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ARTICLE 1 : CONTEXT
Welcome to our website www.biotonique.com You are using the online sales service of Biotonique SA (hereafter called “Vendor” or “Biotonique”), a Swiss company based in Nyon, registered with the Swiss trade registry under license number N° CHE147.313.547.
The present General Terms of Sale is systematically displayed to every buyer (hereafter called “Buyer”) before continuing with the product ordering process on the Biotonique Internet site. The Customer, before ordering, declares to be bound in full legal capacity to the General Terms of Sale.
Any access, subsequent use or any order of one or more products on the Biotonique website shall simply the Customer’s express and full compliance, without reserve, to the contents of the General Terms of Sale, which supersedes all other documents, such as, but not limited to, brochures and catalogues transmitted by the Vendor, which are for information purposes only. Acceptance of these General Terms of Sale shall have the same legal force and effect as the Buyer’s written signature. By ordering products via this site, you confirm that you fully and unconditionally accept the General Terms of Sale.
The vendor is not obligated to take into account any contradicting conditions pointed out by the buyer, unless explicitly accepted by the vendor, regardless of when said contradicting conditions are brought to the vendor’s attention. If the vendor chooses to grant an exception to the present General Terms of Sale at a given time, it does not imply in any way that the vendor waives the right to enforce said terms and conditions at a later time.
ARTICLE 2 : CUSTOMER SERVICE
Our customer service department is at your disposal to provide additional information, or to answer questions and offer advice :
Rue du Ronzier 15 – 1260 Nyon
Téléphone: +41 78 961 50 00
ARTICLE 3 : QUALITY GUARANTEE
Our products are certified natural. Most of our ingredients are from natural origin with controlled manufacturing.
ARTICLE 4 : PRICES
All prices are stated in Swiss Francs (CHF) or Euros (€), excluding the shipping and processing from our warehouse in Switzerland.
The prices are stated including the VAT for all countries belonging to the European Union and they are stated without VAT for all other countries. Any modification of the VAT rate shall automatically be reflected in the prices of the products for sale on the Site. Biotonique reserves the right to review prices at any time, on the understanding that prices invoiced are those in force on the date of order validation. Processing and shipment costs are supplementary and are indicated before any order confirmation. Our product special offers are valid within the limits both of the offer’s duration of validity, as well as stock availability.
ARTICLE 5 : CUSTOM DUTIES FOR COUNTRIES OUTSIDE
SWITZERLAND OR FRANCE
Some local taxes and/or custom duties may also be levied when a parcel is delivered. All extra taxes and duties are the responsibility of, and payable by the Buyer. Biotonique shall not be responsible for informing the Customer of such duties or any similar charges.
ARTICLE 6 : ORDERS AND TRANSACTION CONFIRMATION
When you place an order, it is important to indicate your telephone number, postal address and email address. When you validate the order, you confirm that you fully and unconditionally accept the order and the present General Terms of Sale in their entirety.
Your order is then transferred to our customer service department for processing. We recommend that you print a copy of your order to keep for your records. We reserve the right to refuse customer orders in the event of a payment dispute with respect to a previous order.
When your order is received, a detailed order confirmation will be send to the email address you provide. This order confirmation will include the exact billing amount and the delivery details for the order. This order confirmation indicates our acceptance of your order and validates the transaction. You accept that our ordertaking system constitutes proof of the nature and date of the order.
ARTICLE 7 : PRODUCT AVAILABILITY
Every effort is made to display items that are accurately mentioned as being in stock. The availability of the product is stated on each product description. In the event a product is unavailable after an order has been placed although initially mentioned as being in stock, the Customer will be informed as soon as possible by email.
ARTICLE 8 : SECURE PAYMENT
Payment for your order is handled via the payment method authorised for the product offer in question. Online payment via credit/debit cards is entirely secure. The entire transaction is carried out using encryption technology via a Swiss bank validation server in SSL mode (Secure Socket Layer). Biotonique never has any access to your payment data. This system ensures that your purchases are completely secure.
8.1 ACCEPTED MEANS OF PAYMENT
Payment must be made in full, using a credit card (Visa Card, Master Card, Euro card or Swiss Postcard) or Paypal. Credit Cards are debited on the day that the order is placed and payment is considered as effective from the day the transaction is authorized by the Buyer’s bank. The Customer guarantees to Biotonique he possesses the necessary authorization to use the chosen payment method on his order form. Biotonique reserves the right to suspend all order processing and delivery in case of nonpayment of any amount owed by the Buyer, in case of authorization refusal of the credit card payment or in the case of fraud or suspected fraud when ordering products on www.biotonique.com . Biotonique reserves the right to ask for a copy of a valid identity card or a copy of the credit card of the Customer in case the payment exceeds 500 € including VAT. As part of the fight against Internet fraud, information about an order may be transferred to a third party for purposes of verification.
