GENERAL CONDITIONS OF SALE VIA INTERNET
Address in Switzerland:
BLUEPOINT Service SA
Via Cantonale 14
Tel: +41 91 980 49 72
Fax: +41 91 605 37 55
These general conditions of sale apply to sales made over the Internet by BLUEPOINT Service SA (hereinafter “BLUEPOINT”) and are addressed to the end user (hereinafter “the Customer”), who buys goods for non-professional use. The customer must always read the general conditions of sale via the Internet before placing orders on the Internet. Each order assumes that you accept these conditions without reservation.
These general conditions of sale via the Internet govern the contractual relationship between BLUEPOINT and the customer, who accepts them without reservation recognizing the exclusive applicability, even in case of conflict with any conditions generated by the customer. It should be noted that the products are intended for the personal use of the customer, excluding any professional activity of resale of products.
BLUEPOINT reserves the right to change at any time the general conditions of sale via the Internet. The conditions in force at the time the sale ends are applied in current contracts.
The customer who places an order on the website of BLUEPOINT must be at least 18 years of age and must be in possession of full legal capacity or have a parental authorization that allows him to proceed with the order on the site.
The contract between BLUEPOINT and the customer comes into force only if the customer has placed an order online and if BLUEPOINT has confirmed this same order by email.
The confirmation email sent by BLUEPOINT constitutes acceptance of the customer and thus represents the contract of sale between BLUEPOINT and the customer. From the moment that BLUEPOINT confirms the order, the customer can no longer modify or cancel their order. It remains reserved the right of replacement.
BLUEPOINT reserves the right to refuse any orders placed by a customer with whom there is a dispute regarding the payment of previous orders.
The images on the website of BLUEPOINT are for illustrative purposes only and do not justify any claim by the customer.
RESERVATION OF TITLE
BLUEPOINT retains ownership of the goods delivered until receipt of full payment of the same, as provided for in the contract. The customer is required to contribute to all measures necessary to protect the title of ownership of BLUEPOINT. Authorizes BLUEPOINT to provide for the reservation of title in the form requested and to comply with all necessary formalities, at its own expense. Throughout the duration of the retention of title, the customer will keep the goods in their original condition and will prevent any violation of the property rights of BLUEPOINT.
BLUEPOINT reserves the right to change its prices at any time. When you place an order, applies to the sale via the Internet in question the price in effect at the time of the order and indicated in the order confirmation.
The maximum amount of an order is CHF 5,000.
Shipping costs are automatically added to the price of the goods ordered, depending on the weight of the products ordered.
Payment for online orders is made using different types of payment cards, at the discretion of the customer. The prices indicated in the shopoint are in Swiss francs (CHF). They are inclusive of taxes and do not include the contribution to the processing and shipping costs, which will be invoiced separately. All orders are payable exclusively in Swiss francs (CHF).
BLUEPOINT is committed to delivering the ordered goods as soon as possible. The average delivery time of the goods in stock is between 1 and 5 working days from payment. Express deliveries are made in accordance with the timescale indicated at the time of the choice of the method of delivery.
These delivery times are indicative and do not constitute an essential condition of the sale. If the goods ordered are not available in stock at the time of ordering, BLUEPOINT will inform the customer as soon as possible by email. When they are again available for delivery, the goods will be sent to the customer. The BLUEPOINT excludes any liability for any delays.
RIGHT OF SUBSTITUTION
In the event of an error of order by the customer, the latter may benefit from the right to replacement within 14 days of receipt of the goods and in accordance with the following conditions: any replacement must first be notified in writing to BLUEPOINT. Only goods that are complete, unused, intact, ready for sale and still packed in their original packaging will be collected. BLUEPOINT will refund the amount(s) paid, except for shipping costs. The refund will be paid to the bank account corresponding to the customer’s payment card.
For the eventual supply of a new article in substitution of the previous one, it will be necessary to execute a new order in the shopoint.
RETURN AND CLAIMS
It is up to the customer to check the goods immediately upon delivery, presenting any reservations and complaints regarding possible defects, non-conformities or damage caused by transport. Reservations and complaints (without forgetting to indicate the reason(s) given) must be submitted as soon as possible, in any case no later than 14 days after delivery, in writing, to BLUEPOINT, which will ensure the processing of the complaint.
None of the parties can be held responsible for non-performance of the contract for reasons beyond their control (force majeure), in particular: strikes, terrorist acts, wars, problems with suppliers, transport or production, exchange rate fluctuations, acts of public authorities, natural disasters. Each party shall be entitled to an additional reasonable period of time to make contact, provided that if the above circumstances last for more than 60 days, the contract may be terminated by written notice from either party, without compensation.
