The following are governed by these General Conditions of Sales: all orders placed by individuals, referred to as “you” or “customer”, with le Musée Barbier-mueller. referred to as “le Musée Barbier-mueller” or “we”, “us” or “our” and having its registered office at rue Jean-Calvin, 10 1204 Geneva, Switzerland or remotely (letter, telephone, fax, the Internet).
Each order placed with the Musée Barbier-mueller shall be governed by the present General Conditions of Sales. Unless otherwise provided in the present General Conditions of Sales, they shall apply to the exclusion of all other conditions.
Our General Conditions of Sales may be modified from time to time by posting a new dated version on this Website. You are invited to read our General Conditions of Sales on a regular basis to be informed of these modifications. You will be subject to the General Conditions of Sales in force at the time you order Products from us, unless any change is required to be made to these by law or governmental authority (in which case it will apply to orders previously placed by you). You may exercise your right to cancel if you are not happy with the changes as they apply to your order.
As a prerequisite to place an order, you will be required to provide mandatory registration information, such as your name or email address that will need to be correct and up-to-date.
Please inform the Musée Barbier-mueller of any changes in your address or other information by updating your personal details on this Website without delay, so that we can keep accurate records and deal with your request and orders.
2.2 Password and confidentiality
After the registration procedure is completed on the Website, you will have a unique member account username and password (the “Credentials”). We ask you, and it remains your responsibility, to maintain the confidentiality and security of your Credentials. Any successful login using your Credentials, regardless of whether it was executed by you or someone else, will be deemed as a personal act by you.
If you know, or have reason to believe that your Credentials were stolen or misused, or in case of any other security issue, you should notify the Musée Barbier-mueller immediately by calling the Customer Relationship Centre on 022 312 02 70 (or +41 22 312 02 70 from outside of Switzerland).
If the Musée Barbier-mueller knows or has reason to believe that your Credentials are indeed used by another person, the Musée Barbier-mueller shall immediately suspend the use of such account (including processing any transaction from such account).
2.3 Order Process
You can place your orders:
– by internet: shop.barbier-mueller.ch
– from your mobile phone via shop.barbier-mueller.ch
-by telephone: 022 312 02 70 or + 41 22 312 02 70 from outside of Switzerland
– by letter : Musée Barbier-mueller, rue Jean-Calvin, 10 1204 Genève
An order of Products through the Website is placed by clicking on the “Add to Basket” button and proceeding to the checkout page.
The Musée Barbier-mueller offers its Products on this Website within the limits of its available stocks.
After placing an order of Products on the Website, you will access an order confirmation webpage allowing you to review your order, choose your delivery method and check the total price.
After accepting the General Conditions of Sales, you will be invited to provide payment details to finalise your order.
Please never provide your debit or credit card details on letters or faxes. You will be called back to finalise the order and proceed to the payment in a secure way.
2.4 Order Confirmation
Once you have submitted and confirmed your order(s), the Musée Barbier-mueller will acknowledge receipt of the order(s) by setting out details of the ordered Products.
After confirming receipt of your order(s), the Musée Barbier-mueller will check that the relevant Products are in stock. A contract for the sale of Products between you and the Musée Barbier-mueller will only be formed when the Musée Barbier-mueller confirms that all or part of the Products are still available and has sent the confirmation that the contract has been concluded.
The contract for the sale of Products will relate only to those Products whose dispatch we have confirmed.
To the extent permitted by law, the Musée Barbier-mueller is entitled to refuse, cancel or terminate an order for any reasonable ground and at any time. For example, we may refuse an order if a Product is totally or partially unavailable after the order is made. In this situation, you shall be informed of the delivery of partial order or the cancellation of your order. If you have already paid for some or all of the Products, we will refund you the full amount in respect of the relevant Products and any delivery costs charged as soon as possible. the Musée Barbier-mueller may also refuse an order if there is an ongoing dispute concerning payment of prior orders or in the case of abnormal orders and orders which the Musée Barbier-mueller suspects are not placed in good faith.
The prices payable for the items you order are those displayed on this Website on the date you place your order, inclusive of any applicable sales tax.
Delivery charges, when applicable, will be billed at the rates indicated on the Website on the date you place your order, calculated in accordance with the size of the order and the delivery method you select. You will be advised of the delivery charges applicable to your order during the checkout process and before you place your order.
the Musée Barbier-mueller reserves the right to modify the prices of its Products in the future. The modifications of prices will not apply to orders of Products confirmed by the Musée Barbier-mueller.
