TABLE OF CONTENTS
1. Conditions for placing an order
2. Phases in the conclusion of the contract
3. Reservation of ownership
4. Price policy
5. Availability and dispatch times
6. Conditions of delivery and carriage and packaging costs
7. Methods of payment
8. Conditions and time limits for exercising the right to withdraw
9. Return and exchange policy
10. Legal information
These General Terms and Conditions of Sale define the contractual relationship:
BETWEEN:
Payot SA,
a public limited company with share capital of CHF 1,250,000, and registered office at Côtes-de-Montbenon 30, CH 1002 in Lausanne, entered in the Register of Commerce of Vaud canton under number CH-550-0046990-5,
referred to below as « We »;
for the account of www.Payot.ch, online bookshop of Payot SA,
referred to below as the «Site»;
PARTY OF THE FIRST PART;
AND
Any natural or legal person visiting, or making a purchase on the site, on his own behalf or for a third party,
referred to below as «You»;
PARTY OF THE SECOND PART
ARTICLE 1. CONDITIONS FOR PLACING AN ORDER
1-1 Any person who places an order in a private capacity on the site declares that he is aged 18 or more and has the legal capacity or, in the absence thereof, parental authorisation enabling him to enter into the contract.
Should these conditions not have been respected pursuant to the indications given in the present contract and in order to settle a possible dispute, we reserve the right to contact the legal guardian of the person concerned directly. We will therefore be authorized, in particular, to require that guardian to pay for all orders contracted by the person concerned.
1-2 Any person placing an order for professional use on the site declares that he is aged 18 or more and has the legal capacity, or in the absence thereof, authorisation from the company, entity or any other similar structure which may employ him, granting him permission to enter into contracts in its name.
Should these conditions not have been respected pursuant to the clauses set out in this contract and in order to resolve a possible dispute, we reserve the right to contact the person who has placed this order directly and to require him to personally settle the price thereof to the extent that he gave us a guarantee beforehand, by making an application for the opening of the Professional and Institutional Account, to the effect that he was authorised to enter into a contract in the name of his company or of the company which employed him at the time.
ARTICLE 2. PHASES IN THE CONCLUSION OF THE CONTRACT
2-1 Information appearing on the site does not constitute an offer in the legal sense of the term; such an offer is constituted only by the order placed between you and us.
2-2 Every web surfer is able to read the General Terms and Conditions of Sales on the site. Any order placed therefore signifies your full acceptance without exception and without reservation of the conditions set out in the present contract. The latter are moreover notified to you during the procedure for validation of every order as the registration of your order is subject to their acceptance. Every person who has made a purchase on the site therefore declares that he is fully cognizant with these terms and conditions and cannot claim otherwise in the event of any dispute.
- As amendments may be made, the General Terms and Conditions of Sale in force at the time when each order is placed are understood to be binding,
- In the event of a disagreement, an amicable settlement will be sought and if it cannot be reached, any dispute of any nature whatsoever will always fall within the sole competence of the courts on the territory of which Payot SA is domiciled and will therefore be governed by Swiss law.
2-3 After acceptance of the General Terms and Conditions of Sale and validation, we will send you an e-mail confirming your order to the electronic address notified by you to us when your profile was created or during the ordering process. That e-mail is our acceptance of your order and therefore constitutes the contract of sale between you and us governed by the General Terms and Conditions of Sale set out in the present contract. We will then proceed to process the order in compliance with the clauses set out in the present contract.
ARTICLE 3. RESERVATION OF OWNERSHIP
3-1 The articles which have been delivered to you remain our property until such time as you have settled your obligations to us and, in particular, paid the full amount of the invoice corresponding to the order placed by you on the site.
3-2 Responsibility for the risks of loss or destruction of these articles does, however, rest with you as soon as they have been delivered, even if you are not yet their owner because you have not yet settled the payment for them.
3-3 In the event of late payment, through failure to respect the time limits which are clearly specified on your invoice attached to the ordered articles when they are delivered or non-payment despite reminder[s] and if no amicable settlement has been found, we reserve the right to require you to return these articles specifically to us at your expense.
ARTICLE 4. PRICE POLICY
4-1 The prices displayed on the site are expressed in Swiss francs [CHF], inclusive of all taxes applicable in Switzerland, but excluding carriage and packing costs. Calculated depending on the place to which your order is to be delivered, Europe or to a country outside Europe, these costs will be billed to you over and above the cost of the articles ordered by you.
