1. Purpose and definitions
The present conditions of sale apply, without restriction or reserve, to all sales concluded between :
On the one hand, the company SWISS FOOTCARE LABORATORIES, SARL, whose trade name is “PODERM”, registered under the number CHE-145.626.188, whose registered office is located at Rue Baylon 2B, 1227 Carouge, Switzerland and whose intercommunity VAT number is CHE-145.626.188 TVA.
And/or its subsidiaries,
The company Dist. BHE, whose trade name is “PODERM”, registered under number 833.699.028 at the RCS of Annecy, whose registered office is located at 11 avenue d’Albigny, 74000 Annecy; France.
Hereinafter referred to as “PODERM”;
And on the other hand, any buyer (hereinafter referred to as the “Customer” or “Customers”) wishing to acquire the products offered for sale by PODERM (hereinafter referred to as the “Products”) via the website https://www.poderm.com (hereinafter referred to as the “Website”).
In particular, they specify the conditions for ordering, payment, delivery and management of any returns of Products ordered by Customers. The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the Website are not contractual and do not engage the responsibility of PODERM.
The Customer must refer to the description of each Product in order to know its essential properties and particularities.
The contact details of PODERM for the countries of the European Union are as follows :
11 avenue d’Albigny
Tél. : 07.84.17.96.91
Email : email@example.com
The contact details of PODERM for countries outside the European Union are as follows :
SWISS FOOTCARE LABORATORIES
Rue Baylon 2b
Tél. : 022.342.53.39
Email : firstname.lastname@example.org
Validation of the order by the Customer implies acceptance without restriction or reservation by the Customer of these terms of sale. The Customer acknowledges that he/she has the required capacity to contract and acquire the Products offered on the Website.
PODERM reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date the order is placed by the Customer. In the absence of proof to the contrary, the data recorded in PODERM’s computer system shall constitute proof of all transactions concluded with the Customer. The general terms and conditions of sale are concluded for the duration necessary for the supply of the Products.
2. Property rights
The Customer is not authorised to use the name, logo, trademarks, trade names, graphic design, design, image or any other elements whose rights are held by PODERM (together the “Property Rights”) in any of its advertisements, communications, publications or other elements, without the prior written consent of PODERM.
The Customer shall not remove, seek to obscure, deface, cover or alter any PODERM trademark.
3. Offers and prices
PODERM reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
The prices of the Products are indicated in CHF, all taxes included, and do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order, of packing and treatment of the order.
Promotional offers are valid during the period of validity they mention and as long as they are displayed on the Website, as well as within the limits of available stocks. Orders can only be accepted if the prices mentioned are in line with those of the current offer.
The price is payable in cash, in full and in one instalment on the day the order is placed by the Customer, by secure payment.
All orders are invoiced in CHF and payable in CHF.
PODERM reserves the right, in the event of non-compliance with the payment conditions, to suspend or cancel the delivery of current orders placed by the Customer.
The Customer can place an order by Internet on the website https://www.poderm.com.
From the moment the Customer has validated his order, he is deemed to have accepted with full knowledge of the facts and without reservation the present general conditions of sale, the prices, volumes and quantities of products offered for sale and ordered.
The sale will be considered as final only after the sending to the Customer of the confirmation of the acceptance of the order by PODERM by electronic mail and after cashing by PODERM of the entirety of the payment. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any error. Any order placed on the Website constitutes the formation of a contract concluded at a distance between the Customer and PODERM.
PODERM’s Product offers are valid within the limits of available stocks.
When a Product ordered is unavailable and/or out of stock, the Customer is informed of this and is also informed of the period of availability of the out-of-stock Product by e-mail or, in the case of an order of several Products, on the invoice for the Products shipped. PODERM shall not be held liable in any way for the unavailability of a Product.
In the event of unavailability and/or shortage of stock of one (or more) Product(s), the Customer may request reimbursement of the unavailable or out-of-stock Product. Only the definitive shortage of a Product at PODERM’s suppliers shall lead to its removal from our sales offer. PODERM will then remove this Product from the Website as soon as possible.
PODERM reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
In accordance with the General Terms and Conditions, PODERM shall supply the Customer with the Products specified in the Order Confirmation.
5-1. Delivery times
PODERM undertakes to make its best efforts to deliver the Products ordered by the Customer as soon as possible. However, if the Products ordered and delivered via the service of La Poste have not been delivered within thirty (30) days after the placing of the order, the Customer must inform PODERM as soon as possible, by telephone or by email.
