1. SCOPE OF APPLICATION
Ahead Band, hereinafter referred to as “the seller,” is a sole proprietorship based in Switzerland, selling headbands and accessories via the website www.aheadband.ch, hereinafter referred to as “the website.” These General Terms and Conditions of Sale (GTC) govern the contractual relationship between the seller, on the one hand, and the customer, on the other, and apply to orders and shipments of items ordered online by the customer on the website. By confirming the order, the customer acknowledges having read, understood, and accepted these GTC without reservation. If the customer disagrees with the GTC, they should refrain from placing an order via the website. The seller reserves the right to modify the GTC at any time and without prior notice by publishing a new version on the website. Any order placed by the customer after the publication of a new version constitutes acceptance of that new version.
2. MERCHANDISE
The products are selected for their quality and carefully chosen from mostly Swiss and European suppliers. The seller reserves the right to modify the product range, particularly due to supply constraints. Product photographs on the website are not contractual, as colors may vary depending on lighting. They are presented solely for illustrative purposes and to promote the products. Each product is accompanied by a description on the website. The Customer may contact the seller at any time by email for further information. The seller cannot be held liable in the event of an allergy to the components or materials used in its products; it is the Customer's responsibility to inquire beforehand.
3. MERCHANDISE AVAILABILITY
On the website, products are offered for sale while stocks last. If, despite the seller's best efforts, the offered items are unavailable, the seller will inform the Customer by email as soon as possible. The Customer may then choose to: wait for the store to restock, replace the ordered product with another available one, or remove the product from their order. The seller cannot be held liable for any failure or delay in supply from their own suppliers. No refund can be claimed by the Customer if the seller has already had to reorder from their suppliers to fulfill the Customer's order. Special offers, promotions, or discounts are valid only until the indicated date or while supplies last. When a product is not currently in stock but is marked "can be ordered," "on order," or "being restocked," we do our best to fulfill your request as quickly as possible, but cannot guarantee 100% that the requested quantity will still be available from our supplier. As delivery times are beyond our control, we cannot guarantee them. Excessive delays from our suppliers will not entitle the Customer to a refund, and the Customer acknowledges and accepts these delays.
4. PRICES
The prices indicated are in Swiss francs (CHF), inclusive of all taxes, according to the applicable rates. Shipping and handling charges are added during the ordering process. The seller reserves the right to change prices at any time. Only the price indicated on the order confirmation sent to the Customer by email is valid. Prices shown in CHF on the Website are valid only within Switzerland and the Principality of Liechtenstein. If the customer resides outside Switzerland, particularly within the European Union, prices may be displayed in Euros. Customs duties, VAT, and other import taxes may be charged directly by the authorities of their country. These charges are the responsibility of the Customer.
5. ORDERING
When placing their first order on the website, the Customer may, if they wish, create an account and then complete the online order form. Creating an account is not mandatory to place an order. The Customer is solely responsible for the accuracy of the data they provide for the proper execution of the transaction. For operational reasons, only orders placed via the website are accepted. All other ordering procedures are excluded. The Customer should also regularly check their spam folder to ensure that no emails from the seller are present.
6. ORDER ACCEPTANCE/REFUSAL
When validating the order, the Customer acknowledges having read and fully accepts the general terms and conditions of sale. The seller reserves the right to cancel or suspend any order at their sole discretion, without being required to provide a reason.
7. ORDER CONFIRMATION
The sale is accepted and the contract is concluded from the moment the seller sends the Order Confirmation to the Customer by email.
8. TERMS AND METHODS OF PAYMENT
The total amount of the order, including shipping and handling fees, is due upon ordering or in advance. The payment methods accepted by the seller are only those indicated on the website, namely:
1/ Credit card via the Stripe.com platform
2/ Twint (for Swiss residents only)
3/ Advance bank transfer: to IBAN account CH61 0026 4264 1171 0740 X, including the order reference.
The customer has 10 days from the order date to make the bank transfer. After this period, the seller reserves the right to cancel the order without notice. Payments on the website are processed through a secure system provided by partner financial institutions. No banking information is collected by the seller.
