The use of the Website is reserved to adults entitled to undersign contracts, according to Swiss law. Any person accessing the Website is considered to be a User, whenever browsing through it, using one of its functionalities, or placing an order with Yourneeds.
SCOPE AND USE OF THE SITE
The Website allows the User to request Yourneeds the delivery of a product or the provision of a service by SMS. To this end, Yourneeds acts as an intermediary between the User and the vendor/service provider. Consequently, the User remains responsible for undertaking any verification considered necessary, prior to the purchase of products or services through Yourneeds.
Given Internet’s specificities, Yourneeds does not guarantee any continuity in the provision of services, and remains only under an obligation of means. Yourneeds’ cannot be held responsible for any damage caused by the temporary inaccessibility of services offered by the Website.
Given Internet’s features, the User namely accepts that it is impossible to fully guarantee the protection of data transmitted through Internet by the User. Thereby, Yourneeds cannot be held responsible in case of data security breaches jeopardising security and data protection. Users are aware of the risks linked to the communication of their personal data. Yourneeds nevertheless ensures personal data security in compliance with Swiss legislation. The User is aware that, generally and at present state of the art technique, whenever personal information is transferred online, it is at risk of being gathered and used by third parties. Consequently the User discharges Yourneeds from any liability or damaging effects, which could derive from the use by third parties of information exchanged through communication tools offered on the Website (namely advices).
Information on the Website can be modified at any time and without any prior notice, in view of the interactivity of the Website, without it engaging the responsibility of Yourneeds.
Yourneeds provides its services exclusively to residents of Switzerland. Products are dispatched only to the Canton of Geneva. For deliveries outside this area please send a message to [email@example.com].
LIABILITY OF YOURNEEDS
The entire liability of Yourneeds and of its partners concerning any loss, negligence or error, in the provision of their services, will be limited to the amounts transferred for the services questioned, regardless of the nature of the complaint (interests and fees included), of the number of actions undertaken, of the reasons evoked, and of the parties involved in the litigation. Yourneeds cannot be held liable neither for indirect damages, profit loss, missed opportunities and expected benefits, nor for any financial consequences, which could derive from any action brought against the User by third parties.
- Yourneeds shall never be held responsible in the cases listed below:
- following interruption or shortage of products or services;
- for facts and data beyond Yourneeds’ services and/or their extension;
- following incorrect implementation or lack of consideration of the service provider’s recommendations or provisions.
This clause will not apply to a liability, which cannot be limited or excluded by law.
DELIVERED PRODUCTS GUARANTEE
Only the vendor or the manufacturer of a product ordered via SMS guarantees its conformity to the User. Yourneeds expressly excludes any warranty.
The User will also need to choose and provide an address as well as his/her bank details.
The order is confirmed, and the payment card debited, only upon acceptance by the User on the price of the product or service requested. The User then receives an SMS by Yourneeds, with the order confirmation.
Yourneeds reserves the right to block any order placed by the User in case of payment failure, wrong address or other issues related to the User’s account, until the problem is resolved.
Should there be a shortage of products or should it be impossible to provide a service, the User will be notified via SMS.
The User is informed that products and services can be purchased within the limits of their availability. Shortages of products or services cannot give rise to any compensation. More generally, the User accepts and recognises that the effectiveness of services is not guaranteed by Yourneeds.
Considering the large number of requests made through the Website, unless the service or the product can be provided and delivered immediately, the User will be put on a waiting list and attended according to:
- the level of complexity of the order
- the availability of the products ordered
The User is aware and accepts that any personal data – last name, first name, e-mail, telephone, title, address – can be shared with Yourneeds, the delivery entity, the vendor or the service provider.
In case of fraudulent use of the bank card, and once known, the User will be invited to contact Yourneeds at [firstname.lastname@example.org].
The acceptance of all orders, together with the summary, is confirmed by Yourneeds to the User via SMS.
Access and registration on the Website are free. Yourneeds reserves its right to enforce paid registrations and to modify their prices further.
Prices of products and services ordered will be communicated to the Users once their orders have been placed via SMS. Users are debited once they have expressly agreed with the product or service ordered and its corresponding price. All prices indicated in the SMS messages are relative to the order placed and include any additional services by Yourneeds, including delivery, preparation and/or packaging, or any VAT applicable on the date of the order. Yourneeds rates can vary, based on time of order, location of the User and availability of delivery services.
The entire payment of the price is required and has to be transferred when the order is made. Sums transferred will never be considered as deposits or advance payments.
Should one or more taxes or contributions came to be added or modified, producing either an increase or a reduction of the cost, this change could affect de sale price of the products.
Any product or service ordered will be paid for directly on the Website through its stripe system, upon confirmation by the User.
Any invoice request needs to be addressed directly via the Website.
