General Terms and Conditions
Swiss Detox Sàrl, Rotfluhstrasse 62, CH-8702 Zollikon, hereinafter referred to as the seller.
1 General, definitions
(1) The Seller offers cosmetic products in particular via the online store on the website www.swissdetox.com. The following General Terms and Conditions (GTC) apply to the business relationship between the Seller and the Customer in the version valid at the time of the order.
(2) The offer at www.swissdetox.com is directed exclusively at entrepreneurs as well as end customers. Entrepreneurs in the sense of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding the legal transaction.
(3) Individual contractual agreements shall take precedence over these GTC. Deviating, conflicting or supplementary GTC shall not become part of the contract unless their validity is expressly agreed.
2 Conclusion of contract
(1) The presentation of the goods on the Seller's website does not constitute an offer in the legal sense, but merely an invitation to the Customer to make an offer in the legal sense. The ordered goods may deviate slightly from the goods presented on the Internet due to the technical possibilities of presentation, in particular there may be deviations in color, insofar as this is reasonable.
(2) The order by the Customer can be placed via the Seller's website, by e-mail, by fax or also in writing. The Customer's order constitutes a binding offer to conclude a purchase contract for the ordered product(s).
(3) The Seller shall immediately confirm receipt of the Customer's order by fax or e-mail.
a) In the case of payment by prepayment/bank transfer or credit card, the purchase contract is not already concluded with this order confirmation, but only with the sending of a separate e-mail with an order confirmation or the delivery of the goods. The seller is entitled to accept the contract offer in the order within 5 working days. In the case of goods ordered electronically, the Seller is entitled to accept the order within 2 working days of receipt. It is equivalent to acceptance if the seller delivers the ordered goods within this period.
b) In case of payment by Giropay or PayPal, the contract is already concluded with the payment instruction by the customer.
(4) The conclusion of the contract is subject to the reservation that in the event of incorrect or improper self-delivery, not or only partially to perform. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. Otherwise, the consideration will be refunded immediately. In case of non-availability or only partial availability of the goods, the customer will be informed immediately.
(5) If the customer orders the goods electronically, the text of the contract will be stored by the seller and sent to the customer together with the legally effective GTC by e-mail after conclusion of the contract.
3 Retention of title
(1) The Seller reserves the right to retain title to the goods until all claims arising from an ongoing business relationship have been settled in full.
(2) In the event that the customer acts in breach of contract, in particular in the event of default in payment, if the customer provides false information about his creditworthiness or if an application for the opening of insolvency proceedings is filed, the seller shall be entitled - if necessary after setting a deadline - to withdraw from the contract and to demand the return of the goods, provided that the customer has not yet provided the consideration or has not provided it in full.
(3) The Customer shall be entitled to resell the goods in the ordinary course of business. He hereby assigns to the Seller all claims in the amount of the invoice amount accruing to him against a third party as a result of the resale. The seller accepts the assignment. After the assignment, the customer is authorized to collect the claim. The Seller reserves the right to collect the claim itself as soon as the Customer fails to properly meet its payment obligations and defaults on payment.
(4) The Seller undertakes to release the securities to which it is entitled at the Customer's request to the extent that the realizable value of the securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon the Seller.
(1) The stated purchase price shall be binding. The purchase price includes the statutory sales tax. The additional shipping costs incurred during shipment are included in the shipping costs overview/delivery restrictions. Costs for packaging are already included in the shipping costs.
(2) The customer undertakes to pay the total price within 14 days after receipt of the order confirmation by e-mail or the invoice. After expiration of this period, the customer is in default of payment. During the period of default, he shall pay interest on the debt at the rate of 9 percentage points above the base interest rate. The customer also owes a lump-sum payment of CHF 40 in the event of default on a claim for payment. This shall also apply if the Customer is in default with a payment on account or any other installment payment. The seller reserves the right to claim a higher damage caused by delay. The lump sum according to sentence 5 shall be credited against a claim for damages owed, insofar as the damage is justified in costs of legal prosecution.
(3) The Customer shall only have a right of set-off if its counterclaims have been legally established, acknowledged or not disputed by the Seller. The right of the customer to offset against contractual and other claims arising from the initiation or execution of this contractual relationship shall remain unaffected. The customer may exercise a right of retention only if his counterclaim is based on the same contractual relationship.
5 Payment options
(1) Customers may pay the purchase price by prepayment/bank transfer, credit card, Giropay or PayPal.
