Last updated: February 12, 2018
Attention: in the case of a discrepancy between the French version of the general conditions of sale and a translated version, the original French is correct.
www.chronic.ch (the “Site”) is published by Société Bean2me, a public limited company with a capital of 100,000 CHF, whose head office is located at Rue des Alpes 21 – 1201 Geneva, Switzerland, registered with the Geneva Corporate and Trade Register under number CHE-660.3.268.017-7, the VAT number of which is CH-208.438.335 (hereinafter “Bean2me”).
1. Application of the general terms and conditions of sale
The general terms and conditions of sale (hereinafter “Terms and Conditions”) apply to all legal acts conducted in the online store of chronic.ch (hereinafter “Online Store”). The Online Store is managed by Bean2me S.A. (hereinafter “Bean2me”).
Bean2me reserves the right to modify these Terms and Conditions at any time. The version of the Terms and Conditions applicable to any sale is the version appearing online on chronic.ch at the time of the order. Consequently, placing an order requires the full prior and unreserved acceptance of the Terms and Conditions by the customer, shown by clicking on the button “I have read and accept the general terms and conditions of sale.”
Deliveries are only made to addresses in Switzerland or Liechtenstein.
The offer is valid as long as the product can be found in the Online Store using the search function and/or as long as there are stocks available.
Bean2me reserves the right to refuse orders exceeding the usual quantities for a household.
2.1 Products and prices
The images of products appearing in the advertising, the flyers, the Online Store, etc…serve as examples and are not guaranteed.
Product information is displayed in as user-friendly a manner as possible in the Online Store, but is not binding. The manufacturer’s data (e.g. the manufacturer’s guarantee) is decisive, insofar as it is legally acceptable in Switzerland.
All prices published in the Online Store are final, and include all taxes (including VAT), any anticipated electronic waste recycling fees (EWRF), packing costs, as well as delivery charges for the requested delivery period and any other taxes or fees. The only exception is a possible surcharge for orders under 50.00 CHF. In addition to the final price, there is a surcharge of 9.00 CHF per order. Bean2me reserves the right to modify the prices of the offered products at any time. The price indicated in the Online Store at the time of the order is final for the conclusion of contract.
2.2 Availability and delivery time
Bean2me places great importance on displaying the most up-to-date and accurate availability and delivery times in the Online Store. Due to production or delivery issues, delivery delays may occur. For this reason, all information relating to the availability and delivery time is given only as an indication and can be modified at any time.
3. Conclusion of contract
The products and prices published in the Online Store are considered offers. However, these offers are always subject to the resolutory condition of an impossibility of delivery or an erroneous price indication.
For products on chronic.ch, the contract is concluded with Bean2me as soon as the customer places their order in the Online Store (hereinafter “Contract”).
In the case of an online order, the receipt of the order is confirmed to the customer by means of an automatically generated order confirmation e-mail. The automatic order confirmation does not include confirmation that the product can actually be delivered. It only informs the customer that the Online Store has received the order and that the Contract has been concluded with Bean2me, provided that it can be delivered and that the price indicated is correct.
4. Delivery period
Our delivery conditions are valid for Switzerland and the Principality of Lichtenstein. Normally, all of our items are in stock and are shipped on the next business day after the order was placed.
In the event of a delay in delivery by chronic.ch, the customer is entitled (except in the case of special orders) to withdraw from the Contract starting from the 30th calendar day following the order date. In this case, chronic.ch will reimburse the customer for the amount already paid. There is no possibility of making a claim against chronic.ch.
The delivery address must be in Switzerland or Liechtenstein, and be easily accessible. If this is not the case, any additional costs are the responsibility of the customer.
If the customer does not receive the ordered products on the agreed upon or indicated delivery date, Bean2me may terminate the Contract (cancellation) and invoice the customer for incurred delivery costs and any loss of value.
Deliveries are provided by the postal service, from Monday to Saturday, depending on the option chosen by the Customer when the Order was verified. Delivery indicates the transfer to the Customer of the physical possession of the Products (the “Delivery”). Delivery charges applicable to the Order are those mentioned on chronic.ch at the time of the Order in the “Shipping” section. While Bean2me is responsible for the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery. As an exception, the risk is transferred to the Customer upon delivery of the Product to the carrier when the latter is hired by the Customer and not by Bean2me. Delivery is made to the delivery address indicated by the Customer, which must be the address of residence of the Customer, of residence of a natural person of their choice or of a legal entity (delivery to their company). Delivery cannot be made to hotels or PO boxes. In the case of a failure to make Delivery due to an incorrect delivery address, no reshipment will be made and the Customer will be refunded within five (5) days of the receipt of the Order by Bean2me. Bean2me delivers Orders within a maximum period of twelve (12) business days, starting from the day following the verification of the Order.