PODERM will contact the Post Office so that the latter can carry out an investigation, which may last up to twenty-one (21) days. If the Products are found, they will be sent back to the Customer’s home. If the Products are not found at the end of the investigation, the Products shall be deemed lost and PODERM shall then be able to send the Customer replacement Products at no additional cost to the Customer. If the Products ordered are no longer available, PODERM shall refund the amount of the Products deemed lost. If the Products are still available, but have changed their selling price on the Website, PODERM shall apply the selling price that applied at the time of the order for which the Products were lost.
5-2. Delivery address
The Products are delivered to the address indicated by the Customer when placing the order.
The Customer must ensure that this address is accurate. Any package returned to PODERM because of an erroneous or incomplete delivery address will be reshipped at the Customer’s expense and PODERM shall not be held responsible for the impossibility in which it may be to deliver the order. If the Customer wishes to be delivered to two separate delivery addresses, he/she must place two separate orders, with the related delivery charges.
5-3. Receipt of the order
Upon receipt of the order, the Customer is required to check the condition of the Products delivered. In the event of apparent defects, the Customer has the right to return the Products in accordance with the conditions set out in these general conditions.
Any anomaly concerning the delivery (i.e.; missing or damaged Products, damaged packages) must imperatively be indicated, in the first instance, on the delivery slip and in the form of handwritten reserves accompanied by the Customer’s signature to the carrier. Secondly, any anomaly must be notified to PODERM as soon as possible following receipt of the Products:
- by email to the following address: email@example.com;
- by post to PODERM
This verification is considered to have been carried out when the Client, or a person authorised by him, has signed the delivery note.
PODERM reserves the right to ask the Customer to return the damaged Product(s). In the event of abnormal or abusive returns, PODERM reserves the right to refuse to honour any subsequent order from the Customer.
5- 4. Deteriorated package
If the Customer notes at the time of the delivery of his parcel to be handed over against signature that the latter is damaged, he can, at his choice, refuse the parcel which will then be directly returned to PODERM or receive the parcel while reporting the deterioration of its packaging.
If the Customer notices that the packaging of his parcel to be delivered to the letterbox is damaged, he may, provided that the parcel has not been opened, refuse the parcel by returning it to the post office, at the latest on the working day following its delivery.
This is an order with a payment obligation, which means that the placing of the order implies payment by the Customer.
Any amount invoiced must be paid in full in the same currency as that indicated on the invoice.
To pay for his order, the Customer has, at his choice, all the methods of payment made available to him by PODERM and listed on the Website, namely:
– by credit card ;
– by PayPal.
The Customer guarantees to PODERM that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form. PODERM reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by officially accredited organisations or in the event of non-payment. In particular, PODERM reserves the right to refuse to make a delivery or to honour an order from a Customer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
7. Return and refund
The items must be returned intact and complete in their original packaging (with their reference labels), accompanied by the delivery note, within 7 days of receipt of the package. The shipping costs for the return are at the customer’s expense. In the case of an exchange order, the shipping costs of the new order are offered.
7-1. Returning an item
The customer must first indicate the items he/she wishes to return by giving the order number and the reason for the refund or exchange either :
- by email to the following address: firstname.lastname@example.org;
- by phone at 022.342.53.39, Monday to Friday from 9am to 5pm
Upon receipt and inspection of the returned product, the refund will be made. An e-mail notifying the refund will be sent to the customer.
The refund will be made by crediting the amount of the transaction corresponding to the order:
– On the bank card used for payment in case of payment by bank card,
– To the PayPal account in the case of payment by PayPal.
Interbanking delays may delay the actual credit to the customer’s account by a few days.
8. Protection of personal data
It is recalled that the personal data requested from the Customer is necessary for the processing of his order and the establishment of invoices, in particular. This data may be communicated to any of PODERM’s partners responsible for the execution, processing, management and payment of orders.
PODERM undertakes not to disclose to third parties the information communicated by Customers and visitors to the Website. This information is confidential. It will only be used by PODERM’s internal services to process the order and to strengthen and personalise communication, particularly through newsletters and e-mails, as well as in the context of personalising the Website according to the preferences of users.
The Customer has a permanent right of access, modification, rectification and opposition with regard to the information concerning him/her. This right may be exercised under the conditions and according to the procedures defined on the Website.