General conditions of sale
Microwest/giftydeal.com reserves the right to modify these T&Cs at any time. The version in force at the time of the order is decisive for the sales contract and cannot be changed unilaterally for this order
The Microwest company (CHE-330-939-751-TVA), with headquarters at Route de L’ Areuse 8 2016 Cortaillod, France, through the intermediary of the interim legal representative, via https://giftydeal.com, submits selected products to its customers after a search of our various partners.
L’Utilisateur peut acheter les produits sur le site giftydeal.com s’ils sont disponibles en stock chez notre fournisseur.
The User can buy the products on the giftydeal.com website if they are available in stock from our supplier.
Before making the purchase, the Customer is required to accept these General Terms and Conditions of Sale, written in English and French, which are made available on the site in addition to consent to the processing of personal data in point 17.
Giftydeal is the site through which Microwest (CHE-330-939-751-TVA), with registered office at: Route de L’ Areuse 8 2016 Cortaillod Switzerland, via the legal representative, carries out its own commercial activity.
The site is available through the URL https://giftydeal.com
The contact details of Giftydeal, to enable the exercise of the rights guaranteed to the Customer under this contract, are as follows: e-maili: [email protected]
By Customer is the major natural person who concludes the contract for the purchase of one or more products among those offered on the portal giftydeal.com.
The parties involved in this agreement are Microwest, and the User who purchases the product through giftydeal.com.
Microwest data. This contract is shown in the header of this contract and the Buyer’s data will be indicated during the purchasing process. The User is responsible for the accuracy of the data he/she has provided.
Microwest will use the Customer’s data to implement the Agreement and will use it only for the purpose of completing this Agreement.
The Customer can create an account to activate access to the reserved area of the site, where he can modify the details indicated his access identifiers if he wishes, elements which will be communicated to him by giftydeal.com by e-mail during registration.
Terms and Conditions of VCT
These General Terms and Conditions govern the purchase by the Customer of a product from the giftydeal.com assortment.
The General Terms and Conditions, and in particular the right of withdrawal, apply to the Private Client and not to the Professional Client.
The Customer will be informed of these conditions before the finalization of care purchase and will have to accept it.
The catalogue is updated regularly and product availability may change without notice.
In this assortment, the main technical characteristics, the selling price and the average delivery time are indicated for each product.
The user of the site can select one or more products to insert them in his basket.
After finalization of his basket he will have to read and accept the present conditions of sale to finalize the process of purchase by means of a button of acceptance.
Prior to the payment process, the customer is invited to check its purchase namely the quantity, the price, the shipping costs and possibly the additional costs, to continue a confirmation is requested by a button purchase, and the customer proceeds to the payment of the price displayed by the methods indicated in article 8.
Once the purchase operations are completed, giftydeal.com will send the order form to the manufacturers or suppliers of the product, who will handle the shipping. When the order form will be taken care of by manufacturers or suppliers, giftydeal.com will send a confirmation letter to the User at the address provided by the same notice, containing the summary of the order form, the order code and how to check the shipping status or delivery of the product.
Only products presented on the giftydeal.com website are for sale.
The characteristics and images are provided by our suppliers or manufacturers Giftydeal.com does not assume any responsibility in case of difference between the original image of the site and the product (non-contractual image) also non-compliance with the technical details presented on the product sheet. If there is a difference between the image and the product sheet, the product sheet will prevail.
Under each product is indicated the net price, all deductions have been deducted.
Shipping costs are indicated on the summary page of the order form, as well as all possible taxes or additional charges.
If these costs cannot be calculated in advance, it is nevertheless provided that they can be invoiced to the customer.
The payment of the price of the product or products purchased is made via PayPal or Payrexx, following the procedure of the site giftydeal.com. Payment can also be made by Visa and MasterCard.
The information relating to the User’s PayPal or Stripe account is managed directly by PayPal or Payrexx via a secure connection. giftydeal.com, only verifies the result of the transaction and the user’s data remains confidential.
Any return or refund of the price to the Customer, even partial, will be made by PayPal.
Giftydeal.com sends the order form to the manufacturer or supplier within 48 hours of receipt of payment for the product ordered by the customer on Giftydeal.com.
During weekends and during the main holiday periods (Christmas, New Year, etc.), the times indicated may vary and will be indicated on the giftydeal.com website.
