These General Terms and Conditions of Sale ("GTC") govern the methods and terms of sale of products marketed by Mesamou SAGL ("Seller"), with its registered office at Piazza Borromini 15, 6816 Bissone, through the website www.titokpleasure.com ("Website"), and constitute a binding contract between the Seller and the Buyer.

By placing an order through the Website, the Buyer fully accepts these terms and conditions.

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1. Definitions

1.1 "Buyer": any individual or legal entity making a purchase through the Website.
1.2 "Product": any goods offered for sale by the Seller through the Website.
1.3 "Contract": the purchase agreement between the Seller and the Buyer, governed by these GTC.

 

 

2. Conclusion of the Contract

2.1 The Contract is considered concluded when the order is confirmed by the Seller, via email to the Buyer. The Seller reserves the right to reject the Buyer's order for legitimate reasons, including but not limited to product availability or verification of payment information.
2.2 The Buyer is required to provide truthful and accurate information during the purchasing process, including personal data and payment information. The Seller will not be responsible for any issues or damages resulting from inaccuracies.

 

 

3. Prices and Payments

3.1 The prices listed on the Website are in CHF (Swiss Francs) and include VAT and any applicable taxes.
3.2 Payment occurs at the time of the order, using the payment methods available on the Website (credit card, bank transfer, etc.). Payment is subject to successful authorization by the selected payment network.
3.3 The Seller reserves the right to change the prices of products at any time, without prior notice. However, the prices applicable to the order are those at the time of order confirmation.

 

 

4. Delivery

4.1 The Seller agrees to ship the products to the address provided by the Buyer at the time of the order. Delivery times are indicative and non-binding.
4.2 Delivery will be made by the courier selected by the Seller. The risks related to shipping are transferred to the Buyer once the product is handed over to the courier.

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5. Right of Withdrawal and Product Returns

5.1 The Buyer has the right to withdraw from the Contract without providing any reason within 14 (fourteen) days from the date of receipt of the products, as provided by Article 21 of the Swiss Federal Consumer Protection Law.
5.2 To exercise the right of withdrawal, the Buyer must send a written communication to the Seller at the email address: info@titokpleasure.com, indicating the intention to withdraw from the Contract and providing order details (order number, product description, date of receipt).
5.3 The returned products must be in new, unused condition, and complete with original packaging, accessories, and documentation. The Buyer is responsible for the costs of returning the products, unless otherwise specified.
5.4 The refund will be made within 14 (fourteen) days from the receipt of the return, using the same payment method employed by the Buyer for the purchase.

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6. Return of Defective, Non-Conforming, or Damaged Products

6.1 In the case of a defective, damaged, or non-conforming product, the Buyer has the right to request either a product replacement or a refund, in accordance with the provisions of the Swiss Code of Obligations (CO), Article 197 and subsequent articles.
6.2 The Buyer must promptly report the defect or damage to the Seller, providing a detailed description of the issue and, if possible, photos/videos of the damaged or defective product.
6.3 If the Seller confirms the defect or damage, they will, at their discretion, either replace the product or refund the Buyer. Return shipping costs will be borne by the Buyer, not the Seller.
6.4 The Seller reserves the right to request additional information from the Buyer to verify the defect or damage and determine its cause.

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7. Liability

7.1 The Seller is not responsible for delays in delivery caused by force majeure events, such as fires, natural disasters, strikes, or malfunctions in transport services.
7.2 The Seller's liability for direct damages resulting from non-performance of the Contract is limited to the price of the product in question.
7.3 The Seller is not responsible for damages resulting from misuse of the products, nor for indirect or consequential damages, including but not limited to loss of profit or opportunity.

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8. Warranties

8.1 The products sold by the Seller are covered by a statutory 2 (two)-year warranty from the date of delivery, as provided by Article 197 CO, which protects consumers against conformity defects.
8.2 The warranty does not apply to products that have been tampered with, damaged by misuse, or defects caused by external agents such as impacts, falls, etc.

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9. Privacy Protection

9.1 The Seller respects the Buyer's privacy and collects and processes personal data in accordance with the Swiss Federal Data Protection Act (LPD) and the EU Regulation 2016/679 (GDPR).
9.2 The personal data provided by the Buyer will be used solely for processing the order and fulfilling contractual obligations. The Buyer has the right to access, correct, or delete their personal data, as provided by applicable regulations.

 

 

10. Jurisdiction and Competent Court

10.1 The Contract is governed by Swiss law, particularly the Swiss Code of Obligations (CO).
10.2 In case of disputes related to the application, interpretation, or execution of this Contract, the exclusive jurisdiction is that of the Court of Lugano, Switzerland, unless the Buyer acts as a consumer under the Consumer Protection Law, in which case the competent court will be that of the Buyer's domicile.

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11. Additional Clauses to Protect the Seller

11.1 Limitation of Liability: The Seller assumes no responsibility for indirect damages, including but not limited to economic or moral damages, loss of data, or damages resulting from the inability to use the Website or purchased products.
11.2 Indemnity: The Buyer agrees to indemnify and hold the Seller harmless from any damage, loss, cost, or liability arising from third-party claims caused by the improper use of the purchased products or a violation of these GTC.
11.3 Exclusion of Third-Party Rights: These GTC are intended exclusively to take effect between the Seller and the Buyer. No provisions of these terms confer rights to third parties.

 

 

12. Modifications to the General Terms

12.1 The Seller reserves the right to modify these GTC at any time. Modifications will be effective from the date of publication on the Website, unless otherwise specified for orders already placed.
12.2 The Buyer is required to review the updated GTC before making each purchase.

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13. Final Clauses

13.1 These GTC constitute the entire agreement between the parties concerning the subject of the Contract and replace any prior written or oral agreement between the Seller and the Buyer.
13.2 If one or more provisions of these GTC are declared null or ineffective, the remaining provisions shall remain fully valid and effective.

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Last updated: 27.03.2025