| Terms and conditions of sale |
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Terms and conditions of sale Preamble Lacrèm Swisscosmetics SA is a corporation governed by Swiss law and whose domicile is Chemin du Château 27, 1860 Aigle (thereafter “Lacrèm”). Lacrèm is registered at the Register of commerce of the Canton de Vaud under number CH-550-1044615-2. Lacrèm operates an electronic commerce website reachable through internet at the address www.lacrèm-ch.com (thereafter the “Website”). The Website’s user is called the “User”. The User who would like to buy on the Website declares having the full legal capacity to do so and acknowledges having been made aware of the conditions displayed on this screen at the time he placed an order and expressly declares hereby having accepted them without restrictions. These terms and conditions govern the contractual relationships between Lacrèm and the User (thereafter the “Parties”), the Parties accepting them without restrictions with exclusive application, including against possible terms and conditions of the User. Article 1. Object The object of these terms and conditions of sales is to determine the rights and the obligations of the Parties related to the online sale of cosmetic products available on the Website (thereafter the “Products”). It is specified that the Products are designed and manufactured for the personal use of the User, to the exclusion of any professional resale activity. One would like to draw his attention of the User in particular to the fact that the amount of each order shall not exceed a total of CHF 5’000.- Article 2. Products - Price 2.1 Products The Products proposed for sale by Lacrèm are the ones appearing on the Website on the day the User consults it, and in the limit of the Products available on inventory. 2.2. Price The price of the Products is shown in Swiss francs. It does include the VAT applicable on the day the order is placed. The price billed to the client is the price indicated on the order confirmation on which the VAT, transportation and possible discounts are mentioned. Lacrèm is entitled to modify its prices at any time; the Products will be charged based on the price list effective at the time the order is registered, subject to availability. In case of a price mistake, Lacrèm is entitled to modify this price by giving the choice to the User either to cancel his order if he does not accept the new price or to confirm it at the modified price. The price does not include the delivery expenses. All invoices must be paid within 30 days from the invoice’s date at the domicile of Lacrèm without deduction. If the User is in default of payment, Lacrèm is entitled to demand default interest in the amount of 8 % above the 3-months CHF-LIBOR. All other payment obligations of the User will be immediately due and without notice. The Good One is also entitled to refuse the further performance of any contractual obligation and claim any incurred damage. Article 3. Entering up and approval of the order While passing order, the User certifies to be at least 18 years of age. 3.1. Entering up of an order If the User wishes to pass an order, he will choose different Products, and will demonstrate that he intends to buy by clicking on the link “add to basket”. At any time, the User will be able to obtain a summary of the products selected by him or to modify his order by clicking on the link “my basket” reachable on each commercial page, to complete his selection of Products or to order them by clicking on the link “details and pay”. To order the Products he has selected, the User shall click on “details and pay”. A summary of his order will then be displayed on the screen. If the displayed list matches the selected Products, the User will validate the summary by clicking on “validate the order”. The User will then need to log in, either if he is already a customer by entering his email address as well as his password, or by filling the form on which he should enter the information necessary to his identification. The User is informed and accepts that the entry of any log-in name shall prove his identity and demonstrates his approval. To benefit from a possible discount (privilege or voucher), the User must be previously registered in the section “My Account”, in order to allow him to activate the offer at the end of the order process. 3.2. Final approval of the order While passing an order, the User expresses a purchase offer of the selected Products. Lacrèm is entitled to accept or to refuse this offer at its entire discretion. As soon as he validates the payment, the User will return on the Website. His order is registered and becomes irrevocable. The User becomes then the Buyer. The order note is saved on the IT records of Lacrèm, themselves stored on a reliable and lasting support and this will be considered as evidence of the contractual relationships existing between the Parties. 3.3 Order confirmation As soon as he has approved his payment, a summary of the order is sent to the Buyer by email, at the email address he indicated at the time of his registration. Article 4. Delivery 4.1. Delivery expenses All shipments made by Lacrèm are dispatched by post in priority parcel or by carrier. Set delivery expenses apply. The amount of the delivery expenses (packaging, transportation and handling) is set according to the total price of the order and according to the following table: Delivery in Switzerland Delivery within area 1 Delivery within area 2 Delivery within area 3 Delivery within area 4 Delivery within area 5 Delivery within area 6 Delivery within area 7 Delivery within area 8 Delivery within area 9 4.1.b. List of countries/areas Area 1: Germany, Belgium, France, Metropolitan France, Luxemburg, Monaco, Netherlands. Area 2: Spain, Great Britain, Italy, San Marino, Andorra. Area 3: Austria, Denmark, Ireland, Portugal. Area 4: Finland, Norway, Sweden. Area 5: Greece, Hungary, Iceland, Poland, Czech Republic, Slovakia, Slovenia, Albania, Estonia, Bosnia, Lithuania, Macedonia, Malta. Area 6: Bulgaria, Croatia, Tunisia, Turkey, Cyrpus, Egypt, Algeria, Morocco. Area 7: Canada, United Stated, Russia, Israel, Mexico, Ukraine. Area 8: Argentina, Australia, Brazil, South Korea, Hong Kong, Macao, India, Japan, New Zealand, PRC, Singapore, Taiwan, Thailand. Area 9: All countries not listed in Areas 1 to 8. 