Terms & Conditions

 

This website (hereinafter “Website”) is operated by ESSCODE Sàrl (hereinafter “ESSCODE”, "we", "us"), c/o Calliopée sàrl, rue de Chantepoulet 10, 1201 Geneva, Switzerland.  

  1. TERMS AND CONDITIONS

The Website and related services are made available to you in accordance with these terms and conditions (hereinafter “T&C”) and any other rules posted on the Website. By using the Website in any way, including by placing an order, you indicate that you accept these T&C in every respect and without reservation and abide by them, as they may be updated and amended from time to time.  

 We may modify, revoke or cancel these T&C at any time without notice. For the avoidance of doubt, your continued use of the Website after any such modification constitutes your acceptance of the new version of the T&C. Unless otherwise provided by applicable law, any changes to the T&C made after you have placed an accepted order will not affect that order, that will remain governed by the T&C in force at the time the order was accepted.  

  1. WEBSITE

We reserve the right to modify or discontinue the Website, or any part or content thereof, without notice at any time.  

All content displayed on or through the Website including but not limited to descriptions, photos and videos, is subject to copyright law and other applicable law and is owned exclusively by us or our partners. Any reproduction, modification, duplication, sale, resale, display of, or creation of derivative works from, the Website, is strictly prohibited without our express written permission or the written permission of the copyright owner.  

The Website may contain links to other websites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the unavailability of, or the information, products or services offered on or through, any third party website.  

You understand that your use of the Website is at your sole risk. Although we take reasonable care to make our Website secure, we do not warrant that the Website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any parts of the Website are free of viruses or other harmful components.

  1. PRODUCT DESCRIPTIONS

We make every effort to display as accurately as possible the colors and images of the products that appear on the Website. We cannot guarantee that your computer monitor's display of any product will be accurate and/or represent the actual color.  

All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.  

  1. ACCEPTANCE OF AN ORDER

Products purchased on the Website are for personal or gift use only, and should not be re-sold, used for commercial purposes or any other commercial benefit.

We reserve the right not to accept an order. Orders may be refused, for example, if we are unable to obtain the relevant payment, if shipping restrictions apply to a particular item, or if the item ordered is out of stock. In the event that we make a change to or cancel an order, we will notify you using the contact details you provided at the time your order was made.

Once your order has been placed, you will receive an email acknowledging the details of your order. This email does not constitute acceptance of your order; instead, it is a confirmation that we have received it. All orders are subject to acceptance and availability. Acceptance of your order and completion of the contract between you and us will occur when we email you the confirmation that your order has been fulfilled and dispatched. Such email will also indicate the tracking number(s) of your order.

The sale contract between you and us is concluded in Geneva, Switzerland, and shall be exclusively governed by and construed in accordance with Swiss law. You may submit any dispute arising out of or in relation to the contract between you and us to the courts of Geneva, Switzerland, or to the courts of your country of residence if your country of residence is part of the European Union.

The language of the contract is English. In the event of any non-English version of these T&C, the English version shall prevail over such non-English language version in case of inconsistencies.

  1. CUSTOMER DATA

You agree to provide current, complete, accurate and truthful contact and billing information for all purchases made on the Website. The information you are required to submit include, in addition to your full name, phone number, delivery address, e-mail address and other personal details as indicated, billing information that you represent and warrant refer to yourself.

By completing a purchase on the Website, you represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country in which you reside. You also represent and warrant that you have the right, and are authorized, to provide the billing information and all other necessary information for completing the transaction.

To know more about how we treat, use, store and protect your personal data, you can read our Privacy Policy here.

  1. PURCHASE PRICE

Prices shown on the Website are in Swiss Francs (CHF) or Euros (€), as clearly indicated every time, and are inclusive of value added tax (VAT) at the applicable statutory rate unless otherwise indicated. Prices displayed on the Website may be modified from time to time as a consequence of special sales or other commercial factors. The price applicable to your order will be the price current at the time your accepted order was placed.

