These terms and conditions of sale (hereinafter the "Terms and Conditions") apply to any purchase made by an individual (hereinafter the "CUSTOMER") on the website www.myalpx.com (hereinafter the "WEBSITE") from SwissBioLab EU, SARL registered in the Thonon-les-Bains Trade Register under number 908 238 215, having its registered office at 4, rue Alfred Bastin, 74100 Annemasse, France, email: contact@swissbiolab.eu (hereinafter the "SELLER").
IMPORTANT
Any order placed on the WEBSITE implies the CUSTOMER's unreserved acceptance of the present Terms and Conditions.
Art 1. Definitions
The terms used hereinafter have the following meanings in these General Terms and Conditions:
"CUSTOMER": refers to the SELLER's co-contractor, who warrants that he/she is a consumer as defined by French law and jurisprudence. In this respect, it is expressly stipulated that the CUSTOMER is acting outside of any usual or commercial activity.
"DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated at the time of ordering.
"PRODUCTS": refers to all products available on the WEBSITE.
"TERRITORY": refers to all countries belonging to the EU, as well as French overseas departments and territories, Switzerland and Liechtenstein.
Art 2. Subject
These Terms and Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.
The CUSTOMER is clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.
Art 3. Acceptation of the Terms and Conditions
The CUSTOMER undertakes to read these Terms and Conditions carefully and to accept them, before proceeding with the payment of an order for PRODUCTS placed on the WEBSITE.
The present Terms and Conditions are referenced at the bottom of each WEBSITE page by means of a link and must be consulted before placing an order. The CUSTOMER is invited to carefully read, download and print the General Terms and Conditions, and to keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions with each new order, as the latest version of the said Conditions applies to all new orders for PRODUCTS.
By clicking on the first button to place the order and on the second to confirm the order, the CUSTOMER acknowledges having read, understood and accepted the Terms and Conditions without limitation or condition.
Art 4. Purachse of PRODUCTS on the WEBSITE
In order to purchase a PRODUCT, the CUSTOMER must be at least 18 years of age and have legal capacity or, if a minor, be able to justify the agreement of his/her legal representatives.
The CUSTOMER will be asked to provide identifying information by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in for the SELLER to process the CUSTOMER's order. The CUSTOMER can check the status of his order on the WEBSITE. If necessary, DELIVERY can be tracked using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail at contact@swissbiolab.eu to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his/her identity, eligibility and the information communicated.
Art 5. Orders
Art 5.1 Characteristics of the PRODUCTS
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the WEBSITE) and the mandatory information that the CUSTOMER must receive under applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the WEBSITE.
Unless expressly indicated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.
Art 5.2 Ordering procedure
PRODUCT orders are placed directly on the WEBSITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's start page, the steps may differ slightly).
Art 5.2.1 PRODUCT selection and purchase options
The CUSTOMER must select the PRODUCT(S) of his/her choice by clicking on the PRODUCT(S) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, it is placed in the CUSTOMER's shopping cart. The CUSTOMER may then add as many PRODUCTS as he or she wishes to the shopping cart.
Art 5.2.2 Orders
Once the PRODUCTS have been selected and placed in the shopping basket, the CUSTOMER must click on the basket and check that the contents of the order are correct. If the CUSTOMER has not already done so, he/she will then be invited to identify him/herself or to register.
Once the CUSTOMER has validated the contents of the basket and logged in/registered, an automatically completed online form will be displayed, summarizing the price, applicable taxes and, where applicable, delivery charges.
The CUSTOMER is invited to check the contents of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its contents.
The CUSTOMER may then proceed with payment for the PRODUCTS by following the instructions on the WEBSITE and providing all the information required for invoicing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information required to process the order.
The CUSTOMER must also select the chosen delivery method.
Art 5.2.3 Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on the WEBSITE to acknowledge receipt of the CUSTOMER's order. A copy of the order acknowledgement is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address communicated via the registration form is correct.
The SELLER does not send order confirmations by post or fax.
Art 5.2.4 Invoicing
During the ordering process, the CUSTOMER must enter the information required for invoicing (the sign (*) indicates the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER).
