General terms and conditions of sale
Article 1 SCOPE
1.1 The General Terms and Conditions of Sale govern the business relationship between Leading Brands SA, with company identification number CHE-466.635.906 IVA (hereinafter 'LB'), and the customers of LB concluding contracts of sale with LB via the online shop www.nylab.ch. The use hereinafter of the masculine form in relation to client naturally includes women as well as men.
1.2 The dispatch of the order to the client implies his acceptance of these General Terms and Conditions of Sale in their entirety, with the exclusion of all other terms and conditions. The client declares that he has the capacity to contract with LB on the basis of these General Terms and Conditions of Sale. The client warrants that all the information provided is correct.
1.3 Only persons who possess legal capacity may register on the website https://www.nylab.ch, online shop. The data required for registration must be complete and truthful. Each client is responsible for updating his own data
Article 2 PRODUCTS
2.1 The products sold are described on the website https://www.nylab.ch. The specifications and descriptions are given as guidance only and do not constitute contractual documents. The photos that appear on the website https://www.nylab.ch are for illustration only and do not form part of the contractual terms and conditions. LB assumes no responsibility whatsoever for any errors or omissions in connection with the images or instructions that appear in its online shop.
2.2 The quality of the goods sold is impeccable. The products are marketed without any warranty other than that of the manufacturer.
Article 3 PRICES
3.1. The prices shown on the website https://www.nylab.ch include VAT in force when the order is placed. Prices are quoted in Swiss francs and are exclusive of shipping costs.
3.2. LB reserves the right to change its prices at any time. However, the price invoiced for the delivered products is the price that is valid on the order date. This price is stated on the acknowledgement of order sent to the client.
3.3. The promotional discounts offered in the context of advertising campaigns on the website https://www.nylab.ch will be deducted directly from the amount invoiced. Promotional discounts or any other type of promotions are only valid in connection with a reduction of a future invoice. The vouchers and promotional discounts are valid for a maximum of twelve months from their date of issue and will expire without compensation and without prior notice.
3.4. A voucher is non-refundable and cannot be neither exchanged for cash or for another voucher, nor credited to a credit card.
3.5. Product offers are not valid unless they are visible on the website https://www.nylab.ch and are subject to availability, while stocks last.
3.6. LB reserves the right to change its prices as well as its terms and conditions at any time without notice.
3.7. LB cannot under any circumstances be held responsible for a computer bug that changes the price of one or more articles without its knowledge. LB accordingly reserves the right to cancel an order if the amount is at variance with the prices normally quoted for the products and/or shipping costs.
Article 4 ORDER
4.1. The order will become binding upon acceptance by LB. The client will receive an acknowledgement of order by e-mail.
4.2. In exceptional circumstances, in particular insolvency or provision of incorrect information, LB reserves the right to reject the order placed by a client.
4.3 LB cannot under any circumstances be held responsible for a computer bug that changes the order without its knowledge. LB accordingly reserves the right to cancel an order if the amount is at variance with the prices normally quoted for the products and/or shipping costs.
Article 5 PAYMENT AND INVOICING
5.1. The payment of the services is made via the solution PayPal and credit card . The goods are sent upon receipt of the payment.
5.2. The charge will appear on the bill/invoice as Leading Brands SA, Via Marconi 4, 6900 Lugano - CH - CHE-466.635.906 IVA, +41 (0) 918151922
Article 6 SECURE PAYMENT AND DATA PROTECTION
6.1. All payments are made securely. The data entered for payment is encrypted (https) and forwarded to PayPal or credit cards issuing companies in a secure manner in accordance with the PCI Data Security Standard. LB has no possibility whatsoever of accessing such data.
6.2. The use of personal data relating to the client by LB complies with the legislation in force, in particular with the data protection law. This data is processed in a confidential and secure manner.
6.3. LB will only process and store the data that it requires to provide and invoice its services. The stored personal data will enable the client to purchase new articles and ensure the smooth progress of the commercial transaction. Under no circumstances will such data be forwarded to third parties.
6.4. Google Analytics: this website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). This service uses cookies to enable the website to track the movements of its users. You may deactivate the cookies by selecting the appropriate settings on your browser. However, if you select these settings you may be unable to access certain parts of this website.
Article 7 TERMS OF DELIVERY
7.1 Products are sent to the delivery address indicated by the customer during the order process. By transmitting the order, the customer recognizes having taken note of the general terms of sale and accepts them.
7.2. LB has delegated the delivery of the products to external partners. In general, articles are available and delivered within 2 to 5 working days (in Switzerland). If an article cannot be delivered, the customer is informed about it by email.
7.3. There are no deliveries on Sundays or on national and cantonal holidays in Switzerland.
7.4. The delivery times indicated by LB are provided for guidance only. LB will seek to respect them. However, the client is not permitted to cancel the order if the indicated delivery time has passed, nor will such exceeding of deadline give reason for a claim for compensation or a late delivery penalty.
7.5. LB is not responsible for the theft of the goods once they have been delivered by the external partner. If there is any doubt about the security of the post box, it is up to the client to request recorded delivery. Upon delivery of the goods or their deposit at the domicile of the client, the benefits and risks (in particular of theft, damage by third parties, bad weather) are transferred to the client.
Article 8 SHIPPING COSTS
8.1. Packaging and shipping costs are payable by the client. They are listed under the heading “shopping cart” on the order form. We would ask you to refer to the heading “TERMS OF DELIVERY” (Article 7) for more information. There are no shipping costs for delivery in Switzerland.
8.2. The actually delivered quantity appears on the delivery note as well as on the invoice. In case of missing articles or reduced quantities, the customer can claim neither a compensation nor damages. If an invoiced product cannot be delivered, the corresponding amount is reimbursed to the customer. There is no new delivery and the customer cannot claim any damages.
Article 9 CONDITIONS OF GUARANTEE AND SERVICE “Satisfied or refund”
9.1 The products are sold with no other guarantee but the one of the producer.
9.2. To take advantage of the offer "satisfied or refund" for your products, you must fill in the “return” form on the webshop and return the products within 14 days to below address:
Leading Brands SA c/o Fiege Logistik
Via Passeggiata
6828 Balerna, Switzerland
9.3 The customer is in charge of the transport costs and risk for the return. The reception of goods which are sent with insufficient carriage or paid for on delivery will be refused.
9.4 All returned items must be new, unworn and in the original box, in perfect condition.
9.5 LB will refund the value of the returned item (bank account information required).
9.6 In any case LB reserves the right to only credit a part of the amount or nothing, if it is considered that the returned goods have been used or damaged.
Article 10 PROPERTY
10.1. The goods will remain the property of Leading Brands SA until the invoice is fully paid.
Article 11 RIGHT TO RETURN
11.1 The customer must verify the goods at reception. If the goods should unfortunately arrive in bad conditions, LB will handle the case within 48 hours after reception of a proving picture and explanations by email concerning the damaged goods.
11.2 If the customer orders by mistake, the goods cannot be returned nor refund.
Article 12 APPLICABLE LAW AND JURISDICTION
12.1 These General Terms and Conditions of Sale as well as the contracts concluded in pursuance thereof are governed by Swiss law.
12.2 Any disputes arising hereunder shall be settled before the competent court at the principal place of business of the company Leading Brands SA, Via Marconi 4 , 6900, Lugano, Switzerland. E-mail : ecommerce@brandsoftomorrow.ch.
Article 13 CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE
13.1. These General Terms and Conditions of Sale may be changed at any time by LB.
13.2. It is incumbent upon clients to keep up to date with the content and any changes to these General Terms and Conditions of Sale.