Terms of Sales

1.a This website for the sale of goods and services via the Internet and/by points of sale is operated by the company:

Blumeo SNC
Vallon Road 26
1030 Bussigny
CH – Switzerland
(Hereafter also called Blumeo)

1.b The CG form an integral part of the contract concluded between Blumeo and the Client. The provisions which derogate from the GCS are only binding if they have been expressly accepted in writing by Blumeo. Contrary conditions issued by the Customer are not recognised.

1.c The product offer in Blumeo is intended solely for natural persons and companies (hereinafter jointly referred to as Client(s)) who have their domicile or registered office in Switzerland, who can have the items delivered (cf. figure 3.2) and indicate a delivery address in Switzerland.

2.a The Customer can choose items from the assortment of Blumeo products and collect them in a “basket” by clicking on “add to basket”.

2.b By clicking on “order and pay”, the Customer makes a purchase offer which binds him relating to the items in his basket and declares that he accepts these T&Cs.

2.c The order confirmation sent immediately afterwards by means of an automatic email proves that the Customer's order has arrived at Blumeo but does not yet constitute acceptance of the buyer's offer.

2.4 A contract is concluded only by the declaration of acceptance of Blumeo, which is sent by email (confirmation of purchase) to the Customer, at the latest however by the sending of the ordered articles or the notice of update arrangement.

2.5 If an item ordered is not available, Blumeo reserves the right not to accept the Customer's offer, so that no contract is concluded. The Customer is informed by email. Any amounts already paid for the items ordered will in this case be refunded to the Customer.

2.6 If only some of the items ordered are available or if the items ordered exceed the usual quantity for a household, Blumeo reserves the right to accept the Customer's offer for only some of the items, so that a contract is concluded only with respect to these articles. The Customer is informed of this by e-mail. Any amounts already paid for the remaining part of the items will in this case be refunded to the Customer.

2.7 If it should prove, after the conclusion of the contract, that the items ordered cannot be delivered in whole or in part due to force majeure or for reasons not attributable to Blumeo, the latter is entitled to withdraw in whole or in part of the contract. The Customer is informed of this by e-mail. Any amounts already paid for the corresponding items are either fully refunded (in the event of full withdrawal from the contract) or up to the price of the items that cannot be delivered (in the event of partial withdrawal). The Customer cannot assert any other claim.

2.8 In the case of items that must be pre-ordered (which cannot be added directly to the Customer's basket), the contract is only valid after acceptance of the offer by Blumeo. The Customer is thus informed by the delivery of an additional contract or any other agreement validly concluded according to Swiss law.

3.1 Deliveries are made only on Swiss territory. Orders are delivered to the address provided by the Customer when ordering. In order for the delivery times to be respected, the Customer must make sure to communicate an exact and complete address. Blumeo is entitled to make partial deliveries. Additional deliveries are made upon receipt of the goods. If Blumeo mentions delivery or availability times, these are indicative times without commitment. If a delivery or availability deadline indicated by Blumeo is not respected, the Customer is entitled, at the end of an additional period of 10 days which he sets in writing, to withdraw from the contract for with regard to items which have not been delivered or made available. Any amounts already paid will in this case be refunded to the Client. The Customer cannot assert any other claim.

3.2 The Customer is informed by email when the items are entrusted to the carrier for delivery. Blumeo reserves the right to choose the carrier.

3.3 The responsibility of Blumeo is limited to the amount of the order, the risks of the thing pass to the Customer as soon as the items are handed over to the carrier. Items are insured against damage occurring in transit to the extent that the value of the items exceeds the carrier's maximum liability limit. In order to preserve its rights against the carrier and/or the insurance company, the Customer must, upon receipt of the shipment, ensure that the items are in good condition and delivered in their entirety. In the case of a package that arrives damaged, open package, torn or damaged during transport or apparent differences in quantity, the Customer must submit a detailed and written reservation to the carrier. The Customer must immediately report damage occurring during transport or differences in quantity which are not apparent, at the most however within 48 hours, to Blumeo's customer service department by email at the following address: Blumeo, rue du Simplon 5, CH-1800 Vevey. Unreserved acceptance (in the case of damage occurring during transport or apparent quantity differences) or the expiry of the five-day period (in the event of damage occurring during transport or non-apparent quantity differences) results in expiry. rights against the carrier and/or the insurance company.

3.4 The delivery and placement of the items must be reasonably possible without the use of means such as hoists, cables, special vehicles or similar means. It is up to the Customer to indicate in advance the existence of any difficulties and/or obstacles during the delivery or installation of the items and to find out about any consequences in terms of costs. Items whose place of destination cannot be reached directly by the carrier, are transported to the nearest place (eg lower station of a cable car).

