Section I: General Conditions
1 Applicability and Scope
The following General Terms and Conditions (hereinafter referred to as "Terms") apply to all business relationships between Care on Skin GmbH (hereinafter referred to as "Care on Skin GmbH", "us" or "we") and the customer (hereinafter referred to as "Customer", "Buyer" or "you") for physical products (hereinafter referred to as "Physical Products" or "Goods") and/or digital products (hereinafter referred to as "Digital Products"), both together (hereinafter referred to as "Products"), purchased through our website[www.dermalogica.ch] (hereinafter referred to as "Online Shop" or " Website").
The Website and the Online Shop are operated by:
Care on Skin Ltd.
Telephone: +41 62 891 55 07
Individual agreements concluded with the customer take precedence over these GTC. Conflicting conditions of the customer will not be accepted.
Care on Skin GmbH reserves the right to change these GTC at any time. All changes become effective with the publication of the new GTC on the website. The relevant point in time for the applicability of the valid GTC is, in the case of the purchase of a product, the date of the submission of the binding order to us.
2. conclusion of a sales contract
The presentation of the products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalogue or a non-binding invitation to the customer to order the product in the online shop. Care on Skin GmbH expressly reserves the right to change the products themselves as well as the contents, e.g. pictures, assortment, prices and the descriptions of our products, at any time and without prior notice. Images, pictures, pod-casts, brochures, advertisements and other information related to our products are for informational purposes only and are not binding on Care on Skin GmbH.
The customer can place a binding order for the products he/she has selected via our online shop. The customer can place the products he selects in the "shopping cart". This is not yet considered a binding order. An order is only considered binding when the customer clicks on the ["Pay Now"] button on the order page at the end of the ordering process. Before sending the order, the customer can change and view the information at any time, recognize any input errors and correct them if necessary before the binding final submission of the order.
An order confirmation will be sent to the customer immediately and automatically by e-mail. This confirmation e-mail contains the data of your order and our terms and conditions accepted by you during the ordering process. The confirmation e-mail only serves as information that we have received your order. The automatic order confirmation does not constitute a purchase contract. By sending the order, you confirm that you have read the GTC and agree to them without reservation. We recommend that you print out the GTC for the purpose of online ordering and your documentation or save them on your computer.
After you have placed a binding order, Care on Skin GmbH is free, at its discretion, to either accept the order or reject it by sending you an appropriate notification by e-mail and without assuming any liability to you or any third party. Any payment already made will be refunded to you if the order is cancelled. Reasons for refusing an order may be, for example, if a product is no longer available, if we cannot obtain authorization for the customer's payment, or if there is reason to believe that the customer is acting in violation of these GTC, individual contracts, fraudulent or other criminal activities, or for any other important reason.
Upon acceptance of the order, a binding purchase contract is created with the customer. This acceptance takes place through the dispatch of the ordered goods or the provision of the digital product for download. If it concerns a digital consultation liable to pay the costs, a binding date is agreed upon with you.
Any commercial distribution or resale of our products is strictly prohibited.
3. availability and performance reservation for non-deliverable products
All information about the availability of our products and the shipment and delivery of our goods is preliminary information and approximate. They do not represent binding or guaranteed shipping or delivery dates. Any liability for unavailability of goods or for delays in shipment or delivery of goods is expressly excluded.
Our goods are available as long as our stocks last. If Care on Skin GmbH discovers during the processing of your order that the goods you ordered are not available, we will inform you immediately. In this case, a contract for the goods that are not available will not be concluded, as the ordered goods cannot be delivered.
Our digital products are generally available as long as they are offered in the online shop. If Care on Skin GmbH discovers during the processing of your order that the digital products you ordered are not available, for whatever reason, we will inform you immediately. In this case, no contract for the unavailable products will be concluded.
Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In this case we will inform the customer by e-mail accordingly.
4. prices and shipping costs
Our products and prices correspond to those indicated on the website. All prices are quoted in CHF (Swiss Francs) and include the statutory value added tax (VAT). The total price of your order, including all possible additional and shipping costs and the VAT to be paid for the respective country, will be displayed at the end of the order process. Depending on the delivery method, this may need to be adjusted: Additional customs duties may apply when shipping to countries outside of Switzerland (e.g. Liechtenstein). These are not included in the price and must be paid by the customer.
