Terms of Use
Our company Keep Rock Insane, also referred to herein as “KRI” or “we”.
1. Privacy Policy and Personal Data Protection
In the context of collecting and processing personal data, KRI adheres to Swiss data protection legislation. To learn more, please refer to our Privacy Policy and Data Protection Statement (here), which is an integral part of the Terms of Use.
2. General Terms and Conditions of Sale
The purchase and sale of our products via the KRI Site are governed by the General Terms and Conditions of Sale, which form an integral part of the Terms of Use. (Read below)
3. Accuracy, completeness, and timeliness of information
All information and documentation contained on the Site (as well as on the pages we manage on social networks) are provided for informational purposes only and to promote our products and services. The information and documentation presented do not constitute an offer of products and/or services from us, our partners, or third parties, and should not be considered as advice or instructions on the use of our products and services.
We make every reasonable effort to ensure that the information on the Site (as well as on the pages we manage on social networks) is accurate and complete. However, we disclaim any responsibility if this is not the case. If you rely on this information, it will be at your own risk. You agree that it is your responsibility to keep yourself informed of any changes made to the content of the Site. KRI’s liability is excluded in this regard.
4. Intellectual Property Rights
The copyright and other intellectual property rights concerning the content are owned by KRI or used with permission from the respective owner.
You are permitted to browse the Site and reproduce excerpts by printing or downloading to a hard disk for your personal use or that of your close associates only. This is permissible as long as you respect the copyright notices and other intellectual property indications. For the remainder, no part of the Site is intended to grant you a license or right to use the Content in any way. Any other use of the Content by you is strictly prohibited. In particular, no reproduction of any part of the Site may be sold or distributed for commercial purposes, nor may it be modified or incorporated into any other work, publication, or website.
5. Links to other sites
Links on the Site may direct you outside of our networks and systems, including to the websites of our partners. KRI accepts no responsibility for the content, accuracy, or functionality of these third-party sites. These links are offered in good faith, and KRI cannot be held responsible for the content of third-party sites to which a link is provided. The inclusion of a link to other websites does not imply KRI’s endorsement. We recommend that you carefully read the legal notices and data protection policies of any other sites you visit.
6. Processing Communications to KRI – Email Security
Communications you send to KRI via the Internet will not be considered confidential.
When communicating with us by email, you should be aware that the protection of email messages transmitted over the Internet is not guaranteed. Therefore, by sending important, unencrypted messages via email, you accept the risks associated with this uncertainty.
7. Prohibited Activities
KRI reserves the right to prohibit (e.g., by deleting the relevant content or limiting/prohibiting access to all or part of the Site), without prior notice, any act that we may deem inappropriate and/or that we may consider contrary to law or decency, including (among others) the posting on the Site of content which, in our sole discretion, may be harmful to KRI’s security systems (or those of third parties) or contain insulting, aggressive, defamatory, racist, obscene, threatening, pornographic, illegal/immoral, or otherwise disturbing remarks.
Without prior written consent from KRI, users whose access to the Site has been terminated are not permitted to re-register on the Site, whether under their own name or any other name.
8. No Warranties
Use of the Site is at your own risk.
The Site is provided to you “as is” and “as available”. Therefore, KRI provides no warranties. We do not specifically guarantee that (i) the Site and the products/services offered on it meet your requirements; (ii) the Site and its content are comprehensive, accurate, precise, reliable, up-to-date, and do not infringe on the rights of any third party; (iii) access to the Site will not experience interruption or errors, or is guaranteed to be virus-free; (iv) defects will be corrected; (v) the Site is secure; or (vi) any advice or opinion from KRI through this Site is accurate and reliable.
All information on the Site is subject to change or removal without prior notice.
9. Disclaimer of Liability
To the extent permitted by law, any liability of KRI, its officers, agents, and representatives arising from your access to or use of the site is excluded.
As a condition of your use of the site, you agree to indemnify KRI, as well as its officers, agents, and representatives, from any damages (including legal fees and costs) that may arise from your access to or use of our site.
