Terms & Conditions
Swiss Prime Lab SA — Stylla
Version 2.2, in force from 7 August 2026. This version replaces the previous version in its entirety and applies to Orders placed on or after that date.
N.B.: The masculine gender is used in this document for simplicity and readability, but applies equally to all Users.
1. Scope of these terms and conditions of sale
1.1 These General Terms and Conditions of Sale (hereinafter: "GTCS") govern the sale of products offered online to users of the Stylla online store, operated at the styllacare.com domain (hereinafter: the "Site"), by Swiss Prime Lab SA (CHE-220.856.620), whose registered office is at Rue de la Grotte 6, 1003 Lausanne, Switzerland (hereinafter: the "Company"). Users of the Site are referred to as the "Users". The Stylla trademark is registered with the Swiss Federal Institute of Intellectual Property under number 826529.
1.2 The Site allows Users to purchase Stylla brand products online (hereinafter: the "Products"). The Products are complementary feed and food supplements for animals. They are consumable goods, supplied sealed and with a best-before date. They are not medicinal products and are not repairable.
1.3 These GTCS govern sales of Products to consumers through the Site. A consumer is a natural person acting for purposes outside his trade, business, craft or profession. Supplies to veterinary practices, pharmacies, pet shops and other professional buyers are governed by a separate commercial agreement, the terms of which prevail over these GTCS and which the Company provides on request. Where such a buyer nevertheless places an Order through the Site and no separate agreement is in place, these GTCS apply to that Order with the exception of section 6 and of the other provisions expressed to apply to consumers, which are reserved to consumers.
1.4 An order placed by a User on the Site is referred to as the "Order". The GTCS applicable to an Order are those in force on the date the Order is placed. The Company may amend these GTCS for the future in accordance with clause 14.3. An amendment never applies to an Order already placed.
1.5 These GTCS are the operative contractual document for the sale of the Products. The policy entitled "Returns, Right of Withdrawal and Refunds" (hereinafter: the "Returns Policy") explains in practical terms how the rights set out in sections 6 and 8 are exercised. It cannot reduce those rights or the rights the User holds under the law applicable to him. Where the Returns Policy is more favourable to the User than these GTCS, the more favourable provision applies to Orders placed while it is published. Clauses 1.4 and 14.3 apply to the Returns Policy as they apply to these GTCS: an amendment of either document has no effect on Orders already placed. The Privacy Policy describes how the Company processes personal data and the rights the User holds under data protection law; it is an information document under artt. 13 and 14 of the General Data Protection Regulation and under the Swiss Federal Act on Data Protection, and it is not incorporated as a contractual term.
1.6 By placing an Order, the User confirms that he has read these GTCS and agrees to comply with them. These GTCS prevail over any other conditions not expressly accepted by the Company. They do not affect, and are not to be read as limiting, the mandatory rights the User holds under the law applicable to him.
1.7 The Company sells its Products only to Users aged 18 (eighteen) or over who have the legal capacity to enter into contracts. Capacity is assessed under the law of the User's country of habitual residence. Where another document published by the Company refers to a lower age, that reference concerns data protection law and does not permit a person under 18 to place an Order. If the User is acting on behalf of a company, he warrants that he is authorised to represent it.
1.8 The Products are sold for the personal use of the User and of the animals in his care. The Company may refuse or limit Orders whose volume or pattern indicates that the Products are being purchased for resale or for professional distribution.
1.9 Where the identity, delivery or payment information provided by the User is materially false, or where an Order is fraudulent, the Company may refuse or cancel the Order. It states the reason to the User and reimburses any amount already paid within 14 (fourteen) days. This does not affect the User's statutory rights in respect of Orders validly concluded.
1.10 The Company may refuse an Order for objective reasons, which it states to the User. Such reasons are: unavailability of the Product; a delivery address outside the destinations the Company serves; a legal restriction applicable to the Product or the destination; non-payment or refusal of payment; a reasonable suspicion of fraud, of abuse of promotional codes, or of purchase for resale within the meaning of clause 1.8. Where the Company refuses an Order it informs the User without undue delay and reimburses any amount already paid within 14 (fourteen) days. The Company does not refuse Orders on the ground that the User has previously exercised a right of withdrawal, a right of return or a conformity claim.
2. Conclusion of the contract
2.1 The presentation of the Products and their prices on the Site is an invitation to the User to place an Order. It does not constitute a binding offer by the Company.
2.2 Placing an Order constitutes an offer by the User to purchase the Products concerned in accordance with these GTCS. Before placing the Order, the User is shown the essential characteristics of the Products, the total price, the delivery cost and the delivery terms, and may correct any input error. The button by which the Order is placed states expressly that placing the Order entails an obligation to pay.
2.3 After the Order is placed, the User receives an e-mail acknowledging receipt. That acknowledgement records the Order; it does not in itself constitute acceptance by the Company.
2.4 The contract is concluded when the Company sends the User an Order confirmation by e-mail accepting the Order. Where the Company accepts only part of an Order, the contract is concluded for that part only. The Company provides the User with confirmation of the contract on a durable medium, together with these GTCS and the withdrawal information set out in section 6.
