SELLER IDENTIFICATION
Swiss Biocontrol Laboratories SA, trading as “SERENI-D”, registered under number CHE-372.366.766, whose registered office is at Chemin du Pré-Fleuri 3 – 1228 Plan-les-Ouates – SWITZERLAND and whose VAT number is CHE-372.366.766 TVA.
APPLICATION OF THE TERMS AND CONDITIONS
The purpose of the Terms and Conditions is to define the rights and obligations of the parties in relation to the use of the Site and the placing of Orders on the Site. Our Privacy Policy explains the conditions governing how we process and protect your Personal Data. Our Cookie policy informs you of your rights concerning the placing of cookies on your terminal when consulting the Site.
Access to and use of the Site implies prior and unreserved acceptance by all Internet users of these Terms and Conditions.
The Customer’s order of Products implies acceptance of these Terms and Conditions in their entirety. This acceptance is confirmed by ticking a box accepting the Terms and Conditions when the Order is placed. By the same token, the Customer acknowledges having fully read and accepted them without restriction. The Customer acknowledges the probative value of our automatic recording systems and waives the right to contest them in the event of a dispute, unless they can provide proof of a failure in these systems.
The Terms and Conditions apply to the relationship between the parties to the exclusion of all other conditions and express the entirety of the parties’ obligations. Acceptance of the Terms and Conditions implies that web users and customers have the necessary legal capacity to do so.
If an Internet user or Customer does not agree with all or part of the Terms and Conditions, they are strongly advised not to use the Site.
We reserve the right to unilaterally and without prior notice refuse access to the Site to any Internet user or Customer who fails to comply with the Terms and Conditions, and to take any measures we deem appropriate in the event of non-compliance with these terms and conditions.
We reserve the right to modify these Terms and Conditions from time to time, it being specified that the applicable Terms and Conditions are those in force at the time of the Order and attached to the Order confirmation e-mail.
DEFINITIONS
Customer: refers to any natural person registered on the Site
Order: refers to the order of a Product placed by the Customer on the Site
Terms and Conditions: refers to these terms of sale and use of the Site
Personal Space: refers to the Customer’s personal space, which the Customer accesses after logging in
Internet user: refers to any person logging in to the Site
Product: refers to any good sold on the Site, including caps, hats, berets, beanies and scarves
Site: refers to the website accessible at the URL www.sereni-d.com
TERMS OF USE OF THE SITE
The Site is freely accessible to any Internet user with Internet access. However, the equipment and connection costs required to access and use the Site are the sole responsibility of the Internet user. The Internet user is entirely responsible for their computer equipment and Internet access.
Obligations of the Internet user
The Internet user undertakes to use the Site only for lawful purposes. The Internet user may not use the Site in any way that contravenes any law or regulation whatsoever.
In particular, the Internet user undertakes to:
- Not access the Site fraudulently and without authorization or to damage or disrupt any part of the Site;
- Not download viruses or other codes that could jeopardise the proper functioning of the Site;
Site availability
SERENI-D endeavours to ensure the availability of the Site and to make the Site accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond SERENI-D’s control.
SERENI-D reserves the right at any time and at its sole discretion to suspend or interrupt access to the Site, in whole or in part, including for maintenance, operational requirements, internal choices or in the event of an emergency. SERENI-D also reserves the right at any time to remove or modify any content, including for technical, commercial or practical reasons, subject to honouring any Orders placed.
SERENI-D shall in no event be liable for such interventions, nor shall they give rise to any claim for compensation or damages.
VALIDITY OF OFFERS
Our offers are aimed at consumers with a physical delivery address in Europe. The items shown on the site are available while stocks last. The validity of the offers and prices is guaranteed within 8 days.
In the event of the debit or settlement of an order for an unavailable item, SERENI-D undertakes to offer a credit note or refund the Customer within 14 days. SERENI-D undertakes to notify by e-mail the Customer who has placed an order for an unavailable item as soon as possible.
PRODUCT PRESENTATION
The Products offered for sale are those described on the Site. SERENI-D takes the utmost care in the presentation and description of these Products in order to best inform the Customer. However, it is possible that non-material errors may appear on the Site, which the customer acknowledges and accepts. In any event, in the event of the non-conformity of the Product delivered with its description on the Site, the Customer may either exercise their right of withdrawal or invoke the legal guarantee of conformity. SERENI-D will, if necessary, either exchange or refund the price (in whole or in part) that may have been charged.
The Products offered for sale on the Site are described in a Product sheet, which includes their essential characteristics.
The Customer acknowledges having received the following information prior to placing the Order:
– essential characteristics of the product
– Product price
– additional freight, delivery, postage and any other charges that may be due
– delivery date or deadline
– information on the seller’s identity and contact details
PRODUCT PRICING
Prices are given in euros (€), inclusive of tax, excluding shipping costs. The amount of VAT is indicated when the Customer selects a product. If the VAT rate is modified or if one or more taxes are created or modified, these changes may be reflected in the price of the Products.
