APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
The general terms and conditions of sale detailed below apply to all orders for products and services placed via the www.patburgener.ch website. The customer must read the general terms and conditions of sale before placing any order, as they are available on the site. Pat Burgener or its representatives reserve the right to adapt or modify the present terms and conditions of sale at any time. The version of the terms and conditions of sale applicable to any sale is the one appearing online on the www.patburgener.ch site at the time the order is placed. Consequently, by placing an order, the customer accepts these terms and conditions without reservation by clicking on the “I have read and accept the terms and conditions of sale” button.
SITE INFORMATION AND ACCESSIBILITY
www.patburgener.ch is an e-commerce site owned and managed by Wabs Sàrl. The site is open to all users of the Internet network and is in principle accessible 24 hours a day, 7 days a week, except in the event of interruption, whether scheduled or not, by Pat Burgener or its service providers, for the purposes of maintenance or in the event of force majeure (as defined herein). Pat Burgener or its representatives cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the site. Pat Burgener and its representatives do not guarantee that its site will be free of anomalies, errors or bugs, nor that the site will function without breakdown or interruption. In this regard, Pat Burgener and its representatives may freely determine, at their sole discretion, any period of unavailability of the site or its content. Pat Burgener or its representatives cannot be held responsible for data transmission, connection or network unavailability problems.
SITE REGISTRATION
In order to place an order, the customer must first register on the site by creating an account containing the customer’s information. Customer registration on the site is validated by representatives of Pat Burgener after checking the standard form completed by the customer. The customer will receive an e-mail confirming registration. When creating an account, the customer must ensure that the information provided is correct and complete. It is the customer’s responsibility to keep all personal information up to date. In the event of an error in the recipient’s contact details, Pat Burgener or its representatives cannot be held responsible for the impossibility of delivering products. By registering on the site, the customer declares and guarantees to Pat Burgener and its representatives that he/she is of legal age and has the legal capacity to contract. Pat Burgener or its representatives may delete the customer’s account at any time, for any reason, at its sole discretion.
DATA PROTECTION AND INTELLECTUAL PROPERTY
In Switzerland, personal data is protected by the Federal Law on Data Protection (LFD of June 19, 1992 – status January 1, 2014). All elements of the Pat Burgener are and remain the exclusive intellectual property of Pat Burgener. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, any elements of the site, whether software or visual. The content of the www.patburgener.ch site, including text, graphics, photos and other illustrations of all kinds, is protected by trademark law. Any use of the Pat Burgener trademark and/or its logo in any form and in any manner whatsoever is prohibited without the prior written consent of the author.
PERSONAL DATA
The information requested from the purchaser is necessary for the processing of the order and may be communicated exclusively to Pat Burgener ‘s contractual partners involved in the execution of the order. The purchaser is solely responsible for accessing and using the means of access (user name, password) communicated to him/her at the end of the registration process. He/she shall be solely liable for any consequences arising therefrom. The buyer’s personal data communicated to Pat Burgener and its representatives are treated confidentially. Pat Burgener and its representatives undertake never to pass on such data to third parties.
ITEM DESCRIPTION
The items offered for sale on the www.patburgener.ch website are described and presented with the utmost accuracy. Pat Burgener or its representatives cannot be held responsible for any errors that may occur. Photos of items are for information purposes only.
ORDER
The customer may select as many products as he or she wishes, which will be added to the basket. The basket summarizes the products selected by the customer, together with their prices and charges. The customer is free to modify the basket before validating the order. Validation of the order confirms the customer’s acceptance of the GCS, the products purchased, their prices and the associated charges. A confirmation email summarizing the order (products, price, product availability, quantity, etc.) will be sent to the customer by Pat Burgener. To this end, the customer formally accepts the use of electronic mail to confirm the contents of his/her order. Invoices are available in the “my account” section of the site. Pat Burgener or its representatives reserve the right to refuse the purchase offer if the desired product is out of stock.
PRICE AND PAYMENT TERMS
Prices are quoted in Swiss francs including VAT or in euros excluding VAT. They do not include delivery charges or any other taxes such as customs duties or other levies, which must be paid by the purchaser. Pat Burgener reserves the right to modify its prices at any time, but products will be invoiced on the basis of the prices in force at the time the order is registered, subject to availability. The price is due at the time the order is placed. Purchasers may pay for their orders via PayPal’s secure electronic payment system or by credit card (Visa, Mastercard or American Express).
DELIVERY
Pat Burgener delivers anywhere in Switzerland and worldwide within the following times: – 2-3 working days in Switzerland – 2-5 working days in Europe – 12 working days in the rest of the world. Pat Burgener or its representatives cannot be held responsible for damaged or lost items, or for delays in delivery. Delivery is made by courier with tracking number to the address given by the purchaser at the time of ordering. Delivery is made to the delivery address indicated by the customer, it being specified that this must be the residence address of the customer, a natural person of his/her choice or a legal entity (delivery to his/her company). Delivery cannot be made to hotels or post office boxes. Otherwise, the product will be returned to Pat Burgener‘s warehouse.
Alternatively, customers can opt for “Click & Collect” and collect their order from our office at Rue du Midi 14, Lausanne.
RIGHT OF RETURN AND REFUND
The purchaser is entitled to return the item ordered to Pat Burgener within 7 days of receipt of the order. The return must be notified in advance by e-mail to the following address: marc-antoine.burgener@hotmail.com. The buyer is responsible for the return of the product. For return shipping costs, we suggest you scan them and send them to us at marc-antoine.burgener@hotmail.com with the following e-mail subject: RETURN and your order number. Once we have received your e-mail, we will reimburse the full cost of your return in the form of a gift voucher valid for one year in our e-shop. Pat Burgener will then refund the value of the item to the purchaser as soon as possible, provided that Pat Burgener has been able to recover the products originally delivered. Pat Burgener will issue a refund using the same method of payment used for the transaction. Pat Burgener does not accept the return of non-defective items that have been worn, used and/or without their original pouch. In such cases, the items will be returned to the purchaser at his/her own expense and responsibility, and no refund will be made. In the event of a return, Pat Burgener would ask the purchaser to follow the following procedure: – carefully pack the item in a parcel or bubble envelope – send the parcel by post, parcel against signature – it is important that the purchaser keeps his parcel number so that he can follow its progress – the parcel should be addressed to Wabs Sàrl, Rue du Midi 14, 1003 Lausanne, SWITZERLAND. Items on sale will not be returned or exchanged. Pat Burgener is responsible for return shipping costs if the product delivered to the customer is different from the product ordered, or if it is delivered damaged.
APPLICABLE LAW AND JURISDICTION
Any dispute arising in connection with the use of the www.patburgener.ch website is subject to Swiss law. These general terms and conditions are subject to Swiss law, and in particular to the Swiss Code of Obligations, which governs all aspects not expressly mentioned in these general terms and conditions. This applies to both substantive and formal rules. In the event of a dispute or complaint, the purchaser should first contact Pat Burgener for an amicable solution.
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