2.5 Before accepting an Order, the Company may verify certain information by e-mail or telephone, or request proof of identity, in order to secure transactions and prevent fraud. If the User does not respond within the reasonable period indicated, the Company may decline the Order and reimburses any amount already paid within 14 (fourteen) days.
3. Prices and payment
3.1 The price of a Product is the price displayed on the Site at the time the Order is placed. That price is binding on the Company for that Order. It is expressed in the currency indicated on the Site and includes value added tax and, where clause 5.3 applies, customs duties and import taxes. The total amount payable, including any delivery cost, is displayed before the User places the Order. No cost is charged that has not been displayed at that moment. The only exception is the cost of a further dispatch under clauses 5.7 and 5.8 and the cost of a return borne by the User under clause 6.5; in each of those cases the Company states the amount to the User before it is charged, and the amount does not exceed the cost actually charged to the Company by the Carrier.
3.2 The Company may modify the prices displayed on the Site at any time. Such modifications take effect for the future only and have no effect on Orders already placed.
3.3 Payment is made before dispatch of the Products. In the event of non-payment, the Company is not obliged to dispatch the Products and may terminate the contract in accordance with art. 214 al. 1 CO.
3.4 Payments by card are processed through the Company's payment service provider (hereinafter: the "Payment Provider"). Payment may be made with the means of payment indicated during the Order process. The Company does not store the User's card details.
3.5 Cardholders are subject to a validity check by the card issuer, who must also authorise the use of the card. The Payment Provider and the card issuer process the personal data required for these checks; the Company's own processing is described in the Privacy Policy. If the card issuer does not authorise the payment, the Order cannot be processed; the Company informs the User.
3.6 Where the Company reimburses an amount under these GTCS, it does so by the same means of payment as that used for the initial transaction, unless the User expressly agrees otherwise, and without any fee for the User. Where that means of payment is no longer valid, the Company contacts the User to agree an alternative.
4. Ordering Products
4.1 To place an Order, the User selects Products on the Site and adds them to his shopping cart. The personal data provided for this purpose is processed in accordance with the Privacy Policy.
4.2 To order Products and to use certain services or features of the Site, the User must provide accurate, current and complete information.
4.3 If the information provided changes, the User must inform the Company through the contact form on the "Contact" page of the Site or by e-mail.
4.4 The User's password must be unique and secure. In the event of a breach of password or account security, or of unauthorised use, the User must inform the Company without delay.
4.5 An online account is created for the User when he places his first Order. Having an account is not a condition of exercising any right under section 6 or section 8.
4.6 The Company processes personal data in order to prevent and detect fraud. It does so on the basis of its legitimate interest and of its legal obligations, as described in the Privacy Policy; this processing does not rest on the User's consent and the User is not asked to agree to it as a term of sale. These checks are not based solely on automated processing: a member of staff reviews any decision resulting from them.
4.7 If a Product ordered is not available, the Company informs the User by e-mail. The User may then choose to wait until the Product becomes available or to cancel the Order. Where the Order is cancelled, the Company reimburses the amount paid within 14 (fourteen) days.
4.8 The Company may offer pre-orders for Products awaiting delivery from its suppliers. A pre-order confers the same rights as an ordinary purchase, including those under sections 6 and 8. The dispatch date announced for a pre-order is an estimate; clause 5.6 applies. The withdrawal period for a pre-order begins on receipt of the Products in accordance with clause 6.2, and not on the date of the Order. Products in stock may be allocated first to Users who have placed pre-orders.
4.9 Where the Company is unable to deliver a Product because of a delay or failure on the part of a supplier, it informs the User by e-mail. The User may choose to wait or to cancel the Order, and clause 5.6 applies.
4.10 The Company may issue promotional codes. These codes are not transferable, are not cumulative, cannot be exchanged for cash and must be used before their expiry date. The Company may cancel a sale where a promotional code has been used fraudulently or abusively. Abusive use means the creation of multiple accounts or identities to obtain a code more than once, the automated generation or reproduction of codes, and the sale or trading of codes. Where the Company cancels a sale on that ground it states the reason to the User and reimburses any amount already paid within 14 (fourteen) days.
4.11 Products purchased at a reduced price, in a promotion, in a sale or with a promotional code carry exactly the same rights of withdrawal, return and conformity as Products purchased at the full price.
5. Delivery of the Products
5.1 The Products are dispatched once payment of the price has been received.
5.2 The Products are sent by parcel through carriers selected by the Company (hereinafter: the "Carriers"). The Company delivers to Switzerland, to Liechtenstein and to the destinations displayed during the Order process. The destinations available are those displayed during the Order process; the Company does not deliver to other destinations.
