General terms and conditions of sale

The online shop & website PLASTICFANTASTICSHOP.COM has been set up by PLASTIC FANTASTIC GmbH, the holder of the rights and operator of the PLASTICFANTASTICSHOP.COM brand.

Article 1: purpose

The purpose of these General Terms and Conditions of Sale is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company PLASTICFANTASTICSHOP.COM / PLASTIC FANTASTIC GmbH to consumers.

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company PLASTICFANTASTICSHOP. COM / PLASTIC FANTASTIC GmbH (“the Seller”) to consumers (“the Customer” or “the Customers”), wishing to purchase the following products: holds, volumes, macros, etc. (“the Product” or “the Products”) on the PLASTICFANTASTICSHOP.COM website.

In particular, they specify the terms of payment, delivery and order fulfillment.

These General Terms and Conditions of Sale are supplemented by the order form, which is a contractual document. In the event of any contradiction between the provisions contained in the order form and the provisions of these General Terms and Conditions of Sale, these General Terms and Conditions of Sale shall prevail.

They are accessible at any time on the PLASTICFANTASTICSHOP.COM website and shall prevail, where applicable, over any other version or any other contradictory document.

As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the PLASTICFANTASTICSHOP.COM website on the date the order is placed.

Modifications to these General Terms and Conditions of Sale are enforceable against users of the PLASTICFANTASTICSHOP.COM website as soon as they are posted online and cannot be applied to transactions concluded previously.

Article 2: characteristics of the products offered for sale

2.1 Main characteristics

The Products offered for sale on the PLASTICFANTASTICSHOP.COM website are described in such a way as to enable the Customer to ascertain their main characteristics, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, as well as their price.

The Customer is required to read these descriptions carefully before placing an order.

The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs illustrating the Products on the PLASTICFANTASTICSHOP.COM website are not contractually binding and do not engage the liability of the Seller.

Similarly, the texts accompanying these photographs are a reproduction of the information appearing on the packaging and/or on the instructions for use provided by the manufacturer or distributor of the Product. Consequently, they cannot engage the responsibility of the Seller.

The Customer is required to refer to the description of each Product in order to ascertain its properties, essential characteristics, availability and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.

2.1 Environmental characteristics

The products offered for sale on PLASTICFANTASTICSHOP.COM are of 4 types per material: polyester or polyurethane holds, fiberglass macros, resin-coated wood volumes, thermoformed plastic macros. The materials used are not recyclable as they are, but can be repaired and reused or second-hand via the retexturing process.

Article 3: Period of validity of the product offer

The Product offers presented by the Seller are subject to availability, as specified when the order is placed.

Article 4: Orders

Article 4.1: Opening an account

Each Customer is required to open an account by providing the information necessary for the delivery and/or invoicing of the order.

Article 4.2: Placing the order

It is the Customer's responsibility to select the Products he wishes to order on the PLASTICFANTASTICSHOP.COM website, according to the following procedure:

Selection of the Product(s) and the quantity
Validation of the basket
Registration and/or connection to the customer account
Acceptance of these General Terms and Conditions of Sale
Choice of delivery method and provision of delivery information
Payment (payment by invoice with payment within 10 days is possible)

The Customer has the possibility to check the details of his order and its total price and to correct any errors before validating his payment. It is his responsibility to check the accuracy of the order and to immediately report or rectify any errors.

An order is recorded on the PLASTICFANTASTICSHOP.COM website when the Customer accepts these General Terms and Conditions of Sale by ticking the box “I accept the general terms and conditions and the privacy policy” provided for this purpose and validates their order. This validation implies acceptance of all of these General Terms and Conditions of Sale.

Article 4.3: Order confirmation

Once payment has been validated, the order is confirmed and can no longer be canceled.

After validation, an order confirmation email is sent to the Customer at the email address associated with their customer account.

The sale is not finalized until it has been confirmed by email.

The Seller reserves the right not to confirm an order for any reason whatsoever, including in particular the supply of Products, a problem with the order received, an abnormal order or a foreseeable problem with the delivery to be made, it being understood that this list is not exhaustive. The Seller shall inform the Customer by any means.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

Article 4.4: Modification of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.

Article 4.5: Cancellation of the order

Orders may only be canceled by the Customer in the event of force majeure.

