Preamble

The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods and services offered by the company "CALZA NERA" to the consumer.

The site is the property of "CALZA NERA" in its entirety, as well as all related rights. No part of this site may be reproduced without the express prior permission of "CALZA NERA".

The online store on the www.calzanera.ch website has been set up by CALZA NERA, who is the operator of this site. Any order taken for a product appearing in the online store of the website www.calzanera.ch implies the prior consultation of the present general conditions.

Consequently, the consumer acknowledges that he is fully aware that his agreement to the content of these terms and conditions does not require a handwritten signature.

of this document, insofar as the customer wishes to order online the products presented in the website store. The consumer has the option of saving or editing these general terms and conditions, it being understood that both saving and editing this document are the sole responsibility of the consumer. The online store set up by CALZA NERA as part of the website includes the following information:

- legal notice enabling precise identification of the company "CALZA NERA" presentation of the essential characteristics of the goods offered

- indication, in Swiss francs, of the price of the goods and, where applicable, delivery charges

- indication of terms of payment, delivery or performance

- the existence of a right of withdrawal

- the validity period of the offer or price

- all this information is presented in French. The consumer declares that he/she has full legal capacity to enter into commitments under these terms and conditions.

    1. Application of conditions
    2. Controls
    3. Price
    4. Packaging
    5. Product availability
    6. Order confirmation
    7. Proof of transaction
    8. Delivery
    9. La Poste
    10. Delivery problems caused by the carrier
    11. Warranty
    12. Payment
    13. Disputes
    14. Limitation of liability
    15. Privacy
    16. Volatile nature of data collected on the Merchant's site
    17. Personal data protection
    18. Transaction security
    19. No partial validation
    20. No waiver
    21. Title
    22. Delay and cancellation of standard and custom orders and payments
    23. Clothing personalization

Article 1: Application of conditions

The seller is defined below as "CALZA NERA". The buyer is defined below as the company or person signing and accepting the present terms and conditions of sale. The general terms and conditions of sale apply exclusively to all sales concluded by "CALZA NERA" both on its own behalf and on behalf of its principals. All other conditions are only binding on the seller after written confirmation. Information given on price lists, websites, etc. is for guidance only and may be changed by the seller without notice. The mere fact of placing an order or accepting an offer from the seller implies unreserved acceptance of these terms and conditions. These terms and conditions may be modified at any time and without notice by calzanera.ch, in which case the modifications will apply to all subsequent orders.

You declare that you are at least 18 years of age and have the legal capacity or parental authorization to place an order on the Site.

Article 2: Orders

In the case of orders placed on the " www.calzanera.ch" website, orders are effective from the date on which the buyer's credit card account is debited. The seller reserves the right to accept or refuse the buyer's order, without giving any reason.

The consumer's "double click" on the order form constitutes an electronic signature which has the same value between the parties as a handwritten signature.

"CALZA NERA" reserves the right to refuse or cancel any order from a customer with whom there is a dispute concerning the payment of a previous order.

Retention of title: By express agreement, and in accordance with the provisions of the law of May 12, 1980, the products ordered remain the property of "CALZA NERA" until full payment of their price by the customer. In the event of non-performance of its obligations by the customer, whatever the cause, calzanera.ch shall be entitled to demand the immediate return of the products at the customer's expense and risk.

Article 3: Prices

The seller's price list does not constitute a sale. It may be modified unilaterally without prior notice. Products are invoiced at the price agreed at the time of order, subject to the option period and general economic conditions (taxes, exchange rates, etc.) at the time of delivery. All prices are in Swiss francs and include VAT. The price indicated does not include transport. The price indicated in the order confirmation is the final price, including all taxes for Switzerland. This price includes the price of the products, handling, packaging and storage costs, transport and commissioning costs.

The company "CALZA NERA" presents on its website the products to be sold with the characteristics necessary to comply with Article L 111-1 of the Consumer Code, which provides the opportunity for the potential consumer to know before the final order the essential characteristics of the products he wants to buy.

Article 4: Packaging

We take the utmost care to ensure that no damage occurs during transport. To avoid any temptation, our shipping packaging has no distinctive external markings.

