The general Terms & Conditions (hereinafter “GTC”) apply to all legal transactions concluded on the Site www.swigift.ch (hereinafter referred to as “Site”). This site is managed by the company Swigift Varin (hereinafter “Swigift”).

The general Terms & Conditions and Privacy Policy are protected by copyright. Unless the author has prior written consent, unauthorized uses of these conditions will be pursued.

 

1. Definitions

In the general Terms & Conditions and Privacy Policy, indications starting with a capital letter have the following meanings:

User: means any natural or legal person using the swigift.ch Site, and declaring to be a person aged at least 18 years old with legal personality or, failing that, to hold parental authorization, respectively the consent of the legal representative, allowing him to order on the Site.

Partner(s): refers to any retailer in partnership with the company Swigift Varin, having its products through the Swigift.ch Site

Site: refers to the swigift.ch website

Product(s): refers to the products proposed and described at the time of consultation and/or ordering on the Site.

Service(s): refers to the services proposed and described at the time of consultation and/or ordering on the Site.

Working days: correspond to weekdays, excluding weekends and public holidays officially recognized by the cantonal legislation applicable to Swigift headquarters.

2. Fields of application of the general Terms & Conditions

The Swigift website is a distribution company proposing gift boxes. The use of the Site, the Products and Services, as well as intermediary services are governed exclusively by these general Terms & Conditions (hereinafter “GTC”).

The purpose of these General Terms and Conditions is to govern orders placed by the User on the Site. The User undertakes to respect these General Terms and Conditions.

Registration and/or placing an order on the Site expressly implies full acceptance of these General Terms and Conditions by the User. These General Terms and Conditions prevail over any other specific or general conditions not expressly approved by Swigift.

Swigift reserves the right to modify its GTC at any time. In this case, the applicable General Terms and Conditions will be those in force on the date of registration and/or order by the User. If the User has already read the General Terms and Conditions during registration, and new general conditions are subsequently introduced by Swigift, the latter will prevail. The General Terms and Conditions can be consulted on the Site at any time by the User.

3. Access and registration to services

3.1 Use of our services

In order to use the Services, you must have access to the internet. Any corresponding connection, subscription and usage fees are at the sole expense of the User. The User must have all the necessary equipment. The User must also have the software and settings necessary for the proper functioning of the Services.

3.2 Registration and account creation

Most Services require registration and account creation. The registration procedure is described on the Site. At the end of the procedure, the User receives a registration confirmation email. The User is responsible for maintaining the confidential nature of his email address and password, and for any action that may be taken related to this account and its data. The User undertakes to immediately inform Swigift, in writing (via the contact page on the Site), of any unauthorized use of his account and/or password and/or any security breach. Swigift cannot be held responsible for any loss or damage arising in the event of a breach of obligations.

3.3 Promotional offers

The user undertakes to take advantage of promotional offers (discount codes, etc.) and/or participate in games/competitions proposed by Swigift, fairly and in good faith. The user must respect the conditions of use of promotional offers and/or participation in games/competitions indicated when mentioning the promotional offer or game/competition, or in the rules of the latter. In the event of fraudulent dissemination of promotional offers by a third party outside the partnership (discount site, cashback, social networks, etc.), Swigift has the right to refuse orders.

4. Services

4.1 The product

Swigift markets its gift boxes containing:

-A gift voucher that the User chooses from among the Partners proposed on the Site.

-A card that the User will have personalized when ordering.

-An envelope in which the personalized card will be inserted.

-A card holder included.

The User is informed that the Products presented on the Site may differ from reality. The purchase contract between Swigift, its Partners and the User takes effect when the User confirms their order online.

4.2 Gift voucher

The validity date of a gift voucher begins on the day it is shipped by the distributor. The period of validity of the Partner’s gift voucher is specified on the Site at the time of the order and can also be mentioned by the Partner on the gift voucher.

During the period of validity, the gift voucher gives the recipient the right to use it with the Partner concerned. However, it is recommended that the recipient of the gift voucher checks this information directly with the Partner.