(2) If payment is made by credit card, a (pre-authorized) reservation of the amount shall first be made upon completion of the order. The credit card account is not charged until the goods are shipped.
(3) When paying by Giropay, the customer must have an account activated for online banking at a participating bank or savings bank. The customer's account will be debited upon dispatch of the order confirmation or delivery of the goods.
(5) Information on the costs, if any, of the selected payment method can be found in our customer information www.swissdetox.com on our website.
(1) The Seller delivers exclusively to the countries specified in the shipping overview/delivery restrictions.
(2) The delivery period for deliveries within Switzerland is indicated on the respective offer page. The start of the delivery period is determined (depending on the selected payment method) according to paragraphs 3 to 5.
(3) The delivery period begins one day after the payment order is placed.
(4) Information on the delivery period for a delivery outside Germany can be found in our customer information www.swissdetox.com and in the overview shipping costs/delivery restrictions www.swissdetox.com.
(5) If the start or end of the deadline falls on a Saturday, Sunday or a public holiday, the start or end of the deadline shall be postponed to the following working day.
(6) With regard to the reservation of proper self-delivery, the Seller refers to § 2 para. 4 of these GTC.
(7) The Seller shall be entitled to make partial deliveries insofar as a partial delivery is reasonable for the Customer taking into account the interests of the Seller. The Customer shall not incur any additional costs as a result.
7 Transfer of risk
(1) The risk of accidental loss and accidental deterioration of the goods shall pass to the Customer upon handover, in the case of sale to destination upon delivery of the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
(2) The handover shall be the same if the customer is in default of acceptance.
(1) The customer is entitled to a statutory warranty right, which is modified in accordance with §§ 8, 9 of these GTC.
(2) The ordered goods may deviate slightly from the goods depicted on the Internet within the bounds of what is reasonable. Reference is made to § 2 para. 1 of these GTC. 1 of these GTC is referred to.
(3) The Seller shall initially provide warranty for defects of the goods at its discretion by rectification or replacement delivery.
(4) If the subsequent performance fails, the Customer may, at its discretion, demand a reduction of the purchase price (abatement), rescission of the contract (withdrawal) or damages instead of performance. In the event of only minor defects, the customer shall not be entitled to withdraw from the contract, taking into account the interests of both parties. Instead of damages in lieu of performance, the customer may, within the scope of § 284 BGB, demand compensation for futile expenses which the customer has incurred and had to incur in reliance on receipt of the goods. If the customer chooses compensation instead of performance, the limitations of liability according to § 9 para. 1 of these GTC. 1 of these GTC shall apply.
(5) The Customer must notify the Seller of obvious defects in the delivered goods within a period of 2 weeks from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Timely dispatch or notification shall be sufficient to meet the deadline. For merchants § 377 HGB (German Commercial Code) shall apply.
(6) In principle, only the Seller's product description shall be deemed to be agreed as the quality of the goods. Public statements, recommendations or advertising by the manufacturer shall not constitute a contractual description of the quality of the goods.
(7) The warranty period is 1 year from delivery. The one-year warranty period shall not apply if the Seller can be accused of gross negligence, as well as in the case of bodily injury and damage to health attributable to the Seller and in the case of loss of life of the Customer, in the case of a guarantee and in the case of delivery recourse pursuant to §§ 478, 479 BGB. The Seller's liability under the Product Liability Act shall remain unaffected.
(8) Notwithstanding para. 7, the regular limitation period shall apply if the Seller has fraudulently concealed a defect.
(9) The Customer shall not receive any guarantees in the legal sense from the Seller, unless expressly agreed otherwise. Manufacturer's warranties remain unaffected by this.
9 Limitations of liability
(1) In the case of slightly negligent breaches of duty, liability shall be limited to the direct average damage that is foreseeable and typical for the type of goods. This shall also apply in the case of slightly negligent breaches of duty by the legal representatives or vicarious agents of the Seller. The Seller shall not be liable in the event of a slightly negligent breach of immaterial contractual obligations. However, he is liable for the violation of essential contractual legal positions of the customer. Material contractual legal positions are those which the contract must grant to the customer according to the content and purpose of the contract. Furthermore, the Seller shall be liable for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the Customer may rely.
(2) The above limitations of liability do not affect claims of the Customer arising from guarantees and/or product liability. Furthermore, the limitations of liability shall not apply in the event of fraudulent intent, breach of material contractual obligations, or in the event of bodily injury or damage to health attributable to the Seller or in the event of loss of life of the Customer.
