General Terms and Conditions applicable to the online store hymne.co
(valid as of October 31, 2022)
Preamble
By registering and placing an order with hymne.co, the customer declares acceptance of these General Terms and Conditions of Hymne Switzerland Sàrl (hereinafter “hymne”). For the sake of readability, the generic masculine is used throughout these General Terms and Conditions. However, it is understood that the masculine form includes the feminine form.
A. General Provisions
1. General
These General Terms and Conditions govern the relationship between Hymne and registered users of Hymne (hereinafter the “customers”)
a) regarding the use of the website www.hymne.co (hereinafter the “Website”); and
b) regarding the sale of goods (hereinafter the “Goods”) by Hymne on the Website
(hereinafter collectively referred to as the “Hymne Services”).
Business relations with Hymne are exclusively governed by these General Terms and Conditions, as well as by other provisions expressly mentioned therein.
The current version of the General Terms and Conditions can be requested at any time at support@hymne.co.
Hymne is authorized to modify these General Terms and Conditions in accordance with paragraph 8.
Hymne requires customers to read these General Terms and Conditions before using the Hymne Services. If you do not understand certain parts of these General Terms and Conditions, please contact Hymne for clarification.
Please note that any use of the Hymne Services, including ordering Goods, constitutes acceptance of these General Terms and Conditions. If you do not accept them, you are not allowed to use the BestSecret Services.
2. Data Protection
The protection of your privacy is a major concern of Hymne. In the course of using Hymne, it is necessary to register and process personal data. Information about the data collected about you by Hymne and how it is processed can be found in the Data Protection Declaration.
3. Changes to the General Terms and Conditions
Hymne has the right to modify these General Terms and Conditions. However, Hymne will only make changes for valid reasons, such as adapting to legislative changes, complying with legal requirements, or for other similar reasons.
For each purchase, the General Terms and Conditions in force at the time of purchase apply.
With each revision of these General Terms and Conditions, Hymne will indicate the modification date at the beginning of the General Terms and Conditions.
Hymne will inform customers in advance of any significant changes to the General Terms and Conditions (i.e., changes that are not merely editorial) with sufficient notice, through the Website or by email. Your consent is deemed given if you do not object to the announced changes within the specified period, before the new General Terms and Conditions come into effect. If you disagree with the changes, you can terminate your membership immediately and without charge before the new General Terms and Conditions come into effect. You will be informed of this right in any notifications regarding planned changes. In the absence of your objection, the new General Terms and Conditions automatically become the applicable basis for membership and all future purchases. Alternatively, Hymne may also ask the member to expressly consent to changes in the General Terms and Conditions.
4. Severability Clause
If one or more provisions of these General Terms and Conditions are or become invalid, the validity of the remaining provisions shall not be affected. In such a case, legal regulations apply in place of the invalid provisions.
5. Rights
If Hymne does not immediately react to claims you make in case of disagreement with these General Terms and Conditions, this does not mean in any way that Hymne waives any rights. On the contrary, Hymne reserves the right to assert its claims in the future.
These provisions apply only to the relationship between Hymne and its customers. Third parties cannot derive any claims from them.
You already consent to Hymne being able, in compliance with legal provisions, to transfer your rights and obligations under these General Terms and Conditions to third-party companies without restriction.
The customer may not transfer his rights and obligations under these General Terms and Conditions to third parties without the written consent of Hymne.
Hymne reserves the right to use appropriate service providers (e.g., shipping service providers) to fulfill the obligations arising from the contract concluded with the customer, in particular, its data protection obligations.
6. Applicable Law
Swiss law applies in the event of a dispute, excluding the United Nations Convention on Contracts for the International Sale of Goods. In the context of relationships with end consumers within the European Union, the law in force at the place of residence or habitual residence of the end consumer also applies, provided that it concerns mandatory consumer law provisions.
7. Contact, feedback et réclamations
If you wish to contact Hymne regarding these General Terms and Conditions or related documents, please send postal mail to: Hymne Switzerland Sàrl, Rue du Bois-Melly 2, 1205 Geneva, or email to: support@bestsecret.ch
Always interested in improving its services and offerings, Hymne is delighted to receive your feedback. By sending your feedback, you consent to having your suggestions used freely and without restriction by Hymne.
