Terms and Conditions
GENERAL INFORMATION
The boutique.phyto5.com, hereafter PHYTO 5 is operated by Laboratoire Gibro SA / Entre-deux Rivières 10 / CH-2114 Fleurier / Switzerland (registered in the trade register of the Canton of Neuchâtel). The contact email address is [email protected]. The support phone number is 41 32 552 02 90.
Any order taken for a product on sale on the PHYTO 5 is based on the assumption that the buyer has read and accepted these terms and conditions beforehand.
Consequently, any buyer wishing to order on line acknowledges that he/she is fully aware of the fact that his/her agreement to the contents of these terms and conditions does not require his/her handwritten signature of this document.
The buyer may save or print these terms and conditions, it being understood that both saving and printing of the said document are his/her sole responsibility.
As far as we are concerned, we undertake to give you, whenever practical, the following information:
1. The accurate identification of the company.
2. The essential features of items for sale and their use.
3. The prices of items in Swiss Francs (CHF), euro or US dollars.
4. The conditions of payment and order fulfilment as well as the delivery charges.
5. The existence of a legal right of revocation.
Objects displayed on commercial illustrations are not delivered with the items.
Any dispute arising in connection with the PHYTO 5 website operation shall be governed by the general sales conditions set out below. If, in spite of everything, the dispute remains unresolved, we shall personally seek a “non adversarial” solution.
Where appropriate, the courts of the Canton of Neuchâtel / Switzerland shall be the only competent courts.
GENERAL SALES CONDITIONS
Article 1: Entirety
These general sales conditions constitute the entire obligations of the parties. Hence, the buyer is deemed to have accepted the full clauses provided for in these general sales conditions without reserve. No general or specific condition set out in the documents sent or given by the buyer may be incorporated herein, in as much as the said documents are inconsistent with these general sales conditions.
Article 2: Purpose
These general sales conditions aim to define the rights and obligations of the parties with respect to the online sales of goods and services which are proposed to the buyer by PHYTO 5.
Article 3: Contractual documents
This contract contains the following contractual documents, ordered by decreasing importance: these general sales conditions and the online order form. In case of contradiction between provisions contained in documents of different ranks, the provisions of the higher rank document shall prevail.
Article 4: Effective date and duration
These general sales conditions shall become effective from the date of the sending of the online order. They shall remain in force during all the time necessary to provide subscribed goods and services, until the expiry of the guarantees due by PHYTO 5.
Article 5: Electronic signature
The last “click” of the buyer on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6: Order confirmation
The contractual information will be confirmed by e-mail not later than the delivery date or, failing that, at the address indicated by the buyer on the order form.
Article 7: Proof of the transaction
The computerized records, kept reasonably safely in PHYTO 5’s computer systems, shall be considered as proofs of the communications, orders and payments that occurred between the parties. The archiving of order forms and invoices is made on a reliable and durable medium that may be issued as a proof.
Article 8: Information about products/stock
8-a: On its website, PHYTO 5 displays the products for sale with all the necessary information enabling the potential buyer to know the essential features of the products he/she intends to buy before placing a definitive order.
8-b: Offers presented by PHYTO 5 are valid only while stock lasts. PHYTO 5 shall in no event be held responsible for any product being undeliverable, out-of-stock or sold out.
8-c: PHYTO 5 reserves the right to change and replace products depending on its suppliers’ catalogues.
8-d: The pictures displayed on the website are not contractual.
Article 9: Pricing
Prices are indicated in Swiss francs (CHF), euro and US dollars and are only valid at the date when the buyer sends the order form. They do not include delivery charges, which are charged as extra costs and are indicated before the validation of the order.
Full payment must be made upon ordering, and in any event before shipping the ordered items. At no time any monies received may be considered as a deposit or a down payment.
Article 10: Method of payment
To pay his/her order, the buyer may choose between all the methods of payment proposed on the online order form. The buyer guarantees PHYTO 5 that he/she has the authorizations required to use the chosen method of payment, upon validating the order form. PHYTO 5 reserves the right to suspend any order procedure or any delivery if authorization of payment by debit card is denied by any certified financial institution or in case of non-payment of the order. PHYTO 5 specifically reserves the right to refuse to carry out a delivery or to honour an order coming from a buyer who has not fully paid an order or with whom a dispute is underway. PHYTO 5 has implemented an order check-out procedure to insure no one is using someone else’s banking information without their knowledge. PHYTO 5 reserves the right to use this procedure if any doubt arises with regard to the client’s legitimacy. With respect to this check-out, the client shall be required to fax PHYTO 5 a copy of an identification paper with a proof of domicile. Our services shall validate the order only after receiving and checking out papers sent by the buyer.
