1. General :

These general conditions of sale, as well as the confidentiality declaration of the company Jean-Paul Nigro Sarl, govern the use of the website www.nigro.ch “online store” and the contractual relationship between the Customer “You” and Jean-Paul Nigro Sarl for all contracts concluded regarding the online store. With each order, the Customer expressly accepts these General Terms and Conditions and the confidentiality declaration as an integral part of the contract.

The following conditions apply to the exclusion of all other conditions for all deliveries and services from Jean-Paul Nigro Sarl. The Customer's conditions contrary to or divergent from our General Terms and Conditions are not recognized. Any additional agreement or other commitment made by Jean-Paul Nigro Sarl requires written form. Jean-Paul Nigro Sarl expressly reserves the right to modify these General Terms and Conditions at any time.

The offer and delivery via the online store is intended exclusively for Customers whose domicile or headquarters is located in Switzerland.

Jean-Paul Nigro Sarl processes your data in complete confidentiality and in accordance with the provisions of the Swiss data protection law in force (LPD). Your data may only be communicated to third parties to the extent that you have authorized us to do so by your consent in our privacy statement or if we are obliged to do so by law.

2.Products and prices:

Jean-Paul Nigro Sarl runs an online store at www.nigro.ch, including shoes.

All prices in the online store are expressed in Swiss francs (CHF) and include the current value added tax. The respective prices at the time of ordering apply excluding any shipping costs indicated separately.

Jean-Paul Nigro Sarl reserves the right to modify its prices at any time.

The “price advantages” displayed in the online store are rounded and calculated based on the unit purchase price.

3.Order and conclusion of contract:

Once the Customer has finalized his order in a firm and definitive manner by accepting the General Terms and Conditions and the confidentiality declaration by clicking on the “Finalize my purchases” button (or similar wording), he receives an automatically generated order confirmation. to the e-mail address he indicated. Receipt of the order confirmation does not guarantee that the products are deliverable.

The offers and data stipulated in the online store are non-binding. Each Customer order is placed subject to availability of the goods / possibility of delivery, the accuracy of the price indicated as well as receipt of payment. The firm and definitive contract comes into force after transmission of the (electronic) shipment confirmation, however at the latest upon delivery of the ordered goods. The same applies to each partial delivery of subscription contracts (see point 4).

If payment is not made on time or if part or all of the goods ordered by the Customer cannot be delivered, Jean-Paul Nigro Sarl reserves the right to cancel an order in whole or in part.

If the Customer does not receive the ordered goods within 10 days following receipt of the shipping confirmation or the date of delivery (the postmark being taken as proof), the Customer is required to report the goods not received in writing (e-mail or in the form of a letter) to Jean-Paul Nigro Sarl.

4. Payment methods and conditions:

The Customer has the option of paying for his orders by credit card, bank transfer or in cash if there is collection from the store. In specific cases or in general, Jean-Paul Nigro Sarl reserves the right not to offer certain payment methods or to offer other payment methods.

If the Customer is late with payment, future deliveries will be suspended until proof of payment has been provided.

In the event of unsuccessful invoicing and follow-up, the invoiced amounts may be transferred to a company responsible for collection. In this case, an effective annual rate of up to 15 percent may also be charged from the due date. The company responsible for collection will claim the outstanding amounts in its own name and for its own account and may charge additional administration fees.

The products remain the property of Jean-Paul Nigro Sarl until full payment by the Customer (reservation of title).

If the invoice amount exceeds CHF 400.-, delivery is only possible if payment is made in advance.

5.Delivery and postage:

The ordered items will be shipped by post by the company Jean-Paul Nigro Sarl within 3-4 working days after receipt of payment. Stored merchandise (Click & Collect) must be collected by the Customer from our store in Sion. If the ordered goods are not available in stock, the Customer will be immediately informed and the goods will be delivered as soon as possible after agreement with the Customer. All information regarding availability and delivery times is provided for informational purposes only. Delivery delays do not give the Customer the right to withdraw from the contract, nor the right to payment of damages. For confidentiality reasons, credit card payments can only be accepted on the first order.

If the Customer has debts owed to Jean-Paul Nigro Sarl, Jean-Paul Nigro Sarl reserves the right to deliver the ordered goods only when the Customer has paid all debts owed.

Goods not received must be reported within 10 days of delivery (see point 3.4).

If the Customer refuses to accept the ordered products, a flat-rate processing fee of CHF 30.- plus postage and packaging costs will be payable per shipment. These costs are calculated separately and immediately invoiced to the Customer.

This delivery is considered to have been made once the products have been given to the Customer (e.g. by post). Profits and risks are also transferred to the Client at the same time.

If the order includes several products, the Customer is required to accept partial deliveries. In the event that certain products are no longer available, the sales contract will be considered void only for the products which are no longer available.

All costs incurred for undeliverable/returned packages will be fully invoiced to the Customer.

Jean-Paul Nigro Sarl reserves the right to modify shipping costs at any time.