(3) The Seller shall only be liable for its own content on the website of its online store. Insofar as links provide access to other websites, the seller is not responsible for the third-party content contained therein. He does not adopt the external content as his own. If the seller becomes aware of illegal content on external websites, he will immediately block access to these pages.
10 Final provisions
(1) Swiss law shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. § Section 15 para. 11 sentence 8 TDSG shall remain unaffected.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be the court competent at the Seller's place of business, unless an exclusive place of jurisdiction is given. However, the Seller shall also be entitled to sue the merchant at the court having jurisdiction over his place of residence or business. The competence due to an exclusive place of jurisdiction remains unaffected.
The place of jurisdiction is Zurich. Swiss law shall apply exclusively. July 2021, ©Swiss Detox Sàrl, Rotfluhstrasse 62, CH-8702 Zollikon. All rights reserved.
General Terms and Conditions B2B (AGB Swiss Detox Sàrl)
The following General Terms and Conditions (GTC) become binding for the customer by placing an order. The GTC apply to all contracts, deliveries or other services. Deviating agreements or collateral agreements require the written confirmation of Swiss Detox Sàrl. Swiss Detox Sàrl is entitled to change the GTC at any time. For the customer, the version valid at the time of receipt of the order applies. Deviating terms and conditions of the customer are hereby contradicted. The objection also extends to provisions on points that are not regulated in our terms and conditions.
§2 Delivery and payment
The delivery and payment terms of Swiss Detox Sàrl are listed in the order form. The goods are usually delivered by mail. Shipping costs will be charged additionally. Unless otherwise agreed, all invoices are payable 10 days after invoicing without deduction. The reminder fee is 20.- Swiss francs per reminder.
Goods will be delivered within 7 days after receipt of order. If the goods are not available when ordered, they will be delivered as soon as possible. However, such a delay does not entitle the customer to withdraw from the sales contract or to claim damages. Swiss Detox Sàrl shall not be liable for delays in delivery due to force majeure (strike, catastrophes, etc.). If the customer is in arrears with payment, Swiss Detox Sàrl may refuse further deliveries of goods.
§4. right of return
Swiss Detox Sàrl does not grant any right of return for reasons of product safety. In the event of product defects, the measures listed in §6 shall apply.
§5. transfer of risk
The risk is transferred to the buyer when the goods are dispatched by Swiss Detox Sàrl. The goods are sent by registered mail and are thus insured by the post office.
Swiss Detox Sàrl warrants that the goods sold are free from product defects at the time of transfer of risk. Should a product defect nevertheless be detected upon arrival of the goods, Swiss Detox Sàrl must be informed in writing within three days. The rejected goods must be returned in original packaging with a copy of the invoice, sufficiently stamped. The warranty is in replacement of the goods.
§7. reservation of proprietary rights
Until the complete payment of the delivered goods, the goods remain property of the company Swiss Detox Sàrl.
§8. treatment and application requirements
The products sold by Swiss Detox Sàrl are to be used in the context of a skin treatment with the consent of the treated person. Preliminary clarifications for the treatment are carried out by specialists. Swiss Detox Sàrl assumes no liability for the application of the delivered goods.
The advertising or offering of products in print, radio and internet, which are distributed by Swiss Detox Sàrl, is only allowed with the written permission of Swiss Detox Sàrl.
§10. picture rights
The use or reprinting of pictures is only permitted with the written approval of Swiss Detox Sàrl. Furthermore, in the event of unauthorized use, the Customer undertakes to pay a contractual penalty to be determined by Swiss Detox Sàrl at its reasonable discretion and to be reviewed by the competent courts.
All prices are without guarantee, in Swiss Francs(CHF) and exclude VAT.
§12.Trademarks and brand names
The products distributed by Swiss Detox Sàrl may only be offered in their original packaging. They may neither be repackaged nor filled or decanted. Trade with resellers is prohibited. A sale abroad requires the written consent of Swiss Detox Sàrl.
Limited time offers are valid only as long as the stock lasts and are not
cumulative with other promotions. The legal process is excluded.
For the products distributed by Swiss Detox Sàrl, training is usually provided by Swiss Detox Sàrl. If Swiss Detox Sàrl trains purchasers, they undertake with the training to purchase the products on which they have been trained exclusively from the distributor of these products, Swiss Detox Sàrl.
The place of jurisdiction is Zurich. Swiss law shall apply exclusively.
July 2021, ©Swiss Detox Sàrl, Rotfluhstrasse 62, CH-8702 Zollikon. All rights reserved.