GENERAL INFORMATION
The « vivamea.com » website was developed and is operated by « Vivamea.com SA, PSE-D, CH-1015 Lausanne » (recorded in the trade register of « Canton Vaud in Switzerland »).
Any order taken for a product on sale on the « vivamea.com » website is based on the assumption that the buyer has read and accepted these terms and conditions beforehand.
Consequently, any buyer wishing to order on line acknowledges that he/she is fully aware of the fact that his/her agreement to the contents of these terms and conditions does not require his/her handwritten signature of this document.
The buyer may save or print these terms and conditions, it being understood that both saving and printing of the said document are his/her sole responsibility.
As far as we are concerned, we undertake to give you, whenever practical, the following information:
1. The accurate identification of the company.
2. The essential features of items for sale and their use.
3. The prices of items in Swiss Francs (CHF).
4. The conditions of payment and order fulfilment as well as the delivery charges.
5. The existence of a legal right of revocation.
Objects displayed on commercial illustrations are not delivered with the items.
The « Vivamea » is the exclusive property of «Vivamea.com SA».
You are voluntarily entering into an online relationship with Vivamea.com SA, which we believe will be beneficial to you. We intend it to be a rich and rewarding experience that will enhance your work-life-health/well-being relationships and patterns.
The instructions and advice presented in the Vivamea Wellbeing Coach and part of the self-managed coaching process are in no way intended as medical advice or substitute for medical counseling.
The Vivamea Wellbeing Coach does not diagnose, prescribe, or replace the services of a health professional. It is intended for educational purposes only. Please seek the advice of a licensed professional health care provider for any condition that may require medical or psychological attention. Please consult Vivamea.com’s Declaration of mutual understandings.
Any dispute arising in connection with the « vivamea.com » website operation shall be governed by the general sales conditions set out below. If, in spite of everything, the dispute remains unresolved, we shall personally seek a “non adversarial” solution.
Where appropriate, the courts of the Canton of « Vaud in Switzerland » shall be the only competent courts.
GENERAL SALES CONDITIONS
Article 1: Entirety
These general sales conditions constitute the entire obligations of the parties. Hence, the buyer is deemed to have accepted the full clauses provided for in these general sales conditions without reserve. No general or specific condition set out in the documents sent or given by the buyer may be incorporated herein, in as much as the said documents are inconsistent with these general sales conditions.
Article 2: Purpose
These general sales conditions aim to define the rights and obligations of the parties with respect to the online sales of services which are proposed to the buyer by « vivamea.com ».
Article 3: Contractual documents
This contract contains the following contractual documents, ordered by decreasing importance: these general sales conditions and the online order form. In case of contradiction between provisions contained in documents of different ranks, the provisions of the higher rank document shall prevail.
Article 4: Effective date and duration
These general sales conditions shall become effective from the date of the sending of the online order. They shall remain in force during all the time necessary to provide subscribed services, until the expiry of the period due by « vivamea.com ».
Article 5: Electronic signature
The last “click” of the buyer on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6: Order confirmation
The contractual information will be confirmed by e-mail indicated by the buyer on the order form.
Article 7: Proof of the transaction
The computerized records, kept reasonably safely in « vivamea.com »’s computer systems, shall be considered as proofs of the communications, orders and payments that occurred between the parties. The archiving of order forms and invoices is made on a reliable and durable medium that may be issued as a proof.
Article 8: Information about services.
8-a: On its website, « vivamea.com » displays the services for sale with all the necessary information enabling the potential buyer to know the essential features of the services he/she intends to buy before placing a definitive order.
8-b: Offers presented by « vivamea.com » are valid only while accessible to the services.
« vivamea.com » shall in no event be held responsible for any services being undeliverable.
8-c: « vivamea.com » reserves the right to change and replace services depending on its own service offerings.
8-d: The pictures displayed on the website are not contractual.
Article 9: Pricing
Prices are indicated in Swiss francs (CHF), and are only valid at the date when the buyer sends the order form. For deliveries in Switzerland, prices do not include the VAT applicable at the date of the order, since « vivamea.com » is not liable to VAT at this time. Any change of situation shall automatically be reflected in the prices of the services for sale on « vivamea.com » online site.
Full payment must be made upon ordering, and in any event before shipping or given access to the ordered items. At no time any monies received may be considered as a deposit or a down payment.
Article 10: Method of payment
To pay his/her order, the buyer may choose between all the methods of payment proposed on the online order form. The buyer guarantees « vivamea.com » that he/she has the authorizations required to use the chosen method of payment, upon validating the order form. « vivamea.com » reserves the right to suspend any order procedure or any delivery if authorization of payment by debit card is denied by any certified financial institution or in case of non-payment of the order. « vivamea.com » specifically reserves the right to refuse to carry out a delivery or to honour an order coming from a buyer who has not fully paid an order or with whom a dispute is underway. « vivamea.com » has implemented an order check-out procedure to insure no one is using someone else’s banking information without their knowledge. « vivamea.com » reserves the right to use this procedure if any doubt arises with regard to the client’s legitimacy. With respect to this check-out, the client shall be required to scan and send by e-mail « vivamea.com » a copy of an identification paper with a proof of domicile. Our services shall validate the order only after receiving and checking out papers sent by the buyer.
Article 11: Delivery error
11-a: The buyer shall report, within « 48 hours » any claim concerning delivery errors and/or non-compliance of the services (regarding their nature or quality) compared to the indications mentioned on the order form. Any claim submitted after this time limit shall be rejected. To have the right to return the product on account of a delivery error, the buyer shall in no event have unsealed, opened or used the item.
11-b: The submission of this claim to « vivamea.com » shall be exclusively done by e-mail.
11-c: Any claim not submitted according to the aforementioned rules and time periods shall not be taken into account and shall relieve « vivamea.com » of any liability towards the consumer.
Article 12: Act of God
Neither party shall be liable for failing to perform its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event or an act of God. A fortuitous event or an act of God shall be defined as any fact or circumstance compelling, exterior to the parties, unpredictable, unpreventable, independent of the will of the parties and not preventable by them, despite all the efforts reasonably possible. The party affected by such circumstances shall notify the other within « 48 hours » following the date it becomes aware thereof. Explicitly, are considered as acts of God or fortuitous events, besides those usually considered as such by the law: blockage of means of transport or of supplies, earthquakes, fires, storms, floods, thunderbolt; disruption of telecommunication networks or difficulties specific to telecommunication networks beyond the clients’ control.
Article 13: Partial non-validation
If one or several provisions of these general sales conditions are considered or declared invalid in application of a law, a regulation or the final decision of any competent jurisdiction, the other provisions shall remain in full force and effect.
Article 14: Governing law
These general sales conditions are governed by Swiss law and particularly by the Code of Obligations, which governs things not expressly mentioned in these general sales conditions. It applies to substantive rules as well as to procedural rules. If any dispute or claim arises, the buyer shall preferably turn to « nom site » in order to seek a non adversarial solution. Thereafter and in the event of an appeal, the buyer shall be entitled to file a claim with the courts of the Canton of « Vaud of Switzerland ».
Article 15: Computer science and liberties
The information asked to the buyer is necessary for his/her order processing and may be exclusively communicated to « vivamea.com»’s contractual partners involved in the fulfilment of the said order. The buyer may write to « nom site » to exercise his/her rights of access and rectification on his/her personal information contained in « vivamea.com »’s files.