General terms and conditions

  • FROM MAY 1, 2021
  • BY ORDERING ANY OF THE ITEMS DESCRIBED IN THESE TERMS AND CONDITIONS (HEREINAFTER, "CG"), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. DO NOT ORDER ANY OF OUR PRODUCTS IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, WHICH CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU (HEREINAFTER REFERRED TO AS THE "CUSTOMER") AND US "CLIENT or "YOU) AND WE, PETER SAXER & CIE SA (HEREINAFTER, "DRAKE STORE or "WE).
  • 1. DEFINITIONS
    • 1.1Customer: an individual or legal entity who places an order for an item on the site.
    • 1.2Order: act of purchasing an item on the site.
    • 1.3Access Rights: this is specific metadata describing Users' read, write and execute rights on the Site.
    • 1.4Working days: means any day other than a Saturday or Sunday or a public holiday in Switzerland.
    • 1.5Site: drakestore.ch
    • 1.6User: an individual accessing the Site.
  • 2. RIGHTS ON THE SITE
    • 2.1Drake Store owns all rights to the Site, including the software (in source and object format), algorithms, user interface, architecture and documentation (printed and electronic), network design, know-how and trade secrets, including modifications, improvements and derivative works.
    • 2.2Drake Store has the right, at any time, to modify its operating procedures immediately.
    • 2.3Under no circumstances do these GTC constitute a grant of license or property rights in the Site or in the technology developed by Drake Store.
    • 2.4Drake Store is authorized to subcontract services or areas of activity in whole or in part to third parties.
  • 3. USE OF THE SITE
    • 3.1Drake Store may, at its sole discretion, at any time and without notice, terminate the rights of the Customer and/or the User concerning the ordering of items on the Site.
  • 4. RIGHT OF ACCESS
    • 4.1The site is open to all ages.
    • 4.2Drake Store may suspend access to the Customer and/or User, in particular for the following reasons :
      • 4.2.1unauthorized persons and/or fraudulent and/or illegal and/or disruptive use has been made of the Site ;
      • 4.2.2complete or partial technical disruption of the Site, and/or ;
      • 4.2.3in the event of a material breach of the Customer's and/or User's obligations under the GTC.
  • 5. ACCESS FROM ABROAD
    • 5.1The consultation and/or ordering of items offered on the Site may be prohibited in certain countries, in accordance with the law of that country. The Site in no way constitutes an invitation or incitement to enter into a contract with Drake Store. It is the Customer's and/or User's responsibility to ensure that consulting and/or ordering from the Site is not prohibited by the laws of the country in which he/she is established and/or the country from which he/she consults and/or uses the Site. Drake Store shall not be held liable for any breach by the Customer and/or User.
  • 6. LEGITIMIZATION AND IDENTITY VERIFICATION
    • 6.1The Customer and/or User undertakes to take all necessary security measures to reduce the risk of fraud and/or piracy.
    • 6.2Drake Store will verify the identity of the Customer and/or User with the due diligence required by the circumstances and expected of a regulated company.
    • 6.3Drake Store will not be held liable for any lack of legitimacy and/or identity theft, except in the case of gross negligence.
    • 6.4The Customer and/or User is responsible for his/her connection. The same applies to passwords and/or other security features associated in particular with the Customer's and/or User's secure access. If the Customer and/or User has any knowledge or suspicion that any of these security features have been stolen and/or misappropriated and/or used without authorization and/or otherwise compromised, then the Customer and/or User must immediately contact Drake Store. It is the customer's responsibility to check that their personal details (email address, surname, first name) are correct. Drake Store declines all responsibility for undelivered information resulting from an e-mail address supplied incorrectly by a Customer.
  • 7. CLOSING THE SALE
    • 7.1Once you have placed your order, Drake Store will send you an email notification of order receipt. This notification does not signify conclusion of the sale.
