General Terms & Conditions
(1) The website on-my-way.ch has been developed and is operated by On My Way SA (registered with the Canton of Vaud trade register, Switzerland, under number (IDE/UID) CHE-342.266.887).
(2) For business relations between On My Way SA (hereafter "we" and "us"), on the one part, and order creators (hereafter "you"), on the other part, the following General Terms & Conditions of Sale in the version valid at the time the order is placed apply exclusively (hereafter "GTCS"). We do not accept any different terms & conditions you may hold. You may print or save these General Terms & Conditions of Sale, it being stipulated that the saving and printing of this document is your sole responsibility.
(3) We reserve the right to add to, amend or cancel the GTCS at any time.
2. SERVICES AND EXECUTION
(1) We treat the items entrusted to us as per the care instructions on the label and with respect for requirements in terms of safety and protection of the environment.
(2) We ensure the quality of all the services necessary for the care of garments:
- Prior professional analysis of garments with examination of any specific stains and assessment of the likely efficacy of cleaning.
- Stain removal if necessary with application of specific reagents and pre-treatment of garments, if appropriate, using suitable tools and on a special spotting table.
- Machine cleaning (dry or wet) as per the care instructions on the label using regularly maintained equipment.
- Hand finishing on equipment in good condition with a dedicated pressing/ironing sequence for each type of garment.
3. OFFER AND CONTRACT CONCLUSION
(1) By placing your order online exclusively and clicking on the "Buy" button, you make a legally binding offer to conclude a contract which we accept by (full or partial) collecting your items and/or (full or partial) shipping of the merchandise without any other confirmation on our part.
(2) The conditions you indicated and chose determine the scope and execution of the order. The contract is effective under the applicable conditions (price, quantity, shipping costs, drop-off and pick-up costs, voucher, gift token) in the corresponding offer.
(3) If the amount of the order determined by you turns out not to conform with the items we actually treat, we will contact you and proceed to issue a credit note (in the form of an On My Way voucher) if the difference is in your favour, or we will require additional payment if the difference is in our favour. In this latter case, the items will only be returned to you once the additional payment is made.
(4) We do not impose any minimum order amount.
4. RIGHT OF CANCELLATION / MODIFICATION
(1) We accept cancellation/modification of a cleaning order only if this cancellation/modification occurs prior to the laundry pick-up and at least 24h in avance for the home pick-up/delivery service.
(2) We accept returns for any reasons within 10 days from the shipping date for items in the Carry bags and Accessories categories that you will find on our website.
(3) To exercise your right of return in accordance with Articles 4.1 and 4.2, you must email us at email@example.com or phone +41 21 / 622 00 22 between 09.00 and 17.00 Monday to Friday and to agree the return/refund procedures with us. We refund your payment (excluding custom duties, taxes and other expenses). In the case of return, any freight charges will be invoiced to you. Refund of the purchase price is made in the same manner as the initial payment.
(4) In the case of a return request as per Article 4.2, you must return the items to us intact and in their original packaging. On condition that the item concerned is returned to us as per Article 4.2 and received by us in perfect condition without signs of wear, we will refund you the price paid for the returned products.
(5) The other items, services or service provisions sold on our site are non-refundable.
(1) Prices are given in Swiss Francs (CHF) including VAT and are valid at the time the order is confirmed.
(2) Deliveries are only made against payment by one of the accepted means of payment such as Visa and MasterCard, as well as PayPal. Swiss customers may also pay by Postcard. An overcharge may apply based on the mean of payment.
(3) If the correspondence address is in a country other than Switzerland, import duties and VAT charges applicable in the country concerned are payable by you.
6. PAYMENT FOR YOUR ORDERS
(1) To pay for your order, you may choose any of the forms of payment mentioned on the online order form. You warrant to us that you have the necessary authorisations to use the chosen payment method, on confirmation of the order.
(2) Data is encrypted using proven SSL technology. Each transaction is authorised and verified online by the competent credit card company. It is not possible to use credit cards that are blocked or tampered with.
(3) We reserve the right to suspend any order processing, acceptance and/or treatment if payment authorisation by card is rejected by the competent credit card company or in the case of non-payment for the order.
(4) The order will be recorded and confirmed on acceptance of the payment by your chosen payment system. Your order will be confirmed and your card debited at the time the order is confirmed automatically. Payment for an order is made exclusively on the website www.on-my-way.ch. Payment cannot be made at our partner drop-off/pick-up points.
7. VOUCHERS, CREDITS AND GIFT TOKENS
(1) Vouchers, credits and gift tokens are valid in accordance with the conditions published and communicated by On My Way. They can only be used for orders on our website. We will not provide any refund or exchange in kind for these.
8. GARMENT RETURN TIME
(1)Your clean garments are returned to you within a time period of 3 to 4 days (working days Monday to Friday) from the pick-up of your soiled laundry by On My Way. The return time varies depending on the drop-off day and time as well as on the logistic model you have chosen.
(2) We do our utmost to respect these time periods and to return your clean items as promptly as possible. Nevertheless, this non-contractual time depends in particular but not only on the actual drop-off day of your soiled items after ordering, the condition of the garments and conformity of the amount paid on ordering with the garments that have actually been treated.
(3) Late return does not confer any right to claim damages.
(4) No Show Fee for the home pick-up and delivery service : we are invoicing a No Show Fee for failed pick-up or delivery to the customer due to the customer's absence, or because we couldn't pick-up or deliver as specified by the customer. In these situations and when in contract with you to set up a retry, you always have the alternative choice to use for free the On My Way network of points of collect for drop-off and/or pick-up.
(5) Your garments can only be returned to you at the partner drop-off/pick-up point on presentation of a personal identification document such as an On My Way member card, driving licence or identity card.