Article 11: Availability of products
The order shall be fulfilled within 5 working days as of the date when the buyer placed it. If the ordered product is unavailable, especially because of our suppliers, the buyer shall be informed thereof as soon as possible and shall have the possibility to cancel his/her order. The buyer may then request a refund within 30 days after the payment date or order a replacement product.
Article 12: Delivery arrangements
Products shall be delivered at the address indicated by the buyer on the order form. The buyer undertakes to check the physical condition of the goods upon delivery. He/she shall inform PHYTO 5 by e-mail within 5 days after delivery of any defects noticed.
Article 13: Delivery problems due to carrier
Any defect concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken product…) should imperatively be mentioned on the delivery slip in the form of “handwritten reserves” signed by the client. At the same time, the buyer shall confirm this defect by sending the carrier the said claims by registered mail, within PHYTO 5 after the delivery date. The buyer shall send a copy of this mail to Glam Communication S.A. / Entre-deux-Rivières 10 / CH-2114 Fleurier / Switzerland.
Article 14: Delivery error
14-a: The buyer shall report, within 5 days after delivery, any claim concerning delivery errors and/or non-compliance of the products (regarding their nature or quality) compared to the indications mentioned on the order form. Any claim submitted after this time limit shall be rejected. To have the right to return the product on account of a delivery error, the buyer shall in no event have unsealed, opened or used the item.
14-b: The submission of this claim to PHYTO 5 shall be exclusively done by e-mail.
14-c: Any claim not submitted according to the aforementioned rules and time periods shall not be taken into account and shall relieve PHYTO 5 of any liability towards the consumer.
Article 15: Product guarantee
The provisions herein shall in no case deprive the buyer of the legal guarantee compelling the professional vendor to protect, defend and indemnify him/her against all the consequential damages arising out of or in connection with any latent defects of the sold product. The buyer is expressly informed that PHYTO 5 is not the maker of the products presented within the PHYTO 5 website regarding liability for defective products. Consequently, in case of any bodily injury or property damage due to a defective product, the buyer shall contact the maker of the said product, based on the information mentioned on the packaging, who shall be the sole responsible party.
Article 16: Act of God
Neither party shall be liable for failing to perform its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event or an act of God. A fortuitous event or an act of God shall be defined as any fact or circumstance compelling, exterior to the parties, unpredictable, unpreventable, independent of the will of the parties and not preventable by them, despite all the efforts reasonably possible. The party affected by such circumstances shall notify the other within 5 days following the date it becomes aware thereof. The two parties shall contact each other within 10 days unless the act of God renders it impossible, in order to examine the impact of the event and agree on the conditions under which the execution of the contract terms shall be continued. If the act of God lasts more than 30 days, the aggrieved party shall be entitled to terminate these general sales conditions. Explicitly, are considered as acts of God or fortuitous events, besides those usually considered as such by the law: blockage of means of transport or of supplies, earthquakes, fires, storms, floods, thunderbolt; disruption of telecommunication networks or difficulties specific to telecommunication networks beyond the clients’ control.
Article 17: Partial non-validation
If one or several provisions of these general sales conditions are considered or declared invalid in application of a law, a regulation or the final decision of any competent jurisdiction, the other provisions shall remain in full force and effect.
Article 18: Governing law
These general sales conditions are governed by Swiss law and particularly by the Code of Obligations, which governs things not expressly mentioned in these general sales conditions. It applies to substantive rules as well as to procedural rules. If any dispute or claim arises, the buyer shall preferably turn to PHYTO 5 in order to seek a non adversarial solution. Thereafter and in the event of an appeal, the buyer shall be entitled to file a claim with the courts of the Canton of Neuchâtel.
Article 19: Computer science and liberties
The information asked to the buyer is necessary for his/her order processing and may be exclusively communicated to PHYTO 5’s contractual partners involved in the fulfilment of the said order. The buyer may write to PHYTO 5 to exercise his/her rights of access and rectification on his/her personal information contained in PHYTO 5’s files.
These general sales conditions are written in English language. The buyer declares he/she has full legal capacity to commit himself/herself under the provisions of these general sales conditions.