General terms and conditions of sale
ORCHESTRA SWITZERLAND GENERAL TERMS AND CONDITIONS OF ONLINE SALE
We recommend that you carefully read these general Terms and Conditions of sale and use, which apply between :
The company ORCHESTRA SWITZERLAND SA, whose head office is located at Route de l'Industrie 14A, 1163 Etoy, registered in Switzerland under number 109-044-085, VAT number: CHE-109.044.085, hereinafter referred to as "Orchestra Switzerland", and any person acting for purposes that do not fall within the scope of its commercial, industrial, craft or liberal activity, visiting and/or wishing to use the website www.orchestra.ch, and make a non-professional purchase on said site, hereinafter referred to as "the User".
1 - GENERAL
These general Terms and Conditions are intended to define the rights and obligations of the parties in connection with the online sale of products and services of the brand Orchestra Switzerland.
Placing an internet order implies full acceptance of these general Terms and Conditions applicable to online sales by the User of the website.
To confirm acceptance of these conditions, you must check the box "I accept the Terms and Conditions" on the website before placing your order.
Orchestra Switzerland will acknowledge receipt of your order following confirmation with an email containing a link to these Terms and Conditions of Use.
If the User refuses to accept these Terms and Conditions, he/she will not be able to purchase any product from the Orchestra Switzerland website.
The User is informed that, irrespective of the products ordered, the order will only be delivered in Switzerland, and that this contract is governed by Swiss law.
These Terms and Conditions were updated on 27/09/2017 and supersede the previous general terms and conditions of sale for www.orchestra.ch, which remain applicable for orders placed before the date of 27/09/2017. These provisions are subject to change at any time, but those applicable will be those in force at the time of the online order.
For any questions and in particular to obtain a copy of the Terms and Conditions applicable to your order, please contact Orchestra Switzerland Customer Services:
If you do not receive a response within 48 hours, please check your junk mail.
2 - PRODUCTS
- The products offered for sale on the orchestra.ch website are available while stocks last. In case of stock shortage after the order is placed, or if we are unable to deliver the product, Orchestra Switzerland will inform the User as soon as possible by email. The User may then cancel the order and claim a refund for the price of the product within fourteen (14) days of the order cancellation. Some products, called "limited series", are offered in limited quantities and will not be restocked. However, these provisions do not prevent the User from exercising their right of withdrawal. Orchestra Switzerland makes known to the User all the essential characteristics of the goods offered. These characteristics are included with the photograph illustrating the offer. Orchestra Switzerland invites the User to read these characteristics carefully. These characteristics include: size, colour, material, maintenance, shape.
- At the time of delivery, the selected item will be accompanied by all its descriptive documentation and maintenance tips, where applicable. The User acknowledges that the photograph representing the product on the website is for information only. The product may differ from the image in the photograph as a result of processing.
3 - PRICES
- The prices of the products offered for sale are indicated in Swiss francs, including all taxes, taking into account the VAT applicable on the day of the order and excluding delivery costs. Delivery charges are payable by the User and are indicated before the order is confirmed.
- Orchestra reserves the right to change its prices at any time. However, the products will be charged on the basis of the rates applicable at the time of the order.
4 - PAYMENT
- Methods of payment
- credit card: Visa, Mastercard, American Express. Your account will be debited at the time of the order.
- Post Finance (Post Finance Card and e-finance). The amount of your order will be automatically debited from the corresponding account.
- Payment on invoice: pay your purchases on invoice at 30 days, option to pay in several monthly instalments.
2. Payment on invoice
If you have never ordered from us before and are unknown to our credit partner, then your maximum order amount is CHF 60.00.
Your first order by invoice is a maximum of CHF 400.00 (provided that the credit check is successful). It must be paid in full and on time to enable the invoice payment option to be accessed again.
Once you have paid your first invoice within the specified period, you can pay by invoice again without any limit on the number of orders but up to a maximum total amount of CHF 1300.
Minimum order for split payment CHF 100.
You can choose between an email invoice (CHF 3.50) and post (CHF 4.50).
In case of late payment, reminders will result in an administrative fee of CHF 15.00.
If a product is returned following a withdrawal, the shipping and return costs will remain at the customer's expense.
Important If you receive a negative response, please contact us before attempting to use the same payment method again. A negative response is not a negative assessment of your creditworthiness. For more information, check your email box and/or contact buyer support using the contact form at www.swissbilling.ch/contact.