5.3 The price displayed is all-inclusive. The Products are delivered to the address indicated by the User, value added tax and any customs duties, taxes and import charges included, and nothing further is payable by the User on delivery. The Company dispatches from two origins. Orders to destinations in the European Union are dispatched from the Company's own stock held in France, where the Company is registered and acts as importer of record; those Products are already in free circulation in the Union, so their dispatch is an intra-Union dispatch, crosses no customs border and gives rise to no customs formality, no customs duty and no import value added tax for the User. Orders to Switzerland and to Liechtenstein are dispatched from the Company's stock in Switzerland. Where a shipment to a destination served by the Company must nevertheless be exported from or imported into a customs territory, the Company carries out or arranges the formalities and bears the customs duties, taxes and import value added tax, which remain included in the price; clause 5.4 applies where that is not possible.
5.4 Where the Company cannot ensure, for a given destination, that all customs duties, taxes and import charges are included in the price displayed, it states this before the Order is placed, together with any such charge that may be payable in addition to that price. Among the destinations served this may concern a destination that lies outside the customs territory of the European Union for the Products, such as Andorra. Where no such statement is made before the Order is placed, the User owes nothing beyond the price displayed.
5.5 The cost of standard postal delivery is included in the price of the Products unless a delivery cost is displayed separately before the Order is placed. Where the User chooses a delivery method other than the least expensive standard method offered, he bears the supplementary cost of that choice.
5.6 The delivery times indicated on the Site are estimates. In any event the Company delivers the Products without undue delay and at the latest within 30 (thirty) days of the conclusion of the contract, unless another delivery date has been agreed with the User. If the Company has not delivered within that period, the User may request delivery within an additional period appropriate to the circumstances. If the Company does not deliver within that additional period, the User may terminate the contract, and the Company reimburses all amounts paid without undue delay and in any event within 14 (fourteen) days of the termination. Where delivery within the agreed period was essential and the User informed the Company of this before the contract was concluded, or where that is apparent from the circumstances, the User may terminate immediately without granting an additional period.
5.7 The delivery details provided by the User are binding on him. Where the User has given incorrect or incomplete delivery details, or where the Carrier requires information for customs clearance that the User does not supply, delivery may be impossible and the parcel may be returned to the Company. In that case the Company contacts the User and may charge him the cost of a further dispatch. That cost does not exceed the delivery cost actually charged to the Company by the Carrier for that further dispatch, and the Company states the amount to the User before the further dispatch is made. Where the User instead exercises his right of withdrawal, section 6 applies and the Company reimburses him in accordance with clause 6.6.
5.8 If the User is absent at the time of delivery, the Carrier may leave a collection notice. The User must collect the parcel within the period indicated. If that period expires and the parcel is returned to the Company, the User must contact Customer Service; the cost of a further dispatch may be charged to him on the terms stated in clause 5.7. This clause does not restrict the User's rights under section 6.
5.9 The risk of loss of or damage to the Products passes to the User when he, or a third party designated by him other than the Carrier, takes physical possession of the Products. Until that moment the risk lies with the Company: if a parcel is lost, stolen or damaged in transit, the Company dispatches replacement Products or reimburses the User in full, at the User's choice. The Company does not exclude its liability for the delivery process and does not transfer that liability to the Carrier or to the User.
5.10 Clause 5.9 applies as follows. Where the User has designated a third party other than the Carrier to take delivery of the Products, the risk passes when that third party takes physical possession of them. In every other case, and in particular where a parcel is left at a collection point, at a pick-up location or at any place other than in the hands of the User or of such a designated third party, the User takes physical possession only when he actually collects or receives the Products, and the risk passes at that moment. Nothing in this clause deems the User to be in possession of Products he does not hold.
5.11 The Products remain the property of the Company until they are delivered to the User.
5.12 The Company is not liable for a delay attributable to customs formalities beyond its control, or for a delay or non-performance caused by Force Majeure as defined in section 11. This clause does not affect the User's rights under clause 5.6, section 6 or section 8. Where a shipment is held in customs, the Company assists the User in obtaining its release.
6. Right of withdrawal and returns
6.1 This section 6 applies to Users who are consumers within the meaning of clause 1.3. For Users habitually resident in the European Union or the European Economic Area, or having the Products delivered to an address there, the right set out below is the statutory right of withdrawal under Directive 2011/83/EU as transposed in the User's country of residence. For Users habitually resident in Switzerland, or having the Products delivered to an address there, Swiss law provides no general statutory right of withdrawal for contracts concluded online; the Company nevertheless grants Swiss consumers, as a voluntary contractual commitment, a right of return on the same terms as those set out in this section 6. The same applies to consumers in other countries where no equivalent statutory right exists. Where the mandatory law of an EU or EEA consumer's country of residence is more favourable, that law prevails.
6.2 The User may withdraw from the contract within 14 (fourteen) days, without giving any reason and without cost other than as stated in clause 6.5. The period begins on the day on which the User, or a third party other than the Carrier designated by him, takes physical possession of the Products, as determined by clauses 5.9 and 5.10. Where the Products of a single Order are delivered separately, the period begins on receipt of the last Product. The User may also withdraw at any time between the conclusion of the contract and delivery.
