Terms and conditions of sale
The online store on the kurma.ch website has been set up by the company Kûrma Worldart, Maret, which is the operator of this site. Any order placed for an item in the online store on the kurma.ch website implies consultation and prior acceptance of these general terms and conditions. Consequently, the consumer acknowledges that he/she has been fully informed of the fact that his/her agreement to the content of these general terms and conditions does not require the handwritten signature of this document, insofar as the customer wishes to order products from the website store online.
The consumer has the option of saving or editing these general terms and conditions, it being specified that both saving and editing of this document are the sole responsibility of the consumer. Prior to placing an order, the consumer declares that the acquisition of these products is not directly related to his professional activity, their acquisition being reserved for his personal use. As a consumer, the customer therefore has specific rights, which would be called into question in the event that the products or services acquired through the website were in fact related to his or her professional activity.
The online store set up by the company Kûrma Worldart, Maret within the framework of the website mentions the following information:
- legal notice enabling precise identification of the company Kûrma Worldart, Maret
- presentation of the essential characteristics of the goods offered
- indication, in Swiss Francs, of the price of the goods and delivery charges
- indication of payment, delivery and return methods
- the existence of a right of withdrawal
- the period of validity of the offer or price
- conditions for terminating the contract if it is open-ended or for more than one year.
- All this information is presented in French. The consumer declares that he/she has full legal capacity to enter into the present terms and conditions.
Article 1: Completeness
These general terms and conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept unreservedly all the provisions of these general conditions. No general or specific condition appearing in documents sent or delivered by the consumer may be incorporated herein, insofar as such documents are incompatible with these general conditions.
Article 2: Purpose
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by Kûrma Worldart, Maret to the consumer.
Article 3: Contractual documents
The present contract is formed by the following contractual documents, presented in descending hierarchical order: the present general terms and conditions; the order form. In the event of contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank shall prevail.
Article 4: Coming into force - Duration
The present general conditions come into force on the date of signature of the order form. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees due by the company Kûrma Worldart, Maret.
Article 5: Electronic signature
The consumer's "click" on the order form constitutes an electronic signature which has the same value between the parties as a handwritten signature.
Article 6: Order confirmation
Contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the consumer on the order form.
Article 7: Proof of transaction
Computerized registers, kept in the computer systems of Kûrma Worldart, Maret under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 8: Product information
8-a : On its website, Kûrma Worldart, Maret presents the products for sale with the necessary characteristics, allowing the potential consumer to know the essential characteristics of the products he/she wishes to purchase before placing a final order.
8-b : The offers presented by Kûrma Worldart, Maret are only valid while stocks last.
Article 9: Prices
The prices shown on the items in the Kûrma Worldart online store are in Swiss francs and are non-negotiable. They include VAT for private customers, therapists and craftsmen. For "reseller" customers, prices are shown exclusive of VAT. VAT is charged when the order is finalized.
Shipping costs are not included in item prices. They are invoiced in addition.
Customers pay the price indicated on the online store at the time of finalizing their order.
Kûrma art reserves the right to refuse to honor and deliver an order from a customer who has not paid the full amount of a previous order or with whom a payment dispute is in progress.
Article 10: Payment
When making purchases from the Kûrma Worldart boutique, the consumer has a choice of different payment methods.
By finalizing his order, the customer guarantees that he has the necessary authorizations to use the selected method of payment. If the customer is under guardianship or is a minor at the time of ordering, he/she must provide Kûrma Wordart with a written, dated and signed authorization from the person responsible.
Article 10.1: Payment terms
- Credit cards: Master Card, Visa and Postfinance credit cards are valid.
- Twint: customers can pay for their orders via their Twint mobile application.
- PostFinance, e-finance: by selecting this payment method, customers are automatically redirected to the e-banking section of their PostFinance account, where they can authorize payment.
- Paypal: by selecting this payment method, customers will be automatically directed to their PayPal account, where they can authorize payment.
