GENERAL CONDITIONS OF SALE
Date of last update : October 29, 2024.
ARTICLE 1 - GENERAL CLAUSES
Our sales are subject to the present general terms and conditions, which take precedence over any conditions of purchase, unless we expressly waive them.
Placing an order implies the purchaser's full and unreserved acceptance of these conditions, to the exclusion of any other document which has no contractual or written value for the seller, and which may not be invoked against the seller, regardless of when it may have been brought to the seller's attention.
The fact that the seller does not invoke any of the present conditions at a given time may not be interpreted as a waiver of the right to invoke any of the said conditions at a later date. Hereinafter referred to as the seller, Kikox Sàrl.
ARTICLE 2 - ORDERING AND RESTOCKING
All orders bearing the buyer's signature will be considered definitively accepted by the seller after a period of 14 days from the date of the order. However, acceptance may also result from shipment of the products ordered. The minimum order is CHF. 5'000, excluding taxes, for all our collections, with the exception of brands offering a “mono-product”. No signed order may be cancelled or modified by the buyer without the seller's written consent. Any order cancelled after 14 days from the date of the order will constitute a loss which the purchaser undertakes to make good by paying compensation equal to 50% of the value of the initial order, excluding VAT. No order confirmation will be sent to the purchaser; the order alone is binding. We reserve the right to terminate current contracts in the event of force majeure.
Reorders will only be accepted for orders of 10 items or more, depending on actual stock availability, and delivery charges will be invoiced at CHF 20 per shipment.
ARTICLE 3 - DELIVERY
Delivery times are given as an indication only. In the event of late delivery, the purchaser is obliged to accept the goods unless, after the deadline indicated on the order form, he has sent the seller formal notice by registered letter with acknowledgement of receipt, and the goods have not been delivered within fifteen days of receipt of this registered letter.
In any event, late delivery may only result in the cancellation of the quantities still to be delivered, to the exclusion of all damages, interest and penalties. Delivery charges are included in our prices, with the exception of restocking.
Goods are transported at the recipient's risk, even by carriers of our choice.
ARTICLE 4 - RECEIPT OF GOODS
By mutual agreement between the seller and the buyer, ownership of the goods will only be transferred to the buyer on full payment of the price.
In the event of non-payment of even a fraction of the price on the due date, the seller may take back the goods delivered and cancel the sale. In this case, the purchaser will be liable to pay compensation equal to 50% of the invoice price, to which any advance payments made may be deducted, to compensate for the depreciation of the goods and the loss suffered by the seller as a result of the cancellation of the sale. The goods must be returned immediately by the purchaser, at his own expense.
However, these provisions do not prevent the transfer to the buyer of the risks of loss and deterioration of the goods sold, as well as any damage they may cause, as soon as the goods leave the seller's factories or warehouses. The purchaser therefore undertakes to take out adequate cover for these risks with an insurance company known to be solvent, and to provide proof of such cover on request.
In accordance with the law, in the event of the buyer's receivership or liquidation, the seller may reclaim the goods.
The clauses of the present article, stipulated as a guarantee in the exclusive interest of the seller, may only be invoked by the latter. Under no circumstances may the buyer invoke them to prevent the seller from taking back unpaid goods.
ARTICLE 5 - PAIEMENT
An invoice in CHF. is issued for each delivery and delivered at the time of delivery. Orders between CHF 5'000 and 10'000 are payable at 30% at the latest 14 days after the order date, and at 50% for all orders over CHF 10'000. A discount of -3% may be deducted from advance payments.
Net payment is due 30 days after delivery date, by bank transfer only on invoices with QR codes. If payment is made within 10 days of the invoice date, this will entitle the customer to a discount expressed as a percentage (default: 3%), to be deducted from the net invoiced value, as agreed and indicated on the order form at the time the order is placed. This percentage discount is granted according to the quantities ordered each season. For the purposes of this article, payment shall not be deemed to have been made by the mere presentation of a bill of exchange or cheque implying an obligation to pay, but by their payment on the agreed due date. In the event of non-payment on any one of the due dates, the other due dates shall become immediately payable.
Failure to pay or late payment will result in a reminder charge of CHF 20 per reminder sent. Following the second and final reminder, if payment has still not been made, we reserve the right to initiate legal proceedings. The costs of such proceedings will be borne by the purchaser, as will any bank charges that may arise from the collection of bank transfers, bills of exchange, promissory bills, bills of exchange or cheques.
In the event of legal action, the seller may cancel or suspend all orders or deliveries in progress, without prejudice to any other course of action.
The application by the seller of the clauses of the present article does not imply a waiver on its part of the subsequent exercise of the rights deriving from its reservation of title.
ARTICLE 6 - SOLIDARITY AND SUBROGATION
Any person who places an order on behalf of a third party is presumed to be acting as the agent and joint and several surety of this third party and, in this capacity, is notably liable for payment of the order placed with Kikox Sàrl. In addition, in the event of bankruptcy of the customer, his legal representative (director, administrator, managing director, manager, etc.) is immediately and personally bound as joint and several surety to substitute himself, for payment, for the defaulting debtor and is, in the event of payment by him, subrogated to the rights of Kikox Sàrl against the bankrupt.
ARTICLE 7 - PRICE
The prices quoted are in CHF and are firm and definitive. Prices are negotiated for a period of 6 months, but may be modified thereafter, in particular to take account of any upward or downward variations in the cost of raw materials or exchange rates.
In the event of price changes, the seller undertakes to inform the buyer, and such changes will only apply after a period of 1 month.
ARTICLE 8 - GUARANTEE CLAUSE
The goods sold are guaranteed against any defect resulting from a manufacturing or design fault. Any defects must be reported within 10 days to Kikox Sàrl, from the date of delivery and must be the subject of a specific written request to Kikox Sàrl within the same period. Only the following reasons can be considered as ‘defect’: delivery error, stained items, faulty cut, size, labeling or quality. After written acceptance and receipt of the returned items at Kikox Sàrl, the latter will first replace the items with similar items (subject to available stocks) or then refund the corresponding amount, in the form of a credit note to be deducted from the next invoice or season.
The guarantee will be excluded if: the malfunction is the result of unauthorised intervention on the goods; the malfunction is the result of normal wear and tear or poor maintenance by the purchaser; or the malfunction is the result of force majeure or is announced out of time. No returns made on the customer's own initiative to our premises will be accepted, and a complaint relating to part of the goods will not exempt the buyer from paying the price for the goods in conformity on the due date.
ARTICLE 9 - RESOLUTORY CLAUSE
Failure to comply with the general terms and conditions of sale could result in the termination of commercial relations, in addition to the penalties incurred.
ARTICLE 10 - JURISDICTION AND APPLICABLE LAW
Swiss law is exclusively applicable, place of jurisdiction: Montreux. Only the Swiss version of these general terms and conditions of sale is authentic between the parties.