General terms and conditions

1. Field of application

1.1 Generalities

The general terms of business (hereinafter referred to as the “General Terms and Conditions of Business” or “GTC”) apply to all activities provided by the company “Pull up SA”, (hereinafter referred to as “Pull up” or “the Company”), a company with its registered head quarters at Avenue de Chamonix 1, 1207 Geneva, Switzerland, and in particular to the activities and services provided through its brand klode°, its website and its sales channels, https://klode. ch (hereinafter: “the Website”) enabling orders to be placed and contracts to be concluded (hereinafter: “Order”) through klode°’s online shop.

1.2 Availability and applicability

These GTC are available at any time on the website http://klode.ch and shall prevail over any other document. The company reserves the right to change the GTC at any time. The version of the GTC valid at the time of the Order shall apply. It is the Customer’s responsibility to consult the GTC regularly in order to be aware of any changes.

1.3 Field of application

These GTC apply to all sales and services made through the Website, and all sales made by email, telephone, oral statement or any other firm expression of will.     

1.4 Statement

The Customer declares that he/she has read these GTC and accepted them by ticking the checkbox for this purpose before completing the online purchase procedure on the website https://klode.co. By declaring that he/she has read and understood them, the Customer acknowledges that he/she is bound by these General Terms and Conditions of Business.

2. Offer

2.1 Product

The Company sells an organic waste bin called Mint (hereinafter “the Product”). The offer is addressed to physical or corporate individuals who have their residence or registered office in Switzerland. The offer is valid for as long as it appears in the online shop and within the limits of the production capacities as specified when the order is placed. Changes to the offer are possible at any time.

2.2.      Product descriptions

The images shown in advertisements, brochures, the online shop, the website, social networks, etc., as well as all product information, are for illustrative purposes only. The specific product information is determinant. Pull up attempts to be as accurate as possible. However, Pull up does not warrant that product descriptions and other content of klode.ch website is accurate, complete, reliable, current, or error-free.

3. Copyright 

The Company owns all intellectual property rights relating to the Website. Any use of the photos, illustrations, or any other element of the Website must be requested in written form or by e-mail to Pull up. Contact information is provided at the end of the document. Any use of the photos or any other element of the Website is prohibited without the written consent of the Company.

4. Pricing

Prices are given in Swiss francs (CHF), including VAT. The prices shown are for the product only. The final payment requested from the Customer corresponds to the total amount of the purchase, including the processing and shipping costs according to the Customer’s choice at the time of the Order. The price indicated in the online shop at the time of the order prevails. 

5. Order placement

5.1       Choice

It is the Customer’s responsibility to select on the Website the Product(s) they wish to order and then follow the procedure indicated on the Website to place the Order.

5.2       GTC

The Customer shall finalise his/her Order by clicking on the “Order” button. By placing an order and accepting these GTC, the Customer certifies that he/she is of legal age and has legal capacity. Only Customers whose permanent residence is in Switzerland may place an order on the Website and no deliveries will be made outside Swiss territory.

5.3       Disclaimer

The Company is entitled to limit the quantities of the Order. Once the Order has been transmitted, the Client will receive an e-mail confirming that the order has been received by Pull up. The Client may no longer complete or cancel the order once it has been transmitted. The Company may, without justification, refuse all or part of the order. In this case, the Client will be informed, and any payments already made will be refunded. Any other claim is forbidden.

5.4       Proof

The data recorded at the time of the Order by the Company shall constitute irrefutable proof. The data stored by the payment system (Processor: Wallee, Financial operations: Concardis: Paypal, Credit card and Six payment services: Twint AG) shall constitute irrefutable proof of the financial transactions.

6. Registration

6.1       Information validity

The Client is committed to providing accurate and valid contact information. In the event of a change, the Client is responsible for informing the Company by mail or e-mail at info@klode.ch.

6.2       Checking E-mail

The e-mail address indicated and provided by the Customer must be valid. All information related to the order will be transmitted through this channel. The checking of e-mails sent by the Company, in particular spam or junk e-mails, is the responsibility of the Client. Communications sent by e-mail are considered to have been received within 24 hours after being sent by the Company.

7. Purchase

7.1       Product

The Product is exclusively available through the Website (klode.ch). Any other pretended reseller is illegal. 

7.2       Delivery Information 

The Customer who has selected and paid for the home delivery option will receive the Product at home, at the address he/she mentions at the time of ordering or at a new address he/she will have communicated, in case of change. If the Customer does not receive the Product, it is the Customer’s responsibility to check with the Company and to check their e-mail.

7.3       Provisions

Resale or use of the Product for commercial purposes in any form is prohibited. 

8. Availability

Pull up SA does not guarantee the availability of the Product. Availability is limited to production capacity. If the Product is out of stock, the Customer will be informed as soon as possible.