The manufacturer or supplier, after having received the order form, sends the product to the Customer, at the address indicated by the latter, within the delivery times indicated and in any case within a maximum period of reception at the Customer of 30 days from the order.
The Customer can verify the tracking of the product according to the link available on the giftydeal.com website and by using the code provided to him by email.
In case of delayed delivery of the product, giftydeal.com informs the Customer by email.
In the event of non-delivery of the product within 30 days, the Customer has the right to request a new reasonable period of time to obtain delivery of the product.
In the event of non-delivery of the product within this new period, the Customer may request a refund without delay of the amounts paid under the contract.
The procedure for rescinding the contract and refunding the price will be managed by giftydeal.com at the manufacturer or supplier on behalf of the Customer.
The price paid by the Customer for the purchase of the product will be refunded without delay and in any case within 14 days, using the same payment channels.
In any case, since the product is shipped by the manufacturer or supplier, giftydeal.com does not assume any responsibility for delays in delivery of the product in relation to the times indicated.
In case of simultaneous purchase by several users the availability of the product can be compromised, also by the unannounced exhaustion of the product at the supplier or manufacturer before sending the purchase order.
In this case the customer will be entitled to a full refund of the price paid.
In the event that a product purchased is no longer available from the manufacturer/supplier, the Customer is entitled to a full refund of the price paid, without delay and in any case no later than 14 days following the request, using the same payment channels.
Damage on receipt
It is the customer’s responsibility to verify the condition of the product and its conformity with the purchase.
If the container or contents are damaged, the customer may refuse delivery by stating in writing the reasons on the delivery note or by accepting delivery with reservation.
In case of damaged goods the customer must contest in writing to the address quoted in art 1 or email, at [email protected] the presence of problems caused by transport by attaching some photos.
In the event of damage not apparent or acceptance with reservation, if the delivery is not challenged by the customer in writing within 8 days from the date of delivery he will no longer be able to claim repair or replacement of the product, any reduction or total or partial refund of the price paid.
If delivery of the product is impossible because it is not attributable to giftydeal.com, the latter reserves the right to cancel the order. In this case, the price paid by the User will be fully refunded without delay and in all cases within 14 days of cancellation, using the same payment channels.
The following warranties on the products do not apply if the defects are caused by incorrect use of the goods by the Customer, or by non-compliance with the rules of use and storage of the goods indicated on the instructions.
The product delivered to the customer must correspond to the description on the site, and must be adapted to the end use. Technical quality and performance must correspond to the criteria described by the supplier in his argument and must have the same performance as a product of the same kind.
A lack of conformity is not considered to be a lack of conformity if the consumer was aware of or could not be unaware of the product’s weakness at the time of purchase or if the defect is due to improper use of the product, or in materials supplied by the customer.
Giftydeal.com is not responsible for public statements of the manufacturer or supplier when:
He did not know them and could not have known them by any other means.
The statement was corrected at the time of sale
The purchase decision is not based on the supplier’s declaration.
In case of non-conformity of the product, the customer can ask for: repair, replacement, reduction on the price paid, or termination of the contract with full refund of the product.
Wear parts, especially batteries, battery, power cords, light bulbs and software problems are excluded from the warranty.
In addition, Giftydeal.com or the merchant declines all responsibility for damages resulting from one of the following causes:
- Inadequate storage, positioning or use contrary to the contract or unlawful use of the product;
- Use of incompatible accessories or spare parts, e. g. power supply, batteries.
- No maintenance, improper modification, disassembly or repair of the product by an unauthorized person.
- In case of force majeure, for example damage caused by the elements, humidity, falls, blows, etc., which cannot be attributed to giftydeal. com.
Giftydeal.com may reserve the right to offer the customer free coupons in the event of a request for price reduction or termination of the contract to be used on the giftydeal.com website.
Giftydeal.com, not being involved in the manufacture or wholesale of the product, is therefore not responsible for the lack of conformity of the purchased good.
In the event of a price reduction request, the Customer must send a description of product defects and photographic documentation to giftydeal.com at: [email protected] along with some photos showing the defect (s).
Reimbursement of the price paid will be made within 14 days, using the same payment channels.
According to Giftydeal.com reserves the right to see the returned goods before refunding the money to the Customer.
