The products and services available for sale are offered by the company Connect41 SA located at Rue des Planchettes 1a, 2900 Porrentruy (Switzerland) By buyer we mean any person who places an order or directly purchases products and services from our company.
The present provisions determine the general conditions fixed by the company Connect41 SA for the products offered for sale on the website www.connect41.ch. The company Connect41 SA is hereafter referred to as “Connect41” or “the seller”. Any order addressed to Connect41 necessarily implies as an essential and determining condition the unreserved acceptance of the present General Conditions of Sale by the buyer.
2) Modification of the General Conditions of Sale
The seller reserves the right to modify its general sales conditions at any time. The general conditions of sale applicable are those in force at the date of the order or sale.
3) Prices and characteristics
The prices of the products are fixed online or by estimate according to the quantities and the options of personalization requested by the customer. Unless otherwise specified, the quote is deemed accepted upon validation of the order and payment. Once the payment is made, the conditions of sale are deemed accepted by the buyer. The prices are expressed in Swiss francs and include all taxes and delivery charges. The selling price of the products is the one in force
at the day of the sale or of the order. Delivery costs are calculated according to the weight of the package and the rates applied by the carrier chosen for a simple, tracked or registered shipment according to the choice of the buyer at the time of the order.
The contractual products are available directly for purchase or in order. Any order will be considered complete once the seller has made full payment of the order. Any order from the buyer is firm and final. A confirmation of the taking into account of the order will then be addressed to the purchaser by email. Notwithstanding any written proof or proof kept on another durable medium to which the buyer has access, it is agreed that the registers
kept in the computerized systems of Connect41 constitute proof of the communications, the content of the orders and all the transactions between the parties. Any partial or total cancellation of an order by the buyer without prior written consent by Connect41 will be charged in full regardless of the cause of the cancellation.
5) Availability of stocks
The products are delivered within the limits of available stocks. In case of unavailability of the ordered product, Connect41 will immediately inform the buyer and may offer him a product of an equivalent quality and price or, failing that, a credit note valid for a future order. In case of disagreement of the buyer, the seller proceeds to the reimbursement of the sums paid within seven working days. Apart from the reimbursement of the price of the unavailable product, the
seller is not liable for any cancellation indemnity.
1) Direct purchase
The products ordered on our website are payable at the time of order.
2) Order of more than 5 items
For any order of more than 5 items, a deposit of 50% will be required, the balance will be due within 10 days of the invoice date. The order will be considered complete once payment is received in full.
3) Generalities regarding payment
Payment can be made electronically via the proposed payment methods. Connect41 SA reserves the right to refuse any order from a buyer with whom there is a present or past dispute. Any dispute concerning the invoicing must be formulated in writing within 5 working days from the receipt of the invoice by the buyer, under penalty of inadmissibility.
7) Default of payment
Failure to pay a single invoice by its due date will result in the immediate payment of all sums due by the buyer and not yet due. In the event of late payment, a late payment penalty at the rate of 10% per annum is due.
The buyer will have to reimburse all the expenses caused by the contentious recovery of the sums due.
Delivery is made in accordance with the order either by direct handover of the product to the buyer or by delivery to a shipper or carrier in the seller’s premises. In the latter case, the delivery costs will be borne by the buyer.
We commit ourselves to deliver the goods within a maximum of 45 days from the date of the complete order. The shipment of the goods on behalf of the buyer will be carried out according to the means of transport judged the most suitable by Connect41 without this being able to engage its responsibility. The chosen means of transport will be communicated to the buyer.
9) Retention of title and risk clause
The property of the goods will be transferred to the buyer after full payment of their price and its accessories. In this case, the risks will be transferred to the buyer from the moment the products are handed over to the carrier or collected from the seller. In case of damage or loss of the goods sold, subject to the retention of title clause, and which remain unpaid, Connect41 will be entitled to claim from the buyer or his insurer the benefit of the insurance indemnity paid.
