Terms of service

Terms & Conditions of Sale

Last updated [15/04/2024]

1. Scope

1.1. In addition to the Terms of Use which governs the use of the website bestoffe.ch (the “Site”), these Terms and Conditions (the “T&C”) apply to orders of products offered for sale on the Site Bestoffe , an individual company by Giancarlo Bello, registered  CHE-475.062.866 , and whose registered office is located at via Zorzi 26, Paradiso, Switzerland. Bestoffe and the Purchaser are hereinafter individually referred to as a “Party” and collectively as the “Parties”.

1.2. These T&C shall apply without restriction nor limitation to all orders of products offered for sale by Bestoffe on the Site, irrespective of the provisions that may be contained in Purchaser’s documentation, and in particular, the Purchaser’s general conditions of purchase.

1.3. In order to make a purchase on the Site, the Purchaser must unreservedly accept these T&C. The T&C applicable to the order are those accepted by the Customer when placing the order.

1.4. The sale of Products by Bestoffe on the Site is reserved to private and professional buyers based in Switzerland.

1.5. Purchaser is responsible for the security of its account and password on the Site. Bestoffe will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such password.

1.7. Bestoffe may at any time modify these T&C and will post a copy of the amended T&C at ****. The amended T&C shall automatically replace and supersede the then previous version of the T&C. For the avoidance of doubt however, the amended T&C, once posted online, will apply to orders placed as of such date, and orders already placed will remain to be governed by the T&C applicable when such orders were placed.

 

2. Products

2.1. The products offered for sale on the Site www.bestoffe.ch are leftovers, deadstocks and/or recycled items including without being limited thereto, scrap pieces or rolls of fabric or skin, buttons, zippers, ribs, etc (the “Products”), including samples of Products.

2.2. Availability

Bestoffe shall indicate on the Site the list of Products available for purchase. These are available within the limit of the stocks in reserve, which vary according to the Products.

Should the Products be totally or partially unavailable after the placement of an order, the Purchaser will be notified by e-mail as soon as possible of the unavailability of the Product and of the total or partial cancellation of their order. The Purchaser will be required to confirm its acceptance of the modified order or its cancellation of its initial order.

Any modification or cancellation of any order resulting from the above shall trigger refund of the corresponding amount(s) to Purchaser, as soon as reasonably possible and, at the latest, within 30 days of the Customer’s payment.

2.3. Condition

Bestoffe reminds the Purchaser that the sale on the Site relates only to Products which are coming from leftovers, deadstocks and/or recycled items and therefore may have defects.

Bestoffe takes the greatest care in presenting the Products on the Site. Nevertheless, the Products are sold to Purchaser “AS IS”. In particular, it is remined to Purchaser that the photographs illustrating the Products are for information purposes only and do not fall within the scope of the contract. Indeed, although every effort is made to ensure that the shade, colour or brightness, drape, fall, transparency, elasticity, creasing or touch and feel of the Products, whose photos are displayed on the Site, are faithful to the original products, variations may occur, particularly due to the technical limitations of the colour rendering of computer equipment. In addition, due to batch-to-batch variations, products variations may occur in relation to (i) the thickness of the Products as well as (ii) yardage and width of fabric and laces related Products and (iii) size of skins in respect to leather products, within the customary Industry Tolerance as defined hereafter, which Purchaser acknowledges and accepts.

For the purposes hereof, the Industry Tolerance shall refer to yardage and width of fabric and laces related Products as well as to size of skins of leather related Products and shall mean:

• a tolerance of five (5%) percent for textile items (other than fabric panels) and/or

 

The Purchaser is responsible of its choice of Products in view of its own contemplated manufacturing process, and of the adjustment of his manufacturing process to the Products it purchases on the Site. Further, Purchaser is liable for any treatment applied to the Products by the Purchaser.

2.4. Minimum quantity

There is no minimum quantity to order.

