General Conditions of Sale
These General Terms and Conditions of Sale (hereinafter the “General Conditions”) apply to any purchase made by an internet user/natural person (hereinafter the “CLIENT”) on the website https://www.easy-BARF.ch (hereinafter the “SITE”) from Kolyna SA, having its registered office at rue des Vollandes 60, 1207 Geneva, Switzerland, email: contact@easy-BARF.ch (hereinafter the “SELLER”).
1/ Preamble to the use of the Service
The SELLER offers various types of products via the SITE and its business activity consists in the sale of food products intended for domestic animals.
These General Conditions are intended to define the rights and obligations of the parties in the context of the sale of Easy-BARF products. They apply, without restriction or reservation, to all sales offered on the SITE.
Any order placed on the SITE implies unconditional acceptance of these General Conditions, which the CLIENT acknowledges having read, understood, and accepted in full knowledge of the facts.
The SELLER reserves the right to amend these General and specific Conditions of Sale at any time, without prior notice, it being understood that such amendments shall not apply to orders previously accepted and confirmed by the CLIENT.
2/ Legal capacity
The CLIENT declares that they are of legal age and fully capable of entering into a contract.
3/ Availability of services
The services of the SITE are normally accessible to the CLIENT 24 hours a day, 7 days a week, throughout the year, except in the event of interruptions, whether voluntary or not, regardless of the cause.
4/ Pricing of products offered for sale on the SITE
The sale prices of the products listed on the SITE are indicated in Swiss francs, all taxes included, it being understood that the products ordered are invoiced at the prices in force at the time the order is registered.
The sale prices of the products may be modified by the SELLER at any time, and such modifications shall be communicated to the CLIENT prior to any order being placed.
5/ Product Characteristics – Compliance
The SELLER endeavours to present as clearly as possible the main characteristics of the products (on the information sheets available on the SITE) as well as the mandatory information that the CLIENT must receive under applicable law (in these General Conditions).
The CLIENT undertakes to read this information carefully before placing an order on the SITE.
The SELLER reserves the right to modify the selection of products available on the SITE, in particular depending on constraints related to its suppliers.
Unless expressly stated otherwise on the SITE, all products sold by the SELLER are new and comply with applicable European legislation and Swiss standards.
In the event of a lack of conformity, the CLIENT may request either the replacement or the repair of the PRODUCT, at their discretion. However, if the cost of the CLIENT’s chosen option is manifestly disproportionate compared to the alternative, taking into account the value of the product or the significance of the defect, the SELLER may proceed with a refund without following the option chosen by the CLIENT.
6/ Availability
The offers presented by the SELLER are valid as long as they are displayed on the SITE and within the limits of available stock.
In the event that one or more products are unavailable after the order has been placed, the CLIENT shall be informed by email. The total amount of the order will be recalculated, and the CLIENT will be charged the new amount, excluding the unavailable products. If the entire order is unavailable, the CLIENT shall be informed by email and will not be charged or will be refunded. In such a case, the SELLER shall not be held liable for any loss suffered by the CLIENT, nor be required to pay any damages.
7/Delivery
The products offered may only be delivered within the territory of Switzerland.
The products are shipped to the delivery address provided by the CLIENT during the order process.
The CLIENT assumes responsibility for the delivered products, even if they have not personally received them. For the delivery of frozen products, the presence of the CLIENT is required.
Frozen meat products are shipped in insulated packaging specifically designed to maintain the cold chain. If the products are slightly or partially thawed upon receipt, this does not in any way affect their quality and shall not constitute grounds for a claim. They may be immediately refrozen or fed directly to animals.
8/ Orders
When the CLIENT confirms their order by clicking on the “Confirm your payment” icon, they are deemed to have accepted, with full knowledge of the facts, the content and conditions of the order in question, and in particular these General Conditions, as well as the prices, volumes, characteristics, quantities, and delivery times of the products offered for sale and ordered by the CLIENT.
The SELLER shall then confirm the order by sending an email to the CLIENT.
Furthermore, the SELLER reserves the right to suspend or cancel the execution of any order and/or delivery, regardless of its nature or stage of execution, in the event of non-payment or partial payment of any sum due by the CLIENT, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the SITE, including in connection with previous orders.
