General Terms and Conditions of Sale (GTC)

1. General

1.1 These General Terms and Conditions of Sale (hereinafter referred to as the "General Terms and Conditions of Sale" or "GTC") apply to all activities carried out by Pull up SA (hereinafter the "Company"), a company with its registered office at Rue Jean-Violette 30, 1205 Geneva, Switzerland, and in particular to the activities and services provided through its website (klode.ch) (hereinafter the "Website"), which enables customers to place orders and enter into contracts (hereinafter referred to as "Orders") via the klode online store.

1.2 These GTC are available at all times on the Website klode.ch and shall prevail over any other document. Pull up SA reserves the right to amend these GTC at any time. The version of the GTC in force at the time the Order is placed shall apply. Customers are responsible for consulting them regularly to stay informed of any changes.

1.3 These GTC apply to all sales and services carried out through the Website, including, in particular, all sales concluded by email or through any other binding expression of intent.

1.4 The Customer declares that they have read and accepted these GTC by checking the corresponding box before completing the online ordering process on klode.ch. By declaring that they have read and understood these GTC, the Customer acknowledges, by accessing the Company's Website and using its services, that they are bound by these General Terms and Conditions of Sale.

2. Offer

2.1 Pull up SA markets various products (Mint, Lime, filters, holders and accessories) (hereinafter the "Products"). The offer is intended for natural persons and legal entities whose residence or registered office is in Switzerland. Products are delivered only to addresses located in Switzerland or Liechtenstein. For delivery to another country, please use the European website www.klode.co.

The offer is valid as long as it appears in the online store and subject to production capacity, as specified when the Order is placed. We reserve the right to modify the offer at any time.

2.2 Images displayed in advertisements, brochures, the online store, the Website, social media, etc., as well as all information relating to the Products, are provided solely for illustrative purposes and are not contractually binding.

The specific information relating to each Product shall prevail.

3. Intellectual Property

3.1 Pull up SA owns all intellectual property rights relating to the Website. Customers shall take all appropriate measures to ensure that they do not infringe any intellectual property rights, in particular when using the Website's content, images and texts.

Any use of these photographs requires prior written authorization or a request by email to info@klode.co (Pull up SA). The procedure for contacting us is set out at the end of this document. Without the Company's prior written consent, any use of these photographs is prohibited.

4. Prices

4.1 Prices are stated in Swiss francs (CHF), including VAT.

The prices displayed in the online store at the time the contract is concluded shall apply.

The purchase price must be paid in full by the Customer upon conclusion of the contract.

4.2 Certain prices include handling, shipping, transport and delivery costs for the countries served (see Section 2 – Offer).

4.3 Certain prices do not include handling, shipping, transport and delivery costs. These costs are charged separately under the conditions specified on the Website.

4.4 The amount payable by the Customer corresponds to the total purchase price, including any applicable charges.

Resellers may contact Pull up SA (info@klode.co) to obtain the reseller price list and the applicable special conditions.

5. Order Validation

5.1 Please note that the goods offered in our online store do not constitute a binding offer to enter into a contract, but merely an invitation to place an order. By placing an Order, the Customer submits an offer to Pull up SA to conclude a purchase agreement.

Before placing an Order, you declare that you have read and accepted these General Terms and Conditions of Sale, together with the rights and obligations arising from them. Final confirmation of your Order constitutes acceptance of these GTC as well as the Privacy Policy.

The Customer may access and modify their Order at any time before its final confirmation (payment confirmation).

Please follow the steps below:

5.2 Step 1: Selecting Products

The Customer selects the Products they wish to order on the Website and follows the ordering procedure available on the Website.

Once selected, the Product is added to the Customer's shopping cart.

5.3 Step 2: Reviewing and Confirming the Shopping Cart

The Customer reviews the contents of the shopping cart by clicking the shopping cart icon in the upper right corner and then "View Cart" to access a summary of the selected Products and verify their contents. This summary displays the price of each Product and the total amount of the selected Products.

Once the Customer has reviewed the Order, they must confirm the shopping cart by clicking "Proceed to Checkout" again.

5.4 Step 3: Entering Billing and Delivery Information

The Customer must complete the form with their billing and delivery details.

Fields marked with an asterisk (*) are mandatory.

The Customer then reviews all the information provided.

5.5 Step 4: Entering Payment Details and Confirming Payment

The Customer selects the preferred payment method. The payment page is secure.

The Customer may choose Twint, in which case they will be redirected to the Twint payment procedure. If the Customer chooses to pay by credit card, they must complete the form with their payment details, including the card number, expiry date and security code (the three-digit security code printed on the back of the card). Once the Customer confirms payment, the Order is recorded and becomes irrevocable.

 

6. Order Confirmation

6.1 Once all the steps described in Section 5 (Order Validation) have been completed, the Customer will automatically be redirected to an order confirmation page on the Website, which serves as an acknowledgment of receipt of the Customer's Order. In addition, the Customer will receive an acknowledgment of receipt by email. Once the Order has been submitted, the Customer may no longer modify or cancel it.

6.2 Pull up SA reserves the right to limit order quantities. Pull up SA may, without providing any justification, refuse all or part of an Order. In such cases, the Customer will be informed and any payment already made will be refunded. Any further claims are excluded.

6.3 The data recorded by Pull up SA shall constitute conclusive proof of Orders. The data recorded by the payment system shall constitute conclusive proof of financial transactions.

7. Conclusion of the Contract

The contract between the Customer and Pull up SA is concluded when the Customer accepts the offer made by Pull up SA through the Website.

8. Registration

8.1 Customers undertake to provide accurate and valid contact details. In the event of any changes, Customers are responsible for informing Pull up SA accordingly.

