I. GENERAL TERMS AND CONDITIONS OF USE
1. Scope of application
These general terms and conditions of use (hereinafter the « GCU ») apply to any visit or use of the platform and its information by an Internet user (hereinafter « User »).
By visiting or using the Platform, the User acknowledges having read these GCU and expressly accepts the rights and obligations mentioned therein.
Exceptionally, the provisions of the GCU may be waived by written agreement. Such derogations may consist of the modification, addition or deletion of the clauses to which they relate and have no impact on the application of the other provisions of the TOS.
We reserve the right to modify our TOU at any time without prior notice, but we undertake to apply the provisions that were in force at the time you used our platform.
A. Access and navigation.
We take all reasonable and necessary steps to ensure the proper operation, security and accessibility of our Platform. However, we cannot offer any guarantee of absolute operability and our actions must therefore be considered as covered by an obligation of means.
Any use of the Platform is always at the User’s own risk. Thus, we are not liable for any damage that may result from possible malfunctions, interruptions, defects or harmful elements present on the Platform.
We reserve the right to restrict access to the Platform or to interrupt its operation at any time without prior notice.
FidHappy largely determines the content of the Platform and takes great care of the information present on it. We take all possible measures to keep our Platform as complete, accurate and up to date as possible, even when the information on it is provided by third parties. We reserve the right to modify, supplement or delete the Platform and its content at any time, without liability.
If certain contents of the Platform are in violation of the law or the rights of third parties, or are contrary to morality, we ask you to inform us as soon as possible by e-mail so that we can take appropriate measures.
All downloads from the Platform are always at the risk of the User. FidHappy cannot be held responsible for any damage, direct or indirect, resulting from these downloads, such as loss of data or damage to the User’s computer system, which are entirely and exclusively the responsibility of the User.
C. Services reserved for registered users.
Access to certain services is subject to the User’s registration.
Registration and access to the Platform’s services are reserved exclusively for legally capable individuals who have completed and validated the registration form available online on the Platform as well as these T&Cs.
When registering, the User undertakes to provide accurate, truthful and up-to-date information about himself/herself and his/her civil status. The User must also regularly check the data concerning him/her in order to maintain its accuracy.
The User must therefore provide a valid e-mail address on which the Platform will send him/her confirmation of his/her registration for its services. An e-mail address may not be used more than once to register for services.
Any communication made by the Platform and its partners is therefore deemed to have been received and read by the User. The latter therefore undertakes to regularly consult the messages received at this e-mail address and, if necessary, to reply within a reasonable period of time.
The User is given an identifier allowing him/her to access a space to which access is reserved for him/her (hereinafter « Personal Space »), in addition to entering his/her password.
The User may change the identifier and password online in his Personal Space. The password is personal and confidential, the User agrees not to communicate it to third parties.
FidHappy reserves in any case the right to refuse a request for registration to the Platform’s services in case of non-compliance by the User with the TOS.
Regularly registered Users may at any time request to unsubscribe by going to the dedicated page in their Personal Space. Any unsubscription from the Platform will be effective as soon as possible after the User has completed the form provided for this purpose.
3. Links to other websites
The Platform may contain links or hyperlinks to external websites. Such links do not automatically mean that there is a relationship between FidHappy and the external website or even that an implicit agreement exists with the content of these external websites.
FidHappy has no control over external websites. We are therefore not responsible for the safe and correct functioning of the hyperlinks and their final destination. As soon as the User clicks on the hyperlink, he leaves the Platform. We can therefore not be held liable for any subsequent damage.
4. Intellectual Property
The structuring of the Platform, as well as the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. that make it up or that are accessible via the Platform are the property of the publisher and are protected as such by the laws in force with regard to intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the contents, trademarks and services offered by the Platform, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited, with the exception of elements expressly designated as free of rights on the Platform.
The Platform User is granted a limited right to access, use and display the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal, non-commercial use. Except with prior written consent, Users are not authorized to modify, reproduce, translate, distribute, sell, communicate to the public, in whole or in part, the protected elements.
Users are prohibited from introducing data on the Platform that would modify or be likely to modify its content or appearance.
5. Protection of personal data
Personal data provided by the User during his visit or use of the Platform are collected and processed by FidHappy for internal purposes. FidHappy assures its Users that it attaches the utmost importance to the protection of their privacy and their personal data, and that it always undertakes to communicate clearly and transparently on this point.
FidHappy undertakes to comply with the applicable legislation in this respect, namely the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data and the European Regulation of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
6. General Provisions
FidHappy reserves the right to modify, extend, delete, limit or interrupt the Platform and associated services at any time, without prior notice and without liability.
In case of violation of the TOS by the User, FidHappy reserves the right to take appropriate sanctions and reparation measures. In particular, FidHappy reserves the right to deny the User any access to the Platform or our services temporarily or permanently. These measures may be taken without indication of reason and without notice. They may not engage the responsibility of FidHappy or give rise to any form of compensation.
The illegality or total or partial nullity of any provision of our TOS will have no impact on the validity and application of the other provisions. In such a case, we have the right to replace the provision with another valid provision of similar scope.
II. GENERAL TERMS AND CONDITIONS OF BUSINESS
1. Scope of application
These general terms and conditions of sale (hereinafter the « GTC ») define the reciprocal rights and obligations in the event of the purchase of products or services on the Platform by a User (hereinafter the « Customer »).