10. Partial Nullity
Any provision in the Terms of Use that is, in whole or in part, in conflict with Swiss mandatory law shall be severable, and any invalidity, whether in whole or in part, of such provision shall not affect the validity of the remaining portion of the provision or other provisions of the Terms of Use. If any provision of the Terms of Use is found to be ineffective in whole or in part, it shall be replaced by a provision that achieves economic and legal effects as closely as possible to those of the invalidated provision.
11. Miscellaneous
The Terms of Use constitute the entire agreement between KRI and you regarding access to and use of the Site and its Content.
KRI’s tolerance of any failure by you to fulfill any of your obligations under the Terms of Use, or KRI’s failure to enforce a right granted to it by the Terms of Use or by law, shall not be construed as a waiver of KRI’s right to enforce such provisions or rights in the future.
12. Jurisdiction and Applicable Law
The Terms of Use are governed by Swiss law, excluding its rules on conflict of laws.
The exclusive jurisdiction is in Neuchâtel, Switzerland, subject to recourse to the Federal Tribunal.
13. Languages
The Terms of Use are written in French and English. In case of discrepancies, the French version shall prevail.
14. Modifications to the Terms of Use
We reserve the right to modify these Terms of Use at any time. Any substantial changes will be notified through a notice posted on the Keep Rock Insane (KRI) platforms. However, it is your responsibility to stay informed of any changes made.
Corcelles, January 1, 2024.
Terms and Conditions of Sale Keep Rock Insane
These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) apply to all contracts concluded between you, as the customer (hereinafter referred to as “purchaser” or “buyer”), and us, as the operator (hereinafter referred to as “seller,” “Keep Rock Insane,” or “KRI”), of the online store www.keep-rock-insane.com and its other platforms.
As part of the ordering process, you acknowledge the GTC in their version valid at the time of placing your order. To be binding, all oral or telephone agreements must be confirmed in writing. This requirement for written form is also fulfilled when a statement is contained in an email.
Our general terms and conditions are also an integral part of our terms of use.
1. Formation of the Contract
1.1. The presentation of products in the online store is for informational purposes only and does not constitute a legally binding offer. This presentation does not constitute a legally binding offer.
1.2. The offer to conclude a sales contract originates from the customer when, after fully completing the order page, they click on the “order” button. By clicking the “order” button, you express your firm intention to place an order for the goods contained in the cart. Only orders placed through the online store are valid.
1.3. We accept the contract by confirming the order via email that the merchandise has left our warehouse, or at the latest, upon delivery of the merchandise. The contract is formed only for the items explicitly listed on the shipping confirmation.
1.4. The contract is concluded in French language. The data saved by us serves as proof of the conclusion of the contract and the transaction.
1.5. During the ordering process, the customer has the option to print their order and the data they have entered. Furthermore, the customer has the option to create a customer account. Within the customer account, it is possible to view order details after entering the personal login credentials. Keep Rock Insane reserves the right to block customer accounts at its own discretion and without providing reasons.
2. Prices and Purchase Conditions
All prices are net prices in Swiss Francs (CHF), including VAT, valid at the time of the order. We reserve the right to modify the prices or the general terms of sale indicated on our website; the reference day being the day of the order.
No claim for a subsequent price adjustment or credit note will be considered. There are also local, regional, and national promotions, discounts, and reductions available.
Only individuals over 18 years old are eligible to place an order on our platforms. Individuals under the age of 18 who wish to place an order must have written consent from their legal guardian.
Please note that our online store is primarily intended for the needs of private customers. Therefore, we are unable to subsequently issue invoices, receipts, or VAT statements for your orders.
3. Delivery and Transfer of Risk
3.1 The seller carries out deliveries in Switzerland and the Principality of Liechtenstein. Delivery costs are invoiced to the customer regardless of the value of the goods ordered. The postage cost is based on the rate applied by Swiss Post, using the “PostPac Economy” tariff. The delivery is made directly to the name and address of the contact person provided by the buyer.
