GENERAL CONDITIONS OF SALE AND USE
Article 1. Introduction
The following transactions are governed by these Terms and Conditions: all orders for products (the “Products”) placed by an individual, hereinafter referred to as “you” or the “customer”, with Double Down Sàrl, hereinafter referred to as “DD”, “we” or “us”, a limited liability company registered with the Commercial Registry and having its registered office at rue de la cité 29, 1204 Geneva, Switzerland, via the Internet. You can contact DD by email at info@blackoutconcept.com or by phone at +41 (0)22 310 00 01
Before using DD’s website (www.blackoutconcept.com) and associated pages (the “Site”) and/or placing an order, we invite you to carefully read all the provisions of the present General Terms and Conditions of Sale as well as the Privacy Policy, the Terms of Use of the Site and any other provision that may appear on the Site on the occasion of promotions or specific campaigns.
Each order placed with DD via the Site is governed by the present General Conditions of Sale. Unless otherwise stated in these General Terms and Conditions of Sale, they apply to the exclusion of all other conditions.
Our General Terms and Conditions of Sale may be modified when a new version is published on the Site at a more recent date. We invite you to read our Terms and Conditions regularly to be informed of these changes. The Terms and Conditions of Sale that apply are those in effect at the time you order Products from us, unless a change to them is required by law or governmental authority (in which case, such change will apply to orders previously placed by you).
Any order placed on the Site can be delivered in Switzerland, in a member state of the European Union or in any other state where our carriers can make deliveries. We regret that we are unable to deliver elsewhere.
Article 2. Controls
2.1. Controls
The Products on sale on the Site are exclusively reserved for adults with full civil rights. Persons under the age of 18, or whose exercise of civil rights is restricted by a measure of adult protection or any other rule applicable in their state of residence, are only allowed to purchase Products with the consent and under the supervision of a parent or legal guardian.
2.2. Password and privacy
Once you register on our Site, you will have a unique username and password for your account (the “Credentials”). We ask you to respect the confidentiality and security of your Identifiers, which is your sole responsibility. Any successful login using your Credentials will be considered a personal act on your part, whether performed by you or another person.
If you know or have reason to believe that your Credentials have been stolen or misused, or for any other security related issue, we invite you to contact DD immediately using our contact information, available on the Site.
If DD knows or has reason to believe that your Credentials are actually being used by another person, DD will immediately suspend the use of that account (including the processing of any transactions made from that account).
2.3. Ordering process
You can place your orders by internet on the Site.
To place an order for Products on the Site, simply click on the “Add to Cart” button. After making a reservation on the Site, you will have access to the order confirmation page so that you can check the order, select the delivery method (when several can be offered) and check the total amount. You will also have the choice to pick up your orders personally in one of our stores.
After accepting these Terms and Conditions of Sale, you will be asked to enter your payment details to finalize your order.
To the extent permitted by law, DD is entitled to refuse, cancel or remove an order for any reasonable reason at any time. For example, we may refuse an order if a Product is totally or partially unavailable after the order has been confirmed. In this case, you will be informed of the delivery of a partial order or the cancellation of your order. If you have already paid for some or all of the Products, we will refund the full amount of the Products concerned as well as any delivery charges invoiced as soon as possible. DD may also refuse an order in the event of a dispute concerning the payment of previous orders or in the event of abnormal orders and orders for which DD suspects that they have not been made in good faith.
2.4. Price
The prices of the Products you order are those mentioned in Swiss francs, euros or dollars on the Site on the date you place your order, including all taxes, if any, except for any applicable customs fees or foreign taxes.
Delivery costs will be charged at the rates indicated on the Site on the date you placed your order and calculated according to the delivery method selected. We will indicate the shipping charges applicable to your order at the checkout stage and before your order is confirmed.
DD reserves the right to modify the prices of its Products in the future. Price changes will not apply to orders for Products already confirmed.
2.5. Payment
Payment must be made by the method you selected at the checkout stage of your order. Payments can be made by credit/debit card, PayPal, bank transfer or through a loan from our partner Availabill AG.
