Terms & Conditions
1. General
1.1 The general sales conditions (hereinafter referred to as the “General Sales Conditions” or “GSC”) apply to all activities provided by the company “Pull up SA”, (hereinafter referred to as the “Company”), a company located at Rue Jean-Violette 30, 1205 Geneva, Switzerland and in particular the activities and services provided through its website, (klode.ch), (hereinafter referred to as the “Website”) enabling orders to be placed and contracts to be concluded (hereinafter referred to as the “Order”) via the klode online store (hereinafter referred to as the “Website”).
1.2 These GTC are available at all times on the klode.ch website and shall prevail over any other document. Pull up SA reserves the right to modify the GTC at any time. The version of the GCS applicable at the time of the order. It is the customer’s responsibility to check them regularly for any changes.
1.3 These GTC apply to all sales and services made through the Website, but in particular all sales made by e-mail or by any other firm expression of will.
1.4 The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale by ticking the appropriate box before proceeding with the online ordering procedure on the klode.ch website. By accessing and using the Company’s website, the Customer acknowledges having read and understood these Terms and Conditions.
2. Offer
2.1 Pull up SA markets various products (Mint, Lime, filters, supports and accessories) (“the products”). The offer is aimed at individuals and companies domiciled or headquartered in Switzerland. Products are only delivered to addresses in Switzerland or Liechtenstein. For delivery to other countries, please use the European website eu.klode.co.
The offer is valid as long as it appears in the online store, and within the limits of production capacity, as specified when the order is placed. Please note that we reserve the right to make changes to the offer.
2.2 The images presented in advertisements, brochures, the online store, the Website, social networks, etc., as well as all product information, are for illustrative purposes only and are not contractually binding.
Specific product information is decisive.
3. Intellectual property
3.1 Pull up SA holds all intellectual property rights relating to the Website. Customers shall take appropriate measures to ensure that they do not infringe any intellectual property rights, in particular when using the content, images and texts of the Website.
Any use of these photos must be requested in writing or by e-mail from info@klode.co(Pull up SA). The procedure for contacting us is given at the end of this document. Any use of the photos is forbidden without the company’s written consent.
4. Awards
4.1 Prices are quoted in Swiss francs (CHF), inclusive of VAT.
The prices shown in the online store at the time the contract is concluded are binding.
The sales price must be paid in full by the Customer on conclusion of the contract.
4.2 Certain prices include the costs of processing, shipping, transport and delivery to the countries supplied (point 2. Offer).
4.3 Certain prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions mentioned on the Website (link).
4.4 The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
Resellers can contact Pull up SA (info@klode.co) for the reseller price list and special conditions.
5. Order validation
5.1 We would like to point out that the goods offered in our online store do not constitute an offer to conclude a contract, but only an invitation to place an order. By placing an order, the Customer submits to Pull up SA an offer to conclude a purchase contract.
You declare that you have read and accepted these General Terms and Conditions of Sale and the rights and obligations arising therefrom before placing your order. The final validation of your order implies acceptance of the General Terms and Conditions as well as the privacy statement.
At any time, the Customer can access his order and modify it before its final validation. (Payment validation).
Please follow the steps below:
5.2 Step 1: Item selection :
It is the Customer’s responsibility to select on the Web Site the items they wish to order and then follow the procedure available on the Web Site in order to place the order.
Once the item has been selected, it will be placed in the Customer’s shopping basket.
5.3 Step 2: Check and validate basket contents
The customer checks the contents of his basket by clicking on the basket icon in the top right-hand corner and then on “view basket”, in order to have access to a summary of the items he has selected and to check their contents. This summary informs the customer of the amount of each item as well as the total amount of the selected items.
Once the order has been checked by the Customer, he must validate his basket by clicking again on “Proceed to payment”.
5.4 Step 3: Indication of billing data and delivery method
The customer must fill in the form with his billing and delivery details.
Fields marked with an asterisk (*) are mandatory.
The customer then checks all the information.
5.5 Step 4: Enter bank details and validate payment.
The customer selects the payment method. The payment page is secure.
The Customer may choose Twint, in which case the Customer will be redirected to the Twint payment procedure. If he chooses payment by credit card, the Customer fills in the form with his bank details. In particular, by specifying your credit card number, expiry date and control number (the 3 (three) numbers of the visual cryptogram on the back of your card). As soon as the Customer confirms payment, the order is recorded and becomes irrevocable.
6. Order confirmation :
6.1 Once all the steps described in point 5 (Order validation) have been completed, the Customer will then be automatically redirected to an order confirmation screen on the Website, which represents the acknowledgement of receipt of the Customer’s order. The Customer will also receive an acknowledgement of receipt by e-mail. Once an order has been submitted, the customer cannot add to or cancel it.
6.2 Pull up SA reserves the right to limit order quantities. Pull up SA may, without justification, refuse all or part of the order. In this case, the customer is informed and any payment already made is refunded. All other claims are excluded.
6.3 The data recorded by Pull up SA constitutes irrefutable proof of orders. The data recorded by the payment system constitutes irrefutable proof of financial transactions.
7. Conclusion of contract
The contract is concluded between the Customer and Pull Up SA at the time of acceptance by the Customers of the offer proposed by Pull up SA through the Website.
8. Registration
8.1 Customers undertake to provide accurate and valid contact details. In the event of a change, Customers are responsible for taking the necessary steps to inform Pull up SA.
8.2 The e-mail address provided by the Customer must be valid. All order-related information will be transmitted via this channel. It is the Customer’s responsibility to check e-mail, especially spam. Communications sent by e-mail are deemed to have been received no later than 24 (twenty-four) hours after being sent by Pull up SA.
