General Terms & Conditions

General Terms and Conditions of Sale (GTC)

1. Scope

1.1 These General Terms and Conditions of Sale (hereinafter: the GTC) apply between the buyer and Usines Métallurgiques de Vallorbe SA, as the seller. Their purpose is to regulate the conclusion and the contents of agreements relating to the sale and delivery of products to a buyer via the online sales platform.

1.2 The GTC constitute an integral part of the offer and of the sales agreement. They are mutually binding upon the parties and will solely prevail. Any other documents, such as prospectuses or catalogs, issued by the seller, are for reference purposes only.

1.3 By placing an order electronically, the buyer accepts these terms of sale and delivery. Unless notified in writing otherwise, the GTC are deemed accepted by the buyer.

2. Registration

2.1 When registering on this site, you must ensure the accuracy and completeness of the data you provide.

2.2 Please inform Usines Métallurgiques de Vallorbe SA of any change of address and other modifications by updating your personal data on this website as soon as possible.

3. Orders

3.1 There is no minimum order.

3.2 The sales agreement is concluded when the buyer has completed the ordering process and clicked the "Buy" button.

3.3 A confirmation e-mail is automatically generated and sent to the buyer. The buyer has the sole responsibility to verify that this email is not in a spam folder.

3.4 Most of the products presented on the website can be ordered online. Nevertheless, some items may temporarily not be available. The offer on this website is not binding and will depend on stock availability. For more details, Customer Service is able to inform the buyer.

3.5 Please note that the distance selling prices are only valid for purchases made on the website. Prices and delivery times are only valid for the quantities ordered.

4. Prices, Fees and Taxes

4.1 Our selling prices are net prices in CHF (Swiss Francs), unless stated otherwise.

4.2 Value-added tax (VAT), included in the selling price, is due at the rate in effect. The details of the VAT amount are mentioned separately in the summary of the order.

4.3 The prices for the ordered goods are those posted on this website on the date of the order.

4.4 All incidental expenses, such as packaging, transportation, insurance, tax, are borne by the buyer.

4.5 The delivery and packing costs amount to CHF 4.25 (four francs and twenty-five cents) per order.

4.6 Packaging may not be taken back.

5. Deliveries

5.1 Deliveries are made in Switzerland only.

5.2 Shipments are made from our head office in Vallorbe.

5.3 No delay in delivery may give rise to a claim for damages or to the cancellation of an order in process.

5.4 The seller reserves the right to make phased deliveries and to submit a separate invoice for each of them at no extra cost.

5.5 The delivery date is accessible via the tracking number sent in the shipping confirmation email following the purchase.

5.6 The buyer is responsible for ensuring the accuracy of the information regarding the order. Delivery is made by La Poste Suisse to the address that the buyer has designated when placing the order. In case a wrong address has been provided or in case a parcel is returned due to the buyer’s failure to pick it up, the latter will be charged with the cost of reshipment. In addition, we reserve the right to charge additional processing fees of up to CHF 50.- (fifty francs), imposed on the buyer. If 15 (fifteen) days after confirmation of shipment the buyer did not receive his order, nor has contacted Usines Métallurgiques de Vallorbe SA, then after this period, the goods that came back are restocked, and no credit will be issued to the buyer.

5.7 Products in stock are delivered within maximum 15 (fifteen) working days from the date of receipt of payment in full of the purchase price.

6. Terms and Methods of Payment

6.1 Payments are made online.

6.2 Payment in cash, payment by invoice or payment via bank transfer are not accepted.

6.3 The following methods of payment are accepted on the website : Postfinance account (PostFinance Card, PostFinance e-Finance), credit cards (Visa, Mastercard) or by the TWINT mobile app (Swiss digital wallet).

6.4 You are charged when placing the order.

6.5 Regardless of the means of payment used, no payment will be considered made until the seller's account is completely and irrevocably credited.

6.6 Special case: purchases with payment by invoice.

6.6.1 The purchases with payment by invoice are only accepted for companies.

6.6.2 The billing address and delivery address registered must be the same on the customer account.

6.6.3 The request for payment by invoice must be first validated by the seller.

6.6.4 Usines Métallurgiques de Vallorbe SA reserves the right to accept or not the payment by invoice.

6.6.5 The invoice is sent with the order.

6.6.6 The payment is due by the buyer within 30 (thirty) days from the date of the invoice.

6.6.7 The seller is at liberty to extend the payment deadline granted to the buyer. An amount that is not paid within the prescribed deadline may consequently, subject to other rights and without prior formal notice, result in the payment of default interest calculated at a rate of 5%. The buyer shall moreover pay all the costs resulting from the late payment, in particular the costs of issuing reminders.