For the use of the voucher, the general terms and conditions of the Partner shall prevail. The Partners proposed on the Website are responsible for the functionality of the gift vouchers throughout their period of validity. Swigift shall not be liable in any way if the validity period of the voucher is expired.

Gift vouchers are not exchangeable. The value of the gift voucher may not be reimbursed.

4.3 Card

During the ordering stage, the User will be able to personalize their card using the different options and tools proposed on the Site. The card is 10x15cm in size and made from quality semi-glossy photo paper. From the moment the User confirms their order online, modification of the photo is no longer possible. Only the User is responsible and undertakes to respect these General Terms and Conditions.

Unless otherwise noted, printing is carried out by Swigift, which can also apply margins to guarantee optimal printing.

4.4 Envelope

During the ordering stage, different colors of envelopes are proposed by Swigift. The personalized card will be inserted there.

4.5 Card holder

A wooden holder for the card, created by Swigift, is included in the gift box. The User cannot claim the resale of the product, modified or not, nor an exchange in cash.

4.6 Gift box

The gift box is designed by the company Swigift and its various suppliers. It contains the products mentioned in article 4. The gift box also serves as a shipping box, thanks to its solidity and its adhesive strip.

5. Price

5.1 Currency

All prices are indicated in CHF (Swiss francs).

5.2 Prices and Rates

The price is due when ordering. The current prices are those displayed on the Site. Prices are expressed all taxes included. Swigift reserves the right to modify its prices at any time, it being understood, however, that the price appearing on the site on the day of order validation will be the only one applicable to the User. Swigift reserves the right to make obvious pricing errors and changes.

5.3 Gift voucher price

The User can, depending on the Partner’s services, choose the value of the voucher. The amount chosen will correspond to that which will be loaded on the voucher. Example: With a gift voucher ordered by the User in the amount of 100.00 CHF, the recipient will receive the gift voucher worth 100.00 CHF.

5.4 Price packaging

The packaging costs are 8.00 CHF. This price includes a gift box, also used as a shipping box, a quality wooden support for the card, a card personalized with a colored envelope of your choice. Also includes delivery by A Post.

5.5 Final prices

When placing the final order for each gift box, the User must pay the amount of the gift voucher, as well as packaging costs of 8.00 CHF. Example: With a gift voucher ordered by the User in the amount of 100.00 CHF, the User will pay 108.00 CHF when finalizing the order. Additional options may be proposed on the Site, however remaining the responsibility of the User.

6. Validation of orders and final render

6.1 Obligation to place an order

The User who wishes to order on the Site must identify himself and/or register on the Site by completing the required mandatory fields. He must also validate his order, accept the General Terms and Conditions and make payment under the conditions provided.

6.2 Confirmation of the order

Any order received by Swigift is deemed firm and final and constitutes an order upon validation of the order. The confirmation of the order is almost simultaneous from the validation of the transaction by the secure online payment methods available on the Site. Validation of the order constitutes the User’s agreement on the characteristics of the sale (price, quantity, nature and format of the Products and Services, addresses).

• The User is required to check his order before validating it. Swigift declines all responsibility in the event of errors or omissions on the part of the User.
• No modification or cancellation of an order can take place from this validation.
• The User is informed and acknowledges accepting that the deadlines run only from validation of the order subject to full payment of the price of the order by the User.

6.3 Checking the final render

Verifying the final render of any images and other content downloaded, as well as the customization made to the product in general, is the entire responsibility of the User. It is up to the User to ensure the quality of their photos and images as well as the final render of the Products ordered according to the format chosen but also their resolution. Swigift does not undertake any retouching or modification services for photos and/or images provided by the User.

6.4 Proof of orders/archiving

The recorded data, validated by the order confirmation email, constitutes proof of all past transactions. The data recorded by the secure payment system constitutes proof of financial transactions. The User must ensure that they are carefully stored for all purposes. Unless there is a manifest error for which the User provides proof, the data stored in Swigift’s databases has probative force regarding orders placed.

