TERMES ET CONDITIONS
Terms and conditions
Article 1 | Fields of application and modification of the general conditions of sale
These general conditions of sale (hereinafter the “General Conditions”) apply to the relationship between Be-Cash SA (hereinafter “Be-Cash”) and all persons placing an order on one of the websites of Be- Cash, a telephone order or an in-person order (hereinafter: the “Customer” or “Customers”). Any order is worth for acknowledgment of debt.
Be-Cash reserves the right to adapt or modify at any time the Terms and Conditions, which will be immediately applicable to any new order.
At each order, the Customer must confirm that he has read and accepted the General Terms and Conditions. The latter thus apply to all orders placed by the Customer (hereinafter: the “Order”). The general terms and conditions of the Internet site (s) operated by Be-Cash (hereinafter: the “Website” or the “Websites”) take precedence over the general conditions published on any other medium. Any special conditions mentioned on the Internet site (s) depending on the displayed products are an integral part of the Terms and Conditions. In case of discrepancy between the special conditions and the General Conditions, the special conditions prevail.
Article 2 | Products mentioned on the websites and orders of the Customers
The products visible on the Websites and the stock status of the product displayed in real time on the Website are for information only and do not constitute offers from Be-Cash. In particular, the photos on the Website are not contractual.
All information provided on www.be-cash.ch (product descriptions, illustrations and photos, films, dimensions, weights, technical specifications, accessories and other data) are provided for information purposes only and are not intended formal guarantee of these characteristics. Be-Cash also assumes no liability for the contents of external web pages and partner shops linked by the Internet.
On the basis of this non-contractual information, the Customer can place an order for the displayed product (s), this exclusively by the procedure provided by the Website and respecting the ordering conditions provided on the Website.
Any Order, once finalized according to the order process available on the Website, constitutes an offer by the Customer to purchase the product displayed on the Website, under the conditions indicated on the Website.
For each Order, the Customer must indicate an e-mail address on which all communications of Be-Cash in connection with the Order will be sent. It is the responsibility of the Customer to maintain this address and to be aware of emails sent by Be-Cash. Any communication sent by Be-Cash to the email address indicated by the Customer will be considered received by the Customer the day after the sending. The risks of transmission and routing are borne by the Customer.
The Customer may indicate to Be-Cash within 24 hours of the Order any change of delivery address. The latter will however be taken into account only to the extent that the Order has not yet been sent to the Customer. Otherwise, it will be up to the Customer to take the appropriate measures to receive the Order at the delivery address indicated at the time of the Order.
Article 3 | Validation of orders – firm and non-cancellable orders
To place an Order, the Customer must be of age (18 years old) and not be under guardianship or curatorship. The Client ensures that all the information transmitted is in conformity with reality and responds accordingly to Be-Cash for any damage related to inaccurate information.
The Order placed by the Customer in accordance with Article 2 above constitutes a firm and definitive offer to purchase the product indicated as available on the Website. Once definitively validated by the Customer, this order can not be withdrawn until the reception by the Customer of the decision of acceptance or refusal of Be-Cash.
Be-Cash will be free to accept or refuse, without stating reasons, any order from a Customer. Be-Cash will communicate its decision of acceptance by an email sent to the address indicated by the Customer in his Order (order confirmation).
Article 4 | Price
Be-Cash reserves the right to change prices at any time, but agrees to apply the rates displayed at the time of the Order.
Prices shown are in Swiss francs and excluding taxes. The Customer must also pay the delivery charges, which are indicated on the home page and on the order form.
Prices shown are valid only in Switzerland.
Article 5 | Payment in advance and security
The Customer’s offer to order a product at Be-Cash implies a payment in advance of the amount of the Order and fees by credit card (Visa, MasterCard and JCB), by bank transfer or by postal transfer (in this case, Be-Cash will pass on the cost to the customer).
Payment of the advance on the Internet site (s) operated by Be-Cash is carried out on the secure banking servers of the Be-Cash partners, as proposed on the Website. This implies that no banking information concerning the Client passes through the sites of Be-Cash. Payment by credit card is perfectly secure.
The order will be registered and validated upon acceptance of payment by the payment system chosen by the Customer. His Order will be validated and his card debited at the time of the registration of the Order automatically.
The Customer must imperatively complete the registration form which is proposed on the Website or sent by email, before being able to validate an order. The Customer’s credit card details are encrypted using the SSL (Secure Socket Layer) protocol and never pass unencrypted over the network. Payment of the advance is made directly to the bank. The card number is not sent to Be-Cash.
