GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale (“GTCS”) shall apply to all orders placed by the customer (the “Customer”) with MyGift Sàrl (“MyGift”). MyGift reserves the right to amend these GTC at any time and shall inform the Customer accordingly.

Acceptance of the GCS: The Customer confirms that he/she has read the GCS and accepts them. In the event of any contradiction between the offer and the GCS, the offer shall prevail.
Offer: all MyGift offers are valid for a maximum of 1 month, unless a shorter period is stated on the offer itself.

Order: All orders placed by the Customer shall become firm and final upon signature of the MyGift offer. Thereafter, orders may no longer be modified or cancelled.
Terms of payment: For all orders over CHF 15,000.00, MyGift reserves the right to request a deposit of 50% upon signature of the offer, with the remaining 50% to be paid within 30 days of receipt of the order. The terms of payment for the first order are cash for 100% of the order, including taxes. Payments must be made by bank transfer only. MyGift does not grant discounts for early payment. The price excluding VAT shall be increased by the VAT applicable on the date of invoice (if applicable).
Over-deliveries and under-deliveries: Over-deliveries and under-deliveries by a margin of 10% are customary in the industry and are accepted by the Customer. You will only be invoiced for the actual quantity delivered.
Electronic invoicing: you agree to receive invoices for your purchases electronically. Electronic invoices will be sent to you in “.pdf” format to the e-mail address you provide when you place your order or to the contact e-mail address if you have not provided a specific billing address.
Interest on arrears: In accordance with Article 104 of the Swiss Code of Obligations, MyGift reserves the right to increase the price in the event of non-compliance with the terms of payment: 5%/year from 10 days of non-payment, then 10%/year from 20 days of non-payment. The Customer shall owe this late payment interest by operation of law, without the need for any kind of reminder or formal notice. The Customer will also automatically be liable for the costs of reminders, collection and legal proceedings that may be added to the late payment interest.
Transport and delivery: Unless otherwise specified in the offer, transport and delivery of orders in Switzerland or abroad shall be at the Customer’s sole expense and risk. Consequently, MyGift shall not be liable for any delay or damage during transport and delivery.
Deliveries outside Switzerland: When you order products from MyGift for delivery outside Switzerland, you may be subject to import duties and taxes that are levied when the order reaches its destination. In addition, any additional customs clearance fees and taxes shall be your sole responsibility; MyGift has no control over such fees and taxes. Furthermore, please note that when you place an order with MyGift, you are considered the importer of record and must comply with all laws and regulations of the country in which you receive the order. International customers should be aware that cross-border deliveries may be opened and inspected by customs authorities.
Logistics and quality: Your logistics and quality requirements must be specified to us prior to signing the offer. Failure to do so may result in additional costs and MyGift reserves the right to refuse to meet these requirements. If all or part of the delivery address proves to be incorrect, MyGift shall not be held liable for any delay in the delivery of the ordered product and the consequences on the condition of the products received by the recipient, in particular in the case of plants or food products (chocolate, sweets, etc.) for example.
Delivery times: We inform you of the delivery times for orders by email or via our price offer, depending on the products (working days, for information only and without obligation). Our product offers are subject to availability. Indications of product availability are provided when the offer is signed. If products are not available after the offer has been signed, we will inform you as soon as possible. You may then ask for your order to be cancelled or exchanged. If the Customer has an imperative delivery date, this information must be received by us as soon as possible and must be mentioned on the offer itself. MyGift shall not be liable for any delay in delivery, and the direct and indirect consequences thereof, if the maximum ex-works date stipulated at the time the order was placed has been complied with. In the event of force majeure (i.e. any event beyond the control of MyGift such as goods being held up in customs, bad weather, overturned lorries, etc.), MyGift shall not be liable for any delay in delivery or non-delivery and shall not be liable to pay any compensation therefor.
Delivery address: It is hereby specified that if all or part of the delivery address is incorrect, MyGift shall not be held liable for any delay in the delivery of the order and the consequences for the condition of the products received by the recipient. MyGift shall not be liable for any compensation in this respect.
Production of the Customer’s order: MyGift may have its graphic designers vectorise the Customer’s logo. This service shall be invoiced at CHF 250.00 exclusive of VAT in addition to the order price stated in the quotation. If the logo is to be created by MyGift, this service shall be invoiced at CHF 550.00 exclusive of VAT in addition to the order price stated in the quotation. If the Customer requests the creation of a specific design for a product or packaging, the fee shall be calculated on the basis of the number of hours spent by MyGift to create the requested design. Under no circumstances shall MyGift hold any material or intellectual property rights to the vectorisation or creation of the logo; the Customer shall remain the sole owner of the rights to its logo. In the event of legal proceedings or claims by a third party in respect of the aforementioned material and intellectual property, the Customer undertakes to make the necessary changes to remove the disputed elements and to replace them with non-disputed elements. MyGift shall in no event be liable in the event of legal action or claims by a third party in respect of material and intellectual property, logos supplied by the Customer, photos supplied by the Customer or texts written by the Customer. The Customer shall fully indemnify MyGift in respect of any claims or proceedings brought against MyGift by third parties.
Variations to products ordered: The products offered by MyGift may be marked. Slight variations in colour, appearance or positioning may not under any circumstances result in the refusal to accept the order or the payment stipulated in the quotation. The cost of marking is indicated in the price quotation and in the offer, as well as on the acknowledgement of receipt of the order. Branding is subject to technical constraints: it may not be possible to produce your logo as you wish. We will send you a print proof based on the vectorised AI file supplied by you, for validation. The Pantone standard is required for spot colours and may express variations in results depending on the marking technique used, the percentage of four-colour process colours (Cyan, Magenta, Yellow, Black), the material and colour of the substrate, the marking surface, etc. The signing of the print order, in file format, is entirely the responsibility of the Customer. MyGift shall not be held liable for any changes not requested prior to production (font, colours, PANTONE, position, quantity, marking technique, logos, marking size, appearance of marking, etc.).
Samples: Any sample ordered will be invoiced at the base rate, plus shipping costs. Samples cannot be returned or exchanged. The price of the sample of the product reference ordered may be deducted from your final order. Samples are payable on receipt of the order confirmation.
Prototype: A product proof (prototype) can be produced by agreement and at the current price. In the event of a subsequent order, the price of the prototype will be deducted from the amount of this order.
MyGift” trademark: MyGift is a registered and protected trademark. Any reproduction or copy of our creations and trademarks must be subject to prior written agreement from MyGift.
Complaints: Any complaint regarding the products delivered must be made by e-mail within a maximum of 3 days of delivery, failing which the products shall be deemed to have been duly accepted by the Customer. No return or replacement of products shall be accepted without prior agreement by e-mail from MyGift. In its complaint, the Customer shall provide the following information: the delivery note or invoice number, the product reference and quantity and the exact reason for the complaint. MyGift shall then decide on the claim and inform the Customer of its decision.

