Terms and Conditions
1. Scope
These Terms and Conditions of Sale (hereinafter the “T&C”) govern all sales, deliveries, and services provided by Quintessence Publicité Sàrl, a company incorporated under Swiss law (hereinafter “Quintessence”), to its customers (hereinafter the “Customer”).
BRANDEDGIFT is a platform and ordering service for promotional items, apparel, and merchandise, operated and offered by Quintessence Publicité Sàrl. Any order placed via the BRANDEDGIFT platform
BRANDEDGIFT is legally concluded with Quintessence Publicité Sàrl. These T&C apply to any order placed with Quintessence, whether via the BRANDEDGIFT platform or through any other channel (quote, email, direct order).
Swiss law, and in particular the Swiss Code of Obligations (CO), applies in addition.
Any order implies the Customer’s full, complete, and unreserved acceptance of these T&C.
2. Prices and Payment Terms
All prices listed are in Swiss francs (CHF) and do not include tax (excl. tax).
Applicable VAT and shipping costs are calculated and added during the ordering process. Quintessence reserves the right to change its prices at any time until the order has been definitively confirmed.
Unless otherwise agreed, all orders must be paid in full in advance, either by credit card or bank transfer.
For any order totaling less than CHF 290, a flat administrative fee of CHF 39 is automatically charged.
3. Orders – Modification – Cancellation
Once confirmed, an order is final and irrevocable for the Customer, unless Quintessence has given prior written consent.
In exceptional cases, and only if the manufacturing, customization, printing, or supplier ordering process has not yet begun, Quintessence may accept a cancellation or modification.
In such cases, a flat administrative fee of CHF 100 will be charged.
4. Manufacturing tolerances and technical considerations
Due to technical reasons related to manufacturing, customization, and packaging processes, quantity variations of ±10% may occur for certain items.
The actual quantity delivered is final and will be billed.
Due to the nature of the substrates, inks, and printing techniques, slight variations in color may occur. These variations are inherent to the production process and do not constitute grounds for a claim.
5. Responsibility – Limitation
Quintessence reserves the right to cancel an order if it is unable to fulfill it, without this giving rise to any right to compensation.
Quintessence shall in no event be liable for indirect or consequential damages, including:
• loss of revenue or profits
• loss of business or contracts
• loss of data or time
• damage to reputation
• loss of opportunity or emotional distress.
6. Force majeure
In the event of a force majeure event that prevents the full or partial fulfillment of the order, Quintessence will notify the Customer within fifteen (15) days.
The following, in particular, are considered force majeure events: strikes, lockouts, riots, civil unrest, wars, epidemics, severe weather, fires, floods, transportation accidents or delays, shortages, government restrictions, computer or telecommunications failures, as well as any event beyond the control of the parties.
The parties’ obligations are suspended for the duration of the force majeure event, without compensation.
If the situation persists for more than three (3) months, either party may cancel the order in question without compensation.
The Customer’s failure to pay cannot under any circumstances be justified by a force majeure event.
7. Delivery – Shipping – Risks
The goods are transported at the Customer’s risk, even in the case of free delivery.
Unless otherwise agreed in writing, deliveries within Switzerland are made in accordance with the CPT Incoterm (current Incoterms).
In certain specific cases, delivery may be made on an EXW (Ex Works) basis upon prior written agreement, including for goods picked up by the Customer.
Insurance covering transport risks is the sole responsibility of the Customer.
Quintessence assumes no liability for any damage occurring during transport.
8. Retention of title
The delivered goods remain the exclusive property of Quintessence until the agreed price has been paid in full.
The Customer expressly acknowledges this retention of title and authorizes Quintessence to take any steps necessary to protect its rights.
9. Complaints
The Customer is required to inspect the goods immediately upon receipt.
Any claim must be submitted in writing within ten (10) days of delivery. Under no circumstances may the claim exceed the amount of the relevant invoice.
For defects that cannot be detected during a routine inspection, the complaint must be submitted in writing as soon as they are discovered, but no later than twenty (20) days after delivery, provided that the goods have not been altered in any way and that the Customer preserves Quintessence’s rights of recourse against its suppliers. Any other claims are expressly excluded.
10. Compensation
Quintessence’s claims arising from this contract may not be offset against any other claims.
11. Governing Law and Jurisdiction
These Terms and Conditions are governed exclusively by Swiss law.
Any dispute arising from their interpretation or enforcement shall be subject to the exclusive jurisdiction of the courts of the Canton of Valais/Wallis.