The customer has the right to make complaints or reports, or to ask for help with purchases made, at the following e-mail address: [email protected]
Claims and reports will be processed by giftydeal.com within 15 business days.
Data on Product and damage data
Giftydeal.com is not a manufacturer, supplier or importer of the purchased product, nor an intermediary of them.
Giftydeal.com has not manufactured the product or participates in any way in the production of the product and does not know its technical characteristics or qualities.
Technical data sheets are supplied by the manufacturer or supplier.
For this reason, in the event of damage caused by the use of the purchased product, the only person responsible for compensation of damages is the manufacturer or supplier of the product.
Giftydeal.com, at the customer’s request, undertakes to communicate the data of the manufacturer or supplier without delay and in any case within a maximum period of 3 months from the request.
Liability of the manufacturer or supplier may be reduced or excluded if the damage has been caused by the dissatisfied person.
The Customer must make a claim for compensation for damages to the product within three years of becoming aware of the damage or defect or the identity of the person responsible for the damage.
Liability for product damage expires ten years after delivery of the product.
For the same reasons, giftydeal.com assumes no responsibility for the product’s non-compliance with applicable safety regulations.
It is the Customer’s responsibility to check from the product data sheet whether the products comply with EC regulations or national laws.
In the event of non-compliance with product safety laws, giftydeal.com, at the Customer’s request, undertakes to communicate without delay the data of the manufacturer / supplier and in any case within a maximum of 3 months from the request.
All legal relationships between Giftydeal.com and the customer are subject to Swiss law.
In accordance with EU Regulation No. 524/2013http://eur-lex.europa.eu/legal-content/FR/TXT/?uri=CELEX%3A32013R0524
The Parties to this contact may amicably resolve disputes relating to the obligations arising from this contract by using an OER entity listed on the basis of Article 20 (2) of Directive 2013/11/EU.
And which involves the use of the ODR platform.
For disputes between the consumer customer and Giftydeal.com concerning the execution or validity of this contract if the customer is a plaintiff and giftydeal.com is the party involved, the parties agree that the Court of Neuchâtel is competent to decide.
For disputes between the professional customer and Giftydeal.com concerning the execution or validity of this contract if the customer is a plaintiff and giftydeal.com is the party involved, the parties agree that the Court of Neuchâtel is competent to decide.
General Data Protection Regulations (GDPR)
The customer can ask the person in charge of data acquisition (Giftydeal. com) access, modification, deletion of his personal data recorded, oppose or limit their processing, as well as the portability of these data.
The provision of personal data is optional, but the possible refusal to consent to the processing for the purposes intended may make it impossible to carry out this contract.
The owner further informs that any failure or miscommunication, or miscommunication of any of the mandatory information, results in the holder being unable to ensure that the treatment is in conformity with the contractual provisions for which it is made, as well as the possible non-correspondence of the results of the treatment with the obligations imposed by the tax or administrative legislation to which it is addressed.
In any case, the Customer may assert his rights, in accordance with the law, by contacting the data controller in order to submit a complaint to a supervisory authority.
The processing of personal data will be carried out automatically or manually, with methods designed to guarantee maximum security, by authorized persons in accordance with the provisions of the law.
Right of access to personal data and other rights
The customer can request the data concerning him/her even if not yet recorded, to which categories they belong, the indication of their origin and, in any case, their communication in intelligible form.
It is entitled to obtain an indication of the purposes and methods of the processing operation; the existence of an automated decision-making process, including profiling, and the logic applied in the case where processing is carried out using these methods, as well as the importance and expected consequences if these hypotheses occur; the contact details of the holder, the persons responsible and the representative appointed in accordance with the law; the subjects or categories of subjects to whom the personal data may be disclosed.
He has the right to know the validity period of his personal data.
He or she has the right to obtain the updating, correction or integration of the data; cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data whose storage is unnecessary for the purposes for which the data were collected or processed; attestation that the aforementioned operations have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated.
He has the right to assert his rights regarding the processing of personal data concerning him and not to authorize anyone to use them for advertising, data collection, direct selling, commercial or statistical purposes and reserves the right to lodge a complaint with a supervisory authority.
Owner and Manager of Personal Data Processing is Microwest. (TVA-330-939-751-CHE)
- © 2018.Microwest
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