    • 7.2A subsequent email notification will confirm that the order has been placed. This notification signifies the conclusion of the sale.
  • 8. PRICES AND PAYMENTS
    • 8.1Prices shown on the Site are in Swiss francs (CHF), including VAT (CHE-107.976.078).
    • 8.2Drake Store reserves the right to modify prices at any time.
    • 8.3Shipping costs are not included in the prices shown.
    • 8.4When a price displayed on the Site is incorrect, we will notify you as soon as possible. You will then have the choice of confirming your order with the new price or cancelling it. If we are unable to Drake Store to contact the Customer, the order will be considered as cancelled and you will be reimbursed as soon as possible.
    • 8.5In principle, prices in store and on the Site are identical for the same item, except in the case of special offers.
    • 8.6It is the Customer's responsibility to forward payment for the item(s) ordered
    • 8.7Drake Store accepts the following payment methods: Visa, Visa Electron, VPay, Maestro, Mastercard, Diners Club, Union Pay, Twint, American Express, PayPal, Apple Pay by bank prepayment as well as payment in instalments via Heidi Pay.
    • 8.8The payment process is carried out by Six Payment Services SA, Swisscard AECS GmbH, PayPal or Heidi Pay.
    • 8.9Drake Store will report any suspicious transaction to the appropriate authority and reserves the right to cancel a payment and/or suspend and/or close the Customer's account.
  • 9. SHIPPING AND RETURNS
    • 9.1Shipping costs are not charged to the customer for orders with a delivery address in Switzerland.
    • 9.2For orders with a delivery address outside France, shipping costs may be invoiced in addition by Drake Store. Customs and VAT/foreign import charges are borne exclusively by the Customer.
    • 9.3As a general rule, items ordered are delivered within 7 working days of receipt of payment in Switzerland. This period is purely indicative and non-binding for us, and no claim for damages due to delay may be raised by the Customer.
    • 9.4It is the customer's responsibility to check the contents of the package containing the order immediately upon receipt. For ready-to-wear, all our sizes are standard (EU), please refer to our size guide.
    • 9.5You can return unworn items to us within 14 working days from the date of delivery, as indicated on the invoice enclosed in your parcel, together with all labels, tags and original packaging. Additional time may be granted for orders delivered abroad, depending on the Post Office's delivery tracking system. Please note that cosmetics (make-up, perfume, etc.), underwear and/or Wolford branded items cannot be returned or exchanged.

    • Return conditions :

      Items must be returned in their original, unworn condition, with all labels intact, and with the return slip and invoice printed.

    • The cost of returning an order by post is borne by the customer.
    • Returned parcels should be addressed to :
      Peter Saxer & Cie SA
      Rue Pécolat 5
      1201 Geneva
    • 9.6In-store returns are also possible under the same conditions as postal returns. There is no charge for in-store returns. Returns are possible in the following stores:
      - Rue du Rhône 100, 1204 Geneva ;
    • 9.7If one of the tags affixed to the merchandise is broken, torn, missing or generally damaged, it will be impossible to return it, either in store or by post. Drake Store will not be reimbursed, and any shipping costs incurred by the Customer will be borne by the Customer. In addition, the Customer shall bear the cost of any return shipment incurred by Drake Store broken, torn, missing or generally deteriorated goods.
    • 9.8In case of return to store or return of order by post, Drake Store remains free to cancel the order or refuse the return item if we consider that the return criteria have not been met.
    • 9.9Discounted and discounted items are subject to the same shipping and returns policy as other items.
    • 9.10In the event of damaged or open parcels, claims must be made directly to the carrier. No claim can be made against us in this respect.
  • 10. SET-OFF AND RETENTION OF TITLE
    • 10.1Drake Store reserves the right to claim compensation from the Customer if the contractual relationship between the Parties is terminated and Drake Store holds receivables due and payable.
    • 10.2We retain ownership of the items ordered and shipped until payment has been received in full. Drake Store reserves the right to record any reservation of ownership in the appropriate registers if necessary.