The obtaining and protection of personal information collected in the context of distance selling is essential, as this information is necessary for the processing of orders and delivery of products, as well as for the issuance of invoices. This information is strictly confidential. In the event of failure to provide the personal information requested, the order will be automatically refused.
BLUEPOINT undertakes to comply with the provisions of the law on security and data protection.
APPLICABLE LAW / FORUM
All contracts are subject to Swiss law. Any dispute between the parties shall be settled by the competent courts of the Canton of Ticino.
The Vienna Convention on Contracts for the International Sale of Goods does not apply.
The competent court of law is that of the registered office of BLUEPOINT.
Written in Barbengo, 16 December 2019.
The BLUEPOINT Shopoint uses an efficient technology: the SSL encryption process.
An acronym for “Secure Sockets Layer”, SSL is the most widely used encryption process on the Web. Thanks to SSL encryption, all information exchanged between your browser (e.g. Internet Explorer, Netscape…) and our website’s server is unreadable by third parties. SSL therefore guarantees the security of Internet banking transactions.
SSL is transparent to the user, as long as he is never required to take any special steps to navigate an SSL-protected website. You can tell if the connection is SSL by looking at the browser address line, which should start with https: //… instead of http: //…. . A closed padlock must also appear on the status bar of the browser.
The site does not store your credit card details. This data must be re-entered each time you make an online purchase.
USE AND CONFIDENTIALITY
By using this site you agree to the following terms and conditions.
All trademarks and logos on this site belong to the company BLUEPOINT Sevice SA and its official partners (hereinafter “BLUEPOINT Service”), unless otherwise expressly stated. The company BLUEPOINT Service SA (hereinafter “BLUEPOINT”) is authorized by its partners to use their trademarks and logos.
It will not be possible to grant any licence or right of use to any of the aforesaid trademarks contained in the site, which may not therefore be used without the prior written consent of BLUEPOINT Service or its partners.
The company BLUEPOINT Service SA, reserves the right to prosecute any act of infringement of its intellectual property rights, even at the same time as any criminal prosecution.
Copyright: the information contained in this Site or in any publication made available on or through this Site is the exclusive property of BLUEPOINT and its partners, and is also protected by copyright or other proprietary rights. No content of this Site may be reproduced, distributed or modified in any way without the prior written permission of BLUEPOINT Service SA.
Trademarks: This site contains trademarks owned by BLUEPOINT and its partners. BLUEPOINT has been authorized by its partners to use the trademarks of their property. No reproduction is permitted without the prior written and specific authorization of BLUEPOINT or its partners.
EXCLUSION OF LIABILITY
BLUEPOINT updates the information on its Internet pages as regularly as possible, but some data may be subject to change. BLUEPOINT cannot therefore guarantee the topicality, correctness or completeness of the information provided on the website. We therefore recommend that you check the information on the website before using it.
BLUEPOINT also reserves the right to modify or supplement the Internet pages provided at any time and without prior notice. In any case, we recommend that you visit our website regularly.
All information accessible through this site is provided as is. The company BLUEPOINT does not offer any guarantee, express or implied, nor does it assume any responsibility for any issues arising from access to or use of this site, including any deterioration or viruses that could infect computer devices or any other property of the user. Users of this site therefore declare that they are accessing this site at their own risk.
Sites external to the company BLUEPOINT and linked to this site by hyperlinks are not under the control of the company BLUEPOINT ¨, which consequently disclaims any responsibility for its content. These links to other sites do not in any way confirm the approval or partnership between BLUEPOINT and these sites, which are instead subject to their specific conditions of use and privacy policies. Users will access these sites at their own risk.
ACCESS TO THE SITE
BLUEPOINT reserves the right to modify, revoke, suspend or interrupt at any time, for any reason, at its own discretion and without notice access to the site in its entirety or in part, extending this provision in particular to the content, functionality and availability hours.
BLUEPOINT guarantees compliance with Swiss data protection legislation when processing personal or business data.
When you visit our website, we record a variety of information about you. The user enters certain data to register services, such as name, address and email address. In the context of the technical process, non-personal data, such as IP addresses, is also recorded. Other data is provided by the user when ordering products or services, in particular in the extranet mode or when contacting us directly. These data are protected against access by unauthorised third parties. The user is solely responsible for the correctness of the information provided to BLUEPOINT.
The user of the website agrees that BLUEPOINT may use this data for analytical purposes, in particular for statistical purposes (e.g. to define the days when the number of accesses is highest and the data that is accessed most frequently). The data will be used for the above purposes in respect of anonymity.