(6) If you cannot pick up your garments personally at the partner drop-off/pick-up point, you can give a copy of the invoice or a proxy to a third party who must present it to the personnel at the drop-off-pick-up point so that the garments can be identified beyond doubt. We reserve the right to retain your garments if there is any doubt as to the identity of the person who claims them at the partner drop-off/pick-up point.
(7) To ensure a quality procedure, clean items must be picked up from your chosen partner drop-off/pick-up point within 3 days from receipt of your notification informing you that your clean items are available at the chosen drop-off/pick-up point. Beyond this time period, we reserve the right to remove your garments and place them in an On My Way storage location. We will ask you to contact us by email or phone to arrange for return of the said garments at your earliest convenience.
(8) Beyond a time period of 6 months from the first notification informing you that your clean items are available to you at your chosen partner drop-off/pick-up point and if they have not been claimed, we will dispose of them as we wish without any requirement to compensate you.
(9) If the cleaning assignment cannot be executed the items are returned as is.
9. AVAILABILITY OF ITEMS AND DELIVERY (CARRY BAGS AND ACCESSORIES CATEGORIES ONLY)
(1) Item orders (except the welcome kit and initial carry bag) will be executed no later than within 5 working days for any product in stock, from the day after the date on which you placed your order. In the case of unavailability of a product ordered, in particular due to our suppliers, you will be informed of this as early as possible and will have the opportunity to cancel your order. The purchaser may request a refund of the amounts paid.
(2) All items ordered on the website www.on-my-way.ch for delivery to customers whose correspondence address is in Switzerland are shipped free of charge. If the correspondence address is outside Switzerland, delivery charges are invoiced to you. These shipments relate, but not exclusively, to welcome kits, carry bags, laundry bags and various communications from us.
(3) In the case of error in the wording of the recipient's address or an unclaimed package, On My Way shall not be held liable for impossibility of delivery.
10. FORCE MAJEURE
(1) We will not have failed to honour our contractual obligations when execution is hindered, delayed or prevented by an act of God or force majeure. The following shall be considered as an act of God or case of force majeure: any fact or circumstance that is unpreventable, external to On My Way, unforeseeable, inevitable, beyond our control and which could not be avoided by the latter, despite all possible reasonable efforts.
(2) In the case of force majeure we will inform the customer within 5 days from the date on which we become aware of the case. The two parties will then consult together, within a time period of 10 days, except if this is impossible due to the case of force majeure, to examine the impact of the event and agree on the conditions under which execution of the contract will continue.
(3) The following are expressly considered cases of force majeure or acts of God, in addition to those normally determined by case law: blocking of means of transport or supplies, earthquakes, fires, storms, flooding, lightening, interruption of telecommunication networks or difficulties specific to telecommunications networks external to customers.
(1) We are absolved from any liability except for gross negligence.
(2) Our liability is only incurred in the case of a complaint if the item to be treated tolerates the cleaning process recommended on the care label. If the label is missing, we use our professional judgement and assess the cleaning process to be used according to the intended use of the garment provided to us. In the absence of a care label, we expressly decline any liability.
(3) Despite the simple professional check made on receipt of the garments, we cannot be held liable for any damage due to unidentifiable properties or undetectable faults such as insufficient strength of fabric or seams, poor colour fastness or print fastness, damaged buttons, buckles, zip fasteners, shoulder pads. Liability for shrinkage or changes in fabric colour within standard tolerances is excluded.
(4) The need for a special treatment must be made clear, especially in the case of easily recognisable delicate properties of a fabric or instances of soiling requiring special treatment. The care symbol and/or care instructions on the garment label are determining factors.
(5) We reserve the right to raise reservations on receipt of items to be treated (reservation notices) and to return the said items to you untreated. For example, if a garment appears too dilapidated and cleaning it could cause damage.
(6) Guaranteed success on our part is excluded.
(7) Provided that no conflicting statement has been made above, any other right of the order creator – on any legal grounds whatsoever – is excluded. In particular we cannot be held liable for damage not caused to the subject of the order itself; in particular, loss of earnings or any other material loss, direct or indirect, incurred by the order creator.
(1) Complaints must be made to us immediately by email (firstname.lastname@example.org) or by phone on +41 21 / 622 00 22 between 09.00 and 17.00 Mondays to Fridays. If complaints are not made immediately, we reserve the right not to take them into consideration, without any liability on our part being incurred. Any complaint made at a partner drop-off/pick-up point will not be accepted or considered valid.
(2) Complaints are carefully examined and give rise to a reasoned standpoint or explanation. The procedure to be followed (subsequent professional treatment, submission of the item to the joint body for the settlement of disputes for expert assessment and arbitration, etc.) will be determined if possible in agreement with you.
(3) In Switzerland, damage in the area of textile care is not insurable. In the event of damage caused to the garments or in the event of loss for which we are liable, you will be compensated based on the table of current depreciation values for the items but not exceeding CHF 300 per case. Any compensation in kind is excluded.
13. APPLICABLE LAW
(1) These GTCS and the contracts concluded on the basis of these GTCS are subject to Swiss law except for buyers' rights according to the UN (CISG). The place of jurisdiction is Lausanne. We reserve the right to take action at the competent court for your residence or head office if you are a company.
(2) In the event of dispute, your first priority is to approach On My Way to find an amicable solution.
(3) In the event that individual provisions of these General Terms & Conditions of Sale should be invalid entirely or in part, the validity of the other provisions is not affected. Entirely or partially invalid provisions are to be replaced by provisions with content as close as possible to the provisions that became invalid.
14. ORIGINAL TEXT
(1) The General Terms & Conditions of Sale are written in French and English. In case of contradiction, the French version is the binding version.
On My Way SA – Version October 2016