The GCS express the entirety of the obligations of the parties. The Customer is deemed to accept them unreservedly, failing which his order will not be validated.
Exceptionally, the provisions of the GCS may be waived insofar as such waivers have been agreed in writing. Such derogations may consist of the modification, addition or deletion of the clauses to which they relate and have no effect on the application of the other provisions of the GTC.
FidHappy reserves the right to modify the GTC from time to time. The modifications will be applicable as soon as they are put online for any purchase after that date.
The Seller reserves the right to modify its prices at any time by publishing them online.
Only the prices indicated and the taxes in force at the time of the order will apply.
Prices are indicated in the currency of the country where the User is located, the total amount of the order (including all taxes) is indicated before final validation of the order form.
3. On-line order
The Customer has the possibility to fill out an order form online, by means of an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.
For his order to be validated, the Customer will have to accept the present GTC by clicking on the indicated place.
The Customer will have to provide an e-mail address as well as his billing information. Any exchange may take place using this e-mail address.
The Seller reserves the right to block the Customer’s order in the event of non-payment, incorrect address or any other problem on the Customer’s account until the problem is resolved.
4. Confirmation and payment of the order
The Seller remains the owner of the items ordered until full payment of the order is received.
The Customer makes payment at the time of final validation of the order using the chosen payment method. This validation takes the place of a signature.
The Customer guarantees the Vendor that he has the necessary authorizations to use this method of payment and acknowledges that the information given to this effect is proof of his consent to the sale and to the payment of the sums due for the order.
The Seller has set up a procedure for verifying orders and means of payment intended to reasonably guarantee it against any fraudulent use of a means of payment, including by requesting identification data from the Customer.
In the event of refusal to authorize payment by credit card by accredited organizations or in the event of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.
The Seller also reserves the right to refuse an order from a Customer who has not paid in whole or in part for a previous order or with whom a payment dispute is in progress.
Upon receipt of the validation of the purchase accompanied by payment, the Seller shall send to the Customer, together with an invoice.
In the event of unavailability of a service or product, the Seller will inform the Customer by e-mail as soon as possible in order to replace it or cancel the order of this product and possibly refund the related price.
Communications, orders and payments between the Customer and the Seller may be proven by means of computerized records, kept in the Seller’s computer systems under reasonable conditions of security. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
Delivery is only made after confirmation of payment by the Seller’s bank.
The delivery takes place, according to the method chosen by the Customer, within the following deadlines:
Delivery times are given as an indication. No compensation may be claimed from the Seller in the event of late delivery. If delivery times exceed thirty days from the order, the contract of sale may be terminated and the Customer reimbursed.
A. Verification of the order
Upon receipt of the products, the Customer or the recipient checks the good condition of the delivered product or the conformity of the service provided.
The verification is considered to have been carried out once the Customer or a person authorized by him has received the order without reservations.
Any reservation not made in accordance with the rules defined above and within the time limits specified shall not be taken into account and shall release the Seller from any liability vis-à-vis the Customer.
B. Error of delivery
In the event of a delivery error or non-conformity of the products in relation to the indications on the order form, the Customer shall inform the Seller within three working days following the delivery date.
Any complaint not made within the time limit shall not be taken into account and shall release the Seller from any liability to the Customer.
The Seller guarantees the conformity of the products or services to the contract in accordance with the law in force at the time of its conclusion.
A. Guarantee of conformity
If the Customer is a consumer, he has a period of two years from delivery of the product to implement the legal guarantee of conformity.
The lack of conformity must be reported to the Seller as soon as possible and, in any event, no later than two months after it is discovered.
8. Right of withdrawal
If the Customer is a consumer, he may exercise his statutory right of withdrawal within 14 working days of delivery of the goods or conclusion of the service contract.
After having communicated his decision to withdraw, the Customer then has 14 days to return or restitute the goods.
Any withdrawal not made in accordance with the rules and time limits defined in this article shall not be taken into account and shall release the Seller from any liability vis-à-vis the Customer.
The Customer may request reimbursement of the returned product, without penalty.
The Seller shall reimburse the Customer for the totality of the sums paid, within 14 days of the recovery of the goods or the transmission of proof of the shipment of these goods.
If the order concerns, in whole or in part, digital content not provided on a hardware support, the Customer hereby agrees to lose, for this digital content, his right of withdrawal in order to be delivered as soon as possible.
9. Force majeure
If the Seller is prevented, in whole or in part, from executing the order due to an unforeseen circumstance beyond his control, then it is a question of force majeure.
In the event of force majeure, the Seller is entitled to suspend the execution of the order, in whole or in part, for the duration of the force majeure. The Seller shall notify the Customer immediately.
If the force majeure lasts for more than 90 days without interruption, either party to the contract shall have the right to terminate the contract unilaterally, by e-mail or by registered letter sent to the other party. The services already performed by the Seller shall nevertheless be invoiced proportionally to the Customer.
10. Independence of the clauses
The illegality or nullity of all or part of any provision of these GTC shall not affect the validity and enforceability of the remaining provisions. The Seller reserves the right to replace the illegal or void provision with another valid provision of similar scope.
11. Applicable law and jurisdiction
These GTC are governed by Swiss law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district of the Seller’s registered office.