General Terms and Conditions for the Victorinox Online Shop France

1. Scope

1.1 The following General Terms and Conditions (“GTC”) shall apply to the use of the website www.victorinox.com/fr (“„Website”) and also to orders of Victorinox products in the online shop of the Website in France, in the current version at the time each order is placed. The Website is owned and operated by Victorinox AG, Schmiedgasse 57, CH-6438 Ibach-Schwyz. The contract on ordering in the online shop is formed between the customer (“Customer” or “you”) and the supplier, Victorinox Retail AG (a wholly-owned subsidiary of Victorinox AG), Schmiedgasse 57, CH-6438 Ibach-Schwyz (“we” or “us”).

1.2 We shall be entitled to supplement or amend the GTC at any time at our own discretion. The applicable version of the GTC is the one which was in place at the time an order was placed.

1.3 Deviating, additional or conflicting terms and conditions of the Customer are not recognized unless we have expressly agreed to their validity in writing.
 

2. Terms of use

2.1 Proper registration is required for the use of offers in our online shop. You are therefore responsible for providing truthful and complete information as a Customer.

2.2 We are not obligated to accept the registration or orders of a registered customer. Likewise, we are not obligated to make the Website and its services permanently available. Orders that have already been confirmed remain unaffected by this.

2.3 If incomplete or inaccurate information is provided upon registration, or you neglect to inform us of changes, then we are authorized to immediately exclude you from using the online shop.

2.4 You are obligated to treat your personal login information as confidential and to prevent access by unauthorized third parties.


3. Online ordering process  


3.1 Begin your order by adding the selected products to the shopping cart. You can view the shopping cart again on the overview page before beginning the checkout process. Please provide the delivery address in the first step of the checkout process. Enter the payment information in the second step. In the third step, you can review your selection and all information as well as correct any entry errors before sending and placing your order.

3.2 By pressing the “BUY NOW” button, you are confirming a binding order of the products that are in the shopping cart. An automated email confirming that we have received the order is generated immediately after the order is sent, and it does not constitute an acceptance of the contract.

3.3 If you have opened a customer account, then you can see your orders at any time under “My Orders”.

3.4. Personalization of products: We offer personalization services for certain products (e.g. engraving). The customer is fully responsible for the correct provision of personalization orders (e.g. selection of scale color, font color and size, text to be engraved). Submitted personalization orders will not be corrected on our side, e.g. neither typos nor selection of font colors will be corrected or optimized. It is strictly forbidden to use coarse language as well as discriminating, racist, sexist or violence glorifying wordings. We reserve the right to cancel orders that contain wordings which are not in line with the provisions mentioned above or may bring into disrepute Victorinox’s brand, products or reputation. You are responsible and liable yourself that your personalization does not infringe any third party rights.


4. Subject matter of the contract, product characteristics


4.1 The subject matter of the contract is the products specified in your order and listed in your order confirmation at the retail prices listed in the online shop. Errors and omissions are reserved, particularly those affecting the availability of goods; however, we endeavor to eliminate errors as soon as possible.

4.2 The characteristics of the ordered products are based on the product descriptions in the online shop. Images of products on the Website may be inaccurate under certain circumstances. In particular, colors may substantially differ for technical reasons. Images are used for illustrative reference only and can differ from the actual product. Technical data, weight, dimensions and performance specifications are specified as precisely as possible, although they may have the usual variations.

4.3 The presentation of products on the Website is a non-binding online catalog and not a legally binding offer.

5. Contract conclusion

5.1 A purchase contract is concluded only when we send you a separate shipping confirmation via email within five days after your order for the products was placed. There is no contract concluded for ordered products that are not listed in the shipping confirmation. This may also concern products that are offered in the online shop but, for example, are not available at the time when your order is received. In this case, we shall reimburse you for any payments already made. We will use the same method of payment that you used in the original transaction for repayment, unless expressly agreed otherwise.

5.2 If the product shown in your order is only temporarily unavailable, we shall immediately inform you of this in the order confirmation. You have the right to terminate the contract if there is a delivery delay of more than two weeks. In this case, we shall reimburse you for any payments already made. We will use the same method of payment that you used in the original transaction for repayment, unless expressly agreed otherwise.