MyGift’s liability: MyGift’s liability shall be limited to intent or gross negligence. In this context, MyGift shall only be liable for direct damages, to the exclusion of any other damages (indirect, punitive, economic, etc.) suffered by the Customer.
Data protection: MyGift shall process the data of the Customer and its employees in accordance with Swiss and European legal provisions. By accepting these GTC, the Customer consents to MyGift processing and storing the data required to fulfil its legal and contractual obligations. The Customer confirms that it has informed its employees and obtained their consent to the processing of their personal data by MyGift. For the rest, the Customer is invited to read MyGift’s Data Protection Policy available on the company’s website.
Execution of orders: The Customer expressly accepts that MyGift may use subcontractors, in Switzerland or abroad, to execute all or part of the products or services requested. The Customer hereby accepts that MyGift may transmit to its subcontractors the information necessary to fulfill the Customer’s order (design, logo, first name, etc.). It is specified that the use of information communicated by the Customer will be limited to the completion of the order.
Language of the GCS: These GCS are written in French and translated into English. In the event of any contradiction between the two versions, the French version shall prevail.

Applicable law and place of jurisdiction: The relationship between MyGift and the Customer shall be governed solely by Swiss law, to the exclusion of the rules of private international law. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Convention) shall not apply to the relationship between MyGift and the Customer. The ordinary courts of Geneva shall have exclusive jurisdiction to settle any dispute between MyGift and the Customer; recourse to the Federal Court shall remain reserved.

Terms and conditions – March 2024 version