Publication date: Aubonne, the 1.11.2024
1. Purpose
1.1
These general terms and conditions of sale (the ‘T&Cs’) apply to products purchased (the ‘Products’ or ‘Goods’) by a customer (the ‘Customer’) in Elite SA stores (‘Elite’), via the online store eboutique elitebeds.ch and/or on the basis of a personalised offer (‘Private Order’) regardless of whether they are collected directly by the Customer or delivered to them. The most recent version of these T&Cs may be consulted on our website; only the version in force at the time of purchase is binding.
1.2
No other general terms and conditions or waivers to these T&Cs apply to sales of Elite Products to the Customer.
2. Orders
2.1
For the elitebeds.ch online store, only orders placed by Customers whose head office or place of residence is in Switzerland are accepted by Elite.
Customers with a head office or place of residence outside Switzerland are invited to request a Private Order.
2.2
By placing an order with Elite, Customers declare that they are entitled to exercise their rights under applicable civil law. Prior to any order or purchase, persons who are not of age or under guardianship must supply written permission granted by their legal representative or guardian.
3. Agreement
3.1
The agreement between the Customer and Elite is entered into when the price is paid at the checkout.
For Private Orders, the agreement is entered into when the Customer signs the offer or sends a confirmation email.
In any event, a down payment entails the agreement being entered into.
For online orders, the agreement is entered into when Elite confirms the order. This confirmation is sent to the Customer once their order has been validated.
By entering into the agreement with Elite, the Customer agrees that the T&Cs form an integral part of their sales agreement.
3.2
The Customer has a time limit for withdrawal as specified in clause 11 of these T&Cs. The right of withdrawal applies only for duvets. No right of withdrawal is applicable for any other Product. For all such Products, any Customer refusing the Product is required to compensate the positive loss suffered by Elite. ‘Positive loss suffered’ here means the sale price plus any other detriment suffered by Elite pertaining to the Customer’s failure to perform the agreement, constituted by their declaration of refusal of the Product. The compensation for the positive loss is due in full immediately; Elite is no longer required to provide its service in such circumstances.
3.3
Elite is free to withdraw or alter the proposed Product offering, at its sole discretion and at any time.
4. Changes and cancellations
4.1
No order may be changed without the written permission of Elite.
4.2
Orders for bedding (beds and mattresses) and/or Private Orders may not be changed.
4.3
Cancellation of orders for bedding (beds and mattresses) and/or any Private Order is subject to clause 3.3 of the T&Cs.
5. Price
5.1
The sale price of Products is usually specified in Swiss francs (CHF) or euros and is inclusive of VAT. Sale prices of Products sold to professionals do not include VAT.
For Private Orders by Customers whose head office or place of residence is outside Switzerland, the sale price is specified in the currency corresponding to this head office or place of residence.
5.2
Except where otherwise specified, a down payment of 30% of the sale price is required on Private Orders when the agreement is entered into, with the balance payable on delivery. If the Customer cancels the order, clause 4.3 of these T&Cs applies.
5.3
Sale prices do not include delivery costs. Delivery costs are charged in addition to the sale price.
6. Delivery costs
6.1
Deliveries are carried out free of charge for orders in excess of CHF1,000 (one thousand Swiss francs) including tax if these are placed via the elitebeds.ch online store.
For orders totalling CHF1,000 (one thousand Swiss francs) including tax or less, a delivery charge will be invoiced in addition to the sale price. Delivery costs are specified in the basket and the order summary.
6.2
For all other orders, delivery costs and all other costs including carriage and customs duty are borne by the Customer.
Costs vary depending on the delivery address.
7. Delivery dates
7.1
Delivery will take place on the estimated date agreed by the Customer and Elite’s delivery department or Elite’s designated carrier.
7.2
For online orders, an estimated delivery time is specified for each item in the Product Data Sheet. The estimated delivery time for an entire order is specified in the order confirmation.
7.3
Elite may not be held liable by the Customer for any failure to abide by the estimated delivery time.
7.4
Customers are required to agree to any Product delivery even if it takes place after the specified estimated delivery date.
7.5
Elite may not be held liable for ordered Goods not being delivered due to stock, supply or production issues. Customers will be advised at the earliest opportunity.
8. Delivery
8.1
Deliveries are carried out by Elite or its designated carrier. Products purchased via the elitebeds.ch online store can be delivered only within Switzerland.
Where agreed by Elite and the Customer, the latter may take delivery of the Goods at Elite’s headquarters or at one of its branches (stores).