If you wish to pay for your purchase with a loan, you can apply for financing from our partner Availabill AG. To do so, you must submit an offer to this partner, subject to acceptance, and enter into a contract with them. The financing agreements are exclusively subject to the contractual conditions of Availabill AG. We are not a party to this contract and do not accept any liability in connection with loans or credits applied for from Availabill AG. The obtaining of financing is subject to conditions, which are set by the Availabill AG (in particular regarding the place of residence, creditworthiness and other factors).
Until payment of the price of the Products concerned has been received by DD, we will put your order on hold. No order will be shipped without confirmation that payment has been made in full. DD reserves the right to refuse any new order until the balance due has been paid in full.
Article 3. Delivery
3.1. Delivery
All orders confirmed by DD will be delivered to the delivery address specified when you placed your order or made available at our store of your choice.
DD and/or companies authorized by DD may contact you by SMS, telephone and/or e-mail and provide you with information regarding your order and its delivery.
DD makes every effort to ship the Products ordered within two business days of your order confirmation and receipt of your payment. In the event of collection from a store, we will make every effort to make the Product(s) you have ordered available to you within one week of full payment. You will receive a confirmation of availability by email when your Products have arrived at the store of your choice.
In order to deliver orders on time, DD strives to have sufficient stocks of Products. However, as these are often single Products, it is possible that stocks may be insufficient to allow delivery of all orders. In such cases, you agree that DD is entitled to make partial deliveries, to defer delivery or even to cancel the order without being considered in default.
3.2. Default and transfer of risk
DD retains ownership of the Products until full payment of the price and charges for said Products is received.
All risk of loss or damage to the Products shall pass to you – to the extent permitted by applicable law – at the time of delivery of the Products to the shipping company selected by you at the time of order.
In the event of in-store pickup, all risk of loss or damage to the Products is transferred to you upon pickup of the Products.
3.3. Product Verification
At the time of delivery or collection, we ask you to check that the Products delivered correspond to those mentioned on your order confirmation.
If you notice any damage or missing items, you must report it, make a claim to the carrier and contact our customer service within two (2) days after delivery. In the absence of notice from you within the aforementioned period, by email to info@blackoutconcept.com, the Products are deemed to have been received in good condition, without defect or damage, and accepted as is, subject to any non-apparent defect.
If you subsequently discover a defect that is not apparent, you must, immediately upon discovery but no later than two days, notify DD of the defect by email at info@blackoutconcept.com
Article 4. Returns and Warranty
4.1. Right of Withdrawal
4.1.1. Purpose and conditions of the right of withdrawal
You have the right to return any Product that is not suitable for you within fourteen (14) days of receipt of the Products, without giving any reason. DD will only accept the return of undamaged and unused Products in their original condition and packaging with the invoice.
You assume all responsibility for any depreciation in value of the Products resulting from your handling beyond the actions necessary to establish the nature, characteristics and operation of the Products.
You shall bear the costs of returning the goods, unless otherwise stipulated by the applicable law.
4.1.2. Exercising the right of withdrawal
To exercise your right of withdrawal, simply send an email to the address info@blackoutconcept, with the following form duly completed:
I/we hereby declares that he wishes to exercise my/our right of withdrawal from the contract of sale of the following goods:
- Ordered on [date of the order] and received on [receipt date]
- Order number: [number]
- Designation of the concerned Products: [Product]
- Consumer’s name: [Name]
- Consumer address: [Address]
We will then gladly send you a return label once you have exercised your right of withdrawal and you will be responsible for returning the Products to us at your own risk and responsibility.
4.1.3. Effects of shrinkage
If the returns have been made correctly, DD will refund the price of the Products and the shipping costs charged within thirty (30) days from the date of receipt of the returned Products. We will process this refund using the same payment method you chose for the original transaction, unless you have expressly agreed otherwise.
4.2. Warranty for defects
Provided that you comply with the obligations set out in article 3.3, all Products sold by DD are guaranteed for three (3) years, unless the law of your country of residence provides for a longer minimum guarantee period. The warranty takes effect on the date of shipment of your product stipulated on the Blackout Concept warranty card.
For the sake of clarity, the warranty granted does not cover, in particular, defects resulting from an accident, mishandling, use not in accordance with DD’s or the manufacturer’s instructions or for an unspecified purpose, negligence, inappropriate storage or conservation of the Products or unauthorized modification or repair, as well as defects which are the consequence of normal wear and tear over time of the Products. The defects you claim must have existed at the time of delivery, but were not discovered until later.