SWISSBILLING phone line: 058 433 30 40, Monday to Friday from 8:30 am to 12:00 pm.
In any case, Orchestra Switzerland reserves the right to refuse any order or delivery in case of :
- an existing dispute with the User
- total or partial non-payment of a previous order by the User
- refusal to authorise payment by credit card from banking institutions
5 - SECURE PAYMENT
- The information entered is encrypted and transmitted to DATATRANS in a secure way.
6 - ORDER
- 1. Prior identification
The User may place an order for childcare items on the www.orchestra.ch website. Only Club Cards subscribed in Switzerland, Metropolitan France, Belgium, Luxembourg, Spain, Germany, Greece, Italy, Morocco, Reunion Island or Mauritius entitle users to claim the club price on the site www.orchestra.ch.
To place an order, the User must identify themselves using an email address and password. The User must create an account before placing the first order. Once the User has created an account in the store and activated their Club Card, they can use their card to claim Club prices.
- 2. Order registration and confirmation
Once your cart has been confirmed, you must enter the delivery address or select the store of your choice, and confirm your payment method. This last step formalizes the contract of sale with Orchestra Switzerland.
Any order implies acceptance of the prices and descriptions of the products available for sale.
Orchestra Switzerland will acknowledge receipt of your order following confirmation with an email containing a link to these Terms and Conditions of Use.
In some cases, including failure to pay, an incorrect address or any other problem related to your account, Orchestra Switzerland reserves the right to block your order until the problem is resolved.
You will be notified by email if the product you have ordered is unavailable. The order for the product in question will be cancelled and any refund paid. The rest of the order will remain firm and final.
Orchestra Switzerland reserves the right to refuse any order placed by a User in case of unpaid bills or insolvency and to terminate the account of any User of the www.orchestra.ch website, without prejudice to any damages.
7 - DELIVERY
- 1. Delivery in Switzerland via www.orchestra.ch
The delivery time is currently 15 days longer than usual due to Covid-19. We apologise for any inconvenience.
The service times indicated below are not guaranteed during certain busy periods, such as sales periods. Shipment will take place when all items in the order are in stock. All orders containing items with delivery times of more than 3-4 business days will be delivered in full when the order is complete unless specifically requested by the customer.
- 1.1 "Delivery in Orchestra Switzerland store with a childcare area, free".
The package will be delivered to the Orchestra Switzerland store of your choice indicated when you place your order. You will be notified by email when the package is received in store, within 3 to 10 working days from the date of shipment from our warehouse. The User must print the order form and provide a valid ID to collect the package from the store.
- 1.2 "At your home".
The package will be delivered to the address of your choice (3 to 4 working days following delivery of your product package to the Post Office).
Post office delivery costs: from CHF 9 for orders placed on www.orchestra.ch. The delivery price will be calculated based on the volume and weight of the ordered items.
* Offer only valid for orders delivered in one (1) consignment. Delivery charges will be reinvoiced to the User if they require the order to be delivered in several consignments.
** For furniture deliveries, in case of absence on the delivery day, redelivery charges will be applied to your order.
- 1.3 Assembly prices
The assembly service is offered in addition to the delivery service at www.orchestra.ch. This assembly service must be paid for on the website before the furniture is assembled. The assembly prices below are provided for reference, and are calculated based on the assembly time required:
|Price in CHF|
One or two pieces of furniture
- 2. Delivery terms and conditions for Switzerland, via La Poste :
contact details of the Post Office where the user can collect the package. The package will be available 15 days from the day after the delivery notification is issued. Beyond this period, the package will be returned to Orchestra Switzerland. Collection from the post office on presentation of an identity card.
- 3. Delivery delays
In case of a delay exceeding seven (7) working days from the latest delivery date specified in the order, and excluding cases of force majeure, the User may cancel the order by contacting Customer Services either by phone on 022 338 13 82, Monday to Friday from 9:00 am to 5:00 pm or via our contact form in the contact us section at www.orchestra.ch. In this case, the User will be refunded as soon as possible and at the latest within fourteen (14) days.
- 4. Checking the delivery
The User is required to check the condition and content of the package upon receipt and to ensure that it matches the order. If the package is damaged or shows signs of having been opened, the User must indicate any necessary reservations or claims, or refuse it where applicable. Reservations, claims or refusals must be addressed to Orchestra Switzerland Customer Services: the User must submit a written request with reasons at [email protected].