3.5 The Customer is obliged to accept the shipment. If it turns out that a shipment cannot be delivered and that the items are returned to Blumeo, the latter reserves the right to waive the late performance of the Customer's obligations relating to the items not received, without setting any extra time. Blumeo is also entitled to claim damages based on non-performance of the contract. The Customer cannot exercise the right of return on items not received (see figure 6).

3.6 If the Customer decides to withdraw the items from the point of sale, he must justify this by email when the order is available. The risks of the thing pass to the Customer with the notice of availability. To collect the items, the Customer must present the notice of availability and an identity document issued by an administrative authority with photo (identity card, driving licence, passport, etc.).

3.7 The Customer has a period of 10 days to return the package upon receipt of the notice of availability. If the Customer does not withdraw the order within ten days, Blumeo reserves the right to waive the late performance of the Customer's obligations relating to items not withdrawn, without setting any additional time. Blumeo is also entitled to claim damages based on non-performance of the contract. The Customer cannot exercise the right of voluntary return on items not withdrawn (see figure 6).

4.1 Payment for products is made upon validation of the order. All prices displayed are indicated in Swiss francs (CHF), VAT (at the legal rate) included. Any recycling fees are also included.

4.2 Any delivery costs and any additional costs (eg surcharges depending on the means of payment chosen) are indicated separately and invoiced to the Customer in addition.

4.3 Blumeo reserves the right, and the Client agrees, to carry out a credit check of the Client and his address, to collect information on this subject and to transmit the Client's data to third parties for this purpose. Blumeo bases itself in this respect on the indications of the Client and account is taken of information from third parties. The Customer can only use the means of payment indicated at the end of the ordering process.

4.4 The agreed price, the delivery costs and any additional costs (see section 4.2) are due immediately. The Customer is in default, without reminder, at the time of the first delivery or attempted delivery (see figure 3.2), of the first withdrawal or at the end of the 10-day withdrawal period (see figure 3.3.) or respectively on expiry of the payment terms for the “purchase against invoice” payment method (see section 4.5). The costs and expenses of Blumeo or third-party suppliers in connection with the recovery of amounts due, in particular reminder costs, default interest as well as the costs of transferring the debt to a collection service, are the responsibility of the Customer. The amount of such charges is governed by the separate contractual terms of the third-party provider whose services are used by the Customer. Blumeo also reserves the right, at the end of an additional period of at least 10 days that it has set, to renounce in whole or in part the late performance of the Customer's obligations, to claim all or part of the any items already delivered and to claim damages based on non-performance of the contract.

4.5 If the Customer opts for the "purchase against invoice" payment method, invoicing and collection of payments are managed by a third-party supplier in the name and on behalf of Blumeo. The third-party supplier is the exclusive point of contact for all questions concerning the invoice. The "purchase against invoice" payment method is intended exclusively for private individuals who have the exercise of civil rights and are domiciled in Switzerland or Liechtenstein, the billing and delivery addresses must be identical. The payment method “purchase against invoice” is governed by the contractual conditions of the third-party supplier which apply in addition to these GCS.

4.6 If the Customer opts for the “immediate payment” payment method, he uses, for payment processing, the services offered at the time of the order on Blumeo. The entry by the Customer of the access data required for online banking services is carried out on the web platform made available by Blumeo. This data is not stored there. This web portal as well as the corresponding technical infrastructure necessary for the transmission of access data are beyond the sphere of influence of Blumeo. Consequently, Blumeo fully declines all responsibility for the use of this method of payment by the Customer.

4.7 In the event of purchase on account with option of partial payment (POWERPAY) MF Group / POWERPAY offers as an independent payment provider the type of payment "Payment on account". The order invoice simply allows you to pay for your online purchase by invoice. If you waive a timely payment, you will retroactively receive the following month a monthly invoice with an overview of the order. Upon conclusion of the purchase contract, POWERPAY assumes the invoice claim and handles the processing of payment terms. As part of the purchase on account, you accept in addition to our GTCs, the GTCs of POWERPAY.

5.1 The items remain the property of Blumeo until full payment of all claims resulting from or in connection with the purchase made. The Client authorizes Blumeo to proceed, at the Client's expense, to the corresponding registration in the register of reservations of title.

6.1 Blumeo grants the Customer a voluntary right of return for a period of 14 days from the first delivery or the first withdrawal of the items. The right of return is subject to the condition that the item is not damaged, does not show signs of use and is returned in its entirety (including all accessories and documents delivered in the packaging).

