ARTICLE 1: PREAMBLE

Welcome to our site gyn-repair.com

You are using the online sales service of the company REPAIR-A (hereafter “the Vendor” or “REPAIR-A”), a Swiss corporation, whose head office is located in Nyon, registered in the Swiss trade register under number CHE-113.757.159. This service is offered by gyn-repair.com

Each buyer (hereafter “the Consumer”), natural or legal person, is systematically made aware of the present general terms of sale to enable him or her to place an order on the present internet site to the exclusion of all other conditions.

The purchaser prior to the order declares that he/she has full legal capacity to commit him/ herself under these general terms of sale.

As a result, any access, use or order of one or more products on the site gyn-repair.com implies the consultation of full and unconditional acceptance, unreservedly, of the Consumer, of these general conditions of sale to the exclusion of all other documents, such as prospectuses and catalogues issued by the Vendor, which only provide a general guideline.

Any contrary condition imposed by the Consumer, unless expressly agreed, will therefore be unenforceable to the Vendor regardless of the time it was brought to their attention.

The fact that the Vendor fails to invoke at any given time the present general conditions of sale, cannot be interpreted as a wish to waive the right to prevail against these conditions at a subsequent time.

ARTICLE 2: CUSTOMER SERVICE

Our Customer Service Department is at your disposal should you have any questions, or require any further information or advice:

Postal address: Customer Service

Repair-A SA C/O Elanix Biotechnologies SA
CP 2622
CH-1260
Nyon
E-mail: info@gyn-repair.com
Tel: 00800 72887288

ARTICLE 3: QUALITY CONTROL

Our ingredients come from controlled manufacturing. The manufacturing conforms to the “Good Manufacturing Practices” according to ISO 22716.

ARTICLE 4: PRICE

The prices of our products are indicated in Swiss francs (CHF) in Euros (€) or in Livre britannique (GBP), excluding shipping costs and processing, when leaving our warehouse in Switzerland or in Europe.

For those countries belonging to the European Union (excluding French overseas territories), the prices indicated include Value Added Tax (VAT) applicable on the day of the order. For those overseas French departments and territories, the European countries outside the European Union and the Maghreb countries, VAT will not be charged. For all other countries, the prices indicated do not include tax.

Any change in the VAT rate applicable will be automatically passed on to the prices of products sold by REPAIR-A on its Internet Site.

The sales price of products may be changed by REPAIR-A at any time, on the understanding that the prices invoiced are those in force on the date of the order.

The processing and shipping costs of the order are invoiced in addition and these are communicated before validation of the order by the Consumer.

ARTICLE 5: CUSTOMS FEES FOR COUNTRIES OUTSIDE SWITZERLAND OR FRANCE

Certain taxes or customs fees may be due when the package reaches its destination. These are to be charged exclusively to the Consumer and are his sole responsibility. REPAIR-A is not obliged to inform the Consumer of customs fees or other applicable taxes.

ARTICLE 6: ORDERING AND VALIDATING THE TRANSACTION

It is important to enter your telephone number, postal address and e-mail address when you make the order. While validating the order, you declare that you totally and unreservedly agree to this as well as to all present general terms of sale. Thus your order will be sent to our customer service for processing. You may then print your order form.

We reserve the right to refuse any order from a customer with whom there may be a dispute concerning the payment of a previous order.

As soon as your order is registered, a detailed acknowledgement will be send to your email address. This acknowledgement will specify the exact amount invoiced and the terms of delivery of your order. This acknowledgment serves as acceptance of your order and will validate the transaction. You accept that our order recording systems are considered as proof of the nature of the agreement and its date.

Any orders sent in this way to our customer service department cannot be changed unless approved in writing by us.

ARTICLE 7: AVAILABILITY OF PRODUCTS

Repair-A makes every effort to ensure the availability of its products. An indication of the availability of the products is provided to the customer on each product description.

If, despite the vigilance of REPAIR-A, products initially listed as in stock should become unavailable after ordering, REPAIR-A will inform the Consumer by email as soon as possible.

ARTICLE 8: APPROVED MEANS OF PAYMENT

The Consumer must pay for his order by bank card (VISA, EuroCard, MasterCard, Postcard) and soon will be able to use Paypal. The card will be debited the day of ordering and is considered to have been paid after confirmation of the agreement by the bank processing centres. The Consumer guarantees REPAIR-A that he or she has the necessary authorisations to use the method of payment he/she chose when the purchase order was recorded.

