Terms and Conditions of Sale
1.1 These terms and conditions (‘General Terms’) are intended to govern contractual relations between DONA coffee SARL, based at Chemin du Clos de Leyterand 10, 1806 St Légier, Switzerland (‘DONA coffee SARL’) and anyone placing an order (‘Customer’) on the www.dona.com website (hereafter: the “Site”).
1.2 DONA coffee SARL reserves the possibility of adapting or modifying the Terms and Conditions at any time, which will be immediately applicable to any new order.
1.3 On each order, the Customer must confirm that he/she has been aware of the Terms and Conditions and accepts them. In the event of a dispute, the General Terms in effect at the time of the order will be valid.
2.1 The products sold are described on the www.dona.com website at the time of sale. Product characteristics and photos are published on the basis of data provided by the manufacturer and are given only as an indication. Because the reproduction of colors on a computer screen is not perfect, DONA coffee SARL cannot guarantee that the color of the goods is exactly the same as that appearing on the screen.
2.2 Products are available on the Site based on available inventories, subject to changes. DONA coffee SARL reserves the right to restrict the availability of certain products or product categories for deliveries outside Switzerland.
2.3 Prices are defined as net, in Swiss francs (CHF).
2.4 In addition to the prices listed, the delivery costs listed in the Basket section are added to the order under article 4.2 below.
2.5 By clicking On Place order you give your consent to order selected items in your shopping cart. The sales contract comes into effect when the customer receives the order confirmation email.
3.1 The price of purchases made on the Site is due at the time of order.
3.2 Payment is only made by credit card. The order amount is debited immediately upon confirmation.
3.3 DONA coffee SARL does not have access to confidential information relating to the means of payment. The information entered is encrypted and transmitted to our financial partner securely without DONA coffee SARL being able to access it. The customer’s credit card details are encrypted using the Secure Socket Layer (SSL) protocol and do not pass through the network in plain language. The risk of a payment system malfunction is borne by the Customer.
4.1 DONA coffee SARL delivers its products to Switzerland. All deliveries outside Switzerland will be defined according to the list of countries available when entering the destination/billing of the order. Outside of these countries, a delivery will be established on an approved quote basis between DONA coffee SARL and the Customer.
4.2 Delivery costs are by default borne by the Customer. The amount of the delivery fee is shown in the Basket section and is subject to customer approval before each order is validated. Shipping by regular mail in Switzerland for orders of coffee over 35 CHF are borne by DONA coffee SARL.
4.3 Products are sent to the delivery address indicated by the Customer at the time of the order. Delivery is carried out by the services of a carrier. The risks associated with sending the goods to the Customer (risk of loss, destruction, poor delivery address, etc.) are borne by the Customer as soon as DONA coffee SARL hands over the goods to its logistics partner. The costs associated with the return of an unclaimed parcel and its eventual re-shipment are borne by the Customer.
4.4 Delivery times are indicated to the Customer at the time of the order, being specified that they are given only as an indication. As orders are prepared on demand, delivery times in Switzerland may be between 5 to 7 days.
4.5 DONA coffee SARL has the right to cancel an order, even if accepted, without the need to indicate the reasons to the Customer. In such a case, the Client’s claims to DONA coffee SARL are limited to the restitution of the amounts paid, excluding any damages.
5. RIGHT OF RETURN, WARRANTY IN CASE OF DEFAULT
5.1 When receiving the order, the Customer must immediately inspect the delivered products.
5.2 If one or more of the delivered products are defective, the Customer must notify DONA coffee SARL within 2 business days of receipt, by email to the firstname.lastname@example.org address. DONA coffee SARL will confirm by email, within one business day, the correct receipt of the Customer’s announcement. Defect announcements that have not been confirmed by DONA coffee SARL will not be considered valid by DONA coffee SARL.
5.3 In the event of a default, the guarantee of DONA coffee SARL is limited exclusively to the exchange or refund of the defective product.
6. FORCE MAJEURE
6.1 DONA coffee SARL will make its best efforts to meet its obligations, but cannot be held responsible for delays or lack of delivery arising from circumstances beyond its control, such as strikes, wars, natural disasters or other events of any kind that prevent the production, transport or delivery of products.
6.2 In the event of a delay, DONA coffee SARL will meet its obligations as soon as possible and reserves the right to distribute the remaining product stocks among its customers fairly.
