BY ORDERING ANY OF OUR ITEMS DESCRIBED IN THESE GENERAL TERMS AND CONDITIONS (HEREINAFTER, "GTC"), YOU AGREE TO BE BOUND BY THESE GTC. DO NOT ORDER ANY OF OUR ITEMS IF YOU DO NOT AGREE TO THESE GTC WHICH CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU (ABOVE, "CUSTOMER" or "YOU") AND US, PETER SAXER & CIE SA (ABOVE, "DRAKE STORE" or "WE").
1. DEFINITIONS
1.1Customer: a natural person or legal entity who places an order for an item on the Website.
1.2Order: act of purchasing an item on the Website.
1.3Access Rights: are particular metadata that describe the rights of reading, writing and execution of Users on the Website.
1.4Business Days: means any day other than a Saturday or Sunday or a public holiday in Switzerland.
1.5Webite : drakestore.ch
1.6User: a natural person who accesses the Website.
2. RIGHTS ON THE WEBSITE
2.1Drake Store owns all rights to the Website, 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, enhancements and derivative works.
2.2Drake Store has the right at any time to change its operating procedures immediately.
2.3These GTC do not constitute a grant of any license or ownership rights in the Website or in the technology developed by Drake Store.
2.4Drake Store is permitted to outsource services or areas of business in whole or in part to third parties.
3. USE OF THE WEBSITE
3.1Drake Store may, in its sole discretion, at any time and without notice, terminate Customer's and/or User's rights with respect to ordering items on the Website.
4. RIGHT OF ACCESS
4.1The Website is open to all, without age limit.
4.2Drake Store may suspend access to the Customer and/or User for the following reasons, among others:
4.2.1unauthorized persons and/or fraudulent and/or illegal and/or disruptive use has been made of the Website;
4.2.2complete or partial technical disruption of the Website, 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
5.1Viewing and/or ordering the items offered on the Website may be prohibited in certain countries in accordance with the law of that country. The Website does not constitute an invitation or an incitement to contract with Drake Store. It is the Customer's and/or User's responsibility to ensure that viewing and/or ordering from the Website is not prohibited by the laws of the country in which the Customer and/or User is located and/or the country from which the Customer and/or User is viewing and/or using the Website. Drake Store shall not be liable for any violation of such laws by the Customer and/or the User.
6. LEGITIMIZATION AND VERIFICATION OF IDENTITY
6.1The Customer and/or User agrees 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 under the circumstances and expected of a regulated company.
6.3Drake Store will not be held responsible for any lack of legitimacy and/or impersonation, except in the case of gross negligence.
6.4The Customer and/or User is responsible for his connection. The same applies to passwords and/or other security features associated in particular with the secure access of the Client and/or User. If the Customer and/or the User has knowledge or any suspicion that any of these security elements have been stolen and/or misappropriated and/or used without authorization and/or otherwise compromised, the Customer and/or the User must then immediately contact Drake Store. It is the Customer's responsibility to verify that their personal information (email, surname, first name) is correct. Drake Store accepts no responsibility for undelivered information resulting from an erroneously provided email address by a Customer.
7. CONCLUSION OF THE SALE
7.1Once your order has been placed, Drake Store will send you an email notification of order receipt. This notification does not signify completion 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
8.1The prices displayed on the Website are in Swiss francs (CHF), including VAT (CHE-107.976.078).
8.2Drake Store reserves the right to change prices at any time.
8.3Shipping costs are not included in the prices shown.
8.4When a price posted on the Website is incorrect, we will notify you as soon as possible. You will then have the option of confirming your order with the new price or cancelling it. If Drake Store is unable to contact the Customer, the order will be considered cancelled and you will be refunded as soon as possible.
8.5In principle, the prices in store and on the Website are identical for the same item, except for exceptions such as promotional actions.
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 as well as payment in three instalments with Heidi Pay.
8.8The payment process will be carried out by Six Payment Services AG, PayPal or Heidi Pay.
8.9Drake Store will report any suspicious transactions to the appropriate authority and reserves the right to cancel a payment and/or suspend and/or terminate the Customer's account.
9. SHIPPING AND RETURN OF ORDERS
9.1Shipping costs are not charged to the Customer for any order whose delivery address is in Switzerland.
9.2For orders with an overseas shipping address, Drake Store may charge an additional shipping fee. Any VAT/foreign import charges are borne exclusively by the Customer.
9.3In general, the ordered articles are delivered, in Switzerland, within 5 working days from the reception of the payment. This period is purely indicative and non-binding for us and no claim for damages due to delay could be raised by the Customer.
9.4It is the customer's responsibility to check, upon receipt, the contents of the package containing the order. For ready-to-wear, all our sizes are standard (EU), please refer to our size guide.