The seller also makes deliveries within the European Union and outside the European Union. Delivery costs are charged to the customer regardless of the value of the goods. The postage cost is based on the rate applied by Swiss Post, using the “PostPac International” tariff. Deliveries to destinations within the European Union or outside the European Union may incur additional costs and are not covered by KRI. These costs generally relate to the importation requirements specific to the destination country of the goods. All of these costs are the responsibility of the buyer, and we decline any responsibility regarding the amounts or procedures involved. Delivery is made directly to the name and shipping address provided by the buyer.
The prices listed in the online store at the time of ordering are applicable. The prices indicated include the legally applicable value-added tax (VAT). Additional shipping fees and other potential charges related to the payment method (e.g., cash-on-delivery fees) will be added.
An email is sent to the customer once the goods have left our premises.
3.2 Delivery occurs provided that we ourselves have been supplied in a timely and proper manner by our suppliers. In the event of force majeure such as strikes and other social movements, riots, war, natural disasters, as well as in case of cessation of deliveries by the manufacturer or upstream supplier, there is no delay in delivery. KRI assumes no responsibility for delivery delays attributable to third parties.
3.3 If not all ordered goods are in stock, we reserve the right to make partial deliveries. If it turns out, after the conclusion of the contract, that the goods cannot be delivered, either partially or in full, for reasons not attributable to KRI, the customer has the right to terminate the contract.
3.4. Our service consists of an obligation to dispatch; it is fulfilled upon handing over the shipment to the transport provider. After dispatch, the risk of accidental damage and loss of the goods passes to the customer. We are not obliged to assume fault from the transport company.
3.5 The delivery period begins once the customer receives an email confirming receipt of the order. It includes order processing and shipping.
Except under extraordinary conditions (see paragraphs 3.2, 3.3, 3.4), the delivery times* are as follows:
• Switzerland and Liechtenstein: 5 to 7 business days.
• European Union: 10 to 12 business days.
• Outside the European Union: 15 to 20 business days.
*Delivery times are indicative and are not contractually binding.
4. Returns/Right of Withdrawal
4.1 If one or more products from your order do not satisfy you, you have a period of 14 calendar days from the date of delivery to return them to us. In the case of partial deliveries, the delivery period is extended until you have received all the products ordered.
4.2 Returned items must be returned in full, in their original packaging, accompanied by the delivery note provided with the goods. The item can be returned provided it has only been tried on, as it would be in a store, and that said item is complete and intact. They must not have been used/worn and must not have incurred any damage. The official Keep Rock Insane label must still be sealed on the product, and the tightening clip must not be damaged.
If upon receipt of your return (whether complete or partial), any of these conditions are not met, the product will not be refunded to you. Discount vouchers and special offers are not re-issued.
4.3 The costs associated with returning the products are not covered by KRI. If KRI were to incur costs associated with a return of goods, these will be deducted from the refund you are entitled to. Please request confirmation of your return (shipment) and keep it for your records. In case of loss or theft of the parcel, your return can only be refunded upon presentation of this document.
If the return is properly conducted, the costs will be covered by KRI in the following cases:
• error in the delivery of items
• incorrect information on the online store
• receipt of an unordered item
To make a return, simply send back the goods within the specified period to the address provided below and follow the return instructions under the “Return of Goods” section on our website or any other online platform.
Keep Rock Insane
Rue Nicole 14
2035 Corcelles
Switzerland
4.4 Upon proper and complete return of the merchandise, the total paid price will be refunded to the customer via a credit entry. Refunds are always processed using the original payment method used during the purchase.
If your purchase was made using a gift card, the value of the returned merchandise is credited to your customer account as store credit. In this specific case, we do not process any refund requests to online payment methods (credit cards, postal account, TWINT) or in cash.
4.5 For technical reasons, we cannot process any order cancellations. In such cases, please refuse the delivery. After receiving the package, an email will be sent to you confirming the processing of your merchandise return, and the purchase amount will be automatically refunded to you.
We refund your returned goods based on the payment method you chose to pay for your order.
5. Payment
5.1 Orders are payable immediately.
5.2 Payment for the order is processed either by credit card or direct debit card, as provided and available on our website and platforms. If payment is made by credit or debit card, the transmitted data is secure and confidential (see point 5.4).
