TERMS AND CONDITIONS OF USE
The terms and conditions hereafter apply to all orders for products and services placed on the website www.patburgener.ch. The customer must acknowledge all terms and conditions before placing any order, as these terms and conditions are accessible on the site. Pat Burgener or his representativesreserves their right to adapt or change the current T&C at any point in time. The applicable version of these T&C is the one present on the website www.patburgener.ch at the time of purchase. Therefore, placing an order requires the total acceptance, without any reserve, of these conditions by clicking the button «I have read and accepted the sales terms and conditions».
SITE INFORMATION AND ACCESSIBILITY
www.patburgener.ch is an e-commerce site owned and managed by Wabs Sàrl. The site is open to all internet users by principle, 24/7, except for, programmed or not, interruptions by Pat Burgener or his representatives or his service providers, for maintenance purposes or force majeure (as defined in the present document). Pat Burgener or his representatives cannot be held responsible for any damage, whatever its nature, resulting in the site’s unavailability. Pat Burgener or his representatives cannot guarantee that the site is exempt from anomalies, mistakes, or bugs of any kind, nor that the site will function without any breakdowns or interruptions. Pat Burgener or his representatives can, in this respect, decide freely, and at its entire discretion, any period of unavailability of its site or of its content. Pat Burgener or his representatives cannot be held responsible for any problems of data transmission, connexion, or site unavailability.
In order to place an order, the customer must register on the site beforehand by creating an account/profile with all the required information. The customer’s registration is validated by Pat Burgener or his representatives after verification of the standard form filled by the customer. The customer receives an email confirmation of his registration. While creating his/her account, the customer must ensure the correctness and the comprehensiveness of the information given. The customer is required to always update his personal information. In case of error in the wording of the details/data of the recipient, Pat Burgener or his representatives cannot be held responsible of the impossibility to deliver the ordered products correctly. By registering on the website, the customer declares and guarantees he/she is an adult and has full legal capacity to conclude a contract. Pat Burgener or his representatives can delete a customer’s account at any given time, for any reason, in its sole discretion.
DATA PROTECTION & INTELLECTUAL PROPERTY
In Switzerland, personal data is especially protected by the Federal Law on Data Protection (LFD of 19 June 1992, status as of 1 January 2014). All elements of the website are and remain the exclusive intellectual property of Pat Burgener or his representatives and are protected by the trademark law. Nobody is allowed to reproduce, copy, transfer or use, even partially, the visual and written elements of the website. All contents from the site www.patburgener.ch are protected by trademark rights, including texts, graphic designs, photos or any other illustrations, whatever their kind. Any use of the brand Pat Burgener and/or its logo, under whichever possible form or manner is strictly forbidden without prior written consent of the author.
The information required from the buyer is necessary and is used to process the order. They can exclusively be communicated to the partners of Pat Burgener or his representatives who are involved in the processing of the order. Solely the buyer is responsible for the correct access and the use of the data (username and password) provided by Paypal at the end of the buying process. He is fully responsible for any consequences arising from their use. The buyer’s personal data communicated to Pat Burgener or his representatives are treated confidentially. Pat Burgener or his representativescommit to never transmitting this data to any third party.
The products sold on www.patburgener.ch are described and presented as accurately as possible. Nevertheless, should an error occur, Pat Burgener or his representatives cannot be held responsible in any way. The pictures of the products are of indicative nature only.
The customer can select as many products as they desire and add them to their « cart ». The « cart » summarizes the products selected by the customer as well as their prices and all associated costs. The customer can modify their cart freely before final validation of the order. Validation of the order is regarded as acceptance by the customer of the terms and conditions, products bought, as well as their prices and associated costs. When accepted, a confirmation email summarizing all elements of the order (products, quantities, price, availability…) will be sent to the customer by Pat Burgener or his representatives. For this purpose, the customer expressly accepts the use of email to confirm the content of their order. Invoices are available in the « my account » section of the website. Pat Burgener or his representatives remain free to refuse all or part of the purchase order at its own discretion, in particular when a product is no longer available.
