General conditions & confidentiality
ONLINE GENERAL TERMS & CONDITIONS OF SALE
GENERAL REMARKS
Address in Switzerland:
Laurastar SA
Pra de Plan 18
CH-1618 Châtel-St-Denis
Tel.: +41 21 948 21 00
Fax: +41 21 948 28 99
These terms and conditions of sale apply to online sales from Laurastar
SA (hereinafter referred to as "Laurastar") and are intended for the
attention of the end user (hereinafter referred to as "the Purchaser")
who buys goods for non-business purposes. The Purchaser must always
read the online general terms and conditions of sale before placing an
order online. Any order implies unreserved acceptance of these terms.
These online general terms and conditions of sale govern contractual
relations between Laurastar and the Purchaser who accept them
unreservedly as exclusively applicable, even if they conflict with any
terms and conditions used by the Purchaser. It is stipulated that
products are intended for personal use by the Purchaser, to the
exclusion of any professional activity involving the resale of
products. Laurastar may amend the online sales terms and conditions at
any time. Sales terms in force on the date the sale is agreed apply to
current contracts.
THE CONTRACT
Purchasers placing an order on the Laurastar website must be at least
18 years old and have full legal capacity or hold parental consent
authorising them to place an order on the website. The contract between
Laurastar and the Purchaser becomes effective only if the Purchaser has
placed an order online and if Laurastar has confirmed this order by
e-mail. The confirmation e-mail sent by Laurastar constitutes the
Purchaser’s acceptance of the order and thus forms the sales
contract between Laurastar and the Purchaser. Once the order is
confirmed by Laurastar, the Purchaser will no longer be able to amend
or cancel the order. The right of exchange shall remain applicable.
Laurastar reserves the right to refuse an order placed by a Purchaser
with whom it has an outstanding dispute relating to a previous order.
The pictures featured on the Laurastar website are for illustration
purposes only and may not form the basis of any claim whatsoever on the
part of the purchaser.
RETENTION OF TITLE
Laurastar retains ownership of the goods delivered until full payment
of the sale price has been received in compliance with the contract.
The Purchaser is obliged to observe any measures taken to protect
Laurastar’s right of ownership. S/he authorises Laurastar to
register retention of title in the required format and to complete all
the necessary formalities, at his or her own expense. For the duration
of the retention of title, the Purchaser shall keep the goods in an
appropriate condition and ensure that no infringement of
Laurastar’s property rights occurs.
PRICES
Prices quoted in the e-shop are in Swiss francs (CHF). They are
inclusive of all taxes and do not include handling and shipment costs
which will be invoiced separately. All orders are payable in Swiss
francs (CHF) exclusively. LAURASTAR reserves the right to amend its
prices at any time. When an order is submitted, the price in effect on
the date the order is placed, shown on the order confirmation, is
applicable to this online sale. The maximum order amount is 5,000 Swiss
francs. Shipping costs are automatically added to the cost of the goods
ordered, based on the weight of these goods.
PAYMENT
Orders placed online may be paid for using Ogone.
DELIVERY LEAD TIMES
Laurastar undertakes to deliver the goods ordered as quickly as
possible. The average delivery lead time for goods in stock is 1 to 5
working days following payment. These delivery lead times are
indicative only and do not constitute an essential condition of sale.
If, at the time the order is placed, the goods are not in stock,
Laurastar will inform the Purchaser at the earliest opportunity by
e-mail. As soon as the goods are available for delivery, they will be
shipped to the Purchaser. Laurastar accepts no responsibility for
delays.
RIGHT OF EXCHANGE
In the event that the Purchaser orders the wrong product, s/he is
entitled to a right of exchange within ten days of the goods being
received, subject to the following conditions: Any exchange must first
be notified in writing to Laurastar. Only fully intact, unused goods in
their original packaging and ready for sale may be returned. Laurastar
will refund the amount(s) paid, with the exception of shipping costs.