If Hymne needs to contact you, it will do so by writing to your email address or the postal address you provided.
B. Special Provisions Applicable to the BestSecret Online Store
The following provisions govern the relationship between Hymne and the Customer in the use of the Hymne online store.
1. Contractual Partner
The online store Hymne, available on the website, including the Hymne marketplace, is operated by Hymne Switzerland Sàrl, Rue du Bois-Melly 2, 1205 Geneva. Hymne Switzerland Sàrl is registered in Switzerland in the commercial register of the Canton of Geneva under number CHE-138.695.907.
2. Contract Conclusion
The presentation of Goods in the online store does not constitute a binding offer to sell by Hymne. It is merely an invitation to customers to place orders with Hymne.
By sending an order by clicking the “BUY NOW” button, the Customer submits an offer binding them to the conclusion of a sales contract.
Usually, immediately after sending an order, the Member receives an email confirmation of the order from Hymne. For all payment methods, except “purchase on invoice,” the sales contract is concluded upon receipt of said order confirmation by the Member.
Hymne is not obliged to accept the Member’s purchase offers and may reject them at any time without giving reasons. In such a case, Hymne immediately informs the Customer of the non-acceptance of their offer by email. Payments already made by the Customer are then fully refunded.
Goods are only sold at retail (usual quantities for a household).
The minimum order amount is CHF 30.00 (gross) per purchase (excluding delivery costs).
3. Prices and Delivery Charges
Any price indicated by Hymne corresponds to the retail price that must be actually paid in Swiss francs (including legal VAT and any other imposed supplements).
Generally, the Member also bears flat-rate delivery charges of CHF 6.90 per order.
The final price (including delivery charges) is indicated during each order.
4. Payment
The payment of the selling price can be made by credit card, PayPal, or Apple Pay. Hymne reserves the right to exclude certain payment methods and refer to other payment methods.
Hymne accepts, among others, credit cards from VISA, MasterCard, and American Express. The settlement is made through an external payment service provider. After entering credit card details, an additional confirmation screen from the bank, summarizing all payment details, is displayed. The Member must follow the authentication process of their credit institution and can then confirm credit card payment by entering a security code. Further information on the authentication process can be obtained from your credit institution. The Member is responsible for any additional charges resulting from any errors they made when using the chosen payment method, such as in the case of a direct debit rejection. In the case of payment by credit card or PayPal, the selling price is debited by BestSecret after receiving the order.
If the Member chooses the PayPal payment method, they are automatically redirected to the PayPal page at the end of the ordering process. The Member can then register and follow PayPal’s payment instructions. The selling price is directly debited from the PayPal account.
5. Delivery
Goods can only be delivered in Switzerland, France, or Liechtenstein.
Generally, Hymne uses an appropriate shipping service provider (e.g., the Post) to deliver the Goods.
For delivery, the Customer must provide a delivery address where the Goods can be delivered during normal working hours. The delivery process is complete once the Goods are delivered to the specified address.
If Hymne is unable to meet a binding delivery deadline for reasons not attributable to it (e.g., force majeure), it immediately informs the Customer, specifying a new delivery deadline. Force majeure includes, among other things, strikes, lockouts, or other industrial events, civil unrest, invasions, terrorist attacks or threats, wars or war preparations, fires, explosions, storms, floods, earthquakes, landslides, epidemics, or other natural disasters, failures of private or public telecommunications networks, interruptions in rail, maritime, or air transport, unavailability of transport companies, or other impediments that Hymne could not have foreseen and that are beyond its reasonable control. If the new delivery deadline is not acceptable to the Member, they are entitled to withdraw from the contract. In such a case, any consideration provided is immediately refunded by Hymne. This provision does not affect the legal rights of the contracting parties. Hymne only assumes liability for delayed delivery within the scope of paragraph 10.5.
6. Retention of Title
Goods remain the property of Hymne until the full payment of the selling price.
7. Information on the Right of Withdrawal
Right of Withdrawal
You have the right to revoke contracts within fourteen days, without giving any reasons.
The withdrawal period is fourteen days from the date on which you took possession of the last Goods, or the date on which a third party designated by you, who is not the carrier, took possession of the last Goods.
