General Conditions

General terms and conditions: Leman Prestige Design Sarl

Leman Prestige Design Sarl
Chemin de la Damataire 24
1009 Pully
Switzerland

Register of commerce:
Swiss Federal id: CH-550-1054350-6
VAT: 700 778
Share capital: CHF 20 000
E mail: contact@tradition-prestige.ch
E mail: info@tradition-prestige.ch



These conditions are concluded between Leman Prestige Design Sarl, as identified above, and the persons, hereinafter “the user” or “the customer,” wishing to make a purchase from the Leman Prestige Design Internet site at http://www.tradition-prestige.com and www.tradition-prestige.ch, hereinafter “the e commerce site”.

The parties agree that their relations will be governed exclusively by the present contract to the exclusion of any prior condition available on the Site. However, if a condition should come to be missing, it would be considered to be governed by current custom in the remote sales sector whose companies are headquartered in Switzerland.

The validation click which the user makes after having filled out his/her order form constitutes confirmation of the order and irrevocable acceptance of the present general conditions. It will express the user’s final consent to contract with Leman Prestige Design Sarl for the products selected, without prejudice to the user’s right of return and possible application of the provisions set forth in the articles of these general conditions of sale.

The offer of the electronic store presented by Leman Prestige Design Sarl indicates the total price to be paid for the goods and services offered in Swiss francs and Euros, all taxes included, in Switzerland. The prices indicated do not include the buyer’s share of shipping expenses.

If the user resides outside Switzerland and wishes to have merchandise delivered abroad, he or she will receive the tax rebate in effect and must pay the relative shipping expenses to the country of delivery.

All information contained in the www.tradition-prestige.com site is in French. The customer may nonetheless obtain another version of the e shop and the catalogue in English.

The customer acknowledges having become acquainted with all the aforementioned information and the general conditions of sale prior to submitting the order.

1 - Purpose

The purpose of the present general conditions of sale is to define the parties’ rights and obligations in a distance sale of the goods offered in this electronic store by Leman Prestige Design Sarl, from the order to services and including payment and delivery.

The geographic area covered by the offer of the Leman Prestige Design store is as follows: Germany, Andorra, Saudi Arabia, Austria, Bahrain, Belgium, Brazil, Cameroon, Canada, China, Cyprus, Ivory Coast, Denmark, Egypt, United Arab Emirates, Spain, Estonia, United States, Finland, France, Greece, Guadeloupe, French Guyana, Hong Kong, Hungary, India, Indonesia, Ireland, Iceland, Israel, Italy, Japan, Jordan, Kuwait, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg, Malaysia, Malta, Morocco, Martinique, Mauritius, Mexico, Monaco, Norway, New Caledonia, New Zealand, Netherlands, Poland, Portugal, Czech Republic, Reunion, United Kingdom, Russia, Saint Barthelemy, Saint Lucia, Saint Martin, Saint Vincent and Grenadines, Senegal, Seychelles, Singapore, Slovakia, Slovenia, Sweden, Switzerland, Tahiti, Taiwan, Thailand, Tunisia, Turkey, Venezuela.

If a customer whose country does not appear on this list wishes to order, he/she may send an e-mail from the “Customer Contact” section with the references, descriptions and quantities of the items selected. He/she will receive an e-mail confirmation of the amount of the order and the shipping costs involved, along with the bank coordinates to which to make the bank transfer for the total amount of the order. Upon receipt and validation of the sum by the bank, the order will be shipped.

Important: this contract consists of the present general conditions of sale and the order form. However, the photographs illustrating the products on the Site are not part of the contract. Leman Prestige Design Sarl may in no case be held liable if errors or alterations occur as a result of the processing of these photographs or their display on the user’s screen.

2 – The order

Every order “signed” by the validation click constitutes an irrevocable commitment by the customer, which may not be challenged except in these cases envisioned in these general conditions of sale.

The contract is not concluded until confirmation of the order by Leman Prestige Design Sarl. The customer will receive an acknowledgement of receipt by fax, mail or e-mail confirming the order with all the constituent elements of the contract (products ordered, prices, delivery times, and shipping charges).

Leman Prestige Design Sarl undertakes to honor the orders received on the Internet site only to the extent of the available product stock. If a product is unavailable, Leman Prestige Design Sarl undertakes to so inform the user as quickly as possible. Leman Prestige Design Sarl therefore reserves the right not to confirm an order, for any reason having to do in particular with the supply of products or with a problem concerning the order received.

The order will be filled within the period of time specified on the site and upon confirmation of the order by Leman Prestige Design Sarl, and in any case no later than 30 business days following confirmation of the order, subject to the availability of the product ordered and unless specifically agreed otherwise between the parties.

