The purpose of these general conditions of sale is to inform any potential consumer of the terms and conditions under which the company BEVERLEY'S PLACE SARL - BEVERLEY DISTRIBUTION, referred to as the seller in the following lines, sells products and/or invitations gifts and/or care services. They define the rights and obligations of the parties in connection with the sale by the seller to the consumer. They apply, without restriction or reservation, to all sales, by the company BEVERLEY'S PLACE SARL - BEVERLEY DISTRIBUTION, registered office at Avenue de Provence, 4 - 1007 Lausanne, and registered with RC LAUSANNE under N° IDE CH-335.913.440. It is represented by Mr. Denis GOEHRY. Consequently, the fact for any person to buy a product and/or a gift invitation and/or a treatment subscribes the full and whole acceptance of the present general conditions of sale of which the buyer acknowledges having read prior to his purchase.
The buyer, prior to his purchase, declares to be in full legal capacity allowing him to engage under these conditions.
The prices include, when applicable, the value added tax (VAT) in force on the day of the order and any change in the applicable VAT rate will be automatically passed on to the price of the products and/or gift invitations and/or treatments sold. )s by the seller. Sale prices may be modified by the seller at any time. This change will be notified to the buyer before any purchase.
4. CHARACTERISTICS OF PRODUCTS, GIFT INVITATIONS AND TREATMENTS
The Buyer may, prior to his purchase, take note, on the Seller's Website, by telephone, of the essential characteristics of the products and/or the Gift Invitations and/or the treatments he wishes to buy.
The Buyer selects one or more products and/or one or more gift invitations and/or one or more treatments from the different categories offered by the seller.
Any order/purchase assumes acceptance without restriction or reservation of these general conditions of sale.
From the moment the Buyer has registered his purchase by validating his payment, he is considered to have accepted knowingly and without reservation these general conditions of sale, the prices, volumes and quantities of the products and/or Gift Invitations and /or treatments offered for sale and purchased.
The seller reserves, until full payment of the price by the Buyer, a right of ownership over the products sold, allowing him to regain possession of the said products.
Any deposit paid by the Buyer will remain acquired by the seller as lump sum compensation, without prejudice to any other actions that he would be entitled to bring against the Buyer as a result.
In the case of payment by telephone, the purchase must be confirmed by the seller, by e-mail. Failure to comply with the procedures set out below, no claim from the buyer will be accepted. Complaints must be sent by registered letter with acknowledgment of receipt to the address indicated in Point "1. Purpose" hereof, and must include: - the contact details of the buyer, - the reasons for the complaint.
6. DELIVERY, RISKS, DEADLINES
Delivery times are given for information only. Any delays do not entitle the customer to cancel his order, refuse his goods or claim damages.
In this case, if the buyer in writing declares that he is no longer interested in the purchase, the seller will not be able to make the delivery. The contract will be automatically terminated without compensation on either side.
The seller cannot, however, be held responsible for delays in delivery due to a case of force majeure.
Force majeure means any event independent of the will of the seller and/or beyond the control of the seller, such as in particular, without this list being exhaustive, fire, flood, storm, earthquakes earth and other natural disasters, wars, riots and revolutions, strikes, work stoppages or other social movements within the staff of the seller or that of its suppliers, subcontractors, carriers or service providers, occupations of factories or premises , administrative decisions, lack of administrative authorisation, pandemics in particular likely to lead to the closure of commercial premises, acts of the prince, interruption or unavailability of means of transport or impossibility of supplying components or raw materials.
If the buyer were to refuse to accept delivery of all or part of the goods, the seller could, if it sees fit, demand performance of the contract or notify its decision to terminate or obtain the resolution of right of this contract. In either case, the seller retains the right to damages. These General Conditions expressly exclude any liability of the seller for risks and expenses deriving from the storage of the goods or relating to the latter, the delivery of which the buyer would have refused.
7. RIGHT OF WITHDRAWAL
In the case of remote payment by telephone, the Buyer has a period of seven clear days from the date of payment or date of receipt of the product(s) and/or gift card(s). , to return, at its expense, the order, for reimbursement. The administrative processing of the file is subject to flat-rate costs of 10 euros per return, in addition to transport costs (there and back) which remain the responsibility of the Buyer.
The product(s) and/or gift card(s) must imperatively be returned to the seller in perfect condition for resale, in their original condition (packaging, accessories, instructions, etc.), duly sealed and accompanied by proof of purchase. The care corresponding to the Gift Invitations must not have been consumed, neither during the 7-day period, nor after this period.