BLUEPOINT uses your personal data for technical purposes of website administration, customer management, product surveys and marketing, but only to the extent necessary.
1. BLUEPOINT does not transmit any personal data to third parties: no personal data will be transmitted to third parties outside the company BLUEPOINT without the user’s prior consent, with the exception of third parties involved in the proper execution of the order (eg. the transmission of data to the Post) or the implementation of surveys. User information is treated confidentially.
2. Password and user name: When registering securely, the user chooses a personal user name and password. This means that only the user can access their information.
3. Accessibility to your account at any time: you can view and change your customer account data at any time: delivery address, phone number, email address, etc..
4. Use of Google Analytics: This website uses Google Analytics, an Internet analysis service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, which are text files stored on your computer that allow analysis of the use of our website. The information generated by this cookie about your use of the website (including your IP address) is stored on a Google server in the USA. Google will use this information for the purpose of compiling reports on website activity for submission to the website operator.
Google will not associate your IP address with any other data held by Google. You can prevent the installation of cookies by changing your Internet browser options; however, we would like to point out that certain functions of the website will not be available in this way. By using this website, you consent to the use of the data collected by Google as described above and for the purposes described above. The collection and storage of data can be denied at any time (with https://tools.google.com/dlpage/gaoptout?hl=it).
In view of the discussions about the use of analysis tools with complete IP addresses, we would like to remind you that this website uses Google Analytics “anonymizelp ()”. As a result, they will be visible are not complete IP addresses, in order to avoid any possibility of direct recognition of persons. The use of these Internet pages implies the acceptance of these provisions by the user.
This text shall enter into force on 16 December 2019 for BLUEPOINT.
GENERAL CONDITIONS OF ASSISTANCE (CGA)
If a device marketed by BLUEPOINT has manufacturing defects, BLUEPOINT undertakes to eliminate these defects to the extent defined in the Product Warranty Booklet.
WARRANTY SERVICE / REPAIR
BLUEPOINT grants a 06-month warranty on assistance/repair, provided that the assistance/repair is carried out at the BLUEPOINT Repair Centre. BLUEPOINT does not provide any guarantee for assistance/repair work carried out in places other than the BLUEPOINT Repair Centre.
AVAILABILITY OF SPARE PARTS
BLUEPOINT provides a guarantee on its own devices and for the devices of its partners, which is why only spare parts, components and accessories that can be used without opening the device are available for sale. If it is necessary to open the device, it is necessary to request a repair from the BLUEPOINT service.
PROCEDURE FOR THE REPAIR REQUEST
For any repair request, refer to the repair request form and proceed according to the instructions. The form is available on the BLUEPOINT website or at the BLUEPOINT Service Centre. In case of non-compliance with the instructions, BLUEPOINT reserves the right to refuse to send or to invoice the costs.
DURATION OF SERVICE / REPAIR
BLUEPOINT guarantees a maximum duration of 05 working days between the date of receipt of the device (to be checked/repaired) at our BLUEPOINT service centre and the date of return of the device (checked/repaired). If the maximum duration is exceeded, BLUEPOINT undertakes to inform the customer of the reason for the delay in good time.
BLUEPOINT is not responsible for the duration of the transport.
For appliances not covered by the warranty, BLUEPOINT sends a repair estimate to the customer, the customer must accept or reject the estimate proposed by BLUEPOINT. Only after the acceptance of the estimate BLUEPOINT will proceed to repair the appliance. The apparatus in which the customer does not accept the estimate, BLUEPOINT will proceed to invoice a quote fee of CHF 40.
Every repair carried out by our BLUEPOINT Service Centre is guaranteed for 06 months for each component replaced in the appliance.
In every invoice issued by BLUEPOINT for repairs outside the warranty will be indicated the replaced component with the price.
For warranty, service and other information orders:
BLUEPOINT Service SA, Via Cantonale 14, CH – 6917 Barbengo, +41 91 980 49 72, firstname.lastname@example.org or via our website www.bluepoint-service.ch
Any previous agreement on the points dealt with in these GTC, regardless of its form, shall lapse as soon as these GTC enter into force. Each clause must be stated in writing. BLUEPOINT reserves the right to modify these GCI without notice and at any time, in order to keep them appropriate to the needs. Only the GCI valid on the date of the specific event are applicable.
LEGAL VENUE AND APPLICABLE LAW
In the event of a dispute, the place of jurisdiction shall be the registered office of BLUEPOINT Service SA. Swiss law shall apply. The Italian version of these GTC shall prevail.
Barbengo, 16 December 2019.