If an ordered product is out of stock or unavailable, Leman Prestige Design Sarl undertakes to inform the customer as soon as possible and to specify when the product will be available. The customer will confirm by e-mail his/her decision either to wait for the product to become available or to receive a refund.

The products ordered remain the property of Leman Prestige Design Sarl until final payment in full of their price.Leman Prestige Design Sarl reserves the right to reclaim the ordered products in the event of failure to pay. In this case, and at the first request by Leman Prestige Design Sarl, the customer undertakes to return any unpaid product, bearing all expenses.

3 – Duration of the offer

The offers contained in this site www.tradition-prestige.com are valid the month in progress.

4 – Terms and conditions of payment

Payment in full is due when the order is submitted. The customer undertakes to pay the stipulated price for the ordered product on the site (product price and shipping cost) and to pay or to have paid, if necessary, and directly to the forwarding agent or carrier, customs duties, VAT or other taxes owed when importing products into the country of delivery.

The customer guarantees Leman Prestige Design Sarl that they have any necessary authorizations to utilize the mode of payment of his/her choice as proposed below:

* By credit card (Visa Mater Card) as proposed on the Site

* Or by bank transfer to the order of Leman Prestige Design Sarl.

5 – Fees and customs duties

Prices are given in Swiss francs and Euros, all taxes included. They take into account the VAT applicable on the date of the order. They do not include buyer’s share of the delivery costs, which are invoiced in addition and which will be indicated in the order confirmation.

For deliveries within Switzerland, the prices take into account the VAT applicable on the date of the order. They are therefore indicated as including VAT. Neither customs duties nor VAT will be owed for a delivery within foreign countries. Any change in the applicable rate may be passed on to the sale prices of the products in the catalogue.

For deliveries outside Switzerland, the customer must pay customs duties, VAT or other taxes owed when the products are imported into the country of delivery. Any related formalities are also the exclusive responsibility of the customer unless otherwise indicated. The customer alone is responsible for verifying the possibilities for importing the products ordered in regard to the laws of the country of delivery.
6 – Transfer of risks and liability

Risks are transferred to the customer when the products are turned over to the carrier by Leman Prestige Design Sarl. Products travel at the customer’s risk and peril. The same is true when products are sent or returned postage paid.

During the return period as described below, the customer is responsible for the products as its guardian. If the product is damaged or destroyed while under the customer’s guardianship, the customer shall bear all consequences.

For all stages of accessing the site, processing the order, delivery or subsequent services, Leman Prestige Design Sarl is responsible only for taking due care. Leman Prestige Design Sarl may not be held liable for any disadvantages or damages involved in use of the Internet, in particular an interruption of service, an outside intrusion, or the presence of computer viruses or for any event classified as force major in jurisprudence.

7 - Delivery

The delivery area corresponds to the geographic area covered by the offer. Products are delivered to the address indicated by the customer on the order form.

Delivery is deemed to have been made when the product is turned over to the carrier. The delivery slip issued by the carrier, dated and signed by the customer upon delivery of the product, will constitute proof of transport and delivery. Upon delivery, the customer will check the contents, compliance and condition of the product or products.

In the event of delays, damages, total or partial loss or some other problem, the customer will be responsible for making any claims against the carrier; Leman Prestige Design sarl shall not be held liable. Therefore, upon delivery, Leman Prestige Design Sarl recommends that the customer check the condition of the products delivered before signing the acknowledgement of receipt for the package. If the customer finds problems, he/she must refuse delivery of the products or make specific handwritten and dated reservations. These reservations must be confirmed with the carrier by registered letter with acknowledgement of receipt within three (3) business days following delivery of the products. A copy will be sent to Leman Prestige Design Sarl.

In addition to those customarily considered to be such by jurisprudence and by the Swiss courts, the following will be considered as cases of force major:

* Complete or partial strikes, internal or external to the company,
* Blockage of transport or supply means for any reason,
* Governmental or legal restrictions,
* Computer breakdowns, blockages of telecommunications including networks and particularly the Internet.

The occurrence of a case of force major will initially suspend execution of the order ipso jure. If the parties find that the case of force major persists after three (3) months, the order will be automatically cancelled unless otherwise agreed by both parties.

8 – Customer’s absence

If the addressee is absent when delivery is made, the carrier will leave a delivery notice at the delivery address indicated by the customer. Products must be picked up at the address and as indicated by the carrier.

If pickup is not made within the period of time specified by the carrier, the products will be returned to Leman Prestige Design Sarl, which reserves the right to reimburse the product price, with shipping costs borne by the customer.

