Terms of service
Terms and Conditions of Sale
I. RELATION WITH CONSUMERS
The purchase of products branded SILK NEST via the site www.silknest.swiss (hereinafter, the “Site”) by users classified as consumers according to the law, is subject to these terms and conditions of sale (hereinafter, “Terms and Conditions of Sale” or “Terms of Sale”).
II. SELLER IDENTIFICATION
The products branded Silk Nest and offered for sale on the website www.silknest.swiss (the “Site”) are sold by SILK NEST AG, with registered office in rue du Château 27, 1616 Attalens FR, (hereinafter referred to as the “Vendor”).
Silk Nest is a trade name and brand used by the Vendor for the marketing and sale of its products. Any reference to “Silk Nest” on the Site, in these Terms and Conditions of Sale, in order confirmations, invoices, communications or any other document shall be understood as referring exclusively to the Vendor Silk Nest AG. All purchase contracts are concluded solely with the Vendor, which is the sole legal entity responsible for the sale, payment processing, delivery, warranties, refunds and any other obligations.
The Vendor can be contacted at contact@silknest.swiss or at the addresses indicated below, via phone or via the Contact Us page.
Before confirming and placing any purchase order via the Site, please read carefully these Terms of Sale.
III. DEFINITIONS
In these Terms of Sale, in addition to other definitions provided elsewhere in the same, the following terms shall have the following meaning:
“Client” shall mean the final client who is also a consumer, which is “any natural person who is acting for purposes which are outside his trade, business or profession”.
“Order Confirmation” shall mean the e-mail sent by Silk Nest to the Client confirming the shipment of the Products ordered and the execution of the Contract.
“Contract” shall mean the contract between the Client and the Vendor for the sale and purchase of products executed at distance via internet through the Site, comprising the order, the relevant order confirmation and these Terms and Conditions of Sale which are an integral and essential part of the same contract.
“Order” shall mean an order requesting the purchase of certain Products sent by the Client to the Vendor through the fulfilment of the relevant order form on the Site.
“Products” shall mean the Vendor products branded “Silk Nest” or sold by the Vendor.
“Order Receipt” shall mean the e-mail that the Vendor will send automatically to the Client to confirm that the Order has been received.
“Site” shall mean the website of the Vendor at the url www.silknest.swiss.
“Vendor” shall mean Silk Nest AG.
IV. SUBJECT
These Terms of Sale apply to all Contracts between the Vendor and the Client executed via Internet through the Site and are an integral and essential part of the same.
V. COUNTRIES OF DELIVERY
The purchasing of Products via the Site is currently possible if the delivery is to take place in the countries indicated on the Site on the page, being understood that the Vendor reserves the right to expand or restrict such list of countries.
It may not be possible for the Client to provide a shipping address outside the list of countries displayed on the Site.
VI. ORDER AND ACCEPTANCE
In order to place an Order via the Site, the Client shall select the Products on the Site as well as the relevant colour and size, add the Products to the virtual cart, select the check-out button and follow the Site instructions in order to fill in the order form in electronic format and send it via Internet to the Vendor.
In order to fill in and send via Internet the order form, the sign-up to the Site is not required: the Client may fill in the order form following the checkout procedure. Alternatively, before filling in the order form and sending it to the Vendor, the Client may create an “account” (or personal profile) by filling in the forms published on the Site or log in the account previously created.
Orders shall be submitted only by persons of legal age and who are not under legal disability. The Client shall provide the necessary information for billing and shipping and is fully responsible for the accuracy of the personal data provided to the Vendor at the moment of the sign-up to the Site and/or when sending the order form. It is understood that under no circumstances the Vendor may be held liable for any damage or delay that relates to or is due to the inaccuracy of the personal data provided to the Vendor.
Each Order submitted is an offer to purchase Products from the Vendor. The Orders are subject to the availability and acceptance of the Vendor and the Vendor may refuse to accept an Order and choose not to process the same in the following cases:
1. Orders which do not offer sufficient guarantees for the payment or which are incorrect or not complete;
2. The Products ordered are no longer available;
3. There is an error on the Site relating to the Products ordered by the Client, for example an error in relation to the price or the description of Products as displayed on the Site.
