General Terms and Conditions of Powerhair AG for the web shop www.powerhair.ch (Version 1.0, as of June 2015)
Terms of Service
INTRODUCTION AND DEFINITIONS OF TERMS
The General Terms and Conditions (hereinafter "GTC") of Powerhair AG based in Zug (hereinafter "Provider") apply to all products and services (hereinafter "Products") of the Provider. Any natural or legal person who contacts the provider or purchases products from the provider is referred to as a customer. Together, the provider and customer are referred to as "parties".
1. ACCEPTANCE OF TERMS AND CONDITIONS
By confirming that he has read and accepted the terms and conditions during the ordering process, the customer fully accepts the following terms and conditions.
2. SCOPE OF APPLICATION
These General Terms and Conditions apply to all product deliveries and services of the Provider against payment or free of charge. The General Terms and Conditions apply exclusively. Conditions of the customer that conflict with or deviate from these General Terms and Conditions shall not apply unless the Provider has confirmed their applicability in writing and in advance. A written version of these terms and conditions can be obtained from the provider. The GTC are also published in the current version at www.powerhair.ch.
3. SERVICES OF THE PROVIDER
The provider provides its services in a professional and careful manner in accordance with these GTC and any other contractual provisions. The provider endeavors to always offer the customer the best products.
4. OFFER, CONCLUSION OF CONTRACT
The products that are published on the Internet at www.powerhair.ch are considered a binding offer subject to the following reservation. This offer is unilaterally conditional in the event of a delivery impossibility or if the price is incorrect (on the part of the manufacturer or the seller). In the aforementioned cases, the provider reserves the right to terminate the contract by means of a declaration to the customer. However, in the event of an impossibility to deliver, the provider endeavors to deliver as soon as possible (after) and to inform the customer as best as possible about the status of the order. The contract is concluded when the customer sends the order (on the web shop). The receipt of the order by the provider is indicated to the customer by means of an automatically generated acknowledgment of receipt. This automatically generated acknowledgment of receipt is not binding, but is only intended to confirm to the customer that the order he has placed has been received by the provider and is being processed. If the provider terminates the contract in accordance with the above provision, it will inform the customer as soon as possible. In such a case, the provider is obliged to return a price already paid by the customer.
5. PRODUCT INFORMATION, PRICES
The provider always endeavors to inform and enlighten the customer as best as possible about the products offered in the web shop. The information published on the web shop www.powerhair.ch is provided to the best of our knowledge and belief.However, the provider cannot assume any liability for the topicality, correctness, completeness or quality of the information provided. It rejects any liability in this regard. Reference is made to Section 10. Unless otherwise stated, all prices include the statutory VAT.
6. PAYMENT TERMS
The customer undertakes to pay in advance or by credit card. Other terms of payment can be provided by the provider.
In order to be able to offer you Klarna's payment methods, it may be that we pass on your personal data in the form of contact and order data to Klarna during the checkout process, so that Klarna can check whether you are suitable for Klarna's payment methods are eligible and Klarna can tailor the payment methods to you. Your transmitted personal data will be processed in accordance with the Klarna data protection declaration.
8. DEFAULT IN PAYMENT, DUNNING, COLLECTION
If the customer is in arrears with payment, other breaches of contractual obligations or if the provider becomes aware of circumstances that reduce the customer's creditworthiness, the provider reserves the right to only offer outstanding or future products/services against prepayment deliver / provide. If the customer fails to meet his payment obligations in whole or in part, all outstanding amounts owed under any title will become due immediately and all deliveries will be suspended. The Provider reserves the right to withdraw. This contract termination comes into effect automatically and without prior notice eight days after the Provider has unsuccessfully sent the Customer a payment request with a payment slip. From the first unsuccessful reminder and the associated administrative effort, the provider can charge a handling fee of CHF 50 each. The provider reserves the right to forward collection processes to a collection agency.