4-2 The price displayed on the site when you place your order is guaranteed and corresponds to the price of the article which will be invoiced to you, regardless of any subsequent upward or downward variation in the price.
4-3 Because of the structure of the book market in Switzerland and for commercial policy reasons specific to each of our bookshops, the price of a published work may, however, vary from one bookshop to another. Consequently, price differences, albeit minor, may on occasion be observed between the site and the other Payot bookshops:
- If you have placed an order for books on the site with collection from the shop to which you must consequently pay the cost of your order, the price indicated on the site will be invoiced to you.
- If, and only if, the work in question is the subject of a special promotion in this shop, you may benefit from this discount on the price previously notified to you on the site, provided that this price was not already the subject of a special promotional offer.
- No discount for quantity or special discount [discount for students, discount for personnel of member companies or companies having an agreement with Payot SA] will be granted on the site, such discounts being applicable solely in our shops and on presentation of documents proving that you are entitled to benefit.
ARTICLE 5. AVAILABILITY AND DISPATCH TIMES
5-1 Each article reference appearing on the site mentions the availability of the work concerned and the time limit within which it may be dispatched to you. However, this information is provided for guidance only in the case of published articles, articles which are to be published in the case of pre-orders or articles for which you may have asked us to make searches in the case of a free order. That being so, they cannot be guaranteed because they depend on availability from the publishers, on our stock limits or on those of our suppliers:
The availability and the time limit for dispatch of an article covered by your order are determined by the following equation:
5-2 In the event of a multi articles order, you can choose the delivery option that you wish: Grouped delivery of all articles covered by your order and Ungrouped delivery of articles available at the time of your order, followed by articles that subsequently become available.
5-3 However, despite all the precautions that we are able to take with our suppliers to obtain the most accurate possible information as to the availability of the articles which we offer to you, it may happen that one such article which is thought to be available at the time when your order is placed, proves in fact to be unavailable, in which case we will of course inform you:
- Should the article be temporarily out of stock, we will consider your order to remain valid until we are in a position to satisfy it. However, if the time limits for supply of the articles making up your order are not guaranteed to us by our suppliers and it therefore appeared impossible to us to make deliveries to you at an early opportunity, we reserve the right not to execute your order and may ask you to resubmit it later.
- In the event of permanent non-availability [out of print, no longer sold etc.] of the articles making up your order, we would in effect be obliged to cancel the order. Our bookshops may possibly then recommend to you an article of equivalent quality and price which you will be at liberty to accept or decline
ARTICLE 6. CONDITIONS OF DELIVERY
6-1 Delivery options
On the site, you have a choice between the three following options:
- Making available in a shop:
Making available in one of the Payot bookshops [excluding Payot Rieu de Genève bookshop] can be chosen by you in the course of validation of your shopping basket.
- Collection from the shop enables you to come and collect your order from the bookshop without having to pay carriage costs over and above the cost of the articles making up the order. After choosing collection from the shop, you will therefore no longer be able subsequently to ask us to despatch dispatch these articles.
- In the event of collection, your order follow-up will be directly managed by our bookshops, full particulars of which will have been notified to you by us in advance to enable them to let you know by e-mail or by telephone when your order is available for collection.
- Once you have been notified that your order is available for collection, you may then take possession of the articles within a time limit of three weeks [working days], of the day following such notification and effect payment at the shop, on the basis of the prices of the articles which will have been indicated to you at the time of registration of your shopping basket on the site, subject to their respective availability.
- Should it prove impossible for you to collect your order within this time limit, you must inform the bookshop concerned at the earliest opportunity to enable it to extend, if possible, the reservation of the articles ordered by you. Once this time limit has expired, and if you give no feedback about your availability to collect your order and depending on the nature of the articles ordered [scarcity of the work[s] which we may, in particular, be unable to offer to a different customer because it [they] was [were] specially ordered for you], we reserve the right to dispatch these articles to you at your expense and to require payment in full.
- Grouped delivery of all the articles covered by the order
Grouped delivery corresponds to a single delivery of all the articles making up your order, regardless of the respective availability at the time when your order is registered.