PRICES AND PAYMENT
All prices mentioned on the website are in Swiss francs VAT included. They do not include delivery costs or any other costs such as custom tax, foreign VAT, etc. These will be at the buyers’ charge. Pat Burgener or his representatives reserve their right to modify the prices at any time but products will be charged at the applicable price at the time of purchase, subject to availability. Payment is required at the time of order. The buyer can settle his/her purchase order by using the PAYPAL online secured payment provider or by Credit Card (Visa, American Express and Mastercard) or by wire transfer.
Pat Burgener or his representatives deliver in Switzerland and worldwide, (except in P.O boxes) within the following timing: – 1-3 working days for Switzerland – 2-5 working days for Europe – 12 working days for the rest of the world. Pat Burgener or his representatives are however not responsible for any delay or any damaged or lost items during the delivery time. Postage and delivery are handled by the Swiss post, with a registered parcel, at the address indicated by the buyer on the purchase order.
The client can also opt for the « Click & Collect » option and come to pick up the order at our office, Rue du Midi 14 in Lausanne.
RETURN POLICY AND REIMBURSEMENT
The customer has the right to return the product bought from Pat Burgener or his representatives within 7 days of reception of his/her order. The return must be notified beforehand by an email at the following address: email@example.com. The return of the product is the buyer’s own responsibility. Regarding return costs, we invite you to scan the receipt and send it by email at firstname.lastname@example.org with the email object “RETURN” along with your order number. Upon receipt of your email, the full amount of the return costs will be reimbursed by an e-gift card valid for a full year on our e-shop. In case of a returned article, Pat Burgener or his representatives will reimburse the buyer with the related amount as quickly as possible, after retrieving the delivered products. Pat Burgener or his representatives will use the same payment account as the one used for the order. Pat Burgener or his representatives will not reimburse the buyer if one or some products are returned worn, used, damaged, in bad condition, and/or without the original packaging and/or label. Should this happen, the product(s) will be sent back to the buyer at his/her own costs and no reimbursement will be made by Pat Burgener or his representatives. When returning a product, Pat Burgener or his representatives ask the buyer to execute the following procedure: – Wrap the product correctly and safely and place it in a parcel or bubble envelope – Send it by registered post – it is important to keep the post receipt/tracking number in order to be able to track the parcel. – The parcel must be sent to: Wabs Sàrl, Rue du Midi 14, 1003 Lausanne, Switzerland. Promotions or sales cannot be returned or refunded. Return costs will be paid by Pat Burgener or his representatives if the delivered product(s) are different from the ones ordered or if it (they) are damaged.
APPLICABLE LAW AND JURISDICTION
Any conflict or dispute related to the use of www.patburgener.ch will be subject to Swiss law. These general conditions are ruled by Swiss law, in particular by the Code of Obligations which applies for any matter not mentioned in these terms and conditions. This applies to substantive rules as for the rules of form. In case of a dispute or a claim, the buyer will primarily try to find an amicable solution with Pat Burgener or his representatives.
By using and registering on the website www.patburgener.ch, the buyer agrees to stick to the present T&C and warrant Pat Burgener or his representatives that: (1) he/she is of age in his/her country of residence or has the necessary powers and authority to bind the company that he/she represents in the transactions processed on the website www.patburgener.ch. The buyer is sole responsible for the access and the use of the access data (username, password) sent to him/her by Pat Burgener or his representatives at the end of the registration process. He/she is therefore exclusively liable for any consequences that may result from this. The personal data provided by the buyer to Pat Burgener or his representatives is treated with utmost confidentiality. Pat Burgener or his representatives are committed to never pass it on to a third party. The site content of www.patburgener.ch, including texts, graphics, pictures, and other illustrations of any kind, is protected by the trademark law. Any use of the brand and/or logo of Pat Burgener in any form and by any means whatsoever is prohibited without the prior written consent of the author (owner).