By accepting the order and sending the corresponding order confirmation, the provider undertakes to provide the service as quickly as possible. The customer is contractually obliged to accept the properly offered service. In the event of non-delivery, the customer has the right to withdraw at the earliest four weeks after the agreed delivery date. In the event of cancellation due to non-delivery, the Provider shall reimburse the Customer for amounts already paid in advance. All estimated delivery times are subject to change without notice. They only serve as a rough guide and are not binding. In particular, the automatically generated confirmation of receipt is not binding, but is only intended to confirm to the customer that the order he has placed has been received by the provider and is being processed. The products offered by the provider are individually formulated and mixed based on the information provided by the customer, whereby the provider works with suppliers. A purchase contract is therefore subject to the unilateral condition of non-delivery / impossibility of delivery. If a product is no longer manufactured or if the supplier can no longer deliver it, the provider reserves the right to terminate the contract by notifying the customer. The receipt of the automatically generated acknowledgment of receipt does not mean a binding promise that the product is actually available or can be delivered.It merely indicates to the customer that the order placed has been received by the provider and is being processed. Any liability on the part of the provider is excluded in such cases. Products delivered to the customer remain the property of the provider until the purchase price has been paid in full. Transport damage (visible and hidden) and incorrect deliveries must be reported to the provider within 5 days of receipt of the shipment. In this case, the product may not be used and must be returned. If possible, damage should be reported to the shipping company upon receipt, but no later than within 2 days, and a certificate must be obtained. For customers from Switzerland, goods with an order value of CHF 350 or more will be delivered to your home free of charge directly from the provider's central warehouse (Switzerland). For orders from Switzerland below this order value, the shipping and postage costs are CHF 10. For shipping abroad, the applicable shipping costs are automatically calculated at the checkout in the web shop.
10. CANCELLATION, RETURNS, RETURNS
For Customized Powerhair Products
The Provider formulates and mixes customized Powerhair Products according to the Customer's specifications. Cancellation of the order after payment has been made is no longer possible because the product can only be used by the customer himself. The return of such individually manufactured Powerhair products is also excluded for these reasons.
For all other Powerhair products
All other, i.e. not individually manufactured, Powerhair products can be returned within one week of receipt after consultation with the seller. The return is at the expense and risk of the customer to the return address provided by the provider. The return must be in the original packaging and the products must be unopened and in perfect condition. The customer is responsible for professional and insured shipping. Either a description of the error or the correspondence regarding the return and a copy of the purchase invoice must be enclosed with the return. In the event of a cancellation by the customer in accordance with the provisions of this clause, the customer may be entitled to compensation for expenses of 20% of the order volume or at least CHF 60.00 as well as any loss in value of the products will be billed since the order was placed.
11. LIABILITY AND DISCLAIMER
The provider undertakes towards the customer to provide the services carefully in accordance with these terms and conditions and the other contractual provisions there is no intentional or grossly negligent action, and against the vicarious agents of the provider, are excluded. Liability for indirect damage and consequential damage resulting from use, faulty performance or loss of performance is excluded.
Regarding information received from the customer The provider requires various personal information from the customer for the formulation and mixture of the products individually tailored to the customer. She receives this from the customer, who fills out a corresponding questionnaire. The customer undertakes to provide the provider with truthful information, in particular about his state of health.The provider declines all liability if the information received is partially or completely inaccurate and errors and/or damage result from the inaccurate information Regarding the Powerhair treatment The customer completes the Powerhair treatment at their own risk.
Regarding webshop and website
The contents of this website and this webshop were created with the greatest possible care and to the best of our knowledge and belief. However, the provider assumes no liability for the topicality, correctness, completeness or quality of the content provided. Liability claims against the provider, which relate to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are excluded, provided that there is no demonstrable fault of an intentional or grossly negligent nature on the part of the provider present. The provider expressly reserves the right to change, supplement or delete parts of the web shop or the entire offer without prior notice or to temporarily or permanently discontinue publication. The provider is not obliged to monitor third-party information transmitted or stored by third parties. A removal or blocking of such content takes place immediately from the time of knowledge of a specific violation of the law. Liability is only possible from the time of knowledge.
12. MODIFICATION OF TERMS AND CONDITIONS
The provider reserves the right to change the terms and conditions at any time. Changes to the GTC will be communicated to the customer in good time by e-mail, stating the start of validity. The provider cannot be prosecuted for insufficient notification or non-receipt of the e-mail with the reference to the changes to the GTC. For purchase orders that were sent before the changed terms and conditions came into force, the previous terms and conditions also apply after the changed terms and conditions came into effect.
13. JURISDICTION AND APPLICABLE LAW
The place of jurisdiction for all disputes with the provider is - subject to deviating mandatory places of jurisdiction under federal law and international treaties - Zug. The contract is subject to Swiss law (to the exclusion of the UN Sales Convention (CISG)).
14. COPYRIGHT NOTICE
These terms and conditions are protected by copyright. The provider has the exclusive right of use. Any duplication, distribution or other use is prohibited. In particular, the use of these terms and conditions in an unchanged or modified form for one's own commercial purposes is prohibited and will be prosecuted under civil and criminal law.