9. Delivery

9.1       Freight carrier

The Product is delivered by Swiss Post. The customer is charged a participation fee of CHF 6 for the delivery of the order.  The Customer assumes responsibility for the delivered Products under any circumstances.

9.2       Delivery deadline

Pull up makes every effort to ensure that the Products ordered are shipped as soon as possible. Delivery times may vary depending on stock and supply. These are always indicated on the product page at the time of the order. If nothing is displayed, Mint will be delivered within a maximum of 30 working days. Pull up makes every effort to deliver Mint within a maximum of 5 working days.  

9.3       Contact details

The Client commits to providing accurate and valid contact information. The Company shall not be held responsible for any non-delivery resulting from an incorrect or inaccurate address. The Client’s delivery address must be in Switzerland.

10. Warranty

The Product is covered by a 2-year warranty in conformity with Swiss legislation. By accepting these GTC, the Customer confirms that he has read and understood the recommendations for use. Wearing parts are not covered by the product warranty. Damage caused intentionally or by careless use of the product is not covered. Damage caused by washing in a dishwasher is not covered by the warranty. Damage caused by weather, rain, sun, hail, wind or any other external element is not covered.

11. Risks

All information transmitted through the Website is provided essentially for information purposes and may not in any case engage the responsibility of Pull up. By using the Website, the Customer assumes all the consequences that may arise from it. In particular, by taking all the necessary precautions to protect his data and/or stored software against any attack (virus, hacking etc).

12. Returns, exchanges and claims

All claims must be submitted within 10 (ten) days following receipt of the Product to The Company at info@klode.ch. Any order revocation due to waiting time will not be accepted. 

13 Force majeure 

If Pull up SA, its suppliers or commissioned third parties are unable to perform within the agreed timeframe due to force majeure, for example : natural disaster, pandemic, earthquake, avalanche, bad weather, war, political or social unrest, revolution and insurrection, terrorism, sabotage, strike or accident, then Pull up shall be released from the obligation to perform its service during these cases of force majeure as well as for an appropriate period of time following the end of these events. If the duration of the case of force majeure exceeds 30 (thirty) days, the Company shall be entitled to withdraw from the contract and shall reimburse the total amount paid by the Client. All other claims, in particular those concerning claims for damages resulting from force majeure, are excluded.

14 Terms of Payment

14.1     Terms and conditions

Payment must be made in Swiss francs (CHF). The price is paid by secure payment method, as follows: payment by bank card (credit card), by Twint, or by Paypal. The Customer pays the price in full when placing the Order.

14.2     Data encryption

The payment data are exchanged in encrypted form using the protocol defined by the approved payment service provider (wallee) for banking transactions carried out on the website https://klode.co

14.3     Validity

The payment made by the Client will only be considered as definitive once the Company has effectively collected the amounts due.

14.4     Deliverability

The Company shall not be bound to deliver the Product ordered by the Client if the Client has not paid the price in full in accordance with the conditions mentioned above.

15. Applicable law and jurisdiction

The place of jurisdiction is the headquarters of Pull up SA in Geneva, as of 18 September 2019. In the event of a dispute, Swiss law shall apply (and more specifically Articles 184 et seq. of the Swiss Code of Obligations, but excluding the 1980 United Nations Convention on Contracts for the International Sale of Goods (RS 0.221.211.1; CISG)) and any dispute shall be dealt with by the District Court of Geneva of 1st instance. These GTC and the operations arising from them are governed by and subject to Swiss law.

These GTC are written in French. If they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

16. Hyperlinks

The Website may contain hyperlinks to other websites (Instagram, Facebook, Twitter, etc.). The Company shall not be held liable for any damage resulting from the consultation of the platform of these sites or resulting from their content.

17. Data protection 

Pull up SA uses and processes the Client’s personal data collected through the Website with the aim of carrying out its mission in the best possible way and to make the use of the Website as optimal as possible. For further information on data protection, please refer to the Company’s Data Protection Statement.

18. Severability clause 

The validity of these General Terms and Conditions of Business shall not be affected if any of its provisions or annexes are or should be declared invalid. In this case, the invalid provision shall be replaced by a valid provision that comes close to the purpose of the invalid provision. The same applies in the case of a possible contractual loophole.

19. Contact details 

Pull up SA
Avenue de Chamonix 1
1207 Genève

Geneva, 25 September 2021

20. Contact

Do you have a question? Check out our FAQs. For any other questions, contact our customer service at info@klode.ch.

Updated in September 2021.

The General Terms and Conditions of Business are protected by copyright. Any reproduction, distribution or other use of the General Terms and Conditions of Business, whether in modified or unmodified form, is prohibited, except with the prior written consent of the author. Unauthorised use of the General Terms and Conditions of Business will be prosecuted.

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