The price shown for each product on the Website does not include shipping costs. Shipping costs for deliveries within the European Union and Switzerland are indicated in the dedicated section on the Website. Such costs are distinctly shown in the final purchase price, as displayed at the check-out. Please note that, if you order has to be delivered in more than one parcel, you will only be charged shipping fees once per order. No shipping costs will be applied to orders whose total value exceeds 250 CHF.

Products may be subject to custom duties or taxes. No import duties or taxes are included in the price of any product, nor are they accounted for at any step of the purchase process. Import duties or tax costs will be invoiced to you directly by the local customs authority or via the logistics service provider responsible for your delivery. We recommend that you contact your local customs authority to determine a landed cost price prior to your purchase completion.

You acknowledge that invoices and credits will be exclusively sent in an electronic format to the email address you provided when placing your order, and you consent to it.

  1. PAYMENT

We accept the following payment methods: Visa, MasterCard, American Express and Apple Pay, as well as any other method of payment clearly advertised on the Website from time to time. You can also choose to pay with PayPal. When selecting this option at check-out, you will be directed to the PayPal site to 'Log in' and asked to review the amount of the transaction before clicking 'Pay Now'. You will return to the Website once the transaction has been completed. You shall bear any costs associated with money transactions.

We take reasonable care, insofar as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of gross negligence or willful misconduct on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.

  1. RETURNS

Subject to all applicable laws, rules and regulations, the products we make available through the Website can be returned or exchanged according to the following rules.  

You will be able to return an order, or part thereof, by informing us of your intention to return any product at the latest fourteen (14) days after you have received your order, without having to provide any reasons. Once this period has expired, we will not be able to accept the return and to offer you a refund anymore, unless the product is damaged or defective according to these T&C and applicable law.

To inform us of your intention to return your purchase, please fill in the return request through the online portal. You can find the link on our ‘Return/Exchange’ section of the Website. Once we have received your return form completed, we will process your demand on the basis of the information you provided. If your return is prima facie acceptable, we will send you a pre-paid return shipping label and the relevant return instructions. Please make sure you use the pre-paid return shipping label we will be emailing you for each return. For your purchase to qualify prima facie for a return, you only need to make sure that your return form is duly completed and sent to us before the 14-day return deadline has expired.

We or our partners inspect each returned item to ensure that it has not been used or washed, is in the same condition as you received it and complete with the original packaging and tags. If all the above-mentioned conditions are met, we will be happy to refund you the value of the returned item(s) (not including custom fees and shipping costs, if you paid any) will be automatically credited to the method of payment used. Each reimbursement will be made without undue delay, and in any case within 30 days.

  1. DAMAGED OR DEFECTIVE PRODUCTS

We take all reasonable care to make sure that our products arrive to you in the best conditions. Unfortunately, problems may occur during transportation, or an item may present production defects that went unnoticed before shipping. For the avoidance of doubt, an item shall be considered defective if not as described on the Website, not fit for usual purpose, or not of satisfactory quality and performance. 

If your order arrived damaged or is defective, please send an email to our Customer Care (contact@esscodestudio.com) with the following information:

  • Order and item reference, if available
  • Description + full color pictures of any damages/defects (please make sure that pictures are as detailed and clear as possible to show any damaged part or defect of the item)
  • Your contact details
  • Whether you wish to be refunded of the value of the item and the relevant shipping costs or, if possible, to have the item replaced or repaired.

After processing your demand in the best delays, we will send you a pre-paid return shipping label and the relevant return instructions for the damaged or defective item. In case of refund, the refunded amount will be credited to your credit card or other method of payment used for the transaction without undue delay. In the event of a replacement/reparation, we will email you the tracking number of your replaced/repaired item as soon as available.