With the binding order you declare that you agree with the total price for the ordered products. After the binding order, the price can no longer be adjusted.
Care on Skin GmbH reserves the right to change the prices at any time. Products will be charged based on the prices offered at the time the binding order is placed.
5. terms of payment/credit assessment
Orders are generally due for payment immediately.
The customer has the option to pay using the payment methods displayed on the website or during the order process. These can change from time to time as well as country-specific. In addition, we reserve the right not to offer certain payment methods in specific individual cases and to refer the customer to other payment methods used by us (for example, to protect our credit risk, only those methods that correspond to the respective credit rating). Care on Skin GmbH is expressly authorised by the customer to carry out creditworthiness checks at its own discretion and to pass on customer data to third parties for this purpose if necessary.
By choosing the means of payment, the customer authorizes the payment either by entering credit card data or access data of a payment service provider. The customer authorises Care on Skin GmbH to collect payments in the appropriate way. In the event of chargebacks, Care on Skin GmbH is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, Care on Skin GmbH shall not be liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.
If you pay by credit card or alternative payment method, we reserve the right to check the validity of the card, to check the availability parameters for collection and address details and to request authorisation from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. If payment is declined, Care on Skin GmbH reserves the right to cancel the order and stop shipping the products. In this case we will contact you immediately.
In case of payment by invoice, the customer will receive the invoice with payment slip with the delivery of the goods or by e-mail. Payment must be made using the payment slip within the payment period stated on the invoice. If payment is not made on time, Care on Skin GmbH is entitled to charge its expenses for each reminder of at least CHF 50 and further costs associated with the collection as well as the statutory interest on arrears. Should it become necessary to initiate debt collection proceedings, we will charge an additional processing fee of at least CHF 200.
6. delivery conditions for goods
In principle, the delivery is carried out by the delivery service of the Swiss Post AG. For deliveries to Switzerland, the shipping costs are covered by Care on Skin GmbH. For deliveries to the EU, the following delivery services are used: Swiss Post AG or couriers such as DHL, TNT. The desired delivery service cannot always be defined during the ordering process. The costs incurred must be paid in advance by the buyer.
The goods that you order in our online shop until 14h and that are in stock, we try to deliver within 1 working day after receipt of full payment, depending on the destination, with the following exceptions: Weekends, public holidays and company holidays. You can use the tracking number to track the current location of your order.
If the goods are marked as out of stock when you place your order, Care on Skin GmbH will make every effort to deliver the goods as soon as possible. Care on Skin GmbH will make every effort to meet the stated delivery times. However, Care on Skin GmbH is not responsible for any delays in delivery, regardless of their cause. We will inform you immediately of any delays in delivery that occur.
If the delay in performance lasts more than 3 weeks after the original delivery date, the customer is entitled to cancel his order. Further claims, especially claims for damages, are excluded.
Should the delivery of the goods fail due to the fault of the customer despite 2 delivery attempts, Care on Skin GmbH can withdraw from the contract. Any payments made will be refunded immediately. Care on Skin GmbH reserves the right to charge for the 2 times delivery.
7. reservation of proprietary rights
Care on Skin GmbH remains the owner of the delivered goods until they have been paid for in full. For digital products, the rights of use according to section II apply.
8. right of revocation and return of goods
RequirementsFor all purchases of our goods via our online shop (with the exception of certain products; cf. the withdrawal restrictions below), you as a consumerr¹ are entitled to withdraw from the contract within 30 days of receipt of the goods, giving reasons. You may withdraw from the contract within 30 days of receipt of the goods or a third party named by you, who is not the carrier, by returning the goods to us at Care on Skin GmbH, Rain 41, +41 62 891 55 07 and email@example.com and informing us in writing (e.g. a letter or e-mail sent by post) of your decision to withdraw from the contract. The 30-day return period begins on the day after receipt of the goods and is met if the goods or the revocation notice is handed over to the post office or another transport company for return or dispatch on the last day.
¹ Consumers in the sense of the EU Directive 2011/83 on consumer rights are natural persons acting outside their trade, business, craft or profession.
You can send us an email to the following email address: firstname.lastname@example.org or notify us by post.
The condition for exercising the right of withdrawal is that you return the goods to us with at least 50% of the contents and intact (no broken tube, bottle or container), if possible in the original packaging. The product(s) must be returned to the following address:
Care on Skin GmbH, Rain 41, 5000 Aarau.