Except in the event of force majeure, orders may be canceled in the event of unavailability of the Product ordered, in particular due to our suppliers. The Customer will be informed of this as soon as possible and will have the choice of requesting either a refund of the sums paid or an exchange of the Product.

Article 5: Prices

Prices are indicated in Swiss francs, inclusive of all taxes, excluding delivery charges.

Products are supplied at the prices in force on the PLASTICFANTASTICSHOP.COM website at the time the order is placed by the Customer.

Prices do not include any delivery charges, which will be added when the Customer confirms the order.

Any customs duties and other taxes due are included in the shipping price displayed when the order is placed.

Article 6: Payment terms

The price is payable in cash to the Seller, who collects the amount on the day the order is placed by the Customer, by credit card or invoice. Consequently, the sums paid cannot be considered as deposits or down payments.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. It must be made when the order is placed.

Any order can only be validated by the Seller after receipt of full payment.

The Seller reserves the right to suspend any order management or delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment.

The Seller reserves the right to cancel or refuse any order from a Customer who has not fully paid for a previous order or with whom a dispute relating to the payment of a previous order is in progress. Consequently, any new order may only be placed after the Customer has paid the amounts due for previous orders.

Payment by bank card is irrevocable, except in the case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the restitution of the corresponding sums.

Article 7: Delivery

Article 7.1: Delivery terms

The Products ordered by the Customer will be delivered in Switzerland to the address indicated by the Customer when placing the order.

Delivery consists of the transfer to the Customer of physical possession or control of the Product.

If the Products are available in stock, delivery of the order will be made within a minimum period of 7 working days from the day after the consumer placed the order. If the Products are unavailable, delivery will be made within the period indicated on the PLASTICFANTASTICSHOP.COM website on the product sheet.

The Seller undertakes to make every effort to deliver the Products ordered by the Customer within the specified time. However, these times are given as an indication only.

If the Customer wishes the Products ordered to be delivered to several different locations, he/she must place different orders for each delivery location.

The Seller reserves the right to deliver an order to the Customer in several installments.

The ordered Products will be delivered by the postal service for any parcel weighing less than 30 kg, and/or by truck for any parcel weighing more than 30 kg. The Seller reserves the right to change carrier at any time.

Article 7.2: Delivery charges

An estimate of the delivery costs is indicated and invoiced for all orders of less than CHF 100,000. Some products are excluded from direct ordering due to their exceptional sizes, and the transport prices will be communicated by estimate within a maximum of 2 working days.

Article 7.3: Delivery problems due to the carrier

Each shipment of Products is the subject of an email sent to the Customer.

The Vendor cannot be held responsible for the delay or non-delivery of an order that has been dispatched.

Article 7.4: Damage

The Customer is required to check the condition of the packaging of the goods upon delivery and to report any damage to the carrier on the delivery note and to the Vendor within 24 hours.

Any anomaly concerning the delivery (damage, damaged package, broken products, etc.) must be indicated when the complaint is made.

The Customer must send an email to the following email address: info@plasticfanticshop.ch.

Article 7.5: Delivery errors

Any complaint regarding delivery errors and/or non-conformity of the Products delivered in terms of quality and in terms of quality in relation to the information on the order form must be made by the Customer to the Seller on the day of delivery or no later than the first working day following delivery. Any complaint made after this deadline will be rejected.

The complaint can be addressed to the Seller:

In priority, by telephone: 077 439 55 18, Monday to Friday from 9am to 12pm and 1pm to 5pm
On the website: PLASTICFANTASTICSHOP.COM by logging in to the “follow your order” section
By email: info@plasticfanticshop.ch.

Any complaint not made in accordance with the rules defined above and within the time limits set will not be taken into account and releases the Seller from all liability towards its Customer.

Any Product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging, by registered mail, to the following address: PLASTIC FANTASTIC GmbH, Pappelweg 24, 3013 Bern.

Before returning any Products, the Customer must notify the Seller's Customer Service Department and must be approved by the Seller.

The shipping costs are borne by the Seller, except in the event that it turns out that the returned Product does not correspond to the original declaration made by the Customer in the return request.

After receipt of the return, if the Product meets the conditions listed above, the Seller will proceed to exchange or refund it, at the Customer's discretion.

Article 8: Transfer of ownership - Transfer of risk

The transfer of ownership of the Products from the Seller to the Customer shall only be completed after full payment of the price by the latter, regardless of the delivery date of said Products.

