I.    GENERAL

Article 1    Scope of application of the General Terms and Conditions

1.    The present General Terms and Conditions are applicable to the contractual relations between on one hand, La Promesa SNC (hereafter referred to as the "Seller" or “La Promesa” or “we”)  operating the website www.lapromesaconceptstore.com (hereafter the "Site"), and on the other hand, any natural or legal person who purchases one or more items offered on the site (hereafter the "Buyer" or “you”).
2.    These General Terms and Conditions are also applicable to any user of the Site (hereafter the "Internet user").

Article 2    Purpose of the general conditions

1.    The purpose of these General Terms and Conditions is to govern the rights and obligations of La Promesa SNC or the Buyer (hereafter "the Parties") within the framework of the contractual relations set out in art. 1 ch. 1.
2.    The present General Terms and Conditions also aim to define the terms of use of the Site by Internet users.
3.    Finally, they are intended to guarantee the confidentiality of the data of all the above-mentioned persons.

Article 3    Acceptance, entry into force and modification of the General Conditions

1.    The present General Terms and Conditions come into force as soon as they are accepted by the Internet users.
2.    The Internet user accepts these General Terms and Conditions, as well as any subsequent modifications, each time he/she connects to and navigates the Site.
3.    These General Terms and Conditions may be modified at any time and their latest version is always binding for Internet users.

Article 4    Access to the General Conditions

1.    The present General Terms and Conditions are accessible at all times in their latest version on the Site (www.lapromesaconceptstore.com).
2.    The Privacy Policy is an integral part of these General Terms and Conditions.
3.    These General Terms and Conditions can be provided in electronic format to any person who requests them.

II.     SALE OF THE ARTICLE

Article 5    Conclusion of the sale

1.    The presentation of the articles on the Site constitutes an offer to contract.
2.    The Contract is concluded at the moment of the confirmation of the order by La Promesa SNC. This confirmation is sent to the Buyer after validation of the order by clicking on the "pay" button.
3.    La Promesa SNC does not assume any responsibility for the fact that an ordered article cannot be delivered due to lack of available stocks, additional supplies or production.
4.    La Promesa SNC remains free to delete or modify the offer of the products proposed, at its sole discretion and at any time.

Article 6    Subject of the sale  

1.    The purpose of the sale is to sell one or more items as shown in the description and photographs presented on the Site (hereinafter: one or more "Items").
2.    The images of the Articles appearing on the Site as well as the descriptive texts are for illustration purposes only and are not binding.
3.    The Buyer may not infer from the sale announcement on the Site any qualities of the Article that are not expressly mentioned therein.

Article 7    Selling price of the Article

1.    The selling price of the Article is the one displayed in the sale ad on the Site.
2.    The sale price includes the taxes and fees set out in Art. 8, para. 1 of these General Terms and Conditions.
3.    The costs set out in Art. 8 ch. 2 and 3 of these General Terms and Conditions may be added to the sale price.

Article 8    Taxes, packaging and shipping costs

1.    The selling price of the Article includes packaging costs.
2.    Shipping costs may apply to the order and are to be paid by the Buyer. The shipping costs also include the amount of insurance for the Item in case of damage during delivery.
3.    If the Buyer orders goods for delivery outside Switzerland, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. The Buyer is responsible for payment of such import duties and taxes. The Seller has no control over these charges and cannot predict the amount.
4.    The Buyer must also comply with all applicable laws and regulations of the country for which the goods or services are intended. Items may not be deliverable abroad due to local legislation and the Buyer shall be liable for any failure to deliver the goods abroad due to local legislation. The Seller shall not be liable for any breach of any law by the Buyer, nor for any act or omission by the Buyer which renders the goods undeliverable.
5.    Accordingly, the Seller excludes all liability for any problems relating to shipping delays, customs duties, storage costs and any other additional costs that may arise.

Article 9    Methods of payment  

1.    The Buyer shall pay the purchase price of the Article by credit card (Visa, MasterCard, Postcard, American Express) or via TWINT for payments within Switzerland (à décider selon votre feedback pour l’intégrer).
2.    The Buyer's credit card will be charged at the time of the order. If an item is out of stock, La Promesa SNC will refund the Buyer's credit card. All products on the Site are produced in limited quantities, therefore are subject to availability. Please send us an e-mail at yallah@lapromesaconceptstore.com if a product is no longer available and we’ll notify you when it’s back in stock.
3.    Once the payment has been made, the Buyer receives a confirmation of his payment and a summary of his purchase by e-mail.