The exercise of the right of withdrawal will give rise to the choice of the buyer:
- either to a refund, in cash by re-crediting the bank card entered during the initial order or, if this is impossible, by bank transfer,
- or the allocation of a voucher under the conditions set out in point 8 below.
8. GENERAL REIMBURSEMENT CONDITIONS
Subject to specific provisions provided for in point 7 above for the specific case of withdrawal, any reimbursement payable by the seller will be made in the form of a purchase voucher.
In all cases, the seller will communicate when allocating this voucher by e-mail:
- its period of validity,
- the possibility or not that the buyer will have to request a refund,
- its amount.
If the purchase voucher does not bear any mention to the contrary, during its period of validity, the customer may request by e-mail to transform this purchase voucher into a refund.
This reimbursement will take place in priority by re-crediting the bank card entered during the initial order or, if this is impossible, by bank transfer.
In the event of partial use of the purchase voucher, the remainder will remain available to the customer under the same conditions as the original credit note. A purchase voucher will be considered used in the event of even partial use or a request for reimbursement.
By the very fact of using this voucher, the consumer agrees on his honor not to raise any dispute or opposition with his bank or other, to the transaction concerned by the refund, and undertakes not to do so within a period of one year following the use of the purchase voucher
The consumer acknowledges being aware that any breach of this obligation would expose him to retrocession of the amount unduly received, without prejudice to any damages that may be claimed from him by the seller.
It is up to the User to make any checks that seem necessary or appropriate before making any purchase of services from our team on the Seller's Site.
In the event of pregnancy and whatever the treatment, it is recommended that the User seek the prior opinion of his doctor, as well as that of the institute where he wishes to go. The same is true for fragile people, such as, without this list being considered exhaustive, the elderly, people with cardiological or blood pressure problems, people with allergies, etc.
For minors, parents are required to check whether access to the institute is authorized for them. We decline all responsibility in the event of medical contraindications, drug treatments, illnesses or pregnancies.
On our premises, we recommend that you take care of your valuables, the establishment cannot be held responsible for forgotten, lost or stolen items.
The products, gift invitations and treatments offered by the seller comply with the Swiss and French legislation in force. The seller cannot be held responsible for the non-performance of the contract in the event of force majeure, disruption or total or partial strike, in particular of the postal services and means of transport and/or communications. The seller cannot be held liable for any consequential damages that may arise from the purchase of products and/or gift invitations. The seller cannot be responsible for any loss of data or files. It is up to the buyer to make all the necessary safeguards, in particular for the confirmation by email of an appointment. The total or partial impossibility of using the products and/or gift and/or care invitations, due in particular to material incompatibility, can neither engage the responsibility of the seller, third parties, and links to other other websites. The seller can in no way be held liable for damages resulting from the use of, access to, or inability to use this third-party information, or the content of other websites.
10. PARTIALLY NOT VALID
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations shall retain all their strength and scope.
11. GIFT CARD
The gift card is valid for one year from its purchase.
12. NO WAIVER
The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions of sale cannot be interpreted for the future as a waiver to the obligation in question.
13. COMPUTER AND FREEDOM
The information collected by BEVERLEY'S PLACE SARL - BEVERLEY DISTRIBUTION during any purchase is necessary for the management of BEVERLEY'S PLACE SARL - BEVERLEY DISTRIBUTION and its business partners. In accordance with the Data Protection Act, the buyer has a right of access, rectification, opposition and deletion of data concerning him from the seller.
The buyer may receive commercial proposals or be informed of offers from BEVERLEY'S PLACE SARL - BEVERLEY DISTRIBUTION or its business partners. If the buyer does not wish to receive these offers, he must inform the seller by post with acknowledgment of receipt by writing to: BEVERLEY'S PLACE SARL - BEVERLEY DISTRIBUTION - Avenue de Provence 4 - 1007 LAUSANNE.
14. APPLICABLE LAW
These General Conditions and the contracts concluded between the buyer and the seller following the order proposal are exclusively subject to Swiss law. The application of the 1980 Vienna Convention on contracts for the international sale of “goods” is expressly excluded.
In the event of a dispute relating to the General Conditions or the contracts concluded within their framework, exclusive jurisdiction is attributed to the competent courts within the jurisdiction of the Court of Lausanne. This clause applies even in the event of appeal in guarantee, of multiple defendants and for emergency procedures, conservatory procedures, in summary proceedings or by request.