The money will be returned to the bank account corresponding to the
payment card used by the Purchaser to complete the transaction. If a
new item is to be dispatched as a replacement, this will be done by
placing a new order though the e-shop.
RETURNS AND CLAIMS
It is the Purchaser’s responsibility to check the goods
immediately on delivery and to notify any written reserves and claims
regarding defects, non-compliance or damage caused in transit. Such
written reserves and claims (which must include the reason(s) cited)
must be sent to Laurastar in writing at the earliest possible
opportunity but no later than within fourteen (14) days of delivery
where the complaint will be followed up.
FORCE MAJEURE
Neither party is responsible for the failure to complete the contract
for reasons that are beyond their reasonable control (force majeure),
notably: strikes, acts of terrorism, wars, supplier, transport or
production problems, fluctuations in exchange rates, acts of public
authority, natural disasters. Both parties will be entitled to a
reasonable additional period in which to complete the contract,
however, if such circumstances continue for more than 60 days, the
contract may be terminated by giving written notice by either party,
without liability for compensation.
DATA PROTECTION
It is essential to obtain and store personal information that is
collected within the scope of distance selling, as this information is
needed to process and deliver orders, and to prepare invoices. Such
personal information is strictly confidential. Failure to disclose
requested personal information implies the automatic cancellation of
the order. Laurastar undertakes to comply with legal provisions
relating to data security and protection.
APPLICABLE LAW / JURISDICTION
All contracts are subject to Swiss law. Any dispute arising between the
parties will be settled by the courts with jurisdiction in the Canton
of Fribourg. The Vienna Convention on contracts for the international
sale of goods is not applicable. The place of jurisdiction shall be the
court of jurisdiction for the headquarters of Laurastar.
Made in Châtel-St-Denis, the 16th April 2014.
SECURITY
SSL is the abbreviation for "Secure Sockets Layer", the most widely
used encryption process on the Web. Thanks to SSL encryption, all of
the information exchanged between your browser (e.g. Internet Explorer,
Netscape...) and our Internet site server is inaccessible to third
parties. SSL guarantees the security of bank transactions on the
Internet. SSL is identifiable by the user in the sense that no
manipulation will be asked of you in order to navigate around a SSL
secured Web site. You can also identify a SSL connection by the address
line in your navigator bar starting with https://... instead of
http://.... Furthermore, a closed padlock appears in the status bar of
your browser.
Your credit / debit card number is not retained in the sales records of
the site. This necessitates the re-entry of this information for future
orders.
USE & CONFIDENTIALITY
The use of this site implies the acceptance of the following terms and
conditions.
INTELLECTUAL PROPERTY
All trademarks and logos appearing on this site are the property of the
company Divelit Holding SA (hereinafter “Divelit”),
unless indicated otherwise. The Laurastar SA company (hereinafter
“Laurastar”) is authorized by Divelit to use the
trademarks and logos of which Divelit is the owner. No license or right
of use is assigned on any one of the said trademarks or logos appearing
on the site. Therefore, the said trademarks or logos may not be used
without the prior written consent of Divelit Holding. The Divelit
Holding company, which may or may not be represented by Laurastar,
reserves the right to bring suit against any acts of counterfeiting of
its intellectual property rights, including legal action under criminal
law.
Copyright: The information contained on this Site or in any publication made available on or through this Site is the exclusive property of Laurastar or is licensed to Laurastar and is protected by copyright and other proprietary rights. Nothing contained in this site may be reproduced, distributed or edited in any manner without the prior written authorisation of Laurastar.
Trademarks: This Site contains trademarks which are owned and registered by Divelit to distinguish its products. Laurastar is authorized by Divelit to use the trademarks of which Divelit is the owner. No licence or right to use any of these trademarks is hereby granted or implied. No reproduction is permitted without specific written authorisation from Divelit and/or Laurastar.