Article 10    Security of payments

1.    The security of payments is ensured by a secure data encryption process that ensures that no third party can access the Buyer's credit card information.
2.    The Site does not have access to or store any of the Buyer's credit card details.
3.    The collection and securing of information is carried out by the Stripe  platform.
4.    The Buyer gives his consent to the processing of his credit card data by the Stripe  platform.

III.    DELIVERY AND RIGHT TO CHANGE THE ORDER

Please check Shipping & Returns (hyperlink) for more information.

Article 11    Delivery of the Article and method of shipment  

1.    The delivery of the goods to the Buyer is carried out by the Seller.
2.    The item is shipped by a professional shipping company.

Article 12    Delivery time

1.    The delivery of the ordered goods takes place after the payment of the sales price, taxes and costs by the Buyer.  
2.    The Seller acknowledges that longer delivery times may apply depending on the Items ordered and their destination.

Article 13    Transfer of risks

1.    The transfer of risk - which includes the risk of loss as well as deterioration of the goods - passes to the Buyer at the time of receipt of the goods.
2.    If the Buyer does not take possession of the goods, the transfer of risk passes to the Buyer when the goods are returned to La Promesa SNC.
3.    If the Buyer returns the goods to La Promesa SNC, the Buyer bears the risk until the goods are received by La Promesa SNC.

Article 14    Right of withdrawal

1.    The Buyer has a right of withdrawal for a period of 14 days from the conclusion of the contract of sale of the Article.
2.    The customer has the possibility to return the item sold to La Promesa SNC if the item does not satisfy him/her.
3.    The exercise of the right of withdrawal does not imply the existence of a defect in the Article.
4.    The right of withdrawal expires after 14 days and no further returns are possible.

Article 15    Special conditions for the right of withdrawal  

1.    The Buyer can only return an item if the item has not been used and is still in its original packaging.
2.    The costs of returning the Article shall be borne by the Buyer.

Article 16     Consequences of exercising the right of withdrawal  

1.    If the Buyer makes valid use of his right of withdrawal, the price he paid for the Article will be refunded within 30 days after the Article has actually been received back by La Promesa SNC.
2.    The refund is made by crediting the bank card used for payment.

Article 17    Fortuitous event and damage suffered before the return of the Article as part of the right of withdrawal

1.    The Buyer bears the risk of an act of God between the moment of receiving the Article and the moment of delivery to La Promesa SNC.
2.    The Buyer is responsible for any damage to the Article before it is handed over for return.
3.    The Buyer shall be liable irrespective of any fault.
4.    In the event of a fortuitous event or damage to the Article prior to reshipment, no amount will be refunded to the Buyer.

Article 18    Exclusion of  liability

1.    La Promesa SNC excludes all liability for negligence and/or slight negligence.
2.    A delay in delivery is considered to be a minor fault.

Article 19    Verification of the Article

1.    The Buyer must inspect the Items within 2 (two) days of receipt and must immediately notify La Promesa SNC of any defects or damage to the Items. In the absence of notice from the Buyer within the aforementioned period, the products shall be deemed to have been received in good condition, without defects or damage, and accepted as is, with the exception of non-apparent defects.
2.    In the event of the discovery of a defect that is not apparent, the Buyer must notify Promesa of this defect immediately upon discovery. The Buyer will lose his rights in case of late notification.
3.    Bearing in mind that La Promesa SNC offers Articles that are, among other things, handcrafted or second-hand, any defect due to wear and tear or that is the consequence of the handcrafted nature of the Article shall not be considered a defect within the meaning of art. 19, paragraphs 1 and 2 of these General Terms and Conditions.

IV.    CONDITIONS OF USE OF THE SITE

Article 20    Right to use the Site

1.    There is no right to use the Site or claim to the services offered on the Site.
2.    In particular, La Promesa SNC may at any time exclude an Internet user or prohibit him/her from using the Site, at its sole discretion.

