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 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 representativesreserve the right to amend or modify these 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 website 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 Internet users and is, in principle, 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 the event of force majeure (as defined herein). Pat Burgener or its representativescannot be held liable for any damage, of any nature whatsoever, resulting from the unavailability of the site. Pat Burgener and its representativesdo not guarantee that the site will be free of anomalies, errors, or bugs, nor that the site will function without failure or interruption. In this regard, Pat Burgener and its representatives may freely determine, at their sole discretion, any period during which the website or its content is unavailable. Pat Burgener or its representativescannot be held liable for problems related to data transmission, connection, or network unavailability.
SITE REGISTRATION
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 ofPat Burgenerafter reviewing the standard form completed by the customer. The customer will receive an email confirming registration. When creating an account, the customer must ensure that the information provided is accurate 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 information, Pat Burgener or its representativescannot be held responsible for any failure to deliver products. By registering on the website, the customer represents and warrants to Pat Burgener and its representatives that he or she is of legal age and has 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 by the Federal Data Protection Act (LFD 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, 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 website, 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 processing the order and may be disclosed exclusively to Pat Burgener ’s contractual partners involved in fulfilling the order. The purchaser is solely responsible for accessing and using the login credentials (username, password) provided to him or her at the end of the registration process. He or she shall be solely liable for any consequences arising therefrom. The purchaser’s personal data provided to Pat Burgener and its representativesis treated confidentially. Pat Burgener and its representativesundertake never to disclose 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 representativescannot be held responsible for any errors that may occur. Photos of items are for informational purposes only.
ORDER
The customer may select as many products as he or she wishes, which will be added to the shopping cart. The shopping cart displays a summary of the products selected by the customer, along with their prices and fees. The customer may modify the shopping cart before placing the order. Placing the order confirms the customer’s acceptance of the Terms and Conditions, the products purchased, their prices, and the associated fees. 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 agrees to the use of email to confirm the contents of his or her order. Invoices are available in the “My Account” section of the website. Pat Burgener or its representatives reservethe 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 shipping charges or any other taxes, such as customs duties or other levies, which must be paid by the purchaser. Pat Burgenerreserves the right to change its prices at any time, but products will be invoiced based on the prices in effect at the time the order is placed, subject to availability. Payment 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 timeframes: – 2–3 business days in Switzerland – 2–5 business days in Europe – 12 business days in the rest of the world. Pat Burgener or its representativescannot be held responsible for damaged or lost items, or for delays in delivery. Delivery is made by courier with a tracking number to the address provided by the purchaser at the time of ordering. Delivery is made to the delivery address specified by the customer, provided that this is the customer’s residential address, the address of a natural person of the customer’s choice, or the address of a legal entity (delivery to the customer’s company). Delivery cannot be made to hotels or post office boxes. Otherwise, the product will be returned to Pat Burgener’swarehouse.
Alternatively, customers can choose the “Click & Collect” option and pick up their order at our office at 14 Rue du Midi, Lausanne.
RIGHT OF RETURN AND REFUND
The purchaser is entitled to return the ordered item to Pat Burgener within 7 days of receiving the order. The return must be notified in advance by email to the following address: marc-antoine.burgener@hotmail.com. The buyer is responsible for returning the product. For return shipping costs, we suggest you scan the receipts and send them to us at marc-antoine.burgener@hotmail.com with the following email subject line: RETURN and your order number. Once we have received your email, we will reimburse the full cost of your return in the form of a gift certificate valid for one year in our online store. Pat Burgener will then refund the value of the item to the purchaser as soon as possible, provided that Pat Burgenerhas been able to recover the products originally delivered. Pat Burgener will issue a refund using the same payment method used for the transaction. Pat Burgenerdoes not accept returns of non-defective items that have been worn, used, and/or are missing their original pouch. In such cases, the items will be returned to the purchaser at the purchaser’s own expense and risk, and no refund will be issued. In the event of a return, Pat Burgener asks the purchaser to follow this procedure: – carefully pack the item in a package or bubble envelope – send the package by mail, requiring a signature upon delivery – it is important that the purchaser keep the tracking number so they can track its progress – the package should be addressed to Wabs Sàrl, Rue du Midi 14, 1003 Lausanne, SWITZERLAND. Sale items cannot be returned or exchanged. Pat Burgeneris 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 governed by Swiss law. These general terms and conditions are governed by Swiss law, and in particular by the Swiss Code of Obligations, which governs all aspects not expressly mentioned in these general terms and conditions. This applies to both substantive and procedural rules. In the event of a dispute or complaint, the purchaser should first contact Pat Burgenerto seek an amicable resolution.