The Serena Pilates website, accessible at www.serenapilates.comis operated by Dubois Lauryne, Piqo Communication Sàrl and NBD Holding Sàrl. The site was developed by e-Medias Sàrlwhose registered office is at Impasse des Rives 2, 2825 Courchapoix, and is hosted in Europe by the company Hostinger International Ltd.. Use of the site, browsing its pages and confirming an order imply full acceptance of these general terms and conditions of sale and use, which govern the contractual relationship between the seller and any buyer making an online transaction. These conditions constitute the legal framework applicable to the purchase of the product offered on the site and specify the respective rights and obligations of the parties.
Products and orders
The Serena Pilates website offers a single product: a Reformer Pilatesa machine designed for Pilates practice, sold at a price of CHF 249.00 all taxes included. The description of the product is given on the site for information purposes only and every effort is made to be as accurate as possible. However, the photographs and graphic representations are for guidance only and the seller cannot be held liable for any minor differences with the product delivered. The price displayed is firm and definitive at the time the order is placed, and includes the applicable VAT. No additional costs will be invoiced to the customer, except for any costs relating to the return of a product when exercising the right of withdrawal. The seller reserves the right to change the price at any time, without this affecting an order that has already been validated and confirmed. Orders are placed exclusively via the website. The purchaser selects the product, enters their billing and delivery details, chooses a payment method from those offered (bank card, bank transfer or other secure methods), then validates their order. The order only becomes firm once payment has been confirmed. Confirmation is then sent by e-mail, which constitutes acceptance of the order by the seller. However, the seller reserves the right to refuse or cancel any order in the event of suspected fraud, a previous payment dispute or the supply of manifestly erroneous data.
Delivery and cancellation
Delivery is an essential part of the sale and Serena Pilates undertakes to dispatch the product as soon as possible. Deliveries are only made to certain expressly defined geographical areas: United States, United Kingdom, Austria, Canada, New Zealand, Ireland, Switzerland and France. For these destinations, shipping costs are availableNo surcharges will be applied. Deliveries outside these areas, known as the "rest of the world", are not available and no order can be validated if the delivery address does not belong to one of these countries. Average delivery times are estimated at between seven and twenty-one working days, but may vary depending on the carriers, customs formalities or any other event beyond the seller's control. The risks associated with transport remain the responsibility of the seller until the package is actually handed over to the customer, unless the customer has chosen a carrier other than the one offered. The buyer also benefits from a thirty-day right of withdrawal from receipt of the product. Within this period, the customer may return the product without giving any reason. However, the product must be returned in perfect condition, complete, unused and in its original packaging. The cost of returning the product is borne exclusively by the purchaser, who is responsible for organising the return transport. The seller will then refund the amount paid (excluding return costs) within a maximum of fourteen days following receipt of the returned product and after checking its condition. If the returned product is damaged, incomplete or cannot be put back on sale, the refund may be partial or refused.
Guarantees and liabilities
In addition to the right of withdrawal, the buyer benefits from the legal guarantees in force, namely the guarantee of conformity and the guarantee against hidden defects. If the product has an obvious defect, a malfunction unrelated to misuse or a manufacturing fault, the customer must inform the seller in writing, enclosing photographs or any other evidence enabling the problem to be identified. After evaluation, the seller may offer to replace or refund the defective product. However, the seller may not be held liable for indirect damage suffered by the purchaser, such as loss of business, loss of income or any other financial loss. The Pilates Reformer must be used in accordance with the instructions and recommendations for use. This product is intended for supervised sports practice, and the seller declines all responsibility in the event of injury, bodily harm or material damage resulting from inappropriate use, lack of maintenance or improper use. The customer is solely responsible for his/her state of health and physical fitness to practice Pilates with this equipment. The seller does not provide any medical advice and it is the responsibility of the user to consult a health professional before beginning any intensive sports practice.
Intellectual property and personal data
All content on the Serena Pilates website, whether text, images, videos, logos, graphics or design, is protected by intellectual property laws. Any reproduction, representation or use, in whole or in part, without the express authorisation of the owner constitutes an infringement of copyright and may give rise to legal proceedings. The personal data collected at the time of ordering is essential for the processing and delivery of purchases. This information is treated confidentially and is only used within the strict framework of the commercial relationship. It may be stored and secured in accordance with the rules in force in Europe and Switzerland. No data will be transferred to third parties without the customer's prior consent, unless required by law or requested by the competent authorities. In accordance with the General Data Protection Regulation (RGPD), customers have the right to access, rectify and delete their personal information by sending a written request to the site owner. The site may also use cookies in order to improve the user experience, facilitate browsing and produce anonymous visitor statistics. Customers have the option of deactivating cookies in their browser settings, but certain site functions may then be limited.
Force majeure, applicable law and acceptance
In the event of unforeseeable and irresistible external events qualified as force majeure (natural disasters, war, epidemics, strikes, transport interruptions, massive computer breakdowns, etc.), the seller cannot be held responsible for failure to meet its contractual obligations. These events temporarily suspend performance of the contract and, if they last for more than three months, either party may terminate the contract automatically without compensation. These general terms and conditions are governed by Swiss law. In the event of a dispute concerning their interpretation, validity or performance, and in the absence of an amicable settlement, the courts of the canton of Jura, Switzerland, shall have jurisdiction. The customer acknowledges that he/she has read these terms and conditions before confirming an order and declares that he/she accepts them in full and without reservation.
