1. Parties, Applicability of General Terms and Conditions
Dermalab SA, Dufourstrasse 20, 8702 Zollikon, Switzerland ("Dermalab") operates an online shop under the URL shopswissline.com (the "Shop"). In the Shop, Dermalab advertises and promotes its products, which consist of beauty products and cosmetics. The products advertised in the Shop are hereinafter referred to as "Products".
These general terms and conditions (the "General Terms and Conditions") govern any and all contractual relationships between Dermalab and the customer ("You" or the "Purchaser") in connection with the sale and purchase of Products using the Shop.
2. Conclusion of Contract
2.1. Your offer
The Shop and the Product descriptions in the Shop constitute an invitation to potential purchasers to submit offers to Dermalab (invitatio ad offerendum). Neither the Shop itself nor the Product descriptions contained therein legally constitute offers of Dermalab. By submitting an order to Dermalab using the Shop, You make an offer to purchase the Products You have previously placed in the shopping cart of the Shop (the "Ordered Products") from Dermalab.
After placing Your order, You will receive an e-mail from Dermalab confirming receipt of Your order. This e-mail does not constitute an acceptance of said offer.
2.2. Dermalab's acceptance
Dermalab is free to accept or decline Your offer. Should Dermalab decide to accept Your offer, Dermalab shall send You a separate e-mail confirming the acceptance of Your offer. As a rule, on business days, such confirmation e-mail will be sent within 24 hours from receipt of Your order. A binding commitment incorporating these the General Terms and Conditions regarding the Ordered Products (a "Purchase Agreement") shall only be concluded once Dermalab confirms the acceptance of Your order by e-mail. The version of the General Terms and Conditions which You have accepted during the checkout process shall form an integral part of the Purchase Agreement.
Should Dermalab decide to decline Your offer, Dermalab shall communicate its decision to You by e-mail. In such case, Dermalab shall promptly reimburse any payments already received from You relating to the refused order.
2.3. Acceptance of orders from certain countries
Dermalab accepts orders only from purchasers located in certain countries (Afghanistan, Åland Islands, Algeria, American Samoa, Andorra, Angola, Anguilla, Antarctica, Antigua and Barbuda, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Bouvet Island, Brazil, British Indian Ocean Territory, British Virgin Islands, Brunei, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Cayman Islands, Central African Republic, Chad, Chile, Christmas Island, Cocos [Keeling] Islands, Colombia, Comoros, Congo - Brazzaville, Congo - Kinshasa, Cook Islands, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Falkland Islands, Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, French Southern Territories, Gabon, Gambia, Ghana, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Heard Island and McDonald Islands, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Isle of Man, Israel, Italy, Jamaica, Japan, Jersey, Jordan, Kenya, Kiribati, Kyrgyzstan, Laos, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Luxembourg, Macau SAR China, Macedonia, Madagascar, Malawi, Maldives, Mali, Malta, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Mexico, Micronesia, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Myanmar [Burma], Namibia, Nauru, Nepal, Netherlands, Netherlands Antilles, New Caledonia, New Zealand, Nicaragua, Niger, Nigeria, Niue, Norfolk Island, Northern Mariana Islands, North Korea, Norway, Oman, Pakistan, Palau, Palestinian Territories, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn Islands, Poland, Puerto Rico, Qatar, Réunion, Romania, Rwanda, Saint Barthélemy, Saint Helena, Saint Kitts and Nevis, Saint Lucia, Saint Martin, Saint Pierre and Miquelon, Saint Vincent and the Grenadines, Samoa, San Marino, São Tomé and Príncipe, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Georgia and the South Sandwich Islands, South Korea, Spain, Sri Lanka, Sudan, Suriname, Svalbard and Jan Mayen, Swaziland, Sweden, Switzerland, Syria, Taiwan, Tajikistan, Tanzania, Timor-Leste, Togo, Tokelau, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, U.S. Minor Outlying Islands, U.S. Virgin Islands, Uzbekistan, Vanuatu, Vatican City, Venezuela, Wallis and Futuna, Western Sahara, Yemen, Zambia, Zimbabwe). Dermalab reserves the right to add countries to the list of accepted countries or remove countries from this list at any time at its own discretion.
3. Shipping and delivery
Ordered Products generally are delivered to You within 5-10 days from the acceptance of Your offer and receipt of payment. The Ordered Products are shipped to the address You have entered when placing the order using a reputable parcel delivery service. Any availabilities and delivery times set out in the Shop are solely of an indicative nature and not binding on Dermalab.