8.2
If the order includes multiple items, these are usually delivered in a single shipment once the order is made up and ready to be shipped. Elite is not required to make partial deliveries unless expressly agreed otherwise with the Customer.
8.3
If the Customer fails to collect Goods shipped by post within the specified time, Elite may deem the order to have been cancelled and recover the Goods as of right. The sale price will not be refunded to the Customer in this instance.
8.4
If the Goods are to be delivered by Elite or its designated carrier, the Customer and the shipping department must agree a delivery date. If the Customer does not take possession of the Goods, Elite may deem the order to have been cancelled and recover the Goods as of right. The sale price paid will not be refunded to the Customer in this instance.
9. Assembly
9.1
Beds and mattresses may be delivered and installed by Elite or its designated agents.
Delivery costs are borne by the Customer as specified in clause 6 of these T&Cs, as are assembly costs.
For all other Products, assembly of Products sold by Elite is carried out only if expressly requested by the Customer. Elite is free to reject any such request.
9.2
If Elite carries out assembly, it is liable for any immediate, direct damage to the Products sold. Elite may not be held liable in any other respect, including for indirect and/or consequential damage or loss of earnings. Elite may invoke its own public liability insurance; compensation may be awarded up to a maximum amount equal to the claim recognised and paid out to Elite by its public liability insurers.
9.3
If assembly is carried out by Elite’s agents, Elite may not be held liable for any immediate or direct damage to the sold, assembled Products. Furthermore, Elite may not be held liable in any other respect, including for indirect and/or consequential damage or loss of earnings. Any such assembly work is thus carried out under the responsibility and sole liability of the Customer.
9.4
If assembly is carried out by the Customer or its agents, this assembly is under the responsibility and at the sole liability of the Customer.
10. Transfer of liability
10.1
For collected Goods, the transfer of liability including the risk of loss and/or damage to the Goods occurs when the Customer collects the Goods from the store.
10.2
For delivered Products, transfer of liability to the Customer, including the risk of loss and/or damage to the Goods, occurs when they are shipped, i.e. as soon as they are handed over to the carrier or the Post Office, including in the event of the Customer not taking possession of the Goods. Clause 9 continues to apply.
10.3
If the Goods are returned to Elite as specified in clause 11, the relevant risk is borne by the Customer until the Goods are received by Elite.
11. Returns and exchanges
11.1
The withdrawal period of 10 (ten) days applies from collection or delivery.
In the event of partial deliveries, the withdrawal period applies to the contents of each package from receipt.
11.2
Products must be returned to an Elite store or shipped together with their delivery slip or purchase invoice to the following address: Elite SA, en Roveray 198, 1170 Aubonne Switzerland.
11.3
Products delivered by Elite’s designated carrier may be returned or exchanged via the same carrier. Any Customer wishing to return Goods via this service must contact Elite’s customer service department beforehand to arrange return of the Goods.
11.4
The withdrawal period applies only for unused duvets Products in their original packaging complete with any accessories.
For reasons of hygiene, duvets Products may be returned or exchanged only if the original plastic packaging is intact. Opening the original plastic packaging voids the right to return the Product.
No other Products may be returned or exchanged.
11.5
If returned or exchanged Products do not comply with the terms of clauses 11.1-11.4 of these T&Cs, Elite may return the Goods to the Customer and invoice them accordingly. Delivery costs for returns by Elite may be charged to the Customer in such instances.
11.6
If Goods are returned, the related costs are borne by the Customer.
12. Reserve of ownership
12.1
Goods delivered and invoiced to the Customer remain the property of Elite until the sale price has been paid in full.
Failure to pay the price in part or in full may result in the Goods being reclaimed.
12.2
Clause 12.1 of these T&Cs does not void the transfer to the Customer of liability for loss or damage of the Products and/or any related detriment pursuant to clause 10 of these T&Cs.
13. Verification of products and notification of defects
13.1
The Customer is required to check that the Product is complete and in good condition. They lose all warranty cover for any defects they have or could have observed once they take possession of the Product in-store or after delivery unless these defects are reported immediately on discovery.
13.2
The Customer must check the Products within 2 (two) days of taking possession or delivery thereof and must immediately advise Elite of any defect or damage to Products. If no notification is received from the Customer within this period, the Products are deemed to have been received in good condition, without any damage or defects, with the exception of any hidden defects.
13.3
In waiver of clauses 13.2 and 13.5 of the T&Cs, for reasons of hygiene Customers may not make any claim in respect of defects for duvets Products if the original plastic packaging is not intact. Opening the original plastic packaging voids the warranty covering defects.