In particular, the CUSTOMER must clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any access code to the DELIVERY address.
The CUSTOMER must also specify the chosen method of payment.
Neither the order form drawn up by the CUSTOMER online, nor the acknowledgement of receipt of the order sent by the SELLER to the CUSTOMER by e-mail, constitutes an invoice. Whatever the method of order or payment used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the parcel.
Art 5.3 Order date
The order date is the date on which the SELLER acknowledges online receipt of the order. The delivery times indicated on the WEBSITE only begin to run from this date.
Art 5.4 Price
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed inclusive of all taxes, in euros for EU countries, and in Swiss francs for Switzerland and Liechtenstein, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
In particular, prices include value-added tax (VAT) at the rate applicable on the order date. Any change in the applicable rate may have an impact on the price of the PRODUCTS from the date on which the new rate comes into force.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the WEBSITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid unless there is a gross error. The applicable price is that indicated on the WEBSITE on the date the order is placed by the CUSTOMER.
Art 5.5 Availability of PRODUCTS
The SELLER undertakes to deliver the PRODUCT on the date or within the period indicated to the CUSTOMER, unless the parties have agreed otherwise.
The unavailability of a PRODUCT is normally indicated on the PRODUCT page concerned. CUSTOMERS may also be informed by the SELLER when a PRODUCT is restocked.
In any event, if unavailability has not been indicated at the time of ordering, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the SELLER may, and if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain reimbursement of all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.
Art 6. Right of withdrawal
The terms and conditions of the right of withdrawal are set out in the "withdrawal policy", which is available in Appendix 1 of these Terms and Conditions and can be accessed via a hypertext link at the bottom of each WEBSITE page.
Art 7. Payment
Art 7.1 Payment methods
The CUSTOMER may pay for PRODUCTS online on the WEBSITE using the methods proposed by the SELLER.
The CUSTOMER guarantees the SELLER that he/she holds all the authorizations required to use the chosen means of payment.
The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the WEBSITE.
It is hereby specified that all payment information provided on the WEBSITE is transmitted to the WEBSITE's bank and is not processed on the WEBSITE.
Art 7.2 Payment date
In the case of a single payment by credit card, the CUSTOMER's account will be debited as soon as the PRODUCTS are ordered on the SITE.
In the case of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first parcel is shipped. If the CUSTOMER decides to cancel the order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these Terms and Conditions.
Art 7.3 Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service Department in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the CUSTOMER proves impossible, his order will be cancelled and the sale automatically terminated.
Art 8. Proof and archiving
Any contract concluded with the CUSTOMER corresponding to an order of more than 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with article L. 213-1 of the French Consumer Code.
The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CUSTOMER's request.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Art 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until full payment has been received from the CUSTOMER.
The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by the CUSTOMER, or by a third party designated by the CUSTOMER other than the carrier, of the risks of loss or damage to the PRODUCTS subject to retention of title, as well as the risks of damage they may cause.
Art 10. Delivery
The terms of DELIVERY of PRODUCTS are set out in the "Delivery Policy" referred to in Appendix 2 of these Terms and Conditions and accessible at the bottom of each WEBSITE page via a hypertext link.
Art 11. Packaging
The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 - withdrawal policy.
Art 12. Garanties
In addition to the commercial warranties that the SELLER may offer for certain PRODUCTS, all Customers benefit from "legal" warranties, for all PRODUCTS, which are detailed below, in accordance with Article L.111-1 of the French Consumer Code.
Art 12.1 Warranty of conformity
Article L. 217-4 of the French Consumer Code: "The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation, when the latter is his responsibility under the contract or was carried out under his responsibility".
Article L.217-5 of the French Consumer Code: "The good conforms to the contract: 1° If it is fit for the use usually expected of a similar good and, where applicable : - if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model; - if it presents the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter".
The SELLER may be held liable for defects in conformity existing at the time of delivery, and for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged to the SELLER or has been carried out under the SELLER's responsibility.