6.3 To exercise this right, the User informs the Company of his decision by an unequivocal statement sent before the period expires. He may use, at his choice: the "Withdraw contract" function in the footer of the Site; the model withdrawal form annexed to these GTCS; an e-mail to info@styllacare.com; a telephone call to +41 21 588 11 49; or a letter to Swiss Prime Lab SA, Rue de la Grotte 6, 1003 Lausanne, Switzerland. Use of the model form or of the withdrawal function is not obligatory, and any other unequivocal statement is equally valid. It is sufficient that the statement be sent before the period expires. Withdrawal takes effect because the User declares it: the Company does not have to approve it and carries out no inspection or quality check to decide whether the User is entitled to withdraw. The Company acknowledges receipt of the statement without undue delay on a durable medium.
6.4 Where the Products have been received, the User sends them back or hands them over without undue delay and in any event within 14 (fourteen) days of communicating his withdrawal. The deadline is met if the Products are dispatched before it expires. Dispatch is not a condition of the validity of the withdrawal. A return received without prior notice is treated as a valid withdrawal statement where the Company can identify the User and the Order after reasonable enquiry. The Products are sent to the return address the Company indicates to the User; failing such an indication, the User may send them to Swiss Prime Lab SA, Rue de la Grotte 6, 1003 Lausanne, Switzerland, and the deadline in this clause 6.4 is met by doing so. Where the Company has not answered a return enquiry in time for the User to meet that deadline, the deadline is met if the User dispatches the Products without undue delay after receiving the Company's answer.
6.5 The User bears the direct cost of returning the Products where he withdraws for reasons of his own, including a change of mind. The Company bears that cost, and provides a prepaid return label, where the Products are defective, were damaged in transit, do not conform to the contract, or where the Company delivered a Product other than the one ordered. Because Users order from several countries, returns are organised case by case: the User is asked to contact the Company before sending anything back, so that the parcel reaches the right address and is identified quickly. Contacting the Company first is a practical step and not a condition of the right of withdrawal, and the Company does not refuse a withdrawal because the User did not do so. Where the Company offers a prepaid return label in a case in which the User bears the cost, it states at that moment whether it is bearing that cost itself or whether the cost is to be borne by the User, and in the latter case it states the amount. The User may then either use the label, which counts as his agreement that the amount stated is deducted from the reimbursement, or return the Products by any means of his own choosing at his own cost. No amount is deducted from the reimbursement that has not been stated to the User and accepted by him in this way. Providing a label in an individual case creates no entitlement in any other case and does not affect the Company's right under this clause 6.5 to leave the direct cost of return with the User.
6.6 The Company reimburses all payments received from the User, including the cost of standard outbound delivery, without undue delay and in any event within 14 (fourteen) days of the day on which it is informed of the withdrawal. Where the User chose a delivery method more expensive than the least expensive standard method offered, the Company reimburses the cost of the standard method only. Clause 3.6 applies to the means of reimbursement.
6.7 The Company may withhold reimbursement until it has received the Products back, or until the User has supplied evidence of having sent them back, whichever occurs first.
6.8 The User is liable only for any diminished value of the Products resulting from handling other than what is necessary to establish their nature, characteristics and functioning. The User may open the shipping box and the outer packaging and inspect the Products for that purpose without losing his right of withdrawal. Neither the return of the original box, nor intact labels, nor "new condition" is a condition of the right of withdrawal or of the refund. Where a diminished value is established, the Company reimburses all payments received from the User in accordance with clause 6.6 and informs him of the amount of that diminished value and of how it has been calculated; it may then claim that amount from him, or set it off against the reimbursement with his agreement. It does not withhold, reduce or refuse the reimbursement on that ground without his agreement.
6.9 The right of withdrawal does not apply to sealed Products which are not suitable for return for reasons of health protection or hygiene and whose seal was broken after delivery. For Stylla Products this means a Product whose protective seal — induction seal, safety ring, tamper-evident closure or equivalent — has been removed, pierced, torn or broken, or a sachet or single-dose pack which has been opened. Opening the shipping box, the outer carton or the shrink-wrap, the protective seal remaining intact, does not trigger this exclusion. This is the only category of Product excluded from the right of withdrawal. No exclusion other than the one stated in this clause 6.9 applies, in particular none based on the price paid, on a promotion or on a discount.
6.10 The Company does not count returns and does not refuse Orders on the ground that a User has exercised his right of withdrawal or his rights under section 8. Clauses 1.9 and 1.10 remain applicable to fraud and abuse.
6.11 Outside the cases above, the Company is not obliged to accept a return but may do so as a commercial gesture, without prejudice to the User's rights under this section 6 and under section 8.
6.12 The Returns Policy explains in practical terms how the rights set out in this section 6 are exercised. A model withdrawal form is set out in the Annex to these GTCS. This section 6 is the operative text: the Returns Policy cannot reduce the rights set out here, and where it is more favourable to the User the more favourable provision applies, in accordance with clause 1.5.
