©2018 by koiismetics.

Policies at koiismetics

General terms and conditions for koiismetics, owner: Léonie Seys

 

1.   Scope

These general terms and conditions apply to the entire business of koiismetics (subsequently referred to as “the business”). The business offers natural cosmetics.

 

 

2.    Conclusion of contract

A contract is concluded when the customer accepts an offer from the business regarding the sale of products. 

The contract is concluded absolutely when the customer accepts products that are offered by the business through an online store or when items are purchased directly. 

 

3.    Prices

Unless otherwise agreed upon, all prices are in Swiss franc (CHF).  All prices exclude any applicable value added tax (Mehrwertsteuer - MwSt), as well as any other applicable tax. 

Prices do not include shipping and handling. 

The business reserves the right to change the prices at any time. Prices applicable are those that were valid at the time of contract conclusion, either as mentioned on the website or as included on price lists. 

 

4.    Payment

The business offers its customers the following payment methods: Credit card, PayPal, advance payment, Twint. 

The business offers products through an online platform, which can either be purchased, rented or used in other ways. The business has the right to request electronic payments online (by credit card, PayPal or other payment methods). 

Billing of the invoiced amount with any demand by the customer against the business is not permitted. 

The business reserves the right to deny delivery or services in case of default of payment. 

 

5.    Responsibilities of the company

 

5.1.    Delivery/delivery deadlines

Delivery will be made within 5 (five) business days upon receipt of the order.  If on-time delivery is not possible, the customer will be notified by the business within 5 (five) business days upon receipt of the order, and the new delivery date will be communicated to the customer. 

 

Unless otherwise agreed upon, the place of fulfillment will be that of the business location.  The business fulfills the order by delivering the ordered products to the agreed upon carrier.  If no carrier is agreed upon, the business reserves the right to choose a carrier.  The agreed upon delivery fees may not be increased by choosing a certain carrier. 

 

Any and all deliveries covered by these terms and conditions are processed in accordance with Incoterms 2010 EXW ex works. 

 

5.2.    Auxiliary persons 

The parties have the explicit right to engage auxiliary persons in fulfilling of their contractual obligations.  The parties must ensure that engaging any auxiliary person does not violate the mandatory statutory provisions or any applicable collective agreements. 

 

6.   Return of products

The return of products is generally not permitted. 

 

7.   Guarantee

Legal warranty provisions apply. 

The business guarantees the above-mentioned terms for a maximum period of 24 (twenty-four) months. 

 

Any possible damage must be reported to the company immediately.  The business reserves the right to decide whether the damaged product should be repaired or replaced.  The customer has a right to a price reduction or refund only if replacement or repair of the product is not possible. A refund will not be processed if the item was repaired by a third party.  The customer is not entitled to a replacement product while the damaged item is being repaired.  A new warranty will be issued for the repaired item; however, the original warranty remains on the remaining items. 

 

8.   Liability

Liability for any indirect damages and consequential damages is fully excluded. 

Liability for direct damages is limited to the purchase price of the product/of the service. This liability limit does not apply to any direct damages that are caused by gross negligence or intent. 

The customer is obligated to immediately report any damages to the company. 

Any liability for auxiliary persons is fully excluded. 

 

9.   Intellectual property rights

All rights to the products, services and any brands are that of the business, or the business has explicitly authorized their use. 

Neither these terms and conditions, nor additional individual contracts allow transfer of intellectual property rights, unless this has been explicitly mentioned otherwise. 

Furthermore, any processing, publishing and sharing of information, images, texts or other material that was received by the customer in connection with these provisions, is prohibited, unless it was explicitly authorized by the business. 

If the customer uses contents, texts or images in connection with the business, to which third parties have a property right, the customer is required to ensure that the property rights of these parties are not infringed upon. 

 

10.   Data protection

The business has the right to process and use the data received within the framework of the contract in order to fulfill all contractual obligations.  The business takes measures to ensure that the data are secured in accordance with legal provisions.  The customer fully agrees to his data being saved and processed by the business and is aware that the business is required to disclose this data, upon court order or request by other authorities to the latter or any third parties.   Unless the customer explicitly objects, the business may use his information for marketing purposes.  The data necessary for service fulfillment may also be sent to any service partners or other third parties. 

Furthermore, data protection laws will fully apply.

 

11.  Changes

These general terms and conditions may be changed by the business at any time. 

The new version will become effective 30 (thirty) days after notification by the business. 

Generally, the terms and conditions that were effective at the time of contract conclusion are applicable. However, this is not the case if the customer has agreed to a more recent version of the terms and conditions. 

 

12.   Precedence

These terms and conditions take precedence over any prior provisions or contracts.  The only exception is individual contracts that include more specific provisions than these terms and conditions. 

 

13.   Severability

If any of the provisions of this contract or an attachment to this contract turns out to be invalid, the validity of the remaining provisions shall continue to apply.  The contract parties will substitute the invalid provision with a valid provision, which comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any contractual loopholes.

 

14.   Confidentiality

Both parties, as well as their auxiliary persons, are obligated to treat any information that is obtained in connection with the services confidential.  This obligation continues upon termination of this contract. 

 

15.   Force majeure

If on-time delivery by the business, its carriers or engaged third parties is not possible due to force majeure, such as natural disasters, earthquakes, volcano eruptions, avalanches, severe weather, thunderstorm, storms, wars, riots, civil wars, revolutions and rebellions, terrorism, sabotage, strikes, nuclear (plant) accidents, etc., the business is relieved of their contractual obligation during the period of these incidents, as well as some reasonable time after these incidents. If force majeure persists for longer than 30 (thirty) days, the business reserves the right to terminate the contract. The business is required to refund any amounts that have been received. 

Any additional demands particularly claims for damages due to force majeure are not permitted. 

 

16.   Governing law/legal jurisdiction

These general terms and conditions are subject to Swiss law. Unless any other mandatory statutory provisions prevail, the local court in the area of the business has jurisdiction. The business reserves the right to take legal action in the jurisdiction of the defendant. The United Nations Convention on Contracts for the international sale of goods (SR 0.221.211.1) is explicitly excluded.