Terms of Sale
1. About Nanosite / KOYE.SHOP and these terms of sale
1.1 These are the terms of sale (hereinafter referred to as « Terms of Sale, ToS« ) of Nanosite Ducommun-dit-Verron, Ring 12, 2502 Biel-Bienne, Switzerland, (hereinafter referred to as “Nanosite”, “we”, “our”, “us”, “KOYE”). We are the current owner of the brand KOYE and seller of products and services bearing the brand KOYE.
1.2 These Terms of Sale apply to the sale of KOYE products or services on this website, the KOYE eCom store.
2. Updates to these terms of sale
2.1 We reserve the right to update, modify, or replace any part of these Terms of Sale by posting updates and/or changes to our website. Therefore, please review them before your next purchase to stay informed of any updates.
2.2 The effective date of these Terms of Sale is: July 25th, 2024.
3. General
3.1 By placing an order, you accept these Terms of Sale and confirm to have read and understood our Privacy Notice.
3.2 The invalidity of any provision of these Terms of Sale does not affect the validity of the contract between you and us.
3.3 You may not assign any rights arising from your contract with us to a third party without our prior written permission.
3.4 If you use this website, you agree to communicate electronically with us.
3.5 You may contact us as follows: Nanosite Ducommun-dit-Verron, Ring 12, 2502 Biel-Bienne, Switzerland, email: ask@koye.shop.
4. Accuracy, completeness, and timeliness of information on this online store
4.1 Product and service descriptions may be incomplete or inaccurate and are subject to change without notice, and we shall not be held liable to you or any third party.
4.2 We strive to display the colors and images of our products as accurately as possible. However, we cannot guarantee that the display of any color on your computer screen will be accurate. We cannot be held responsible for photographic or typographical errors.
5. Accuracy of billing and account information
5.1 You agree to provide current, complete, and accurate information for all purchases and account creations made on our website.
5.2 We are not responsible for the incorrect transmission of your information and the resulting consequences, such as shipping your order to the wrong delivery address.
6. Products
6.1 We are not responsible for any alteration of products purchased if care instructions are not followed (e.g., garment washing conditions).
6.2 Please note that to fully utilize the interactive part of the products, you will need to possess a smartphone and a working phone number in order to receive our functional SMS messages.
6.3 We reserve the right, at our sole discretion and without notice, to withdraw, modify, or limit access to any Moode, whether temporarily or permanently, without being liable to you or any third party. A Moode is a subset of one or more web pages, virtually forming a « micro-application » that allows users to digitally interact with KOYE clothing and with each other via a web browser. Moodes are varied and may evolve over time. Moodes can be exclusive to certain collections.
6.4 For the terms regarding creation, sharing and ownership of content created by the user and the rights in such content by us, please see the Legal Notice & Terms of Use.
6.5 The QR code shown in photos and videos is for illustration purposes only and does not correspond to the one that will be printed on your products.
7. Buyer status
7.1 By placing an order on this site, you confirm that you have the legal capacity to enter into contracts and that you have reached the legal age of majority required to enter into contracts.
7.2.1 By placing an order, you declare and warrant that you are a bona fide end customer and user making a purchase for your own use or for the personal use of a third party.
7.2.2 Consequently, you declare and warrant that you will not deliver, sell, or distribute our products in any other manner, nor will you purchase our products or services for commercial purposes.
7.2.3 Any breach or violation of any of the terms will result in the immediate termination of your services.
8. Order acceptance
8.1 Your order will be considered as an offer to buy products or services under these Terms of Sale.
8.2 All orders are subject to availability and our acceptance of said orders.
8. 3 We reserve the right, at our sole discretion, to refuse, cancel, or terminate orders at any time for reasonable reasons. For example, in the event of an ongoing dispute regarding the payment of a previous order or when orders appear to be placed by resellers.
8.4 We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. For example, in the case of sales of limited edition products.
8.5 After placing an order, you will receive an email from us confirming that we have received your order. Please note that this does not mean that your order has been accepted.
8.6 We reserve the right to conduct identity verifications to prevent fraud.
8.7 We will confirm the acceptance of your order by email in which you will find your receipt.
8.8 The contract will only cover the products and services for which we have confirmed shipment in the order confirmation email. We are not obliged to provide any other products or services that may have been part of your order until the shipment of these products or services has been confirmed in a separate order confirmation.