7. Subscriptions
7.1 The Company offers a subscription for certain Products. A subscription is a contract under which the Company delivers the Products the User has chosen at regular intervals and the User pays for each delivery, until the subscription is cancelled. The Products which may be taken on subscription are those indicated as such on the Site at the time the subscription is entered into. This section 7 applies in addition to the other provisions of these GTCS. Each delivery made under a subscription is a sale of the Products delivered, and sections 3, 5, 6, 8 and 9 apply to it as they apply to any other Order.
7.2 A subscription is entered into on the Site by selecting the subscription option offered for the Product concerned before placing the Order. Clause 2.2 applies: before the Order is placed the User is shown the essential characteristics of the Products, the price of each delivery, how often the Products are delivered and billed, and the total amount payable for each billing period, and he may correct any input error. The contract is concluded in accordance with clause 2.4, and the Company provides the User with confirmation of it on a durable medium, together with these GTCS and the withdrawal information set out in section 6 and in clauses 7.11 to 7.13.
7.3 A subscription is concluded for an indefinite duration. The Products are delivered once a month and billed once a month. There is no minimum term, no minimum and no maximum number of deliveries, and no obligation to take a given number of deliveries. The subscription runs until the User cancels it in accordance with clause 7.8 or the Company terminates it in accordance with clause 7.10. This clause, together with clauses 7.8 and 7.9, states the duration of the contract and the conditions for terminating it for the purposes of art. 6(1)(o) and (p) of Directive 2011/83/EU.
7.4 Each delivery is charged at the reduced subscription price displayed for the Product on the Site at the time the subscription is entered into. That price is lower than the price of the same Product bought as a single Order. The reduction applies to every delivery for as long as the subscription runs; it is not limited to the first delivery. The cost of standard delivery is included in that price and no delivery cost is charged in addition, in accordance with clause 5.5. The total amount payable for each billing period — the price of the Products included in the subscription, value added tax and standard delivery included — is displayed to the User before he enters into the subscription and is stated again in the confirmation of each delivery. No cost is charged that has not been displayed to the User at that moment.
7.5 The Company may change the price of future deliveries. A change of price takes effect only after the Company has informed the User of it by e-mail, stating the new price and the date of the first delivery to which it applies. The Company gives that information in good time before that date, and in any event early enough for the User to cancel before payment for the first delivery at the new price is taken. Where a period of notice is prescribed by the mandatory law applicable to the User, that period applies. The User may cancel the subscription before that date in accordance with clause 7.8, in which case the new price never applies to him; the Company states that right in the same e-mail. If the User does not cancel before that date, the new price applies to the deliveries made from that date. A change of price never applies to a delivery for which payment has already been taken.
7.6 Payment for each delivery is taken automatically from the means of payment registered by the User, before that delivery is dispatched. By entering into a subscription the User authorises those recurring payments, and he withdraws that authorisation by cancelling the subscription. The means of payment is registered with and stored by the Payment Provider; the Company does not store it, as stated in clause 3.4. The User keeps his means of payment valid and up to date and may change it from his customer account on the Site or by contacting the Company at the details in section 16.
7.7 Where a payment is refused or cannot be taken, the Company informs the User by e-mail and presents the payment again. Where payment still cannot be taken, the subscription is suspended: no delivery is made and no further amount is charged until a payment succeeds. The Company does not cancel a subscription silently on that ground. It informs the User, tells him what is required and allows him a reasonable period to register a valid means of payment. Only once that period has expired may the Company terminate the subscription, and it informs the User that it has done so. No amount is due for a delivery which is not made.
7.8 The User may cancel the subscription at any time, without giving any reason and without any fee, charge or penalty. Cancellation takes effect from the next billing period, on the terms of clause 7.9: no further payment is then taken and no further delivery is made. The User may cancel from his customer account on the Site, by e-mail to info@styllacare.com, or by telephone on +41 21 588 11 49. Each of those means is available, and the Company acts on a cancellation received by any of them. Any other unequivocal statement is equally valid, including a letter to the address in section 16. The User is not required to log in to his customer account in order to cancel, and the Company does not require him to give a reason, to complete a form or to justify his decision. Where the Site offers a further means of cancellation, in particular a cancellation function or button which can be used without logging in, the User may use that means instead; no single means of cancellation is obligatory. The Company acknowledges a cancellation without undue delay on a durable medium, stating the date on which it takes effect and whether a delivery is still to be made.
7.9 Payment is taken before a delivery is dispatched. The moment at which payment for the next delivery is taken is therefore the cut-off on which the User may rely. A cancellation which reaches the Company before that moment takes effect immediately: the next delivery is not made and is not charged. Where payment for the next delivery has already been taken when the cancellation reaches the Company, that delivery is made and remains payable, the subscription ends with that delivery, and no further payment is taken and no further delivery is made. The User may send back the Products of that last delivery on the terms of section 6 and of clause 7.13, including the exclusion in clause 6.9.
7.10 The Company may terminate a subscription where it ceases to offer the Product concerned on a subscription basis, for one of the objective reasons stated in clause 1.10, or in the case provided for in clause 7.7. It informs the User by e-mail before the next billing date and takes no payment for a delivery it will not make. Any amount already paid for a delivery which is not made is reimbursed within 14 (fourteen) days, in accordance with clause 3.6. Termination by the Company does not affect the User's rights in respect of deliveries already made.