4. The Order is incomplete, incorrect, or contains inaccurate information;
5. The Client has previously breached these Terms of Sale or engaged in abusive, fraudulent, or unfair behaviour toward the Vendor;
6. The quantity of Products ordered exceeds the maximum allowed for normal consumer use or appears to be for commercial/resale purposes;
7. There are reasonable grounds to suspect that the Order has been placed in violation of applicable laws or these Terms of Sale.
Under the above circumstances, the Vendor will inform the Client by e-mail that no contract has been entered and that the Vendor has not processed the Order explaining the relevant reasons promptly.
With the submission of the order, the Client unconditionally agrees and undertakes to observe these Terms and Conditions of Sale in his/her dealings with the Vendor. Therefore, before submitting the order, the Client must carefully read these Terms and Conditions of Sale. In any case, before finalising the on-line procedure and submitting the order form, the Client will be invited to review and accept these Terms and Conditions of Sale.
The order contains a summary of the main characteristics of each Product ordered. In particular, it displays the corresponding unit price (including applicable fee and taxes), the type of payment available, the shipping terms for delivering the Products ordered and the relevant shipping costs (including any additional costs incurred by the Client for selecting a kind of shipping or delivery different and/or more expeditious than the standard).
Upon the submission of the order form, the Client will be advised that the placement of the Order implies an undertaking to pay. Before confirming the Order, the Client may identify and correct any input errors by clicking the edit button.
The order form will be filed in the database of the Vendor at least for the time required for processing the orders and, in any case, in compliance with the terms set forth by the applicable law. Having placed the Order, the Client may follow the status of the same, either directly on line by accessing to the section My Orders of My Account, provided that the Client has registered to the Site, or by contacting the Customer Service.
After the submission via Internet of the order form, the Vendor will send to the Client, at the e-mail address indicated in the order form, a receipt e-mail confirming that the Order has been received and that it is in phase of elaboration as well as a summary of the relevant information. Please note that the Order Receipt does not constitute acceptance of the Order. The Order will be accepted by the Vendor only at the time of Products actual dispatch and sending of the Order Confirmation by the Vendor. If the Client does not receive the Order Receipt within 48 hours of placing the Order, the same shall contact the Customer Service before re-submitting the same order.
Thereafter and in any case at the time of the Products actual dispatch, the Vendor will send to the Client by e-mail the order Confirmation. The Contract will be executed with the Order Confirmation.
The languages available to finalise the Contract are French, German and English.
For any issue, comment or doubt in relation to an order or if the Client considers that an order has been refused by error, the Client may contact the Customer Service.
VII. PRICE INDICATION AND PAYMENT TERMS
The prices of the Products are displayed on the Site and are subject to changes. The Client shall check the final price of sale on the check-out page of the Order before submitting the relevant order form.
The prices of Products are inclusive of VAT. The prices of Products are not inclusive of the shipping costs which may vary depending on the type of delivery, the quantity of Products to be delivered and the relevant volume, weight and destination.
The payment shall be made by the Client solely through one of the payment methods indicated in the order form, at Client election.
In case of payment by credit card, the Products ordered will only be sent after the Client credit card data have been verified and only after having received the charging authorisation of the credit from the acquirer bank.
If, for whatever reason, the charge of the sum due by the Client is not made, the sale procedure will be automatically terminated and the sale will be automatically cancelled.
Only upon the Client’s request to be made in the relevant order form, Silk Nest will issue the invoice and send it to the Client by e-mail or by ordinary mail in compliance with applicable law. The invoice will be issued on the basis of the information provided by the Client with the Order. Once issued, the invoice cannot be modified.
VIII. SHIPMENT AND DELIVERY
The Products purchased will be delivered at the shipping address indicated by the Client in the order form by a courier selected by Silk Nest and during the normal working hours. At the delivery, it will be required the Client signature (or the signature of his or her designee). No shipment can be made to a P.O. box.
Shipping costs shall be borne by the Client.
