Brunschwig & Cie SA
Online purchases
General terms and conditions of sale

April 2020

I. Cope of application of the present conditions

(a) Online purchases


The present general terms and conditions of sale (hereafter “GTC”) apply to the sales of goods by Brunschwig & Cie SA (hereafter “Brunschwig”) to the customer base (hereafter “customer”) as part of the online shop (hereafter “BG Online Shop”).


(b) Exclusions:


- In-store purchases:

Purchases in the stores are subject to their own general terms and conditions of sale, stated on https://www.bongenie-grieder.ch/en/gtc-store.


- Purchases on the website "BG OUTLET":

Purchases on BG Outlet are also subject to their own terms and conditions of sale, accessible under https://www.outlet.bongenie-grieder/ch/en/stc-outlet-1.

(c) BG cards: additional conditions


- Brunschwig issues different “Bongénie Grieder” cards proposed to its customer base as means of payment or to accumulate customer advantages for the offered goods and services (“Crescendo” credit card, “Adagio” loyalty card and Bongénie Grieder gift card).


- The conditions of use of these “Bongénie Grieder” cards can be consulted in our BG stores, as well as in the FAQ on the website https://www.bongenie-grieder.ch/en/faq-1.

II. Orders


1. QUALITY OF THE PRODUCTS:


The range of products sold on BG Online Shop is composed of articles created by renowned designers from the high-end premium and luxury segments. Brunschwig receives the latter directly from their producers or authorized dealers, and guarantees their authenticity.


2. AVAILABLE PRODUCT RANGE:


- The range of goods available on BG Online Shop is common to the general stocks available in all of the Brunschwig stores. It can however differ from the assortment in the stores and fluctuate at any time according to the purchases of our customers online or in-store.


- Therefore, and in spite of the attention given by Brunschwig to update the BG Online Shop website, certain items present in the assortment on BG Online Shop can be unavailable.


- The goods sold on BG Online Shop are illustrated on the website by digital images. Brunschwig takes no responsibility for minor differences that may appear visually between these presentations and the actual object in what concerns the product’s characteristics.


3. SALES CONCLUSION – CONDITIONS:


- At reception of an online order, Brunschwig will notify its sender with an acknowledgement receipt. This acknowledgement receipt does not yet conclude the solicited sale. The notification has for sole aim to inform the sender of the order that Brunschwig works with resolve to meet their request. It remains subject to the availability of the requested items or one of the impediments stated below in point II. 3.
Should it be impossible to honour the online order, Brunschwig may be obliged to proceed to its partial or total cancellation, without being held responsible in any way.


- Orders can only be made by and sent to residents in Switzerland and Liechtenstein, and only to their shipping addresses in Switzerland and Liechtenstein.


- The placing of an order on BG Online Shop requires the indication by its sender of a certain amount of personal data, which benefit from the protection indicated in article VII hereafter. In case of false indications, Brunschwig reserves the right to engage civil or criminal proceedings.


- The goods of the product range in the BG Online Shop are intended for retail sale.
Brunschwig reserves the right in its sole discretion to refuse the conclusion of a sale (in particular if the intended purchase seems to aim the resale to a third party) or if need be to limit the maximum deliverable amount per article and customer.


- Brunschwig can furthermore refuse or suspend its acceptation of an order without indication of motifs. Such situations will however only intervene in particular circumstances, Brunschwig being sole judge of the opportunity.


4. WEBSITE GENEVEAVENUE – IN-STORE WITHDRAWAL OF ITEMS:


Our range of products is also available on the website GenèveAvenue, and can be set aside for withdrawal in-store. This booking is however subject to the acceptation confirmed by a GenèveAvenue mail to the concerned party, who at reception of this confirmation disposes of maximum three work days to withdraw the items in the shop where they were booked.

III. Price and payment

1. PRICE:

- The prices of the items available for sale are indicated in Swiss Francs (CHF) and include all related taxes (VAT).


- Brunschwig reserves the right to modify the prices at any time.


- In principle, the price for a same article is identical in all Bongénie Grieder stores, as well as on Bongénie Grieder’s online websites. However, it may be subject to promotional actions that may intervene in a distinctive way, that is to say either solely in one of the online shops BG Online Shop or BG Outlet (excluding the Bongénie Grieder stores), or solely in the Bongénie Grieder stores (excluding the online shop websites).