 

3. Orders/Prices

Ordering Process

3.1. To place an order, the Purchaser must comply with the Terms of Use of the Site and acknowledge having read and accepted these T&C. Sales shall be perfected only after Bestoffe has expressly accepted the Purchaser’s order in writing. Bestoffe shall notably verify whether the requested Products (and quantities listed in the order) are available. Also, Bestoffe reserves the right to not pursue the order from a Purchaser that is not current in its payments.

3.2. All the steps necessary to conclude the sale of Products are detailed on the Site. The Purchaser has the possibility, before definitively validating his order, to check the details of the order, its total price as well as the preparation and shipping costs before confirming it to express his acceptance.

3.3. As soon as the Purchaser has validated his order, Bestoffe will (i) confirm the order by electronic means, specifying sales taxes and shipment details of the Products. The Purchaser will also receive (ii) a confirmation of payment and (iii) a confirmation of shipment by electronic means.

3.4. In the event of prolonged inactivity of more than 15 minutes when connecting to the Site, it is possible that the selection of Products chosen before this inactivity is no longer guaranteed, in which case the Purchaser will be invited to resume his selection of Products from the start. Given the limited stocks, the availability of the Products cannot be guaranteed in this case.

3.5. The benefit of the order is personal to the Purchaser and may not be transferred without Bestoffe’s express written agreement.

3.6. The Purchaser may request an amendment to its order from Bestoffe, by emailing at info@bestoffe.ch provided no later than 1 day after Bestoffe’s written confirmation of the order. Bestoffe reserves the right to accept or refuse such requests depending on its capacity to do so and at its sole discretion. Beyond such time-period or in the event Bestoffe refuses the amendment requested by Purchaser, any change to or cancellation of the order by the Purchaser for any reason whatsoever other than force majeure shall automatically lead to the payment of a penalty equal to 30% of the amount (before tax) of such order as damages. The Products are sold outright and may not be returned for credit or exchanged.

3.7. The Products are sold and invoiced to the Purchaser on the basis of the price set forth on the Site on the date Bestoffe confirms the order. Such prices are firm, excluding sales tax and preparation and shipping costs. Sales tax, preparation and shipping costs will be invoiced in addition and are also specified on the Site before Purchaser proceeds to the final validation of the order.

 

4. Payment terms

4.1. The price is payable in whole in one installment on the Site (handled online securely by our service provider Shopify payments) as part of the checkout process. By exception to the above, and subject to prior written agreement of Bestoffe on a case-by-case basis (at Bestoffe discretion), payment can be made by bank wire transfer within two (2) business days as from the date of receipt of the order confirmation email.

Products will not be dispatched until Bestoffe has received payment of the full price from the bank wire transfer (if this payment method has been subject to the prior written agreement of Bestoffe).

4.2. If, for any reason whatsoever, it proves impossible to debit the sums due by the Purchaser, the order will be immediately cancelled.

4.3. In the event of non-compliance with the payment terms set forth above, Bestoffe reserves the right to suspend or cancel the delivery of the Purchaser’s outstanding orders, and to demand immediate payment of all amounts due, even with respect to other deliveries as well as late payment penalties calculated at a rate of three times the statutory interest rate and applied to the price (inclusive of tax) set forth in such invoice shall automatically and as of right accrue to Bestoffe without any formality or prior notice being required.

4.4. Finally, a flat-rate fee for collection expenses in an amount of 50 chf shall be due, as of right and without prior notice being required, by the Purchaser in the event of a payment default. Bestoffe reserves the right to demand that the Purchaser pay additional indemnification if the actual collection fees incurred exceed such amount (upon presentation of supporting documentation).

4.5. In the event of unavailability of the Product(s) ordered, the price of the unavailable Product(s) will be refunded to Purchaser.