7. Transfer of Risks

7.1 The risks are transferred to the buyer when the products leave the head office. As a result thereof, the goods travel at the risk and peril of the buyer.

8. Right to Cancel

8.1 The cancellation of an order implies the written and express acceptance by the seller.

8.2 In the event of cancellation of the order by the buyer and accepted by the seller, Usines Métallurgiques de Vallorbe SA reserves the right to charge a handling fee of maximum CHF 50.- (fifty francs) to be imposed on the buyer.

8.3 No cancellation will be accepted after the goods have been dispatched.

9. Receipt of the Goods and the Buyer's Duty of Control

9.1 Without derogating from the measures to be taken with respect to the carrier, claims relating to the quantity or nature of the goods must be made in writing within 7 (seven) days upon receipt thereof. In case of damage or loss of the goods during transport, the buyer must request the Post Office or the carrier to draft a report before accepting the goods.

9.2 The buyer must check the condition of the delivered products as soon as the goods are delivered to him. If, thereupon, he discovers apparent defects protected under the seller’s warranty within the meaning of Articles 10 and 12 GTC, he must notify the seller within 7 (seven) days of receipt of the goods. After this period, the products will be deemed accepted, subject to the presence of latent defects.

9.3 Latent defects are defects that could not be ascertained during verification and that are revealed at a later point in time. Such defects must be reported to the seller within a reasonable time. To claim such defects, the buyer must nevertheless activate the warranty within the period specified in Article 12 GTC.

10. Notice of Defects and Duties of the Buyer

10.1 The only defects giving rise to a warranty are material or workmanship defects.

10.2 If the buyer notices such defects, he must notify the seller in writing in the manner specified in Article 9 GTC.

10.3 If the buyer wishes to preserve his right to the warranty, he must keep the defective products. In the event of latent defects, he must stop using them as far as possible. He must in any case refrain from intervening himself or from involving a third party for this purpose, except with the express and written consent of the seller. He must return the defective products to the seller at the latter’s first request. The seller will bear the costs relating to his actions, provided that he finds a defect that is guaranteed under this present section.

10.4 The right to the warranty provided in Article 12 GTC expires prematurely if the buyer has breached the aforementioned duties.

11. Return of the Products

11.1 Returns are accepted only with the prior written consent of the seller. No return will be accepted if the products have been used.

11.3 We deduct handling charges, except in case of erroneous deliveries or in case of defective tools.

11.4 All product returns must be in their original packaging and must be accompanied by a duly completed return form.

12. Warranty Due to Defects

12.1 Unless stated otherwise, the products are guaranteed for a period of 1 (one) year from the date of delivery. If proof of such defects is provided, the seller has the duty, at his option, to repair the defective products or replace them as quickly as possible and without charge. No claim for damages will be taken into consideration.

13. Exclusion of the Warranty

13.1 Any compensation for damage other than resulting from the warranty due to defects as specified in Articles 10 and 12 GTC is expressly excluded. The buyer alone is liable for the risk associated with the use and installation of the products.

13.2 Defects and deteriorations caused by natural wear or by an external accident (including incorrect assembly, defective maintenance, abnormal use, improper storage), or by a modification of the product that is neither foreseen nor specified by the seller, are excluded from the warranty.

13.3 Moreover, and even if a defect covered by the warranty is accepted, the buyer or a third party cannot claim damages for loss of production, operating losses, business losses or any other direct or indirect damage.

14. Intellectual Property Rights and Copyright

14.1 All intellectual property rights shall remain the property of Usines Métallurgiques de Vallorbe SA. Any reproduction of the products is strictly prohibited, except with the express written authorization of the seller. Likewise, any use of graphic or textual content, images, photos, illustrations or trademarks without the express written authorization of the seller is prohibited. Reproductions and duplications of any kind, even partial, require the express written authorization of Usines Métallurgiques de Vallorbe SA.

14.2 Any reproduction (except private copies), act of communication to the public, total or partial representation of this website and of elements thereof, by any means whatsoever, without the express authorization of Usines Métallurgiques de Vallorbe SA is prohibited and constitutes an infringement punishable by the legislation in force.

