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General terms and conditions of the online shop of the company AQUAPRESEN Swiss Cosmetics, Inc. for individual customers
- under Swiss law –
All services that are rendered by the online shop for the customer are based solely on the following general terms and conditions. Deviating terms are only applicable when they are agreed on in written form.
By ordering from this online shop the customer agrees to these terms and conditions.
2. Conclusion of Contract
Only persons that are older than 18 years and whose legal capacities are not restricted are eligible to conclude a contract with the online shop. We only sell in customary amounts.
The offers of the online shop are non-binding.
By placing an order with the online shop the customer makes a binding promise to conclude a purchase contract.
The online shop has the right to accept this offer of concluding a purchase contract within 14 days by sending an order confirmation. The order is confirmed when the customer places the order, at the latest it is confirmed when the products are shipped. We are not obliged to accept an order. If we don’t accept a certain order we inform the customer. If a product isn’t available for shipping we inform the customer as well. In that case no purchase contract is being concluded.
The order confirmation that is sent to the customer automatically after he places the order and the acceptance of a telephonic order are not legally valid acceptances from our side. The automatic e-mail message is only an acknowledgement of receipt.
If the 14 day deadline passes without an answer the offer is officially declined.
3. Right of withdrawal
3.1 The customer is allowed to rescind the contract or exchange the products within 10 days after receiving the products.
It’s enough if the advice of cancellation is sent within the deadline. The online shop does not assume any risk and the postal charges.
The return address is:
For customers from the US:
AQUAPRESÉN Cosmetiks USA, Inc.
3665 Bonita Beach Road Suite 1-3
Bonita Springs 34134 (FL)
United States of America
3.2 In the case of a rescission from the contract the online shop will refund the payment that the customer might have already made.
The customer is obliged to restore the received services at his own expenses and to pay an appropriate compensation for the utilization including a compensation for possible impairments. This does not apply if the impairment is caused only by the examination of the product.
If a restoration of the received services is impossible or infeasible the customer has to refund the value of the services.
The clause of this paragraph leaves possible compensation claims untouched.
3.3 Excluded from the right of withdrawal are:
Products or services whose prices depend on the developments of the rates at the financial markets outside the control of the entrepreneur.
Products that have been produced after the specifications of the customers.
Products that are not eligible to return because of their nature, for hygienic reasons, that are perishable or whose expiration date has been exceeded.
4.1 All articles are shipped immediately, as long as they’re stocked and available, provided that a credit and identity check is successful. The delivery takes place in Switzerland, the EU and the USA. 4.2 The delivery time inside of Switzerland is about 7 workdays, unless stated otherwise. For abroad delivery delivery time is 10 workdays, unless stated otherwise. For deliveries abroad the delivery time is dependent on the location of the customer. The delivery time starts with the transmission of the order confirmation. The declaration of the delivery time is nonbinding, unless a contrary written agreement is made. If an article isn’t available at short notice we inform the customer as quickly as possible via e-mail about the approximate duration of the delivery. We reserve the right to make partial shipments, as long as this helps to make a more efficient total shipment. The additional delivery is free of charge. If the delivery is delayed due to acts of nature, traffic problems, acts of authority or other incidents that are not in hand of the online shop, an indemnity claim is foreclosed. The same applies when delays are caused by suppliers of the online shop.
5. Packaging and Shipping of Products
5.1 We offer the following shipping methods: For delivery inside of Switzerland we charge the delivery cost as stated in the offer. For deliveries abroad we charge at least EUR 9,50.
5.2 If a customer wishes so we can make express shippings at the expense of the customer.
5.3 We effect an insurance for the shipping at the customer’s expense. Any damages have to be reported to the delivery agent immediately.
6.1 All prices are final prices that include value added taxes: Switzerland 8%, EU 20%.
6.2 The final prices don’t include the shipping costs.
6.3 Because of a constant update of the website older information regarding prices and nature of the products are rendered redundant by newer information and lose their effectivity. Errors and misprints remain reserved.
6.4 The declared price at the moment of placing an order is the devisive for the billing.
6.5 The prices for products that are sold to foreign countries are usually higher than the prices for products that are sold inside Switzerland. This is caused by higher value added taxes and duty fees. Customers from abroad don’t have the right to Swiss prices.
The following payment options are available:
Advance payment: The customer is obliged to make the payment within 10 days after conclusion of contract to one of our accounts. If you chose advance payment you will receive an invoice with the billing information. This is why it’s mandatory to fill in your address when placing an order. When making the payment please put in your name and the date of the order in the reference field. If the payment isn’t made within 10 days the online shop reserves the right to cancel the order.