A guarantee is granted to the buyer for a period of one year from the date of delivery of the products. This guarantee covers only the technical malfunctions of the products. In no case will it cover breakage, loss, deterioration of the products or their normal wear and tear. Under this warranty, the only obligation incumbent on the seller will be, at its option, the free replacement or repair of the product or the element recognized as defective by its services,
unless this method of compensation proves impossible or disproportionate. In order to benefit from the warranty, any product must first be submitted to the seller’s after-sales service, whose agreement is essential for any replacement. The possible shipping costs are at the expense of the buyer who will not be able to claim any compensation in case of immobilization of the good because of the application of the guarantee.
11) Limitation of liability and force majeure
The maximum amount of compensation that Connect41 may pay shall not exceed the total amount (excluding taxes) invoiced to the buyer for the order that caused the damage, except in the case of personal injury. The total or partial impossibility to use our products, in particular because of a problem of compatibility or access to Internet, cannot give place to any compensation or refund or questioning of our responsibility. Connect41 or the buyer cannot be held responsible if the non-performance or the delay in the performance of one of the obligations described in the present general terms of sale results from a case of force majeure. Force majeure is understood to include events of a climatic, bacteriological, military, political, computer or pandemic nature, such as tornadoes, floods, hurricanes, earthquakes, volcanic eruptions, the spread of a bacterial infection, the use of weapons of any kind by a state or terrorist group that disrupt the continuity of commercial relations, nationwide social unrest, a decision by a government to put an end to the use of weapons of any kind, or a decision by a government to suspend the use of weapons of any kind.
decision of a government to establish a maritime, air and/or land blockade. The Party wishing to invoke force majeure must notify the other Party by registered letter, explain the impact of the event on its ability to fulfill its obligations and provide proof of the existence of force majeure, in particular by means of decisions from an administrative authority. In the event of the occurrence of such events, the parties shall endeavor in good faith to take all
reasonable steps to continue performance of this order. If the event at the origin of the force majeure becomes final, the contract will be terminated by right. No compensation can then be claimed by either party. If expenses have been incurred for the execution of the present contract, these will remain due by the other party.
12) Intellectual Property
Connect41 retains all industrial and intellectual property rights relating to the Connect41® brand, products, photographs, documentation, techniques which may not be communicated or used without prior authorization:
Any use of the intellectual property rights belonging to Connect41 of any nature whatsoever and in any form whatsoever is prohibited.
13) Resolutive clause
If within 21 working days following the date on which payment is due, the buyer has not paid the remaining sums due, the sale will be canceled ipso jure and may give rise to a claim for damages in favor of Connect41 in addition to the full payment.
14) Personal data
When the buyer places an order, several personal data are processed and stored by Connect41: name, first name, company name, trade register number, postal address, e-mail address, telephone number, invoice, estimate. The personal data communicated to Connect41 by the buyer are intended to ensure the proper execution of the orders, the management of the commercial relations, the improvement of the quality of the products and services offered, the establishment of commercial statistics and/or to allow the buyer to benefit from the offers of the company Connect41. The buyer consents to the use of his data by the above mentioned recipients. The buyer has the right to access, rectify, delete and object to the personal data concerning him/her, which he/she can exercise by writing to the headquarters of Connect41 SA. The company Connect41 SA keeps the invoices, estimates and delivery forms of the buyers for
a period of ten years. The information relating to the buyer’s orders (for example your name, first name, address.) may be transmitted to companies dealing with the proper execution of orders such as companies dealing with logistics, encoding or shipping of your orders. When placing an order, the buyer may be asked to indicate his telephone number. Connect41 SA does not resell your number for telephone canvassing. Connect41 will only use your telephone number to ensure the proper execution of your order or to propose new offers or services.
15) Applicable law
The present general terms and conditions as well as the sales and services they govern are subject to Swiss law. Any dispute concerning the application of these general conditions, their interpretation, their execution their interpretation, their execution and the contracts and sales concluded by Connect41 shall be brought exclusively before the Court of Porrentruy in the Swiss Jura