EXCLUSION OF RESPONSIBILITY
Laurastar updates the information presented on its Internet pages as
regularly as possible. However, some of the data presented may have
changed. Laurastar cannot, therefore, guarantee the state of updating,
accuracy and completeness of the information provided on the site. We
therefore advise you to check the data presented on the site before
making any use thereof. Moreover, Laurastar reserves the right to make,
at any time and without prior notice, changes or additions to the
Internet pages provided. We also recommend that you visit our site
regularly. All the information accessible through this site is provided
“as is”. The Laurastar company gives no guarantees,
either explicit or implicit, and accepts no responsibility resulting
from access to or use of this site, including any deterioration or
virus infection of the computer equipment or any other property of the
user. The users of this site accordingly declare that they are
accessing this site at their own risk and peril. Sites external to the
Laurastar company with a hypertext link to the present site are not
under the control of the Laurastar company, which therefore declines
all responsibility as to their content. In no case do such links to
other sites signify an approval or constitute a partnership arrangement
between Laurastar and the said sites, as the latter are subject to
their own conditions of use and policies for the protection of privacy.
Users access these sites at their own risk and peril.
ACCESS TO THE SITE
The Laurastar company reserves the right to modify, terminate, suspend
or interrupt, at any time, for any reason and at its sole discretion,
access to all or part of the site, including, in particular, the
content, functions or availability hours without prior notice. For your
remarks and suggestions on the site, please contact the webmaster by
e-mail at webmaster(at)Laurastar.com.
DATA PROTECTION
Laurastar guarantees compliance with Swiss legal requirements for data
protection as regards the processing of data concerning people or
business enterprises. When you consult our Internet site, we record
various kinds of information concerning you. Some data is entered by
you directly to record the services, e.g. your name, address and e-mail
address. Other non-personal data are recorded as part of the technical
processes, e.g. your IP addresses. You communicate other data to the
site when you order products or services, notably in Extranet mode or
when you contact us directly. These data are protected against access
by third parties who have no knowledge thereof. The user alone is
responsible for the accuracy of any information provided to Laurastar.
The site user accepts the utilization by Laurastar of these data for
its analysis needs, notably for statistical purposes (for example to
note on what days the greatest number of site accesses is recorded and
the data that is most frequently consulted). For such needs, the data
will be evaluated anonymously. Laurastar uses your personal data for
technical management purposes of the Internet site, for the management
of its own clientele, for surveys on its products and for its own
marketing needs, but only within the limits of what is strictly
necessary.
1. Laurastar will not pass on personal data to a third party
No transmission of your personal data to third parties outside of the
Laurastar company will take place without your authorization, except
for the data needed to execute your order (e. g. information
transmitted to the courier) or to carry out surveys. All personal
information is treated with absolute confidentiality.
2. Personal login name and password
When you register, you can choose your login name and password, giving
you exclusive access to your customer data.
3. Editing your account at any time
At any time you can access, change or erase your customer data such as
your delivery address, telephone number and e-mail address.
4. Use of Google Analytics
This website uses Google Analytics, a web analytics service provided by
Google, Inc. (“Google”). Google Analytics uses
“cookies”, which are text files placed on your
computer, to help the website analyze how users use the site. The
information generated by the cookie about your use of the website
(including your IP address) will be transmitted to and stored by Google
on servers in the United States. Google will use this information for
the purpose of evaluating your use of the website, compiling reports on
website activity for website operators and providing other services
relating to website activity and internet usage. Google will not
associate your IP address with any other data held by Google. You may
refuse the use of cookies by selecting the appropriate settings on your
browser, however, please note that if you do so you may not be able to
use the full functionality of this website. By using this website, you
consent to the processing of data about you by Google in the manner and
for the purposes set out above. You can revoke your agreement to the
future collection and storage of data at any time (with https://tools.google.com/dlpage/gaoptout?hl=en).
In view of the discussion concerning the use of analytical tools with
complete IP addresses, we would like to point out that this website
uses Google Analytics with the extension
“anonymizeIp()” so that IP addresses are only
processed further in abbreviated form to prevent them being directly
linked to a particular individual.” The use of these Internet
pages implies the acceptance by the user of the present provisions.