- Bank transfer: once the order has been finalized, the customer will receive an e-mail containing a summary of the order, the total amount of the order and the bank details for transferring the amount requested. The order will be dispatched 1 - 4 working days after receipt of payment. If payment is not received by Kûrma Wordart within 60 days of placing the order, the order will be cancelled and all items in the order will be put back on sale.
The customer's order will be prepared and dispatched only after receipt of the full amount of the order, including VAT and shipping costs. In the event that the customer encounters difficulties with a means of payment, Kûrma art will inform the customer. - Payment on invoice by CembraPay: by selecting this method of payment, the order will be prepared and dispatched before receipt of the customer's payment. The customer will subsequently receive an invoice by e-mail (possibility of choosing the "paper invoice" option when ordering) from the CembraPay company.
By committing to pay by invoice, the customer commits to the billing company CembraPay and is subject to the additional general conditions of CembraPay SA. For reasons of confidentiality, Kûrma art does not have access to the reasons for any impossibility of using this means of payment and cannot remedy the situation. If you have any questions regarding your invoice, please contact CembraPay customer service directly.
If payment authorization is refused or payment has failed, the order will not be processed until payment has been honored. When this situation occurs, the customer's solution is to check his account balance, its daily or monthly limit, validity and whether or not 2-factor identification is required. A weak internet connection can also be the cause of payment failure, if this is the case, the customer can check his internet connection and try again. Alternatively, they can use another payment method. In the event of difficulty in making payment, the customer may contact Kûrma Wordart, Maret.
Article 11: Product availability
The order is prepared within 1 to 2 working days from the date of full receipt of payment. In the event of unavailability of the product ordered, the customer will be informed as soon as possible and the product will be refunded or, if the customer so wishes, exchanged.
Kûrma Worldart, Maret's obligation to deliver is null and void in the event of failure or non-compliance with supply deadlines by its own suppliers, and insofar as such unavailability is not attributable to Kûrma Worldart, Maret. In the event of product unavailability, the customer will be informed as soon as possible.
Article 12: Delivery
Article 12.1: Delivery terms
Delivery address and condition of packaging: Products are delivered to the address indicated by the consumer on the order form. The consumer is responsible for checking the condition of the packaging upon delivery and for reporting any damage due to the carrier to Kûrma Worldart, Maret and to the carrier within one week.
Invoice different from delivery address: the consumer may, at his request, have an invoice sent to the billing address and not to the delivery address by validating the option provided for this purpose on the order form (except for payments on invoice managed by the CembraPay company).
Shipping: parcels are mainly sent by post. As soon as Kûrma Worldart, Maret makes a shipment, the customer immediately receives a shipment confirmation by e-mail, as well as the tracking number for "tracked" shipments.
Please note! Kûrma Worldart does not deliver to P.O. Boxes, upstairs or other unofficial locations and does not deliver to minors or persons under guardianship without the written consent of their parents or guardians.
Article 12.1.2 : Late delivery
With few exceptions, all parcels sent by Kûrma Worldart, Maret are sent by Swiss Post.
In the event of a delay in delivery in relation to the date indicated in the shipping email, the customer may notify Kûrma Worldart, Maret of the delay by telephone or e-mail. Kûrma Worldart, Maret will contact the Post Office to start an investigation. An investigation may take up to 21 days from the date of the start of the investigation. If the parcel is found during this period, it will be immediately redirected to your home address. If, on the other hand, the parcel is not found at the end of the 21-day investigation period, the Post Office considers the parcel to be lost.
Kûrma Worldart, Maret declines all responsibility for longer delivery times due to the carrier, particularly in the event of loss of products or strikes.
Article 12.1.3 : Theft and loss of packages
Kûrma Wordart, Maret is not responsible for the loss or theft of a parcel once it has been handed over to the post office or delivery company.
