General Terms and Conditions of Sale Version effective as of May 20, 2024
Definitions In the GTC, the terms starting with a capital letter will have the following meaning. Purchaser: Any person acquiring merchandise via the Site. GTC: These general terms and conditions of sale. Seller: The company GMT Publishing Sàrl, registered in the commercial register of Geneva, Switzerland, under identification number CHE-104.320.562, located at rue des Vollandes 24, CH-1207 Geneva (Email: [contact@gmtmag.com]; Phone: [+41 22 718 33 33]; Fax: [+41 22 718 33 31]). Other terms starting with a capital letter will have the meaning attributed to them in the Terms of Use.
Scope 2.1 The GTC govern the contractual relationship – and form an integral part of the contract concluded – between the Seller, on the one hand, and the Purchaser, on the other hand. They are an integral part of the Terms of Use which apply otherwise. In case of discrepancies between the GTC and the Terms of Use, the former shall prevail. 2.2 By placing an order via the Site, the Purchaser declares to be of legal age and capable of purchasing and obligating himself/herself. He/she acknowledges having read, understood, and accepted, without any reservation, the GTC. Any order implies the express and prior acceptance of the GTC. In case of disagreement with the GTC, the Purchaser must refrain from placing an order via the Site. 2.3 The Seller reserves the right to modify the GTC at any time and without notice by publishing a new version of the GTC on the Site (which cancels and replaces the existing version). Any order placed after the publication by the Seller of a new version of the GTC constitutes acceptance of this new version.
Registration 3.1 The Purchaser must register to place an order via the Site. 3.2 The Purchaser is solely responsible for the accuracy and completeness of the data he/she provides when registering on the Site. 3.3 If applicable, the Purchaser must inform the Seller of any changes to the data he/she has provided by updating his/her profile as soon as possible. 3.4 When registering, the Purchaser must choose a password that allows him/her to use the Site. This password is strictly confidential. It must not be disclosed to third parties under any circumstances. 3.5 The Purchaser is solely responsible for the use, storage, and security level of his/her password. He/she is liable for any order placed, even without his/her knowledge, using his/her password. 3.6 If the Purchaser knows or suspects that a third party has access to his/her password, he/she must immediately inform the Seller.
Orders 4.1 The catalog of merchandise on the Site is merely an invitation to make an offer. By placing an order via the Site, the Purchaser binds himself/herself and declares to make a commitment to the Seller to pay for the selected merchandise. The sale is accepted – and the contract is concluded – only when the Seller sends an order confirmation to the Purchaser by email. 4.2 The validity of orders placed by the Purchaser may be subject to maximum or minimum quantities. 4.3 The data recorded by the Seller and summarized to the Purchaser in the order confirmation constitute irrefutable proof of the order. The data recorded by the payment system constitute irrefutable proof of financial transactions. 4.4 It is the Purchaser’s responsibility to inquire with the competent authorities about any usage limitations of the products he/she wishes to order.
Prices 5.1 The prices indicated on the Site are in Swiss Francs (CHF), including VAT if applicable. The application of VAT will be specified to the Purchaser before placing an order. [Our payment provider may offer to convert our prices into foreign currencies; in such cases, this service is provided exclusively by the payment provider (to the exclusion and discharge of the Seller) under its own terms and conditions.] Additional taxes and customs duties may be due based on applicable legislation. 5.2 Delivery charges are billed according to the indications mentioned on the Site on the day of the order. The costs of accessing and connecting to the Site to place an order are the exclusive responsibility of the Purchaser. 5.3 The payment methods accepted by the Seller are exclusively those indicated on the Site.
Delivery and Transfer of Risks 6.1 Any order confirmed by the Seller will be delivered to the address indicated in the order. It is specified, however, that the Seller only sells to the following countries: Switzerland and EEC countries. 6.2 The Seller makes its best efforts to ensure delivery within ten (10) working days following the receipt by the Purchaser of the order confirmation. However, this is an indicative period. 6.3 The risk of loss or damage to the merchandise is transferred to the Purchaser when he/she, or the third party designated by him/her (and who is not the carrier designated by the Seller), takes physical possession of the merchandise.