In order to ensure transactions’ security and to prevent potential on-line frauds, Yourneeds may undertake checks on the orders. While undertaking such verifications, Yourneeds may ask the User to send, by fax or email, a copy of proof of identity as well as a proof of residence. Yourneeds will confirm the order upon reception and review of the documents requested.
Yourneeds reserves the right to interrupt management and delivery of any order in case of rejection of payment authorisation by officially accredited bodies, or in case of non-payment or litigation relative to present or previous orders by the User.
When creating an account, the User register his mobile number and can register his credit card in a secure and confidential way. The User is aware of the need to be alerted in order to prevent unauthorised use by third parties of its SMS network. In case of loss or theft of its mobile telephone, the User commits to contact Yourneeds, as soon as possible, through the « Contact » section.
Needs can charge the credit card with Stripe or send a stripe link to the customer for unique payment.
The User is the only person responsible for the use of its mobile phone. All access and use of services undertaken from a User’s account will be considered as undertaken by the User. Any order placed and confirmed through a User’s mobile number will be attributed to the User, who will be charged for the order’s costs.
Yourneeds denies any responsibility linked to both the fraudulent use of any User’s mobile number and any harmful consequences, which may derive from it.
USER DATA PROTECTION
Generally speaking, the User’s personal data is used only in order to allow Yourneeds to manage the User’s orders. Personal data is transmitted or communicated to third parties exclusively in order to treat the order, or after the User has consented to it. Personal data may be communicated to third parties whenever the legislation or a judiciary injunction requires it, or in the event of the sale of the activity.
The User’s bank details are not stored by Yourneeds. All transactions are entirely dealt with by stripe.com’s payment services:
185 Berry Street
San Francisco, CA 94107
MEANS OF DELIVERY/ SERVICE EXECUTION
The delivery of any product ordered, and the provision of any services are provided only upon confirmation of payment by Yourneeds’ bank.
An independent transport company chosen by Yourneeds delivers all products ordered. The choice is made on the basis of the size and weight of the products ordered.
Products are delivered to the address indicated in an SMS by the User, who is the only one responsible for its accuracy. Delivery costs of any order returned to Yourneeds, due to wrong or incomplete address, will be charged to the User.
The service is provided to the address indicated by the User, who will ensure its accuracy, on the purchase order. Any displacement of a service provider to a wrong or incomplete address will be billed to the User.
The User will guarantee the service provider’s access to its premises so that the work can be undertaken, also when the User is not personally present on the day the service is to be performed.
A document stating the end of the intervention will be produced at the end of the service execution. The User must declare any irregularities in the service or the conditions of its execution by handwritten reservation with his/her signature. Such examination is considered achieved as soon as the document stating the end of the intervention has been signed either by the User or by a delegated person.
Yourneeds’ undertakings shall be considered as a obligations of means according to which the services or the [goods] shall be provided or delivered in strict compliance with applicable professional standards and, as the case may be, in conformity with the terms of the [order].
In order to facilitate a smooth execution of services and a timely delivery of products, the User commits himself/herself to:
- provide Yourneeds with complete, correct and timely information without requiring Yourneeds to further verify that it is complete and accurate;
- take all decisions and obtain all hierarchical endorsement in time;
- appoint a focal point with decisional power;
- make sure that major stakeholders and the focal point are in place and available for the duration of the service execution;
- inform Yourneeds directly of any difficulties incurred, concerning both service execution or product delivery.
DELIVERY VERIFICATION, GUARANTEE, AND RETURN POLICY
The User must verify the products’ conditions upon delivery in order to determine any related issues. Such verification is considered undertaken once the User, or any other person signing the delivery slip, will have cleared it without expressing any reservations.
In presence of defects, the products ordered are guaranteed by their vendor and/or manufacturer, according to their applicable conditions. It is the User’s responsibility to be aware of the guarantee’s conditions directly through the vendor and/or manufacturer. For the avoidance of doubt, it is specified that only the seller or the manufacturer shall be liable under the warranty, to the exclusion of Yourneeds. In no event shall Yourneeds be considered to guarantee any warranty nor does it offer any warranty whatsoever.
The Purchaser has no right of return on any goods ordered to Yourneeds. All returns will need to be directly made to the vendor and/or manufacturer of the product, according to the applicable conditions.
HEADINGS – TRANSLATION
Should interpretation concerns arise between the headings of clauses and the clauses themselves, the headings will be declared non-existent.
The User will address any dispute or claim primarily to the vendor in the attempt of reaching an amicable settlement. Should an amicable settlement not be reached within 30 days, the more diligent party will initiate the appropriate procedure to be brought before the exclusive competence of the Courts of the Canton of Geneva, subject to appeal to the Federal Court.