4.2 Delivery time The Products ordered by the Buyer will be dispatched to the address he entered on the order within 7 business days for the available Products. If the Products are not available at the time when the order is processed, the Buyer will be informed by email of the delay for the product’s availability. Lacrèm assumes no liability for delivery time which is longer than the 7 days above-mentioned or for delivery time which is longer than the one confirmed by Lacrèm by email resulting from a fault of the carrier, as well as in case of losses of the ordered Products or of strike of the post services. In case of delivery delay, the Buyer shall as soon as possible notify this delay to the consumer service of Lacrèm, by email sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by phone at 0041 24 466 1400. The profits and risks pass to the Buyer when the delivery item is transferred to the carrier company or to the Buyer himself. If the transfer or shipment is delayed for reasons under the control of the Buyer, then the profits and risks pass to the Buyer on the day when he is notified that the delivery item is ready for shipment. Upon receipt of the ordered Products, the Buyer shall immediately verify the conformity of the Products. Any default of the Products (missing or broken Product, damaged packaging,…) shall be notified by the Buyer on the receipt presented by the carrier at the time of delivery and shall be mandatorily reported on the delivery day or at the latest on the business day following the delivery to the consumer service of Lacrèm, by email sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by phone at 0041 24 466 1400. Without notification in the set deadline, the Buyer will be liable for any damage to the Products. The limitation period for a warranty claim is 12 months, starting from the time of delivery, even if the Buyer discovers the defects at a later date. 4.3. Damages upon delivery or delivery mistakes Any transportation damage (i.e. a damaged product) shall be immediately notified to the carrier when the latter proceeds to the delivery. Any Product delivered by mistake or in excess shall be returned to Lacrèm at the latest within 7 days. 4.4. Return For any Product returned following a delivery mistake, a product mistake caused by Lacrèm, etc. a return request is mandatory. The return request must be addressed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Returns are only accepted in their original packaging and not opened. The return fees are at the cost of Lacrèm. Article 5. Right to revoke Lacrèm gives a right to revoke the purchase within 7 business days, starting from the date of delivery of the Products and undertakes to take them back, provided they are neither damaged, nor open and still in their original packaging. Article 6. Data protection The provision and saving of personal information collected in the internet sale is of the essence, this information being necessary for the process of the orders and the delivery of the Products, as well as for the preparation of the invoices. This information remains strictly confidential. A refusal to disclose the requested personal information implies an automatic refusal of the order. Article 7. Various obligations 7.1. Liability of Lacrèm These terms and conditions set out the entire obligations and liability of Lacrèm. Lacrèm is not bound by any further warranty, condition or other provision, unless otherwise expressively set out in these terms and conditions. Any warranty, obligation or other provision related to the Products or services that could be suggested or incorporated in these terms and conditions or in the sale contract between Lacrèm and the Buyer by law, by case law or by any other way (including i.e. any implied condition regarding the quality, the fitness or any duty of care) are expressly excluded by these terms and conditions. Lacrèm has no obligation to guarantee that the Products will suit the use intended by the Buyer. Therefore Lacrèm only assumes liability for damages resulting from willful misconduct or gross negligence caused by Lacrèm. All cases of breach of contract and the relevant legal consequences as well as all claims on the part of the Buyer, irrespective on what ground they are based, are exhaustively covered by these terms and conditions. 7.2. Force majeure No party will be held liable for the partial or total non-execution of its obligations following these terms and conditions if the non-execution is caused by a case of force majeure. Events which are considered cases of force majeure are the events fulfilling the conditions provided by law, those related to the impossibility of performance, as set out in Art. 119 of the Swiss Code of Obligations. The Parties agree that they shall liaise as soon as possible in order to define together the details of the execution of the order during the time of the force majeure case. 7.3. Partial invalidity If one or more provisions of these terms and conditions are ineffective or declared as such by law, by a regulation or after a final decision of a court of competent jurisdiction, then the remaining provisions shall remain unaffected by this. 7.4 Integrality of the contract These terms and conditions and the order summary given to the Buyer build and constitute the entire contractual relationships between the Parties. In case of discrepancy between those documents, the terms and conditions shall prevail. 7.5. Applicable law - Jurisdiction These terms and conditions as well as the contractual relationships between Lacrèm and the Buyer are subject the laws of Switzerland, without reference to the Private international law of Switzerland or of any other country as well as to the United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980. |