GENERAL TERMS AND CONDITIONS

1. Scope and purpose of the contract

1. These General Terms and Conditions (hereinafter referred to as GTC) govern all legal relationships, deliveries and services between the operator of this online shop (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Buyer”).
2. Any deviating General Terms and Conditions of Purchase or Business of the Buyer are hereby expressly and categorically rejected. Deviations are only effective if the seller expressly agrees to them in writing.

2. Offer, order and binding conclusion of contract

1. The presentation of the products in the online shop is for information purposes only and does not constitute a legally binding offer.
2. Principle of conscious purchasing: The buyer is obliged to exercise extreme care before purchasing. Before clicking the buy button, the customer must make 100% sure that he actually wants to purchase and keep the product.
3. By clicking on the button concluding the purchase process, the buyer submits a binding and irrevocable purchase offer. The contract is concluded with the dispatch of the automatic order confirmation by the seller. From this point on, the buyer is unconditionally obliged to pay and accept the goods.

3. Complete exclusion of the right of return and revocation

1. Due to the specification of the assortment and the principle of conscious purchasing, the Seller does not grant the Buyer any right of return (no right of withdrawal from the time of clicking on the buy button). All purchases are final, absolutely binding and cannot be reversed.
2. Orders placed cannot be subsequently changed, modified or cancelled by the buyer under any circumstances.
3. Goods unilaterally returned by the Buyer will be disposed of at the Buyer’s expense without the prior express written permission of the Seller. In this case, there will be no refund of the purchase price.

4. Prices, shipping costs and complete transfer of risk during transport

1. The delivery of the purchased goods is subject to a fee. The prices stated in the online shop include the statutory value added tax, but do not include packaging and shipping costs, which are shown and calculated separately.
2. In accordance with Art. 185 of the Swiss Code of Obligations (CO), the benefit and risk of the goods are transferred in full to the buyer at the moment of separation and departure from the seller’s warehouse (upon delivery to the courier or postal service provider).
3. Under no circumstances shall the Seller be liable for delays in delivery, loss of the package, damage to the goods by the transport company or for theft of the package from the mailbox or at the buyer’s doorstep. All claims for complaints must be addressed by the buyer directly to the transport company/post office at his own expense and risk.
4. The provision of incorrect or incomplete address data by the buyer releases the seller from any liability. The cost of resending as well as the return shipping costs to the seller’s warehouse are 100% the responsibility of the buyer.

5. Terms of Payment and Retention of Title

1. The delivered goods remain the legal property of the seller until the entire invoice amount including all shipping costs has been paid in full.
2. When choosing external payment methods (e.g. purchase on account via POWERPAY), the buyer also accepts the general terms and conditions of the respective payment service provider.
3. If the Buyer is in default with any payment, all existing claims of the Seller against the Buyer become due immediately. The Seller is entitled to cease all further deliveries immediately, to charge reminder fees and default interest up to the maximum legally permissible rate (15% p.a.).

6. Complete exclusion of warranty, product and health liability

1. The seller does not give any guarantee or warranty of its own on the products distributed. Product descriptions and information are only indicative. The seller does not guarantee the effectiveness of the products or the absence of allergic reactions, side effects or intolerances.
2. Exclusive liability of the manufacturer: The manufacturer of the respective product is solely liable for the chemical/biological composition, the quality, the correctness of the labelling, the tightness of the packaging, the instructions for use and for all production defects. The seller acts exclusively as a distributor and is fully released from any product liability.
3. The buyer is absolutely obliged to independently consult a doctor, dermatologist or appropriate specialist before using the product to check whether the product is safe for him. The use of the product is entirely at the buyer’s own risk. The seller is not liable for any damage to health, physical impairment, financial loss or immaterial damage resulting from the use of the product.

7. Buyer’s Obligations to Store and Use

1. The buyer is solely responsible for the safe storage of the purchased products, in particular for securing and keeping them out of the reach of children, minors and pets.
2. The buyer undertakes to use the product exclusively for its intended purpose and in accordance with the manufacturer’s recommendations and the instructions on the packaging. The seller is not liable for the consequences of improper, incorrect or non-manual use of the goods.

8. Buyer’s Obligation to Verify and Seller’s Discretionary Clause

1. The buyer is legally obliged to inspect the delivered package immediately upon receipt. Any obvious defects, damage or incorrect deliveries must be reported to the seller by e-mail within a maximum of 24 hours after delivery, accompanied by detailed photo documentation of the product and the transport packaging. After this 24-hour period, the goods are deemed to have been accepted without reservation and without defects.
2. Discretionary clause in dispute resolution: In the event of any problems, disputes, complaints or other claims on the part of the buyer, these matters will be examined and settled exclusively at the discretion of the seller (as a gesture of goodwill). The seller’s decision on a possible goodwill exchange or a complete rejection of measures is final and does not establish any further legal claims of the buyer.

9. Intellectual property and data protection

1. All content, graphic designs, logos, images, descriptions and documents within the Online Store are the exclusive intellectual property of the Seller or the corresponding partners. Copying, duplicating or using without the express consent of the seller is strictly prohibited.
2. The Buyer’s personal data will be processed using secure SSL encryption exclusively for order processing, payment processing and for its own marketing purposes (including sending newsletters and SMS messages, from which the Customer can unsubscribe at any time) in accordance with the applicable data protection regulations.

10. Severability, applicable law and place of jurisdiction

1. If any provision of these T&Cs is or becomes invalid, invalid or unenforceable under local law, the validity and effectiveness of the remaining points of these T&Cs shall not be affected. Instead of the invalid provision, a regulation is deemed to have been agreed that comes as close as possible to the original intention of the seller and ensures the maximum protection of the seller.
2. All legal relationships arising from this contract or the use of the online shop are subject exclusively to Swiss law.
3. The application of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG / UN Convention on Contracts for the International Sale of Goods) as well as conflict-of-law rules (PILA) is excluded entirely, expressly and unconditionally.
4. The exclusive place of jurisdiction for all legal disputes arising directly or indirectly from the contract is the registered office of the seller, for which Gossau, Kanton SG is expressly agreed. However, the Seller reserves the right to sue the Buyer at the Buyer’s place of residence or at any other legal jurisdiction.