertake to make every effort to treat them with the strictest confidentiality, to ensure their protection and to make strict use of them only to carry out Your requests, to improve the services likely to be offered to You on the Site, or to inform You of new products and special offers proposed on our Site.
– However, You may at any time exercise Your right to access, rectify or oppose this data from Your customer account or by writing to Us at email@example.com.
10-6 Copyrights and credits
The design, form, title and all of the contents of the Site are the strict property of Garbo Comics and therefore :
– You are in no way authorized to copy, record, reproduce or print these contents for any use other than that which will allow You to make Your purchases on the Site within the framework of this contract.
– We and Our partners reserve the right to take action against You if any of this content, whatever its nature [image, text, codes, etc.], whether Garbo Comics or one of its partners is the owner, is used without Our express written consent or that of Our partners for those that concern them, for purposes other than those mentioned in this contract.
– The publication on the Site of reviews, communications and other content that You are likely to send to Us for this purpose, remains at Our sole discretion.
– In the case of their publication, You grant Us the right to exploit, reproduce, modify or delete such content if We deem it necessary, content for which You are otherwise required to have the copyright.
– Otherwise, and if We were to be the subject of an action by a third party as soon as this action would be due to the contents that You would have communicated to Us, You would be obliged to compensate Us for the damages that We would have suffered.
10-7 Protection of copyrights
The content of the digital products ordered as well as all the elements reproduced on the download site, such as texts, comments, illustrations, iconographic documents, etc., are protected by national and international legislation on intellectual property.
The intellectual works presented and purchased on the download site are intended for strictly personal, private and free use. Any reproduction, adaptation or representation in any form and by any means whatsoever, and particularly resale, exchange, rental and transfer to a third party, are prohibited.
Garbo Comics draws the attention of end users to the fact that digital books are for the most part protected against copying by devices called “technical protection measures”. Garbo Comics will inform the end user about the hardware and software requirements for downloading and viewing the eBook before the end user pays for the eBook.
Digital books protected by these devices may not be freely transferred to electronic devices other than the one used for the first download, outside the limits of the transfers authorised for the exercise of digital private copying.
You undertake to respect the rights of the authors, performers and publishers of the digital books and not to circumvent or undermine techniques for controlling the use of downloaded digital books.
Failing this, any use outside the framework defined in the present General Terms and Conditions of Purchase constitutes an act of counterfeiting, which exposes You to legal, civil or criminal proceedings within the framework of the legal and regulatory provisions in force.