KRI requests that you provide the security code (CVV/CVC) of your credit card, in addition to the card number, expiry date, and issuing company. The security code (CVV/CVC) is a 3-digit or 4-digit number located on the back of your credit card, ensuring the security of payments on online platforms.
5.3 As a customer, you only have rights of set-off or retention to the extent that your claim has been judicially established by a final and binding court decision or is undisputed. This provision does not derogate from your rights in case of defects in the delivered goods.
5.4 To maximize payment protection when making a purchase on any of our platforms, we utilize verification services for each payment method. Your card data is also protected by an additional password. This means that it is virtually impossible to use your card data for fraudulent purposes. During the process, an additional window generated by your bank will appear, prompting you to enter your personal password. Your bank then verifies this password and validates the transaction. And thus, we both have mutual certainty about our respective identities.
6. Obligation to inspect and claim, liability for defects
6.1 You are required, as soon as the normal course of business allows, to check the delivered products and to report any defects found to our customer service at info@keep-rock-insane.com without delay. If you fail to do so, the products are deemed to have been accepted. Acceptance is in any case deemed to have occurred if the customer has not sent a complaint via email to customer service within a calendar period of 8 days after receiving the goods.
6.2. Defects that are not identifiable despite thorough inspection as per the previous paragraph must be reported via email to info@keep-rock-insane.com immediately upon discovery. Failure to do so will be deemed as acceptance of the ordered products concerning these defects as well.
6.3. The defective product will be returned along with a copy of the invoice and a detailed description of the defect(s). The return address will be communicated to the buyer via email upon receipt of their written complaint. The transportation costs incurred are covered by KRI.
6.4. We provide a warranty service by rectifying defects, which occurs at our discretion through either secondary performance, such as defect removal (rework), or by delivering defect-free goods (replacement). The replaced products become the property of KRI, the seller.
6.5. If the secondary performance is not successful, the customer is entitled to terminate the contract. These provisions do not apply in the case of minor defects. Any right of the customer to a price reduction is excluded. This exclusion of liability also extends to all claims competing with warranty rights, whether arising from the contract (Articles 97 et seq. of the Swiss Code of Obligations), from unlawful acts (Articles 41 et seq. of the Swiss Code of Obligations), from contesting the contract for mistake (Articles 23 et seq. of the Swiss Code of Obligations), etc.
6.6. The warranty does not cover normal wear and tear, as well as consequences resulting from improper handling or damage by the buyer or third parties, and defects attributable to external circumstances.
Items that have been worn, soiled, or damaged are specifically excluded from the warranty.
6.7. The customer does not receive legal warranties from the seller. Manufacturer warranties are not affected.
KRI assumes no responsibility for descriptions written by third parties, including customers, on the online shop, nor for customer comments published on our social media channels.
7. Reservation of title
All goods delivered remain the property of KRI until fully paid for.
8. Liability
All cases of contractual violations and their legal consequences, as well as all rights of the customer, regardless of the title under which they are asserted, are definitively regulated in these terms and conditions. Any other rights of the customer—regardless of their legal basis—are, to the extent permitted by law, excluded. Neither the seller nor its agents and possible executing auxiliaries assume any liability for damages that did not occur on the merchandise itself, including consequential damages, loss of profit, or any other material losses suffered by the buyer.
9. Electronic communication
You agree that communication regarding the contract may be conducted electronically.
10. Printing and information errors
We decline any responsibility for potential printing errors in our advertising materials as well as for information errors that appear in our online store due to minor negligence. We decline any responsibility for incorrect prices, errors in illustrations, product descriptions, or other texts such as vouchers or promotional campaigns. Lastly, we decline any responsibility for delayed or missed deliveries.
11. Disclaimer for external links
KRI may use links on its pages that lead to other websites on the Internet. KRI expressly declares that it has absolutely no influence over the design and content of these linked pages.