In order to assert your warranty rights, you must send us the defective Products under warranty at your own expense. If the law in your country of residence provides for this, we will reimburse the shipping costs.
If we find a warranty case, we may, at our sole discretion, have the defective Product and/or parts repaired by an authorized workshop, replace the Product with another product that we deem equivalent, refund the price of the Product to you and retain the Product, or return the Product to you and refund a portion of the price of the Product in proportion to the loss of value associated with the defect found.
To the extent permitted by applicable law, the warranty set forth in this Section 4.2 is exclusive and in lieu of any other warranties on the Products or rights on your part thereunder.
Article 5. Responsability
The photographs and texts presented as illustrations and descriptions of the Products on the Site are non-contractual and given exclusively for information purposes. DD cannot be held responsible for any errors or omissions in the illustrations or texts displayed on the Site.
Without limiting the scope of these Terms and Conditions and to the extent permitted by applicable mandatory law, you expressly acknowledge and agree that we shall not be liable for any direct or indirect, incidental or consequential damages of any kind (even if the threat of such damages was known or should have been known to DD) including, but not limited to, damages arising from tort law, loss of profits, loss of use, loss of data or other intangible losses that may arise from (i) the use or inability to use the Products, (ii) information and indications presented on the Site concerning the Products, or (iii) any other cause relating to the Products. In any case, no claim of any kind, regarding delivered Products or the lack of delivery of Products or for any other reason, shall exceed an amount equivalent to the purchase price of the Product(s) concerned.
We expressly disclaim any liability for any loss or damage you may incur as a result of your failure to comply with these Terms and Conditions. We only provide Products for personal and private use. You agree not to use these Products for commercial, business or resale purposes. We accept no liability for any loss of profit, loss or interruption of business or loss of business opportunity.
These General Terms and Conditions of Sale do not contain any provision excluding or limiting our liability for fraud or gross negligence.
Article 6. Cases of Major Inforcement
DD will make every effort to fulfill its obligations. Nevertheless, DD shall not be liable for delays or non-delivery caused by circumstances beyond its reasonable control (“force majeure”). These circumstances include, without limitation, strikes and labor unrest, riots, revolts, wars, natural disasters or any other situation that makes the production, transportation or delivery of the Products impossible or impractical.
In the event of a delay resulting from force majeure, DD’s obligations shall be suspended and the period of performance of our obligations shall be extended for the duration of the event. DD will fulfill its obligations as promptly as reasonably possible. In case of definitive impossibility to deliver the ordered Products due to a case of force majeure, the order will be cancelled and the price as well as the paid expenses will be refunded as soon as possible.
Article 7. Various
The present General Terms and Conditions of Sale constitute the entire agreement between DD and yourself with regard to the acquisition of Products through the Site. Any other provisions set forth by DD governing its relationship with you, including with respect to the use of the Site and our privacy policy, supplement the Terms and Conditions. In case of contradiction between them, priority will be given to the present General Conditions of Sale.
If any provision of the General Terms and Conditions of Sale is found to be invalid or unenforceable for any reason or legal cause, the parties agree that their intentions, as reflected in the invalid provision, shall be carried out to the maximum extent possible and that the remaining provisions of the General Terms and Conditions of Sale shall remain in full force and effect.
You may not assign or transfer any of your rights or obligations under these Terms and Conditions. We may assign or transfer any of our rights or obligations, or subcontract the performance of any of our obligations under these Terms and Conditions to any third party at any time, without requiring your prior consent.
Any tolerance or waiver by DD, in the application of all or part of the clauses of the present General Terms of Sale, whatever the frequency and duration, shall not be considered as a waiver to enforce them.
You agree that any communication or transmission of information, including but not limited to the downloading of the Terms and Conditions of Sale and the sending of confirmation of your orders, shall be validly made by computer PDF or e-mail.
Article 8. Applicable law
Subject to the provisions of any other legal system that may be applicable, these Terms and Conditions and your purchase of Products from the Site shall be governed by and construed in accordance with the substantive laws of Switzerland, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, and without regard to its conflict of laws provisions.
Any dispute or claim arising out of or in connection with these Terms and Conditions of Sale shall be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland, subject to any other mandatory jurisdiction.