We reserve the right to modify our prices at any time, but the Products ordered will be invoiced at the price in force when the Order is registered.
Delivery costs appear on the screen at the end of the Customer’s selection of Products.
SECURE ORDERING AND PAYMENT
Payment
The Customer confirms their Order as described below. This validation implies acceptance of these Terms and Conditions.
Customers interested in an item displayed on the Site follow the steps below to place an order.
The Customer selects Products and adds them to their shopping basket. After clicking on the “confirm” icon and checking the details of the Order (colour, quantity, size, price, etc.), the customer validates the choice of product(s) selected by clicking. If the customer benefits from a special offer, they must first enter a code that has been allocated to them in the field provided for this purpose.
When ordering for the first time, the customer creates a Personal Space on the Site by filling in a form containing the following information: title, last name, first name, full delivery address, email, date of birth, telephone number. On this occasion, the customer creates a password. All the form fields must be completed, except those marked as optional. Failure to complete the mandatory fields marked with an asterisk will result in the failure to create a Personal Space and the inability to place an Order on the Site. The Customer undertakes to enter data enabling them to be identified under their sole responsibility and to provide complete, accurate and up-to-date information.
The customer can pay by credit card directly on the site. After validating the payment method and accepting the Terms and Conditions by checking the corresponding box, the customer definitively and irrevocably validates the order with the effects indicated below. We validate your Order and send you a summary of the Order including the details of your Order and the applicable Terms and Conditions. Your invoice is immediately available in the “my account” section under “my orders”. Payment takes place as soon as the Order is validated. The sale is considered final once SERENI-D has sent the Customer confirmation of the Order and once the full price has been received.
We reserve ownership of the Products until full payment of the Order.
o Payment by bank card on the site
The Customer validates the delivery and billing address, the Product and the total price. They provide their credit card number, expiry date and CVV code. Finally, they validate their Order by clicking on the “Confirm” button. In the case of payment by bank card, SERENI-D has no access to data relating to the Customer’s means of payment, as payment is made directly to the secure payment service provider.
o Paypal
With PayPal, your financial information is never shared with SERENI-D. PayPal encrypts and protects your card number once and for all. Pay online simply by entering your email address and password.
Non-payment
SERENI-D reserves the right to refuse to make a delivery or to honour an Order from a consumer who has not paid in full or in part for a previous Order, or with whom a payment dispute is being administered.
Payment verification
SERENI-D checks all the Orders that have been validated on its Site. These verifications are designed to protect SERENI-D from abusive practices by fraudsters. In certain cases, including in the event of non-payment or incorrect address, SERENI-D reserves the right to block the Order. Our services may ask you for all the documents necessary to unlock your Order: proof of address or evidence of a debit in your name, or proof of address in the name of the person indicated for the delivery address, etc. These requests should be made by e-mail:
– For an order with a delivery address different from the billing address
– For new Customers
– For orders over 150 Euros
PAYMENT SECURITY
To ensure payment security, the SERENI-D site uses the STRIPE secure payment service. Confidential data (16-digit credit card number, expiry date and CVV code) are encrypted and sent directly to the bank’s server, without passing through the physical medium of the SERENI-D server.
When the Order is validated: The payment request is routed in real time to the secure remote payment manager. They send an authorisation request to the bank card network. The electronic payment manager issues an electronic certificate as proof of the amount and date of the transaction.
DELIVERY
Products are delivered to the address indicated by the Customer, who must ensure that it is correct. Any Order returned to SERENI-D because of an incorrect or incomplete delivery address will be reshipped at the Customer’s expense.
Delivery times are communicated to you at the latest when the Customer confirms the Order, depending on the place of delivery. In accordance with the applicable legal provisions, delivery takes place within a maximum of 30 days.
Customers are required to check the condition of the Products delivered and may refuse the package or express reservations upon delivery of the Products. This verification is deemed to have been carried out if the Customer signs the delivery note. Any anomaly concerning the Products must be reported to SERENI-D within 3 days of delivery.
Except in cases of force majeure, shipping times are those indicated when the Order is placed.
Mainland France and Corsica
SERENI-D undertakes to dispatch Orders the same day if the Order is placed before 2 p.m. and the following day if the Order is placed after 2 p.m. excluding personalised products. SERENI-D endeavours to deliver the Products within 48 hours of receipt of the Order. In any event, the delivery period shall not exceed 30 days, notwithstanding any event, fortuitous event or force majeure beyond SERENI-D’s control (e.g. customs, carrier delay, weather, etc.) which may delay delivery. SERENI-D does its utmost to ensure that your parcel arrives on time.French overseas departments and territories
Delivery takes place within a maximum of 9 working days from receipt of the Order, notwithstanding any event or case of force majeure which would delay delivery beyond the control and diligence of SERENI-D.