Right of Withdrawal
– 7.1 If the Purchaser is not satisfied with the merchandise ordered via the Site, he/she has a period of fourteen (14) days from the date he/she takes physical possession of the merchandise to exercise his/her right of withdrawal. The date the Purchaser exercises the right of withdrawal is decisive in determining whether the period has been respected. After this period, the Purchaser is considered to have waived his/her right of withdrawal.
– 7.2 The right of withdrawal must be exercised using the form provided by the Seller or by means of a statement clearly expressing the Purchaser’s decision to withdraw from the contract. The Purchaser must then follow the procedure indicated to him/her.
– 7.3 In case of withdrawal, all payments received for the ordered merchandise (including delivery costs, but only up to the amount corresponding to the least expensive delivery method) will be refunded to the Purchaser without undue delay and, in any event, no later than fourteen (14) days from the date the Seller was informed of the withdrawal. Unless expressly instructed otherwise by the Purchaser, the refund will be made using the same payment method as used for the order. Notwithstanding the foregoing, the Seller reserves the right to defer the refund until the first of the following two events: the recovery of the merchandise by the Seller or the provision of proof of its shipment by the Purchaser.
– 7.4 The Purchaser who exercises his/her right of withdrawal must return the merchandise to the Seller without undue delay and, in any event, no later than fourteen (14) days after he/she has communicated his/her decision to withdraw from the contract. The date of return of the merchandise by the Purchaser is decisive in determining whether this period has been respected. The costs of returning the merchandise are the responsibility of the Purchaser. If the returned merchandise has suffered depreciation resulting from handling other than that necessary to establish its nature, characteristics, and proper functioning, the Purchaser is liable.
– 7.5 The right of withdrawal is excluded in particular for the following contracts: – contracts for services after the service has been fully performed; – the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the Seller and likely to occur during the withdrawal period; – the supply of goods made to the Purchaser’s specifications or clearly personalized; – the supply of goods that are likely to deteriorate or expire rapidly; – the supply of sealed goods that cannot be returned for health protection or hygiene reasons and that have been unsealed by the Purchaser after delivery; – the supply of goods which, after delivery, and by their nature, are inseparably mixed with other items; – the supply of alcoholic beverages whose price was agreed upon at the time of the conclusion of the sales contract, the delivery of which can only be made after thirty (30) days and whose actual value depends on market fluctuations beyond the control of the Seller; – the supply of a newspaper, periodical, or magazine except for subscription contracts to such publications; – contracts concluded at a public auction; – the supply of digital content not provided on a tangible medium.Warranty The merchandise is warranted against defects for a period of two (2) years from the day of delivery. As a rule, unless it is impossible or disproportionate, defective merchandise is repaired or replaced by the Seller. If repair or replacement is not possible, the Purchaser is entitled to an adequate price reduction or, in the event of a major defect, the termination of the contract (the merchandise is then returned to the Seller, and the price is refunded to the Purchaser). Any complaint or question can be addressed to our after-sales service whose contact details are as follows: GMT – Rue des Vollandes 24, CH-1207 Geneva – CH – 1207 Geneva
Exclusion of Liability The photos and texts illustrating and describing the products on the Site are non-contractual and are provided for informational purposes only. The Seller assumes no responsibility for errors and/or omissions in connection with the photos and/or texts on the Site.
Jurisdiction and Applicable Law To the fullest extent permitted by applicable law, the GTC are subject to Swiss substantive law. Subject to mandatory forums designated by applicable law, the forum is in Geneva (subject to appeal to the Federal Court). All rights to the GTC belong to their authors. Any reproduction without prior license is strictly prohibited and will be prosecuted.