1. General provisions
These general conditions of sale (hereinafter, “General Conditions”) apply to all distance sales of ProtoXtype® products (hereinafter, “Products” or “Product”) carried out through the www.protoxtype.com website (hereinafter, “Website”).
Distance selling services described in these General Conditions are only available to consumers (hereinafter, “Clients” or “Client”) being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18 (or, if they are minors, duly authorized by their legal representative).
The language used to enter any contract through this Website is alternatively Italian or English
Clients are required to carefully read the General Conditions, which have been made available on the Website to enable Clients to acknowledge, store and reproduce them.
Contracts entered into with SVR Development SA (as defined below) through the Website are governed by Swiss law, with the exclusion of conflict of law rules.
2. Identification of the vendor
The vendor is: SVR Development SA, Via Coste 3 B 6853 Ligornetto (hereinafter, “SVR”)
3. Information on Products and their availability
Information on Products, along with the relevant product codes, are available on the Website.
The Products available on the Website are a selection of items normally available in stores.
Not all Products described on the Website are or will be available from all ProtoXtype stores.
All the Products are subject to availability . SVR reserves the right at any time to alter limits on quantities and/or types of Products available online from the Website. The style, models and colours of the Products described on the Website may be changed without notice. During the transaction process, an automatic response will inform the Client when the order will be fulfilled or if the order cannot be processed due to the unavailability of the ordered Product.
The prices of the Products are indicated on the Website in Franchi (CHF) and are already included of VAT and all import duties, but excluding delivery costs which shall be added to the price of the Products and are indicated separately on the order form.
The essential characteristics and the price of each Product are provided for each Product displayed on the Website.
If Clients need to correct any errors in data they have entered, they should follow process provided on the Website, before sending their order proposal. In particular, Clients may alter the quantity of Products that they intend to purchase by adding or removing one or more Products from their “shopping bag”.
By sending an order proposal to SVR, the Client acknowledges and declares that (s)he has read all the instructions provided during the purchase procedure and fully accepts these General Conditions.
6. Method of payment
Clients may pay for the Products and the relevant delivery charges by credit card
The transactions will be debited from the Client’s credit card only after:
(i) the credit card data has been verified;
(ii) the authorisation to debit the card has been received from the issuer of the card used by the Client, and
(iii) the availability of the Product has been confirmed by SVR and the order is therefore ready to be fulfilled.
No debit shall be made at the moment of transmission of the order proposal, with the exception of the charge necessary to check the credit card’s validity, if any.
In the event that, for any reason, it is impossible to debit amounts due from the Client, the transaction shall be stopped and the sale cancelled.
7. Conclusion of the contract
The contract between SVR and the Client shall be deemed to be executed at the moment that the Client receives confirmation from SVR that his/her order proposal, sent through the process set out on the Website, has been concluded successfully, once the availability of the Product has been verified and the price for the purchase has been debited to the Client’s credit card. SVR can decide, at its own discretion, whether to accept or not an order proposal from a Client or to inform the Client about its incapacity to process it.
SVR reserves the right to partially fulfil any order proposal in the event that one or more of the Products ordered by the Client is not available. In such cases, only the sum relating to the partially fulfilled order proposal shall be debited.
SVR shall not be liable for errors due to Client’s connection to the Website.
At the moment of confirmation of the order or execution of the contract, SVR shall provide the Client, by email, information on the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, the address to which complaints may be addressed. The Client should immediately review this communication and notify SVR of any errors or omissions immediately.
8. Invalidity of the order proposal
Notwithstanding the provisions of Paragraph 7 above, no order proposal shall be considered as accepted by SVR nor shall any contract be concluded between SVR and the Client if SVR has reasonable reason to believe that the Client:
(i) intends to purchase the Products for commercial or professional purposes;
(ii) is not a bona fide Client; or
(iii) attempts to exercise a right of withdrawal in any illegitimate manner.
In such cases, the order proposal sent by the Client shall be void and have no effect. SVR shall notify the Client, by email, of its non-acceptance of the order proposal and the failure to conclude the contract and shall also cancel any debit and/or charge against the Client.
9. Transport and delivery
For each order, SVR shall invoice the Products and send the invoice by e mail to the Client. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after it has been issued.
Delivery charges shall be borne by the Client and are indicated separately on the order form and invoice.
