Terms of service
Section I: General Conditions
- Applicability and Scope
The following General Terms and Conditions (hereinafter referred to as "GTC") 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.
Phone: +41 62 891 55 07
Individual agreements concluded with the customer take precedence over these GTC. Conflicting conditions of the customer are not recognized.
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 the date of submission of the binding order to us when purchasing a product.
- Conclusion of a purchase contract
The presentation of the products in the online store does not constitute a legally binding offer, but merely a non-binding online catalog or a non-binding invitation to the customer to order the product in the online store. Care on Skin GmbH expressly reserves the right to change the products themselves as well as the contents, such as images, 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 store. The customer can place the products he/she 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 button ["Pay now"] 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 serves only 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 to either accept the order at its own discretion or to reject it by sending a corresponding notification by e-mail and without assuming liability towards you or third parties. Any payment already made will be refunded to you upon cancellation of the order. Reasons for rejecting 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 activity, 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 shipment of the ordered goods or the provision of the digital product for download. If it is a fee-based digital consultation, a binding appointment will be arranged with you.
Any commercial distribution or resale of our products is strictly prohibited.
- 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 constitute 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 store. 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 accordingly by e-mail.
- Prices and shipping costs
Our products and prices are the same as 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 payable 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: When shipping to countries outside of Switzerland (e.g. Liechtenstein), additional customs fees may apply. 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. The products will be charged based on the prices offered at the time of submitting the binding order.
- Terms of payment/credit assessment
Orders are generally due for payment immediately.
The customer has the option to pay using the means of payment displayed on the website or during the order process. These may 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 to other payment methods used by us (for example, to hedge our credit risk only those according to the respective credit rating). Care on Skin GmbH is expressly authorized by the customer to carry out credit checks at its own discretion and, if necessary, to pass on data of the customer to third parties for this purpose.
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 authorizes Care on Skin GmbH to collect payments in the corresponding 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 is not 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 verify the validity of the card, check the availability parameters for collection and address information, and request authorization from the card issuer or payment provider. Furthermore, you 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. The payment must be made using the payment slip within the payment period indicated 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 50.00 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.
- Delivery conditions for goods
In principle, delivery is made via the delivery service of the Swiss Post AG. For deliveries to Switzerland, the shipping costs will be paid by Care on Skin GmbH. For deliveries to the EU, the following delivery services will be 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 by the buyer in advance.
The goods that you order in our online store until 14h and that are in stock, we try to deliver within 1 working day after receiving the full payment, depending on the destination, with the following exceptions: Weekends, holidays and company vacations. You can use the shipment 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 delays in delivery, regardless of their cause. We will inform you immediately about any delivery delays 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.
If the delivery of the goods fails due to the customer's fault despite 2 attempts of delivery, 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.
- Retention of title
Care on Skin GmbH remains owner of the delivered goods until they have been paid in full. For digital products, the rights of use according to section II apply.
- Right of revocation and return of goods
For all purchases of our goods via our online store (with the exception of certain products; cf. the revocation restrictions below), you as a consumer are entitled to a right of revocation within 30 days after receipt of the goods, stating the reasons. You may withdraw from the contract within 30 days after receipt of the goods or a third party named by you, who is not the carrier, by returning the goods to us Care on Skin GmbH, Rain 41, +41 62 891 55 07 and firstname.lastname@example.org 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 other transport company for return or shipment on the last day. You can send us an email to the following mail address: email@example.com or notify us by mail.
Prerequisite for exercising the right of withdrawal is that you return the goods to us with at least 50% of the content 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, Switzerland.
Consequences of the revocation
If you revoke the contract, and if the goods are properly returned, we will refund the total price paid by you immediately 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 that was used for the payment, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this refund. Please make sure that you have access to the specified account, as Care on Skin GmbH assumes 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 withdrawal 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 that are not suitable for return for health or hygiene reasons and whose packaging has been opened after delivery, with the exception of incompatibilities.
- 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 defects 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 by 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 significant 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, firstname.lastname@example.org, +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 get confirmation of your return and keep this confirmation, as in case of package loss your warranty claim cannot be processed: for digital products as applicable.
- 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 information, any payment information, 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 multiple 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.