If no reservations are indicated upon delivery of the package or upon receipt of the package by the User, Orchestra will not be able to provide compensation or cancel the order. The right of withdrawal only allows the return of new and unused products, in their original packaging and in perfect condition.
8 - RETURN
If a sold product is found to be defective, Orchestra Switzerland's guarantee is limited to the return of the product and replacement or a refund, provided that the User meets the conditions and deadlines specified in the following paragraph.
Regardless of the existence of a non-conformity of the product, the User, a non-professional natural person, benefits from a withdrawal period of seven (7) days from the delivery of his order to notify the return of the product to Orchestra Switzerland for exchange or refund in the form of a CREDIT/voucher.
In the event of a return in accordance with the two paragraphs above, the price paid will be fully refunded in the form of a CREDIT/voucher (shipping costs excluded) for any product
For defective product returns, the price paid will be fully refunded (including shipping costs) for any product.
To return a product, the User must first contact Customer Services by email at [email protected], indicating the order number, the products concerned and the reasons for the return. Orchestra Switzerland reserves the right to refuse a return if the User has not contacted Customer Services beforehand and within the specified time. Orchestra Switzerland will then indicate the procedure to follow. Any product returned must be in its original packaging, complete and not have been used or suffered any damage.
Special orders for furniture (items ordered outside the catalogue, customised items, for example: specific choice of colours) cannot be cancelled after 7 days from the order date. Any such furniture cannot be taken back following receipt.
9 - REFUND OR ITEM REPLACEMENT
The User will be reimbursed in the form of a CREDIT/Voucher within an average of seven (7) days and at the latest within fourteen (14) days of receipt of the package by Orchestra Switzerland. In the event of abusive return by the User, Orchestra Switzerland reserves the right to refuse a subsequent order.
Any item purchased on the website www.orchestra.ch can be exchanged only in childcare stores in Switzerland or refunded in the form of a CREDIT/Voucher only on the Orchestra Switzerland website , according to the conditions previously mentioned. The exchange can be made in store within 30 days of receipt of the package. Reimbursement in the form of a CREDIT / Voucher can be made within 30 days of receipt of the package.
10 - RESPONSIBILITIES
Orchestra Switzerland is responsible for the proper performance of obligations arising from the distance selling contract, even when these obligations are performed by service providers, without prejudice to its recourse against them. However, Orchestra Switzerland is exempt from responsible if it proves that improper performance of the contract is attributable either to the User, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
Similarly, Orchestra Switzerland cannot be held responsible for any damage inherent in the use of the internet, including the presence of computer viruses or external intrusion, or a case of force majeure.
11 - AVAILABILITY OF INTERNET ORDERS IN STORE
The customer will have three (3) weeks to collect their package, from the date on which the order is available in store. After this period, the package will be considered definitively abandoned and will be returned to the Head Office.
12 - JOINING THE ORCHESTRA CLUB
- 1. Membership of the Orchestra Club is available in participating Orchestra stores in Switzerland, France, Luxembourg, Belgium, Spain, Greece, Morocco, Canada, Mauritius, Reunion Island, Germany and Saudi Arabia. This list of stores is available in participating stores and at www.shop-orchestra.com.
- 2. Orchestra Club members receive a membership card known as a "Club Card", in return for payment of a fee as set out below for a period of one year or two years from the date of purchase.
An annual subscription to the Orchestra Club costs: CHF 30 in Switzerland.
Biannual membership costs CHF 55 in Switzerland. This membership is only available in stores. It is not available at www.orchestra.ch.
The Club Card must include the first name, surname, a clear photograph allowing the member to be identified, a creation (or expiration) date and a unique identification number. If a card meeting these conditions is not provided, the store will be unable to apply Club prices.
- 3. Club membership does not entail any additional purchase obligation when purchased at participating stores. There is no other minimum purchase amount, either in participating stores or at www.orchestra.ch. At www.orchestra.ch, each Orchestra Club membership enables purchases of up to CHF 3000 at the Club price per year, or up to CHF 6000 at the Club price over a period of two years.
- 4. New members will have a right of withdrawal for a period of fourteen (14) days, including reimbursement of the membership fee, if requested from Customer Services. Members can choose to be reimbursed for all items purchased at the Club price and excluding any delivery costs within this 14-day period (all items, whether purchased in Orchestra Switzerland stores or at www.orchestra.ch). The User will not be permitted to keep the items, or pay the price difference, and may place an order at www.orchestra.ch, or make a purchase in store at the Store price. Customer services can check on the system whether all receipts and proof of online orders – and therefore items – have been returned by the customer.