Furthermore, in the event of an error in the entry of the relevant email address, or in the event of non-receipt of the order confirmation email, the SELLER shall not be held liable. In such a case, the sale shall be deemed final, except in cases where the order is cancelled by the SELLER, in particular due to the unavailability of the products.
9/ Payments
All orders are payable in Swiss francs. Payment for purchases is made by means of a bank card, prior to dispatch. The SELLER reserves the right to charge the CLIENT for any additional costs incurred due to the payment method chosen by the CLIENT.
The CLIENT guarantees to the SELLER that they are fully authorised to use the payment card for the payment of their order and that such means of payment provide lawful access to sufficient funds to cover all costs resulting from their order on the SITE.
The SELLER shall not be held liable for any fraudulent use of the payment method used.
If the bank refuses to debit a card or any other means of payment, the CLIENT must contact the SELLER’s Customer Service in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever (objection, refusal or otherwise), the transfer of the funds due by the CLIENT proves to be impossible, the order shall be cancelled and the sale automatically terminated.
All payments shall be processed using a secure data encryption procedure to ensure that no information transmitted by the CLIENT is intercepted by third parties.
It is the responsibility of the CLIENT to save and print their payment certificate if they wish to retain the banking details relating to their transaction.
10/ Complaints
If products are delivered with visible damage to the packaging or contents, the CLIENT must immediately notify the delivery driver and refuse acceptance, without prejudice to their rights under the warranty for defects. The CLIENT must ensure that a damage confirmation notice is provided by the delivery driver. All transport-related damage must also be reported immediately to our Customer Service.
Furthermore, it is the responsibility of the CLIENT to immediately check the ordered products upon receipt and to store them properly (in particular refrigerated and frozen products). In the event of defects or discrepancies compared to the order, the CLIENT must notify the SELLER on the same day of delivery by email at contact@easy-barf.ch . Thereafter, only hidden defects may be subject to a claim and must be reported immediately upon discovery to the SELLER’s Customer Service. The amount paid by the CLIENT for the defective goods shall be credited to the CLIENT’s account. The SELLER reserves the right to request proof of the defect.
11/ Transfer of Ownership
The SELLER retains full ownership of the products sold until full payment of the price has been received, including principal, costs, taxes, and any mandatory charges.
12/Intellectual Property
All the visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark rights and/or patents. Any total or partial reproduction of the elements accessible on the SITE is strictly prohibited.
These elements are the exclusive property of Easy-BARF SARL. Any person who operates a website and wishes to create a direct hyperlink to the SITE must obtain prior written authorisation from Easy-BARF SARL.
Such authorisation shall under no circumstances be granted on a permanent basis. This link must be removed upon request by Easy-BARF SARL. Hyperlinks to the SITE using techniques such as framing or in-line linking are strictly prohibited.
13/Deactivation of the Client Account
Any breach by the CLIENT of the obligations set out in these General Conditions, any payment incident relating to an order, any actions contrary to the interests of the SELLER, or the provision of false information at the time of account creation, may result in the suspension of access to the SELLER’s services, or even the termination of the CLIENT’s account, depending on the severity of the conduct in question, without the CLIENT being entitled to claim any damages or compensation from the SELLER.
The SELLER reserves the right to refuse any order from a CLIENT with whom such a dispute exists, even if the CLIENT uses a new account.
14/ Customer Service
For any specific inquiries, Customer Service can be contacted by email at info@easy-barf.ch .
15/ Confidentiality
The information and data collected by the SELLER during any order placed by the CLIENT are necessary for the management of orders and for commercial relations.
They may be transmitted to companies involved in these relationships, such as those responsible for the execution of services and orders, including their management, execution, delivery, processing, and payment. Such information and data are also retained for security purposes, in order to comply with legal and regulatory obligations, and to enable the SELLER to improve and personalise the services offered and the information provided.
16/ Applicable Law and Jurisdiction
Any dispute relating to the performance or interpretation of these General Conditions shall be examined and resolved in accordance with the law applicable in Geneva (Switzerland).