Therefore, we hereby expressly reject all liability for the entirety of the content on all third-party sites linked from the Keep Rock Insane platforms. We further declare that these contents do not necessarily reflect our policies. This statement is unconditional and without exception.
12. Contract language / registration of order text
The language of the contract is French. We do not record the text of the contract, which means that this text cannot be consulted after the completion of the ordering process. However, you can print the order information immediately after sending it.
13. Dispute resolution: alternatives
It is our policy not to participate in dispute resolution procedures before a mediator in this matter, and we are not obligated to do so.
14. Intellectual property law and other rights
Keep Rock Insane is the owner and operator of this website and its other platforms. All trademarks, names, titles, logos, images, designs, texts, and other materials are entities owned by KRI or one of its partners. Viewing, downloading, or copying pages does not imply acquisition of rights (exploitation rights, intellectual property rights). Reproduction (in whole or in part), distribution (electronically or by other means), modification, or use of the website for public or commercial purposes is prohibited without prior written authorization.
15. Contact & legal notices
Keep Rock Insane
Rue Nicole 14
2035 Corcelles
Switzerland
Phone : +41 (0) 79 538 87 57
E-Mail: contact@keep-rock-insane.com
VAT number: CHE-163.918.737 TVA
Business ID number: CHE-163.918.737
For legal matters: Neuchâtel, Switzerland
16. Data protection
16.1 Our website uses an analytics tool for optimizing user experience. You are responsible for your login credentials (including password) and any orders made using this login. Therefore, please ensure not to disclose your login credentials to third parties. Sensitive data is transmitted securely and encrypted (SSL).
You agree that your data will be stored and processed in KRI’s database.
The collection and processing of customer’s personal data by the seller are explained in the privacy policy and form an integral part of these general terms and conditions. The privacy policy can be viewed here.
16.2. By this agreement, the customer consents to the storage of personal data provided by them during the use of our website. This agreement also applies to the storage of IP addresses transmitted with each use of the website. Furthermore, the customer also consents to the use of their personal data for the purpose of personalizing advertising and product offers displayed on the KRI platforms. No personal data is transmitted to advertisers.
16.3. Finally, the customer declares their agreement for KRI to use their personal data for direct marketing purposes. This includes advertising communication to the customer via email and postal mail.
16.4. By accepting these conditions, the customer confirms the accuracy of the information provided. The customer authorizes KRI to take all necessary measures to verify order information with administrative services.
17. Safeguard clause and reservation of modification
17.1 If individual provisions of these terms and conditions become invalid, incomplete, or impossible to enforce, the validity of the remaining provisions shall not be affected. The contracting parties agree to replace any invalid provision with a valid and enforceable provision that most closely aligns with their original intention and the economic objective pursued.
17.2. Any modifications or additions to these general terms and conditions require a form that allows proof by text, such as email. This provision also applies to any modification of the requirement for written form. Once the customer, after a modification, uses the seller’s services, they implicitly accept the new general terms and conditions.
17.3. Any other contractual conditions of the customer, particularly those they declare applicable alongside acceptance of the contract, do not become an integral part of said contract. They are only valid if and to the extent that they have been expressly accepted in writing by the seller.
18. Applicable law, legal venue
These terms and any purchase contracts concluded in accordance with them are governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Swiss law exclusively applies, to the exclusion of the conflict of laws rules and the Vienna Convention. The place of jurisdiction (Neuchâtel, Switzerland) is constituted by the ordinary courts at the seller’s registered office.
If, as a private end consumer, you do not have a place of residence in Switzerland or Liechtenstein, the place of jurisdiction is the seller’s registered office, which is Neuchâtel, Switzerland.
19. Disclaimer of Liability
KRI disclaims all liability (including negligence) that may arise from access or inability to access this website and online store, or certain individual elements thereof, and from its use. Access to the portal and its use are not guaranteed.
Modifications to Our Terms and Conditions of Use
We reserve the right to modify these statements at any time. Any substantial changes will be announced with a notice posted on the Keep Rock Insane platforms.. However, it is your responsibility to stay informed of any changes made.
These General Terms and Conditions come into effect on January 1, 2024.