ARTICLE 9 : CANCELLATION IN CASE OF NONPAYMENT
In case the buyer does not pay for merchandise within the payment period, the vendor has the right to cancel the sales contract, request return of said merchandise and to demand payment of punitive damages to cover the loss of revenue and other additional costs incurred because of nonpayment.
ARTICLE 10 : DELIVERY AND SHIPPING CHARGES
10.1. In general
Products will be delivered to the delivery address indicated on the Buyer’s order form: accurate information is therefore necessary to ensure efficient transportation. All items purchased from www.biotonique.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. The Buyer is responsible for verifying the state of the parcel and its content on delivery with the deliveryman. If the parcel was dropped directly into the mailbox and is damaged, the Customer must go to his post office and institute a damage claim without opening the parcel. If that damage claim is not made the same day the parcel is delivered, the post office might refuse the Customer’s claim, and hence Biotonique will not agree to send any replacements for the damaged parcel.
10.2. Deadlines and shipping charges
Shipping costs are fixed and represent an amount of 12 CHF / EURO. Delivery is free from 150 CHF / EURO. Delivery time is between 24h and 48h. This time is estimate : any excess of time limit could result neither. In damage or interest, not in withholding or cancellation of the order by the Buyer. In case of failure to deliver on the expiry of a period of thirty (30) days, the Buyer shall have the option to cancel the order of remaining deliverables (unless the delay in delivery is due to force majeure as defined in the jurisprudence of the courts ) . The amount paid by the Buyer for the products still to be delivered will be refunded within thirty (30) days following the cancellation request of the Buyer, excluding any other compensation . The Buyer shall make the application by email at email@example.com.
Biotonique will decline all responsibility in the event of delivery delays, product loss, strikes, fire (nonexhaustive list).
10.3. Characteristic of FEDEX delivery (Switzerland)
Delivery is made by courier to the address indicated by the Buyer on the order form. An acknowledgment of receipt must be signed by the Buyer. In case of absence , the Buyer receives a calling card and may request via internet a redelivery of the package the next day. In case of return of the parcel to Fedex due to « Does not live at the address indicated » and subject to receipt of goods in perfect condition, Biotonique will issue a coupon (equal to the total order, shipping deducted) which will be credited to the credit card of the Buyer . Buyer will then place his order having preciously corrected his delivery address.
10.4. Characteristic of Colissimo delivery
The products are delivered to the address given by the Buyer on the order form. A notice of receipt shall be signed by the Buyer. In case of absence, the Buyer receives a transit advice note from the delivery man which allows him to withdraw the products ordered at the nearest postoffice for up to fifteen days. In the case of the parcel being unclaimed at the Post Office within the given time and subsequently returned to Biotonique, the parcel can be reshipped on prior payment of the corresponding shipment costs. In case of returns by the Post Office with the mention “Not Known at this Address”, and if the products are in perfect condition for resale, Biotonique will reimburse the Customer by credit card refund (total order, minus total shipping fees, whether originally paid by Biotonique or by the Buyer). Biotonique does not reimburse duties and taxes. The Buyer may then place another order using the correct address.
ARTICLE 11 : CONSUMER GUARANTEES
The vendor guarantees that merchandise is manufactured, checked and packaged without any physical defects. This guarantee does not cover defects that the buyer may discover upon examination of said merchandise. If product defects are revealed after delivery, the Buyer shall request application of the product guarantee in writing. This request shall include the invoice number and the reason for requesting replacement of the product(s) in question.
The products sold on www.biotonique.com are in compliance with the current regulation in Switzerland and in France. Biotonique’s liability shall not be engaged in case of nonobservance of the legislation of the country in which the products are delivered, which the Customer is to verify.
ARTICLE 12 : DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
www.biotonique.com is provided by Biotonique on an “As is” and “As available” basis. Biotonique will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
ARTICLE 13 : INTELLECTUAL PROPERTY
In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, the present website and all the component parts, brands, drawings, models, logotypes, visuals, etc. on this website as well as their compilation are the exclusive property of Biotonique or its suppliers; the latter grant no licence or any other right to web users other than to consult this website. The reproduction or use of all or any part of these components are only authorized for informational purposes and for personal and private use; any reproduction or use of copies made for other purposes is explicitly forbidden. Any breach shall be deemed counterfeit and punishable under the laws governing intellectual copyright, unless express prior written authorisation has been issued at the sole discretion of Biotonique. Any link or hypertext to the Site is strictly forbidden without prior written consent from Biotonique.
ARTICLE 14 : SITE POLICIES, MODIFICATION, AND SEVERABILITY
Biotonique reserve the right to make changes to our site, policies, and these Conditions of sale atany time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ARTICLE 15 : APPLICABLE LAW
This contract is subject to Swiss law. The United Nations convention on contracts for the international sale of goods of 11 April 1980 (Vienna Convention) is explicitly not applicable. The language used for this contract is English. The Swiss court shall be the only competent body to handle disputes. The place of jurisdiction for this contract is Lausanne.