The risk of a malfunction of the payment system is borne by the Customer.
Article 6 | Terms of delivery and delivery times
The products are delivered to the delivery address indicated by the Customer in the Order. The risks associated with sending the goods to the Customer (risk of loss, destruction, wrong delivery address, etc.) are borne by the Customer upon delivery by Be-Cash of the goods to the carrier designated by Be-Cash. In case of error in the address of the addressee, Be-Cash can not be held responsible for the impossibility in which it could be to deliver the product.
The costs of returning an unclaimed parcel and the possible return are the responsibility of the Customer. Before any forwarding, Be-Cash can ask the Customer to pay beforehand the related expenses.
In the case of an unclaimed parcel, Be-Cash can not be held responsible, including in case La Poste does not file a notice of passage. The cost of return and the risks inherent to this transport are the responsibility of the Customer.
In case of return of the parcel in the premises of Be-Cash following an impossibility of delivery of the latter (postal delays exceeded, wrong recipient address … etc.), The Customer is automatically notified by an email sent to the indicated email address in the Order. No news from the Customer within 3 months from the sending of the email, Be-Cash reserves the right to cancel the order. In such a case, Be-Cash is released from its obligation to deliver the goods and the advance paid by the Customer to Be-Cash at the time of his order will be retained by Be-Cash as conventional damages, this for balance of any account and any claim for the Order in question.
The preparation and shipping costs are always clearly indicated during the Order. The delivery is made in signed parcel, by the services of the Post office or by one of the freight forwarders chosen by Be-Cash.
Any available item is in principle dispatched within 10 working days (weekends and holidays are excluded from the deadline). The indicated deadlines are average times and correspond to the time of treatment, preparation and dispatch of any Order (exit warehouses).
In the event that Be-Cash is unable to deliver the goods ordered within 30 days (date ex-warehouse), the Customer may cancel the Order by an email or letter addressed to the Be-Cash customer service mentioning the references of the Order. This cancellation will be taken into account only if it reaches Be-Cash 24 hours before the delivery of the goods ordered to the carrier designated by Be-Cash. Otherwise, the order can not be canceled. The cancellation must also reach Be-Cash before the deadline of 40 days after the order.
In case of valid cancellation, the advance paid by the Customer to the Order will be refunded to him for balance of all accounts and all claims. The Customer will not be able to claim any additional damages from Be-Cash, its claims being limited exclusively to the full refund of the advance paid.
Be-Cash is also entitled to cancel an order even accepted, this without having to indicate the reasons to the Customer. In such a case, the Client’s claims in respect of Be-Cash are limited to the return of the advance paid, excluding any damages.
Upon receipt of the Order by the Customer, the Customer must proceed to the immediate inspection of the delivered goods.
In order to identify apparent defects (packaging defect, product delivered that does not correspond to the ordered product, any missing products, etc.), the Customer must check the conformity of the delivered goods before signing the carrier’s delivery note. He must, if necessary, indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any apparent anomaly concerning the delivery (eg damaged product, other delivered product, etc.). This verification is considered to have been carried out as soon as the Customer, or any other person signing the delivery note, has made any reservation on the said voucher.
Article 7 | responsibilities
Be-Cash only responds to direct damages for which the customer proves that they are caused by a serious fault of the company or an authorized third party. Liability for slight negligence or negligence is excluded.
In the event of Be-Cash’s liability, the latter is limited to the price of the product delivered or the service provided. Any extended liability of Be-Cash, its auxiliaries or third parties mandated by it for damages of any type is excluded. In particular, the Customer has no claim for damages for damage that does not affect the product itself.
The choice and the purchase of a product or a service are placed under the sole responsibility of the Customer. The total or partial inability to use the products due to the incompatibility of the material or can not give rise to any compensation, reimbursement or questioning of the responsibility of Be-Cash.
In any case, any claim for damages shall be limited to the maximum amount corresponding to the price paid by the Customer at the time of the Order.
Article 8 | Return procedure – Warranty – limitation of warranty
The warranty for hidden defects is limited to one month maximum (from the date of departure of our warehouses). Beyond this deadline, Be-Cash will not accept any claim. The existence of a manufacturer’s warranty of longer duration is reserved (see Chapter 9 below).