REPAIR-A reserves the right to suspend or cancel any order and/or delivery in the event of non-payment by the Consumer of any sum due, in the event of a payment incident or in the event of fraud or attempted fraud relating to the use of the site gyn-repair.com.

REPAIR-A reserves the right to request a photocopy of the identity card and/or the bank card of the Consumer for amounts greater than 500 CHF/€/GBP.

Within the context of combating fraud on the Internet, information relating to the Consumer’s order may be sent to third parties for verification.

Article 8.1: Secure payment

Payment is made according to the authorised method of payment on the site gyn-repair.com. Online payment by bank card is fully secure. The entire transaction is directed in encrypted mode to a bank validation server in SSL (Secure Socket Layer) mode. So your purchases can be made in absolute security.

ARTICLE 9: PROPERTY RESERVE

The transfer of ownership of our products is suspended until full payment of the price of these by the customer, both principal and ancillary costs, even if payment terms have been granted. Any contrary clause, especially when inserted into the general purchasing conditions of purchase, shall be deemed to be null and void.

By express agreement, REPAIR-A can exercise the rights it holds under this retention of title clause, for any of its debts, on all of its products that are in the customer’s possession, said products being contractually presumed to be unpaid, and our company may take them back or claim them in compensation for all its unpaid invoices, without prejudice to its right to rescind sales in progress, as specified below.

ARTICLE 10: CANCELLATION IN THE EVENT OF NON-PAYMENT

In the event of non-payment for the merchandise by the Consumer within the payment deadline, the Vendor has the right to cancel the sales contract, to recall the merchandise and to claim damages for loss of income and for additional actions that had to be taken because of non-payment.

ARTICLE 11: DELIVERY AND SHIPPING COSTS

Article 11.1 General rule:

Delivery is made to the address that the Consumer indicated when ordering. It is the Consumer’s responsibility to provide all the necessary instructions to ensure that the package arrives at its destination. The transfer of risks on products sold by our company is made at the time of hand-over to the carrier.

The Consumer is obliged to check, in the presence of the delivery person, the state of the packaging of the merchandise and its contents on delivery. If the Consumer’s package was posted directly through the letter box and is damaged, the Consumer must go to his or her post office to ask for a statement of damage, without opening the parcel. If this is not requested on the same day as the delivery, the post office may refuse to take this into consideration and therefore REPAIR-A will not be able to accept any requests to send replacement products for the damaged parcel.

Article 11.2. Shipping timeframes and costs

Shipping costs are fixed and represent an amount of 10 CHF/€/GBP. Delivery is free for purchases of over 140 CHF/€/GBP.

Shipping timeframes are between 3 and 7 days. These timeframes are an estimate: if they are exceeded in any way this will not result in compensation, stoppage or cancellation of the order by the Consumer.

If delivery does not take place within thirty (30) days, the Consumer will be offered the opportunity of cancelling his or her order of products that remain undelivered (except if the delay in delivery is due to a force majeure within the meaning of case law). Sums paid by the Consumer for products that remain undelivered will be repaid within thirty (30) days of the request for cancellation by the Consumer, and no other compensation will be paid. The Consumer must submit his request by e-mail to the address info@gyn-repair.com

REPAIR-A cannot be held responsible for delivery in all cases of force majeure (strikes, flooding, fire, etc. This list is not exhaustive).

Receipt without reservation of the products ordered by the customer covers any apparent missing and/or defective goods.

A complaint made by the Purchaser under the conditions and according to the methods described in the present article, does not suspend payment by the customer for the goods in question.

Under no circumstances can our company be made liable for acts of destruction, damage, loss or theft that occur in transit, even if they have chosen the carrier.

In the event of non-payment in full within 48 hours of an invoice that is due, after issue of an unsuccessful formal notice, our company reserves the right to suspend any ongoing and/or future delivery.

Article 11.3 Characteristics of Delivery in Switzerland

Delivery is made by the deliverer to the address indicated by the purchaser on the purchase order. An acknowledgement of receipt must be signed by the purchaser. In case of absence, the buyer receives a notice of passage from the delivery company, and can request, via the Internet, a delivery of the parcel the following day.

In case of non-claim of the parcel from our partner within the time limit, and the return of the parcel to REPAIR-A, the customer will have the option of havingthe parcel redelivered by paying for in advance, postage costs for redelivery , regardless of the initial amount of the postage paid.