7. DATA PROTECTION AND SECURITY
7.1 Customers can place an order on the Site without creating a customer account.
7.2 When connecting to the Site or communicating electronically with DONA coffee SARL, the Customer’s data passes through a public network accessible to all. Data may also cross borders, even if the issuer and recipient reside in the same country. It is therefore not excluded that third parties have access to such information and that they infer the existence of a contractual relationship with DONA coffee SARL.
7.3 DONA coffee SARL may collect, in particular through “cookies” data related to the site’s attendance, including the IP address of the Customer or any other visitor, which are used for statistical, security, system monitoring, management, analysis, marketing and compliance with legal and regulatory obligations. This data is anonymous.
7.4 Personal data is collected online expressly when the Customer registers to place an order. Registration provides an opportunity for DONA coffee SARL to collect basic information such as first name, surname, postal address, email address, phone number, and mobile phone number.
7.5 DONA coffee SARL also reserves the right to register the names, first names, email address and content of the correspondence of any person who sends an email (or e-mail) to a DONA coffee SARL employee or the site manager in order to be able to reply or inform him/her of the follow-up of his/her order.
7.6 The information required by DONA coffee SARL when registering online is limited to the information required for DONA coffee SARL to ensure the best possible service and follow-up. The mandatory information is clearly indicated by an asterisk at the beginning of the title of the field to be filled out.
7.7 DONA coffee SARL is not liable for any inaccuracy regarding personal data if these errors are the result of an erroneous indication on the part of the Customer. In the event of inaccuracies due to other causes, the liability of DONA coffee SARL is limited exclusively to granting the Client the right to access and correct personal data in accordance with Article 10 below.
7.8 Although it does everything possible to protect personal data, DONA coffee SARL is not responsible for the security of the personal data transmitted to it on the Site as it is not possible to fully guarantee the security of transmissions on the Internet. They are communicated to the Customer’s own risks. On the other hand, DONA coffee SARL makes every effort to ensure their confidentiality as soon as it has been entered into its system and to prevent this personal data from being transmitted to third parties other than those possibly involved in the processing of the Customer’s order.
8. ACCESS RIGHTS AND CORRECTION OF DATA
8.1 Subject to any legal obligations to retain the data obtained, any interested party may request, in accordance with the provisions of the Federal Data Protection Act of 19 June 1992, to have their data provided by e-mail by sending a written and signed request to DONA coffee SARL. If such data is no longer up to date or is inaccurate or incomplete, the individual may ask DONA coffee SARL to modify the data about him/her accordingly. He/She can also ask DONA coffee SARL to delete them at any time.
9.1 DONA coffee SARL and its board members, directors, employees, assistants and shareholders assume no liability for losses and damages of any kind resulting from access to the Site or the use of the information or notices available on this Site or the inability to access or use the information or notices available on this Site.
9.2 In particular, the liability of the Company and its board members, directors, employees, assistants and shareholders, for any injury or loss suffered as a result of an error, technical or not, a transfer failure, an overload situation, a difficulty of use, a service interruption (including the system maintenance service), a delay in the transmission of information, an incompatibility between this Site and the files and/or software of the User (especially with his “browser”) and/or computer, malfunction, interference, transmission of a virus or computer worm to one’s computer, illegal intrusion (e.g. as a result of computer hacking), intentional blocking of telecommunications tools and networks (e.g. as a result of mass mailing or denial-of-service attacks) or any other mismatch by telecommunications or network service providers is excluded.
10. PARTIAL NULLITY
10.1 If any of the provisions of the Terms and Conditions were not valid, non-compliant or not applicable, this does not in any way result in the invalidity, cancellation or non-performance of the other provisions of the General Terms. The invalid, non-compliant or unenforceable clause will be replaced by another valid, compliant and applicable clause that is as relevant as possible to the meaning and purpose of the invalidated clause.
11.1 Only the French version of the General Terms is valid. Any possible translation of the General Terms is only provided for guidance.
12. APPLICABLE LAW AND PLACE OF JURISDICTION
12.1 Swiss law is applicable.
12.2 Any dispute related to an order placed on the Site, the Site or resulting from its use or access is subject to the exclusive jurisdiction of the competent courts of the Canton of Vaud, subject to possible appeals to the Federal Court in Lausanne.
St Légier, April 2022