All purchases shall be delivered by Express Courier and Swiss post, from the day following that of the confirmation of acceptance of the order proposal, on the basis of the indicated availability. SVR is not responsible for delays that are unforeseeable and/or attributable exclusively to the Courier.
In all cases, except those of force majeure or unforeseeable circumstances, the Products shall be delivered within 30 (thirty) days from the day following that of the contract conclusion as per Paragraph 7.1 above, unless SVR notifies the Client, including by email, within the same term or by the last date agreed for delivery, of the ordered Products being unavailable, including temporarily unavailable. In this event, SVR shall reimburse any sums paid by the Client in respect of the order.
In the event that, in response to SVR’s notification of a delay in the delivery, the Client wishes to cancel the order, any amount already paid by the Client shall be reimbursed as soon as possible, in all cases no later than 30 (thirty) days of the date of receipt of the Client’s notification of cancellation of the order.
The Client or his/her nominated representative must be present at the delivery address indicated on the order for delivery of the Products. At the time of delivery of the Products by the Courier, the Client is required to verify:
(i) that the number of items being delivered corresponds to that indicated on the delivery note; and
(ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner. Any damages to the packaging and/or the Product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier delivery note. Once the Courier’s document has been signed, and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the consigned parcel.
10. Dispatching and delivery confirmation
SVR shall send the Client a confirmation email once the Products are dispatched and a further communication once the Products have been delivered.
11. Right of withdrawal and cancellation of orders
SVR seeks the complete satisfaction of its Clients. The Client has the right to withdraw from the contract specifying the reason, by returning the Products, purchased from the Website, within 7 (seven) working days of the date the Products were received.
To exercise the right of withdrawal, the Client should email the following to firstname.lastname@example.org
an indication of his/her intention to exercise the right of withdrawal;
an indication of the Products for which the Client wishes to exercise the right of withdrawal;
the order number; and
the Client’s IBAN code to which the reimbursement is to be made.
Upon exercising the right of withdrawal, SVR shall reimburse the full price of the Products provided that they are returned by the Client unworn, unused and undamaged, accompanied by the relevant original invoice and the ProtoXtype packaging. SVR shall accept returns and exchanges of Products that have been delivered with a return/exchange label or adhesive or seal only if the instructions for return indicated above are fully complied with and the label or adhesive or seal is intact and attached to the Product.
SVR reserves the right to refuse returns of Products that do not comply with these requirements. In cases of defective Products, the provisions of Paragraph 15 “Lack of conformity” shall apply. Reimbursements shall be made by the same method of payment used for purchase. Products purchased online cannot be reimbursed or exchanged for money at ProtoXtype® stores.
The cost of returning the Products shall be borne by the Client. Any cost sustained by the Client in the return of Products is not refundable.
SVR undertakes to reimburse the Client within 30 days of the date of receipt of the Client’s notification of cancellation of the order or receipt of the withdrawal.
SVR shall send a notification email once the reimbursement has been made.
It is recommended that the Products be returned insuring the entire value of the item and using a tracked delivery service. SVR cannot be responsible for reimbursement or compensation of Products returned but not received by SVR due to loss, theft or damage that is not attributable to SVR.
12. Lack of conformity
The legal guarantees established by Swiss material law, in particular by the rules set forth in the Swiss Code of Obligations apply to the sale of the Products.
13. Errors or inaccuracies
SVR undertakes to provide up to date information in the sections of the Website relating to the description and/or sale of the Products. However, SVR cannot guarantee the Website will be error free. The Website in question may contain typing errors, inaccuracies or omissions, for example relating to the price or availability of the Product or in the information provided on the Product. SVR reserves the right to correct such errors, inaccuracies or omissions, even after an order proposal has been sent, and also reserves the right to change or update information at any time without prior notice.
14. Applicable law and competent jurisdiction
These General Conditions are governed by Swiss law (with the exclusion of conflict of law rules) and must be interpreted in accordance with Swiss laws.
Any disputes arising from the interpretation, validity and/or execution of these General Conditions shall be subject to the mandatory territorial jurisdiction of the competent court of the place of residence or domicile of the Client/consumer.
For further information and assistance with the Website or on the methods of purchase online, the Client may contact SVR by email to email@example.com or by post to the following address:
SVR Development SA
Via Coste 3B CP 30
CH 6853 Ligornetto (Switzerland)