- In the event of grouped delivery, our Order Processing Department will hold the available works for you until our suppliers send us the other works included in your order and we are able to forward them all to you in a single consignment.
- This delivery option is selected by default when your shopping basket is validated. If you prefer to opt for a separate delivery, you may at that stage easily modify the option selected by default to let us know the method which best suits your wishes, depending on the urgency of your order.
- La livraison dégroupée est possible pour toute commande de plusieurs articles.
- Elle Vous permet de recevoir rapidement, selon le mode de livraison que Vous aurez choisi par ailleurs, les ouvrages que Nous avons en stock puis, dans un second temps et au fur et à mesure que Nous les recevrons de Nos fournisseurs, les autres ouvrages de Votre commande jusqu’à ce que Vous ayez été livrés de l’ensemble des articles de Votre commande.
6-2 Methods of delivering orders
On the site you may choose between two methods of delivery: Economy or Priority, depending on the carriage and packaging costs incurred and the urgency of your order. By way of information, and without any guarantee on our part because the delivery time depends on our partner Swiss Post, you may consult the average time taken to deliver parcels [working days] associated with each such method of delivery.
1 - Carriage and packaging costs
Depending on the place to which your order is dispatched, the method and the delivery options chosen by you during the process of validation of your shopping basket, you will have to pay separate carriage and packaging costs over and above the value of the articles in your order.
- Delivery in Switzerland
- You must take due note of the details of the carriage and packaging costs dispatched in Economy or Priority expedition. Once your order has been placed, no complaint in respect of these times will be accepted.
You may also take due note of the average parcel delivery times of our partner La Poste. However, they are notified to you for guidance only. Consequently, the responsibility of the site cannot be invoked if the real delivery times exceed those given for guidance.
- Delivery in Europe
Carriage and packaging costs for deliveries in Europe differ according to the geographical zone to which each of these countries belongs. They are allocated to two zones: Zone 1 and Zone 2.
- You must consult details of the carriage and packaging costs for deliveries in Europe [zones 1 and 2]. Once your order has been placed, no complaint about these conditions will be accepted.
- You may also take due note of the distribution of countries in Europe for zones 1 and 2 and average parcel delivery times of our partner La Poste. However, this information is given for guidance only. Consequently, the responsibility of the site cannot be invoked if the real delivery times exceed those given for guidance.
- Delivery to countries outside Europe
Carriage and packaging costs for deliveries to countries outside Europe differ according to the geographical zone to which each of these countries belongs. They are allocated to three zones: Zone 3, Zone 4 and Zone 5.
These carriage and packaging costs are applicable for quantities of up to three articles per order. Once that threshold has been exceeded, the cost per article will be added, regardless of the zone to which the country to which delivery is to be made belongs.
- You must consult details of the carriage and packaging costs for deliveries outside Europe [zones 3, 4 and 5]. Once your order has been placed, no complaint about these conditions will be accepted.
- You may also take due note of the distribution of countries outside Europe for zones 3,4 and 5 of our partner La Poste. However, this information is given for guidance only. Consequently the responsibility of the site cannot be invoked if the real delivery times exceed those given for guidance.
2 - Customs duties
Any customs duties and taxes specific to each country, save for deliveries in Switzerland, are your responsibility and payable by you over and above the value of your order and the cost of carriage and packaging. According to the law in force in the destination country of your order, they may be duly collected from the addressee of the parcel even if you are only an intermediary. It is therefore your responsibility to seek information from the responsible authorities in your country or in the country to which your order is to be delivered, especially in the case of a gift parcel.
ARTICLE 7. METHODS OF PAYMENT
On the site, depending on whether you are domiciled in Switzerland or elsewhere, different methods of payment are proposed to you during the order validation procedure, to enable you to make simple and secure payment for all your purchases.
7-1 Methods of payment authorised for persons domiciled in Switzerland
- Payment for orders placed by persons residing in Switzerland may be made in cash by settlement in the shop in the case of a shop withdrawal, no payment for orders for which this delivery option has been chosen being possible on the site.
- You may also effect payment at 30 days against invoice for all the articles making up your order, regardless of their nature [articles subject to a stock limit and all others], provided that you have not previously been the subject of any action in the event of payment outside the stipulated time limit or non-payment of your previous invoices.