 

5. Deliveries

5.1. When Purchaser places its order, Bestoffe shall indicate to the Purchaser the estimated delivery date for the Products that are the subject matter of the order. This date does not constitute a strict deadline and Bestoffe shall not to be liable to the Purchaser in the event of a late delivery not exceeding the estimated delivery date plus six (6) weeks as from the receipt by Bestoffe of a written formal demand notice from the Purchaser. In the event of a delay beyond such period, the Purchaser may demand that the delayed order be cancelled and get a refund of the price paid for such cancelled order. In such case, the cancellation of the order and refund of price will be Purchaser’s sole remedy in relation to the relevant delayed order, to the exclusion of any further damages.

5.2. The Purchaser must accept any partial delivery of its order so long as all Products whose order is confirmed are delivered as per the conditions hereabove.

5.3. Under no circumstances shall Bestoffe be liable in the event of a delay or a suspended delivery attributable to the Purchaser or in the event of force majeure. An event of force majeure notably includes events such as social mobilisation, war, pandemic, total or partial strikes, lock-outs, requisitions, raw material shortages, supplier or subcontractor defaults, fire, machinery accidents, interruptions or delays in transport or any other event that impedes Bestoffe’s activities or the activities of its suppliers or sub-contractors.

5.4. Deliveries shall be made by direct presentation of the Products to the Purchaser. The Purchaser must verify the apparent state of the Products upon delivery. In addition to Purchaser’s obligations to notify any damages/missing Products to the transporter in the conditions (delay and format), as applicable, failing any reservations expressly made by Purchaser in writing and accompanied by the bill of delivery sent by fax or by registered mail to Bestoffe within 5 business days as from the delivery date, the Products delivered by Bestoffe shall be deemed to comply with composition and yardage (subject to the Industry Tolerance as defined hereabove) mentioned on the order. No claim may be validly accepted in the event the Purchaser does not comply with all these formalities.

5.5. Bestoffe shall not be bound by its obligations to deliver if the Purchaser does not comply with any or all of the obligations contained herein and in particular in the event of a failure to comply with the payment terms or in the absence of or delay in the transmittal of information, authorisations or approvals.

5.6. This Site only ships Products to addresses in Switzerland

Bestoffe shall be deemed to have fulfilled its delivery obligations once the ordered Products are provided to the Purchaser.

 

6. Product returns

All return of Product by the Purchaser, for any reason whatsoever, shall be subject to the express prior written agreement of Bestoffe. The Purchaser may not request the return of any Product that is not justified by duly demonstrated non-conformity or defect, returns are subject to a prior formal written agreement with Bestoffe, in the conditions detailed below.

Purchaser can only return products which the Purchaser has duly proven to be non conforming with respect to composition of the fabric or yardage (subject to the Industry Tolerance as defined here above) and has notified the same in the conditions set forth in article 5.4 above, it being specified that the Products must be returned intact, in the exact same condition as it has been purchased in its original packaging and wrapping. Products returned used or cut, incomplete, damaged, deteriorated or soiled by the Purchaser shall not be reimbursed.

Purchaser may only submit Product return request within five (5) business days following the date of delivery of the Product.

All other return claims shall be refused by Bestoffe.

To return a Product, the Purchaser must contact info@bestoffe.ch

Bestoffe will send the Purchaser an acknowledgement of receipt to confirm whether his return request has been accepted or not.

The expenses and risks of return shall always be borne by the Purchaser. It is specified that parcels sent postage due will not be accepted. Any return accepted by Bestoffe shall give rise to either replacement (if possible) or reimbursement (at the option of Bestoffe) in favour of the Purchaser after verifications of the purchased Products.

 

7. Liability of Bestoffe – Composition and/or yardage warranty

7.1. Although Bestoffe takes every step necessary to assure accurate representation of Products displayed on the Site, Products are sold “AS IS” without warranty of any kind, but for composition of the fabric and yardage (subject to Industry Tolerance as defined hereabove).

