Terms and Conditions (GTC)

1. Scope

These General Terms and Conditions of Sale (hereinafter the "GTC") govern all sales, deliveries and services provided by Quintessence Publicité Sàrl, a company incorporated under Swiss law (hereinafter "Quintessence"), to its customers (hereinafter the "Customer").

Any order placed via bagsandbox.ch, shop.bagsandbox.ch, or through any other channel (quotation, e-mail, direct order) is legally concluded with Quintessence Publicité Sàrl.

Swiss law, and in particular the Swiss Code of Obligations (CO), applies on a subsidiary basis.

Any order implies the Customer's full and unreserved acceptance of these GTC.

2. Prices and payment terms

All prices are quoted in Swiss francs (CHF), excluding tax. Applicable VAT and shipping costs are calculated and added during the order process.

Quintessence reserves the right to modify its prices at any time as long as the order has not been definitively confirmed.

Unless otherwise agreed in writing, all orders must be paid in full (100%) at the time of ordering, either by credit card or by bank transfer.

Customer accounts benefiting from special payment terms (granted in writing by Quintessence) may derogate from this rule in accordance with the terms agreed individually.

3. Orders, modification and cancellation

Any confirmed order is firm and irrevocable for the Customer, unless otherwise agreed in writing by Quintessence beforehand.

On an exceptional basis, and only if the manufacturing, customisation, printing or supplier ordering process has not yet started, Quintessence may accept a cancellation or a modification. In such a case, a flat administrative fee of CHF 100.-- will be charged.

4. Production tolerances and technical aspects

For technical reasons relating to manufacturing, customisation and packaging processes, quantity variations of ± 10% may occur for certain items. The quantity actually delivered shall prevail and will be invoiced accordingly.

Due to the nature of the materials, inks and printing techniques used, slight colour variations may appear. Such variations are inherent to the production process and cannot give rise to any claim.

5. Liability and limitation

Quintessence reserves the right to cancel an order if it is unable to fulfil it, without this giving rise to any compensation whatsoever.

Quintessence may under no circumstances be held liable for indirect or intangible damages, in particular:

• loss of turnover or profit
• loss of business or contracts
• loss of data or time
• damage to reputation
• loss of opportunity or non-material damage

6. Force majeure

Should an event of force majeure occur which prevents the total or partial execution of the order, Quintessence will inform the Customer within fifteen (15) days.

The following are considered cases of force majeure in particular: strikes, lock-outs, riots, civil unrest, wars, epidemics, adverse weather conditions, fires, floods, transport accidents or delays, shortages, government restrictions, IT or telecommunications failures, as well as any event beyond the control of the parties.

The obligations of the parties are suspended for the entire duration of the force majeure event, without compensation. Should the situation continue for more than three (3) months, either party may terminate the order concerned without compensation.

The Customer's failure to pay may under no circumstances be justified by a case of force majeure.

7. Delivery, transport and risk

The goods travel at the Customer's own risk, even in the case of carriage-paid delivery.

Unless otherwise agreed in writing, deliveries within Switzerland are made under the CPT Incoterm (Incoterms in force). In certain specific cases, delivery may be made EXW (ex works) subject to prior written agreement, including for goods collected by the Customer.

Insurance covering transport risks is the exclusive responsibility of the Customer. Any liability of Quintessence for damage occurring during transport is excluded.

8. Retention of title

The goods delivered remain the exclusive property of Quintessence until the agreed price has been paid in full.

The Customer expressly acknowledges this retention of title and authorises Quintessence to take any steps necessary to safeguard its rights.

9. Claims

The Customer is required to inspect the goods immediately upon receipt.

Any claim must be submitted in writing within ten (10) days of delivery. The claim may under no circumstances exceed the amount of the invoice concerned.

For defects that cannot be detected during a standard inspection, the claim must be submitted in writing as soon as they are discovered, and at the latest within twenty (20) days after delivery, provided that the goods have not undergone any transformation and that the Customer preserves Quintessence's rights of recourse against its suppliers.

Any other claim is expressly excluded.

10. Set-off

Quintessence's claims arising from this contract may not be subject to any set-off.

11. Applicable law and place of jurisdiction

These GTC are governed exclusively by Swiss law.

Any dispute relating to their interpretation or execution shall be subject to the exclusive jurisdiction of the courts of the Canton of Valais.