Be-Cash warranties will not be considered in the following cases:
- Failures resulting from the modification of the construction and the original characteristics of the appliance;
- Failures affecting parts that do not conform to those recommended by the manufacturer;
- Settings accessible to the beneficiary without disassembly of the device;
- Commissioning, adjustment, cleaning and non-consequential testing for defects that fall under the warranty;
- Failure to comply with the manufacturer’s instructions;
- Repair and damage to the appliance after a repair by anyone other than a manufacturer’s authorized repairer;
- Makeshift or temporary repairs and the consequences of the possible aggravation of the resulting damage;
- Damage due to corrosion, improper connection, power supply, shock, drop, humidity or any other use not in accordance with the manufacturer’s instructions;
- Damage due to a power supply problem means by power supply problem, not a problem of internal power supply to the product, but external to it. If for example, a connection to a defective outlet, the warranty does not apply.
- The damage related to a bad handling of the customer (fall, etc.)
Before returning a product purchased due to defects or non-compliance covered by the Be-Cash guarantee, the Customer must imperatively request it from Be-Cash Customer Service within 3 days of the discovery of the product. and obtain from the service a return number (RMA) and instructions on the procedure to be followed for the return.
No returned merchandise will be accepted if it is not in its original packaging or the return of merchandise has not been preceded by an RMA request from Be-Cash customer service.
Upon receipt of the RMA, the Customer has a period of 7 days to return the defective product to Be-Cash. After this period, any return will be refused. The return must be in registered package, the Customer bearing the risk and the costs related to this return.
For defective products returned by the Customer in accordance with the procedure set out in this chapter, Be-Cash’s obligations are limited, at Be-Cash’s sole option:
- to have the product repaired at his expense within a reasonable time;
- replace the product by standard exchange or by supplying an equivalent product;
- to refund to the Customer the amount paid during the order.
- A warranty repair does not extend the warranty period.
Article 9 | Manufacturer Warranty
When the product has a manufacturer’s warranty, only this applies (clause 8 becomes obsolete). Refer to the data sheets of the products purchased. The manufacturer’s warranty is usually one year for parts but can be totally excluded on certain items. It is the Customer’s responsibility to inquire about the extent of the manufacturer’s warranty.
In the event of a warranty defect during the manufacturer’s warranty period, the repairs shall be carried out by the national network of centers, technical stations or technical agencies approved by the manufacturers, in full discharge of Be-Cash, according to the conditions proposed by each manufacturer, to the exclusion of any liability of Be-Cash.
To benefit from the guarantee of the products, it is imperative to keep the purchase invoice of the product.
Article 10 | Customer’s Obligations
The Customer agrees to use the product purchased according to the manufacturer’s instructions and to ensure the necessary maintenance and recommended by the manufacturer to ensure its proper operation.
The Customer must keep the invoice, the original packaging and all the manuals and accessories concerning the purchased product. These can be requested in case of repair under warranty.
For the myPOS service, the Customer must provide proof of a professional activity.
Article 11 | Data protection
By registering on the Be-Cash.ch website, the Customer expressly agrees to receive advertising or other information from Be-Cash.ch. The Customer can unsubscribe at any time, easily and for free, following the instructions in the respective message or by contacting Be-Cash.ch Customer Service.
Be-Cash.ch transmits the personal data to third parties only insofar as they are indispensable for the good execution of the Order.
Be-Cash.ch reserves the right to analyze all data collected and to use information on the purchasing behavior in an anonymous form for commercial purposes.
Be-Cash is entitled to cancel from its computer files at any time a registered Customer, that is to say, to cancel his registration, with immediate effect, without having to justify his decision, without notifying the Client and without the registered customer in question can not make any claim to the company. This is particularly true for registered customers who violate these terms and conditions.
Excluded registered customers are not permitted to re-register as registered customers on the Be-Cash Websites, either under their own name or otherwise, without the prior consent of Be-Cash.
Article 12 | Company contact information
Station Square 9
CH – 1296 Coppet
To contact the Customer Service, the Customer has two possibilities:
By email to firstname.lastname@example.org
By post (Please do not return any parcel without request or prior agreement)
Station Square 9
CH – 1296 Coppet
Attention: In order to optimize the processing of the requests of each Customer, thank you to specify after the mention “Customer Service” the object of your mail.
Article 13 | Applicable law and jurisdiction
This contract and the sales organized by Be-Cash are governed by Swiss law. In the event of a dispute, the place of jurisdiction shall be the domicile of Be-Cash S.A. exclusively, the remedies being reserved.
Article 14 | Original text
The general conditions of Be-Cash are written in French, German and English. In case of contradiction, the French version will prevail.
Coppet, March 2018