Payment shall be made by one of the methods you have selected during the checkout process. Payments can be made by invoice, credit card or debit card (PostFinance), or any other payment method that may be proposed by the Musée Barbier-mueller. Payments must specify your client number and/or invoice number.
Your card details are encrypted during all transmissions for security purposes. Depending on the payment establishment or payment service provider, payment by credit card may require an authorisation or be executed in multiples steps. In the event the Musée Barbier-mueller does not receive the authorisation, the Musée Barbier-mueller reserves the right to cancel your order.
In the event that your credit card or debit card (PostFinance) cannot be charged, the Musée Barbier-mueller will place your order on hold and send you a notification that the payment could not be executed. No order will be shipped until payment is received or payment has been authorised or processed. The Musée Barbier-mueller reserves the right to refuse any new order until full payment of any overdue balance.
All orders confirmed by the Musée Barbier-mueller will be delivered to the delivery address you specified when placing your order.
TheMusée Barbier-mueller may contact you by SMS, telephone and/or email with information regarding your order and delivery.
theMusée Barbier-mueller does its utmost to ensure standard deliveries (subject to stock availability and after receipt of cleared funds).
3.2 Default of payment and transfer of risk
The Musée Barbier-mueller reserves the right to withdraw from the contract and demand the return of the Products in case you are in default to pay all amounts owing under the agreement in full, including the payment of all costs included in the order confirmation.
All risk of loss, or damage to the Products shall be transferred to you upon your taking delivery (or of any persons acting in your place).
3.3 Product verification
At the time of the delivery, you are asked to verify that the number of items being delivered corresponds to that indicated on the delivery confirmation and that the Products are intact, undamaged, not wet and unaltered in any manner.
In case you observe damage or missing items, you must notify and file claim with the carrier and notify our Customer Relationship Centre within seven (7) days after the delivery. The Musée Barbier-mueller shall in such case provide you with identical replacement Products.
4. RETURNS AND AFTER-SALES
You have the right to return any Product that does not suit you within fourteen (14) days after receipt of the Products. The Musée Barbier-mueller will only accept returns of Products that are in an undamaged and unused condition, in their original condition and packaging and accompanied by the invoice. You may call our Customer Relationship Centre and ask for a free return label.
You are liable for any diminished value of the Products resulting from the handling by you other than what is necessary to establish the nature, characteristics and functioning of the Products.
For health protection and hygiene reasons, you cannot exercise your withdrawal right for capsules of which the packaging has been opened.
4.2 Effects of withdrawal
When returns are properly completed, the Musée Barbier-mueller shall reimburse the price of the returned Products and the invoiced delivery charges within a maximum of thirty (30) days upon receipt of the returned Products. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
The photographs and texts illustrating and describing the Products on this Website are non-contractual and for information purposes alone. The Musée Barbier-mueller shall not be liable in case of errors or omissions in the photographs or texts displayed on this Website.
Without limiting the scope of these General Conditions of Sale and to the extent permitted by applicable law, no claim of any kind, whether as to Products delivered or non-delivery of Products, or otherwise, shall be greater in amount than the purchase price of the Products in respect of which damages are claimed. In no event shall the Musée Barbier-mueller be liable for any indirect, incidental or consequential damages of any nature (even if the advent of such damage was known or could have been known by the Musée Barbier-mueller), capable of arising in connection with its Products, their use, sale or this Website.
We expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these General Conditions of Sales. We only supply the Products for personal and private use and you agree not to use the Products for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Nothing in these General Conditions of Sales exclude or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) defective Products; or (iv) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
6. FORCE MAJEURE
The Musée Barbier-mueller will make every reasonable effort to fulfil its obligations. However, the Musée Barbier-mueller cannot be held responsible or liable for delays or failure to deliver caused by circumstances beyond its reasonable control (“force majeure”). Such circumstances include without limitation strikes and industrial action by third parties, civil commotion, riots, wars, natural catastrophes or any others that make impracticable or impossible the production, transportation or delivery of Products.
In the event of a delay caused by force majeure, the Musée Barbier-mueller’s obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event. The Musée Barbier-mueller will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining Product supply among customers in a fair and reasonable manner.
7. LAW AND FORUM
The present General Conditions of Sale and your purchase of Products from the Musée Barbier-mueller shall be governed by and construed in accordance with the laws of Switzerland, without resort to its conflict of law provisions.
Any dispute or claim arising out of or in connection with General Conditions of Sale or your purchase of Products from the Musée Barbier-mueller (including non-contractual disputes or claims) shall be subject to the jurisdiction of Switzerland.