7.11 Section 6 applies to the subscription contract. A User who is a consumer within the meaning of clause 1.3 may withdraw from the subscription within 14 (fourteen) days, without giving any reason and without cost other than as stated in clause 6.5. For a consumer habitually resident in the European Union or the European Economic Area, or having the Products delivered to an address there, that period is the statutory withdrawal period and begins on the day on which he, or a third party other than the Carrier designated by him, takes physical possession of the Products of the first delivery, as determined by clauses 5.9 and 5.10 (art. 9(2)(b)(iii) of Directive 2011/83/EU). For a consumer habitually resident in Switzerland, or having the Products delivered to an address there, the Company grants the same right, for the same period and on the same terms, as a voluntary contractual commitment, in accordance with clause 6.1. The same applies to consumers in other countries where no equivalent statutory right exists. The right is exercised by any of the means set out in clause 6.3, and the User may also withdraw at any time between the conclusion of the subscription and the first delivery.
7.12 Withdrawal ends the subscription as a whole: no further delivery is made and no further payment is taken. The Products already received under the subscription are sent back in accordance with clause 6.4, and the Company reimburses all payments received for them, including the cost of standard outbound delivery, in accordance with clause 6.6. Clause 6.9 applies to those Products: a Product whose seal has been broken after delivery cannot be sent back, and the amount paid for that Product is not reimbursed. In that case the withdrawal remains fully effective for the subscription itself: the subscription ends, no further delivery is made and no further payment is taken. Clauses 6.7, 6.8 and 6.10 apply.
7.13 In addition to the right set out in clauses 7.11 and 7.12, and going beyond it, the Company grants the User the right to send back the Products of each subsequent delivery on the terms of section 6, the period of 14 (fourteen) days running in that case from the day on which the User, or a third party other than the Carrier designated by him, takes physical possession of the Products of that delivery. Clause 6.9 applies to that right also. This clause is a contractual commitment which is added to the statutory rights of the User and does not replace or restrict them.
7.14 For as long as the subscription runs, the User may ask the Stylla team for general guidance on the use of the Products, on dosage and on the wellbeing of his animal. No separate charge is made for it. That guidance is general information only. It is not veterinary advice, it is not a diagnosis and it is not a treatment. The Company does not provide veterinary services, does not examine the animal and does not prescribe. The guidance does not replace consulting a veterinarian, and the User is asked to consult a veterinarian where his animal is ill, is under treatment or shows symptoms which concern him; clause 9.3 applies. Where the Site describes this benefit as a consultation, it means the general guidance described in this clause and nothing more. The guidance is an accessory benefit of the subscription: it is provided only while the subscription is in force, and it ends when the subscription ends. The Company does not undertake to reply within a particular period.
7.15 Nothing in this section 7 reduces the rights the User holds under section 6, under section 8 or under the Returns Policy, and clause 1.5 applies. The version of these GTCS applicable to a delivery under a subscription is the version in force on the date on which payment for that delivery is taken. Where the Company amends these GTCS in a manner which affects a subscription already running, it informs the User by e-mail before the amendment takes effect, so that he may cancel under clause 7.8 before it applies to him; clause 14.3 applies, and an amendment never applies to a delivery already paid for.
8. Conformity of the Products and remedies
8.1 The Company must deliver Products which conform with the contract: which correspond to the description, quantity, quality and composition stated at the time of the Order, are fit for the purposes for which products of the same type are ordinarily used, and are supplied with the packaging, dosage and use information the User may reasonably expect. Stylla Products are complementary feed for animals and are not medicinal products; the Company makes no claim beyond those on the label and on the product page.
8.2 A Product is not in conformity in particular where it is damaged or leaking on receipt, where its seal is broken on receipt, where its composition does not correspond to the label, or where its best-before date has already expired on delivery or is so close that the Product cannot reasonably be used for its intended purpose.
8.3 The Company is liable for any lack of conformity existing at the time of delivery and becoming apparent within 2 (two) years of delivery: art. 10(1) of Directive (EU) 2019/771 for Users in the European Union and the European Economic Area, and artt. 197 ff. and art. 210 al. 1 CO for Users in Switzerland. Under art. 210 al. 4 CO this period may not be reduced for goods intended for the User's personal use. The Company does not reduce it and does not make these rights subject to any registration, activation, serial number, product reference or particular order status.
8.4 For Users in the European Union and the European Economic Area, a lack of conformity which becomes apparent within 1 (one) year of delivery is presumed to have existed at the time of delivery: the User does not have to prove that it did, and it is for the Company to prove the contrary if it disputes the claim. Where the law applicable to the User provides for a longer presumption period, that longer period applies instead.
8.5 The User is asked to notify any lack of conformity within a reasonable time of discovering it and in any event within 2 (two) months. Failure to notify within that period does not by itself cause the User's rights to lapse. For Swiss Users, the Company waives the immediate-notice requirement of art. 201 CO to the extent that notice is given within the same 2-month period. No shorter notification period applies, and in particular no right lapses because notice was not given within a few working days.
