Terms of Sales
The on-line shop - Route de Taillepied1, 1095 Lutry, has been developed and is operated by Laboratoire Dr Paul et Karin Herzog SA, route de Taillepied 1, 1095 Lutry (registered with the business and trade register of the Canton of Vaud).
Anyone having decided to order a product that appears in the Laboratoire Dr. Paul et Karin Herzog SA on-line shop shall be deemed to have read and accepted these terms and conditions beforehand.
Consequently, a buyer who wishes to place an on-line order acknowledges that he or she is fully informed of the fact that his or her agreement concerning the contents of these general terms and conditions does not require the handwritten signature of this document.
The buyer can save or print these general terms and conditions, it being specified that both the saving and the printing of this document fall under his or her sole responsibility.
We undertake on our part to send all of the following information to you as far as possible:
Accurate identification of the company.
Presentation of the essential characteristics of the articles offered and their use.
Indication in Swiss Francs (CHF) of the articles.
Information on the methods of payment and on the execution of the order as well as the costs of delivery.
Information of the existence of a legal right of withdrawal.
The objects presented in the marketing illustrations are not supplied with these articles.
The "Karin Herzog" brand is the exclusive property of Laboratoire Dr Paul et Karin Herzog SA, route de Taillepied 1, 1095 Lutry.
Any disputes arising in the context of the use of the Laboratoire Dr Paul et Karin Herzog SA website will be managed by the general terms and conditions of sale below. Where appropriate, the courts of the Canton of Vaud will have sole jurisdiction.
GENERAL TERMS AND CONDITIONS OF SALE
Article 1: Entire Agreement
These general terms and conditions express the entire agreement of the obligations of the parties. In this sense, the buyer shall be deemed to accept without reservation all of the provisions laid down in these general terms and conditions. No general or specific condition contained in the documents sent or submitted by the buyer will be able to be incorporated herein, if these documents are incompatible with these general terms and conditions.
Article 2: Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties within the context of the on-line sale of the goods and services offered by Laboratoire Dr Paul et Karin Herzog SA to the buyer.
Article 3: Contractual Documents
This contract is made up of the following contractual documents, presented in descending order of importance: these general terms and conditions and the on-line order form. In the event of a contradiction between the provisions contained in documents of different priority, the provisions of the document of the higher priority will prevail.
Article 4: Entry into force - term
These general terms and conditions shall enter into force on the date of dispatch of the on-line order. These general terms and conditions are concluded for the term needed for the supply of goods and services purchased, up to the expiry of the guarantees due by Laboratoire Dr Paul et Karin Herzog SA.
Article 5: Electronic Signature
When the buyer "clicks" on the purchase order, this 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 subject to confirmation by e-mail no later than at the time of delivery or, failing which, to the address specified by the buyer on the purchase order.
Article 7: Evidence of the transaction
The computerised records, kept in the computer systems of Laboratoire Dr. Paul et Karin Herzog SA under reasonable secure conditions, will be deemed to be evidence of the communication, orders and payments that have occurred between the parties. The archiving of purchase orders and invoices shall be carried out on a reliable and durable medium that can be produced as evidence.
Article 8: Information on products/stock
8-a: Laboratoire Dr. Paul et Karin Herzog SA shall present on its website the products to be sold with the information needed to allow the potential buyer to find out, before making decision to order, the essential characteristics of the products he or she wishes to buy.
8-b: The offerings presented by Laboratoire Dr. Paul et Karin Herzog are valid only if stocks are available. Laboratoire Dr Paul et Karin Herzog can under no circumstances be liable for any product which can no longer be supplied, which is out of stock, or even sold out.
8-c: Laboratoire Dr. Paul et Karin Herzog reserves the right to modify and replace products according to its suppliers' catalogues.
8-d: The images that appear on the website are not contractual.
Article 9: Prices
Prices are indicated and invoiced in Swiss Francs (CHF), and are only valid on the date that the buyer sends the order. They do not take account of the costs of delivery which are invoiced separately, and which are specified before the order is confirmed.
Article 10: Method of Payment
The buyer can choose from all of the payment methods offered on the on-line order form to pay for his or her order. The buyer guarantees to Laboratoire Dr. Paul et Karin Herzog SA that he or she has the necessary permissions to use the method of payment that he or she has chosen when confirming the order. Laboratoire Dr. Paul et Karin Herzog SA reserves the right to suspend any processing of the order and any delivery in the event that credit card payment authorisation is refused by the officially accredited bodies, or in the event of non-payment for the order. Laboratoire Dr. Paul et Karin Herzog SA particularly reserves the right to refuse to carry out a delivery or to honour an order from a buyer who has not fully paid for an order or with whom a dispute is in progress. Laboratoire Dr. Paul et Karin Herzog SA has put in place a procedure to check orders which is intended to ensure that no person uses the bank details of another person without his or her knowledge. Laboratoire Dr. Paul et Karin Herzog SA reserves the right to use this procedure in the event of any doubt regarding the legitimacy of the customer. Within the context of this check, the customer will be asked to send, by fax, to Laboratoire Dr. Paul et Karin Herzog SA a copy of an identity document with proof of address. The order will only be validated once our departments have received and checked the documents sent.