- In the event of payment delay, with reference to the time limits which are clearly specified on your invoice accompanying the delivery of the articles which were ordered by you, or in the event of non-payment, and if no amicable settlement has been found, we reserve the right to require you to return these articles specifically to us at your own expense and also to require you to make cash payment for any subsequent order. You may, at your convenience, make this cash payment by credit card, e-gift voucher or on collection from the shop. This measure whose duration we reserve the right to determine and which constitutes a payment guarantee for us, will then be a necessary condition for us to be able to honour your orders.
7-2 Methods of payment authorised for persons residing in a European country or outside Europe
- Payment for orders placed by persons residing in a country situated in Europe [excluding Swiss territory] or outside Europe has to be made by international credit card
- Regardless of your place of domicile and whether you reside in a country in Europe [outside Swiss territory] or outside Europe only when articles which have been ordered by you and are subject to availability have been effectively dispatched and delivered by our suppliers will we debit to your bank account the amount corresponding to the balance of your payment.
ARTICLE 8. CONDITIONS AND TIME LIMITS FOR EXERCISING THE RIGHT OF WITHDRAWAL
8-1 Pursuant to Swiss law, any person who has placed an order on the site benefits from a period of 7 [calendar] days to exercise his right of withdrawal from the date of acceptance of the contract of sale, in this instance the date of validation of your shopping basket and confirmation by e-mail of the fact that we have duly received your order and intend to process it.
8-2 Should your application for withdrawal not satisfy the conditions set out in this contract, we would be entitled to require you to settle in full the price of the article[s] ordered by you.
ARTICLE 9. RETURN AND EXCHANGE POLICY
Apart from the exercise of the right of withdrawal, you have the possibility, under certain conditions which are expressly set out in this contract, of returning to us the article ordered by you or making a request for its exchange.
9-1 Return policy
- In the event of delivery by our partner La Poste, and only in that case, of an article which does not correspond to your order or has been damaged during transport, you benefit from a period of 7 [calendar] days from the date of delivery, date as postmarked, to inform us of your request and return the article concerned to us.
- To enable us to deal with and process your request at the earliest opportunity, you must attach to your consignment, failing which we will unfortunately be unable to meet your request, a copy of the invoice and delivery note or of the delivery note without indication of a price in the case of a gift sent by parcel post and the duly completed return form.
- Any article which is not compliant with your order and is the subject of a request for return must be returned to us at our expense in its original package which has not been opened, used or damaged.
All these items are to be despatched to the following address:
Payot Internet
Service clients
Retour articles
Case Postale 6730
CH-1002 LAUSANNE
- Subject to compliance with all of these conditions, we undertake to despatch to you at the earliest opportunity and at our expense the replaced article which is now compliant with your order. Moreover, by way of compensation for the costs which you have incurred to return the article[s] in question to us, we will issue an e-gift voucher to you for the net amount of the carriage costs incurred by you for this purpose.
- To the extent that all the books ordered by you from us are the subject of specific orders placed with our suppliers, we are unable to accept any return of articles sent by us to you other than those which do not comply with your order or have been damaged during transport.
9-2 Exchange policy
You have the possibility of exchanging an article ordered on the site, purchased for yourself, for a third party or offered to you by a third party.
1. Policy of exchange in the event of dispatch of your order
- To exchange an article in the event of delivery by our partner La Poste, and only in that case, you are allowed 7 [calendar] days from the date of delivery to submit by e-mail your application for exchange by e-gift voucher [
serviceclients@payot.ch] by letting us have your customer information [surname, forename, customer No.], your order information [No., date, methods of payment] and information about the article[s] [titles, authors’ names, Ean13 or ISBN code, price] concerned by your application as they appear on your invoice and the delivery note which accompanied your order when it was delivered.
- Subject to acceptance by our order service and depending on the nature of the work, you will then have 7 [calendar] days, date as postmarked, from the date of acceptance of your application by our order service to return the article[s] concerned to us at your expense. To enable us to examine and process your request at the earliest opportunity, you must attach to your consignment, failing which we will unfortunately be unable to satisfy your request, a copy of the invoice and delivery note or delivery note without price only in the case for a gift, forwarded by parcel post together with the form for exchange by e-gift voucher duly completed summarising the reasons for your request.
