Société Anonyme DEEP SERVICES, owner of the AKYADO brand, invites the purchaser to read these terms and conditions carefully.
Article 1: Scope of application
All orders placed regardless of the means used (telephone, e-mail, online store, exhibition, etc.), are governed by these general conditions of sale.
By placing an order, the buyer acknowledges having read and accepted them, without reservation.
These terms and conditions also apply to purchases made in the store, by demonstrating a willingness to purchase a product.
Article 2 : Conclusion of the contract
For in-store purchases:
Items displayed with a price indication constitute an offer. The buyer is deemed to have tacitly accepted the offer when he presents the articles at the cash desk for payment of the price, the sales contract is then concluded. The acceptance of the offer is equivalent to the acceptance of the general terms and conditions of sale.
For online purchases:
The products published online constitute an offer, which is always subject to the (resolutive) condition that delivery is possible.
The "shopping basket" allows the buyer to virtually select the items she likes. The buyer can consult, complete or modify it at any time during her visit to the site.
The contents of the basket will be definitively allocated to the buyer once the latter has validated his/her basket and delivery address, subject to the availability of the items.
The automatic recording systems are considered as proof of the nature, content and date of the order.
The Company confirms the acceptance of the order to the buyer at the email address that the latter will have communicated. The automatically generated order confirmation e-mail does not constitute a guarantee of availability or delivery. It only indicates to the customer that the Company has received the order and that the contract is concluded, subject to delivery being possible.
Article 3 : Order
The Company reserves the right, at its discretion, to suspend an order, particularly in the event of unpaid invoices or insolvency.
Any modification of the order requested by the purchaser can only be taken into consideration if it is received by the Company before the products are dispatched.
Article 4: Products sold
The Company reserves the right at any time to add new products, to delete all or part of the products sold or presented in its assortment, to modify them in order to improve them, to change their presentation or to cease marketing them, without being obliged to give prior notice to the purchaser.
The photographs, texts, illustrations and graphics illustrating the products are non-contractual and for information purposes only.
Changes may therefore occur between the photographs and the actual products.
Article 5: Prices
Our prices are in Swiss francs (CHF), including VAT and excluding shipping and handling costs.
The Company reserves the right to modify its prices at any time, without prior notice. Products will be invoiced on the basis of the prices in force at the time the order is placed.
The buyer may also benefit, during certain periods, from promotional offers on certain products, while stocks last.
Article 6: Billing
An invoice is drawn up for each professional purchase, sent and delivered by the Company to the purchaser at the billing address, or given in person when purchased in a boutique.
Any complaints concerning invoices must be notified to the company by post within 7 working days of receipt. Failing this, invoices are deemed to have been accepted without reservation.
Under no circumstances shall any dispute with the purchaser be considered as grounds for suspending payment of the undisputed part of the invoice.
Article 7: Payment
Article 7.1: Method of payment
For online purchases: All orders are payable in Swiss francs (CHF), by credit card, Twint or PayPal.
For in-store purchases: Orders are payable in cash, by credit or debit card.
Article 7.2: Payment terms
In the event of non-payment after formal notice, the company may withdraw from the contract (the order) without further formality in accordance with Article 214 of the Swiss Code of Obligations.
For in-store purchases: Payment is made when the goods are handed over to the buyer at the checkout.
For online purchases: Payment is made when the buyer validates the virtual "basket". Delivery takes place after payment. Incomplete delivery of an order does not justify refusal of payment for products delivered.
Article 8: Delivery
Article 8.1: Delivery method
Deliveries are made by La Poste, and goods are sent to the address given by the purchaser when the order is placed.
The purchaser may indicate a billing address different from the delivery address.
Article 8.2: Time limit
Delivery times in Switzerland are fixed at 3 working days. They are fixed. These times are given in good faith and are as precise as possible.
Deliveries are subject to stock availability and are processed on a first-come, first-served basis.
In the event of a product being out of stock, the Company will inform the purchaser, and will proceed, unless otherwise instructed by the purchaser, with partial delivery of the order. The missing products will constitute a back order, and will be delivered at a later date.
As a general rule, it is not possible to cancel an order if the product is out of stock.
Article 8.3: Addresses
The buyer may define a delivery address different from the billing address.
Article 8.4: Transfer of risk
In accordance with article 185 of the Swiss Code of Obligations, risk is transferred to the buyer upon conclusion of the contract. The buyer therefore bears the risk of the goods after acceptance.
Article 8.5.1 : Swiss delivery charges
Shipping and handling costs are at the buyer's expense, i.e. CHF 9.- for orders under CHF 40.-.
