Conditions
GENERAL TERMS AND CONDITIONS OF BUSINESS
1. Scope and scope
These General Terms and Conditions (GTC) apply to all business relationships between you and the online shop www.duftdeko.ch of iBeautyBeauty Violante, Gustav Zeiler-Ring 14, 5600 Lenzburg (hereinafter duftdeko; we) for products that you purchase via the online shop buy.
We reserve the right to change the Terms and Conditions at any time; The current terms and conditions apply when the binding order is submitted. Terms and conditions that deviate from and/or conflict with these terms and conditions do not apply between you and us.
You must read the Terms and Conditions carefully, including the following provisions. A binding order may only be placed when: When placing a binding order in our online shop, you agree to the following conditions and our data protection declaration ( https://duftdeko.ch/pages/datenschutz ). You also expressly declare that you are at least 18 years old and have the authority to enter into legally binding contracts.
2. Conclusion of a purchase contract
The representations of our products in the online shop do not represent a legally binding offer. Our online shop is a non-binding online catalog, and therefore a non-binding suggestion to order the products in our online shop. We therefore reserve the right to change products and content (e.g. images, prices, descriptions, etc.) at any time and without prior notice. We would like to point out that all illustrations, images, advertising and other information relating to our products are for your information purposes only; they are not binding for us. You acknowledge that, as far as homemade and handmade products made from natural products and natural products are concerned, these may differ in color from those shown.
You can place a binding order for the desired products in our online shop. To do this, you select products that are then placed in the so-called “shopping cart”. Simply placing it in the “shopping cart” does not constitute a binding order. The order is only considered binding when you click on the “ Proceed to payment ” button in the order overview at the end of the ordering process. Before sending the order, you can change all information, identify any input errors and, if necessary, correct them before placing the binding order.
Following your binding order submission, you will immediately and automatically receive an order confirmation. The order confirmation contains the details of your order as well as a copy of the general terms and conditions. We recommend that you save the order and especially the terms and conditions on your device. In this matter, we would like to point out that sending the order does not constitute a purchase contract. By submitting the order, you confirm that you have read the terms and conditions and agree to them unconditionally.
Following your binding order and acceptance of the Terms and Conditions, we are free to either accept your order or refuse/cancel it at our sole discretion by sending you a corresponding notification by email and without incurring any liability to you or any third party. Any payment you have already made will be refunded in the event of rejection/cancellation.
In any case, the following reasons and other important reasons constitute a valid reason for rejection/cancellation: a product is no longer available; we do not receive authorization for payment; the payment is not received; You violate the terms and conditions; You engage in fraudulent and/or other criminal activity.
The binding purchase contract is created by our acceptance of the order. Acceptance occurs by shipping the ordered products. We would like to point out that commercial distribution or resale of our products is prohibited.
3. Availability and reservation of performance for products that cannot be delivered
All information about the availability of our products, as well as information about shipping and delivery, is preliminary and should be considered as an approximate guide. These are neither binding nor guaranteed shipping and delivery dates. We accept no liability for unavailability of products or for delays in shipping and delivery; liability for this is expressly excluded.
Our products are available while our stocks last. If we determine that there are not enough products, we will inform you immediately. In this case, the contract between you and us will not be concluded. Furthermore, we reserve the right to limit the number of items per order and/or customer. In this case, we will inform you immediately by email.
4. Prices and shipping costs
The prices of our products correspond to those in the online shop. All prices are stated in Swiss francs and include the VAT applicable for the respective country. You can see the total price of your order, including any additional and/or shipping costs as well as the VAT payable for the respective country, at the end of the ordering process. Additional customs fees may apply when shipping abroad (outside Switzerland). These are not included in the aforementioned total price and must be paid by you.
By placing a binding order, you declare that you agree with the total price displayed for your order. This price cannot be adjusted afterwards.
We reserve the right to change prices at any time. The time of the binding order is decisive.
5. Terms of payment / credit check
Your orders are generally due for payment immediately. You have the option of paying the total price using the options shown in the online shop. However, we reserve the right not to offer certain payment methods in specific individual cases. In this case we refer to other payment methods.
You expressly authorize us to carry out credit checks at our own discretion and to pass on your data to third parties for this purpose.