6.Right of return:

For reasons of hygiene and product safety, Jean-Paul Nigro Sarl grants a right of return on the sole condition that the products are returned unopened, undamaged, unworn and complete in their original packaging, at the Address: Jean-Paul Nigro Sarl, rue des vergers 4, 1950 Sion. The right of return applies up to 7 days after delivery (postmark taken as proof).

In the event of a return, all shipping costs are the responsibility of the Customer.

7.Warranty and Claim:

Jean-Paul Nigro Sarl guarantees that the products shipped have been stored appropriately and delivered in their original packaging within the shelf life. The Customer is required to examine the delivered products for completeness and to report any defects immediately upon receipt. Complaints must be made in writing and without delay to Jean-Paul Nigro Sarl – in the event of visible defects no later than 5 days after receipt, in the event of non-visible defects immediately after their discovery. Otherwise, the Customer acknowledges that delivery was made in accordance with the contract and that the goods delivered were in perfect condition. Small deviations customary in the trade based on material characteristics do not constitute defects.

Defective products can be returned after contacting Jean-Paul Nigro Sarl. Jean-Paul Nigro Sarl provides the Customer with replacement products in the event of defective goods or establishes a corresponding credit note after agreement, unless the Customer has not notified the defect in accordance with the preceding provisions. Any other guarantee, in particular with regard to the properties and effects of the products, is excluded to the extent permitted by law. This also applies to possible product liability.

Jean-Paul Nigro Sarl has no obligation to provide a replacement delivery if it can demonstrate that it is not responsible for the defect complained of, for example in the event of improper use of the product or for other purposes. than those planned or subsequent modification of the products by the Customer. Claims for compensation due to possible errors in images, price information and texts are excluded.

Product images may vary from products ordered/delivered.

8.Data Protection:

The Customer's personal data is collected and processed with the greatest care within the framework of the legal provisions in force and in accordance with the confidentiality declaration. When you place an order on our online store or subscribe to our Newsletter, we record and process your personal data, in particular for the implementation and management of your orders or for promotional activities. For this, Jean-Paul Nigro Sarl may call on third parties (e.g. carriers and payment providers), paying particular attention to ensuring that any personal data potentially transmitted during the selection of these auxiliaries and payment providers service are, if possible, anonymized and exclusively processed within the framework of the requirements of the contract and are not transmitted to third parties. Further information, including about the auxiliaries and commissioned service providers, can be found in the privacy statement. The Customer may revoke the use of his personal data as a whole or for individual measures (e.g. for advertising purposes) at any time.

Depending on the payment provider you select during the order process, we will transmit the payment data collected for this purpose to the credit institution responsible for payment and, where applicable, to the payment provider commissioned by us or to the service payment method selected. The selected payment providers partly collect this data themselves, as long as you have/create an account with them. In this case, during the ordering process, you must log in with your login information with the payment provider. In this case, the privacy policy of the respective payment provider takes precedence. In the event of an anticipated service, e.g. when paying on invoice, and in order to protect our justified interests, we carry out, where necessary, a solvency investigation on the basis of a mathematical and statistical approach with a commercial information company. For this purpose we transmit the personal data necessary for carrying out the creditworthiness investigation to a credit information company and use the information obtained relating to the statistical probability of default in order to make a documented decision regarding the creation , execution or termination of the contract. Upon request, we will provide you with the name of the credit information companies we use.

9.Disclaimer:

Jean-Paul Nigro Sarl is only liable for direct damage resulting from intentional acts or gross negligence by Jean-Paul Nigro Sarl. Any liability for direct damage caused by slight negligence, regardless of the law applied, is explicitly excluded, subject to mandatory legal provisions. Any liability of Jean-Paul Nigro Sarl for indirect or consequential damages, regardless of the law applied, is explicitly excluded. Any liability for any auxiliaries that may be used, for technical problems and disruptions to the online store, as well as for damage to the user's devices and software is also excluded.

Jean-Paul Nigro Sarl takes all necessary precautions to ensure that the content of the online store is complete and correct. Jean-Paul Nigro Sarl cannot, however, assume any guarantee as to the accuracy and reliability of the data. Also excluded, within the framework of point 8.1., are liability claims against Jean-Paul Nigro Sarl which concern both material and immaterial damage as a result of erroneous and incomplete information.

10.Divers:

The most recent version of the General Conditions of Sale and the Privacy Statement applies.

All legal relations between Jean-Paul Nigro Sarl and the Client are subject to Swiss law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumer disputes, the legal forum is Sion or the Customer's domicile. In all other cases, Sion is the exclusive legal forum.

All intellectual property rights contained and indicated on the website www.nigro.ch, for example product names and designs, are the property of Jean-Paul Nigro Sarl. Any use outside of personal use permitted by law is prohibited, unless Jean-Paul Nigro Sarl has expressly given his written consent to this effect. In the event of an infringement, Jean-Paul Nigro Sarl reserves the right to take appropriate legal action.

If one or more of these provisions were to prove or become obsolete, the validity of the other provisions would remain unchanged. The obsolete provision must then be replaced by a valid provision making it possible to best achieve the intended economic objective.