14.3 The buyer is only authorized to use the website and its contents to the extent necessary for its online consultation in accordance with the terms of use. He may download and print information about the products and services of Usines Métallurgiques de Vallorbe SA, including the product catalogs, for his personal use only. Therefore, he may not reproduce, execute, publish or modify all or part of the website and its contents without the prior consent of Usines Métallurgiques de Vallorbe SA.

15. Disclaimer

15.1 The information published on the website is provided by Usines Métallurgiques de Vallorbe SA for personal use and for informational purposes only.

15.2 In view of the constant technological evolution, Usines Métallurgiques de Vallorbe SA reserves the right to modify at any time the illustrations, dimensions, designations and other indications without prior notice. Measurements and other indications in the form of text and images appearing in the documents issued by Usines Métallurgiques de Vallorbe SA are not binding.

15.3 Usines Métallurgiques de Vallorbe SA excludes all liability for damages directly or indirectly related to the use of the website, to the documents that can be downloaded on this site, as well as to the hypertext links it contains. More specifically, Usines Métallurgiques de Vallorbe SA assumes no liability and cannot be held liable for any damage caused to computers, both hardware and software, of users of the website, for whatever reason. Under no circumstances may Usines Métallurgiques de Vallorbe SA be sued for compensation of any economic damage, in particular due to data loss, interruption of activity, loss of profit or expected savings, loss of goodwill and damages due to delay.

15.4 Usines Métallurgiques de Vallorbe SA reserves the right at any time and at any hour to deactivate, without notice, all or part of the functionalities of the website, without right to compensation.

15.5 The website may include hypertext links to other sites that are subject to their own terms of use and privacy policy. Usines Métallurgiques de Vallorbe SA makes no representations or warranties regarding these other sites, their contents and their use of your personal data. Therefore, Usines Métallurgiques de Vallorbe SA cannot be held liable for damage resulting from access, navigation or use of these other sites.

16. Force Majeure Event

16.1 The usual circumstances that meet the definition of force majeure are external, extraordinary, unpredictable events of insurmountable violence, leading to the breach of a universal duty or obligation, such as war, terrorist act, riot, fire, natural disaster, strike or accident.

16.2 The party subject to the force majeure event shall notify the other party, as soon as possible, of the existence of the impediment and the consequences on its ability to perform. As long as the force majeure event continues, and the execution of the agreement has become objectively impossible, the agreement is suspended.

16.3 In case force majeure event occurs that is likely to last more than 15 (fifteen) days, the parties must immediately agree on the measures to be taken to reduce the effects of the impediment and to remedy the obstacle as soon as possible.

17. Governing Law

17.1 The GTC are exclusively subject to Swiss law both with respect to their interpretation and execution. The rules of the Vienna Convention on Contracts for the International Sale of Goods are expressly excluded. In the event of a dispute regarding the interpretation of the GTC, only the French version will prevail.

18. Jurisdiction

18.1 Only the courts at the corporate seat of the seller are competent in the event of a dispute or disagreement of any kind or nature relating to the formation and execution of the order. The buyer expressly waives any other place of jurisdiction, more specifically the place of jurisdiction of his domicile.

19. Data Protection

19.1 The website uses a traffic analysis service of Google Inc., Google Analytics, which uses "cookies". Information about your use of this website generated by the cookie (including your IP address) is sent to a Google server located in the United States. These are stored there. Google will use this information to evaluate your use of the website, to draft reports on the activities of the website to the attention of the operator of the website, and to provide other services related to the use of the website. You may prohibit the installation of cookies by changing the corresponding setting in your browser; however, we draw your attention to the fact that, in this case, you will not be able to fully use all the functions of the website. By using the website, you agree to the processing of your data by Google within the meaning of what is described above and for the purposes mentioned above.

19.2 By registering on the website, the customer chooses whether he wishes to receive advertising or other information from Usines Métallurgiques de Vallorbe SA, via various communication channels (e-mail, mail, SMS, phone). If he has subscribed to the newsletters, the customer can unsubscribe at any time, easily and free of charge, by following the instructions in the respective message or by contacting the Customer Service of Usines Métallurgiques de Vallorbe SA.

19.3 For more information, please visit our page on data protection.

Date: 11/07/2018

Version 2.0

Usines Métallurgiques de Vallorbe SA, November 2018.