Consequences of the revocation
If you revoke the contract, and if you return the goods in the proper manner, we will refund the total price paid by you without delay and no later than 14 days from the day on which we received the goods. The refund will be based on the original payment method used and will always be made to the associated account used for payment, unless otherwise expressly agreed with you; in no case will you be charged any fees because of this refund. Please ensure that you have access to the account specified, as Care on Skin GmbH accepts no liability in this regard.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling the goods in a way that is not necessary for testing the condition, properties and functioning of the goods.
The right of revocation is excluded for the following contracts:
- Delivery of products that have been individualized according to your own specifications or that are clearly tailored to your needs (so-called customer-specific, individualized products);
- if the delivery concerns products which are not suitable for return for health or hygiene reasons and whose packaging has been opened after delivery, with the exception of incompatibilities.
9 Notice of Defects/Warranty
Care on Skin GmbH warrants that the goods comply with the warranted characteristics and do not have any defects that impair their value or their suitability for the intended use.
After receipt of the products, the customer must immediately check them for correctness, completeness and possible damage. Defects or damages are to be reported to Care on Skin GmbH within 3 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 defect or report it immediately, the product is considered approved and you are no longer entitled to make claims against us.
The statutory warranty provisions against manufacturing defects/material or production faults shall apply. The warranty period is 2 years of the product from receipt of the product or the expiration period. Excluded from the warranty are products that have been damaged through the buyer's own fault.
The customer's warranty claims are limited to replacement delivery or elimination of defects/rectification to the exclusion of all other claims, in particular reduction or compensation for indirect and consequential damages. Care on Skin GmbH decides on replacement delivery or rectification of defects at its own discretion. If subsequent delivery or rectification fails, the customer is entitled to withdraw from the contract in case of considerable defects.
For complaint notification or service questions, please contact us at the following address with the order number, customer number, a description of the error and other helpful information:
Care on Skin GmbH, Rain 41, 5000 Aarau, email@example.com, +41 062 891 55 07.
[The defective product must be returned to the above address of Muster AG with a copy of the invoice and a detailed description of the defect. The return of a product is at the expense of Care on Skin GmbH. Please have your return confirmed and keep this confirmation, as your warranty claim cannot be processed in the event of a lost package: for digital products where applicable.
10. registration for an account
Registering for an account allows you to view information about your completed, open and recently shipped orders and to manage and store your address details, any payment details and any newsletter. Because your information is stored, you do not have to re-enter it when you make another purchase.
Registration is free of charge, [unless it is a registration for a paid subscription (see section II). Each customer is only entitled to maintain one customer account. We reserve the right to delete several applications and to admonish, block or delete or change the content of registered customers who violate these GTC or individual agreements.
Care on Skin GmbH is not obliged to accept the registration or the order of a registered customer.
11 Complaints and grievances
We attach great importance to customer satisfaction. You can contact us at any time using the contact information provided at the beginning of this document. We will endeavour to investigate your enquiries and complaints as quickly as possible and will contact you as soon as we receive them or your submission or complaint. If you have any complaints or inquiries, please help us by informing us of the exact problem or error signs and, if applicable, provide a copy of the order documents or at least provide the order number, customer number, etc. We will endeavour to reply to you within 5 working days.
Care on Skin GmbH is liable in case of breach of its own obligations arising from these GTC and the contractual relationships based on them for damages caused and proven by Care on Skin GmbH through unlawful intent or gross negligence. For slight and medium negligence as well as for indirect and consequential damages, liability is expressly excluded, whether based on contract, tort or any other cause. Indirect damages include, but are not limited to, loss of profits, pecuniary loss, damage to reputation, damage caused by computer viruses or loss of data due to temporary impairment or interruption of the availability of the services of Care on Skin GmbH. Furthermore, Care on Skin GmbH assumes no contractual or non-contractual liability for damages caused by auxiliary persons used to provide the service.
The above exclusions and limitations of liability shall not apply in the event of culpable injury to life, limb or health directly caused by Care on Skin GmbH or in the event of mandatory statutory provisions, including the provisions of the Product Liability Act.
Subject to the foregoing, total liability under these Terms and Conditions, regardless of the cause, and to the extent permitted by law, shall be limited to the price of the goods ordered by the customer from us.