5.3 Products will only be sold in typical household quantities. Sales will only be made to private consumers who are at least 18 years of age and legally competent, and who have their regular residence as well as a delivery and billing address in Metropolitan France. We are not shipping to DOM-TOM.


6. Prices and payments

6.1 The prices quoted at the time of the order will apply to orders in our online shop. The prices quoted are retail prices in euros and include the applicable value-added tax.

6.2 The shipping costs to be paid by you are provided in the shopping cart in the order summary before your order is shipped. 

6.3 Items are paid for using the payment methods shown in the order process (credit card and PayPal) under the conditions specified there. 

6.4 When paying by credit card, we charge the amount to your credit card when the items are shipped.

6.5 Installment payments are not possible. 

6.6 For the reimbursement, we use the same method of payment which you indicated when processing the initial transaction, unless explicitly otherwise agreed.

6.7 The right to offset is only available if your counterclaims have been legally determined, or if they are recognized and undisputed by us. You are only authorized to exercise a lien to the extent that a counterclaim is based on the same contractual relationship.


7. Delivery and retention of title

7.1 Unless otherwise agreed, delivery is made from our distribution center in Neckarsulm (Germany) to the delivery address provided by the Customer. Deliveries are available within Metropolitan France only.

7.2 Deliveries are made via La Poste standard shipping. Unless otherwise specified, items are received by the Customer approximately 3-5 days after placing an order. Please note that personalized products might take 1 or 2 days longer to ship. Victorinox will do its best to meet the published delivery times, however, is not liable for any changes. Delivery time may change without prior notice. Please note that Victorinox cannot offer an express delivery service for personalized products.

7.3 The delivery times provided are only intended as a point of reference and are therefore considered to be approximations only. Disruptions that are not caused by us or any of the companies that we have contracted (such as logistics companies for performance of the contract) as well as force majeure may further delay the delivery. We will inform you of these types of delivery disruptions as soon as we become aware of them.

7.4 The delivered goods remain the property of Victorinox Retail AG until full payment has been made. Victorinox Retail AG remains entitled at any time to enter or have entered its retention of title into the designated official register.

8. Redeeming promotional coupons

8.1 Promotional coupons are coupons that we hand out at certain promotional events and that have a specific period of validity. You are unable to purchase these coupons. The following conditions as well as those on the respective promotional coupons apply.

8.2 Promotional coupons are only valid during the period specified in each case and can only be redeemed once and only before completion of the order process. Promotional coupons may not be used in combination with one another (and not with different promotional coupons). Individual products may be excluded from the coupon promotion.

8.3 The required minimum order is always mentioned in connection with the coupon. If the minimum order value is no longer met because items are subsequently returned, we then reserve the right to void the coupon.

8.4 If the value of the promotional coupon is insufficient for the order, then the difference can be paid using the payment options we offer.

8.5 If you exercise your right to return your items, then the reduced purchase price will be refunded. There is no right to a reimbursement or replacement of the coupon.

8.6 The value of the coupon will neither be paid in cash nor bear interest. No remaining credit balance will be refunded.


9. Right of withdrawal

9.1 You have the right to cancel the contract within 14 days without giving any reason. 

9.2 The cancellation period is 14 days from the day on which you or a third party that you have designated (other than the carrier) has taken possession of the items. 

9.3 To exercise your right of cancellation, you must inform Victorinox Retail AG, c/o PVS Fulfillment-Service GmbH, Werner-Haas-Strasse 5, 74172 Neckarsulm, Tel +33 1 87 21 06 46, Email: service.online.fr@victorinox.com, using a clear statement (such as a letter sent by post, fax or email) about your decision to withdraw from this contract.  

9.4 To ensure compliance with the cancellation period, it is sufficient to send your notice regarding exercising the right of cancellation before the cancellation period expires. 