Article 5: Product availability

All delivery times announced on the www.calzanera.ch website are in working days (excluding Saturdays, Sundays and public holidays). Each product sheet indicates: Orders are processed, prepared and dispatched, i.e. given to our carrier, within 24/72 hours from:

-the validation of the payment by the customer when it is made by credit card online.

In general, orders are processed after validation of payment when paid online by credit card via www.calzanera.ch.

Article 6: Order confirmation

Contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the consumer on the order form.

Article 7: Proof of transaction

The computerized registers, kept in the computer systems of the company "CALZA NERA" in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.

Article 8: Delivery

If you have a specific deadline (competition, travel, hospitalization, etc.), please let us know before ordering.

Products are delivered between 2 and 7 days from receipt of payment and sent to the address indicated by the customer on the order form. After confirmation of the order, "CALZA NERA" undertakes to deliver to LA POSTE SUISSE, all items ordered by the purchaser. This time may vary slightly for orders placed at weekends. The post office will deliver the order to the purchaser's address provided by "CALZA NERA". All orders placed on www.calzanera.ch are intended for the personal use of customers, customers or recipients of products are prohibited from reselling all or part of the products. Delivery will be made by La Poste in normal mode. Any delays do not entitle the purchaser to claim damages.

damages. "CALZA NERA" cannot be held responsible for the possible loss of your order during its routing towards its address of destination. The responsibility of

"CALZA NERA" ceases to apply as soon as the goods are handed over to the Swiss Post Office. In the event of apparent defects, the purchaser has the right of return under the conditions set out in this document. War, riot, fire, strikes, accidents and the impossibility of obtaining supplies are considered as cases of force majeure discharging the seller from his obligation to deliver. Goods always travel at the recipient's risk. Always check your parcel on arrival. You have 48 hours to make any reservations to the Post Office in the event of shortage or damage.

Shipments outside Switzerland may be subject to import charges and customs taxes when entering the destination country. These charges are the responsibility of the recipient. We have no control over these costs and cannot predict the amount of any such charges.

We reserve the right not to supply orders if we believe that the addresses communicated are not safe, for example, in a communal postal address or a P.O. box EXCEPT in the case of a registered parcel chosen by the customer, the loss of the parcel is then insured and its value will be refunded to the customer as soon as the carrier has declared it definitively lost.

Article 9: The post office

All products are shipped by Swiss Post. This service offers you the possibility of picking up your order at a post office close to the delivery address, should the letter carrier not be present at the initial delivery address.

Specifically, if you are absent on the day of delivery, your letter carrier will leave a notice in your letterbox, allowing you to collect your parcel from your post office during opening hours, within 15 days. Poste products are a highly reliable service. However, as with any shipment, there may be a delay in delivery or the product may go astray. In the event of a delay in delivery (more than 48 hours) in relation to the date we indicated in the dispatch e-mail, we ask you to inform us of this delay by calling us by telephone or by sending us an e-mail. We will then contact the Post Office to start an investigation. A Poste investigation can last up to 21 days from the date the investigation begins. If the product is found during this period, it will be sent to your home address immediately. If, on the other hand, the product is not found at the end of the 21-day investigation period, the Post Office considers the parcel to be lost. Only then can we send you a replacement product, at our expense. If the product(s) is (are) still available, but has (have) changed its (their) selling price(s) on the site, we will apply the new selling price(s), either by reimbursing you by cheque for the difference, or by requesting an additional cheque for the price difference.

We accept no responsibility for longer delivery times due to the carrier, particularly in the event of loss of products or strikes.

Article 10: Delivery problems caused by the carrier

Any anomaly concerning the delivery (damage, missing product compared with the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the customer's signature. At the same time, the consumer must confirm this anomaly by sending a registered letter with acknowledgement of receipt to the carrier within two (2) working days of the delivery date, setting out the said claims. The consumer must send a copy of this letter by e-mail or by post to :

CALZA NERA

Quartier de la Prairie 3 bis

1400 Yverdon Switzerland

+4179/398.09.20

The consumer has a period of 7 working days to return, at his own expense, any products that do not suit him. This period runs from the day of delivery of the consumer's order. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

All returns must be preceded by the attribution of a retraction number obtained by calling + 41 79 398.09.20 from Monday to Friday from 2pm to 6.30pm and must be returned to the following address:

CALZA NERA

Quartier de la Prairie 3 bis

1400 Yverdon

Switzerland

Failing this, the parcel will be refused.