  • 11. EXCLUSION OF LIABILITY
    • 11.1Drake Store cannot be held responsible for :
      • 11.1.1the availability and/or unavailability of the Site ;
      • 11.1.2any damaged and/or opened and/or lost items arriving at the customer's premises ;
      • 11.1.3any problem related to and/or caused by the Customer's and/or User's computer, including any network and/or Internet access problem ;
      • 11.1.4compliance by the Customer and/or the User with any law, regulation and/or international standard to which the Customer and/or the User may be subject, and/or
      • 11.1.5any damages, expenses or direct and/or indirect costs incurred by the Customer and/or User.
    • 11.2Drake Store shall not be liable to the Customer for non-performance of its obligations arising during any period in which the performance of such obligations has become impracticable or impossible as a result of force majeure.
    • 11.3Likewise, Drake Store shall not be held liable for any inaccuracy, absence and/or lack of relevance and/or unreliability of the Site and/or its content and/or the Articles.
    • 11.4The Customer and/or User acknowledge that they use the Site and order items at their own risk and under their own responsibility.
    • Under no circumstances Drake Store will not be liable for any loss of data or consequential damages.
    • 11.5Under no circumstances Drake Store will not be liable for any loss of data or consequential damages.
    • 11.6Drake Store shall not be liable if the Customer's bank fails to process the payment correctly.
  • 12. COMPENSATION
    • 12.1The Customer and/or User shall preserve Drake Store of any damage.
    • 12.2The Customer and/or User agrees to indemnify Drake Store for all losses Drake Store may suffer as a result of an error on the part of the Customer and/or the User.
  • 13. CUSTOMER SERVICE AND SERVICE LEVELS
    • 13.1Business days and hours are available in the footer of the Site. Drake Store cannot be held responsible for any delay attributable to a late order on the part of the Customer and/or User.
    • 13.2All telephone conversations between the Customer and/or User and Drake Store can be recorded by Drake Store and Drake Store may also maintain email records. The Customer and/or User hereby accepts that Drake Store may use these telephone recordings and/or transcripts or electronic recordings for training and/or quality control and/or to resolve disputes. However Drake Store will not be able to make said recordings available to the Customer and/or the User.
    • 13.3As part of its planned maintenance, Drake Store may suspend access to the Site in order to carry out IT maintenance.
    • 13.4In the event of a defective item, the customer must immediately notify the customer service department of Drake Store (contact@drakestore.ch) which will offer, at its discretion, either a refund, an exchange or a price reduction.
  • 14. ENTRY INTO FORCE, DURATION, MODIFICATION AND TERMINATION
    • 14.1These GTC come into force immediately and are valid for an indefinite period.
    • 14.2Drake Store reserves the right to modify the terms and conditions at any time. Any modification will be announced by e-mail to the Customer and will be considered approved without objection from the Customer within 30 days if, within this period, no statement of objection is issued by the Customer.
    • 14.3Termination of commercial relations between Drake Store and the customer has the following effects:
      • 14.3.1cessation of use by the Customer and/or User of the Site, and
      • 14.3.2all payment obligations of the Customer towards Drake Store become immediately due and payable.
  • 15. GENERAL CLAUSES
    • 15.1In the event that any provision or part of a provision is held to be invalid, illegal or ineffective under applicable law, the remaining provisions shall remain valid and effective.
    • 15.2The failure of a Party to require compliance with or performance of any provision shall not in any way imply that such Party has waived the benefit of such provision, nor shall it affect the validity in whole or in part of the remaining provisions or the right of the Parties to require performance of each such provision.
  • 16. APPLICABLE LAW AND JURISDICTION
    • 16.1These GTC are governed by Swiss law.
    • 16.2Any dispute arising out of or in connection with these GTC shall be submitted to the courts of the Canton of Geneva, Switzerland
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