7. Respect for content

The User is reminded that personalized creations transmitted as part of the Products and Services are entirely their responsibility. The User acknowledges being informed that if Swigift is alerted by a third party or by any means whatsoever, of the illicit nature of content transmitted via the Services, Swigift will hand over said content to the authorities responsible for enforcing the law, who will treat them accordingly. Swigift then reserves the right, after being contacted by a judicial authority, to terminate access to the Services of the User issuing the contentious content.

7.1 Parents

Parents are invited to monitor the use made of the Products and Services by their minor children. The files stored, used and transmitted as part of the Services are the sole responsibility of the User.

7.2 Interdiction

The User is prohibited from using, storing, downloading or sending any prohibited, illicit, illegal data, contrary to good morals, decency, or public order and infringing or likely to infringe the rights of third parties. . Swigift cannot be held responsible for the illegal nature of photos and/or messages with regard to the laws and regulations in force. The User is therefore prohibited from using, storing, downloading or transmitting any photo and/or message which could constitute incitement to commit crimes or offenses, invasion of privacy, as well as any file intended to exhibit prohibited objects and/or works, this list being not exhaustive.

7.3 Laws and regulations

The User undertakes to comply with all laws and regulations in force concerning the prohibition of the dissemination of pornographic, obscene images or those likely to seriously harm human dignity.

7.4 Declaration

The User declares to be the legal owner of all photos and files used in the context of the Products and Services and that they are free of all rights. The User may not save or transmit files that infringe the property rights of other people, such as texts, images, trade secrets, internal or confidential information, this list not being exhaustive.

7.5 Agreement

The User may not record or transmit photos and/or information that reveal the private or personal affairs of any person without their express prior consent. The User undertakes to ensure that each person represented has given their consent for the use and dissemination of their image.

7.6 Content

The content made available to the User is protected by the legal and regulatory provisions in force in Switzerland at the time of the order. Any total or partial reproduction must first be subject to prior written agreement from the publishers of each content proposed.

8. Payments

Payments are made only by the payment methods proposed on the Site.

8.1 Online transaction

Each transaction is authorized online by the responsible credit card company. The credit card account is debited when the order is finalized.

8.2 Payment by bank card and credit cards

Regarding payments by bank card, credit card details are encrypted using the SSL protocol and never pass unencrypted over the network. Payment is made directly to the bank. The order validated by the User is only considered effective when the bank payment centers concerned have given their agreement. 

8.3 Paypal payment method

To benefit from the Paypal payment method, the User must have an account with the PayPal company. In the event of payment by PayPal, the general conditions of use of Paypal apply, to be consulted on their website. In the event of cancellation of a deferred payment following a request from the User without valid reason, Swigift reserves the right to cancel the order or request payment for the order from the User. Paypal complaints and disputes will be settled according to the Paypal procedure in force.

8.4 Refusal

In the event of refusal by said centers, the order is automatically canceled.

9. Default of payment

In the event of non-payment, the User shall not be entitled to assert any right of ownership over the order or to demand compliance with any time limit. Swigift reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.

10. Delivery

10.1 Delivery country

Delivery of the Products is planned in Switzerland.

10.2 Delivery address

Orders will be delivered to the destination address indicated by the User when ordering. The products may be shipped throughout Switzerland, depending on logistical constraints. Any error or omission in the delivery address provided by the User and leading to the failure of the order to be sent will be financially assumed by the User subject to the provisions of these General Terms and Conditions.

10.3 Delivery times

10.3.1 Shipping method

Shipping method A is included in the order. Additional delivery options may be proposed on the Site, however remaining the responsibility of the User.

Orders placed before 4 p.m. Monday to Friday (excluding public holidays) can be shipped the same day. Delivery will be made by Swiss Post on the next working day, including Saturdays. However, the timing of distribution may vary depending on national or regional holidays. A delivery date chosen outside of distribution days will be postponed to the next working day.  Swigift declines all responsibility in the event of late delivery. The User is advised to anticipate holiday periods and find out about possible public holidays and others.