13.4
If assembly is required, the Customer must take particular care to verify whether all Products are complete and that there are no defects. In the event of a defect, the Customer must immediately report it to the agent present, who will then note it on the delivery slip.
13.5
In the event of a hidden defect coming to light, the Customer must advise Elite of this immediately, in detail and in writing, as soon as it becomes apparent and in any event within 2 (two) days of this occurrence.
13.6
Any claims made by the Customer after this deadline or lacking in detail will be null and void.
13.7
Slight differences in the colours and/or structure of fabrics, trimmings, textiles, mattress hardness and/or relating to other materials used do not in any circumstances qualify as a defect. The same applies to any alteration in the colour or structure of Products sold due to light, temperature, moisture and/or any other conditions not consistent with normal use by the Customer and/or in respect of which Elite has expressed reservations to the Customer.
14. Warranty
14.1
All Products sold by Elite are guarranteed for 2 (two) years except where a longer warranty period is specified. The warranty period starts on the date on which the Customer receives the Product (date as cash desk receipt or where applicable the delivery slip).
14.2
Warranty exclusions include but are not limited to defects caused by accident, improper handling, inappropriate use, unauthorised alterations and/or repairs and/or defects due to normal wear and tear of Products over time and/or attributable in any other way to the Customer.
14.3
To invoke the warranty, the Customer must return the defective Goods to Elite at their own expense. If the Product in question is a mattress or a bed, the Customer must advise Elite; the latter will come on site to observe the defects in question.
14.4
If all conditions for the warranty covering defects are met, Elite may either repair the Product or replace it with a Product it deems to be equivalent, at its sole discretion. If repair is not possible and no other equivalent Product exists, Elite may, at its sole discretion, either compensate the Customer for the corresponding loss of value compared to the sale price or refund the sale price in full.
From this it follows that the Customer may not cancel the sales agreement, claim any reduction in the sale price, or make any claim for damages in this instance.
If Elite repairs or replaces the defective items, completion of the repair or replacement does not entail any extension of the original warranty period.
14.5
In no circumstances may Elite be held liable with respect to the Customer and/or third parties for any damage, including indirect or consequential damage arising from any fault in a Product, including but not limited to loss of business, loss of production, loss of agreements, loss of depreciation, goodwill or opportunity and/or loss of earnings. In this respect, the Customer waives any claim to damages pertaining to any defective Products. From this it follows that the sole grounds for Customer claims against Elite are those specified under the defect warranty as detailed in clause 14 of these T&Cs.
14.6
Elite undertakes to make every effort to deal with warranty claims within a reasonable timeframe.
14.7
This clause 14 of the T&Cs does not apply to mattresses, box spring bed bases and sofas: these are covered by a specific warranty, which may be consulted at: warranties.
15. Ancillaries
15.1
In no circumstances may Elite be held liable for the actions of its ancillaries, including its employees and agents, in the performance of their work and their contractual obligations with respect to Elite.
If assembly is required, clause 9 of the T&Cs applies.
16. Projects, drawings, plans, models, descriptions, samples and other documentation
16.1
Projects, drawings, plans, models, descriptions, samples and all other documents completed, produced, modified and/or presented by Elite for the purposes of the agreement with the Customer remain the sole property of Elite even where not expressly specified, and may not be used in any form whatsoever, copied, or reproduced without the express permission of Elite.
All rights are reserved.
17. Personal Data Protection
17.1
Elite constantly ensures that its Customers’ data is processed in compliance with applicable legislation in force.
17.2
When ordering, Customers’ personal data is collected and processed electronically. This data is collected by Elite to record and process orders, manage Customers’ personal accounts, carry out marketing studies, and for statistical purposes. The purpose of the data processing is the performance of the agreement with the Customer, the improvement and quality control of the services provided by Elite and market research.
17.3
Except where expressly refused by the Customer, Elite may send them commercial offers by post or by email and pass on their data to its commercial partners; the latter may send the Customer commercial offers by post or by email.
17.4
Customers may exercise their right to oppose the processing of their personal data and to access, amend and/or erase their personal data and/or define instructions about what happens to their data after their death by writing to Elite SA – En Roveray 198 – 1170 Aubonne Switzerland or by sending an email to . All such requests must be signed and accompanied by the photocopy of an ID document.
17.5
Customers may also consult the Confidentiality Policy which gives further details of how Elite processes Customers’ personal data. The Confidentiality Policy may be consulted at: privacy policy
18. Applicable law and assignment of jurisdiction
18.1
Swiss law applies to these T&Cs.
18.2
The sole competent jurisdiction is that corresponding to Elite’s head office.
