- General Sales Conditions
- Article 1 : Application and modification of the conditions of sale
The following condition are a sale contract between the
seller, Xwaves, and the customer. All orders lead through the website
http://store.xwaves.net are thus diriged by these rules.
Xwaves has the right to modify these conditions, at any time, without notifying
anybody.
In case of litigation, only the French version of the general sales conditions (available here) is the legal reference.
- Article 2 : Availability of the products
- Our products are available as long as their appears on our
website.
When your order has been paid and reviewed by us you will receive a confirmation email containing the expedition and delivery date. Xwaves has however the right to modify the expedition date. In this case you will receive another email containing the changed dates. - Article 3 : Validity of the orders and electronic signatures
To be able to place an order, the customer has to be, at
least, 18 yers old and to have the ability to place orders on a website or to have
parental authorization to do it.
Xwaves takes the right to accept or decline any orders.
All orders signed by the customer by a "click" forms an irrevocable sales contract. The order cannot thus be canceled. It is thus a sales contract between the customer and Xwaves.
The click associated to the order process is an electronic signature. It has the same legal meaning as handwritten signatures.
- Article 4 : Price
Xwaves can modify the prices at any time but will apply
the showed price when an order is placed.
Prices are in Euro. The prices are not including any taxes like VAT. We are making our
possible to reduce these taxes to zero but in some case you will have to pay some fees
when receiving the products. Check with your local post office for more information.
- Article 5 : Payment and Security
You can pay the order by credit cards supported by
our billing partner.
The billing process is done on our partner servers: Paypal. It means that no financial
information is traveling through our server. The transaction is thus completely
secure.
You are obliged to register yourself to the Xwaves Store website before having the right
to place any orders.
The credit card information are encrypted and are sent only to Paypal servers. Xwaves has
never access to it.
- Article 6 : Shipping and delays
Xwaves send the orders to the address provided during the
order process. Xwaves cannot held responsible for any packet loss due to a wrong entered
address. Xwaves won't pay any cost related to the resending of the orders.
Packing cost are included into the shipping cost. There is thus no additional packing
cost.
The shipping is done by "La Poste Suisse" and by its partners. The expedition and
shipping delays will be send along with the confirmation email. The delays are in working
days. Saturday and Sunday are not working days. The provided delays are indicative and
can change. Any change will then be communicated to the customer.
If the expedition and shipping delays are not respected, no financial compensation can be
requested neither any law suit against Xwaves can be placed. Xwaves can be put on formal
notice only after a written letter. This letter will only be treated if is received
one month after the announced expedition and shipping delays.
Receiving the order:
You have to verify the conformity of your order when you receive it.
You have to alert the shipping company (La Poste Suisse) by registered mail at the latest
in the 3 days following the reception of your order. Please send also a copy of this
letter to:
Xwaves
Ch. du Marais 9
1031 Mex
Switzerland
If the product has been damaged by the transport, you have to contact immediately your
local post office and do a reclaim there. Xwaves cannot be held responsible for any
damages caused by the shipping process.
Article 7 : Responsibilities
Xwaves cannot be held responsible for the impossibility to complete the contract in case
of unpredictable events like fire or water-flood. Xwaves cannot be held responsible
for all direct and indirect business or commercial damages like between capital loss,
profit loss, data loss, contract loss, or any damages or charges. In spite of the fact
that Xwaves products are developped to not make any damages to third party devices,
Xwaves cannot be held responsible if any devices are damages by their products.
The choice of a product and the purchase of a product is on the only responsibility of
the customer. The impossibility to use the products because, for example, of device
incompatibility cannot give rise to a compensation, a refund or implicate Xwaves
responsability, unless in the case of a proven latent defect, unconformity, or
defectiveness. In case of proven latent defect, you have the choice to have your device
exchanged by a new one (subject to availability), to cancel the order or to keep the
product.
In case of you do not receive the order after one month of the expedition date, you have
one month to inform us. Beyond of this delay we will not accept any reclaim.
- Article 8 : Return procedure
In case of defectiveness you must inform our customer
service before returning to us any order. The returned orders must be in their original
packages with a return number on them, given by our customers service. Without that, all
the packages will be refused.
You have a delay of 3 days:
-
for informing us of the defectiveness or non-conformity of our products.
-
after having informed us and verification of the latent defect.
When you have received or return agreement, you have 7 days to return to us the orders (The post stamp date is the reference). After this delay your package will be refused. The return has to be sent through the local post services in priority mail. We are not responsible if the package does not arrive to us.
The customer is in charge of any shipping cost. Xwaves will then paid the costs to send back the package to the customer.
The returned product will be repaired or exchanged by a new one. It is up to Xwaves to choose the best option.
Article 9 : Warranty, Insurance and After Sales Services
After 3 days (see Article 8 for more details), the product has no
warranty at all.
In case of failure during these first 3 days, reparations will be in charge of
Xwaves.
To be allowed to use the warranty it is important to keep the order bill in a safe
place.
The warranty will be canceled in the following cases:
-
The failures resulting from the modification of the original device or any original attributes of the device.
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The failures due to use of non-conform items along with the device.
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The failures due to the use of bad settings on the device.
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Missing the original instructions from Xwaves or the commercial or professional use of the device.
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The reparations of the device in any services which are not affiliated by Xwaves.
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The damages caused by a power failure of any external devices connected to a Xwaves product, attrition or misuses.
- Article 10 : Buyer obligations
- The buyer must use the product according to Xwaves specifications and must maintain it to assure the good functioning of it. The buyer must keep the original package, bills and any related material.
- Article 11 : Rights and legal place
- All the clauses in the General Sales Condition document (the present document) are subject to the Swiss laws. The legal place is in Lausanne, Switzerland.
- Article 12 : Society address
Xwaves Ch. du Marais 9 1031 Mex Switzerland Email: support[at]xwaves.net
To contact the Customers Service you have two possibilities:
-
By E-mail:
Directly at: support [at] xwaves.net -
Or by postal mail at:
Xwaves – Customers Service Ch. du Marais 9 1031 Mex Switzerland
Warning : Please specify the subject of your letter / email after Customers Service:
-
Justification
-
Ask for more information
-
Shipping
-
Warranty
Please also specify your full name, complete address and your bill and order numbers.
Last updated: 7nd August 2008, 14:15:00