Conditions of Use

BIOSWISS Cosmetics - General terms of sale

I - General - Scope of application
1. The present terms of sale shall apply to all current and future business relationships.
2. In business relationships, the term "consumer" shall mean all private individuals with whom a business relationship is maintained, but such relationship shall not be likened to a professional or commercial business.
In business relationships, the term "entrepreneur" shall mean the private individuals or legal entities or partnerships with a legal status with which a business relationship is maintained and which act as part of an independent or professional business.
In business relationships, the term "customer" shall refer both to consumers and entrepreneurs.
3. Any divergent, contrary or additional terms of sale shall not become part of the contract even if BIOSWISS Cosmetics has knowledge thereof, unless they are approved by BIOSWISS Cosmetics in writing.

II - Contracting
1. BIOSWISS Cosmetics offers are not binding. The company reserves the right to make reasonable changes to the composition, shape, colour and/or weight of products.
2. By placing an order for a product, the customer formally declares his intention to purchase the item ordered. BIOSWISS Cosmetics shall then have a period of two weeks after receipt to accept the contract proposed in the order. Acceptance may be given in writing, or by delivery of goods to customers.
3. Should the consumer order products by electronic means, BIOSWISS Cosmetics shall acknowledge receipt of the order immediately. The acknowledgement of receipt shall not constitute firm acceptance of the order. The acknowledgement of receipt may be sent together with a declaration of acceptance.
4. The contract shall become firm subject to timely and correct delivery by BIOSWISS Cosmetics' sub-contractor. This condition shall only apply when BIOSWISS Cosmetics is not responsible for non-delivery.
If the product ordered is unavailable, the customer shall be informed immediately and payment shall be refunded without delay.

III - Delivery
Delivery shall include transport to the customer's house. Payment shall be made in advance (by bank transfer by the customer prior to delivery).
Unless otherwise specified for the item, costs of carriage shall amount to:

IV - Further details concerning the law on mail order
According to the terms of the law on mail order, consumers may, in certain circumstances, return the goods ordered within two weeks of receipt thereof, without justification and may therefore cancel the sale.
The following conditions must be met:
• The law on mail order applies to sale contracts entered into solely by remote communication means.
• The consumer must cancel the sale in writing within two weeks but is not required to give reasons for the same.
• The items purchased must be returned within the same time limit.
• The examination period shall start on the day the goods are received by the consumer. This deadline shall be maintained provided that the cancellation is sent in a timely manner.
• The cancellation must be sent to the above-mentioned address.
• The right to cancel shall not apply to goods "manufactured as per customer specifications".
• The right to cancel shall not apply to goods "not suited for return".
• The right to cancel shall not apply to goods under seal that have been opened.
• The customer shall pay the costs of carriage to return any goods worth less than 40 EUR. Goods returned carriage forward shall not be accepted. Costs of carriage for goods worth more than 40 EUR shall be refunded solely by bank transfer. The consumer must indicate an account to which the sums refunded shall be transferred. BIOSWISS Cosmetics reserves the right to claim damages in the event that it can prove the lower value of the goods.

V - Transfer of risk
1. If the purchaser is an entrepreneur, the risk of accidental loss or damage of an item purchased by mail order shall be transferred to the purchaser when the goods are handed over to the forwarding agent, the carrier or the person or establishment ordinarily appointed to make deliveries.
2. If the purchaser is a consumer, the risk of accidental loss or damage of an item purchased by mail order shall only be transferred to the purchaser upon delivery of the goods.
3. The delivery shall in no way be affected by any delay by the purchaser in respect of the acceptance thereof.

VI - Warranty
1. The right to refuse your order within 14 days of receipt of the goods (refer to article IV) shall not in any way affect your consumer rights under legal provisions relating to warranties. Your consumer rights for any defective goods purchased from us shall lapse within two years of receipt of the goods. The warranty period for entrepreneurs is one year as of delivery of the goods. BIOSWISS Cosmetics specifies that the presentation of goods on the Internet and in other media must be considered as a simple description of the product and does not guarantee the quality of the goods in any way. The quality of the goods is only guaranteed if expressly stated in a separate document.
2. a. Entrepreneurs must inform BIOSWISS Cosmetics in writing of any visible defect within two weeks of receiving the goods failing which they may no longer avail themselves of their rights under the warranty. The deadline shall be maintained if notification is sent in a timely manner. The burden of proof relating to all the conditions required to avail oneself of such right lies with the entrepreneur, particularly as far as the defect itself is concerned, the date on which the defect was noted and the timely notification of the same.
2. b. Consumers must inform BIOSWISS Cosmetics in writing of any visible defect within two months of the date whereon the non-conformity of the goods to the contract was established. Compliance with the deadline shall be determined by the date of receipt of the notification by BIOSWISS Cosmetics. Should the consumer fail to inform BIOSWISS Cosmetics in writing, the warranty rights shall expire within two months of the defect being noted. This condition shall not apply in the event of fraud committed by the consumer. The burden of proof relating to the date whereon the defect was noted lies with the consumer.
3. The customer is required to keep the invoice enclosed with the delivery as proof of purchase.
4. If the purchaser is an entrepreneur, BIOSWISS Cosmetics may choose to fulfil the warranty against defects in the goods by repairing or exchanging the same.
5. If the purchaser is a consumer, he may choose between a repair and an exchange under the warranty. However, BIOSWISS Cosmetics is entitled to refuse the consumer's choice if it would incur unreasonable costs while the other possibility would not create any substantial inconvenience for the consumer.
6. In the event of failure to fulfil the warranty, the customer may, in principle, demand either a reduction in price or the termination of the contract. For any negligible breach of the contract, in particular insignificant defects, the customer shall not be entitled to demand the termination of the same.

VII - Final provisions
1. No right, save warranty rights, and in particular rights to damages, may be claimed insofar as the damage was not caused intentionally or by gross negligence by BIOSWISS Cosmetics and insofar as BIOSWISS Cosmetics is not in breach of a substantial obligation of the contract. BIOSWISS Cosmetics shall not be held liable for unforeseeable damage (except in the event of premeditation). This exclusion of warranty shall not apply to warranties accepted in writing as to the quality of the goods, to fraudulently concealed defects and to damages owed further to death or bodily harm, and in the event of liability under the law on manufacturers' liability.
2. For the performance of the contract, BIOSWISS Cosmetics shall keep personal data and may, as required, transmit the same to third parties for that purpose or to conduct a solvency check. BIOSWISS Cosmetics may use personal details for commercial purposes to which the customer may obviously object at any time by sending simple notification to BIOSWISS Cosmetics.
3. Any dispute, insofar as it is admissible, shall be brought before the courts of D-78462 Konstanz/Germany that shall have sole jurisdiction. For deliveries made to foreign countries, the laws of Germany shall apply to the exclusion of private international law and to United Nations purchase provisions.
4. Should the present provisions be partially null and void or incomplete, the other provisions shall nonetheless remain valid. They shall be replaced by other provisions that are in keeping with the economic aim of the contract insofar as they are acceptable.

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