10.3.2 Delivery delays

If the delivery deadline is exceeded, Swigift will not be able to offer compensation, cancellation or refund of the current order. If the delay is caused by the User, the recipient or a third party, or if it is due to force majeure. Swigift cannot be held responsible. Cases of force majeure include in particular delays, disruptions or strikes in delivery services, means of transport and/or communication, or computer failures. The list is not exhaustive.

10.3.3 Distribution/delivery of Products

Delivery is ensured by the Post. Upon shipping of the package, the User is entirely responsible for delivering the package to the recipient. In the case of a delivery notice, the recipient must go to the post office with an identity document. In the event of loss or theft of packages, Swigift cannot be held responsible. In the event of an incomplete address, wrong address, refusal of the package by the recipient or lack of information resulting in the impossibility of delivering the product to the recipient on time, Swigift cannot be held responsible for the final quality. of this delivery. If this lack of information results in a second presentation to the recipient, Swigift will be entitled to ask the customer for the costs corresponding to this second delivery.

11. Complaints

If, despite all the attention that Swigift devotes to meeting the expectations of its Users, the Products which are delivered do not meet the legitimate expectations of quality and service for which Swigift has not explicitly defined exclusions as to its liability in under these General Terms and Conditions, the User may submit a complaint via the contact address.

11.2 Complaint about personalization

Swigift cannot favorably accept any complaint relating to the personalization elements freely added to the items customizable by the User or to the delivery address specified by the User.

11.3 Contact for complaints

The User must present any justified complaint, by email, specifying the order number, the reason for their complaint and the evidence (photograph, video for example in the event of a qualitative problem, etc.). A justified complaint will result in contact with Swigift.

12. Right of return

The User is informed that, in accordance with the mandatory legal and/or regulatory provisions applicable and in force, he will not be able to benefit from a right of return or an exchange.

13. Responsabilities 

13.1 Use of services

The Services are reserved for strictly private use unless expressly agreed by Swigift. The User therefore undertakes to only send files of amateur photo work, by definition without commercial value, and therefore not intended for commercial or lucrative purposes unless expressly agreed by Swigift.

13.2 Harm

Swigift cannot be held responsible for any indirect damage that the user may suffer when providing the Products or using the Services.

13.3 Non-compliance with the General Terms and Conditions

The User undertakes to reimburse and/or indemnify Swigift for any request, claim or conviction to which Swigift may be subject, following non-compliance with these General Terms and Conditions and/or messages transmitted via the Products and Services. Swigift reserves the right, at any time, to modify or interrupt temporarily or permanently all or part of the Products and Services without having to inform Users in advance and or to close their user accounts. Swigift cannot be held liable against Users or against any third party for any modification, suspension or interruption of the Services.

14. Saving Clause

If certain provisions of these General Terms and Conditions are totally or partially void and/or obsolete, the validity and/or effectiveness of the remaining provisions or parts of such remaining provisions remain intact. Invalid and/or ineffective provisions will be replaced by those which, in the most legally and economically efficient manner, most closely follow the meaning and purpose of the invalid and/or ineffective provisions. The same goes for possible gaps in the regulations.

15. Closure of account

The User can close his account at any time. In this context, all data relating to this account will be deleted as soon as possible. Furthermore, Swigift reserves the right to close any account of a User who does not comply with the provisions of these General Terms and Conditions, without compensation or notice.

16. Applicable law and legal jurisdiction

Any dispute with Swigift in connection with these GTC shall be governed by Swiss law. In the event of contradiction, only the French version of these General Terms and Conditions shall prevail. Swiss law shall apply exclusively.

In the event of a legal obligation or violation of these General Terms and Conditions, Swigift reserves the right to disclose the User’s personal data,

The place of juridisdiction is in Delémont, Jura. Swigift is entitled to submit a request at the User’s place of residence.