Products remain subject to the legal 7-day withdrawal period.

Only products returned in their entirety, in their original packaging, complete and undamaged, and in perfect condition for resale, will be taken back. Any product that has been damaged, or whose original packaging has been damaged, will not be reimbursed or exchanged.

This right of withdrawal is exercised without penalty, with the exception of the cost of return. In the event of exercising the right of withdrawal, the consumer has the option of requesting an exchange or refund of the product if it is not available in the size corresponding to the customer. Returns will be at the customer's expense.

In case of exercise of the right of withdrawal, "CALZA NERA" will make every effort to exchange the consumer within 15 days.

The consumer will then be reimbursed by crediting his bank account (secure transaction) in case of payment by credit card.

Article 11: Warranty

"CALZA NERA" guarantees that all the items on our site are manufactured to European standards. All the manufacturers of our products have been carefully selected, and each item undergoes stringent quality control. Before sending you the products, we check each item again. If the product you have received has a hidden defect that has not been noticed (or could not have been noticed), follow the instructions for returning a defective product.

In accordance with article 4 of decree no. 78-464 of March 24, 1978, the present provisions cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee against all consequences of hidden defects in the item sold. The consumer is expressly informed that the company "CALZA NERA" is not the producer of the products presented on the website, within the meaning of Law No. 98-389 of May 19, 1998 and relating to liability for defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the liability of the producer of the product may be sought by the consumer, on the basis of the information appearing on the packaging of the said product. The conditions and duration of the producer's warranty are indicated on the product sheets. In view of the frequency with which components of technical products are renewed, "CALZA NERA" may, on request, inform the consumer of the availability of spare parts for the products offered and how to obtain them.

Any return must be preceded by the prior agreement of "CALZA NERA" and the allocation of a return number. Returns must be addressed to :

CALZA NERA

Quartier de la Prairie 3 bis
1400 Yverdon Switzerland

+4179/398.09.20

In the absence of prior agreement, a return number or any other "CALZA NERA" address, the goods will be returned to the customer carriage forward. Returned goods must be accompanied by their original packaging.

In all cases, the customer benefits from the legal guarantee against hidden defects (Art.1626 et seq. of the French Civil Code). Provided the buyer can prove the hidden defect, the seller is legally bound to repair all the consequences (art.1641 et seq. of the French Civil Code).

The following are excluded from any warranty:

  1. 1. Use and maintenance not in accordance with the instructions supplied with the product, as well as defects in use or maintenance.
  2. Damage due to incorrect handling, incorrect connection (whether using original accessories or accessories substituted by the customer), abusive or abnormal use, intentional or accidental physical modification, or use for professional or commercial purposes.
  3. Spare parts or accessories whose replacement is the result of normal wear and tear or routine maintenance: light bulbs, batteries, seals, etc.
  4. The cost of transporting and modifying the device, in the event of a recall by the manufacturer due to a serial defect.
  5. Damage due to an external event (lightning, water damage, etc.).
  6. Interventions carried out on the device by any person not authorized by the After-Sales Service Department, as well as malfunctions and damage resulting from such intervention.

Article 12: Payment

The price invoiced to the customer is the price indicated on the order confirmation sent by "CALZA NERA". Payments must be made in such a way that the seller can dispose of the sums on the due date. Unless otherwise agreed in writing, payments must be made via PayPal. For all payments made on the website, the seller reserves the right to ask the purchaser to prove his/her identity and place of residence in order to accept the sale. Payment in full must be made at the time of ordering. At no time may the sums paid be considered as deposits or advance payments. Payment can be made by credit card.

The order will be automatically cancelled and the customer notified by e-mail if the bank payment centers concerned refuse to give their approval.