Any action resulting from a lack of conformity is barred after two (2) years from delivery of the PRODUCT (Article L.217-12 of the French Consumer Code).
In the event of lack of conformity, the CUSTOMER may request replacement or repair of the PRODUCT, at his or her option. However, if the cost of the CUSTOMER's choice is manifestly disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen by the CUSTOMER.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address SwissBioLab EU, 4, rue Alfred Bastin , 74100 Annemasse, France.
Finally, the CUSTOMER is exempted from proving the existence of a defect in the conformity of the PRODUCT during the twenty-four (24) months following delivery of the PRODUCT, except for second-hand goods for which this period is fixed at six (6) months (Article L. 217-7 of the French Consumer Code).
It is specified that the present legal warranty of conformity applies independently of the commercial warranty granted, if any, on the PRODUCTS.
Art 12.2 Warranty for hidden defects
The SELLER is bound by the warranty for latent defects in the PRODUCT sold which render it unfit for its intended use, or which so diminish this use that the CUSTOMER would not have purchased it, or would have paid a lower price for it, had he known of them (Article 1641 of the French Civil Code).
This warranty allows the CUSTOMER, who can prove the existence of a latent defect, to choose between reimbursement of the price of the PRODUCT if it is returned, and reimbursement of part of its price if the PRODUCT is not returned.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address SwissBioLab EU, 4, rue Alfred Bastin , 74100 Annemasse, France. The action resulting from redhibitory defects must be brought by the CUSTOMER within two (2) years of the discovery of the defect (Paragraph 1 of Article 1648 of the French Civil Code).
Art 13. Responsibility
The SELLER may not be held liable in the event of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, in particular during order entry.
The SELLER may not be held responsible, or considered as having failed to comply with the present terms, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.
It is further specified that the SELLER has no control over websites that are directly or indirectly linked to the WEBSITE. Consequently, the SELLER accepts no liability for the information published on these sites. Links to third-party websites are provided for information purposes only, and no guarantee is given as to their content.
Art 14. Force majeur
The SELLER may not be held liable if the non-performance or delay in performance of any of its obligations described in these Terms and Conditions is due to force majeure.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling its obligation.
If the impediment is temporary, performance of the obligation is suspended, unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is terminated ipso jure and the parties are released from their obligations under the conditions set out in articles 1351 and 1351-1 of the French Civil Code.
In this respect, the SELLER may not be held liable, in particular, in the event of hacker attacks, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, or in the event of any circumstance or event beyond the SELLER's control occurring after the conclusion of the Terms and Conditions and preventing performance under normal conditions.
It is specified that, in such a situation, the CUSTOMER may not claim the payment of any indemnity and may not bring any action against the SELLER.
Should any of the above events occur, the SELLER will endeavor to inform the CUSTOMER as soon as possible.
Art 15. Personal data
On the WEBSITE, the SELLER collects personal data concerning its CUSTOMERS, including by means of cookies. CUSTOMERS may deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the WEBSITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has expressly chosen this option, send him or her commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CUSTOMER's data is kept confidential by the SELLER for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by e-mail.
Data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that the latter have expressly given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS whether they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
In accordance with Law No. 78-17 of January 6, 1978 on data processing, data files and individual liberties and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as RGPD), the SELLER ensures the implementation of the rights of the persons concerned.
Customers whose personal data is processed are reminded that they have the right to access, rectify, update, port and delete information concerning them, in accordance with the provisions of Articles 39 and 40 of the amended French Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Regulation on the Protection of Individuals (RGPD).
In accordance with the provisions of article 38 of the amended Data Protection Act and the provisions of article 21 of the RGPD, the CUSTOMER may also, on legitimate grounds, object to the processing of data concerning him or her, without reason and at no cost.
The CUSTOMER may exercise these rights by sending an e-mail to the address: contact@swissbiolab.eu or by sending a letter to SwissBioLab EU, 4, rue Alfred Bastin, 74100 Annemasse, France.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
Art 16. Complaints
The SELLER provides the CUSTOMER with a "Customer Service" which can be reached by e-mail at contact@swissbiolab.eu. Any written complaint by the CUSTOMER must be sent to the following address: SwissBioLab EU, 4, rue Alfred Bastin, 74100 Annemasse, France.