Event beyond our control
Upon the occurrence of any event beyond our reasonable control (so-called force majeure), we shall have no liability or responsibility for the non-performance or delay in performance of any obligation under these Conditions and the contractual relationship based thereon. An event beyond our control exists, for example, in the following cases:
In the event of strikes, lockouts 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 or other means of public or private transportation.
If an event beyond our control occurs which affects the performance of our obligations under the Contract, we will notify you at the earliest opportunity.
13. data protection
² The liability can also be regulated in another form, within the legally permissible framework, in particular in compliance with the waiver of liability due to a defect of the purchased item according to Art. 199 CO (according to which the waiver of liability is invalid if the seller has fraudulently concealed the warranty defects from the buyer) and the use of abusive terms and conditions according to Art. 8 UWG.
The information and content published on the website are protected by copyright and are the property of Care on Skin GmbH or the respective rights holder. Reproduction, processing, distribution or any other form of exploitation is not permitted and requires the prior written consent of the respective copyright holder. Care on Skin GmBH and the respective rights holder expressly reserve all rights in this respect.
15 Severability clause
If any provision of these terms and conditions is or becomes illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision which takes into account as far as possible the economic purpose of the provision and the intention of the parties at the time of conclusion of the contract. The same applies to any gaps in these terms and conditions.
16. dispute resolution online³
The European Commission has set up an online alternative dispute resolution platform for EU-based consumers, which provides an out-of-court procedure for resolving all disputes related to and arising from online sales contracts. You can use this platform to resolve disputes arising from the online contract concluded with us. The platform is available at the following link http://ec.europa.eu/consumers/odr/.
17 Applicable law and place of jurisdiction
These GTC, the contractual relationships based on them and any disputes shall be governed exclusively by Swiss substantive law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for natural persons and legal entities is the registered office of Care on Skin GmbH.
These provisions shall only apply to the extent that there are no mandatory provisions of the law of the state in which the consumer has his habitual residence which take precedence over these GTC.
Section II: Supplementary Terms and Conditions for Digital Products
Section 1: Digital products
In our online shop for digital content, the following digital products are offered, e.g. online treatments, online consultations and other services. Digital products can be purchased against payment or free of charge, depending on the description in the online shop.
The obligation to provide information only applies to Swiss online traders who also have an establishment in the EU. It does not apply to a Swiss online trader who merely sells his products to EU consumers.
2 Subscription, duration of contract, termination
In order to download certain digital products, the customer must take out a subscription. Subscriptions are concluded for a fixed period and are non-transferable. Normally, this duration is 12 months. Unless otherwise agreed, each subscription entitles one person to unlimited use of certain digital products during the term of the contract in accordance with these GTCs. Prior to the expiry of the subscription, the customer will receive an invoice for the renewal of the contract for the same period. Cancellation must be communicated to Care on Skin GmbH in writing within 30 days of this date. At the same time as the cancellation, the access authorization expires.
When registering on our website, the customer undertakes to treat the access data provided to the system as well as the passwords set up for this purpose with the utmost confidentiality and care. Care on Skin GmbH reserves the right to terminate the user authorization immediately if multiple use of access data of a single authorized user is discovered. In all other respects, the provisions on registration in Section I Item 10 apply.
3 Granting of Rights of Use
The customer may acquire the rights of use to the digital products against payment or free of charge, depending on the description in the online shop, and play or replay them on end devices of his choice. Any connection costs incurred are to be paid separately by the customer to his service provider. The granting of the rights of use shall only become effective when the customer has paid the contractually owed remuneration in full.
4 Copyright for downloaded digital products
The digital products are protected by copyright. Unless otherwise stated in the description in the online shop of Care on Skin GmbH, Care on Skin GmbH grants the customer the simple, non-exclusive, non-transferable and non-sublicensable right to use the digital products for exclusively personal use in accordance with copyright law in the manner offered in each case.
The customer is permitted to download downloads once and to save and copy them to various local storage devices exclusively for his own personal use. Any further use that goes beyond the rights granted is not permitted. For example, it is not permitted to change the content or editorial content of the link to a download or the download itself in any way or to use modified versions, to make them available to third parties or to copy them for third parties, to make them publicly accessible or to forward them, to post them on the Internet or other networks, whether for a fee or free of charge, to imitate them, to resell them or to use them for commercial purposes.