7.2. This composition and/or yardage warranty is limited to the replacement (if possible) or reimbursement of non-conforming Products. The warranty shall not apply in cases of improper use, negligence or a default in maintenance on the part of the Purchaser, or in cases of normal use of the Product or the event of force majeure.

7.3. For the purpose of asserting its rights and on pain of foregoing any claim relating thereto, the Purchaser must inform Bestoffe in writing of the existence of non conformity in the conditions set forth under articles 5.4 and 6 above.

7.4. Bestoffe shall replace or refund any such return prorate the quantity of Products impacted.

7.5. The warranty shall not apply if the Products were subject to abnormal use or were used under conditions other than those for which they were manufactured. The warranty shall also not apply to damage arising from an impact, fall, negligence, lack of supervision or maintenance, or in the event of a transformation of the Product.

7.6. Bestoffe shall in no event be liable for an amount exceeding the price of the Product which is the subject of a claim. Under no circumstances shall Bestoffe be required to indemnify for lost profit, loss of use or any indirect or special damages.

 

8. Intellectual property

8.1. Bestoffe and/or its Affiliated companies and Partners retains all industrial and intellectual property rights relating to the photographs, technical and sales documentation and to any other element featured on the Site, which may not be communicated nor enforced without written authorisation.

8.2. When purchasing the Products on the Site, the Purchaser only acquires the material property of the Products without any kind of intellectual property rights potentially attached to the Products, from Bestoffe and/or its Affiliated companies and Partners.

As a result, no warranty of any kind, expressed or implied, is made by Bestoffe regarding especially some potential intellectual property rights attached to the Products, which the Purchaser acknowledges and accepts.

8.3. Regarding the sourcing of the Products, the Purchaser, in the context of the commercialization of the Products once integrated into its own production, including but not limited to the communication, the offer to sale, the sale thereof, undertakes not to make any reference and/or mention of the origin of the Products on the products deriving from the use of the Products, including but not limited to related labels, notices, leaflets, packaging. By exception to what is stated above, the Purchaser will be authorized to mention the sourcing of the Products if and only if required for regulatory reasons and/or to communicate on its website section dedicated to its suppliers using only the following wording “[The product] comes from Bestoffe, the resale platform of high-end circular materials for swiss creatives”.

 

9. Retention of title – Transfer of risk

9.1. Bestoffe retains title over the Products sold up until the payment in full of the price by the Purchaser, thereby allowing Bestoffe to regain possession of such Products.

9.2. As a result, until delivery of the Products to Purchaser, Bestoffe undertakes to insure the Products at its own expense with appropriate insurance Transfer of risks on the Products shall occur upon delivery to Purchaser.

 

10. Unforeseeable changes

In the event of a change of circumstances that was unforeseeable at the time the order was confirmed by Bestoffe, in accordance with the provisions of Article 1195 of the French Civil Code (Code civil), the Party that did not accept to bear the risk of excessively costly performance may demand from its counterparty that the relevant order be renegotiated. In case the Parties do not reach an agreement on such renegotiation, and by exception to the provisions of Article 1195 of the French Civil Code (Code civil), each Party can terminate the order (and Purchaser would be refunded for any amount already paid) by sending the other party written notice and without indemnification for either Party.

 

11. Jurisdiction

All disputes which may arise between the Parties from these T&Cs and all transactions arising therefrom, whether related to the validity, interpretation, performance and/or termination of the same, as well as the consequences thereof, shall be subject to the exclusive jurisdiction of the Lugano Tribunal.

 

12. Applicable law - language

The Parties expressly agree that these T&C and all transactions arising therefrom shall be governed by Swiss law.

These T&C are drafted in English. To the extent that they are translated into one more language(s), only the English version shall prevail in the event of a dispute.

 

13. Purchaser’s acceptance

These T&C are expressly accepted and agreed to by the Purchaser who places an order on the Site. The Purchaser represents that it is fully aware of these T&C and, consequently, renounces from availing itself of its own general conditions of purchase.