Art 17. Intellectual property
All visual and audio elements of the WEBSITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the WEBSITE must request authorization from the SELLER in writing.
Under no circumstances will the SELLER's authorization be granted on a permanent basis. The link must be removed at the SELLER's request. Hypertext links to the WEBSITE using techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the SITE and its contents, by any process whatsoever, without the prior express authorization of the SELLER, is prohibited and will constitute an infringement punishable by articles L.335-2 et seq. and articles L.713-1 et seq. of the French Intellectual Property Code.
Acceptance of these Terms & Conditions constitutes recognition by the CUSTOMER of the SELLER's intellectual property rights and an undertaking to respect them.
Art 18. Validity of the Terms and Conditions
Any change in current legislation or regulations, or any decision by a competent court invalidating one or more clauses of these Terms and Conditions shall not affect the validity of these Terms and Conditions. Any such modification or decision shall in no way authorize CUSTOMERS to disregard these Terms and Conditions.
Any terms and conditions not expressly dealt with herein shall be governed in accordance with usage in the retail sector, for companies whose registered office is located in France.
Art 19. Modification of the Terms and Conditions
These Terms and Conditions apply to all purchases made online on the WEBSITE, as long as the WEBSITE is available online.
The Terms and Conditions are dated precisely and may be modified and updated by the SELLER at any time. The Terms and Conditions applicable are those in force at the time of the order.
Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.
Art 20. Jurisdiction and applicable law
THESE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW.
IN THE EVENT OF A DISPUTE, THE FRENCH COURTS SHALL HAVE EXCLUSIVE JURISDICTION.
However, prior to any recourse to an arbitral or state judge, the CUSTOMER is invited to contact the SELLER's complaints department.
If no agreement is reached, or if the CUSTOMER proves that he/she has previously attempted to resolve his/her dispute directly with the SELLER by means of a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith, with a view to reaching an amicable agreement in the event of any dispute relating to the present contract, including those concerning its validity.
To initiate mediation, please contact us at contact@swissbiolab.eu.
The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute.
Since mediation is not compulsory, the CUSTOMER or SELLER may withdraw from the process at any time.
SHOULD MEDIATION FAIL OR NOT BE ENVISAGED, THE DISPUTE WHICH MAY HAVE GIVEN RISE TO MEDIATION WILL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE.
Appendix 1 - Withdrawal policy
Principle of withdrawal
In principle, the CUSTOMER has the right to withdraw from the contract by returning or returning the PRODUCT to the SELLER.
To do so, the PRODUCT must be returned or restituted without undue delay, and at the latest within fourteen (14) days following communication of the decision to withdraw, unless the SELLER offers to collect the PRODUCT himself.
Withdrawal period
In accordance with article L.221-18 of the French Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.
If the CUSTOMER has ordered several PRODUCTS in a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT delivered.
If the CUSTOMER's order covers several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT.
Notification of right of withdrawal
In order to exercise their right of withdrawal, and in accordance with Article L.221-21 of the French Consumer Code, the CUSTOMER must notify their decision to withdraw by means of an unambiguous statement (e.g. letter sent by post or e-mail) to : SwissBioLab EU, 4, rue Alfred Bastin, 74100 Annemasse, France or contact@swissbiolab.eu.
In order for the withdrawal period to be respected, the CUSTOMER must send his communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
Withdrawal form
In order for the withdrawal period to be respected, the CLIENT must transmit his communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period. The CLIENT may complete and return this form if he/she wishes to withdraw from the contract.
Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all sums paid, including delivery costs (with the exception of additional costs arising, where applicable, from the CUSTOMER's choice of a delivery method other than the standard delivery method proposed by the SELLER) without undue delay and, in any event, no later than fourteen (14) days from the date on which the SELLER receives the returned PRODUCT (Article L.221-24 of the French Consumer Code).
The SELLER will make the refund using the same means of payment that the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means. In any event, this refund will not incur any costs for the CUSTOMER.
