ONLINE GENERAL TERMS & CONDITIONS OF SALE
Address in Switzerland:
Pra de Plan 18
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.
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 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.
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.
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.
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.
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.
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.
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
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)
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.
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
• administration fees
• 12-month repair warranty
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.