Article 21    Services offered on the Site

1.    The services offered on the Site remain at the sole discretion of La Promesa SNC.
2.    In particular, La Promesa SNC may add, delete or modify the services offered on the Site at any time.

Article 22    Interruption of access to the Site

1.    La Promesa SNC is only subject to an obligation of means towards the Seller and the Internet users as to the assurance of the continuous functioning of the Site.
2.    It therefore does not guarantee that the Site will be accessible without interruption.
3.    It therefore reserves the right to suspend access to the site, temporarily or permanently, without prior notice, in particular for maintenance reasons and in case of emergency.

Article 23    Responsibility for the use of the Site

1.    La Promesa SNC excludes all responsibility for the use of the Site, and therefore cannot be held liable for any damage resulting from or related to the use of the Site.
2.    La Promesa SNC is therefore not responsible for the fraudulent use by a third party, in particular for the possible consequences of an involuntary order in the name of the Internet user.
3.    Where hyperlinks from the Site lead to other sites, La Promesa SNC is not responsible for the content or actions of these sites.

Article 24    Suspension of contractual obligations

1.    In the event of force majeure, breakdown, blockage, difficulties relating to the Website’s computer equipment or the Internet network, or any interruption as per art. 22 of these General Terms and Conditions, the contractual obligations between La Promesa SNC and the Seller are suspended, as are the contractual obligations between the Seller and the Buyer.
2.    The suspension of contractual obligations does not entitle the Seller, the Buyer or the Internet user to any compensation.

V.    MISCELLANEOUS PROVISIONS

Article 25    Privacy Policy

The Privacy Policy, which can be accessed at any time on the Site, is an integral part of these General Terms and Conditions.

Article 26    Tolerance of breaches of these General Conditions

The fact that one of the Parties to these General Terms and Conditions tolerates any actions contrary to these General Terms and Conditions shall not constitute a waiver of its right to invoke them.

Article 27    Favor negotii

In the event that one or more of the stipulations of these General Terms and Conditions is (are) set aside by a legislative or regulatory provision or by a court decision, all other provisions shall remain applicable.

Article 28    Jurisdiction and Governing law

Any dispute relating to these Terms and Conditions shall be settled by the courts of the Canton of Geneva (CH) and these General Terms and Conditions shall be governed by Swiss law.

PRIVACY POLICY

I.     SCOPE AND PURPOSE

The purpose of this Privacy Policy is to inform all users of the www.lapromesaconceptstore.com website about the nature of the data collected by the Site and the purpose for which it is collected.
In view of the purpose and operation of the Site, the Site may collect and process the personal data of its users, ensuring compliance with data protection provisions.
This Privacy Policy supplements the general terms and conditions of use of the Site and constitutes the essence of the Site's Privacy Policy.

II.     DATA SOURCES

The Site only collects personal data when the user communicates them to it. This is notably the case in the following examples:
-    User request: When a user contacts the Site personally by e-mail, telephone or through the contact form available on the Site.
-    Ordering: When a user buys an item on the Site, he or she must provide a certain amount of information.
The data sources mentioned are specified below.

a.    USE OF COOKIES

The Site uses cookies. Depending on the case, cookies are stored temporarily or permanently. They do not collect any personal data. Cookies allow the collection of statistics on the use of the Site, which will be used for internal analysis and constant improvement. The user can deactivate cookies at any time by means of his browser.

b.    CONTACT BY E-MAIL, TELEPHONE AND VIA THE CONTACT FORM

At any time, the user may contact the Site by e-mail, at the following address yallah@lapromesaconceptstore.com or via the Site's contact form. This form is used to collect suggestions and questions from users and is accessible at the following URL www.lapromesaconceptstore.com.
In order to send the contact form, the user must provide the following information:
-    First name
-    Name
-    E-mail
-    Telephone

c.    PURCHASE VIA THE SITE

The Site allows users to purchase items. For the delivery address, the following elements must be filled in:
-    First name
-    Name
-    Email
-    Address
-    NPA
-    City
-    Country
-    Telephone
The delivery address may differ from the billing address. In this case, the following data of a second person (recipient of the shipment) must be provided:
-    First name
-    Name
-    Email
-    Address
-    NPA
-    City
-    Country
All data mentioned is essential for the timely processing of the order. The use of wrong data is considered as a fraud according to Swiss penal laws and will therefore be prosecuted.

d.    PAYMENT

The user pays for the items by credit card. This method of payment is secure.

e.    OTHER SOURCES

Through certain activities on the Site, data relating to the history of exchanges between the Site and the user are also collected.