The SELLER is not obliged to reimburse additional costs if the CUSTOMER has expressly chosen a delivery method that is more expensive than the standard delivery method proposed by the SELLER.
The SELLER may defer reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, whichever occurs first.
Return procedure
The CUSTOMER must, without undue delay and in any event no later than fourteen (14) days after communicating its decision to withdraw from this contract, return the goods to the following address:
- for EU CUSTOMERS: SwissBioLab EU, p/a SAS VERRERIES TALANCONNAISES, Parc d'activités de Montfray,130 Allée des Pierrones, 01480 Fareins, France
- for CH & LI CUSTOMERS: SwissBioLab, Kurparkstrasse 22, 3954 Leukerbad, Switzerland
This period is deemed to have been respected if the CUSTOMER returns the goods before the fourteen (14) day period has expired.
Return costs
The CUSTOMER shall bear the direct cost of returning the good.
In the event that the weight of the PRODUCT prevents the CUSTOMER from returning the PRODUCT by post, the CUSTOMER shall bear the direct cost of returning the good.
Condition of returned goods
The PRODUCT must be returned in accordance with the SELLER's instructions and include all accessories delivered.
The CUSTOMER shall only be liable for any depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CLIENT may test the PRODUCT, but may be held liable for any manipulations other than those necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made to the CUSTOMER's specifications or clearly personalized.
- Supply of goods likely to deteriorate or expire rapidly
- Supply of sealed audio or video recordings or software which have been unsealed after delivery
- Newspapers, periodicals, magazines (except subscription contracts)
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance
- Supply of goods which by their nature are inseparably mixed with other items.
- the supply of sealed goods that cannot be returned for health or hygiene reasons, and which have been unsealed by the CUSTOMER after DELIVERY
- the supply of alcoholic beverages, the price of which has been agreed at the time of the conclusion of the sales contract, the delivery of which can only be made after 30 days, and the actual value of which depends on market fluctuations beyond the SELLER's control.
- Supply of digital content not supplied in dematerialized form if performance has begun with the express prior agreement of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal.
- contracts concluded at a public auction
Appendix 2 - DELIVERY conditions
DELIVERY area
The PRODUCTS offered can only be delivered within the TERRITORY.
It is impossible to place an order for any delivery address outside this TERRITORY.
PRODUCTS are shipped to the delivery address(es) indicated by the CUSTOMER during the order process.
Shipping times
The lead times for preparing an order and then issuing an invoice, prior to shipment of PRODUCTS in stock, are indicated on the WEBSITE. These times do not include weekends or public holidays.
An e-mail message will automatically be sent to the CUSTOMER when the PRODUCTS are dispatched, provided that the e-mail address given in the registration form is correct.
DELIVERY time & costs
During the ordering process, the SELLER indicates to the CUSTOMER the possible delivery times and shipping methods for the PRODUCTS purchased.
Shipping costs are calculated according to the DELIVERY method. The amount of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS purchased.
Delivery times and costs are detailed on the WEBSITE.
In the absence of any indication or agreement as to the delivery date, the SELLER shall deliver the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract (Article L.216-1 of the French Consumer Code).
DELIVERY methods
In Metropolitan France DELIVERY by Collissimo without signature.
In the rest of the EU, the parcel will be delivered to the CUSTOMER against signature. In the event of absence, a delivery notice will be left for the CUSTOMER to pick up the parcel at the post office.
DELIVERY problems
The CUSTOMER is informed of the DELIVERY date at the end of the online ordering procedure, before confirming the order.
It is specified that DELIVERIES will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must give the SELLER formal notice to deliver within a reasonable period, and in the event of non-delivery within this period, the CUSTOMER may terminate the contract.
The SELLER will reimburse the CLIENT, without undue delay after receipt of the letter of termination, the total amount paid for the PRODUCTS, including taxes and DELIVERY charges, by the same method of payment used by the CUSTOMER to purchase the PRODUCTS.
The SELLER is responsible until the PRODUCT is delivered to the CUSTOMER. It is reminded that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during DELIVERY.