TERMS & CONDITIONS
1. Scope of application
These General Terms and Conditions of Sale ("Terms and Conditions" or "GC") are applicable to all activities provided by the Company Rokai Sàrl (hereinafter the "Company"), a company located at Chemin des Sources 2, 1134 Chigny.
The Company is engaged in the marketing and/or production of natural cosmetic products, including but not limited to natural essential oils, natural carrier oils, natural candles, beauty products and wellness products. The company addresses both individual end consumers and companies based on personalised offers.
These General Terms and Conditions apply to all sales made by the Company, whether through the Company's website (www.rokai.ch), through resellers, through sales made by telephone, by e-mail, by oral declaration or by any other expression of will.
By accessing and using the Company's website, and in particular by purchasing the Company's products, the customer acknowledges being bound by these General Terms and Conditions, which the customer declares having read and understood.
The Company reserves the right, at its sole discretion, to modify these General Terms and Conditions at any time. It is the client's responsibility to consult them regularly in order to be informed of any modification. The Terms and Conditions applicable at the time of the conclusion of the contract by the client shall apply, unless the client has expressly agreed otherwise in writing.
2. Conclusion of the contract
The conclusion of the contract takes place at the time of acceptance by the customer of the offer proposed by the Company in connection with the purchase of the Company's products.
The contract is in all cases concluded as soon as the customer accepts the services offered by the Company and/or when he orders products on the Company's website or when he purchases its products directly.
Unless otherwise agreed, all prices are quoted in Swiss francs (CHF). The Company reserves the right to indicate prices in other currencies depending on the countries in which its products will be sold.
All prices quoted include additional amounts for value-added tax (VAT), where applicable. The applicable VAT rate is determined according to the country concerned.
Prices do not include any additional taxes that may apply.
Prices do not include postage and packing.
The Company reserves the right to modify its prices at any time. The prices indicated on the Company's website as well as those indicated on its price list apply at the time of the conclusion of the contract.
The company offers the customer the following terms of payment: Invoice, Credit Card, PayPal, Prepayment, Payment on the account.
As a rule, the sales price shall be paid in full by the customer upon conclusion of the contract. The Company will send the ordered products as soon as the sales price has been paid. In some instances, the Company may, at its sole discretion, issue an invoice to the customer and send the ordered products to the customer before the sales price has been paid.
The customer undertakes to pay the invoice within 15 (fifteen) days from the date of issue of the invoice.
If the invoice is not paid within the aforementioned period, the customer will be questioned. The customer will automatically be in default if he still does not pay the invoice within the additional period then set.
Upon notice of default, the customer undertakes to pay default interest of 5% (five percent).
If the company offers products for sale, rental or for any other use through an internet platform, it reserves the right to require payment to be made electronically as part of the order process (credit card, Paypal or other payment systems).
It is not possible for the customer to offset any potential claims against the invoice amount to be paid to the Company.
If the amount of the order is large, the Company is entitled to demand a deposit from the customer.
The Company reserves the right to waive delivery or performance in the event of late payment.
5. Obligations of the Company
5.1. Delivery / Delivery date
Delivery will be made within 7 (seven) working days following the order if it has to be made in Switzerland. Longer delivery times may apply in the case of international sales.
If timely delivery is not possible, the customer will be informed of the new delivery date or the availability of the product within 5 (five) working days following the order. The Company will endeavour to offer an alternative.
If the Company, its suppliers or mandated third parties are unable to perform within the agreed delivery time due to force majeure, e.g. natural disasters, earthquakes, volcanic eruptions, avalanches, bad weather, thunderstorms, storms, war, political or social unrest, civil war, of revolution and insurrection, terrorism, sabotage, strike or nuclear accident or damage to nuclear reactors, epidemic and pandemic, then the Company is released from the obligation to perform its services during these events of force majeure as well as during an appropriate period of time following the end of these events. If the case of force majeure lasts more than 60 (sixty) days, the Company is entitled to withdraw from the contract. The Company must then fully reimburse the sums already paid by the client.