For orders over CHF 40.00, the cost of shipping and handling will be borne by the Company.
In the event of partial delivery due to stock shortage, undelivered products will be sent with the next order, or at the company's expense.
Article 8.5.2 : International delivery charges
The buyer is responsible for shipping and transportation costs.
Customs duties for deliveries outside Switzerland: Any applicable customs duties or import taxes are not included in the stated delivery costs and are to be borne by the buyer.
Customs or import taxes are due as soon as the package reaches its destination country. The buyer is responsible for paying any such taxes, and cannot anticipate them, as customs policies vary greatly from one country to another.
For further information, please contact the competent authorities in your country.
Article: 8.6 Follow-up
You can call 0840 840 900 (8am-12pm / 1pm-5.30pm) to check the status of your order.
Article 9: Receipt of products
It is the purchaser's responsibility to check the conformity and condition of the products dispatched without delay, in accordance with article 201 of the Swiss Code of Obligations.
In general, any reservations or observations made on the delivery note must be complete and precise.
If the purchaser fails to inspect the goods, the latter are deemed to have been accepted, unless the defects were not discoverable by the purchaser through normal inspections.
If such defects appear at a later date, they must be reported immediately. Otherwise, the goods are deemed to have been accepted.
Article 10: Return of goods
Article 10.1 : Satisfied or your money back
If the buyer is not completely satisfied with the items ordered, he/she may exchange them or obtain a refund within 30 days of purchase (invoice date).
Exchanges and refunds will be considered for unused items returned in their original packaging.
Consequently, any used or damaged item cannot be returned or exchanged.
Article 10.2 : Return address
Deep Services SA
Route du Tatrel 39
CH - 1617 Remaufens
Article 11: Warranty
In accordance with Article 210 of the Swiss Code of Obligations, our products are guaranteed against defects for a period of one year. During the warranty period and upon presentation of the invoice, defects will be rectified, unless we prefer to replace the defective item with defect-free goods. The warranty period begins on delivery of the goods.
Damage resulting from ageing is excluded from the warranty. Damage caused by misuse and/or improper treatment of the goods is also excluded.
No warranty is given for products which have not been purchased directly from the company.
Article 12: Liability
Article 12.1: Limitation of repairs
The Company's liability shall be limited to the amount received for the performance of the contract, to the exclusion of any compensation for personal injury or legal warranties (latent defects and eviction). No compensation is admissible, in particular: for lost profits, for damage to reputation and for consequential damages.
Article 12.2 : Delivery abroad
The products offered comply with current Swiss legislation.
The Company shall not be held liable in the event of non-compliance with the legislation of the country where the goods are delivered. It is the purchaser's responsibility to check with local authorities regarding the possibility of importing or using the products or services he/she wishes to order.
Article 12.3: Force majeure and acts of God
The company cannot be held responsible in the event of force majeure or unforeseen circumstances. Orders in progress are suspended until the company is in a position to honour them. If the force majeure continues for more than 3 months, the buyer may cancel the order by registered letter with 14 days' notice.
Force majeure is understood to mean any external, unforeseeable and irresistible event beyond the control of the Company. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to the cases usually accepted by case law: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Article 13: Intellectual property
All elements of this website are and remain the exclusive intellectual property of the Company.
No one is authorized to reproduce, exploit or use, even partially, elements of the site, whether software, visual or sound.
Article 13.1: Exceptions for the use of visual elements :
Legal exception: The use of the elements of the site is authorized in the case of private use in the conditions envisaged by article 19 of the federal law on the royalty and the close rights (LDA).
Exception subject to authorization: The use of visual elements is possible if the following conditions are met:
- The user requests and obtains authorization from the Company.
- The publication contains an express, clear and legible reference to AKYADO® on the element used.
- By using this website, the user declares in writing that all rights are reserved to the Company.
These conditions are cumulative.
In addition, the Company may make visual elements available on its site, under the heading "Media/Downloads", for which it grants permission to use.
Article 14: Changes to the general terms and conditions
The Company reserves the right to adapt and modify these terms and conditions of sale at any time. Each order placed after publication by the Company of the new version of its general terms and conditions of sale constitutes acceptance of the latter.
Article 15: Autonomy of provisions
The invalidity of any provision of these terms and conditions shall not invalidate the terms and conditions themselves or affect the validity of the remaining provisions. The invalid provision will be replaced by the corresponding legal provision.
Article 16: Applicable law and jurisdiction
These terms and conditions are expressly governed by Swiss law.
Any dispute relating to the interpretation or execution of these terms and conditions shall be submitted to the competent court in the jurisdiction of the company's registered office.
Signed in Remaufens on July 18, 2023.