  1. EXCHANGES

Please note that exchanges of size or color will be subject to product availability. If you wish to return an item and exchange it for an identical product in a different size/color, you shall complete the return request through the online portal. You can find the link on our ‘Return/Exchange’ section of the Website, and specify the new size/color. The same conditions provided for product returns apply, including the 14-day deadline. If all the conditions are met for exchanging the product, and the product is available in the newly requested size/color, we will email you the tracking number of your new order as soon as available.

  1. DELIVERIES

ESSCODE or the relevant ESSCODE partner, as the case may be, insures each order during the transport and until it is delivered to the delivery address you provided when you placed your order. 

Upon receipt from us of the tracking number of your parcel, you will be able to track your order through the tracking systems of the logistics service provider in charge of your order. In case you order products from different brands simultaneously, you will receive separate tracking codes from each brand and the products will arrive in different parcels. The shipping span may vary. Please note that ESSCODE is not responsible for any delays caused by destination customs clearance processes. 

  1. TRADEMARKS

We may display trademarks on the Website, which are registered by us or our partners in Switzerland, the European Union or elsewhere. All trademarks are the sole property of their respective owners. You shall not use the mentioned trademarks in any way or for any reason.

  1. USER POSTING 

You acknowledge that you are responsible for any information, text, photo, video, sound, or other content or material that you submit to us or upload, post or otherwise provide on third party companies’ websites (including social media websites such as Facebook, Pinterest, Instagram, etc.) and that refer to us or are otherwise related to us (hereinafter “User Posting”). When making a User Posting, you hereby grant to us a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any User Posting, on our Website or in our marketing materials, whether online or offline. In our sole discretion, we may or may not display, feature or use any User Posting or part thereof.

By making a User Posting, you represent and warrant that (i) you own or otherwise control any rights to the User Posting and any and all elements thereof; (ii) the User Posting does not infringe or violate the rights of any third parties, including, but not limited to, intellectual property, privacy, publicity, confidentiality or other proprietary rights; and (iii) the User Posting complies with all applicable laws, rules and regulations. 

You acknowledge and agree that we shall have no liability for any damages resulting from the use (including, without limitation, re-publication) or misuse by any third party of the User Posting. 

  1. LIABILITY

If we fail to comply with these T&C, in no event will ESSCODE, its directors, employees or agents be liable for losses or damages (howsoever arising out of or in connection with these T&C and/or the Website, the products, services or content displayed thereon) that exceed the 100% of the purchase price of the purchased item(s), including if such losses or damages arise from act, neglect or fault.

To the fullest extent permitted by applicable law, ESSCODE or any of its directors, employees or agents shall not be liable for any indirect, incidental, punitive, special or consequential damages or any loss of data or other intangible losses that result from any aspect of ESSCODE’s activities, including without limitation damages, costs, losses or liabilities whatsoever and howsoever arising from your use of or inability to use the Website or your reliance on any information or materials presented on the Website.

  1. ENTIRE AGREEMENT

These T&C constitute a binding agreement and constitute the entire agreement between you and us with respect to the subject matter contained herein. These T&C supersede all previous and contemporaneous agreements, representations, promises, commitments or the like, of any nature, written or oral, express or implied, on the same subject matter.

We may provide you notices from time to time, and you consent to our doing so by either email, regular mail or posting on the Website, regardless of the manner you typically communicate with us.  

  1. SEVERABILITY

No finding by a court or other competent authority that any part of these T&C is unlawful, void or for any reason unenforceable will affect the remaining portions of these T&C, that shall continue to be valid as to their other provisions and the remainder of the affected provision.

  1. NO WAIVER

The waiver by you or us of a breach of any provision of these T&C will not be construed as a waiver of any subsequent breach of the same or any other provision of these T&C, nor will any delay or omission to exercise or enforce any right or remedy under these T&C operate as a waiver of any right or remedy.

  1. CONTACT DETAILS

If you have any questions, you need any help or you want to get in touch with us for any reason, you can contact us at the following address:  contact@esscodestudio.com.