8.6 Because the Products are consumable supplements, repair is not a meaningful remedy and the Company does not offer it. Where a Product is not in conformity, the User chooses, free of charge, between replacement with a conforming Product and termination of the contract with full reimbursement. The Company does not require him to accept a replacement before obtaining a reimbursement, and does not make the reimbursement conditional on a replacement having been attempted. Replacement is delivered without undue delay and without significant inconvenience to the User. The User may instead ask for a proportionate reduction of the price and keep the Product. This clause gives the User a free choice which is more favourable to him than the order of remedies in art. 13 of Directive (EU) 2019/771 and than artt. 205 and 206 CO; it does not restrict any right he holds under those provisions, and he keeps in particular his statutory rights where a replacement itself proves not to be in conformity.
8.7 The Company confirms or disputes a conformity claim without undue delay after receiving it. Reimbursement under clause 8.6 is made as soon as the Company has confirmed the issue with the User, and in any event within 14 (fourteen) days of that confirmation or of the termination, in accordance with clause 3.6 and without any fee for the User. Reimbursement includes the delivery cost the User actually paid for the original Order and the cost of returning the Product; the reduction of the reimbursement to the standard delivery cost provided for in clause 6.6 applies to withdrawal only and does not apply here.
8.8 To make a claim, the User contacts the Company at info@styllacare.com or through the contact form, indicating the Order number, the batch or lot number and the best-before date printed on the packaging, a description of the problem and, where possible, a photograph. Where the User cannot produce a proof of purchase, the Company searches its own Order records; a claim is refused for want of identification only where the Company cannot identify the Order after reasonable enquiry.
8.9 Where the Company asks for a Product to be returned, it bears the full cost of return and supplies a prepaid return label. The Product need not be returned in its original packaging. For reasons of hygiene or safety, the Company may waive the return and ask the User to dispose of the Product; the User's rights are unaffected. Where a return is sent without a label supplied by the Company, the Company processes it all the same where it can identify the Order after reasonable enquiry.
8.10 Where the Company offers a commercial guarantee going beyond this section 8, its terms are communicated on a durable medium at the latest at the time of delivery. Any such guarantee is in addition to, and does not restrict, the statutory rights described in this section 8 and in section 6.
8.11 The Company is not liable for a lack of conformity caused by the User after delivery, in particular storage in conditions contrary to those stated on the label or use contrary to the stated dosage. The burden of establishing such a cause lies with the Company.
8.12 The Company does not exclude, restrict or replace the statutory rights of the User in respect of conformity. Any clause of these GTCS which purported to do so would be without effect.
9. Liability
9.1 Nothing in these GTCS excludes or limits the Company's liability for death or personal injury, for damage caused by a defective product under the product liability regime applicable to the User, for intent or gross negligence (art. 100 al. 1 CO), for fraud, or for any other liability which may not be excluded or limited under the law applicable to the User. In particular, nothing in these GTCS excludes or limits the User's rights under sections 6 and 8.
9.2 Subject to clause 9.1, where the Company breaches, through slight negligence, an obligation which is not essential to the performance of the contract, its liability is limited to the damage which was foreseeable at the conclusion of the contract and is typical of a contract of this kind. This limitation does not apply to the Company's essential obligations, which include delivering Products that conform to the contract, delivering them within the period provided for in clause 5.6 and making the reimbursements provided for in these GTCS. It does not apply either where the law applicable to the User does not permit such a limitation.
9.3 The Products are supplements for animals. They do not replace veterinary advice, diagnosis or treatment. The User is asked to observe the dosage, the species and weight indications and the storage conditions stated on the label, and to consult a veterinarian where an animal is ill or under treatment. Subject to clause 9.1 and to clause 8.11, the Company is not liable for damage resulting from use contrary to those indications.
9.4 The statutory limitation and prescription periods applicable to the User apply to claims against the Company. These GTCS do not shorten them and impose no contractual cut-off period.
9.5 Where the mandatory law of the country in which the User is habitually resident or to which the Products are delivered affords the User greater protection than these GTCS — whether as regards the right of withdrawal, conformity, liability, information duties or otherwise — that law prevails over these GTCS.
9.6 The Company is responsible for ensuring that the Products it offers may lawfully be placed on the market in the countries to which it delivers, including under the applicable feed legislation. It does not ask the User to verify the legislation of his own country, and it does not refer him to the local authorities to establish his rights as a consumer. The information the User needs about his rights is set out in these GTCS, in the Returns Policy and on the Site, and the Company answers questions about those rights at the contact details in section 16.
10. User feedback
10.1 After delivery of the Products, the Company may ask the User for his opinion on the Products ordered.
10.2 A User's opinion is collected only with his consent. If the User agrees, the Company may publish it on the Site in connection with the Products concerned. The User may withdraw his consent at any time, in accordance with the Privacy Policy, and the Company then removes the publication.
11. Force majeure
11.1 The Company is not liable for late delivery or for non-performance of its obligations in the event of Force Majeure. This does not affect the User's right to terminate the contract under clause 5.6, nor his rights under sections 6 and 8.
