after the rain S.A.
rue du stand, 40
1204 Geneva, Switzerland
+41 22 807 06 43
After the Rain SA has published an e-commerce website, hereinafter denominated the “Website”, which is accessible via the Internet at www.aftertherain.ch.
Article 1. Subject
These General Sales Conditions are intended to define the rights and obligations of the parties concerning the online sale of products offered on the Website.
Article 2. Products
The products offered for sale by After the Rain SA are those listed on the Website on the day the site is visited by the Internet user hereinafter denominated the “User”, and within the limits of available stock. The images and/or photographs illustrating the Products are outside the scope of the contract. If errors occur in these representations, in no event shall After the Rain SA be considered liable.
Article 3. Prices
3.1 Price indication
Prices are expressed in Swiss Francs and are VAT inclusive. For guidance only, prices may also be expressed in euros and dollars. The prices expressed do not include shipping costs.
The final price charged to the customer is the price specified on the order confirmation form and includes shipping costs and rebates if any.
Orders shipped within Switzerland are invoiced VAT included; orders shipped outside Switzerland are invoiced VAT excluded. VAT and customs fees will be borne by the buyer and may be claimed upon receipt of the goods at the prevailing rate in the country where shipping is to be made.
3.2 Price modification
After the Rain SA reserves the right - to which the User agrees - to modify its prices at any time. However products will be charged on the basis of the rates in effect at the time of registration of the order.
In case of pricing error on the product, After the Rain SA reserves the right to correct this price leaving a possibility for the User to cancel this order if the new price does not suit him/her.
Article 4. Order, Conclusion of the Sale and Payment
4.1 Registration of the order
To order the products he/she has chosen, the User will click on “place order”, a summary of his/her selection will appear. If this summary matches his/her selection, the User will validate the order by clicking on: “proceed to checkout”. He/she will then proceed to choosing the type of shipping, economical or priority.
4.2 Conclusion of the sale
The sale is concluded as soon as the User has validated his/her order and a confirmation was emailed to the address provided upon identification.
In case of an error in the recipient’s contact information, After the Rain SA shall not be held liable for its inability to ship the product(s) ordered.
After the Rain SA reserves the right to cancel any order placed by a customer with whom a dispute exists in relation to the payment of a prior order.
The price of the purchases made on the website www.aftertherain.ch is due immediately upon ordering.
Payment is made by bank credit card (Visa or MasterCard).
The information related to the payment method used by the buyer is encrypted and transmitted securely through SSL (Secure Socket Layer).
Article 5. Shipping
5.1 Shipping costs
All shipments made by After the Rain SA are sent by post by registered mail. Shipping costs are determined by the weight of the package, the destination country and the time frame desired by the buyer.
5.2 Time of delivery
The products ordered by the buyer will be sent to the address given by him/her on the order form within 7 business days from the business day following the validation by the buyer of his/her order, except in exceptional cases beyond the control of After the Rain SA.
After the Rain SA has no responsibility in case of delayed delivery due to the carrier or in case of loss of ordered products or postal service strike.
In case of non-receipt of the goods 30 days after receipt of the order confirmation, the buyer shall report the delay to the consumer service of After the Rain SA by addressing an e-mail to .
Transportation risks are borne by the buyer.
Article 6. Guarantee in Case of Defects and Returns
6.1 Control of the products by the buyer
Upon receipt of ordered products, the buyer shall control their compliance. Any anomaly concerning the shipping (missing or broken products, damaged packaging...) shall be reported by the buyer at the latest three days after receipt of the order to the customer service of After the Rain SA by e-mail addressed to . Evidence of non-compliance (photos, etc...) shall be provided. Failing to report the facts before the time limit, the customer shall bear responsibility for any damage to the goods.
6.2 Damage during shipping and delivery errors
Any damage during transportation (e.g. damaged packages) shall be reported by the buyer at the latest three days after receipt to the customer service of After the Rain SA by an e-mail addressed to . Evidence of non-compliance (photos, etc...) shall be provided.
All goods delivered by mistake or in excess shall be returned within 7 days.
All requests for returns must be sent to the customer service of After the Rain SA, by e-mail addressed to . As to returns in connection with a delivery error, an error on a product, etc., any demand for return from the User, has to have been accepted by After the Rain SA. Returns are accepted only in their original packaging, only unopened products shall be accepted. Shipping costs for return shall be borne by the User.
Article 7. Data Protection
The information requested in connection with distance selling is mandatory for order processing and shipping as well as for the preparation of the invoices. This information is strictly confidential. A lack of information implies the automatic rejection of the order.
After the Rain SA undertakes to comply with the federal law on data protection. All personal data transmitted by the customer is treated confidentially and shall not be shared with any third party. The customer is allowed to change his/her personal data at any time or request the removal of this data.
Article 8. Conditions of Use
The use of the website www.aftertherain.ch is allowed for private use only. Any commercial use, including in order to sell products purchased on the Website to third parties is prohibited.
The User's attention is also drawn to the fact that the total amount of his/her order shall not exceed CHF 2000.-.
The buyer claims to have full legal capacity and states having acknowledged the conditions listed on this screen at the time of his/her order and expressly accepts them without reservation. These General Sales Conditions shall govern the contractual relationship between After the Rain SA and the User, the two parties accepting them without reservation.
Article 9. Language
In case of divergence between the French version of these General Sales Conditions and any translation, the French version shall prevail.
Article 10. Amendment of the General Sales Conditions
After the Rain SA may amend these General Sales Conditions from time to time.
It is for the User to regularly inform him/herself on the content and on any changes made to these General Sales Conditions by visiting www.aftertherain.ch.
Article 11. Liability of After the Rain SA
These General Sales Conditions determine all the obligations and responsibilities of After the Rain SA.
After the Rain SA is not bound by any warranty, condition or provision that is not included in these General Sales Conditions.
11. 2. Force Majeure
No Party shall be responsible for the non-performance in whole or in part of its obligations under this contract, if such a non-performance is caused by an event of force majeure.
Will be considered as force majeure events fulfilling the criteria determined by law.
The party claiming an event of force majeure shall notify the other party within five business days following the occurrence or threat of this event.
The parties agree that they shall consult as soon as possible to find a solution with one another to determine whether to maintain the contract.
Article 12. Severability Clause
If one or more provisions of these General Sales Conditions are considered to be invalid or declared as such under any law, regulation or following a final decision of a competent court, the other provisions shall remain in full force and effect.
Article 13. Integration to the Contract
These General Sales Conditions and the Order Summary addressed to the buyer form a contract and constitute the entire contractual relationship between the parties.
In case of contradiction among these documents, the General Sales Conditions shall prevail.
Article 14. Applicable Law and Jurisdiction
These General Sales Conditions and the contractual relationship between After the Rain SA and the buyer are subject to Swiss law. For all other cases uncovered by these General Sales Conditions, the Swiss Code of Obligations shall apply.
The prevalent jurisdiction is in Geneva.