- Any article which is the subject of a request for exchange by e-gift voucher must be returned to us at your expense in its original unopened, unused and undamaged packaging. All of these items are to be sent to the following address:
Payot Internet
Service clients
Echange articles par e-bon cadeau
Case Postale 6730
CH-1002 LAUSANNE
- Subject to compliance with all these conditions, we undertake to deliver to you an e-gift voucher representing the net value of the article ordered by you which will enable you to purchase the article of your choice on the site.
2. Exchange policy in the event of collection of your order from the shop
- To exchange an article which you have collected from a shop, you are allowed 7 [calendar] days to go back to this shop or to any of our other bookshops in possession of the article in its original, unopened, unused and undamaged packaging together with the cash receipt proving that it was purchased from one of our shops.
- Depending on the condition, nature and scarcity of the work [notably in the case of a highly specialised work which it would be impossible for us to offer to a different customer] and to the extent that we are able to offer you an equivalent article on identical conditions, the bookshop manager will decide whether or not to make an exchange. This decision is taken entirely to his own discretion.
ARTICLE 10. LEGAL INFORMATION
10-1 Legal indications
The site is the online bookshop of Société Payot SA. If you have any remarks or questions about the bookshop, you may contact us by sending an e-mail [mailto : contacts@payot.ch ] or by writing to the following postal address:
Payot Internet
Service clients
Case Postale 6730
CH-1002 LAUSANNE
10-2 Licence for access to the site
You are permitted to access and use the site purely for your own personal purposes and shall not under any circumstances, save with our express written agreement and on pain of legal proceedings, use it and any of its contents for commercial purposes or for any other activity which is liable to be prejudicial to us.
10-3 Applicable law
All the clauses set out in the present general terms and conditions of sale, and in all the purchase and sale transactions referred to therein, are governed by Swiss law.
10-4 Liability
- We undertake to use our best endeavours to provide you with the finest possible service quality consistent with the work done by all the personnel of our bookshops and with the values of our company. However, we cannot be held liable for any delay in delivering ordered articles, in particular if they are out of stock with our suppliers or publishers, or for any delay in delivery of these articles by La Poste, our order delivery partner, or its international partners.
- Despite our vigilance and all the precautions taken by us in dealing with the partners with whom we work to enable you to benefit from the services offered by us to you, we do not guarantee the absence of any disturbance of the working of the site and the parts thereof. Consequently:
- We decline all liability for direct or indirect prejudice which may result from access to, or use of, the site or some of its elements, just as we decline all liability which may result from the impossibility of accessing or using the site.
- Similarly we decline all liability for all risks associated with the installation of software permitting consultation of the site or for any damage resulting from errors in transmission, technical faults, overload or interruptions of communications.
- Moreover, you have sole responsibility in respect of any order placed for an article which fails to comply with the legislation of the country of delivery or is prohibited on its territory and, that being so, we cannot be held liable.
10-5 Protection of personal data
- Regardless of the nature of the personal data about you which comes to our cognizance or which we are entitled to ask you to provide under the present contract or which we collect automatically, we undertake to use our best endeavours to treat such information in the strictest confidence, to ensure its protection and to use it solely for the performance of your orders or to improve the services which may be offered to you on the site.
- However, you may at any time exercise your right of access, correction or opposition in respect of such data, either from your customer account or by writing to us at
contacts@payot.ch.
10-6 Copyright and credits
- The design, form, title and entire content of the site are the sole property of Payot SA with the exception of contents which are the subject of specific agreements with our partners and in which copyrights are duly stipulated on the pages of the site on which they appear; consequently:
- You are under no circumstances authorised to copy, record, reproduce or print these contents for any use other than that which will enable you to make your purchases on the site within the framework of the present contract.
- We and our partners reserve the right to take action against you if any of these contents regardless of their nature [image, text, codes, etc.] and of whether Payot SA or one of its partners is the owner, is used without our express written consent or that of our partners for those parts of the site which concern them, for purposes other than those stated in this contract.
- Publication on the site of criticisms, communications and other contents which you may send to us for this purpose remains at our entire discretion.
- In the event of their publication, you automatically grant us the right to utilise, reproduce, amend or delete these contents if we consider that necessary and you must in any case hold copyright in these contents.
- Failing this, and if a legal action is brought against us by a third party, if such action relates to the contents notified by you to us, you would be required to compensate us up to the amount of the damage which we have incurred.
