Terms and Conditions
1 SCOPE OF APPLICATION
The General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions (services (treatments / training) and products) concluded with UNEW Beauty Couture AG (hereinafter referred to as "UBCAG") or through its sales channels operated by UBCAG (cosmetic institute, online shops) and/or based on the information and price details contained therein.
These are the following brands / distribution channels.
- LuXme Beauty Club - Cosmetic Institute
- LuXme Beauty Club - B2C Retail Online Shop
- Noveau Lashes - B2B Online Shop
- Bio Sculpture - B2B Online Shop
- LuxusPlasma Liner - B2B Online Shop
UBCAG reserves the right to change the terms and conditions at any time. The terms and conditions cannot be changed unilaterally by the customer, and differing conditions of the customers are not recognized.
The version that is valid at the time of booking a service or ordering products in an online shop operated by UBCAG is decisive for the terms and conditions.
The offers are valid as long as the products, treatments, and services are available in the online shop and/or the product stock is sufficient.
The offers of products in the online shop are exclusively directed at customers with a residence or business address in Switzerland and Liechtenstein. Deliveries are made exclusively to an address in Switzerland or Liechtenstein.
Orders for which a manufacturer requires treatment or product-specific certifications and these cannot be presented, or where the quantities may suggest resale to non-end consumers, can be rejected without justification.
For all product orders with special requirements mandated by law, such as product approval testing, age restrictions, etc., the customer confirms compliance with these legal provisions with the order.
2 INFORMATION
2.1 Product and Price
The images of products in advertising, brochures, flyers, etc. are for illustration purposes, including all information regarding the products, treatments, and services in the online shops; these are non-binding as they are compiled and presented as customer-friendly as possible.
The manufacturer's specifications (e.g., manufacturer's warranty) are decisive if a warranty is offered and is valid in Switzerland.
Selling prices All selling prices published in the online shop luxme-beautyclub.ch and luxme.ch are final prices that include value-added tax (VAT) and any applicable advance recycling fees (vRG).
Costs for packaging as well as delivery costs and any other applicable charges or fees are described in the payment terms, delivery terms, and delivery costs and may vary depending on the product, payment method, and delivery method.
In addition to the final price, a small order surcharge of up to € 10.00 may be charged if the total of the shopping cart is less than € 100.00.
UBCAG reserves the right to change the prices of the products, treatments, and services offered at any time. The prices published in the online shop at the time of the order are decisive for the conclusion of the purchase contract.
Ordered paid additional services such as express delivery, transport insurance, etc. are listed separately in the shopping cart and on the invoice.
2.2 Availability and Delivery Time
UBCAG places great importance on providing availability and delivery times in the online shop accurately and as up-to-date as possible. However, due to production and/or delivery bottlenecks, there may be delivery delays both at UBCAG itself and with suppliers and manufacturers. All information regarding availability and delivery time is without guarantee and can change at any time.
3 CONTRACT CONCLUSION
Products, treatments, training sessions, and services and their prices on the website or in the online shop are considered an offer. However, this offer is always subject to the condition of impossibility of service, impossibility of delivery, or incorrect pricing.
The purchase contract is concluded for the offered products with UBCAG as soon as the customer places an order in the online shop, at the LuXme Beauty Club in Cham, by phone, or by email.
An order is concluded for the offered treatments, training sessions, and other services with UBCAG, which involve appointment reservations.
The arrival of an online order for products will be sent to the customer via an automatically generated order confirmation from UBCAG to the email address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a promise that the product can actually be delivered. It merely indicates to the customer that the order has been received via the online shop at UBCAG and thus the contract with UBCAG has come into effect under the condition of delivery possibility and correct pricing.
For training sessions, the contract is considered concluded when the training date has been confirmed. For treatments, the contract is considered concluded when an appointment has been made. Note: An appointment in the sense of Swiss obligations law (OR) Art. 394ff is an order and thus constitutes a valid contract.
4 DELIVERY DATE
In general, orders are processed within 48 hours of receipt. If it is not possible to deliver the entire order, a partial delivery will be made. The customer incurs no additional costs for the follow-up delivery.
If UBCAG is in default of delivery, the customer (except for special orders) has the right to withdraw from the contract after the 30th calendar day from the originally announced delivery date. In this case, UBCAG will refund the amounts already paid in advance to the customer. No further claims against UBCAG exist.
5 DELIVERY / PICKUP
For UBCAG products, all delivery and pickup options are available to the customer, which are noted in the corresponding online shop operated by UBCAG under "Delivery and Pickup".
The pickup of ordered products at the UBCAG business location can only take place by prior telephone arrangement.
The delivery address must be in Switzerland or Liechtenstein. If this is not the case, the order will be canceled and no contract will be concluded.
If the customer chooses a different delivery address from the billing address, the customer is responsible for ensuring that access to the delivery location is possible and guaranteed.