Regardless of the date of transfer of ownership of the Products, the transfer of the related risks of loss and damage takes place on the date the Products leave the warehouses to be delivered to the Client. The Products are therefore transported at the Client's own risk.

Article 9: Right of withdrawal

Swiss law does not provide for any withdrawal period or other right of return for e-commerce once the order has been placed. The seller reserves the right to process return requests at his convenience.

Article 10: Seller's liability - Warranty

The Products comply with the regulations in force in Switzerland and are compatible with non-professional use.

The Products supplied by the Seller benefit automatically and without additional payment in accordance with the legal provisions,

The legal guarantee of conformity, for Products that are apparently faulty, spoilt or damaged or do not correspond to the order,
The legal guarantee against hidden defects arising from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use.

The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

Where the contract of sale of the goods provides for the supply of digital content or a digital service continuously for a period exceeding two years, the legal guarantee shall apply to such digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date of its appearance.

The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all the updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity entitles the consumer to the repair or replacement of the goods within thirty days of the request, free of charge and without major inconvenience to the consumer.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer is also entitled to a reduction in the price of the goods or the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction in the price or termination of the contract. In this case, the consumer is not required to request the repair or replacement of the goods beforehand.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are immobilized for repair or replacement suspends the remaining warranty until the repaired goods are delivered.

Article 11: Protection of personal data

In accordance with the Data Protection Act, which came into force on September 1, 2023, it is reiterated that the personal data requested from the Customer is necessary for the placement and processing of the order.

This data enables the contract to be fulfilled and orders to be shipped. It cannot be used for any other purpose without the Customer's consent.

The Seller undertakes to ensure the security of the personal data that it keeps for the purposes of fulfilling and tracking orders.

The processing of information communicated via the PLASTICFANTASTICSHOP.COM website complies with the legal requirements regarding personal data protection, with the information system used ensuring optimal protection of this data.

In accordance with current national regulations, the Customer has the right to permanently access, modify, rectify, oppose the portability and limit the processing of information concerning them.

This right may be exercised under the conditions and in accordance with the procedures defined on the PLASTICFANTASTICSHOP.COM website.

Article 12: Intellectual property

The content of the PLASTICFANTASTICSHOP.COM website is the property of the Seller and its partners and is protected by Swiss and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

Article 14: Force majeure

The Parties may not be held liable if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure. The event must be external, unforeseeable and unavoidable. The absence of any one of these three characteristics invalidates the notion of force majeure.

The Party noting the event must immediately inform the other Party of its inability to perform its service and justify this to the latter. The suspension of obligations may under no circumstances be a cause of liability for non-performance of the obligation in question, nor may it lead to the payment of damages or penalties for late payment.

As soon as the cause of the suspension of their reciprocal obligations disappears, the Parties shall make every effort to resume the normal performance of their contractual obligations as quickly as possible.

If the impediment is definitive or exceeds a period of 30 days, these presents shall be purely and simply terminated after sending a formal notice by registered letter with acknowledgement of receipt or any extrajudicial act.

Consequently, the order will be considered canceled.

Article 15: Applicable law - Language

These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to Swiss law.

They are written in French, German, Italian or English.

In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.

Article 16: Disputes

The Seller and the Customer shall make every effort to reach an amicable settlement of the dispute. In the event of a dispute or complaint, the consumer shall first contact the Seller to obtain an amicable solution.

All disputes to which sales transactions concluded in application of these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, performance, termination, consequences and outcomes, and which could not be resolved between the Seller and the Customer, shall be submitted to the courts of ordinary jurisdiction.

Article 17: Partial nullity

If one or more stipulations of the present document are held to be invalid or declared as such in application of a law, regulation or definitive decision by a competent jurisdiction, the other stipulations shall retain their full force and scope.

Article 18: Pre-contractual information - Acceptance by the client

Article 18.1: Acceptance by the client

The fact that a person places an order on the PLASTICFANTASTICSHOP.COM website and clicks twice on the order form implies full and unreserved acceptance of these General Terms and Conditions of Sale, which is expressly recognized by the Customer, who waives the right to invoke any contradictory document, which shall be non-binding on the Seller.

Article 18.2: Identification of the Seller

Form and name: PLASTIC FANTASTIC GmbH

Address of the registered office: Pappelweg 24, 3013 Berne

VAT number: CHE-347.265.441

President: Lowie Lamberechts

Contact email: info@plasticfantasticshop.ch