- 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 site. We will make every effort to investigate your inquiries and complaints as quickly as possible, and will contact you upon receipt of the documents or your submission or complaint. If you have any complaints or inquiries, please help us by telling us the exact problem or error signs and, if necessary, provide a copy of the order documents or at least provide the order number, customer number, etc. We will endeavor 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 it 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 a contract, tort or any other cause. Indirect damages include, for example, 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 the services of Care on Skin GmbH. Furthermore, Care on Skin GmbH does not assume any contractual or non-contractual liability for damages 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, 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, the total liability under these GTC, regardless of the reason, and to the extent permitted by law, is limited to the price of the goods that the customer ordered from us.
Event beyond our control
Upon the occurrence of an event beyond our control (so-called force majeure), we shall not be liable or responsible for the non-performance or delayed performance of any obligations under these GTC 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 lines or other means of public or private transportation.
If an event beyond our control occurs that affects the performance of our obligations under the Agreement, we will notify you at the earliest possible time.
- Data protection
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. Duplication, processing, distribution, or any other form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective owner. Care on Skin GmBH and the respective rights holder expressly reserve all rights in this respect.
- Severability clause
If any provision of these GTC 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 loopholes in these GTC.
- Dispute resolution online
The European Commission has set up an online platform for alternative dispute resolution for consumers residing in the EU, which provides an out-of-court procedure for resolving all disputes in connection with 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/.
- 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 apply only 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
- Digital products
In our online store for digital content, the following digital products are offered, e.g. online treatments, online consultations and other services. Digital products can be purchased for a fee or free of charge, depending on the description in the online store.
- Subscription, contract period, termination
In order to download certain digital products, the customer must take out a subscription. Subscriptions are concluded for a specific duration and are not transferable. Normally, this duration is 12 months. Each subscription entitles a person, unless otherwise agreed, to unlimited use of certain digital products during the term of the contract in accordance with these GTCs. Prior to the expiration 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. Simultaneously with 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.
- 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 store, 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.
- Copyright for downloaded digital products
The digital products are protected by copyright. Unless otherwise stated in the DeepL description in the online store 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 link to a download or the download itself in any way with regard to content or editorial content 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 on other networks 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 if there is an important reason for doing so. This is particularly the case in the event of disputes regarding 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 buyer is possible in case 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 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 provided link. 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.
- Right of revocation and return
For all purchases of our digital products via our online store, you as a consumer have the following rights of withdrawal and return with a statement of reasons, a right of withdrawal within 14 days from the conclusion of the contract for the digital product. 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. To comply with the 14-day withdrawal period, it is sufficient if you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period provable.
Consequences of the revocation
If you revoke the contract, we will refund 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 received notification of your revocation of this contract. The repayment will be based on the original payment method used and will always be made to the associated account that was used for the payment, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. Please ensure that you have access to the specified account, as Muster AG accepts no liability in this regard.
[Early expiration/waiver of the right of withdrawal]
The right of withdrawal expires prematurely if we have started the execution of the contract after you have expressly agreed that we start the execution of the contract before the expiry of the withdrawal period and you have confirmed your knowledge that by your consent you lose your right of withdrawal with the start of the execution of the contract.
- Liability for the online connection
Care on Skin GmbH undertakes to ensure security in accordance with the current technical status in systems, programs, etc., which belong to it and over which it has influence, as well as to comply with the rules of data protection.
Customers are responsible for the security of systems, programs and data that are within 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 Item 12 shall apply.
 Consumers in the sense of EU Directive 2011/83 on consumer rights are natural persons acting outside their trade, business, craft or profession.
 Liability may also be regulated in another form, within the scope permitted by law, in particular in compliance with the waiver of liability due to a defect in the purchased item pursuant 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 pursuant to Art. 8 UWG.
 The duty to inform only applies to Swiss online traders who also have an establishment in the EU. However, it does not apply to a Swiss online trader who merely directs his products to EU consumers as well.
 In principle, the EU right of withdrawal also covers digital products. If the merchant wishes 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 (i.e., in practice, with the data transmission) before the expiration of the withdrawal period and b. that 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 merchant must inform the consumer about the exclusion of the right of withdrawal after the contract has been concluded. 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 merchant will start executing the contract before the withdrawal period has expired and b. the customer has deliberately waived his right of withdrawal. In this way, the merchant is able to prove the confirmation and the consumer's consent and that the expiration of the right of withdrawal has been validly made.
 Consumers, as defined by the EU Consumer Rights Directive 2011/83, are natural persons acting outside their trade, business, craft or profession.
 This section may be deleted if a right of withdrawal is also granted for digital products.