WEB COOKIES
In certain cases, we use web cookies. A web cookie is a little file
sent by the Web server to your Internet navigator and recorded in your
computer. We can thus recognize you when you next visit us. Web cookies
and similar techniques are also required for certain processes,
services and transactions, for example when you use the virtual basket
in an on-line shop. You can set your navigator so that a warning
message is displayed on the screen before web cookies are recorded, or
you can even choose to reject web cookies. You can also forego the
benefits of personal web cookies. In this case, you cannot use certain
services. We recommend that you to accept web cookies so that we can
structure our site for your use in the most convenient way. Otherwise,
Laurastar cannot guarantee your access to all the services offered on
the site.
ACCEPTANCE OF THE CONDITIONS OF USE AND CONFIDENTIALITY POLICY
By using this Internet site or any other Internet site belonging to
Laurastar, you confirm your acceptance of these Conditions of Use and
our Confidentiality Policy, and you accept the terms and conditions
displayed on the site. If that is not so, please refrain from using
this Internet site or please provide all your personal information.
This text is effective starting from 16th April 2014 for Laurastar.
GENERAL SERVICES CONDITIONS (GSC)
LAURASTAR WARRANTY
If an appliance marketed by Laurastar proves defective, Laurastar
accepts responsibility for the repair of these defects, in accordance
with the terms of cover specified out in its Warranty Booklet.
SERVICE / REPAIR WARRANTY
Laurastar offers a 12-month service / repair warranty, providing that
the service / repair is carried out at the Laurastar Repair Centre.
Laurastar does not offer a warranty for services / repairs that are not
carried out at the Laurastar Repair Centre.
AVAILABILITY OF SPARE PARTS
As Laurastar provides a manufacturer’s warranty on its
appliances, only spare parts, components and accessories that do not
require the disassembly of the appliance are available for purchase. If
it proves necessary to disassemble the appliance, a repair request must
be made to the Laurastar Customer Service.
REPAIR REQUEST PROCEDURE
For any repair request, please complete the repair request form and
follow the instructions provided. This form is available on the
Laurastar website or from the Laurastar Customer Service Department
(www.Laurastar.com). If these instructions are not adhered to,
Laurastar reserves the right to reject the returned appliance or to
charge a fee.
SERVICE / REPAIR SCHEDULE
Laurastar guarantees a lead time of no more than 15 calendar days
between the date the appliance is received (for service/repair) at a
Laurastar Collection Centre and the date the appliance is returned
(serviced/repaired) from a Laurastar Collection Centre. In the event
that this maximum lead time is exceeded, Laurastar undertakes to
exchange the appliance or issue a credit note for an amount equivalent
to its purchase price. Laurastar is not responsible for the time taken
for goods to be transported between its clients/partners and its
Collection Centres (postal delays, delays due to problems with other
transport companies, etc.). If this is the case, Laurastar will not
offer an exchange or issue a credit note.
REPAIRS
For repairs not covered by a warranty, Laurastar offers a repair
package service. This ensures a shorter repair cycle and simplifies the
procedure. Rates are determined by the age and model of the appliance.
The age of the appliance is defined by the date shown on the purchase
receipt, and failing this, by the production date indicated on the
appliance. Laurastar repair packages include:
• replacement of defective parts
• cleaning of the appliance
(rinse and polish)
• a thorough and preventive
inspection of the appliance
• shipping costs for the
appliance
• labour
• administration fees
• 12-month repair warranty
VALIDITY
Any previous agreement relating to points addressed in these GSC,
irrespective of its format, will lapse on the date these GSC come into
effect. Any amendment must be made in writing. Laurastar reserves the
right to amend these GSC without prior notice and at any time in order
to update them in line with requirements. Only the GSC valid on the
date a case is notified are applicable.
JURISDICTION AND APPLICABLE LAW
In the event of a dispute, the place of jurisdiction shall be the court
of jurisdiction for the headquarters of Laurastar. Swiss law is
applicable. The French version of these GSC shall prevail.
Châtel-St-Denis, 16th April 2014.