The terms of delivery shown in the delivery options shall be intended as the terms usually necessary to dispatch the Products.
IX. PRODUCTS AND WARRANTIES
The Products catalogue may be updated from time to time by the Vendor who, therefore, does not guarantee that any product will remain among those available on line.
Products displayed on the Site may be subject to stock limit and the Vendor does not guarantee that they will always be available. The Vendor disclaims any liability in relation to the availability of all size/version for any item/colour included in the catalogue. In the event of temporary unavailability of Products already ordered, the Vendor shall inform the Client by mail or by phone. If the Product is eventually not available, no amount will be deducted from the Client credit card and, if the purchase amount has already been charged, a refund to the Client will be issued.
The main qualities of the Products are displayed on the Site in the relevant file. Pictures of Products are provided purely to illustrate the Products. In particular, pictures and colours of Products on the Site may not correspond to those real because of the Internet browser or the monitor used by the Client. Vendor, therefore, will not be responsible for any inaccuracy or inadequate graphic representation of the Products displayed on the Site.
X. RIGHT OF WITHDRAWAL
The Client has the right to withdraw from the Contract without having to specify the reason. The reason may however be asked and client may respond.
The Client shall exercise his/her right to withdraw from the Contract within 30 days from the date of receipt of the relevant Products. The right of withdrawal, then, expires after 30 days starting from the day on which the Client or a third party, different from the transporter and nominated by the Client, acquires the possession of the Products.
If the Client withdraws from the purchase agreement, Silk Nest will refund all payments received from the Client, excluding any costs already incurred in connection with the order, such as shipping or handling expenses, unless otherwise required by applicable law. Any additional costs resulting from your choice of a delivery method other than the standard delivery offered by us will not be refunded.
The refund will be made as fast as possible. We will use the same means of payment as used for the initial transaction, unless expressly agreed otherwise. The Client will not incur any fees as a result of the reimbursement itself.
Silk Nest may withhold the refund until we have received the returned goods.
The Client is responsible for returning the goods without undue delay and, in any case, no later than 30 days from the date on which you notify us of your withdrawal. Unless otherwise agreed, the Client will bear the direct costs of returning the goods. The Client is also responsible for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning.
Please ship or return the products to:
Adress:
Silk Nest
Rue du Château 27
1616 Attalens
Switzerland
The products shall be returned entire and appropriately packaged, rather in their original packaging, with all the relevant ornaments and accessories.
Exclusion of the right of withdrawal
No right of withdrawal exists, among others, in case of agreement for
1. The supply of goods tailor made or personalised;
2. The supply of sealed goods which were unsealed after the delivery and thus are not suitable for the return due to health protection or hygiene reasons.
In particular, the right of withdrawal does not apply in case of use, even partially, of the good or if the good has been washed.
Silk Nest reserves the right to refuse the restitution or total refund of the sums paid for the products, if the products are missing any of their label, tag or original packaging, or if the products have been modified in their essential characteristics or qualities or have been damaged.
XI. RETURN AND REFUND FOR NON CONFORMITY OF PRODUCTS
In case of lack of conformity of the Product delivered to the Client and purchased on the Site, the Client will have the right, without any additional costs, to ask for the repair or replacement of the Products, provided that it is possible in consideration of the availability of the Products and that the repair or replacement is not too burdensome for the Vendor. Alternatively, the Client may terminate the Contract or have the price reduced.
In any case, the Client shall notify Silk Nest of any non-conformity of the Products purchased on the Site within the terms indicated by these Terms; otherwise the same will lose the legal warranties. For returning any Products, the Client shall follow the Customer Service instructions which, in any case, cannot be intended as an acknowledgment of defects or non-conformity. In this regard, Silk Nest reserves the right to check the Products returned to verify the existence of the defect or non-conformity and may return the Products to the Client in the event that it has verified that no defect or non-conformity exists.
It is not possible to make a return or request a refund in SILK NEST stores or other point of sale branded SILK NEST for Products purchased on the Site.
XII. FORCE MAJEURE
The performance of the obligations of the Vendor may be suspended in case of the occurrence of unforeseeable circumstances or force majeure that prevent or delay the execution of those same.
