Terms and Conditions
Article 1: Application field
The following general sales conditions are due to establish the regulations between :
- The JBY Sarl company, 14 chemin de Sous-Bois, 1202
- The web user accepting the general conditions of www.MyPrivateBoutique.ch, hereunder designated as the customer.
Article 2: Products / Services
2.1 The products / services sold are described on the website www.MyPrivateBoutique.ch at time of purchase.
2.2 The products are available on the website depending on the stock availability
Article 3: Price, delivery fees participation
3.1 The prices are net, in Swiss Francs, VAT included and are applicable during the entire sales period
3.2 Delivery fees are on top of the indicated retail prices and appear under the « basket » section of the order form
3.3 Orders delivered outside
Article 4: Sales validation, payment, confidentiality
4.1 The sales is concluded once the customer has validated his/her basket by clicking on the “confirmation” button and when he/she receives a confirmation through e-mail
4.2 The purchase amount is due at the time of the ordering without any discount. The payment can only be done by credit card (Visa or Mastercard), postcard or yellownet account
4.3 JBY Sarl does not have access to the confidential data related to the payment. The data is encrypted and transmitted to the SaferPay company through a secure system to which JBY Sarl does not have access.
Article 5: Delivery
5.1 The products are delivered to the address indicated by the customer during the ordering process
5.2 Unless special mention during the order validation, goods are delivered within 3 to 7 days for boutique purchases and 3 to 21 for private sales purchases from the end day of sale - timelines only valid for Switzerland, other countries depending on local postal services.
5.3 JBY Sarl takes the responsibility to advise the customer in case of important delay in the delivery. No indemnity can be claimed for delivery delays.
5.4 The amount of delivery fees is indicated in the basket section and is subject to approval of the customer before the validation of the order
Article 6: Guarantee in case of default, return policy
6.1 If the product presents a default, JBY Sarl’s responsibility is limited to the return of the product and the reimbursement of the related product price provided that the return conditions described here below are respected
6.2 Independently of a default, the customer can return at his/her costs the order within 7 days as of reception date provided that he/she has filled in the return form within 2 days after reception of the product. The form can be found under the “contact” section on www.MyPrivateBoutique.ch. - Product shall only be returned with original packaging.
6.3 In case of return in accordance with paragraphs 6.1 and 6.2 here above, the price paid will be reimbursed by crediting the credit card or Postal account of the customer.
6.4 For wines and spirits, the buyer confirms, through his order that he/she has reached the required legal age.
6.5 We do not accept any returns for underwears, beachwears, wines and spirits.
Article 7: Modification of terms and conditions
7.1 The present General conditions can be modified at any time by JBY Sàrl.
7.2 It is the customer’s responsibility to regularly keep updated with the content of any modification of the present General conditions by consulting the following website: http://www.MyPrivateBoutique.ch
Article 8: Applicable Law and jurisdiction
8.1 The business relation between JBY Sàrl and the cutomer are regulated by the Swiss Law.
8.2 For any litigation between JBY Sàrl and the customer, the applicable jurisdiction is the one of the location of the headquarters of JBY Sàrl in
TERMS OF USE
1.1 Your access and use of the websites of JBY Sàrl which includes www.MyPrivateBoutique.ch are governed by the present terms of use (the “Terms of Use”). By accessing, browsing and using our Websites you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us.
1.2 If we decide to modify our Terms of Use, we will post a new dated version on our Websites. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with any changes.
2. Copyright and Intellectual Property
2.1 The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of JBY Sàrl or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a license or a right to use any such content of our Websites.
3. Use of the Websites
3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of JBY Sàrl.
3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of JBY Sàrl.
3.2 JBY Sàrl neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.
4. Information Deemed Non-Confidential
4.1 Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Policy. JBY Sàrl invites you to read such Privacy Policy carefully before providing us with any such personally identifying data and information.
4.2 Any other information or material communicated to through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of JBY Sàrl and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, JBY Sàrl is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.
4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that JBY Sàrl’s use will not violate any third party's rights. JBY Sàrl is under no obligation to use the information provided.
5. Disclaimer of Warranties
5.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES ARE FURNISHED TO YOU “AS IS”, IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTIBILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5.2 JBY Sàrl DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.
5.3 SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
5.4 Any advise or information, be it oral or written, obtained from JBY Sàrl or during the use of services made available on the Sites, shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use.
6. Limitation of Liability
6.1 You access, use, browse and navigate on our Websites at your own risk and peril.
6.2 YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER JBY Sàrl, ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY JBY Sàrl), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT.
6.2 ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. JBY Sàrl assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in the IT systems.
6.4 JBY Sàrl reserves the right to interrupt or discontinue any or all of the functionality of its Websites. JBY Sàrl accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of JBY Sàrl or any third party.
7. Change of Information
The content of our Websites may contain inaccuracies or errors. JBY Sàrl reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.
8. Availability of Products / Services
Our Websites may contain information on JBY Sàrl's worldwide products and services, not all of which are available in every location. A reference to a JBY Sàrl product or service on the Websites does not imply that such product or service is or will be available at your location.
9. Links
9.1 As a service to our visitors, our Websites may contain hypertext links leading to other websites that are not operated or controlled by JBY Sàrl. JBY Sàrl shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions.
9.2 The creation of any hyperlink to our Websites is prohibited without prior written consent of JBY Sàrl.
10. Miscellaneous
10.1 The present Terms of Use embody the entire agreement concluded between JBY Sàrl and yourself concerning the access and the use of the Websites and their content. Any other terms or conditions issued by JBY Sàrl and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms of Use; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use.
10.2 The fact that JBY Sàrl tolerates a violation by yourself of one of the obligations set out in the Terms of Use, or does not enforce a right attributed to it there under or under the law shall not be construed as a waiver by it to invoke and enforce its rights.
10.3 In the event that any provision of the Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of the Terms of Use maintaining full force and effect between yourself and JBY Sàrl.
10.4 The headings of the provisions of the Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.
JBY Sàrl – www.Myprivateboutique.ch
08/2009