- In any case, the applicable price is the one in effect for the sale by the concerned way of distribution (that is to say the price of the day in the concerned Bongénie Grieder store, or the price of the day of the internet transaction on the concerned website) – and this independently from a possible price difference for the same article if bought via a different way of distribution.


- Packaging and shipping costs are at the exclusive charge of Brunschwig.

2. PAYMENT METHODS:


On BG Online Shop, Brunschwig accepts the following payment methods:


- by means of debit or credit cards recognized by the electronic payment terminals (MasterCard, Visa, American Express, Postcard)
- by means of the different “Bongénie Grieder” cards emitted by Brunschwig and subject to the conditions indicated in above mentioned I (c)
- by means of PayPal
- by means of TWINT
- by payment on invoice. The invoice is attached to the corresponding shipment of the order. It is due within the 14 days following to the date of emission.
The payment on invoice is limited to orders not exceeding the amount of 500 CHF and is subject to the concluding result of a solvency test operated by Brunschwig. The customer has to authorize such a solvency test explicitly when ordering on invoice.
The solvency test is operated by solutions placed at our disposal by service providers with the aim to combat fraud.
For any order, Brunschwig reserves the right to refuse the payment on invoice without indication of motif.


3. SECURITY:


- For any electronic payment method, the sent data is encrypted and secured in application of the recommendations of our providers, namely SIX Payment Services for all credit and debit card payments as well as TWINT, and PayPal Pte Ltd. for PayPal.


- Furthermore, please also refer to the point VII. PROTECTION OF PERSONAL DATA hereafter.

IV. Shipping – Reception of the ordered items

1. SHIPPING:

- The shipping address has to be in Switzerland or Liechtenstein exclusively.


- In principle, shipping takes place within 1 to 5 work days from the reception date of the order.


- Any damage claims in case of delayed deliveries are excluded.

2. RECEPTION OF THE ORDERED GOODS:


- It is the customer’s responsibility to verify the content of his order at reception of his parcel.


- In case of reclamation, any documentation as well as the item in its shipping packaging are to be kept – also consult VI. RETURNS OF ITEMS, point 3. Conditions.
Brunschwig’s customer service is to be contacted immediately on the phone or by e-mail as stated hereafter:


Le service-clientèle de Brunschwig est à contacter sans tarder au numéro ou à l'adresse suivants:



0800 245 245
support(at)bongenie-grieder.ch
(from Mondays to Fridays from 8 am to 12 am and from 1 pm to 5 pm)

V. Guarantee in the event of default

1. PRESENT DEFAULTS ON PURCHASED GOODS:

The items proposed by Brunschwig in its stores and on the websites benefit from the high quality level expected for the concerned labels. The quality of the items is controlled by Brunschwig at their reception from the providers.
However, should an item purchased at Brunschwig should be subject to a default due to a production anomaly or an incident during the transport or storage, the articles 197 and following of the Swiss Code of Obligations are applicable.


2. PROCEDURE TO BE FOLLOWED IN THE EVENT OF DEFAULT:


In the event of a reclamation in the sense of defaults as stated above, the following procedure is to be followed:


- The customer has the legal responsibility to examine the purchased item without delay after its purchase and to notify Brunschwig at the discovery of such defaults, otherwise, the article is considered as accepted.


- Should a default in the legal sense be effectively verified, it will be remedied according to the dispositions provided by law (refund of the purchase price or price reduction according to the circumstances). Any return of goods to Brunschwig if need be has to respect the procedure indicated in point VI. RETURNS OF ITEMS hereafter.


- In the event of a default that would be undetectable at first, warranty claims apply up to two years after the acquisition date of the defective item – this, however, is subject to the strict application of the above-mentioned procedure (in particular immediate notification of the hidden default to Brunschwig as soon as it is discovered).

VI. Returns of items

1. PRINCIPE:

- Apart from returns of goods to Brunschwig subject to the situations provided by law, Brunschwig, at its sole discretion, grants the possibility to the customer to cancel their purchase.


- Any article can be returned directly in one of the Bongénie Grieder stores or sent back by post.


- Returns by post are at the customer’s charge, who also bears the related shipping risks.


Whatever the cause of the return, the conditions stated in the below-mentioned points VI.2 and VI.3 are to be applied strictly.

2. RETURN TERM:


The return of goods is only possible within 14 days after invoice date.

