ARTICLE 1: PREAMBLE
The present general conditions of sale are systematically brought to the attention of each buyer (hereafter, “the buyer”), natural or legal person, to enable him to place an order on the present website to the exclusion of all other conditions.
The purchaser, prior to his order, declares that he has full legal capacity to commit himself under these general conditions of sale.
This site is only available to persons 18 years of age or older.
Consequently, any access, any use or any order of one or more products on the site www.treshermanos.ch implies the consultation and the full acceptance, without any reserve of the buyer to these general conditions of sale.
ARTICLE 2: CUSTOMER SERVICE AND STORE
For any information, questions or advice, our customer service is at your disposal:
Mail : Tres Hermanos SA, Avenue du Théâtre 7, CH-1005 Lausanne (VD)
Opening hours: Monday to Friday 9:00 am to 4:00 pm
E-mail : email@example.com
Tel : +41 (0) 021 321 15 15
ARTICLE 3: TRACEABILITY AND GUARANTEE
We strive every day to select and offer you the best quality cigars possible. The cigars we offer are from our own production and we can guarantee their origin.
By rigorously controlling the origin of our products, we can offer you the certainty that the cigars you buy are 100% original and not counterfeit, or grey market (lower quality cigars).
Tres Hermanos cigars can be sold individually, in boxes of 5, 10 and 25. Each cigar is individually wrapped in cellophane, which ensures that it does not dry out and lose its aromas. The cape sheet will thus be protected from production to the consumer. You will have the assurance that your cigar has not been handled by several people, which is often the case for unwrapped cigars.
Our first objective is the rigorous selection of the raw materials we buy. Therefore, we only work with producers who are under contract with Tres Hermanos. This guarantees and certifies the seriousness and the traceability of the cigars that you buy from us.
Each box is checked by our specialists before each order validation. The boxes are hermetically packed to allow the cigars to keep their optimal humidity during the transport of the product.
ARTICLE 4: PRICES
The prices of our products are indicated in Swiss Francs (CHF) and include Value Added Tax (VAT).
The selling prices of the products can be modified by Tres Hermanos at any time, being understood that the invoiced prices are those in force at the date of the order.
The costs of processing and shipping of the order are charged in addition.
ARTICLE 5: CUSTOMS DUTIES FOR COUNTRIES OUTSIDE SWITZERLAND OR EUROPE.
Some taxes or customs duties may be due when the package reaches its destination. These are the exclusive responsibility of the Buyer. Tres Hermanos is not obliged to inform the buyer of any customs duties or other applicable taxes.
ARTICLE 6: THE ORDER AND THE VALIDATION OF THE TRANSACTION.
There is no minimum order amount.
It is important to specify your phone number, address and e-mail when placing an order. When you validate the order, you declare to accept it as well as the entirety of the present general conditions of sale fully and without reserve.
Your order is then forwarded to our customer service for processing.
You can then print your order form…
We reserve the right to refuse any order from a customer with whom there is a dispute over payment of a previous order.
As soon as your order is registered, a detailed acknowledgement of receipt will be sent to your e-mail address. This acknowledgement of receipt will confirm the exact amount invoiced and the terms of delivery of your order.
ARTICLE 7: AVAILABILITY OF PRODUCTS
Treshermanos.ch makes every effort to ensure the availability of products.
If, despite all our efforts, the products initially indicated as being in stock should prove to be unavailable after the order, treshermanos.ch will inform the buyer by e-mail as soon as possible.
We guarantee the quality of our products, our customer service and our prices, in no case we are responsible for the non supply of our cigars from our importer. (Delay in delivery due to importer).
We distinguish availability as follows:
Item is in stock so ready to ship. You will receive your order under :
For Switzerland: 2 to 3 working days
For Europe : 5 to 10 working days (This time includes the customs control)
For other destinations see Article 9.2
In stock at the supplier:
Please note that the lead time is based on information provided to us by our suppliers. Unfortunately, it happens regularly that the suppliers themselves are not able to meet their deadlines and delay the delivery.
If we receive the products earlier than expected, we will send them to you as soon as possible.
ARTICLE 8: ACCEPTED PAYMENT METHODS
The buyer must pay his order via the means of payment proposed on the site.
The card is debited on the day of the order and is considered effective after the confirmation of the agreement by the bank processing centers.
The buyer guarantees that he has the necessary authorizations to use the method of payment that he will have chosen during the registration of his order form.
Treshermanos.ch reserves the right to suspend or cancel any order and/or delivery in case of non-payment of any amount due by the buyer, in case of payment incident or in case of fraud or attempted fraud related to the use of the treshermanos.ch website.
In the context of the fight against Internet fraud, the information relating to the buyer’s order may be transmitted to any third party for verification.
ARTICLE 8.1: SECURE PAYMENT
The payment is made according to the payment method authorized on the treshermanos.ch website.
The online payment by credit card is fully secured. The entire transaction is directed in encrypted mode to a bank validation server in SSL (Secure Socket Layer) mode. You can then make your purchases in complete security.