Article 11: Availability of products
The order will be processed at the latest within a period of 3 working days, from the day following that on which the buyer has placed his or her order. In the event that the product ordered is not available, particularly because of our suppliers, the buyer will be informed as soon as possible and will have the opportunity to cancel his or her order. The buyer will then have the choice to request either the reimbursement of the sums paid within a period of 2 weeks at the latest from the date of payment, or the exchange of the product.
Article 12: Terms of delivery
The products shall be delivered to the address indicated by the buyer on the order form. The buyer undertakes to check the condition of the goods at the time of delivery. He or she shall inform Laboratoire Dr. Paul et Karin Herzog SA of any defects noted within a period of one week following delivery.
Article 13: Delivery problems because of the carrier
Any anomaly concerning delivery (damage, product missing compared to the delivery note, damaged package, product broken, etc.) must be indicated on the delivery note in the form of "handwritten observations", accompanied by the signature of the customer. The buyer must, in parallel, confirm this anomaly by sending such claims by registered mail to the carrier, within a period of one week following the date of delivery. The buyer must send a copy of this letter by mail to Laboratoire Dr Paul et Karin Herzog SA, route de Taillepied 1, 1095 Lutry.
Article 14: Delivery error
14-a: The buyer must formulate, within a period of one week following delivery, any claim, error of delivery and/or non-compliance of the products in nature, or in quality, in relation to the information that appears on the order form. Any claim submitted after this period will be rejected. To benefit from the right of return due to an error in delivery, the article must not under any circumstances have been unsealed, opened or used.
14-b: This claim should be formulated with Laboratoire Dr. Paul et Karin Herzog SA exclusively by email.
14-c: Any claim not made under the rules defined above and within the deadlines established will not be taken into account and will release Laboratoire Dr. Paul et Karin Herzog SA of any responsibility toward the consumer.
Article 15: Product Warranty
The provisions herein cannot deprive the buyer of the legal guarantee which obliges the professional seller to guarantee him or her against all consequences of latent defects in the item sold. Accordingly, in the event of damage caused to a person or to property by a defect in the product, the liability of the producer of the latter may be sought by the buyer, based on the information that appears on the packaging of the product.
In addition, if the buyer is not completely satisfied with the Laboratoire Dr. Paul et Karin Herzog SA products purchased, he or she may return them within a period of 15 days after receipt. They will be refunded or exchanged provided they are returned in their original packaging and in good condition to Laboratoire Dr. Paul et Karin Herzog SA, Route de Taillepied 1, 1095 Lutry, accompanied clearly and legibly by the last name, first name and address of the purchaser, the invoice number and the reasons for the return.
Article 16: Force majeure
Neither of the two parties will have failed in their contractual obligations insofar as the execution of the latter will be delayed, hindered or prevented by unforeseeable circumstances or force majeure. All acts of God or circumstances, outside the parties, which are unpredictable, unavoidable, outside the parties' control and which cannot be prevented by them, despite all reasonable efforts possible, shall be considered to be unforeseeable circumstances or force majeure.. The party affected by such circumstances will notify the other within one week following the date on which it found out about them. The two parties will then come together, within a period of four weeks, unless this is impossible due to the case of force majeure, to examine the impact of the event and agree the conditions under which the execution of the contract will be continued. If the case of force majeure has a duration greater than eight weeks, these general terms and conditions may be terminated by the injured party. In addition to those usually chosen by jurisprudence: the following are expressly considered to be cases of force majeure: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; stoppages in the telecommunication networks or difficulties specific to customers' external telecommunication networks.
Article 17: Partial non-validation
If one or more stipulations of these general terms and conditions are deemed to be invalid or declared as such pursuant to a law, a regulation or as a result of a final decision of a competent jurisdiction, the other stipulations will retain their full force and scope.
Article 18: Applicable Law
These general terms and conditions are subject to Swiss law and particularly to the Code of Obligations, which rule the aspects not expressly mentioned by these general terms and conditions. It is the same for both rules of substantive matters and for procedure. In the event of a dispute or claim, the buyer shall address themselves primarily to Laboratoire Dr. Paul et Karin Herzog SA to reach an amicable solution. Secondly, and in cases of appeal, the buyer may file a complaint with the courts of the Canton of Vaud.
Article 19: Computing and freedoms
The information that is requested from the buyer is needed for the processing of his or her order and may be communicated exclusively to contractual partners of Laboratoire Dr. Paul et Karin Herzog SA, acting within the context of the execution of this order . The buyer may write to Laboratoire Dr. Paul et Karin Herzog SA to exercise his or her rights of access or correction in respect of the information concerning him or her which is contained in the files of Laboratoire Dr. Paul et Karin Herzog SA.
These general terms and conditions are in French. The buyer states that he or she has full legal capacity allowing him or her to commit to these general terms and conditions.