1. Scope of application
These general conditions of sale (the General Conditions) shall apply to all orders placed by you, the buyer (the Buyer) through Kross Studio’s eShop (the eShop) hosted on the website store.kross-studio.ch (the Website), operated by Kross Studio S.A., a company located at Route des Avouillons 8, 1196 Gland, Switzerland (Kross Studio).
Validating an order via the eShop indicates the Buyer's acceptance of these General Conditions as in force at the time the order is validated.
Kross Studio reserves the right to change these General Conditions at any time by publishing a new version on the Website. The new version of the General Conditions shall be applicable to any order validated after its publication.
2. Conclusion of a purchase agreement
Any order validated by the Buyer on the eShop constitutes a binding offer to conclude a purchase agreement with Kross Studio for the goods concerned.
The purchase agreement comes into existence when Kross Studio accepts your order, by providing confirmation through the eShop or by email or other written communication, or by sending the goods ordered.
The information on the Website and eShop concerning goods and their prices is subject to change without notice. The Buyer will be charged the price displayed on this Website and/or eShop at the time the order is validated.
3. Price and additional costs
The prices on the Website and eShop are indicated in USD (United States Dollars) excluding taxes, duties and local VAT (Value Added Tax).
For deliveries in Switzerland, the VAT will be added automatically during the billing process.
For deliveries to countries other than Switzerland, taxes, duties and local VAT (Value Added Tax) will be charged directly through the shipping company.
Important note: Deliveries to countries other than Switzerland may imply customs duties, taxes and other costs (which may depend on many factors including, without limitation, the value, type of goods purchased, administrative costs and destination of the shipment) and which are not taken into account in any of the prices indicated on the Website and/or eShop. The Buyer must bear any custom duties and other taxes applicable in the country of delivery, as well as any other costs linked to delivery of the purchased goods outside of Switzerland. By accepting these General Conditions of Sale, the Buyer agrees to pay any customs duties, taxes or other costs that may apply in relation to the delivery in another country than Switzerland, and to indemnify and hold harmless Kross Studio for the same.
4. Terms of payment
The purchase price for the goods ordered becomes due immediately upon validation of the order by the Buyer. Payment may be done exclusively by any of the payment means accepted by the eShop at the time of validating the order. If the order is finally not accepted (due, for instance, to issues affecting stock or any other reason which Kross Studio may in its reasonable discretion determine), any part of the purchase price already paid shall be reimbursed to the Buyer on the account used by the Buyer to make the original payment.
The goods will be delivered to the address stated by the Buyer as part of the eShop checkout process and through a delivery service appointed by Kross Studio.
The expected delivery time mentioned on the Website is indicative and may be subject to customs clearance or other delays outside of the control of Kross Studio.
Some goods are made on order. In this case, the Buyer will be informed by email after validation of the order of the indicative expected delivery time. Kross Studio shall inform the Buyer of any delays, and communicate any modified delivery time to the Buyer. No withdrawal of orders will be accepted for any reasonable delivery delays which are not due to any fault on Kross Studio's behalf.
The Buyer must immediately check the goods upon delivery and directly express reservations to the transporter or refuse the goods in case of shipment error or defects. In the absence of the express reservation stating the defects, the goods shall be deemed to be accepted.
6. No withdrawal rights
The Buyer understands and agrees that there is no withdrawal right once the purchase is confirmed in conformity with article 2 above.
The right of Kross Studio to accept a return for replacement in conformity with article 7 is reserved.
Kross Studio warrants any goods delivered against defects for a period of two years. In certain cases, Kross Studio may exceptionally grant a longer warranty period, in which case such extended warranty period shall be expressly indicated on the goods' description page of the Website and/or eShop. Any extended warranty is administered by Kross Studio.
The Buyer may notify Kross Studio of any defect affecting the goods within the warranty period. In such cases, Kross Studio shall, at its discretion, replace or repair the goods in question.
Kross Studio shall not be liable for any damage caused to the Buyer, unless such damage is due to willful intent or gross negligence. In no event shall Kross Studio be liable for any indirect damages, including consequential damages or lost profits.
Any liability of Kross Studio shall in any event be limited to the purchase price of the goods.
9. Prohibition of assignment
The Buyer may assign contractual rights to a third party only with the prior written consent of Kross Studio.
10. Data Protection
The eShop is built on a platform provided by Shopify Inc, a company based in Canada. The processor has adequate protections in place and EEA personal data is received and initially processed by Shopify's Irish entity, Shopify International Ltd. You can find more information on https://www.shopify.com/.
11. Applicable law, competent courts
Any sale concluded on this website under these General Conditions of Sale shall be exclusively subject to Swiss law, without reference to its conflict of laws principles. The applicability of the United States Convention on the International Sales of Goods is hereby excluded.
Any disputes arising out of or in relation to these General Conditions shall be subject to the exclusive jurisdiction of the courts of Vaud, Switzerland. The right of appeal to the Swiss Supreme Court is reserved.
Kross Studio S.A. 2021