6. Customer quality inspection duties
If, despite our numerous quality checks, an imperfection should be noted, it is up to the customer to inspect delivered products immediately upon receipt for correctness, completeness and functionality.
If the delivery has been made by a transport company, any damage to the delivery must be specified on the delivery note.
Any errors or damage must be reported to Bean2me immediately upon discovery or within five (5) calendar days of receipt of the product. The customer can do this in the Online Store, on the site’s contact page, under the rubric “I want to make a return.” The customer must not use a damaged product. The customer must keep the product in its original packaging and follow the Bean2me return process instructions.
Bean2me offers warranty period of two (2) years, with the guarantee that their products will function well and have no defects. The warranty period continues even if a warranty service has been provided. Bean2me can fulfil the warranty provisions alternately by:
- free repair (the initial warranty period continues to apply to all products);
- partial or total replacement by a used/repaired product of the same value (in the case of a replacement during the first year of the warranty, the initial warranty period continues, in the case of a replacement during the second year of the warranty, the new warranty period is one (1) year from the date of replacement);
- replacement by a new product from Bean2me (new warranty period of two (2) years from the date of replacement);
- a store credit equal to the price of the day (not to exceed the price at the time of the order).
Parts that are subject to wear and tear, especially batteries and power cords, are excluded from the Bean2me warranty. As for the rest, the exclusions of liability apply in accordance with Article 8.
If the manufacturer’s warranty exceeds Bean2me’s warranty, Bean2me still grants the customer the latter.
Bean2me may offer a replacement device to the customer, at its discretion, for use during the verification of a warranty claim (subject to conditions). This is done under the suspensive condition that it is a valid warranty claim. The customer only gets ownership of the replacement product once the warranty claim is confirmed by Bean2me. If the warranty claim is refused by Bean2me, the customer can buy the replacement device for the price at the time of delivery, or they will be obliged to return the replacement device at their own expense.
The warranty is only valid if the repairs have been carried out exclusively by the Bean2me customer service department or by another service department authorized and certified by Bean2me. We kindly ask you to be sure to keep the warranty certificate and proof of purchase (receipt, invoice). No claims will be admitted without these documents.
All other provisions are excluded, including statutory warranty provisions in particular.
8. Liability and exclusion of liability
Liability falls under the provisions defined by law. However, Bean2me is never liable for (i) slight negligence, (ii) direct, indirect and consequential damages, lost profits, (iii) unrealized savings, along with (iv) damages resulting in a delay of delivery, and (v) any actions or omissions of Bean2me’s auxiliaries, either in the context of a contract or outside of a contract.
Moreover, Bean2me disclaims any liability for damages resulting from any of the following causes:
- Improper storage, positioning, or use, including usage that is illegal or contrary to the product’s user agreement;
- Use of incompatible accessories or spare parts (e.g. power supply);
- Lack of maintenance and/or inappropriate modification or repair of the product by the customer or a third party;
- Incidents of force majeure, including damage caused by the elements, humidity, falls, knocks, etc…, which cannot be attributed to Bean2me.
9.1 Payment methods
Bean2me sends payment requests for products and services purchased from the Bean2me Online Store directly to the customer. At the time of conclusion of Contract, the retailer relinquishes their entire claim, in relation to the purchase order between them and the customer, to Bean2me (assignment). The customer acknowledges this assignment and is obligated to make payments exclusively to Bean2me.
Payments must be made in Swiss francs.
The customer can use the following payment methods:
- PostFinance card, direct debit card from PostFinance
- Credit card (VISA, MasterCard, American Express)
- Bank transfer (with an e-bill and IBAN, advance payment)
When paying by credit card or other means of instant payment, the debit takes place at the time of the order.
In the case of advance payment, the delivery takes place only after receipt of payment. Products in stock at the Bean2me central warehouse are reserved until the payment deadline has expired, which is at least thirty (30) calendar days. This also applies to products that are first ordered elsewhere, but are processed and shipped from our warehouse. Products that must first be delivered by an external distributor are only ordered when payment has been made.