9.5 Consequences of the cancellation: If you cancel from this contract, then we will reimburse all payments that we have received from you, including the costs of shipping (with the exception of any additional costs arising from the fact that you have selected a different method of delivery than the least expensive standard shipping we offer), without delay and no later than 14 days from the day we receive the notice of cancellation of this contract. We will use the same method of payment that you used in the original transaction for repayment, unless you expressly agreed otherwise. You will never be charged fees for this repayment. We may withhold reimbursement until we have received the returned items, or until you provide proof that you have returned the items, whichever is sooner. You must return the items without delay, and in any case no later than 14 days from the day on which you notified us of the cancellation. 

Please send returns to:
Victorinox Retail AG, c/o PVS Fulfillment-Service GmbH, Werner-Haas-Strasse 5, 74172 Neckarsulm (Germany).

9.6 Cancellation, Withdrawal, Exchange and Return of personalized products: Please note that individualized orders may not be cancelled. As soon as you place your order, Victorinox starts the production and therefore cannot accept any changes or cancellation. The right of withdrawal does not apply to the delivery of goods that are made according to the customer specifications or are clearly tailored to the personal needs of the customer. In addition the right of return does not apply to configurated and personalized items except for manufacturing defects, deficiencies, damage from transport or any other error caused by Victorinox. In such cases, we will happily send you a correct product free of charge.

9.7 The withdrawal period is met, if you send back the items before the 14-day period expires. We bear the costs of returning the goods.

9.8 You are only liable for diminished value of the goods, if such diminished value is caused by an act which was not necessary for verifying the quality, characteristics and functionality of the goods.

End of the instructions for cancellation


10. Returns


10.1 You can return any item ordered from the online shop free of charge within 14 days of receipt. Use the provided return form enclosed in the package. Please keep the return receipt. Returned items must be accompanied by the original labels and closures. The items must be in their original packaging and in a condition usually expected after you have inspected and tried the product. We will be unable to resell any return items with a strong odor or other signs of use. We reserve the right to assert claims for compensation in such cases.

10.2 A fragrance sample is sent with each fragrance, so you can test the fragrance without opening the original packaging. If you do not like the fragrance sample, then you can return the unopened fragrance in the intact original packaging. Products that have been used will not be accepted for return.

10.3 Unfortunately, items that have been ordered online cannot be returned to a Victorinox retail store or at other points of sale.


11. Damage during transport

11.1. If goods are delivered with obvious damage from transport, then we ask you to immediately file a complaint with the delivery agent and to contact us as soon as possible.

11.2 Failure to file a complaint or to contact us has no consequences for your legal warranty rights, but it helps us to be able to file our own claims against the freight carrier or the transport insurance company.


12. Rights arising from defects and warranty

12.1 In the event that defective goods are delivered, the applicable statutory warranty rights are available to you.

12.2 A guarantee only exists for delivered goods if this has been explicitly stated in the respective product’s order confirmation.

You have a period of two years from the delivery of the Product to bring a claim on the ground of the legal guarantee of conformity.

In this case, you will be able to choose between the repair or the replacement of the Product, subject to the conditions of cost provided for by article L.217-9 of the Consumer Code.

For contracts concluded on or after March 18, 2016, you are not required to report a proof of the non-conformity of the Product during the twenty-four (24) months following the delivery of the Product. For contracts previously entered into, the default is assumed for six (6) months.

As a reminder, note that the legal conformity guarantee applies independently of the possible commercial guarantee that could be granted to you.

In addition, you may decide to act on the basis of hidden defects guarantee for the Product sold within the meaning of article 1641 of the Civil Code. In this case, you will be able to choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

12.3 Complaints and warranty claims can be submitted to the addresses listed under Point 9.

13. Liability

13.1. We may only be held liable to you in case of a breach of our obligations under this contract.

13.2. The provisions of the Product Liability Act remain unaffected.

13.3. Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times with the current technology. Therefore, we are neither liable for the continuous and uninterrupted availability of the online shop, nor for technical and electronic errors beyond our control during an ordering transaction.  