8.2 The email address provided by the Customer must be valid. All information relating to the Order will be sent through this channel. It is the Customer's responsibility to check their emails, including spam or junk folders. Communications sent by email shall be deemed received no later than 24 (twenty-four) hours after being sent by Pull up SA.

9. Purchase

The Products are primarily available through the Website and through a network of distributors authorized by the brand. Authorized distributors will be listed on the Website where applicable. Any other purported reseller is unauthorized.

10. Availability

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

11. Delivery

11.1 Products are delivered by Swiss Post, through our shipping service provider Pro Entreprise Sociale privée, for Orders placed by Customers whose permanent residence is in Switzerland or Liechtenstein. The Customer assumes responsibility for the delivered Products in all circumstances.

11.2 Customers undertake to provide accurate and valid contact details. Pull up SA shall not be held liable for any failure to deliver resulting from an incorrect or outdated address.

No Orders will be accepted from minors or persons lacking legal capacity, unless written authorization has been provided by their legal representatives or guardians.

11.3 The transfer of risk and benefit to the Customer takes place upon delivery of the goods to the carrier or when the goods leave our premises.

12. Warranty

Pull up SA provides a two-year warranty, in accordance with Swiss law and Directive 2011/83/EU on Consumer Rights of 25 October 2011. The information provided on the Website is for information purposes only and shall not under any circumstances give rise to liability on the part of Pull up SA. Pull up SA shall not be held liable for any errors and/or omissions that may appear on the Website.

By using the Website, the Customer assumes all consequences arising from such use, including taking all necessary precautions to protect their data and/or stored software against any damage (including viruses and hacking).

Any damage caused intentionally or through negligent use of the Product is not covered by the warranty.

13. Returns, Exchanges and Complaints

The Customer, as a consumer, has the right to cancel their purchase without giving any reason within 14 days of receiving the goods. The Customer will receive a full refund, provided that the Product has not been used, is in perfect condition with no signs of wear, and is returned in its original packaging.

The right of return applies for a period of 14 days following delivery (as evidenced by the postmark). The cost of return shipping shall be borne by the Customer.

14. Force Majeure

If Pull up SA, its suppliers or third parties appointed by it are unable to perform their obligations within the agreed time due to an event of force majeure, including but not limited to natural disasters, earthquakes, volcanic eruptions, avalanches, severe weather, thunderstorms, storms, war, political or social unrest, civil war, revolution, insurrection, terrorism, sabotage, strikes, nuclear accidents, damage to nuclear reactors or pandemics, Pull up SA shall be released from its obligation to perform for the duration of the force majeure event and for a reasonable period thereafter.

If the force majeure event lasts longer than 30 (thirty) days, Pull up SA shall be entitled to terminate the contract and shall refund the Customer the total amount paid. Any further claims, in particular claims for damages arising from force majeure, are excluded.

15. Payment Terms

15.1 Payments must be made in Swiss francs (CHF).

Payment must be made through a secure payment method, namely credit card or Twint. The purchase price is payable in full by the Customer when the Order is placed.

15.2 Payment data are exchanged in encrypted form using the protocol defined by the approved payment service provider handling the banking transactions carried out through the Website. All transactions are processed through our payment service provider Wallee Group AG and are then forwarded to the relevant payment processor, namely Twint AG for Twint payments and Concardis GmbH for credit card transactions.

15.3 Payments made by Customers shall only be deemed final once Pull up SA has actually received the amounts due.

15.4 Pull up SA shall not be required to deliver the Products ordered by the Customer if the Customer has not paid the full purchase price under the conditions set out above.

16. Governing Law and Jurisdiction

16.1 The place of jurisdiction is the registered office of Pull up SA in Geneva. In the event of a dispute, Swiss law shall apply, in particular Articles 184 et seq. of the Swiss Code of Obligations.

16.2 In the event of a disagreement or dispute, the Customer is invited to contact Pull up SA first. If no agreement can be reached, the parties may agree to submit the dispute to mediation through an out-of-court procedure.

To initiate mediation, Pull up SA and the Customer may jointly appoint a mediator of their choice.

16.3 Failing an amicable settlement, any dispute shall be submitted to the District Court of Geneva. These GTC and all transactions arising from them shall be governed by and construed in accordance with Swiss law.

Nothing in this Article shall deprive consumers of their right to bring legal proceedings, or to defend themselves in legal proceedings, in their country of residence or domicile, nor of their rights under the consumer protection legislation applicable in their country of residence.

16.4 These GTC have been drafted in French. If they are translated into one or more foreign languages, only the French version shall prevail in the event of a dispute.

17. Hyperlinks

The Website may contain hyperlinks to other websites (Instagram, Facebook, Twitter, etc.).

Pull up SA shall not be held liable for any damage resulting from access to these websites or from their content.

18. Data Protection

Pull up SA uses and processes the personal data collected through the Website in order to perform its services as effectively as possible and to optimize the use of the Website.

For further information regarding data protection, please refer to Pull up SA's Privacy Policy.

19. Severability

The validity of these General Terms and Conditions of Sale shall not be affected if any provision or annex is, or becomes, invalid or unenforceable. In such a case, the invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the purpose of the invalid or unenforceable provision. The same shall apply in the event of any contractual gap.

20. Contact Details

Pull up SA
Rue Jean-Violette 30
1205 Geneva
Switzerland

21. Contact

If you have any questions, please refer to the FAQ section of our Website. For any other inquiries, please contact our customer service at support@klode.co.

Updated on 15 August 2023

These General Terms and Conditions of Sale are protected by copyright. Any reproduction, distribution or other use of these General Terms and Conditions of Sale, whether modified or unmodified, is prohibited without the prior written consent of the author. Unauthorized use of these General Terms and Conditions of Sale will be subject to legal action.