9.2 Late payment
If the customer does not fully or partially fulfil their payment obligations, all unpaid amounts, due for any reason whatsoever, must be paid immediately (in the case of advance payment, within eight (8) calendar days of the first payment reminder) and Bean2me can halt delivery of all other products to the customer.
After the 2nd payment reminder, Bean2me will charge an indemnity of up to 5.00 CHF and, after the 3rd payment reminder, an indemnity of up to 20.00 CHF. In the event that the payment reminders are unsuccessful, the debt owed may be sold to a collection company. In this case, an effective annual interest rate of 15% may be added to the amount that was owed on the date the invoice was due. The collection company will claim the amount due in its name and on its own behalf, and may charge additional fees.
9.3 Retention of title
Ordered products remain the property of Bean2me until payment is made in full. Bean2me is entitled to register the charge for the purpose of retention of title. Prior to transfer of ownership, no pledge, assignment of security interest, alteration or modification is permitted without the express consent of Bean2me.
10. Oder modification or cancellation
Orders obligate the customer to receive products and services. Bean2me may, at its sole discretion, accept subsequent changes to or cancellations of orders and charge a compensation fee up to 20% of the total value of the cancelled order, with a minimum charge of 60.00 CHF, as well as the possible loss of value (since the order was placed) of cancelled products.
If a partial impossibility of delivery (resolutive condition) occurs after the order and/or conclusion of the Contract, the customer is immediately informed by e-mail. If the order has already been paid, the amount will be refunded. If no payment has been made, the customer is released from their payment obligations. Any other rights due to delay or impossibility of delivery are excluded.
11. Return of delivered goods without defects
As listed under the rubric «What are the conditions of return» from our FAQ , Bean2me grants the right to return ordered products within a maximum of thirty (30) calendar days.
The customer must contact the chronic.ch customer service department, and return the goods to the address indicated once the request is approved. Products must be sent with all accessories and properly packaged in the original packaging. Damaged products will not be taken back and will be billed in full to the customer.
If the customer uses their right to return in accordance with the above mentioned return conditions, Bean2me will reimburse the full purchase price, with the exception of the minimum quantity surcharge that may have been paid.
12. Out-of-warranty service
The costs of an out-of-warranty repair, in accordance with Article 7, are the responsibility of the customer. Bean2me reserves the right to charge the customer for the costs incurred in the verification and return of products with non-visible defects or damage not covered by the manufacturer’s warranty, in accordance with Article 7.
13. Review & comments
By posting reviews/comments on our site, you confirm and authorize that your comment, with username, is visible to everyone on the website and that Bean2me may use it unrestrainedly and free of charge for advertising purposes. You have the option of choosing a username that cannot be linked back to your real name.
14. Further provisions
14.1 Unidentifiable returns
Returns for which we do not have the sender’s information and thus cannot be returned (due to missing data) are retained for six months by Bean2me before being discarded.
14.2 Goods repaired under warranty that cannot be delivered
If merchandise, which has been repaired under warranty in accordance with Article 7, cannot be returned to the customer, Bean2me is entitled to dispose of the goods, and in particular, to liquidate them.
14.3 Data protection
We are committed to making every effort to treat your personal data, which we have to collect, with the strictest confidentiality, regardless of the nature of that personal data. Your data will be protected and will only be used to execute your orders and requests, to improve the services that may be offered to you on our site, or to inform you of new developments. You may, however, at any time exercise your rights of access to, rectification of or opposition to this data from your account or by e-mailing us.
14.4 Partial invalidity
If certain provisions of these Terms and Conditions are proven to be null and void, that does not change the validity of the other provisions in the Contract.
14.5 Jurisdiction and applicable law
All legal relationships between Bean2me and the customer are subject to Swiss substantive law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
For all disputes arising from sales contracts with Bean2me as the contracting party, the place of jurisdiction will be Geneva or that of the customer’s place of residence. In all other cases, the place of jurisdiction will be Geneva exclusively.
14.6 Copyright statement
All rights, especially intellectual property rights, of these Terms and Conditions are the exclusive property of Bean2me.
Any reproduction, dissemination or other use is prohibited and is only permitted with the express written consent of Bean2me. In the event of non-compliance with this provision, Bean2me reserves the right to initiate judicial procedures.
If you have questions about the general terms and conditions of sale, contact us.
For additional information or comments of any kind, you can contact us by e-mail at email@example.com, or send postal mail to: Bean2me SA, Rue des Alpes 21, CH-1201 Genève. You can also reach us by phone at +41 (0)22 900 01 18.