If the product cannot be transported to the delivery location, the customer bears any additional costs.
If the customer does not accept the ordered products at the agreed or indicated delivery date and location, UBCAG may terminate (cancel) the contract and charge the customer for the incurred delivery costs and a handling compensation of 30% of the order value, at least
but charge € 100.– as well as any potential depreciation of the ordered products.
6 DUTY TO INSPECT
The customer must immediately check the delivered or picked up products for accuracy, completeness, and delivery damages.
For freight deliveries, any delivery damage must be noted on the delivery note.
Delivery damages, incorrect and incomplete deliveries must be reported for all UBCAG products within 5 calendar days from the time of pickup or delivery.
The customer is aware that such a notification must be made via email, stating the order number and with the subject "Return and Warranty". Damaged or defective products must not be used by the customer. They must be kept in their original packaging as received and follow the instructions of the conducted return and exchange process.
7 WARRANTY
7.1 Basic Provisions
There is no warranty for cosmetic products.
For non-cosmetic products, the following applies.
UBCAG assumes warranty for defects and functionality of the ordered products only after delivery or pickup, provided that these can be performed within the timeframe indicated by the supplier. UBCAG may choose to provide the warranty through
- a) free repair
- b) partial and complete replacement with an equivalent product
- c) Credit at the daily price, maximum the sale price at the time of the order
- d) Reduction
provide. A replacement of a used product is excluded in any case.
Consumables such as batteries, accumulators, power cables, adapters, and light sources completely exclude the warranty from both UBCAG and the suppliers. Furthermore, the disclaimers of liability according to clause 8 apply.
If the manufacturer's warranty exceeds the warranty of UBCAG, UBCAG also grants this to the customer.
Both UBCAG and the suppliers may, at their discretion, provide the customer with a replacement device / exchange device during the examination of the warranty claim (exchange subject to reservation). This is done under the (suspensive) condition that a warranty case actually exists. Thus, the customer only acquires ownership of the replacement product at the time of the warranty commitment by UBCAG or the supplier. In the event of a rejection of a warranty case by UBCAG or the supplier, the customer may purchase the replacement device at the merchandise value at the time of handover, or they are obliged to return the replacement device at their own expense.
7.2 Additional provisions for demonstration products
For products marked as 'demonstration product' in the online shop, different provisions apply. They may have slight optical defects or be refurbished products, which is why they are sold at a reduced price. These optical defects are excluded from the warranty and are disclosed in the item details.
Furthermore, there is no warranty period for these products and they cannot be returned. The buyer is aware that they are purchasing a used product and in this context, UBCAG or the supplier disclaims any liability.
8 LIABILITY AND DISCLAIMER
Liability is governed by the applicable legal provisions. However, UBCAG or the supplier shall not be liable in any case for
- (i) slight negligence
- (ii) indirect and consequential damages and lost profits
- (iii) unrealized savings
- (iv) damages from delivery delays
- (v) any actions and omissions of the assistants of UBC or a supplier, whether contractual or non-contractual.
UBCAG or the suppliers of UBCAG are otherwise not liable for damages resulting from any of the following causes:
Improper, contract-violating or unlawful storage, adjustment or use of the products;
Use of incompatible replacement or accessory parts (e.g. power supply); failure to maintain and/or improper modification or repair of the products by the customer or a third party; force majeure, particularly elemental, moisture, fall, and impact damage, etc., which are not attributable to UBCAG, and official orders.
Furthermore, the separately listed conditions in the disclaimer are an integral part of the terms and conditions.
9 PAYMENT
9.1 Payment Variants
All payment claims for products, treatments, and services purchased through UBCAG's distribution channels are asserted directly by UBCAG against the customer.
Payments must be made in CHF.
Cash payment is possible for products from UBCAG in the case of pickup as well as for treatments and services in the cosmetics institute operated by UBCAG.
The customer has access to the payment options offered in the online shop under 'Payment Options'.
The customer acknowledges that additional fees may apply when paying in the online shop with a credit card or with PayPal.
In the cosmetics institute operated by UBCAG, the customer can pay in cash, by EC, as well as with TWINT, AMEX, VISA, and EUROCARD.
When paying with a credit card or other instant payment methods, the charge occurs immediately upon payment.
In the case of advance payment, delivery will only take place after receipt of payment. The products in UBCAG's central warehouse will be reserved until the expiration of the payment period of a maximum of 10 calendar days. For products that must be ordered from a supplier of UBCAG (special order), the external order will only be placed after receipt of payment.
The current fees are visible under 'Payment Options' and are detailed in the ordering process.
When purchasing on account, the customer is obliged to pay the invoice amount within 10 calendar days after receipt of the delivery without any (discount) deduction. In the case of a partial return of the delivered products, the invoice amount can be reduced accordingly after written agreement with UBCAG.
