Terms of service

 1. Definitions

In the Terms of Service, the following words and expressions shall have the meanings defined below:

  •          Terms of Service: these general conditions of sale
  •          Site: the website www.opian.ch
  •          Buyer: any person acquiring the goods through the Site
  •          Visitor: any person visiting the Site
  •          Days: the days of the week including days, weekends and holidays
  •          CO: Swiss Code of Obligations of 30 March 1911, in its content at the date of the latest version of the Terms of Service
2. Generalities

Opian is a "entreprise individuelle" owned by Chloé Masson established in Nyon, Switzerland.

3. General conditions

3.1  The Terms of Service govern the contractual relationship and are an integral part of the contract between "Opian - Chloé Masson" one hand, and the Buyer on the other.

3.2  By placing an order via the Site, the Buyer declares not being banned or under guardianship and acknowledges having read, understood and accepted without reservation the Terms and Conditions. The consent of the legal representative is required for minors. People under guardianship must require the consent of their guardian or the guardianship authority. If the buyers disagree with the Terms, the Buyer may not order via the Site.

3.3  "Opian - Chloé Masson" reserves the right to change the Terms of Service at any time without notice by posting a new version of the Terms of Service on the Site that replaces the existing version. Any order placed after the publication of a new version of the Terms of Service by Opian constitutes acceptance of this new version.

4. Order

4.1  All products presented on the Site is only a tender. By placing an order on the Site, the Buyer declares making an offer to "Opian - Chloé Masson" to buy the selected goods. The sale will be accepted once "Opian - Chloé Masson" sends an order confirmation to the Buyer by email to the address that was given us.

4.2  "Opian - Chloé Masson" reserves the right, in its unfettered discretion, to refuse service, especially in case of insufficient stocks, unpaid invoices or insolvency.

4.3  The data recorded by the payment system constitute irrefutable proof of the order and financial transactions.

4.4  Any modification or cancellation of the order made by the Buyer shall be disregarded and the price paid will not be refunded.

4.5  It is the Buyer’s obligation to check with the relevant authorities as to possible limitations on the products they wish to order.

5. Price

5.1  Prices are in Swiss francs (CHF). The amounts expressed in other currencies are only a guideline. Prices do not include any additional taxes that may be required by applicable law.

5.2  The price shown does not include participation in shipping costs, they are charged extra and indicated at the time of the order confirmation.

5.3  The price indicated on the order confirmation is authentic.

5.4  Prices may be changed at any time without notice.

5.5  The payment methods accepted by "Opian - Chloé Masson" are exclusively those indicated on the Site.

5.6  "Opian - Chloé Masson" takes care that all prices listed on the Site are accurate, but cannot guarantee the absolute absence of error. If an error should occur in the price of an item, "Opian - Chloé Masson" gives the Buyer the option to confirm the purchase of the product at the correct price or cancel the order. If Opian is unable to contact the Buyer, the order will be cancelled.

6. Delivery and transfer of risk

6.1  "Opian - Chloé Masson" sends goods in the whole world.

6.2  Sewing patterns in PDF format (digital) offered for sale on the Site are not subject to physical delivery. Once the order has been validated and payment has been received, the digital product will be automatically and immediately sent by e-mail to the Buyer. The latter will receive an e-mail to the e-mail address provided when ordering. The Buyer is invited to check the spam folder where the email can sometimes arrive. This email contains a downloadable link. It is up to the Buyer to click on the link and save the ZIP file on he/her personal computer. Links cannot be downloaded on mobile phones and/or tablets. They should be downloaded to a computer. Then, the Buyer can transfer the file to a personal device.

6.3  Any physical order confirmed by "Opian - Chloé Masson" after receipt of payment will be processed as soon as possible. Delivery will be made at the address specified by the Buyer when ordering.

6.4  The information given by the Buyer when ordering bounds the Buyer: if an error occurs in the recipient's details, "Opian - Chloé Masson" cannot be held responsible for failure of delivering the product and costs related to a new shipment are borne by the Buyer.

6.5  Delivery fees are charged according to the indications mentioned on the Site on the day of the order.

6.6  Given the exorbitant shipping costs, "Opian - Chloé Masson" does not issue tracking number.

6.7  Delivery is at the sole expense and risk of the Buyer through Swiss Post. Delivery times can vary between two (2) and twenty (20) days depending on the Buyer’s location.

6.8  The Buyer is informed that any additional costs (taxes, royalties and other tariffs) requested by local postal services to take possession of the physical goods, are at the buyer charge.

7. Error of expedition

7.1  The Buyer must check immediately, upon receipt, the physical goods delivered.

7.2  If the delivered physical goods do not correspond, in kind or in number, to the ordered goods, it can be a shipping error. The Buyer has a period of three (3) days to report the error to "Opian - Chloé Masson".

7.3  If shipping error attributable to "Opian - Chloé Masson", return costs borne by the Buyer and shipping of the goods ordered are chargeable to "Opian - Chloé Masson".