9.5</spanYou can return unworn items to us within 14 working days from the invoice date, indicated on the invoice slipped into your package with all labels, tags and original packaging. An additional period may be granted for orders delivered abroad according to the delivery tracking of the Post Office. Please note that cosmetics (makeup, perfume, etc.), underwear and/or Wolford branded items cannot be returned or exchanged. The postage costs in the event of an order return are the responsibility of the Customer. Returned packages should be sent to : Peter Saxer & Cie SA Rue Pécolat 5 1201 Genève
9.6A return to the store of the ordered items is also possible under the same conditions as the return of an order by post. No fees are charged for returns to the store. Returns are possible in the following stores: - Rue du Rhône 100, 1204 Geneva ; - Rue Ami-Lévrier 9, 1201 Geneva ; - Rue des Alpes 13, 1201 Geneva ; - Rue du Bourg 22, 1003 Lausanne.
9.7If one of the tags affixed to the merchandise is broken, torn, missing, or generally deteriorated, any return will be impossible, whether in store or by mail. Drake Store will not proceed to any refund and the possible expenses of routing incurred by the Customer will be the responsibility of the Customer. In addition, the Customer shall bear the cost of reshipping incurred by Drake Store for broken, torn, missing or generally deteriorated merchandise.
9.8In the event of a store return or mail-in order, Drake Store remains free to cancel the order or refuse the return item if we feel that the return criteria are not met.
9.9Discounted and sale items are subject to the same shipping and return policy as other items.
9.10In case of damaged or opened package, the complaints are to be addressed to the carrier directly. No claim against us can be made in this respect.
10. COMPENSATION AND RETENTION OF TITLE
10.1Drake Store reserves the right to set-off against the Customer when the contractual relationship between the Parties is terminated and Drake Store has outstanding claims.
10.2We retain ownership of items ordered and shipped until payment is received in full. Drake Store reserves the right to record any retention of title in the appropriate records if necessary.
11. EXCLUSION OF LIABILITY
11.1In particular, Drake Store cannot be held responsible for:
11.1.1the availability and/or unavailability of the Website;
11.1.2of any package that arrives damaged and/or opened and/or lost at the Customer's;
11.1.3any problem related to and/or caused by the Client'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 would be subject, and/or
11.1.5for any damages, expenses or direct and/or indirect costs incurred by the Client and/or the User.
11.2Drake Store shall not be liable to the Customer for failure to perform its obligations during any period in which the performance of such obligations has become impractical or impossible due to force majeure.
11.3Similarly, Drake Store shall not be liable for any inaccuracy, absence and/or lack of relevance and/or unreliability of the Website and/or its content and/or the Items.
11.4The Customer and/or the User acknowledge that they use the Website and order items at their own risk and under their own responsibility.
11.5In no event shall Drake Store be liable for any loss of data or consequential damages.
11.6Drake Store will not be responsible if the Customer's bank fails to process the payment correctly.
12. INDEMNIFICATION
12.1The Customer and/or User shall keep Drake Store free of any damage.
12.2The Customer and/or User agrees to indemnify Drake Store for any losses Drake Store may suffer as a result of the Customer and/or User's error.
13. CUSTOMER SERVICE AND SERVICE LEVEL
13.1Business days and hours are available in the footer of the Website. Drake Store cannot be held responsible for any delay due to a late order from the Customer and/or the User.
13.2All telephone conversations between the Customer and/or User and Drake Store may be recorded by Drake Store and Drake Store may also maintain records of emails. The Customer and/or User hereby agrees that Drake Store may use such telephone recordings and/or transcripts or electronic recordings for training and/or quality control and/or to resolve disputes. However, Drake Store shall not make such recordings available to the Customer and/or User.
13.3As part of its planned maintenance, Drake Store may suspend access to the Website in order to conduct computer maintenance.
13.4In the event of a defective item, the Customer must immediately notify Drake Store's customer service department (contact@drakestore.ch) which will offer, at its discretion, either a refund, an exchange or a price reduction.
14. EFFECTIVE DATE, DURATION, AMENDMENT AND TERMINATION
14.1These GTC are effective immediately and are valid for an indefinite period.
14.2Drake Store reserves the right to change the terms and conditions at any time without prior notice.
14.3The termination of the business relationship between Drake Store and the Customer shall have the following effects in particular:
14.3.1cessation of use by the Client and/or the User of the Website, and
14.3.2all payment obligations of the Customer to Drake Store shall become immediately due and payable.
15. GENERAL CLAUSES
15.1In the event that any provision or part of a provision is held to be void, 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 any other provision or the right of the Parties to require performance of any 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.