3. CONDITIONS:


In any case of return (in-store or by post), the respect of the following conditions is indispensable:


- The invoice document, as well as the return voucher (generated on “My Account”, then “My Orders”) have to be attached to the returned goods. The return motif is mandatory in order to generate the voucher.


- The article has to be shipped in its original packaging maintained in an appropriate state – also consult article IV.2. RECEPTION OF THE ORDERED GOODS. Shoes have to be returned in the shoe box. The shoe box cannot, however, be used as shipping packaging.


- The returned item has to be in an absolutely new and intact state (unworn, unwashed), with all original labels attached.

4. DISCOUNTED ITEMS:


The above-mentioned return conditions in points VI.2. and VI.3. also apply to items sold at discounted prices.

5. EXCEPTIONS:


- Apart from the event of returns as provided by law (errors or goods with defects), perfumery items and cosmetics, as well as lingerie items and swimwear cannot be returned.


- Bongénie Grieder gift cards are also excluded from exchanges, and their cash refunds are excluded.

6. BRUNSCHWIG’S FREE APPRECIATION:


Brunschwig reserves the right to refuse any return of goods at its free appreciation should the above-stated criteria not be respected.

7. REFUNDS:


- Should Brunschwig consider that all above-mentioned return conditions are reunited, the returned article can be refunded – or exchanged (in-store only) according to the customer’s request.


- The refund is proceeded according to the same payment method as the one used at the order. According to the retained payment method, the refund will be effective within two working days at the latest after reception of the goods by Brunschwig.


- In case of the return of items payed by a gift card, a new gift card credited with the same amount is edited and sent to the customer.


- In case of a partial return of articles ordered on invoice, the price of the returned article is deducted from the invoice, the balance of the amount is due.

VII. Protection of personal data

1. BRUNSCHWIG’S COMPLIANCE WITH THE APPLICABLE LEGISLATION:

Brunschwig strictly follows the applicable legislation concerning the protection of the customer’s privacy according to the code of ethics of remote trading established by the Swiss association of mail order (ASVPC).

2. INTERNAL PROCEDURES:


- In order to be able to use certain services proposed by Bongénie Grieder, in particular to place a first order on BG Online Shop, the customer has to create an account which he can modify or delete at any time. The personal information has to be given with exactitude. Without these pieces of information, BG Online Shop cannot treat any orders.


- Any personal information registered on the website (address, purchases) is treated in the strictest confidence.


- At any time, the customer can modify or delete his personal data on the website (address, purchases, etc.) under “My Account” and “My personal information”.


- Bank information is never in the possession of Brunschwig, any transaction being directly conducted in a secured manner by our payment partners – also consult above-mentioned point III.3.


- BG Online Shop uses permanent cookies. The latter simply provide the registration of customer transactions, and aim to facilitate their upcoming visits on the websites or future orders and to adapt the offer to their preferences. It is possible to authorize cookies in the security parameters of the used web browser.


- Brunschwig uses the web user’s data via Google Analytics in an anonymous way, in order to obtain analysis concerning the usage of BG Online Shop. Google Analytics solely provides Bongénie Grieder internal market surveys, in order to adapt the organisation of BG Online Shop to the customers’ needs.


- Brunschwig does not communicate data related to its customer base, the only exception being its service providers having to assist in the execution of online sales or to accomplish statistical analysis. To each of these auxiliary services, this information remains strictly available in the accomplishment of the tasks entrusted by Brunschwig: treatment of orders or payments, shipping, credit investigation or statistical analysis. These service providers are themselves subject to the legislation on the protection of personal data.

VIII. Reservation of ownership

The ordered items remain the property of Brunschwig until payment of the total amount. The latter can in case of payment default claim the return of the goods in their original state, and reserves the right to engage proceedings or to claim damages.

IX. Amendments to these GTC

Brunschwig reserves the right to modify at any time the present general terms and conditions of sale. Any amended version comes into effect at the date stated in the present article.

Current version: April 2020

X. Applicable law

The present terms and conditions of sale as well as any procedure and transaction subject to it are exclusively subject to Swiss right.

Brunschwig & Cie SA - Bongénie Grieder
Contact for any question or notification:
BG Online Shop:
Brunschwig & Cie SA
3-5, Chemin de la Marbrerie
CH-1227 Carouge GE
Phone number: 0800 245 245
E-mail addess: support@bongenie-grieder.ch