By choosing the payment method, you authorize the payment either by entering your credit card details or access data from a payment service provider. You authorize us to receive or collect payments to the appropriate extent. If there are chargebacks, we are entitled to reimbursement of the associated costs and bank processing fees. Under no circumstances will we be liable for any fees and/or other amounts charged to you by your card issuer or bank as a result of the payment processing of your order.
If you pay with a credit card or alternative payment method, we reserve the right to check the validity of the relevant card, check the availability parameters and address details and request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and the payment details entered are correct. If payment is refused, we reserve the right to cancel the order and refuse to ship the products. In this case, you will immediately receive an email from us.
If we offer you payment by invoice or advance payment, you will receive the invoice and the payment slip either in advance by email or together with the ordered products. Payment must be made using the payment slip and within the specified period. If payment is not made on time, we are entitled to cancel the delivery (advance payment). If payment is not made on time when ordering by invoice, we are entitled to additionally invoice our expenses with reminder fees of CHF 25.00 per reminder. We also charge other costs associated with debt collection as well as statutory default interest. If it is necessary to initiate a debt enforcement process, we will charge an additional processing fee of at least CHF 200.
6. Delivery conditions
Delivery is generally carried out via the Swiss Post AG delivery service. The costs for delivery are calculated according to the order overview at the end of the order. The following delivery services are used for delivery to the EU: DHL . The costs incurred will be paid by you in advance (see order overview).
The goods you order from our online shop will be delivered to you within 6-8 working days of receipt of full payment, depending on the destination and availability of the products. If products are marked as “out of stock” when ordering, we will endeavor to deliver the goods as quickly as possible. We do everything we can to adhere to the stated delivery times. In no event will we be responsible for any delays in delivery; this regardless of their causes. We will inform you immediately about any delivery delays by email.
If a delivery delay lasts more than 3 weeks beyond the original delivery date, you have the right to cancel your order. Further claims, in particular claims for damages, lost profits, etc., are excluded.
7. Retention of title
We remain the owner of the ordered products until they have been paid for in full.
8. Right of withdrawal and return (only customers residing in the EU)
The following information only applies to you if you are resident in the EU. If you live in Switzerland, the following provisions are irrelevant:
For all purchases made through our online shop (with the exception of certain products; see the cancellation restrictions below), you as a consumer have the right to cancel within 14 days of receipt of the products without giving reasons. You or a third party named by you who is not the carrier can withdraw from the contract within 14 days of receipt of the products by sending the relevant products back to us or by sending us a clear declaration of withdrawal in text form (e.g. by letter or email ) send.
The 14-day return period begins on the day after receipt of the products and is met if the products or the cancellation notice are handed over to the post office or another transport company for return or shipping on the last day.
The prerequisite for exercising the right of withdrawal is that you return the products to us unused, complete and intact, if possible in the original packaging. The goods plus the completed return receipt must be returned to the following address:
iBeauty Beauty Violante
Gustav Zeiler Ring 14
5600 Lenzburg
If you cancel the contract and return the goods properly, we will refund the total price you paid (excluding any delivery costs) no later than 14 days from the day on which we received notification of your cancellation of this contract or on which we received the goods. The repayment depends on the payment method originally used and is always made to the associated account that was used for the payment. Please ensure that you have access to the account provided as we accept no liability for this.
We may refuse reimbursement until we receive the delivered products back or until you provide evidence that the products have been returned.
You only have to pay for any loss in value of the products to the extent that this loss in value is due to handling other than what is necessary to check the nature, properties and functionality of the products.
The right of withdrawal is excluded if it concerns products that we have manufactured according to your own wishes and specifications or that are clearly individualized to you (so-called customer-specific, individualized products). The right of withdrawal is also excluded if it concerns products that are not suitable for return for health or hygiene reasons and whose packaging was opened after delivery.
9. Notification of defects/warranty
We guarantee that the products correspond to the guaranteed properties and have no defects that affect their value or suitability for the intended use.
Upon receipt, you must immediately check our products for accuracy, completeness and any damage. Errors or damage must be reported to us within 5 working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you do not inspect the products and/or report the defects immediately, the product will be deemed approved and you will no longer be entitled to make any claims against us.
You acknowledge that, as long as these are homemade and handmade products made from natural products and natural products, deviations in shape, color and size do not constitute a defect.