9. DELIVERY | SHIPPING COSTS
The seller ships items sold through the website within Switzerland, to the Principality of Liechtenstein, and to Europe, to the address provided by the customer during the ordering process. Excluding delivery time and upon receipt of payment, orders are generally processed within 1 to 5 business days for items in stock. Shipping is handled by Swiss Post Ltd., hereinafter referred to as the carrier. Shipping costs are a flat rate. A total amount is indicated in the Order Confirmation.
The seller accepts no liability regarding the routing and delivery of goods by the carrier or if the contact information provided by the customer is incorrect. Indeed, the risks associated with shipping the goods are transferred to the customer as soon as they are handed over to the carrier by the seller.
The aforementioned delivery times and guarantees are purely indicative and not contractually binding. If the customer provides an incorrect address, refuses the package, or cannot receive it for any other reason, all costs incurred to retrieve the goods and resend the order will be charged and payable in advance. Customs duties, VAT, fees, and taxes that may be levied by the authorities of various countries for deliveries outside Switzerland are the responsibility of the Customer.
10. WARRANTY
Only incomplete items or items with material and manufacturing defects will be exchanged, under certain conditions (see RIGHT OF RETURN). The warranty does not cover normal wear and tear, accidental damage, or damage resulting from improper use or failure to follow the instructions for use.
11. RIGHT OF RETURN | DEFECTS
The Customer is required to check the condition of the delivered goods immediately to identify any obvious material and manufacturing defects, as well as any damage caused during transport. a/ Right of Return Please note that this right of withdrawal does not apply to personalized, custom-made, or exclusive products. These products are therefore not eligible for a refund. In the event of non-compliance, the seller grants the customer the right to return the ordered goods at their own expense within 7 calendar days from the delivery date. Only items returned in their original, unopened protective packaging will be eligible for a refund. Any documentation, original packaging, delivery note, or order confirmation must be included with the returned goods and sent to the following address: Clio Bernasconi – Chemin des Fieux 5b – 1893 Muraz – Switzerland. The goods will be inspected by the seller, who will then approve or deny the refund, verifying that the product has been returned complete and in a condition suitable for resale, as stipulated by the right of withdrawal.
If the merchandise meets the return requirements, a refund (excluding delivery, packaging, and handling fees, as well as fees and commissions charged by payment partners) will be issued as soon as possible to the bank account provided by the Customer. If the merchandise does not meet the return requirements, it will be returned to the Customer, who will not be eligible for a refund.
The right of return does not apply to virtual goods (gift voucher purchases) which are not payable in cash. Return shipping costs are entirely the responsibility of the sender, except in cases where the return is due to an error by Aheadband in preparing the order. b/ Returns in case of defects: If a manufacturing defect is found, the Customer must inform the seller with a precise description (a photograph may be required) within 3 calendar days, otherwise the defect will be considered accepted.
The seller undertakes to replace the merchandise (with a similar item) or refund it (without interest) to the bank account indicated by the Customer, upon receipt of the returned merchandise. Any documentation, original packaging, delivery note, or order confirmation must be included with the returned merchandise sent to the following address: Clio Bernasconi – Chemin des Fieux 5b – 1893 Muraz – Switzerland.
12. LIABILITY
The seller cannot guarantee the absence of any technical malfunctions of the website and its links. Consequently, the seller disclaims all liability for any direct or indirect damages that may result from the installation of software used to access the website or from transmission errors, technical failures, overloads, or interruptions of communications.
13. INTELLECTUAL PROPERTY AND JURISDICTION
All data (texts, illustrations, icons, graphics, photographs, images, and any other elements) originating from the website are the exclusive property of Aheadband. The use, reproduction, publication, transmission, modification, or distribution, in any form or method whatsoever, of the constituent elements of this website (including software) is expressly prohibited. Failure to comply will entitle Aheadband to take legal action against offenders.
These general terms and conditions of sale, as well as any contracts concluded thereunder, are governed by Swiss law. The competent jurisdiction in the event of a dispute is that of the Canton of Valais, Switzerland.
14. MISCELLANEOUS
Should any provision of these General Terms and Conditions of Sale be or become invalid, or should these General Terms and Conditions of Sale contain unforeseen omissions, the validity of the remaining provisions or of these General Terms and Conditions of Sale as a whole shall not be affected. The applicable law shall replace the invalid or missing provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. Version of the General Terms and Conditions of Sale: April 21, 2021