9. Price and payment and delivery
9.1 Unless stated otherwise, the prices listed by KOYE are not subject to VAT. These prices exclude any possible delivery charges and other taxes. Prices and our invoices are in Swiss Francs. Delivery charges are listed separately next to the offer.
9.2 We reserve the right to change the prices and any possible delivery charges at any time without notice, but changes will not affect orders for which an order confirmation has already been sent.
9.3 We strive to ensure that the prices of products and services, as well as any potential delivery charges, are correct at the time the relevant information is entered into the system or communicated to you by KOYE. However, despite the reasonable efforts we make, it is still possible that the price of some of the offered products may not be accurate . If the price of one of the products or services you have ordered, or the delivery charges are incorrect, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you provided during the order process, we will cancel the order and inform you in writing.
9.4 We are not obliged to provide the product or service at the incorrect (lower) price, if the price error is obvious and unmistakeable and you could reasonably have recognized it as a pricing error.
9.5 You can make your payment using the payment options available on this website at the time of your purchase. When you pay with a credit/debit card, you are subject to validation checks and authorisation by the card issuer. We may disclose your personal information to such third parties as are necessary to enable us to carry out these checks. If the issuer of the credit/debit card refuses to authorise payment to us, the order will not be accepted and we will therefore not be liable for any delay or non-delivery.
9.6 You will be charged directly at the end of the payment process, when it is successful.
9.7 We deliver to the delivery address you provided. We only deliver to delivery addresses in Switzerland.
10. Transfer of property and risks
10.1 Ownership of the products will be transferred to you once full payment of all sums due in respect of the products (including delivery charges) has been made, and when the products are delivered. We may retrieve any product supplied at any time before the transfer of ownership if these Terms of Sale are not complied with.
10.2 The risk of the products is transferred to you upon delivery. « Risk » in this context means the responsibility for any damage to the products or caused by their use, handling, or storage.
10.3 Our liability is excluded and limited to the extent permitted by law.
11. Right of withdrawal
11.1 The withdrawal period will expire 14 days after the date on which you acquire physical possession of the product.
11.2 To exercise your right of withdrawal, you must inform us (Nanosite Ducommun-dit-Verron, Ring 12, 2502 Biel-Bienne, Switzerland, email: ask@koye.shop) of your decision to withdraw by a clear statement (e.g., a letter sent by post or email). We will ask for the reason for your return to understand what can be improved and will also indicate the address to which you should return your item.
11.3 To meet the withdrawal deadline, you just need to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.
11. 4 Items returned to us without a prior return request will not be accepted and will not be returned back to you.
11.5 The return of items is at the expense and risk of the customer. We are not responsible for the risk of loss or damage during the return of the shipment.
11.6 Only new, unworn products with their activation card and in their original packaging can be returned. The right of withdrawal does not apply to products that are made to measure or personalized.
11.7 If you terminate this contract, we will reimburse all payments received from you, excluding potential delivery costs.
11.8 We will make the reimbursement without undue delay, and not later than 14 days after we receive back from you any products returned. We may withhold reimbursement until we have received the returned products. We will carry out the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise.
11.9 Once the refund has been issued by us, please allow additional time for the processing of the refund by your bank or credit card company.
11.10 You must send back the products (including any gifts accompanying your purchase) within a reasonable time and, in any event, no later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
11.11 For online purchases, returns are not accepted at stores or pop-up stores.
11.12 You are responsible for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the products.
12. Governing law and juridiction
12.1 The contracts concluded on this website between you and us are governed and interpreted in accordance with Swiss laws, without giving effect to its conflict of laws principles and regardless of the place of its physical performance or execution.
12.2 To the extent permitted by law, disputes arising from the conclusion, execution, or termination of such contracts shall be exclusively settled by the competent ordinary courts of Biel-Bienne, Switzerland, without restriction of any right of appeal. Notwithstanding the foregoing, each party is however authorized to seek provisional orders and injunctive relief in any competent authority worldwide.
We thank our legal partner, Kanzlei Berger (https://kanzlei-berger.ch) for his work on this legal document.