13.4. Links on this Website to other websites are provided solely for your information and better navigation. If links are created to other websites or sources, then we are not responsible or liable for the availability of such external sites or sources. The content accessible on such websites or sources is not our own, and any liability or warranty for this is excluded. 


14. Intellectual Property Rights

14.1. The logo „Cross & Shield“, Victorinox® and Swiss Army® are registered trademarks of our company and our subsidiaries. The company owns other brands, logos, designs, products and information, and all copyrights or other intellectual property rights on this Website or patents related to this Website, which may not be copied, reproduced, posted, transmitted, modified or distributed in any way (electronically or in writing), without first obtaining the written consent of the  holder of such materials or to be legally entitled to this.

14.2. Downloading or printing of materials from this Website does not express or imply the transfer of rights. However, you may download any page of this Website for exclusively personal, non-commercial purposes, provided that you do not remove the references to the copyrights. 

14.3. The copyright of some documents and other materials provided on this Website belong to third parties. These documents and the other materials have been provided on this Website with the permission of the owner of these copyrights. You have to check the references to the copyright of these documents or materials. 

14.4. All rights not granted under these General Terms and Conditions remain reserved by the company. 


15. Customer ratings and reviews


15.1 These Terms of Use in this paragraph govern your conduct associated with the Customer Ratings and Review service offered by Victorinox (the “CRR Service”). In case of any conflict between Victorinox’s Privacy Policy and these Terms of Use, these Terms of Use will take priority with respect to the CRR Service.

15.2 By submitting any content to Victorinox, you represent and warrant that:
• You are the sole author and owner of the intellectual property rights thereto.
• You voluntarily waive all “moral rights” that you may have to such content.
• All content that you post is accurate.
• You are at least 18 years old.
• Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or legal entity.

You further agree and warrant that you will not submit any content:
• that is known by you to be false, inaccurate or misleading;
• that infringes any third-party copyrights, patents, trademarks, trade secrets or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, the prohibition of unfair competition, anti-discrimination or the prohibition of false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, or which expresses racial or religious prejudice, or is offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you have been compensated or granted any consideration by any third party;
• that includes any information that references other websites, addresses, email addresses, contact information or telephone numbers;
• that contains any computer viruses, worms or other potentially harmful computer programs or files.

15.3 You agree to indemnify and hold Victorinox (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

15.4 For any content that you submit, you grant Victorinox a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

15.5 All content that you submit may be used at Victorinox’s sole discretion. Victorinox reserves the right to change, condense or delete any content on the Victorinox Website that Victorinox deems, in its sole discretion, to be incompatible with the content guidelines or any other provision of these Terms of Use. Victorinox does not guarantee that you will have any recourse through Victorinox to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Victorinox reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Victorinox, are responsible for the contents of your submission. None of the content that you submit will be subject to any obligation of confidence on the part of Victorinox, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, representatives and employees.

15.6 We will delete your personal data related to product ratings and reviews if you ask us to do so a internet.support@victorinox.com.


16. Legal notices about our products

Please note that carrying knives in public is subject to special legal provisions and bans in France. It is the customer's obligation to consider and follow local laws and legal provisions.


17. Service hotline

If you have any questions regarding online orders, you can reach us by calling our service number +33 1 87 21 06 46 or via email at service.online.fr@victorinox.com, from Monday through Friday between 8:00 a.m. and 8:00 p.m. and on Saturday between 9:00 a.m. and 12:00 p.m. (Local landline charges apply; mobile telephone charges may vary.)


18. Consumer dispute resolution

18.1 In the event of disputes under consumer protection law, for example, if you are not happy with how we have handled your complaint, you may use the European Commission Online Dispute Resolution platform. You can find this platform and further information here: http://ec.europa.eu/consumers/odr.

18.2. We notify you that we are neither prepared nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.


19. Final provisions

19.1 The contract language is French, even if these General Terms and Conditions are offered in different languages, in particular, in English.

19.2 All disagreements and disputes arising in connection with the Victorinox online shop are subject to the laws and competent jurisdictions of France to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

19.3 If individual terms of this contract are or become invalid, this will not affect the remaining terms of this contract.

Last amendment: May 2018