III.     PURPOSE OF THE USE OF THE DATA

The data collected is used only for the purpose for which it is provided. The length of time personal data is kept varies according to the purpose of the collection. By default, when this purpose is fulfilled, and no legal or regulatory obligations need to be met, the data is deleted from the system or made anonymous.
The Site uses data as follows.

a.    CUSTOMER SERVICE IN GENERAL

In order to provide a targeted response to the requests or complaints of the users of the Site, the requests are transmitted internally to the competent departments, by mail or e-mail, and are processed there. After processing, the data collected is used to ensure a specific response to the user concerned.

b.    PROCESSING OF ORDERS RECEIVED

The Site collects the data mentioned in section 2.3 in order to process the orders received. The delivery address is necessary for the shipping process. The billing address is used to create a customer invoice or to make payment by credit card.
In principle, the further processing of these data is done on an aggregated basis and is used for internal analyses (ranking, best sellers). The accounting processing of the data is done legally and is used for ordinary accounting purposes.

c.    SECURITY AND FRAUD

Personal data, such as contact information, proof of address or identification, may be used for fraud detection and protection purposes in the interest of users and the Site.
Some information is also used to ensure the security of the Site, particularly technical security.

d.    PAYMENT

The information relating to the means of payment is not kept and is transmitted directly to the chosen payment service provider. This information is necessary for the payment of the order or for refunds. When using one of the proposed payment service providers, their data protection provisions apply.

IV.    USER RIGHTS

a.    INFORMATION AND CORRECTION

At any time, a user has the right to know whether data concerning him/her is being processed and in what form. A user may also request that this data be corrected or completed.

b.    DELETION OF DATA

A user has the right to object to the above-mentioned data collection or to request the deletion of data already collected by the site.
Due to legal or contractual provisions, the Site must comply with certain retention obligations. If this is the case, consultation of the data is restricted or prohibited. If the data is deleted, certain services of the Site can no longer be used.

c.    REVOCATION OF APPROVAL

The user may revoke his or her consent to data processing. As in the case of deletion of data, the user should be aware that he/she will no longer be able to use certain services of the Site.

d.    RIGHT OF COMPLAINT

If necessary, a user has the right to lodge a complaint about the data processing. The complaint must be lodged with the competent supervisory authority. In Switzerland, the Federal Data Protection and Information Commissioner (FDPIC) is the competent data protection authority (www.edoeb.admin.ch/edoeb/fr/home.html).

V.     EXCLUSION OF LIABILITY

La Promesa SNC accepts no responsibility for the accuracy, precision, up-to-date, reliability and completeness of the information provided. Any liability claims against the Site for material or immaterial damage resulting from the use or non-use of the published information, misuse of the connection or technical problems are also excluded.
Your visit to the Site, use of the information contained therein and the offers contained therein is at your own risk and responsibility.
Liability is also excluded for loss of profit, Internet malfunctions of any kind (business interruptions, malfunctions, viruses, harmful components, acts of terrorism, etc.), misuse by third parties (accessing data, copying, etc.) or loss of programs or other data in your information systems. These exclusions apply even if the Site draws attention to the risk of such damage.

VI.     COPYRIGHT

The copy, use and modification of all contents of the website, even in part, requires the written consent of La Promesa SNC.

VII.    LIABILITY AND CONTACT INFORMATION

Unless specifically stated otherwise, La Promesa SNC is responsible for the described data processing. If you have any questions, requests for deletion of your data or remarks, please contact the customer service at yallah@lapromesaconceptstore.com.

VIII.     MODIFICATIONS

La Promesa SNC reserves the right to modify this Privacy Policy at any time. In case of modification of its content, the new version of the Privacy Policy is published on the Site. It is the responsibility of the user to consult the latest version in force. La Promesa SNC therefore recommends that you consult the Privacy Policy regularly.

Geneva, July 8th 2021