11.2 "Force Majeure" means circumstances beyond the reasonable control of the Company, including natural phenomena, government measures, acts of terrorism, demonstrations, fires, explosions, floods, epidemics, pandemics, containment measures, agricultural restrictions, border closures, blockades, strikes, accidents, plant breakdowns, seizure or sequestration, and other unforeseeable events not attributable to the Company. The performance of the Carriers and of the Company's suppliers is within the Company's sphere of responsibility and is not Force Majeure.
11.3 Where a Force Majeure event prevents delivery for more than 30 (thirty) days, either party may terminate the contract, and the Company reimburses all amounts paid within 14 (fourteen) days of the termination.
12. Data protection
12.1 The Company's Privacy Policy describes how personal data is collected, used, shared, stored and deleted, and the rights the User holds under the General Data Protection Regulation and the Swiss Federal Act on Data Protection. It is available on the Site. As stated in clause 1.5, it is an information document and is not incorporated as a contractual term.
12.2 Personal data collected in connection with an Order, with anti-fraud checks, with a withdrawal, with a return or with a conformity claim is processed for the purposes, on the legal bases and for the periods set out in the Privacy Policy. Those purposes are not limited to the performance of the Order: as the Privacy Policy explains, they include in particular the retention of invoices and accounting records for the legal period, internal business analysis and reporting, and, where the conditions set out in that policy are met, marketing communications. The User's rights of objection and of withdrawal of consent are described in the Privacy Policy.
13. Intellectual property
13.1 "Intellectual Property Rights" include trademarks, designs, copyrights, database rights, domain name rights, know-how, patents and all other intellectual property rights relating to the Company, the Site and the Products.
13.2 The Intellectual Property Rights relating to the Site, the domain name and the Products are and remain the exclusive property of the Company.
13.3 The User undertakes not to use or reproduce the Intellectual Property Rights without the Company's authorisation. This clause does not restrict the User's right to resell or dispose of a Product he has purchased, nor any use permitted by law.
14. Miscellaneous
14.1 If any provision of these GTCS is invalid or ineffective, the remaining provisions remain valid. Where a provision does not bind the User because it is unfair or otherwise invalid under the law applicable to him, that provision is simply not applied and the contract continues without it. It is not reduced, adapted or replaced so as to give it the greatest effect the law would allow.
14.2 The fact that a party does not require the application of a provision of these GTCS does not constitute a waiver of that provision.
14.3 The Company may amend these GTCS for the future. The version applicable to an Order is the version in force at the time the Order is placed, as stated in clause 1.4; an amendment therefore has no effect on Orders already placed and cannot reduce rights already acquired. The current version, with its version number and date, is published on the Site. The same rule applies to the Returns Policy, which is likewise published with its date and cannot be amended so as to affect an Order already placed.
14.4 These GTCS are published in several language versions. Each version is intended to have the same meaning, and the User may rely on the version in the language in which he concluded his contract with the Company. No language version prevails over another.
15. Applicable law and place of jurisdiction
15.1 These GTCS are governed by Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
15.2 Where the User is a consumer habitually resident in a Member State of the European Union or of the European Economic Area, the choice of Swiss law in clause 15.1 does not deprive him of the protection afforded to him by the mandatory provisions of the law of that State (art. 6(2) of Regulation (EC) No 593/2008, "Rome I"). Where those provisions are more favourable to him than these GTCS or than Swiss law, they prevail.
15.3 The place of jurisdiction for any dispute relating to the interpretation, application or performance of these GTCS is Lausanne, Switzerland.
15.4 Clause 15.3 does not apply to the detriment of a User who is a consumer. Such a User may in any event bring proceedings before the courts of the place in which he is domiciled, and the Company may bring proceedings against him only before those courts, in accordance with artt. 17 to 19 of Regulation (EU) No 1215/2012 ("Brussels Ia") and with artt. 15 to 17 of the Lugano Convention. For a consumer domiciled in Switzerland, the forum at his own domicile follows from art. 32 of the Swiss Civil Procedure Code. The consumer may also choose to bring proceedings in Lausanne.
16. Contact and complaints
16.1 Any question relating to these GTCS, to an Order, to a withdrawal or to a conformity claim may be addressed to the Company:
- by e-mail to info@styllacare.com;
- by telephone on +41 21 588 11 49;
- by post to Swiss Prime Lab SA, Rue de la Grotte 6, 1003 Lausanne, Switzerland.
16.2 The Company seeks to resolve complaints directly. Where a solution cannot be reached, consumers resident in the European Union or the European Economic Area may obtain free advice from the European Consumer Centre of their country of residence, and consumers in Switzerland may contact the Swiss consumer protection organisations or the competent cantonal authority.
Annex — Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract. You are not obliged to use it: any unequivocal statement is sufficient.
To: Swiss Prime Lab SA, Rue de la Grotte 6, 1003 Lausanne, Switzerland — info@styllacare.com — +41 21 588 11 49
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*):
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.