For shipments without tracking and without insurance (midilettre A, midilettre B and international shipments):
At the customer's request, Kûrma Wordart, Maret may request a parcel search from the post office. If the search is unsuccessful after 21 days or if the customer suspects that a parcel has been stolen, Kûrma Wordart, Maret agrees to make a commercial gesture in the form of a gift voucher if the following conditions are met: the customer must provide Kûrma Wordart with a copy of the declaration of theft made to the police as well as a letter from the theft insurance company stipulating that nothing will be reimbursed by insurance.
For tracked shipments (Priority and Economy) the customer receives an e-mail with a tracking number and a link to follow the delivery of the parcel:
If, via the tracking link, the customer finds that the parcel has not been delivered, he can take the necessary steps with the post office. In this case, the Post Office will be held responsible for the non-delivery of the parcel and the goods (up to a value of 500.- and excluding jewelry and pearls) will be refunded.
Kûrma Wordart and La Poste are not responsible for packages that have been delivered. The customer must then report the theft to the police and take out theft insurance. Kûrma Wordart can make a commercial gesture in the form of a gift voucher if the following conditions are met: the customer must send Kûrma Wordart a copy of the declaration of theft made to the police as well as a letter from the theft insurance stipulating that nothing will be reimbursed by insurance.
For shipments with tracking and insurance (all shipments against signature):
The customer must contact Poste to obtain a refund of the order (maximum refund 1500.-).
Article 12.3 : International postal service and customs charges
Kurma Worldart, Maret is in no way responsible for import procedures and costs in the destination country. It is the customer's responsibility to find out about customs formalities in their own country.
Article 12.4 : Delivery rates
Article 12.4.1 : Prices and delivery times for Switzerland
Priority less than 50.- purchase delivery 1 to 2 working days 11.00.-
Priority against signature less than 50.- of purchase delivery 1 to 2 working days 12.50.-
| Type of shipment | Purchase amount | Suivis and Assurance | Delivery times | Fees |
|---|---|---|---|---|
| Midilettre A | Less than $50 | no | 1 to 2 days | 4.50.- |
| More than 50.- | no | 1 to 2 days | Free | |
| Midilettre B | Less than $50 | no | 3 to 4 days | 4.50.- |
| More than 50.- | no | 3 to 4 days | Not available | |
| Economical | Less than $50 | yes | 3 to 4 days | 9.00.- |
| More than 50.- | yes | 3 to 4 days | 4.50.- | |
| More than 100.- | yes | 3 to 4 days | Free | |
| More than 50.- | yes | 1 to 2 days | 6.50.- | |
| More than 100.- | yes | 1 to 2 days | 2.00.- | |
| More than 300.- | yes | 1 to 2 days | Free | |
| More than 50.- | yes | 1 to 2 days | 8.00.- | |
| More than 100.- | yes | 1 to 2 days | 3.50.- | |
| More than 300.- | yes | 1 to 2 days | 1.50.- | |
| More than 500.- | yes | 1 to 2 days | Free |
Midilettre A:
- Delivered within 1-2 working days of receipt of payment.
- No insurance and no tracking. Kûrma Wordart, Maret takes no responsibility in case of loss or theft of your parcel.
- Product categories included in this delivery in small quantities: Jewelry (except bolas), prayer flags, incense, rolled stone, rough stone, pebble, pendulum, massage stick, beads, creative materials (except tools), gift vouchers
Midilettre B:
- Delivered within 3 to 4 working days after receipt of payment.
- No insurance and no tracking. Kûrma Wordart, Maret takes no responsibility in case of loss or theft of your parcel.
- Product categories included in this delivery: All other categories not specified in Midilettres A
Economical:
- Delivered within 3 to 4 working days after receipt of payment.
- Your parcel is insured up to a value of 500.00 with a tracking number. Except for jewelry and pearls, which must be sent against a signature to benefit from insurance.
- Product categories included in this delivery: All categories
Top priority:
- Delivered within 2 to 3 working days after receipt of payment.
- Your parcel is insured up to a value of 500.00 with a tracking number. Except for jewelry and pearls, which must be sent against a signature to benefit from insurance.
- Product categories included in this delivery: All categories
Priority Against signature:
- Delivered within 2 to 3 working days after receipt of payment.