ARTICLE 9: DELIVERY AND SHIPPING COSTS
SECTION 9.1 GENERAL RULE
The delivery is made to the address that the buyer has indicated when ordering. It is up to him to provide all the details necessary for the proper delivery of the package. The transfer of risks on the products sold by our company is carried out with the handing-over of the products by our company to the conveyor.
The buyer is obliged to check the condition of the packaging and the contents of the goods upon delivery. If the buyer’s package was delivered directly into his mailbox is damaged, the buyer must go to his post office to report the deterioration of his package. If this is not done on the day of delivery, the post office may refuse to accept compensation.
ARTICLE 9.2. SHIPPING TIME
The shipping times are :
For other destinations: 15 to 20 working days (This period includes the customs control).
These deadlines are estimated: any possible overrun in terms of deadlines can give rise neither to damages, nor to a withholding or cancellation of the order by the Buyer.
If the goods are not delivered within (90) days, the buyer will have the possibility to cancel his order (except if the delay in delivery is due to a case of force majeure as defined by the jurisprudence of the courts).
The sums paid by the buyer for the products will then be returned to him within thirty (30) days following the buyer’s request for cancellation, to the exclusion of any other compensation. The buyer must make his request by e-mail to the address: treshermanos.ch
Treshermanos.ch cannot be held responsible for the obligation to deliver in all cases of force majeure (strikes, floods, fires, etc. without this list being limiting).
The unconditional acceptance of the products ordered by the customer covers any apparent defect and/or shortage. The complaint made by the purchaser under the conditions and according to the methods described in this article does not suspend the payment by the customer of the goods concerned. The responsibility of our company can in no case be called into question for facts during transport, destruction, damage, loss or theft, even if it has chosen the carrier.
ARTICLE 9.3 DELIVERY
The delivery is made by the deliveryman at the address indicated by the purchaser on the order form. An acknowledgement of receipt must be signed by the buyer. In case of absence, the buyer receives a notice of passage of the deliveryman, and can ask via internet for a delivery of his parcel the following day.
In case of non-reclamation of the package to the carrier within the time limit, and the return of the package to treshermanos.ch the customer will have the opportunity to return the package by paying again the shipping costs, regardless of the initial amount of shipping paid.
In case of return of a parcel by the Post Office for the reason “Does not live at the address indicated” and under the condition of receiving the products in perfect condition, treshermanos.ch will redeliver the parcel at the buyer’s expense.
ARTICLE 10: RETURNS
The customer is responsible for the products once they have been delivered, even if they are left on the customer’s doorstep or with a neighbor in the customer’s absence.
Complaints about the quality of the delivery are accepted within 5 days of receipt of the goods.
If the customer orders products by mistake, they can be returned to us for exchange, at the customer’s expense, no refunds possible.
ARTICLE 11: WARRANTY
The seller guarantees that the goods are manufactured, inspected and packed without material defects. The products must be checked by the customer upon delivery, and any reserve claim or dispute relating to shortages and apparent defects must be made within 48 hours of receipt of the order. Attach to your claim photos of the outside of the package and after opening a video of the entire contents.
In case of apparent defects, the defective elements will be replaced by us, subject to verification of the alleged defects.
The defects and deteriorations of the delivered products resulting from abnormal conditions of storage and/or conservation at the customer’s premises, in particular in the event of an accident of any nature whatsoever, will not be able to give rise to a guarantee due by our company, e.g.: storage near a source of heat without hydrometry, outside the established standards
Treshermanos.ch declines all responsibility for the resale of products outside of Switzerland.
The products offered are in conformity with the Swiss legislation. treshermanos.ch cannot be held responsible for the non-respect of the legislation of the country where the products are delivered. It is up to the buyer to check with the local authorities the possibilities of importing or using the products or services he/she plans to order.
ARTICLE 12: INTELLECTUAL PROPERTY
In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, the treshermanoscom website and all the elements, trademarks, designs, models, logos, graphics, etc. found on the said website, as well as their compilation, are the exclusive property of treshermanos.ch (Dentsupply.SA).
The reproduction or use of all or part of these elements is only authorized for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use constitutes an infringement and is punishable under the Intellectual Property Act, except with prior written authorization from treshermanos.ch.
All the technical documents given to our customers remain the exclusive property of www.treshermanos.ch, the only holder of the intellectual property rights on these documents and must be returned to him at his request.
Our customers undertake not to make any use of these documents that could infringe our company’s industrial or intellectual property rights and undertake not to disclose them to any third party.
ARTICLE 13: RELEASE OF LIABILITY
Treshermanos.ch is published by Dentsupply S.A., and is published “as is”. treshermanos.ch cannot be held responsible for any damages related to the use of this site, whether direct, indirect or consequential.
ARTICLE 14: RESERVATIONS
Treshermanos.ch reserves the right to modify the site and the conditions of sale at any time. In case of contradiction between the versions of a contract or the conditions of sale translated into different languages, only the French version shall prevail.
ARTICLE 15: LEGAL NOTICES
This contract is subject to Swiss law. The language of this contract is French. In the event of a dispute, the Swiss courts will have exclusive jurisdiction, with its place of jurisdiction being Lausanne.
Date: November 12, 2019