Invoice: The customer is obliged to make the payment within 10 days after conclusion of contract. Only for customers from Switzerland. If we don’t receive the payment in time we reserve the right to invoice exhortation costs and administrative charges. If the payment is delayed we have the right to a default interest of 5% (through the interest reference rate of the Swiss national bank) without further notice. In addition we have the right to invoice the costs for exaction, especially costs for postal communication and lawyer costs. The right of assertion of further claims of compensation remains untouched.
"Sofortüberweisung" / instant payment
8. Reservation of Title of Products
Until the complete payment is received the products remain property of the online shop. In case of delayed payment the online shop has the right to withdraw the products. This does not mean an avoidance of contract, unless stated so.
In case of compulsory enforcement measures of third parties into goods subject to retention of title the customer is obliged to inform us and hand us over any information regarding documents needed for an intervention; this applies for other interferences too. Independently the customer has to inform the third parties about the existing rights of the products beforehand.
9. Warranty for Faults in Products
9.1 Claims of the customers based on flaws in the product go by the law.
9.2 The customer is obliged to check the product for flaw as soon as it is delivered. If a flaw is found the online shop has to be informed immediately. If a flaw is found later the customer is obliged to inform the online shop as soon as he detects the flaw. If the customer doesn’t inform the online shop about flaws the products and delivery count as approved.
9.3 Flaws in products exclude damages that have been caused by the customer by treatment that’s inappropriate or in violation of the contract.
9.4 The warranty period is 1 month if there isn’t stated another period on the product. It starts with the receipt of the products. The regulations of 9.2 remain untouched.
9.5 If the supplementary performance is done in the way of a replacement delivery the customer is obliged to return the products that were delivered first within 10 days. The return of the deficient product has to be done according to law. The online shop reserves the right to plead compensation for damages under requirements regulated by law.
9.6 The warranty is cancelled in case of intrusion, reparations or attempts to repair by the customer or unauthorized third parties without a written approval.
9.7 If a transport loss is ascertained we ask the customer to make damage report to the transport carrier immediately. Other noticeable transport losses have to be pleaded within 2 days in a written way. The neglection of this complaint does not affect your legal claims.
10. Limitation of Liability
10.1 Damage claims against us are impossible unless they’re based on our deliberate or grossly negligent behaviour or that of our proxies. The limitation period for the assertion of damage claims is 3 years and starts on the date of the action that caused the punitive damages. If the legal limitation period is shorter than 3 years, it applies and renders our clause redundant. The liability for warranties happens regardless of culpability.
For slight negligence the online shop is only liable only under the regulations of the product liability law, because of injury to life, body or health or the violation of substantial contractual commitments. The damage claim for slight negligence of substantial contractual commitments is limited to damages that are predictable and typical for the contract, unless the liability is due to injury of life, body or health. We are liable for the fault of proxies or agents to the same effect.
10.2 The regulations of the previous clause (10.1) span damage claims beside the obligation, damage claims instead of the obligation and the claim for compensation because of wasted expenditure, no matter because of what legal basis, including the liability because of flaw, delay or impossibility.
10.3 The manufacturer and distributor can not be held responsible for improper use.
The customer agrees that the data he provides are saved and processed electronically. We point out that data that is collected and processed in the meaning of this ordinance are used exclusively for the purpose of service provision, especially for the purpose of order fulfillment and accounting. The data will not be handed to third parties. The transmission of the data is encoded. For the security of data transmitted over the internet liability can not be assured.
All depicted third party logos, pictures and artworks are property of the corresponding companies and underlie the copyright of the corresponding licenser. All pictures, logos, texts, reports, scripts and applications that are depicted on this website and that are developments of ourselves or are processed by us can not be copied or used without our approval. All rights reserved.
13 Place of Jurisdiction
13.1 The place of jurisdiction is the place of business, unless the law says otherwise.
13.2 For all conflicts that derive from this legal relation the law is that from Switzerland to the conclusion of conflicts of law. The application of UN sale of goods law is impossible.
14. Salvatorius Clause and Validity of the GTC
By placing an order the customer agrees to the general terms and conditions of the online shop. If a regulation of the GTC is nullified for whatever reason the other regulations remain untouched. The nullified regulation is replaced immediately by the regulation of law. Oral agreements need to be approved in a written way to be effective.