Non-delivery or incomplete delivery
If the Products are not delivered on time or the delivery is incomplete, Customers are urged to contact us to agree a reasonable additional delivery period.
If no delivery has been made within this new period, the Order may be cancelled and Customers will be refunded the amount of their Order or the amount of the missing Products as soon as possible within 14 days of the date on which the contract is cancelled. The contract shall be deemed terminated upon receipt by SERENI-D of the letter informing it of said termination.
RETURNS / EXCHANGES
Legal right of withdrawal
The Customer, whether a natural person, consumer or non-professional, has a right of withdrawal, which may be exercised without reason, within fourteen (14) clear days from the day after delivery of the Order. If the time limit expires on a Saturday, Sunday or public holiday, the time limit is extended to the next working day.
In the case of an Order involving several Products delivered separately, the period runs from receipt of the last Product.
SERENI-D will reimburse the Customer for all sums paid, less any additional shipping costs resulting from the Customer’s choice of delivery method exceeding SERENI-D’s standard shipping costs. Refunds for Products will be made by SERENI-D within a maximum of 14 days after SERENI-D has received said Products or after the Customer has provided proof of shipment of the Products, whichever comes first. Reimbursement will be made using the same method of payment chosen by the Customer at the time of ordering, unless otherwise specified by the Customer.
Product exchange and return
Customers also have a period of 30 days from receipt of the Products to return the Products for exchange or credit.
If the amount of the Customer’s exchange Order is greater than the amount of the initial Order, the Customer will pay the difference by cheque when exercising their right of return.
If the amount of the Customer’s exchange Order is less than the amount of the initial Order, the Customer will be reimbursed the difference or will benefit from a credit note.
Conditions and procedure for exercising the right of withdrawal or returning Products
To exercise your right of withdrawal or to return Products to us, you must notify us of your decision to withdraw by means of an unambiguous statement. The right of withdrawal, or the exchange and return of Products is exercised by returning the new Products (in their original packaging, unworn, unwashed) at the Customer’s expense, together with the order number to the following address:
SERENI-D
18 BIS rue de Verdun
74940 Annecy-le-Vieux
FRANCE
To exercise their right of withdrawal, or to exchange and return Products, Customers may use the contact form.
The Products must be returned to us without undue delay and, in any event, within 14 days of the communication of your decision to withdraw or exchange the Products. This period is deemed to have been respected if you return the Product before the 14-day period has expired.
However, the right of withdrawal, or the exchange and return of Products cannot be exercised for personalised Products made to the Customer’s specifications. Products must be returned at the Customer’s expense in their original condition and packaging. Return costs are estimated at 6 EUROS.
SERENI-D will assess the condition of the Products upon receipt. No returns will be accepted if the Products have been damaged or soiled by Customers. You are only liable for any depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
In the event that we are unable to provide a suitable replacement Product, we will contact you by e-mail.
LEGAL WARRANTIES
The Products offered for sale are subject to the legal guarantee of conformity set out in articles L 217-4 et seq. of the French Consumer Code and to the guarantee relating to defects in the item sold set out in articles 1641 et seq. of the French Civil Code.
Customers then have a period of two years from delivery or discovery of the defect in which to invoke these warranties. The cost of returning Products shall then be borne by SERENI-D.
• Warranty for defects of the item sold
In the event that the legal warranty relating to defects in the goods sold is invoked, it will be up to the Customer to prove that the defects existed at the time of sale of the Product and are of such a nature as to render the Product unfit for the use for which it is intended.
SERENI-D shall not be held liable for any misuse of the Products by the Customer.
The Customer may choose either to cancel the sale or to reduce the price, in accordance with article 1644 of the French Civil Code.
• Legal warranty of conformity
When acting under the legal warranty of conformity, the consumer:
– May choose between the repair or replacement of the Product, subject to the conditions of disproportionate cost for SERENI-D as provided for in Article L. 217-9 of the French Consumer Code
– Does not have to prove the non-conformity of the good during the 24 months in the case of new goods (6 months in the case of used goods) following the delivery of the Product
• SERENI-D does not grant any commercial warranty.
TREATMENT OF UNDELIVERED PARCELS BY OUR TRANSPORT SERVICE PROVIDER
These are packages that have not been delivered to the final recipient for the following reasons: NATA, unclaimed, refused, transport damage, spoliation…
Returns due to NATA
These are packages returned by the delivery service provider under the heading: Not at this address. After receipt and acceptance of your parcel by our services, SERENI-D will contact the Customer in order to return the Order (postage at the Customer’s expense) if the product is still available, or to proceed with the refund of the Order according to the Customer’s wishes. SERENI-D reserves the right to proceed with the reimbursement of the Order and not its return in the event that several NATAs are identified.
