General

Last updated: novembre 13, 2024

Please read these Terms of Use (« Terms », « Terms of Use ») carefully before using the http://www.swiss-thermo.ch/site website (the « Service ») operated by BM BLACK MAGIC SA (« us », « we », or « our »).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of BM BLACK MAGIC SA and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by BM BLACK MAGIC SA.

BM BLACK MAGIC SA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that BM BLACK MAGIC SA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an « AS IS » and « AS AVAILABLE » basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Switzerland without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Terms and Conditions of Sale for swiss-thermo.ch

1. Introduction

Welcome to swiss-thermo.ch, an e-commerce website owned and operated by BM Black Magic SA, located in Epalinges, Switzerland. By accessing and using this website, you agree to be bound by the following terms and conditions. Please read them carefully.

2. Products and Services

BM Black Magic SA offers pellet stoves under the Swiss-Thermo brand. All product descriptions, pricing, and availability information is subject to change without notice. While we strive to provide accurate information, errors may occur, and we reserve the right to correct them without liability.

3. Orders and Acceptance

By placing an order on swiss-thermo.ch, you make an offer to purchase the selected products according to these terms. All orders are subject to acceptance by BM Black Magic SA, and we reserve the right to refuse any order for any reason, including product availability, errors in the description or price of the product, or any other issue.

4. Pricing and Payment

All prices listed on swiss-thermo.ch are in Swiss Francs (CHF) and include VAT, unless stated otherwise. Payment can be made via the payment methods offered on the site, which may include credit cards, PayPal, bank transfers, and others. Payment is required at the time of purchase.

5. Shipping and Delivery

We offer shipping services within Switzerland and other designated regions. Shipping costs and estimated delivery times will be provided during the checkout process. BM Black Magic SA is not responsible for delays caused by events outside our control, including customs clearance or other third-party delays.

6. Returns and Refunds

If you are not satisfied with your purchase, you may return the product within 14 days of receipt for a refund or exchange, provided the product is unused, in its original packaging, and in resaleable condition. Return shipping costs are the responsibility of the customer unless the product is defective or incorrect. Refunds will be processed within 14 days of receiving the returned product.

7. Guarantee

All Swiss-Thermo pellet stoves are covered by a 2-year guarantee from the date of purchase. This guarantee covers manufacturing defects but does not cover damage caused by improper use, installation, or maintenance. For guarantee claims, please contact our customer service at info@swiss-thermo.ch.

8. Limitation of Liability

To the fullest extent permitted by law, BM Black Magic SA shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of or inability to use the products or services offered on swiss-thermo.ch.

9. Privacy Policy

We respect your privacy and are committed to protecting your personal information. Our Privacy Policy, available on swiss-thermo.ch, outlines how we collect, use, and protect your data.

10. Governing Law and Jurisdiction

These terms and conditions are governed by and construed in accordance with the laws of Switzerland. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the Tribunal d’arrondissement de Lausanne (Lausanne District Court), located in Lausanne, Switzerland.

11. Changes to Terms and Conditions

BM Black Magic SA reserves the right to modify these terms and conditions at any time. Any changes will be effective immediately upon posting on swiss-thermo.ch. It is your responsibility to review these terms periodically.

12. Contact Information

For any questions or concerns regarding these terms and conditions, please contact us at:

BM Black Magic SA
Epalinges, Switzerland
Email: info@swiss-thermo.ch
Phone: +41 79 424 81 04

13. Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

14. Entire Agreement

These terms and conditions, together with any other legal notices or agreements published by BM Black Magic SA on swiss-thermo.ch, constitute the entire agreement between you and BM Black Magic SA concerning your use of the website and the purchase of products or services through it.

By using swiss-thermo.ch, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.