To exercise your right of withdrawal, you must inform Hymne Switzerland Sàrl, Rue du Bois-Melly 2, 1205 Geneva, Email: support@hymne.co, of your decision to revoke this contract by sending an explicit declaration (e.g., a letter sent by postal mail, telephone, or email). The right of withdrawal does not apply if the product has been opened.
Consequences of Withdrawal
If you revoke the contracts, we must reimburse you immediately, but no later than fourteen days after receiving the communication regarding the withdrawal, for all payments you have made to us, including delivery costs (except for additional costs resulting from your choice of a different delivery method than the most favorable standard delivery we offer). Unless expressly agreed otherwise, we use the same means of payment that you used for the initial transaction, and you will not be charged any fees for this refund.
We may refuse reimbursement until we have recovered the Goods or until you have provided evidence that you have returned them, whichever is earlier.
You must return or hand over the Goods to us without undue delay, but in any case, no later than fourteen days from the date on which you informed us of the withdrawal from this contract. The deadline is met if you ship the Goods before the expiration of the fourteen-day period.
We do not bear the cost of returning the Goods.
You are only responsible for any loss of value of the Goods if this loss results from handling that is not necessary for the examination of the nature, characteristics, and functioning of the Goods. Opened products cannot be returned.
8. Return of Goods
Before returning, the Goods must be securely and carefully packed. If a Good cannot be adequately packaged, please contact us so that we can arrange for its removal.
Always return Goods to the sender.
The correct return address is:
Hymne Switzerland Sàrl,
Du Bois-Melly 2,
1205 Geneva.
9. Warranty
Statutory warranty claims apply. BestSecret’s liability for damages is limited in accordance with paragraph 10.
If Hymne provides specific guarantees, these do not affect the statutory warranty claims.
BestSecret does not guarantee uninterrupted and flawless availability of the website.
10. Liability
Hymne is liable without restriction for damages it has caused (whether its liability is of a non-contractual nature or is based on a contractual breach) to the extent that it can be proven that these damages were caused intentionally or by gross negligence on the part of Hymne (i.e., by the organs or employees of Hymne). Any liability for slight negligence is completely excluded.
To the extent that BestSecret entrusts the performance of the contract to auxiliary persons (such as carriers), liability for these auxiliary persons under Article 101 of the Code of Obligations is excluded.
Hymne is liable without restriction in case of fraudulent concealment of defects in the sold item.
Hymne is not liable for delays or breaches of the contract when these delays or breaches result from force majeure and are beyond its control. Events beyond Hymne’s control include strikes, lockouts, or other industrial events, civil unrest, invasions, terrorist attacks or threats, wars or war preparations, fires, explosions, storms, floods, earthquakes, landslides, epidemics, or other natural disasters, failures of private or public telecommunications networks, interruptions in rail, maritime, or air transport, unavailability of transport companies, or other impediments that Hymne could not have foreseen and that are beyond its reasonable control. This provision does not affect the legal rights of the contracting parties. Hymne’s liability for delayed delivery is only within the limits of paragraph 10.5.
11. Images of Goods on the Website/App
Images of Goods on the website are displayed for illustrative purposes only. While we do our best to accurately reflect colors, we cannot guarantee that your screen will display them correctly. Delivered Goods may, therefore, be slightly different from the images used.
The packaging of Goods may differ from that shown in the images on the website.
12. Exclusion of Liability for Hyperlinks
Hymne displays links on its website to third-party websites. It declares that it has no influence on the design and content of these sites. Therefore, Hymne expressly distances itself from all content of third-party sites linked on its website. Hymne does not in any way endorse their content. Therefore, Hymne excludes all liability for damages arising from these hyperlinks to the extent permitted by law. This statement applies to all links on the website and to all content of sites to which these links refer.
13. Copyright
The Member is only authorized to use copyrighted material used and presented by Hymne on the website for private purposes. Third-party copyrighted material that Hymne uses to present the Goods it offers can only be used by the Customer for their own purposes to the extent that such use is limited to private use.
14. Alternative Dispute Resolution
The European Commission provides an online dispute resolution platform (ODR), which you can find at www.ec.europa.eu/consumers/odr/. We are not obligated to participate in a consumer dispute resolution procedure before a competent conciliation body, nor are we willing to do so. You can contact us directly in case of questions or problems.