All other claims, in particular claims for damages resulting from force majeure are excluded.
Unless otherwise agreed, the place of performance shall be the Company's registered office.
The service provided by the Company shall be deemed to have been performed when the products are handed over to the carrier selected by the Company.
The Company expressly reserves the right to engage auxiliary persons to carry out its contractual obligations.
An exchange of products is excluded.
The statutory warranty provisions shall apply.
The duration of the aforementioned warranties is 24 (twenty-four) months.
Any defects must be reported to the Company immediately. The Company shall then decide whether the defective product must be repaired or replaced. The customer only has a claim for reduction or reimbursement of the purchase price if replacement or repair is not possible. The customer may not request a replacement product during the repair period. The warranty period starts again for the repaired item and continues to run after the original warranty period for the other items.
A refund is excluded.
Any liability for indirect or consequential damage is excluded.
Liability for direct damage is limited to the sales price of the product/service. This limitation of liability does not apply in cases of intent or gross negligence.
The customer is obliged to inform the Company immediately of any damage.
Any liability of auxiliary persons is excluded to the extent permitted by law.
9. Intellectual property rights
The Company has all rights to the products and services it offers.
Neither these General Terms and Conditions nor the individual agreements relating to them deal with the assignment of intellectual property rights, unless this is expressly provided for.
In addition, any reuse, publication or distribution of information, images, texts or any other elements that the customer receives in connection with these provisions are excluded, unless expressly authorised by the Company.
The customer must ensure that it does not infringe any intellectual property rights of third parties when using content, images, texts or figurative elements when using them in connection with the Company.
10. Data protection
The Company shall process and use the data collected at the time of the conclusion of the contract in order to fulfil its contractual obligations. The Company shall take all necessary measures to ensure data protection in accordance with the legal provisions. The customer agrees to the storage and use of his data in accordance with the contract and is aware that the Company may disclose his data or those of third parties in the event of injunctions from a court or authority. Unless the customer has expressly excluded this, the Company is entitled to use his data for marketing purposes. The data necessary for the execution of the service may be transferred to service partners commissioned by the Company as well as to other third parties.
Data protection legislation shall apply.
These Terms and Conditions supersede any prior agreements or provisions. Only the provisions provided for in individual contracts which specify these General Conditions take precedence over them.
12. Salvator Clause
The validity of these General Terms and Conditions shall not be affected if any of its provisions or any of its annexes is or should be declared null and void. In this case, the invalid or void provision will be replaced by a valid provision that comes close to the purpose of the invalid or void provision. The same shall apply in the event of a possible contractual loophole.
The client, the Company and their auxiliaries undertake to keep secret all information that has been exchanged or acquired within the framework of the services performed. The obligation of confidentiality continues even after the end of the contract.
14. Agents and distributors
The customer accepts that any distributors or agents may work independently of the Company and that potential claims should therefore be directed against them directly. The Company declines all responsibility in the event of contractual breaches committed by possible agents or distributors.
15. Applicable law / Place of jurisdiction
These General Terms and Conditions are subject to Swiss law.
The courts located at the place of the registered office of the Company shall be competent to settle any dispute between the parties, unless mandatory legal provisions to the contrary exist.
The Company shall be free to institute legal proceedings at the defendant's seat/domicile.
This agreement is an acknowledgement of debt within the meaning of Article 82 of the Swiss Federal Debt Enforcement and Bankruptcy Act (BAG).
The application of the United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is expressly excluded.
For any questions or requests for information, the customer can send an e-mail to the following e-mail address: firstname.lastname@example.org.
We will be pleased to answer you!
Rokai Sàrl (GmbH)
Chemin des Sources 2,
VAT Number: CHE-176.094.442
Commercial Registry of Vaud
Company Number: 5184.108.40.2060
Ioana-Madalina Dinu & Bianca-Cristiana Dogaru