APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
The General Terms and Conditions of Sale set forth below apply to all orders for products and services placed through the website www.patburgener.ch. The customer must review the General Terms and Conditions of Sale prior to placing any order; these terms are available on the website. Pat Burgener or its representativesreserve the right to amend or modify these General Terms and Conditions of Sale at any time; the version of the General Terms and Conditions of Sale applicable to any sale is the one posted online at www.patburgener.ch at the time the order is placed. Consequently, placing an order requires the customer’s full and unconditional prior acceptance of these Terms and Conditions by clicking the button “I have read and accept the Terms and Conditions.”
SITE INFORMATION AND SITE ACCESSIBILITY
www.patburgener.ch is an e-commerce website owned and operated by Wabs Sàrl. The website is open to all Internet users and is generally accessible 24 hours a day, 7 days a week, except in the event of an interruption—whether scheduled or unscheduled—by Pat Burgener or its service providers for maintenance purposes or in cases of force majeure (as defined herein). Pat Burgener or its representativesshall not be held liable for any damages, of any nature whatsoever, resulting from the unavailability of the site. Pat Burgener and its representatives do notguarantee that the site will be free of anomalies, errors, or bugs, nor that the site will operate without failure or interruption. In this regard, Pat Burgener may freely determine, at its sole discretion, any period during which the website or its content may be unavailable. Pat Burgener or its representativesshall also not be held liable for any issues related to data transmission, connectivity, or network unavailability.
REGISTRATION ON THE WEBSITE
To place an order, the customer must first register on the website by creating an account containing the customer’s information. The customer’s registration on the website is validated byPat Burgener’srepresentatives after verification of the standard form completed by the customer. The customer receives an email confirming registration. When creating an account, the customer must ensure that the information provided is accurate and complete. The customer is required to keep their personal information up to date at all times. In the event of an error in the recipient’s address details, Pat Burgener or its representativesshall not be held liable for any failure to deliver products. By registering on the website, the customer represents and warrants to Pat Burgener and its representatives that they are of legal age and have the legal capacity to enter into a contract. Pat Burgener or its representativesmay 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, in particular, by the Federal Data Protection Act (FDPA of June 19, 1992—as of January 1, 2014). All elements of thePat Burgener website are and remain the exclusive intellectual property ofPat Burgener. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever—even partially—any elements of the website, whether software or visual content. The content of the website www.patburgener.ch, including text, graphics, photos, and other illustrations of any kind, is protected by trademark law. Any use of the Pat Burgenertrademark and/or its logo in any form or manner whatsoever is prohibited without the prior written consent of the author.
PERSONAL INFORMATION
The information requested from the buyer is necessary to process their order and may be shared exclusively with Pat Burgener’s contractual partners involved in fulfilling that order. The buyer is solely responsible for access to and use of the login credentials (username, password) provided to them at the end of the registration process. The buyer is solely liable for any consequences that may result therefrom. The buyer’s personal data provided to Pat Burgener and its representativesis treated as confidential. Pat Burgener and its representativesundertake never to disclose such data to any third party.
DESCRIPTION OF ITEMS
The items offered for sale on the website www.patburgener.ch are described and presented as accurately as possible. If any errors occur, Pat Burgener or its representativesshall in no event be held liable for such errors. The photos of the items are for illustrative purposes only.
ORDER
The customer may select as many products as they wish, which will be added to the shopping cart. The shopping cart lists the products selected by the customer, along with their prices and associated fees. The customer may freely modify the shopping cart before confirming their order. Confirmation of the order constitutes the customer’s acceptance of the Terms and Conditions, the purchased products, their prices, and the associated fees. A confirmation email summarizing the order (products, prices, product availability, quantity, etc.) will be sent to the customer by Pat Burgener. To this end, the customer expressly agrees to the use of email to confirm the contents of their order. Invoices are available in the “My Account” section of the website. Pat Burgener or its representatives reservethe right to refuse a purchase order if the desired product is out of stock.
PRICES AND PAYMENT TERMS
The prices listed are displayed in Swiss francs, including VAT, or in euros, excluding tax. They do not include shipping costs or any other applicable taxes, such as customs duties, fees, or miscellaneous taxes, which must be paid by the buyer. Pat Burgenerreserves the right to change its prices at any time, but products will be billed based on the prices in effect at the time the order is placed, subject to availability. Payment is due at the time of order. The buyer may pay for their order via PayPal’s secure electronic payment system or by credit card (Visa, Mastercard, or American Express).
DELIVERY
Pat Burgener ships throughout Switzerland and worldwide within the following timeframes: – 2–3 business days in Switzerland – 2–5 business days in Europe – 12 business days to the rest of the world. Pat Burgener or its representativesare not liable for any damaged or lost items or for any delays in delivery. Delivery is made by the postal service via tracked mail to the address provided by the buyer at the time of order. Delivery is made to the shipping address provided by the customer, provided that this is the customer’s residential address, the address of a natural person of their choice, or the address of a legal entity (delivery to their business). Delivery cannot be made to hotels or P.O. boxes. Otherwise, the product will be returned to Pat Burgener’s warehouse.
Customers can also choose the “Click & Collect” option and pick up their order at our office at 14 Rue du Midi in Lausanne.
RIGHT OF RETURN AND REFUND
The buyer is authorized to return the Pat Burgener item within 7 days of receiving the order. You must first notify us of the return by email at the following address: marc-antoine.burgener@hotmail.com. You are responsible for returning the product. Regarding return shipping costs, please scan your receipts and email them to marc-antoine.burgener@hotmail.com with the subject line: RETURN and your order number. Upon receipt of your email, the full amount of your return shipping costs will be refunded in the form of a gift card valid for one year on our online store. Pat Burgener then undertakes to refund the value of the item to the buyer as soon as possible, provided that Pat Burgenerhas been able to recover the products originally delivered. Pat Burgener will process the refund using the same payment method used for the original transaction. Pat Burgenerdoes not accept returns of non-defective items that have been worn, used, and/or are missing their original packaging. In such cases, the items will be returned to the buyer at the buyer’s own expense and under the buyer’s responsibility, and no refund will be issued. In the event of a return, Pat Burgener asks the buyer to follow the procedure below: – carefully pack the item in a box or bubble wrap envelope – send the package via mail as a signed-for shipment – it is important that the buyer keep the tracking number to monitor the shipment’s progress – the package must be addressed to Wabs Sàrl, Rue du Midi 14, 1003 Lausanne, SWITZERLAND. Sale items cannot be returned or exchanged. Return shipping costs are covered by Pat Burgenerif 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 from the use of the website www.patburgener.ch is governed by Swiss law. These Terms and Conditions are governed by Swiss law and, in particular, by the Swiss Code of Obligations, which governs matters not expressly covered by these Terms and Conditions. This applies to both substantive and procedural rules. In the event of a dispute or complaint, the buyer shall first contact Pat Burgenerto seek an amicable resolution.