The Vendor shall inform the Client about the occurrence of unforeseeable circumstances or force majeure within 10 days from the occurrence thereof. In the event that the suspension of services should be prolonged for a period exceeding 15 (fifteen) days, the Client shall have the option to cancel the order and shall be reimbursed for the already paid amounts.
XIII. CUSTOMER SERVICE - CONTACTS
In case of complaints or need of information or assistance in relation to the Site or the purchase procedure, the Client may send an e-mail at the following address contact@silknest.swiss.
Alternatively, the Client may contact Silk Nest at the telephone number +41 79 815 05 15 or write to Silk Nest Customer Service.
XIV. PRIVACY
The Vendor shall process the personal data of the Client for the purposes and with the methods specified in the Privacy Policy. The Privacy Policy is not an integral part to the Terms and Conditions, and generally not part of the contract with our Clients.
If the Client has registered to the Site, then, by accessing the personal area of the Site (My Account), the Client may at any moment correct, amend or update his/her own personal data.
XV. SITE USE
By accessing and using the Site, the user confirms his/her acceptance of these terms and conditions of use of the Site. Therefore, the user shall carefully read these Terms of Use before continuing with the access or use of the Site.
Please note that Silk Nest reserves the right to modify the Terms of Use from time to time. Any new version of the Terms of Use will be effective starting from the date of publication on the Site.
Proprietary content:
The documents, the pictures, the styles and types, the artwork, the graphic, the music and audios, the videos, the interfaces, the software and any other content of the Site, and all codes and format scripts for implementing the Site, are the exclusive property of Silk Nest and/or its licensors.
All content of the Site is protected by the applicable law on intellectual property.
Under no circumstances the user will be allowed, by these Terms of Use, to copy and use the content of the Site or trademark and other distinctive signs published on the Site. By way of mere example, it is forbidden to copy, modify, upload, download, transmit, and republish the above, without the prior written consent of Silk Nest.
The use of the Site is entirely at the user's own risk. To the maximum extent permitted by applicable law, and except in cases of fraud or gross negligence, Silk Nest disclaims all liability for any content published on the Site and for any use made of the Site by the user or by any third party. Silk Nest also disclaims any liability for viruses or harmful components that may be transmitted via access to, interconnection with, or downloading from the Site.
In no event shall Silk Nest be liable for any direct, indirect, incidental or consequential damages or losses suffered by the user or by third parties as a result of using the Site or any material or software available on it.
Silk Nest does not guarantee that the Site will be continuously available, error-free, or uninterrupted.
The Site may contain links to websites operated by third parties. Silk Nest does not manage or control such websites, nor the information, products or services provided by them. Users access and use these third-party links entirely at their own risk. Silk Nest disclaims any and all liability in relation to such third-party websites.
To access certain services on the Site, users may be required to register and create a personal account (“My Account”). When creating an account, the user must provide a valid e-mail address and a password and complete the relevant online forms.
The user is fully responsible for maintaining the confidentiality and proper use of his/her login credentials and account information. The user shall be liable for all activities carried out under his/her account, unless he/she immediately notifies Silk Nest that the account is being used by an unauthorised third party.
Silk Nest shall not be liable for any loss or damage resulting from the user’s failure to safeguard his/her account credentials or to promptly report any unauthorised use.
XVI. GOVERNING LAW AND JURISDICTION
These Terms of Sale are governed by Swiss Law.
Any dispute arising from or connected with these Terms of Sale and any Contract concluded between the Client and Silk Nest, provided that the Client is a consumer, will be submitted, to the exclusive jurisdiction of the competent court of the place where the Client is domiciled or resident or, at the Client’s choice, a Swiss Court.
XVII. CHANGES AND UPDATES OF THE TERMS OF SALE
The applicable Terms of Sale are those published, from time to time, on the Site and that the Client shall verify the same when purchasing the Products.
Silk Nest reserves the right to modify the Terms of Sale from time to time including for taking into consideration any legal updates. Any new version of the Terms of Sale will be effective from the date of publication on the Site.