If the parcel is returned by our partner stating the reason “does not reside at the address given”, and subject to the products being received in perfect condition, REPAIR-A will issue a credit (equivalent to the total amount of the order, minus shipping costs, already paid by the Consumer or by REPAIR-A) which will be credited to the bank card of the Consumer. The Consumer may then place a new order, once the delivery address has been corrected..

Article 11.4 Delivery Characteristics outside of Switzerland

Delivery is made by the deliverer to the address indicated by the purchaser on the purchase order. An acknowledgement of receipt must be signed by the purchaser. In case of absence, the purchaser receives a notice of delivery from th delivery company, which allows the purchaser to withdraw the ordered products, at the nearest post office, for a period of fifteen days.

In the event of a non-claim of the parcel from the carrier within the time limit and the return of the parcel to REPAIR-A, the customer will have the option of having the parcel resent by paying in advance any additional postage required, regardless of the initial amount of the postage paid.

If the parcel is returned by the carrier stating the reason “does not reside at the address given”, and subject to the products being received in perfect condition, REPAIR-A will issue a credit (equivalent to the total amount of the order, minus shipping costs, that were paid by the Consumer or by REPAIR-A) which will be credited to the bank card of the Consumer. The Consumer may then place a new order after previously correcting his delivery address.

ARTICLE 12: GUARANTEE

The Vendor guarantees that the merchandise is manufactured, controlled and packaged without material defect.

The products must be checked by the customer upon delivery, and any complaint, reservation or dispute relating to apparent missing or defective goods must be made within a 48-hour period of receipt of the order. In the event of apparent defects, the defective items must be replaced by us after we have verified the alleged defects.

The Consumer must provide justification as to the reality of the defects noticed, since our company reserves the right to carry out directly or indirectly any inspection or verification in situ.

Any defect or deterioration of the products delivered resulting from abnormal conditions of storage and/or while in the custody of the customer, especially in the event of an accident of any kind, cannot be guaranteed under our company warranty, e.g.: storage near a heat source.

REPAIR-A declines any liability in the event of re-sale of the products outside of Switzerland and the European Community for any action of any kind directed against the Consumer for violating applicable regulations regarding material composition, labelling and product safety.

The products proposed comply with the applicable Swiss and Community legislation (EC). REPAIR-A cannot be held liable in the event of non-compliance with the legislation of the country where the products are delivered. It is the Consumer`s responsibility to check with local authorities the importation or usage opportunities for the products or services that he intends to order.

ARTICLE 13: INTELLECTUAL PROPERTY

In agreement with the laws governing the ownership of literary and artistic rights or other similar rights, the internet site of REPAIR-A and all the elements, trademarks, drawings, models, logos, diagrams etc. located on this site, in addition to their compilation, are the exclusive property of REPAIR-A or their suppliers, the latter not granting any licence or right other than the ability to visit the site.

The reproduction or use of all or part of these elements is only authorised for the exclusive purpose of information for personal and private use, since any reproduction or use of copies made for other purposes is expressly prohibited.

Any other use without the prior written authorisation of REPAIR-A constitutes an infringement of patent and is punishable under the Intellectual Property Code.

All technical documents given to our customers remain the exclusive property of the company REPAIR-A, the sole holder of intellectual property rights on these documents, and must be returned to them at their request.

Our customers undertake not to use any of these documents in a way which may infringe the industrial or intellectual property rights of our company and undertake not to divulge them to any third parties.

Any simple or hypertext link to gyn-repair.com is strictly prohibited without the prior written agreement of REPAIR-A.

ARTICLE 14: DISCLAIMER

gyn-repair.com is edited by REPAIR-A SA, and is published “as is”.

REPAIR-A cannot be held liable for damage linked to use of this site, whether it be by direct, indirect or subsequent act.

ARTICLE 15: RESERVATIONS

REPAIR-A reserves the right to change the site and the general terms of sale at any time. In the event of any contradiction between the versions of a contract or conditions of sale translated into different languages, only the French version shall prevail. If even one provision of the present conditions is cancelled or devoid of legal effects, the other provisions shall remain valid. In this circumstance the provisions that are cancelled or devoid of legal effects must be replaced by a valid provision which has similar consequences to the cancelled provision.

ARTICLE 16: LEGAL NOTICES

The present contract is subject to Swiss law. Application of the Vienna Convention of 1980 on contracts for the international sale of goods is expressly excluded. The language of the present contract is French. In the event of dispute, only the Swiss courts shall be competent and the place of jurisdiction Lausanne.