- Distribution only against signature or distribution authorization with liability up to CHF 1500.00 with tracking number.
- Product categories included in this delivery: All categories
Packages valued at more than €1,500:
- The "Insurance" service is offered to you
- Your parcel is insured up to a maximum of €5,000.
Article 12.4.2 : Prices and delivery times for Europe zone 1
| Type of shipment | Purchase amount | Suivis and Assurance | Fees | |
|---|---|---|---|---|
| International PostPac Mini | Less than $100 | no | 2 to 3 days | 18.- |
| More than 100.- | no | 2 to 3 days | 11.- | |
| International PostPac Mini Eco | Less than $100 | no | 4 to 8 days | 9.- |
| More than 100.- | no | 4 to 8 days | 2.- | |
| Priority International PostPac | Less than $100 | yes | 2 to 3 days | 35.- |
| More than 100.- | yes | 2 to 3 days | 28.- | |
| International Economic PostPac | Less than $100 | yes | 4 to 8 days | 23.- |
| More than 100.- | yes | 4 to 8 days | 16.- |
International PostPac Mini:
- Delivery within 2 to 3 working days after receipt of payment. This delivery time does not include customs clearance time.
- We cannot guarantee customs clearance times or delivery times outside Switzerland, as these are beyond our control.
- For items weighing less than 500gr with packaging.
- No insurance and no tracking. Kûrma Wordart, Maret takes no responsibility in case of loss or theft of your parcel.
- Product categories included in this small delivery: Jewelry, prayer flags, incense, rolled stones, rough stones and pebbles, pendulum, massage sticks, beads.
International PostPac Mini Eco:
- Delivery within 4 to 8 working days after receipt of payment. This delivery time does not include customs clearance time.
- Without tracking number or insurance. Damage or loss of a parcel is the responsibility of the recipient. Kûrma Worldart, Maret will not accept any responsibility.
- We cannot guarantee customs clearance times or delivery times outside Switzerland, as these are beyond our control.
- For items weighing less than 500gr with packaging.
- No insurance and no tracking. Kûrma Wordart, Maret takes no responsibility in case of loss or theft of your parcel.
- Product categories included in this small delivery: Jewelry, prayer flags, incense, rolled stones, rough stones and pebbles.
International PostPac:
- Delivery within 2 to 3 working days after receipt of payment. This delivery time does not include customs clearance time.
- We cannot guarantee customs clearance times or delivery times outside Switzerland, as these are beyond our control.
- Product categories included in this delivery: All other categories not mentioned in the "International PostPac Mini" section.
International PostPac Eco:
- Delivery within 4 to 8 working days after receipt of payment. This delivery time does not include customs clearance time.
- We cannot guarantee customs clearance times or delivery times outside Switzerland, as these are beyond our control.
- No insurance and no tracking. Kûrma Wordart, Maret takes no responsibility in case of loss or theft of your parcel.
- Product categories included in this delivery: All other categories not mentioned in the "International PostPac Mini Eco" section.
Article 12.4.3 : Prices and delivery times for all other countries
For further information on international parcels and additional zones, please contact info@kurma.ch or Wathsapp 0041797132857.
Article 13: Defective items, merchandise errors, exchanges
The customer may return one or more items under certain conditions:
Article 13.1 : If the item is damaged or defective
If the customer notices a defect or damage to an item upon receipt and Kûrma Worldart, Maret establishes (via a photo of the item or, upon request, after a physical inspection) that it is indeed a defect in the Kûrma Worldart product, Maret will exchange the item and assume the shipping costs (a return label will be sent to the customer by e-mail). If the item in question is no longer available and an exchange is not possible, the customer will be reimbursed.
Please note! Stones, crystals and minerals frequently have natural "marks", cracks or small cavities. These reasons are not valid for an exchange.
Kûrma Worldart, Maret makes every effort to ensure that items are packaged as securely as possible. Kûrma Worldart, Maret cannot be held responsible for any damage caused to an item during postal delivery. In this case, the customer can take the necessary steps with the post office.