To exercise this right, the customer must contact Orchestra Customer Services by email at [email protected]. The User will be reimbursed within a maximum of fourteen (14) days from the date on which the withdrawal request is received, and in any case following return of the goods or upon provision of evidence that the goods have been reshipped to Orchestra.
Once these withdrawal periods have elapsed, membership of the Orchestra Club shall be binding until the end of the term.
- 5. The Member must provide a valid email address and a valid mobile phone number when the membership starts. Orchestra cannot be held responsible for non-receipt of electronic communications (emails and SMS). The Club Card is neither a payment card nor a credit card. It is strictly personal and non-transferable.
The Club Card may, however, be presented by the spouse or partner of the primary cardholder, who may benefit from Club prices. To enable this, the spouse's or partner's first and last names must also appear on the Club Card. For all in-store purchases made with the Club Card, and if the payment method presented is a credit card, the first and last names on the payment card must be those of the cardholder or spouse indicated on the Club Card.
- 6. The Club Card is valid for one or two years from the date of its creation, as recorded in Orchestra's computer system, and is not tacitly renewed at the end of this period. The Member may choose to join or not to join again for the following period.
- 7. Orchestra Club membership may be given as a gift to a third party by payment of the membership in store only. Gift membership cannot be purchased at www.orchestra.ch. Gift membership is valid for 1 year from the date of activation. Membership offered as a gift is activated in the store when the recipient provides the gift bag containing the original receipt for membership payment and the blank card. Membership will be confirmed under the conditions provided in these general terms and conditions of membership. The value of the membership offered, which corresponds to the cost of the membership fee, cannot be refunded, exchanged and/or credited except in the case of the above-mentioned withdrawal. In this case, the membership will only be refunded to the contract subscriber. The membership offered must be activated within a maximum period of 6 months, otherwise the card will be cancelled. If the recipient of the gift membership already holds a valid Club Card, the recipient must contact Customer Services.
- 8. If the Member is unable to visit the store for medical reasons, he or she may request an exemption from Orchestra, upon presentation of medical evidence, so that a third party may use the Club Card on their behalf. The waiver will be granted to one person only, for a limited period based on the medical evidence and the maximum duration of validity of the Club Card. This waiver will only be valid in one store and upon presentation by the third party of the required documents, i.e.: their ID, the Member's Club Card, the original medical certificate and the original waiver letter countersigned by Orchestra.
13 - BENEFITS OF THE CLUB CARD
- 1. Membership of the Orchestra Club enables members to make purchases at Club prices for products offered for sale in participating Orchestra stores in Switzerland, France, Luxembourg, Belgium, Spain, Greece, Morocco, Canada, Germany, Saudi Arabia, Reunion Island and Mauritius. Club Cards purchased in Switzerland can be used to purchase childcare products at www.orchestra.ch for delivery in Switzerland. The membership is not valid at multi-brand retailers, zones and clearance stores.
- 2. The Club price is the store price minus a 50% discount all year round on all ORCHESTRA brand clothing and accessories and PREMAMAN maternity clothing, and a 30% discount on footwear, with the exceptions listed below (exceptions: Adidas, Puma, Reebok, etc.) Adidas, Puma, Reebok, Umbro, Vortex), and -20% on PREMAMAN childcare clothing. Members benefit from a discount of up to 20% all year round on all childcare products, with the exceptions of Bugaboo, Stokke, Cybex, Canailles Dream and infant milk. Excluded brands are marked in stores in Switzerland.
- 3. Members benefit from Club prices upon presentation of a membership card at the till, and following an identity check to ensure that the photograph on the card is a true likeness of the cardholder. Members may also benefit from Club prices by using the Club Card when making online purchases.
- 4. Club prices do not apply to sales of gift cards, third-party Club memberships or any other Orchestra services. The Club price cannot be combined with sales, batch offers or any other promotional operation offered in Orchestra Switzerland stores or at www.orchestra.ch
14 - IN CASE OF LOSS OR THEFT OF THE CLUB CARD
In case of loss of the Club Card, the Orchestra store will conduct a search in the Orchestra database to identify the customer. If the customer is in the database, after verifying their identity (presentation of an official document is required), the store will issue a new Club Card in exchange for CHF 5. The old card number will be deactivated and the card's validity date will not be changed.