Care on Skin is entitled to temporarily or permanently change, interrupt or discontinue the download option at any time. Furthermore, Care on Skin GmbH is authorized to delete individual downloads from the customer's account for good cause. This is particularly the case in the event of disputes about possible infringements of rights. The possibility of deletion is excluded for downloads that are already stored on the customer's own storage location, e.g. his PC or smartphone, after the customer has downloaded them.
To protect against unauthorized use, Care on Skin GmbH can individually mark downloads with digital watermarks so that the identification and prosecution of the original purchaser is possible in the event of misuse, e.g. the use of DRM protection (Adobe Digital Rights Management)].
As soon as the selected digital product is paid for, it will be delivered to the customer by e-mail, by means of a download link to the e-mail address specified in the customer account, or by deposit in the customer's own customer account on the page "My account" -> "Digital products".
The e-mail download link can only be used once. Further downloads are not possible via the link provided. Care on Skin GmbH is free to provide the download link again at the customer's request at its own discretion. A claim for the transmission of further download links to the already purchased product is excluded.
The customer is responsible for having the appropriate software available so that the digital product can be opened properly and in a readable form and, for example, printed out. Any liability of Care on Skin GmbH for the provision of suitable software by the customer is expressly excluded.
6. right of revocation and return⁴
For all purchases of our digital products via our online shop, you as a consumer⁵ are entitled to a right of withdrawal within 14 days from the conclusion of the contract for the digital product, stating the reasons. You can withdraw from the contract within 14 days of the conclusion of the contract by notifying us of the clear declaration in text form (e.g. a letter or e-mail sent by post) of your decision to withdraw from the contract. In order to comply with the 14-day cancellation period, it is sufficient if you demonstrably send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of the revocation
If you revoke the contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us) without delay and no later than 14 days from the day on which we have
⁴ The EU right of withdrawal generally also covers digital products. If the trader wants to exclude the right of withdrawal for digital products, he must obtain the express consent of the consumer before he transmits the digital product or makes it available for download, a. that he may begin with the execution of the contract (in practice, therefore, with the data transmission) before the expiry of the withdrawal period and b. he obtains the confirmation of the customer that he waives his right of withdrawal by his consent with the beginning of the execution of the contract. This can ideally be implemented, for example, by means of an opt-in box with which the customer confirms the aforementioned, as the merchant bears the burden of proof. In addition, the trader must inform the consumer about the exclusion of the right of withdrawal after the conclusion of the contract. This must be confirmed to the customer again after the order has been placed on a durable medium (e-mail, PDF or paper form), i.e. that a. the trader will start executing the contract before the end of the withdrawal period and b. the customer deliberately waives his right of withdrawal. In this way, the trader is able to prove the confirmation and the consumer's consent and that the lapse of the right of withdrawal has been validly effected.
⁵ For the purposes of EU Directive 2011/83 on consumer rights, a consumer is a natural person acting outside his trade, business, craft or profession.
have received the notification of your withdrawal from this contract. The refund will be based on the original payment method used and will always be made to the associated account used for the payment, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this refund. Please ensure that you have access to the account specified, as Muster AG accepts no liability in this regard.
[Premature expiry/waiver of the right of withdrawal]⁶
The right of withdrawal shall expire prematurely if we have commenced performance of the contract after you have expressly consented to our commencing performance of the contract prior to the expiry of the withdrawal period and you have confirmed your knowledge that by consenting you shall lose your right of withdrawal upon commencement of performance of the contract.
7 Liability for the online connection
Care on Skin GmbH undertakes to ensure security in systems, programs, etc., which belong to it and over which it has influence, in accordance with the current technical state of the art and to comply with the rules of data protection.
The customers have to take care of the security of the systems, programs and data which are in their sphere of influence. In their own interest, customers should keep passwords and user names secret from third parties.
Furthermore, Care on Skin GmbH is not liable for force majeure, improper actions and disregard of risks on the part of the customer or third parties, excessive use, unsuitable operating resources of the customer or third parties, extreme environmental influences, interventions by the customer or disturbances by third parties (viruses, worms, etc.) that occur despite the necessary current security precautions. In all other respects, the liability provisions in Section I Clause 12 shall apply.
⁶ This section may be deleted if a right of withdrawal is also granted for digital products.