The statutory warranty regulations against manufacturing defects/material or production defects apply. The warranty period is 2 years from receipt of the corresponding product. Products that are damaged through your own fault are excluded from the warranty.
Your warranty claims are limited to replacement delivery or elimination of defects/repair to the exclusion of all other claims, in particular reduction or compensation for indirect damage and consequential damage. We decide whether to deliver a replacement or repair at our own discretion. If subsequent delivery or repair fails, you are entitled to withdraw from the contract - only if there are significant defects.
If you have a complaint or service questions, we are available at the following address with the order number, customer number, a description of the error and other helpful information:
iBeauty Beauty Violante
Gustav Zeiler Ring 14
5600 Lenzburg
The defective product must be returned to the above address with a copy of the invoice sent and a detailed description of the defect. Returning a product is at your expense and risk. You should have the return confirmed and keep the confirmation so that the return can be processed in the event of a package being lost.
10. Account Registration
41) When registering a customer account, customers can view information about completed, open and recently shipped orders as well as manage and save address details, any payment details and a possible newsletter. The customer data is thus saved; There is no need to re-enter it when ordering again.
You are responsible for registering your customer account and must provide the personal data required for registration truthfully and completely. You undertake to treat your personal access data to your customer account confidentially and not to make it accessible to unauthorized third parties. We guarantee that customer data will be treated confidentially and will not be passed on to third parties. For further information on data protection, please see our data protection declaration at [ https://duftdeko.ch/pages/datenschutz ].
Registration in our online shop is free. You are only authorized to one customer account. We reserve the right to delete multiple accounts and, if you violate the Terms and Conditions, to warn you, block you, or delete and/or modify the content.
We are also under no obligation to accept your registration and/or order, even if you are a registered customer.
11. Liability
If we violate our own obligations under these General Terms and Conditions and the contractual relationships based on them, we are liable for damages caused and proven by us through unlawful intent or gross negligence. Liability for minor and moderate negligence as well as for indirect and consequential damages, whether based on contract, tort or for any other reason, is expressly excluded. Examples of indirect damage include lost profits, financial losses, damage to reputation, damage caused by computer viruses or loss of data due to temporary impairments or interruptions in the availability of our services. Furthermore, we assume no contractual or non-contractual liability for damage caused by auxiliary persons used to provide the service.
The above exclusions and limitations of liability do not apply in the event of culpable injury to life, body and health caused directly by us or in the case of mandatory legal regulations, including the regulations of the Product Liability Act.
Subject to the foregoing, regardless of the cause and to the extent permitted by law, your aggregate liability under these Terms and Conditions is limited to the price of the products you ordered and received from us.
In the event of events beyond our influence and control (so-called force majeure), we assume no liability or responsibility for non-fulfillment or late performance of any obligations arising from these General Terms and Conditions and the contractual relationship based on them. An event beyond the sphere of influence occurs, for example, in the following cases: strikes, protests, protests, lockdowns or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters , or the failure of public or private communications networks or the inability to use rail, shipping, air, motor routes or other means of public or private transportation.
If an event occurs outside of our control that affects the fulfillment of our obligations within the contract, we will inform you as quickly as possible.
12. Data Protection
We collect and process personal data only within the framework of the legal provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of customers' personal data, rights and related questions can be found in our data protection declaration at [ https://duftdeko.ch/pages/datenschutz ], which forms an integral part of these General Terms and Conditions.
13. Copyright
The information and content published in the online shop is protected by copyright and is our property or the property of the respective rights holder. Reproduction, processing, distribution or any other form of exploitation is not permitted and requires our prior written consent. the consent of the respective rights holder. We and/or the relevant rights holder expressly reserve all rights in this regard.
14. Severability clause
If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable, this will not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision is deemed to be replaced by an effective provision that takes the economic purpose of the provision and the will of the parties into account as far as possible at the time the contract is concluded. The same applies to any gaps in these terms and conditions.
16. Applicable Law and Place of Jurisdiction
Substantive Swiss law applies exclusively to these General Terms and Conditions, the contractual relationships based on them and any disputes, excluding the conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for you as a natural person is either our registered office or your place of residence. For you as a legal entity, our registered office is the exclusive place of jurisdiction.
duftdeko.ch, version November 2022