If the Club Card is stolen, the Orchestra store will search the Orchestra database to identify the customer. If the customer is in the database, the store will issue a new Club Card free of charge after verifying the customer's identity and presenting the receipt for the complaint.
If the cardholder cannot be found in the database, the customer must pay for a new Club membership with a validity date corresponding to the day on which the new Club Card is created. A new card will be created and issued.
15 - WHAT ARE MY OBLIGATIONS?
The Orchestra Club Member is obliged to inform Orchestra of any change of address, by contacting Customer Services via [email protected]. In the event that the contact information is incorrect or no longer in use, and unless the holder has provided Orchestra with new contact information within 30 days, Orchestra Switzerland will no longer be able to send communications relating to the programme. It will be released from any obligation towards the Member.
The Member also agrees not to use the Club Card fraudulently.
The following are considered fraud or attempted fraud:
- Presentation of a Club Card without photo identification
- Use of a payment method associated with the Club Card that is not in the Club Cardholder's name
- Lending, sharing of the Club Card, bulk purchasing or purchasing on behalf of a third party using the Club Card.
Orchestra Switzerland reserves the right to cancel, immediately and without compensation, membership of the Orchestra Club and its benefits in case of fraud or attempted fraud by the Member in store, or inappropriate use.
16 - HOW IS MY PERSONAL DATA PROCESSED?
All personal data is subject to the provisions of Law No. 78-17 of January 6, 1978, amended by the Law of August 6, 2004. As such, the Member has the right to access and rectify or delete data concerning him/her and processed by Orchestra, as well as the right to object to the processing of such data for the purpose of direct commercial prospecting. The Member may exercise these rights by contacting Orchestra Switzerland Customer Services at [email protected].
All customer data is treated as strictly confidential and Orchestra Switzerland undertakes to comply with the rules of ethics issued by the ASVPC and the legislation in force, particularly with regard to data protection.
Providing an email and/or mobile phone number when making a purchase in an Orchestra Switzerland store automatically results in registration of the email and/or mobile phone number in the Orchestra Switzerland customer file as a subscriber to Orchestra Switzerland newsletters and SMS. The Member may unsubscribe using the link in the newsletters or by replying STOP to the SMS. When an account is created at www.orchestra.ch, registration in the Orchestra Switzerland customer file follows the same conditions.
We may send your personal information to our team or to our technical teams in order to manage user accounts, the website/mobile application and the Services offered to you. We do not disclose your personal data to any third party without your consent, in accordance with applicable law.
17- INTELLECTUAL PROPERTY
All elements of the www.orchestra.ch website, whether visual or audio, including the underlying technology, are protected by copyright, trademark or patent. They are the full and complete property of Orchestra. Any reproduction, representation, modification, adaptation or use of any of the elements of www.orchestra.ch constitutes an infringement that may incur the civil and criminal liability of the perpetrator.
Any User with a personal website who wishes to place, for personal use on this website, a simple link directly to the homepage of the website, must request permission from Orchestra Switzerland. Furthermore, any hyperlink to the website www.shop-orchestra.com and, in particular, using the technique of framing, deep-linking, in-line linking or any other technique of deep linking is strictly prohibited.
In any case, any link to all or part of www.orchestra.ch, even considered tacitly authorised, must be removed at the request of Orchestra Switzerland.
18 - CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND MEMBERSHIP OF THE ORCHESTRA CLUB
These General Terms and Conditions are available in participating Orchestra stores in Switzerland and at www.orchestra.ch.
Orchestra Switzerland reserves the right to modify or suspend the programme at any time and without notice. The change may affect the services and benefits related to the Orchestra Club. In the event of a permanent cessation of the program, the Member will benefit from the advantages linked to the Club until the expiry of the validity of the card they hold.
Orchestra Switzerland reserves the right to modify and adapt these conditions at any time. The User is invited to regularly check the site for any changes.
When confirming an order at www.orchestra.ch or taking out a membership in the Orchestra Club in store, the User or Member will accept the provisions of the latest version available at www.orchestra.ch.
In the event that one of the clauses of these General Terms and Conditions of Sale is invalid due to a legal or regulatory provision, or a court decision, the others will continue to apply.
*Conditions of the commercial offers
Conditions of the Round Prices offer at www.orchestra.ch: Offer only valid on products indicated by crossed out prices and labels at www.orchestra.ch. Offer cannot be combined with the Orchestra Club discount.