6.2 To exercise the right to return items and initiate the related process, the Customer must proceed as follows.

In case :

a) items whose original packaging has been opened, damaged or is no longer available, the Customer must contact Blumeo customer service by email at the following address: info@opi.605 .myftpupload.com

b) unopened items whose original packaging is not damaged, the Customer may, in addition to the possibility given to him in letter a), return the items to the following address Blumeo, rue du Simplon 5, CH-1800 Vevey. In all cases, the risks and costs of transport or return are the responsibility of the Customer.

6.3 The Customer must present the original invoice. Blumeo has the right to reimburse the price in the form of gift cards and reserves the right to waive the reimbursement of any additional costs (for example the costs of the initial shipment, transport or assembly).

6.4 In the event of the return of items that have been purchased by the "purchase against invoice" payment method, Blumeo reimburses the Customer within 30 days on the bank or postal account indicated by the Customer and in his name, if the Customer has already paid the invoice in full and has not made a new purchase.

7.1 Blumeo grants the Customer a 24-month warranty from the first delivery or first collection of the item for defects that result from a material or manufacturing defect. All indications appearing on Blumeo (product description, images, films, measurements, weights, technical specifications, accessories and other information) are subject to the reservation of an error and do not constitute a guarantee of the qualities of the article. The incumbency of the Customer relating to the verification of the thing and the notification of defects are governed by the legal provisions. The assignment of warranty rights is excluded.

7.2 The Customer's warranty right is satisfied at Blumeo's choice by repairing the item, delivering an equivalent and faultless replacement item, reducing the price or canceling the contract (resolution). Repairs are carried out by Blumeo or by repair workshops commissioned by it. The Customer is not entitled to entrust the repair of the defective item to third parties. In such a case, the Customer is not entitled to reimbursement of the repair costs. The Customer's warranty rights expire in the event of technical intervention and defects resulting from improper handling, excessive stress, improper use, external intervention (damage due to humidity, contact with liquid, blows, etc.) or non-compliance with the manufacturer's instructions for use and/or maintenance.

7.3 In the event of delivery of an equivalent and defect-free replacement item, a new warranty period is valid from the moment the Customer is notified of the availability of the replacement item. In the event of repair, a new warranty period is also valid from the moment the Customer is notified of the provision of the repaired item is applicable, Blumeo only guaranteeing in this case the repairs carried out and the spare parts. used. The Customer's warranty rights relating to the entire item remain intact during the warranty period defined from the first delivery or the first collection of the item (see figure 7.1).

7.4 To assert his warranty rights and initiate the related process, the Customer must contact the Blumeo customer service department of his choice by email at the following address: info@opi.605.myftpupload.com and be able to present the original invoice. The risks and costs of all transport, for example the transport to Blumeo or the transport back to the Customer are borne by the Customer. If a defect to be eliminated is not subject to warranty and the Customer could have become aware of it, he bears all the costs resulting from the verification of the article. Before handing over the item to Blumeo, the Customer must make backup copies of the data recorded in any storage media for the item, as these (e.g. during a repair) may be lost or damaged. Any liability of Blumeo for loss or damage to data is excluded.

7.5 Regardless of the basis of its liability, Blumeo responds in the event of injury to life, physical integrity and health, insofar as the conditions of liability are met. Moreover, insofar as the conditions of liability are met, Blumeo is liable for damages that it causes intentionally or by gross negligence. For the rest, Blumeo excludes all liability, regardless of the basis thereof, to the fullest extent permitted by law.

7.6 The responsibility of Blumeo is excluded for any use of the products sold on Blumeo outside the applications of the legislation in Switzerland.

7.7 The invoice or digital proof of purchase serves as a warranty card according to these GCS and must be kept carefully by

8.1 All the personal data of the Customers which are collected by Blumeo are necessary for the treatment of the orders and the invoicing. In respect of the Customer's private sphere, this data is not communicated to third parties, other than our service providers.

8.2 Blumeo only collects, stores, uses and processes the Customer's personal data in accordance with the respective provisions of the data protection law applicable in Switzerland.

8.3 In relation to the "purchase against invoice" payment method, Blumeo mandates a third-party supplier for invoicing and collection. The Customer acknowledges the fact and accepts that the data related to the "purchase against invoice" payment method is accessible to Blumeo and the third-party supplier, including personal data, purchase, billing, payment and collection data. may be used by the third-party provider for its own purposes; the third-party provider is in particular authorized to integrate this data into its own credit databases and to use it for other purposes of the third-party provider, including the use for credit checks for payment methods " purchase against invoice” and by credit cards, for itself and for third parties (e.g. online stores).

9.1 The general conditions of sale of Blumeo are subject to Swiss law.

9.2 If one or more of the provisions of these T&Cs should be ineffective, this will not affect the validity of the remaining provisions.

9.3 Swiss substantive law is exclusively applicable. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

9.4 The exclusive forum for all legal actions is at seat of Blumeo.