8. Defect and warranty

8.1  The Buyer must verify the state of the physical goods upon delivery. If he/she finds a defect, the Buyer shall notify "Opian - Chloé Masson" within five (5) days from the delivery date.

8.2  Despite the care taken by Opian during a photo shooting, colour differences may appear between the pictures of the items shown on the website and the delivered physical products, which cannot give rise to claims.

8.3  The goods ordered on the Site is guaranteed by "Opian - Chloé Masson", and will replace the item or correct it if feasible. Opian undertakes to provide after sales service for a period of six months after the purchase for any corrections that such a loose button.

9. Exchanges and refunds

9.1  Sewing patterns in PDF format (digital) offered for sale on the Site are not refundable given the nature of the product. The right of withdrawal is not applicable since the Buyer will have received the digital product by e-mail immediately and automatically after the order. Cancellation and refund of the digital order are therefore not accepted.

9.2  Any order of physical goods paid can be cancelled by the Buyer before its preparation. The paid order by card implies cancelling costs. The costs are 3% of the total order amount + CHF 3.-.

9.3  If the Buyer is not satisfied with the physical goods that he/she ordered on the site, he/she has a period of fourteen (14) days, from the date of delivery, to return them to "Opian - Chloé Masson". The date of dispatch by the Buyer of the returned goods is authentic to determine if the deadline was met. After this period, the Buyer has no right to return.

9.4  This right may be exercised only if the physical goods have not been used (new, fit for resale). The goods must be returned in its original packaging, not opened and accompanied by all of its documentation and all possible accessories. A copy of the invoice must be enclosed with the shipment on which the returned products must be clearly stated.

9.5  When a return is made in the manner indicated, "Opian - Chloé Masson" refund the Buyer the price of the goods returned within a maximum of thirty (30) days from the date of receipt by Opian of the returned physical lmerchandise. The Buyer pays return shipping.

9.6  When a physical order is returned by the Swiss Post to "Opian - Chloé Masson", the cost of CHF 14.- will be invoiced to the Buyer and he/she will have to provide a correct address. As soon as this amount will be transferred, the physical goods will be sent again to the recipient.

10. Payment and security online payment

10.1Credit card and PayPal payments are due immediately.

10.2"Opian - Chloé Masson" reserves the right to refuse any new order until payment of the full balance due.

10.3Transactions carried out on the Site via PayPal are secured by the PayPal payment system (www.paypal.com). PayPal automatically encrypts confidential data transmitted between your computer and PayPal using SSL (Secure Sockets Layer) with 128-bit encryption key length (the highest level currently available on the market). These data cannot be detected, intercepted or used by third parties. They are not kept on our computer systems.

10.4Transactions carried out on the Site by bank transfer must be transferred using the "Opian - Chloé Masson" IBAN number that the Buyer receives when ordering. The Buyer must indicate his order number sent by email in the "communication" field. The order will be processed upon receipt of payment. If the payment has not arrived on "Opian - Chloé Masson"'s account within 10 working days of the order, it will be cancelled without notice.

10.5Transactions carried out on the Site via PostFinance e-finance are secured by the payment system of PostFinance and Concardis. They are also not stored on our computer systems.

10.6Transactions made by check are not accepted.

11. Confidentiality of information

11.1The buyer consents to his/her personal data beign saved by "Opian - Chloé Masson".

11.2All information provided by the Buyer to "Opian - Chloé Masson" will only be used to process purchase orders, easy browsing and buying items on the Site.

11.3"Opian - Chloé Masson" guarantees that the information provided by customers will not be disclosed to any third party or company.

11.4The Buyer may request by email to info(@)opian.ch that his/her information be erased.

11.5The Buyer who connects to his/her account will generate temporary cookies which will save the connection data.

11.6The Site contains articles which may contain embedded content (eg. videos, images, etc.). This embedded content from other sites behaves as if the Visitor had visited these other sites. These other sites may collect data, use cookies and monitor the Visitor's interaction with this embedded content if the Visitor has an account and is logged in.

11.7The Site uses Google Analytics to track the number of visitors and behaviour. All data is anonymous.

12. Intellectual properties

12.1"Opian - Chloé Masson" holds the intellectual property rights on the Site and the right to display the elements on the catalogue of the online shop, including sewing patterns, photographs and other visual created by us. Consequently, total or even partial reproduction, exploitation and diffusion of the elements of the Site and products, their use and their provision of third parties are strictly prohibited.

12.2 The sewing patterns and tutorials, offered for sale or free consultation, by "Opian - Chloé Masson" are intended for private use only and are protected by copyright and intellectual property.

13. Applicable law, property and place of jurisdiction

13.1These general conditions of sale as well as the contracts concluded in application are governed by Swiss law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

13.2The goods remain the property of "Opian - Chloé Masson" until full payment for the goods.

13.3The competent jurisdiction in the event of a dispute is that of Lausanne in Switzerland.

13.4The language of these general conditions of sale is French. In the event of a dispute, only the French version of these general conditions of sale (GTC) is valid.