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The seller and the buyer hereby
agree that the present sale is subject to the following terms, which the buyer
expressly accepts. The buyer's attention is specifically drawn to the duties
described in section 5, the choice of forum form clause contained in the section
7 and the choice of law clause of the section 8.
Section 1
The goods displayed on the website of the seller do not necessarily fit the
delivered goods, in particular as to their size, colour, weight, brightness
and so on.
Section 2
The seller is not bound by any
obligation before the effective receipt by the buyer of an electronic confirmation
message from the seller, which shall be sent to the e-mail address indicated
by the buyer in the order form.
The seller retains the right
to refuse any order, without indicating the motives, or to restrict the quantity
of such order if it covers more than one specific good.
Except for the confirmed orders,
the seller retains the right to modify without notice the prices and any other
term of the sale.
Section 3
The ordered and confirmed goods
should be sent by regular postal service within five business days following
the sending of the confirmation message from the seller, to the delivery address
indicated by the buyer in the order form.
All risks pass to the buyer at
the time when the goods are handed over to the Swiss postal service or to any
private carrier in Switzerland.
Section 4
The total price indicated on the order form includes all taxes linked to the
sending and delivery of the goods. All other taxes, including the charges for
the importation due in the country of delivery must be paid exclusively by the
buyer.
Section 5
The sole buyer is exclusively
liable for the full conformity of the sale in his country of domicile or the
country and / or the country of delivery.
The buyer certifies being of
legal age, having the right and the authority to order such good, having previously
checked to insure that the order does not infringe any regulation of the applicable
law in the country of delivery or the country of his domicile and that all information
furnished to the seller are true.
The seller shall never be liable
on any ground what so ever for the non-conformity of the goods with the applicable
regulations.
Section 6
The goods are sold "as is". No warranty applies, except otherwise
stipulated in the documentation received with the goods themselves.
Within 10 days after reception, the buyer can ask
for a change of the articles or a refund. This can only be made if the articles are in good
condition (new), with all the original labels, the hygienic protection and original packing.
LiLiBiKiNi will than change the size. The buyer has to inform LiLiBiKiNi by
email. LiLiBiKiNi keeps the right to refuse an article if it is not in good conditions.
Section 7
Any dispute arising out of or related to the construction, the performance,
the non-performance or the breach of this agreement or this sale shall be exclusively
brought in front of the competent Court in the State of Vaud, Switzerland.
Section 8
Swiss law shall exclusively apply to any possible construction or interpretation
related to or arising out of the present sale.
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