Returns because “UNCLAIMED”
These are parcels that have not been claimed by the customer from the post office or collection point within the time limit. After receipt and acceptance of your parcel by our services, SERENI-D will contact the Customer in order to return the Order (postage at the Customer’s expense) if the product is still available, or to proceed with the refund of the Order according to the Customer’s wishes. SERENI-D reserves the right to proceed with the reimbursement of the Order and not its return in the event that several “UNCLAIMED” parcels are identified.
Returns due to “REFUSED”
You refused your parcel at the time of delivery. After receipt and acceptance of your package by our services, a voucher will be credited to your customer account within 72 hours of receipt of your package. You can ask for your voucher to be cancelled and reimbursed.
In case of the return of a parcel following the “NATA”, “UNCLAIMED” or “REFUSED” causes, SERENI-D does not guarantee the reservation of the ordered articles and could be brought to carry out the refund of the Order if one or several Products are not available.
RESPONSIBILITY
For every step of access to the site, consultation, filling in forms, placing Orders, delivery of items or any other service, SERENI-D only has a best efforts obligation. Consequently, SERENI-D cannot be held liable for any inconvenience or harm/loss inherent in the use of the Internet network and totally external to the diligence and precautions taken by SERENI-D. In particular, SERENI-D cannot be held liable for any disruption in the supply of the service, or for any external intrusion or presence of a computer virus.
SERENI-D is responsible to the Customer for the proper performance of the contract entered into with the Customer. However, SERENI-D shall not be held liable for any act of force majeure within the meaning of the French Civil Code and the case law of the Court of Cassation. Likewise, SERENI-D cannot be held liable for the non-performance or improper performance of the contract due to an event attributable to the Customer. Customers benefit from the guarantees granted by the brands present on the Site.
SERENI-D may not be held liable for the content of websites referred to by the hypertext links contained on the Site.
In the absence of legal or regulatory provisions to the contrary, SERENI-D’s liability shall be limited to the direct, personal and certain prejudice suffered by the Customer.
SERENI-D is fully liable for death or physical injury caused by our negligence.
INTELLECTUAL PROPERTY
All the elements of the SERENI-D site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks, databases or patents. They are the exclusive property of SERENI-D or its partners.
Any reproduction, representation, translation, adaptation, transformation and/or use in any manner whatsoever of all or part of the Site carried out without the prior consent of SERENI-D or its beneficiaries constitutes an infringement of intellectual property rights liable to give rise to legal proceedings.
Any hypertext link to the SERENI-D site using framing, deep-linking, in-line linking or any other deep-linking technique constitutes a reproduction of the site and is strictly prohibited. In any case, any link, even tacitly authorised, must be removed upon request from SERENI-D.
PERSONAL DATA
SERENI-D collects certain personal data concerning Customers and Internet Users under the conditions defined in our Privacy Policy and in our Cookies Policy.
CUSTOMISED PRODUCTS
For Products personalised with text or logo, no exchange or claim will be accepted and no right of withdrawal can be exercised. We make every effort to get as close as possible to the requested design, but there may be minor modifications to the final rendering.
Where applicable, the Customer represents that they have all the intellectual property rights and authorisations required to customise the Products.
The Customer assures SERENI-D that the text or logo of the customised Products communicated by the Customer to SERENI-D do not infringe the rights of third parties. The customer agrees to bear any and all consequences, including financial, related to any infringement of third-party rights resulting from the Ordering of customised Products. The Customer undertakes to intervene at SERENI-D’s request in any proceedings brought against SERENI-D due to a possible infringement of third party rights and to bear any costs and sentences pronounced as a result, including attorney’s fees.
APPLICABLE LAW AND GENERAL PROVISIONS
The nullity of one of the clauses of the Terms and Conditions shall not entail the nullity of the other clauses.
The fact that one of the Parties does not avail itself of a breach by the other Party of any of its obligations under the Terms and Conditions shall not be construed as a waiver of the obligation in question.
Unless otherwise provided by public policy, any disputes arising in connection with the performance of the Terms and Conditions shall be submitted to SERENI-D for review prior to any legal action, with a view to an amicable settlement by sending a complaint to Customer Service.
The Terms and Conditions are governed by French law. In the event of a persistent disagreement over the application, interpretation and execution of the Terms and Conditions, and in the absence of amicable agreement, any dispute will fall within the jurisdiction of the French courts. Pursuant to article R.631-3 of the French Consumer Code, the consumer may choose to bring an action before the courts of the place where they resided at the time the contract was concluded or at the time the harmful event occurred, in addition to the courts with territorial jurisdiction.