"CALZA NERA" has set up a procedure for checking and requesting additional information from the customer, intended to ensure that the user of the bank card is its holder. The implementation of this procedure, which cannot be considered as a guarantee against any fraudulent use of a bank card nor engage the responsibility of "CALZA NERA", postpones the validation of the payment until the end of the verification procedure. This may lead to cancellation of the order.

Article 13: Disputes

This contract is governed by Swiss law. www.calzanera.ch cannot be held responsible for damages of any kind, whether material, immaterial or bodily, which may result from malfunction or misuse of the products sold. The same applies to any product modifications resulting from manufacturers. The liability of

"CALZA NERA"'s liability shall in any event be limited to the amount of the order, and shall not be held liable for simple errors or omissions which may have occurred despite all the precautions taken in the presentation of the products. In the event of difficulties in the application of the present contract, the purchaser has the possibility, before taking any legal action, of seeking an amicable solution, notably with the help of: a professional association in the sector, a consumer association or any other advisor of his choice. Please note that the search for an amicable solution does not interrupt the "short period" of the legal warranty, nor the duration of the contractual warranty.

As a general rule, and subject to the discretion of the courts, compliance with the provisions of this contract relating to the contractual warranty assumes that the buyer honors his financial commitments to the seller. Complaints or disputes will always be received with attentive benevolence, good faith always being presumed in those who take the trouble to explain their situation. In the event of a dispute, the customer should first contact the company for an amicable solution.

Article 14: Limitation of liability

The information given on the site, photographs, product sheets, prices, etc. are given for information only. www.calzanera.ch makes every effort to ensure that the information presented on the site is accurate. Any errors that may appear are fortuitous and will be rectified as soon as possible. www.calzanera.ch cannot be held responsible for simple errors or omissions which may have occurred despite all the precautions taken in the presentation of the products. The same applies to any product modifications made by manufacturers. In accordance with current legislation, www.calzanera.ch is not responsible for the non-performance or poor performance of the contract attributable either to the consumer, or to the insurmountable and unforeseeable act of a third party to the contract, or to a case of force majeure.

Article 15: Confidentiality

CALZA NERA is committed to guaranteeing the confidentiality of the personal information you provide to us.

Article 16: Volatile nature of data collected on the Merchant's site

In order to process your order, we need to know and memorize some of the parameters communicated to us by your computer: we need to know who you are and which products you are buying. Cookies are programs used for just this purpose: to memorize, for the duration of your visit, your identity (known thanks to your username and password) and the contents of your shopping cart as you fill it. Once you've finished shopping, this information is automatically deleted, as our cookies are so-called "session cookies".

Article 17: Protection of personal data

As a merchant, the merchant collects a certain amount of information required to process orders. The merchant treats all such information with the utmost confidentiality.

Article 18: Transaction security

Payment by credit card is handled by PAYPAL, renowned for its reliability in Internet transactions. The transaction between you and PAYPAL is encrypted (SSL). The banking information you provide, encrypted on your own computer, will never circulate unencrypted on the Internet. No credit card number is stored by "CALZA NERA".

Article 19: Partial non-validation

If one or more stipulations of the present terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

Article 20: Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 21: Title

In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.

These general terms and conditions are governed by Swiss law. This applies to both substantive and formal rules. In the event of a dispute or complaint, the consumer should first contact "CALZA NERA" for an amicable solution. In the event of a dispute, the place of jurisdiction is "CALZA NERA".

Article 22: Delay and cancellation of standard and custom orders and payments

Delays in delivery are possible (up to 6 months) and do not justify the cancellation of an order. If, however, the customer wishes to cancel an order, full payment must be made.

50% of the total amount is invoiced before the customization order process. The balance is due 10 days before production is dispatched from the factory.

Article 23: Personalized clothing

During the garment customization process, a basic product is presented and approved in order to produce the sample that will be used for final production. If, however, the sample is not satisfactory, despite a product similar to the basic product, an additional fee may be charged to change the basic product.

CALZA NERA

Quartier de la Prairie 3 bis

1400 Yverdon Switzerland

+4179/398.09.20