9 - Claims

Claims for nonconformity of the product or products delivered with the order must be made in writing directly to Leman Prestige Design Sarl, immediately upon receipt. The customer must keep the packaging and delivery slip.

If there is an error with the product, the customer undertakes to return said product or products within seven days following their receipt to Leman Prestige Design Sarl , Chemin de la damataire 24, CH 1009 Pully, on the condition that they be sent without opening their packaging, in their original condition and packaging, with the accompanying documents.

Upon receiving the product in good condition, Leman Prestige Design Sarl will send back at its expense the product initially ordered.



10 - Warranty

All items may be exchanged or reimbursed except for those bearing an indication to the contrary. In order to avoid any inconvenience, however, the products are systematically checked by Leman Prestige Design Sarl before being shipped. The exchange must be made within 15 days from the date of receipt.



If some products are under an extended warranty, the terms and conditions and duration of warranty are specified on the warranty card accompanying said products. This does not cover damage, breakage or malfunctions caused by failure to follow precautions of use.

To activate the warranty, the customer returns the product to Leman Prestige Design Sarl at his/her expense, attaching the original invoice. The product will be exchanged with an identical product and sent to the customer at the expense of Leman Prestige Design Sarl, except in the event the product is out of stock or discontinued from the Leman Prestige Design Sarl line. In this case, Leman Prestige Design Sarl will reimburse the customer for the price of the product or replace it with a new order.

If this new order is for a greater amount, the customer must attach payment for the balance to the exchange request. Conversely, if the amount of the exchange is less than the initial amount, the customer will receive a cheque reimbursing him/her for the difference upon receipt of the request.

In the case of a request for reimbursement for an item having been given free of charge or at lower cost as part of a special offer to the customer, it will be reimbursed according to its commercial value and not in full.

In all cases, any request for exchange or reimbursement must be made by mail to Leman Prestige Design Sarl, Chemin de la Damataire 24,1009 Pully

11. User’s personal data

Leman Prestige Design Sarl reserves the right to collect data on the user, in particular through the use of cookies.

The personal information which the customer is asked to provide are essential for processing and routing orders, preparing invoices and any warranty contracts. To this end, this information may be communicated to Leman Prestige Design’s contractual partners.

12 – Signature and proof

The computerized logs kept in the computer systems of Leman Prestige Design sarl under reasonably secure conditions will be considered proof of communication of orders and payments made between the parties.

In all cases the credit card number and final validation of the order supplied online will constitute proof of the completeness of said order and will constitute playability of the sums undertaken by entering the items appearing on the order form. This validation constitutes a signature and express acceptance of all operations made on the site.

13 – Recording and filing of transactions

The orders and invoices are filed on a reliable and durable medium so as to correspond to a true and lasting copy.



14 – Intellectual property

Leman Prestige Design Sarl is the holder of the intellectual property rights to the site and of the right to distribute the items appearing in the electronic store catalogue, and in particular of the photographs for which it has obtained the necessary authorizations from the persons involved. Consequently the partial or full reproduction on any medium whatsoever of the elements constituting the site and the catalogue, their use and their being made availability to third parties are strictly prohibited.

All elements on the Leman Prestige Design site, whether visual or audio, are protected by copyright, trademark rights, or patent rights. They are the exclusive property of Leman Prestige Design Sarl. The user who has a personal Internet site and wishes to place a simple link for his/her personal use connecting directly to the home page of the Leman Prestige Design Sarl site must request authorization from Leman Prestige Design sarl. This will not constitute an implicit affiliation agreement.

However, any hypertext link connecting to the Leman Prestige Design Sarl site and using linking technique is strictly prohibited. In all cases, any link, even tacitly authorized, must be removed upon simple request from Leman Prestige Design Sarl.

15 – Completeness of the contract

In the event that one of the clauses of the present contract should be made null and void by a change in legislation, regulation or by a court decision, this will in no way affect the validity of and compliance with these general conditions of sale.
17 – Jurisdiction and applicable laws

In case of Business to Customer, the present conditions are subjected to the Swiss law when the contracting one does not have the quality of tradesman. The customer can take action in justice, in addition to the place where remains the defendant, near the jurisdiction of the place of effective delivery of its order.

In case of Business to Business, the present conditions are subject to Swiss law. In the event of litigation and absent an amicable settlement between the parties, jurisdiction is assigned to the courts competent for the jurisdiction of the corporate headquarters of Leman Prestige Design sarl in Lausanne, Switzerland, notwithstanding a plurality of defendants and/or the introduction of third parties, even for emergency proceedings or protective measures or summary procedures or by petition.

Last update: Mai 2008