9.2 Payment Default
If the customer fails to meet their payment obligations in whole or in part, all outstanding amounts owed to UBCAG under any title will become due immediately (in the case of advance payment within 8 calendar days from the 1st reminder), and UBCAG can demand these immediately and suspend further deliveries of products to the customer.
UBCAG charges a handling fee of € 10.– for the 2nd reminder and a handling fee of € 20.– for the 3rd reminder. In the case of unsuccessful reminders, the invoice amounts may be assigned to a company commissioned with debt collection. In this case, an effective annual interest rate of up to 15% on the owed invoice amount may additionally be charged from the due date. The company commissioned with debt collection will assert the outstanding amounts in its own name and at its own expense and may charge additional processing fees.
9.3 Retention of title
Ordered products remain the property of UBCAG until full payment is made to UBCAG. UBCAG is entitled to make a corresponding entry in the property retention register. Before the transfer of ownership, a pledge, security transfer, processing, or redesign without the express consent of UBCAG is not permitted.
10 CHANGE OR CANCELLATION
Orders obligate the customer to accept the products and services. Subsequent changes or cancellations of orders by the customer may be accepted by UBCAG at its discretion and a handling fee of 30% of the canceled order value, at least
but CHF 100.–, as well as any depreciation of the canceled products since their order. If a (partial) impossibility of delivery (resolutory condition) occurs after an order or the conclusion of the contract according to clause 3, the customer will be informed immediately by email. If the customer has already paid for the products and services, this amount will be refunded in full or in part. If no payment has been made yet, the customer will be completely or partially released from the payment obligation. Further claims due to delivery delays or failure of delivery are excluded.
Appointment reservations obligate the customer to attend these appointments. An agreed appointment can be rescheduled or canceled up to 24 hours before the event. Changes or cancellations of appointment reservations by the customer under 24 hours may be accepted by UBCAG at its discretion and a handling fee of 50% of the canceled treatment value, but at least CHF 100.–, as well as any costs for special preparations / preparatory work of the canceled treatment may be charged.
Training dates obligate the customer to participate. Subsequent changes or cancellations by the customer may be accepted by UBCAG at its discretion and a handling fee of up to 50% of the canceled training amount may be charged, but at least CHF 100.–
Training conducted by UBCAG
those canceled up to 30 calendar days before the event will be refunded 100%.
those canceled up to 15 calendar days before the event will be refunded 50%.
those canceled less than 15 calendar days before the event will not be refunded.
Training conducted by authorized training centers is subject to the respective terms and conditions of the partner companies.
UBCAG disclaims any liability for this.
11 RETURN OF FAULT-FREE GOODS
Under the conditions listed in the return policy, UBCAG grants the right to return the ordered products within a maximum of 7 calendar days from their receipt.
Customers must register the return of the products via email with the subject "Return and Warranty" at UBCAG and follow the instructions of the conducted return process accordingly. The products must be properly packed with all accessories in the original packaging. Damaged products and products with damaged packaging will not be accepted for return or will be fully charged to the customer.
If the customer exercises their right of return according to the above-mentioned return conditions, UBC will only refund the purchase price of the products. Expenses, fees, and any paid small quantity surcharges will not be refunded.
12 REPAIR OUTSIDE OF WARRANTY
The costs for a repair outside the warranty according to clause 7 are to be borne by the customer. For devices that show no detectable faults or where the defect does not fall under the warranty according to clause 7, the costs for examining the claimed defect as well as the shipping costs will be charged to the customer.
13 OTHER PROVISIONS
13.1 Unassignable Returns
Returns that cannot be assigned to any customer or cannot be returned to the customer will be kept by UBCAG for six months and then disposed of.
13.2 Uncollected or Deliverable Warranty Goods
If goods related to the warranty provision according to clause 7 are not picked up by UBC within three months of sending the pickup request to the customer, UBCAG is entitled to dispose of the goods, in particular to dispose of them.
13.3 Data Protection
The privacy policy under Privacy Policy is an integral part of these GTCs. By accepting these GTCs, the customer also agrees to the privacy policy.
13.4 Partial Invalidity
Should individual provisions of the GTCs be invalid or ineffective, this shall not affect the validity of the remaining provisions of these GTCs.
13.5 Jurisdiction and Applicable Law
All legal relationships between UBCAG and the customer are subject to substantive Swiss law. The Vienna Sales Law is not applicable. The exclusive jurisdiction is Zug / Switzerland.
13.6 Copyright Notice
All rights, in particular copyright, to these GTCs are held by UBCAG.
Any reproduction, distribution, or other use is prohibited and only permitted with the express written consent of UBCAG. In the event of a violation, UBC reserves all legal actions.
UNEW Beauty Couture AG
Cham, December 2021