Bracelets are guaranteed for 20 days from the date of order. Within this period, bracelets whose thread breaks or becomes very loose during normal use will be exchanged or repaired at our expense. Kûrma Worldart, Maret also bears the cost of postage. After this period, a charge of 10.00 per bracelet will be made for repairs, a supplement for missing beads may be added and shipping costs will be borne by the customer.
Article 13.2 : If the item received is different from the one ordered
If the customer has not received the item requested, but has received another item, he/she must contact Kûrma Worldart, Maret immediately. A return label will be sent to the customer ( Kûrma Worldart, Maret is responsible for shipping costs) along with the correct item.
Article 13.3 : If the article does not suit the customer
If the article does not suit the customer (not the right size, does not suit the customer, customer error when ordering), the customer may return the article to Kûrma Worldart, Maret. Upon receipt and verification of the article, a voucher for the value of the article in question (-10% for administration costs) will be sent by e-mail. All shipping costs are at the customer's expense.
For bracelets that don't fit, the customer can ask for them to be adjusted for a supplement of 10.00 (+ postage).
Article 14: Return and exchange conditions
The return and exchange of one or more items is possible if the following conditions are met:
- Prior contact by e-mail, including the order number, the number(s) of the item(s) concerned and the reason for the return, is essential.
- The deadline for returning one or more items is 14 days from the date on which the order was sent to the customer.
- Items must be returned in their original packaging.
- The item(s) must be in their original condition (have not been worn other than for fitting, show no signs of damage due to mishandling or carelessness).
Article 14.1 : Return in the event of an address error or refusal of receipt
- Packages are sent to the address provided by the customer at the time of ordering. Kûrma Worldart, Maret is in no way responsible for errors in the address given by the customer. In the event of return of the parcel for the following reasons: address error, incomplete address or non-receipt of the parcel, the cost of returning the parcel as well as all inherent costs will be invoiced to the customer.
- If the customer refuses to accept the parcel and it is returned without any explanation from the customer, the parcel will be held for 30 days before the items are put back on sale. If the customer wishes to have the parcel returned (within this 30-day period), shipping costs will be at the customer's expense.
Article 14.2 : Returns outside Switzerland
For all returns outside Switzerland, shipping costs are at the customer's expense, except in the case of error on the part of Kûrma Worldart, Maret.
If these conditions of article 13 and 14 are not respected no exchange or refund (refunds are made by voucher only) will be possible.
Article 15: Refunds
Refunds will only be made in the form of vouchers upon receipt of the returned parcel and only if the items have not been used and are in perfect condition.
Article 16: Product warranty
The present provisions cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee against all consequences of hidden defects in the item sold. The consumer is expressly informed that Kûrma Worldart, Maret is not the producer of the products presented on the website and is not liable for defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the liability of the producer of the product may be sought by the consumer.
Article 17: Force majeure
Neither party will have failed in its contractual obligations to the extent that their performance is delayed, hindered or prevented by an act of God or force majeure. An act of God or force majeure shall be deemed to be any irresistible event or circumstance, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days of becoming aware of them. The two parties will then meet, within a period of one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, the present terms and conditions may be terminated by the injured party. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of Swiss courts and tribunals: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning; stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Article 19: Partial non-validation
If one or more stipulations of these terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
Article 20: Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 21: Title
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22: Applicable law
These general terms and conditions are governed by Swiss law. This applies to both substantive and formal rules. In the event of a dispute or claim, the consumer should first contact Kûrma Worldart, Maret for an amicable solution.
Article 23: Data and
The information requested from the customer is necessary for the processing of the order and may be communicated to contractual partners of Kûrma Worldart, Maret involved in the execution of the order. Consumers may write to Kûrma Worldart, Maret, whose contact details are given in the confidentiality charter on the website, to oppose such communication, or to exercise their right to access or rectify information concerning them and contained in Kûrma Worldart, Maret's files.
Fontainemelon 12.09.2024