9. Purchase
The product is mainly available on the Website, and through a network of distributors authorized by the brand. Authorized distributors will be indicated on the website if available. Any other so-called reseller is illegal.
10. Availability
Pull up SA does not guarantee the availability of the Products. Availability is limited to production capacity. If a Product is out of stock, the customer will be notified as soon as possible.
11. Delivery
11.1 Delivery of the Product is made by Swiss Post, via our shipping service provider Pro Entreprise Sociale privée; for orders from Customers with permanent residences in Switzerland and Lichtenstein. The customer assumes all responsibility for the Products delivered.
11.2 Customers undertake to provide accurate and valid contact details. Pull up SA cannot be held responsible for non-delivery due to an incorrect or inaccurate address.
Orders will not be placed with customers who are minors or persons without legal capacity, unless written authorization has been obtained from their legal representatives or guardians.
11.3 The transfer of risks and profits is transferred to the Customer on orders placed as soon as the goods are handed over to the carrier or leave the premises.
12. Warranty
Pull up SA’s warranty conditions are two years, in accordance with Swiss law and the European Union Directive 2011/83 on consumer rights of October 25, 2011. The information transmitted via the Website is provided for information purposes only and Pull up SA cannot be held liable in any way whatsoever. The Website cannot be held responsible for any errors and/or omissions that may be contained in the Website.
By using the Web Site, the Customer assumes all negative consequences that may arise from such use. In particular, by taking all necessary precautions to protect its data and/or stored software against any attack (virus, piracy).
Any damage caused intentionally or by negligent use of the product is not covered.
13. Returns, exchanges and complaints
The customer has the right, as a consumer, to cancel his purchase without any particular reason, within 14 days of receiving the goods. The customer will receive a full refund provided that the product has not been used, is in perfect condition with no signs of wear and is returned in its original packaging.
The right of return applies within 14 days of delivery. (as evidenced by the postmark). Return shipping costs are at the customer’s expense.
14. Force majeure
If Pull up SA, its suppliers or commissioned third parties are unable to perform on time due to force majeure, for example : natural disaster, earthquake, volcanic eruption, avalanche, inclement weather, storm, tempest, war, political or social unrest, civil war, revolution and insurrection, terrorism, sabotage, strike or nuclear accident or damage to nuclear reactors or pandemic, then Pull up SA will be released from the obligation to perform during such force majeure events and for an appropriate period of time following the end of such events. If the duration of the case of force majeure exceeds 30 (thirty) days, Pull up SA is entitled to withdraw from the contract and Pull up SA will refund the total amount paid by the Customer. All other claims, in particular claims for damages resulting from force majeure, are excluded.
15. Terms of payment
15.1 Payments must be made in Swiss francs (CHF).
The Price is paid by secure payment, as follows: payment by credit card, Twint. The price is payable in full on the day the order is placed.
15.2 Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the Website. All transactions are processed by our payment service provider, Wallee Group AG, and then forwarded to the payment processors, depending on the payment method: Twint AG for Twint and Concardis GmbH for credit card transactions.
15.3 Payments made by Customers will only be considered final after effective collection by Pull up SA of the sums due.
15.4 Pull up SA shall not be obliged to deliver the products ordered by the Customers if the latter have not paid the price in full in accordance with the aforementioned conditions.
16. Applicable law and place of jurisdiction
16.1 The place of jurisdiction is the Pull up SA head office in Geneva. In the event of a dispute, Swiss law shall apply (specifically articles 184 et seq. of the Swiss Code of Obligations).
16.2 In the event of a dispute or litigation, the Customer is invited to contact Pull up SA. If no agreement can be reached, a mediation procedure will be proposed as an out-of-court option.
To initiate this mediation, Pull up SA and the Pull up SA Customer may contact the mediator of their choice.
16.3 Failing amicable agreement, any dispute will be dealt with by the District Court of Geneva. These General Terms and Conditions and the transactions arising from them are governed by and subject to Swiss law.
However, the terms of this article do not deprive consumers of their right to take legal action, or to defend themselves in the event of legal action, in their country of residence or domicile, nor of their right to consumer protection measures as defined by the legislation applicable in their country of residence.
16.4 These CVG are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
17. Hyperlinks :
The Website may contain hyperlinks to other Websites (Instagram, Facebook, Twitter, etc.).
Pull up SA cannot be held liable for any damage resulting from the consultation of the platform of these sites or resulting from their content.
18. Data protection :
Pull up SA uses and processes customers’ personal data collected through the Website in order to carry out its mission as well as to make the use of the Website as optimal as possible. For further information on data protection, please refer to the Pull up SA Data Protection Declaration.
19. Saving clause :
The validity of these General Terms and Conditions of Sale shall not be affected if any of its provisions or any of its appendices are declared null and void. In this case, the null or invalid provision will be replaced by a valid provision that comes close to the purpose of the null or invalid provision. The same applies to any contractual gaps.
20. Contact details :
Pull up SA
Rue Jean Violette 30
1205 Geneva
Switzerland
21. Contact
If you have any questions, please refer to the FAQ section of our website. If you have any further questions, please contact our customer service department at support@klode.co.
Updated on 15.08.2023 – automatic translation of the French version
The General Terms and Conditions of Sale are protected by copyright. Any reproduction, distribution or other use of the General Terms and Conditions of Sale, in modified or unmodified form, is prohibited without the prior written consent of the author. Unauthorized use of the General Terms and Conditions of Sale will be prosecuted.