Terms & conditions
1. Scope of Application
1.1 These General Terms and Conditions (« GTCs ») apply to any contractual relationship between El Septimo Geneva SA (« El Septimo ») and any customer as well as to any order made via El Septimo’s website (www.el-septimo.ch).
1.2 By placing a purchase order via El Septimo’s website, any customer shall be deemed to have accepted the present GTC.
1.3 These GTC shall prevail over any other terms and conditions unless otherwise agreed in writing by El Septimo.
2. Orders and Acceptance of Orders
2.1 Payments shall be made by the customer by credit or debit card or by bank transfer via the secure payment system on El Septimo’s website.
2.2 Accepted credit or debit cards are listed on El Septimo’s secure payment system.
2.3 El Septimo will send an acknowledgement of receipt of the purchase order to the email address provided by the customer to El Septimo.
2.4 The sale shall be effective upon receipt of payment of the total purchase amount (costs included) via El Septimo’s secure payment system.
2.5 El Septimo will provide the customer with a purchase confirmation by email within 10 days from receipt of payment. Should the customer not receive such confirmation within the said deadline, the purchase order shall be deemed as declined and any payment received by El Septimo will be refunded to the customer.
2.6 El Septimo’s automatic registration systems shall be deemed as conclusive evidence of the nature, content and date of any purchase order.
2.7 El Septimo reserves the right to cancel any purchase order made by a customer with whom there is a dispute relating to a previous order or in the event of a customer’s insolvency.
3.1 Prices indicated in the purchase confirmation do not include delivery costs, customs duties or other taxes applicable in the destination country.
4.1 Delivery times are estimated at 5 days for Switzerland and the US, 10 days for EU member countries and a longer duration for other countries.
4.2 Delivery estimates are indicative only and start running upon receipt of the corresponding payment by El Septimo.
4.3 Predictable delays shall be communicated to the customer.
4.4 Should delivery become impossible or unreasonably difficult due to reasons beyond El Septimo’s control (invalid address, absence of the recipient, prohibited access, The customer refuses to pay the duty taxes, and, or, refuses the delivery of the order, etc.), El Septimo reserves the right to cancel the order. Any claims for damages shall be excluded.
5. Import Duties and Taxes
5.1 The customer shall be liable for the direct payment of all import duties and taxes, customs duties, value added tax and any other taxes due pursuant to the laws of the destination country.
5.2 In the event that the carrier imposes more than one parcel, the customer shall be liable for any additional shipping costs.
6.1 El Septimo guarantees delivery of quality products, free of manufacturing or packaging defects.
6.2 All El Septimo cigars are made by us in Costa Rica.
6.3 Hidden defects shall be notified to El Septimo’s customer service within 3 days from receipt of the goods. El Septimo’s customer service may be contacted at +41 (0)22 301 41 46 from Monday to Friday between 9 am and 5 pm CET. Defective goods shall be returned to El Septimo within 10 days from receipt, failing and after which any delivery shall be deemed as accepted.
6.4 In the event that El Septimo recognizes the alleged defect, the defective goods will be replaced and El Septimo will bear the costs of return, however only up to the costs of the initial delivery and of returning the goods.
6.5 El Septimo shall not be liable for any direct or indirect damage or for any loss of earnings resulting from any alleged defect.
7. Right of withdrawal
7.1 For purchase orders to the EU member countries, the customer may exercise his right of withdrawal via registered mail within 7 days from receipt of the purchase confirmation.
8. Intellectual Property
8.1 El Septimo’s website is protected by copyright and is the exclusive property of El Septimo. any reproduction, distribution, transmission, modification or other use of the website’s content is prohibited.
8.2 Hypertext links towards the website are authorized.
8.3 El Septimo is a registered trademark. Any use, reproduction or representation of such trademark is prohibited.
8.4 El Septimo shall not be liable for the content of its website.
9. Data Protection
9.1 El Septimo shall only transfer personal data to third parties when necessary for the processing of purchase orders or payments.
9.2 The customer may at any time exercise the right to access, rectify or oppose personal data by sending an email to El Septimo to the following address: firstname.lastname@example.org.
10. Choice of Law and Jurisdiction
10.1 Swiss law, save for its rules of private international law and the United Nations Convention of 11 April 1980 on Contracts for the International Sale of Goods, applies to these GTCs.
10.2 For all disputes arising between El Septimo and the customer, the place of jurisdiction shall be:
- for actions brought by the customer: the court at the domicile or registered office of one of the parties;
- for actions brought by El Septimo: the court at the domicile of the defendant.
10.3 El Septimo reserves the right to amend these GTCs at any time. Amendments shall be published on El Septimo’s website and become effective at the time of their publication.
These GTCs are effective as of 22 August 2019.
El Septimo Geneva SA
Rue de Rive 8