TERMS AND CONDITIONS FOR ONLINE SALES
The following terms govern the online sale of commercial products on www.investphila.com, the website of Investphila SA (hereafter Investphila). Investphila reserves the right to alter these terms without prior notice. Such modified terms will be effective as soon as they are published on the Investphila website and will be applied to all sales that take place after that time. Customers are requested to read the terms of sale carefully before making any purchases.
Order and delivery
An intended purchase will be brought about through the following stages:
- When an order is sent, the customer submits to Investphila a purchase order for the selected product or products. The sending of a purchase order implies that the customer agrees to receive the subsequent communications from Investphila described below, which have been drawn up exclusively for the conclusion and execution of the sales contract. When an order is sent, the sales contract is understood to have been concluded.
- Investphila will confirm receipt of the order submitted by the customer with an email allocating a 'Customer Order Number', which must be quoted in all subsequent correspondence with Investphila. If the customer does not receive confirmation of the order from Investphila, he is requested to contact Investphila by email (firstname.lastname@example.org) or by telephone +41 91 9116200. If it should not be possible, even temporarily, to process the order, whether in whole or in part, Investphila will send an email straightaway to make arrangements with the customer, it being understood that the customer can ask for a full or partial cancellation of the order.
- Investphila will undertake to send the ordered items to the customer using the Swiss postal service. Items will be despatched within 7 days of receipt of payment by the customer, which will be made using the method chosen at the time of the online purchase. Investphila will confirm by email when the order has been despatched. Payments can be made by credit card (VISA and Mastercard) or by bank transfer. With regard to credit card payments, Investphila uses the Six Multipay Sa "payment server" and transactions take place using SSL 128-bit encryption. All the data inputted into the system by a customer relating to his credit card is stored only and exclusively by the Six Multipay server. Investphila does not store any data relating to credit cards. The data stored by Investphila only concerns the information necessary for the sending of and billing for the products purchased.
The prices (inclusive of VAT and all other Swiss taxes and duties) are displayed next to each product in the online catalogue.
In addition to the price of the product there is an additional charge for shipping costs and, depending on the product purchased and the total amount of the order, a further charge for insurance costs.
The total amount of shipping and insurance costs (if the latter are applicable) is stated at the end of the purchasing process and therefore before the order is finalised.
Investphila reserves the right to alter, without prior notice, the prices of products and the charge for shipping and insurance. Such modified prices will be effective as soon as they are published on www.investphila.com and will be applied to all sales that take place after that time.
Right of withdrawal
In accordance with the regulations for the protection of consumers entering into distance-selling contracts, the customer has the option to exercise the right of withdrawal. Such right lies in the option, exclusively in the customer's favour, to withdraw from the purchase unconditionally, that is without having to provide Investphila with any explanation. The customer will, however, need to return any products that he has already received in their original packaging and without any breakages.
Investphila will reimburse the buyer with any money already paid towards the price of the products excluding the charges for shipping and for insurance, if applicable, which remain the buyer's responsibility. Reimbursement will be made by bank transfer within 20 days of the return of the goods, which is determined by the date in which they arrive at Investphila's offices in Via Motta 44, 6900 Lugano.
Right of withdrawal can be exercised at any time after the purchasing process has been concluded and within 7 consecutive calendar days from the date of receipt of the goods, determined by the date of receipt indicated by the postal service.
Right of withdrawal shall be exercised through a fax or registered letter to Investphila containing the following information:
Communication of withdrawal and the information requested above shall be made to Investphila by one of the following methods: email to email@example.com, fax to +41 91 9222052 or registered letter to Investphila Sa, Via Motta 44, 6900 Lugano.
- purchase number and date of purchase
- in the case of partial withdrawal, description and quantity of the products to be returned
- bank account details for receiving the reimbursement by bank transfer (name of bank, IBAN and BIC for payments abroad): in the case of the original payment being made by credit card, the reimbursement will be credited to the same card
Investphila notifies customers that personal data, provided by completing the "personal data" form or by any other method, will be treated as private data according to federal regulations. Such data remains at the disposal of the customer for verification and/or alteration. Deletion of this data, however, requires a special request to Investphila according to the methods set out above for communicating withdrawal.
With reference to this data, Investphila notifies the customer that:
All personal data stored on Investphila's servers are protected by security systems such as firewalls.
- gathering and dealing with data about a customer is necessary if the customer wants to order products or to access particular services (in this case a refusal by the customer would make it impossible to despatch the order or to provide access to the service), whereas it is optional in all other cases;
- the customer's data will be dealt with in written form and on electronic, telematic, magnetic and paper data-carriers; it will be treated in accordance with contractual requirements, including the operations of transferring funds, payment for and delivery of the products ordered, in order to fulfil obligations set out by the law or ordered by the Authorities and, with explicit authorisation, for purposes of interactive commercial and promotional information and for market research;
- the customer's data will not be published or communicated to third parties, except to the extent necessary for Investphila to carry out its contractual obligations: Six Multipay Sa for managing payments and the Swiss postal service for shipping goods;
- the customer's data, unless he instructs otherwise, will be communicated to the person to whom he has chosen to send as a gift one or more products purchased through Investphila. Such communication is deemed appropriate in order to avoid generating mistrust with the person who is the recipient of an anonymous package.
The person responsible for the treatment of personal data is Investphila SA, with headquarters in Via Motta 44 - Lugano - Switzerland - firstname.lastname@example.org - tel +41 91 9116200 - Fax +41 91 9222052.
Sales, together with all legal relations resulting from such sales, are subject to Swiss law. If differences or claims concerning the sales and/or legal relations resulting from such sales should arise, these are hereby referred to the exclusive jurisdiction of the court of Lugano, with any appeal to the Federal Court.