Ordered Products should be stored at a temperature between 10°C and 25°C. Dermalab is in no position to grant any warranty as to temperature fluctuations during shipment.
4. Retention of Title
The Ordered Products shall remain the sole property of Dermalab until full and final payment has been received by Dermalab, whereupon title to the Ordered Products shall pass to You. Dermalab retains the right to enter this retention of title into any relevant public register if necessary.
5. Prices and Payment
In general, the prices set out in the Shop at the time You place Your order are the prices relevant for Your order relating to the Ordered Products. All prices set out in the Shop are in Swiss Francs (CHF) and include Swiss VAT but exclude shipping.
Should You be domiciled in a country other than Switzerland, the Swiss VAT included in the prices will be deducted from the prices of the Ordered Products during the checkout process. You may have to pay local import taxes and/or VAT upon import - please see clause 5.4.
The prices posted in the Shop are subject to change without notice.
5.2. Erroneous prices
While Dermalab makes every effort to ensure that all prices in the Shop are correct at all times, errors sometimes do occur. If such an error in the price of an Ordered Product is discovered, Dermalab shall let You know of this as soon as possible. You will be given the option of reconfirming the order at the correct price or cancelling it. Should Dermalab be unable to contact You, the order shall be treated as cancelled. Should You decide to cancel Your order (or should Your order be cancelled due to Dermalab not being able to contact You), Dermalab shall promptly reimburse any payments already received from You relating to the cancelled order.
5.3. Shipping and Handling
You will be charged the following shipping and handling fees:
Orders from Switzerland: 10.00 CHF per order.
Orders from abroad: 50.00 CHF per order.
Dermalab waives all shipping and handling fees for all orders with a total value of 400 CHF (including Swiss VAT) or more.
5.4. Taxes and/or VAT for orders from abroad
You should note that the Ordered Products are sent from Switzerland. Orders from outside of Switzerland may be subject to import taxes and/or VAT imposed by your country of residence. Such taxes and/or local VAT are not included in the prices set out in the Shop and paid by You.
Dermalab only accepts payments using credit cards. Dermalab only uses reputable payment providers. Dermalab will only use your credit card information to settle the current order and will not save your credit card information. The credit card interface will show You the cost of the order in Your currency.
6. Cancellation and Returns
6.1. Returns Policy
You have the right to return an Ordered Product if it is faulty (e.g. if the container is not sealed upon receipt or if the Ordered Product is otherwise defective). In such case, please contact Dermalab using the following contact information – Dermalab will then arrange for the pickup and replacement of the defective Ordered Product at no cost to You:
Fax: +41 44 396 10 69
You may furthermore return any unopened Ordered Product within 14 days from receipt of the Ordered Products without having to specify any reasons. The cancellation of the order shall be notified to Dermalab in writing (i.e. by mail, fax or e-mail) using the contact information set out above. In such case, You shall have to bear the ordinary costs of returning the Ordered Products unless the sale value of the returned Ordered Products amounts to the Swiss Franc (CHF) equivalent of EUR 40.00 or more; in the latter case, the costs of returning the Ordered Products shall be borne by Dermalab. The right to cancel the order and return the Ordered Products however only relates to unopened Ordered Products. Dermalab cannot accept the return of any Ordered Products that have been opened (i.e. containers whose protective seal has been broken). This right does not limit any statutory rights of revocation You may have under local consumer protection law.
6.2. Statutory Right of Return
If You are domiciled in the EU and if You are a consumer as contemplated by Your local consumer protection laws, i.e. if you are an individual doing the shopping at the Shop for a private purpose (one which cannot be attributed to a commercial or independent professional activity), Dermalab herewith grants you a statutory right to return the purchased goods in lieu of Your statutory right of revocation:
Information regarding the Right of Return
Right of return
You may return the Ordered Products within 14 days (the "Time Limit") without stating any reasons by sending the Ordered Products back to Dermalab. The Time Limit starts after receipt of this information in text form (e.g. as a letter, fax, e-mail), not however before the receipt of the Ordered Products by the recipient and not before our informational duties provided by article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB and our duties according to § 312g para. 1 sentence 1 BGB in conjunction with article 246 § 3 EGBGB have been fulfilled. Solely with respect to Ordered Products not suitable for parcel shipment (e.g. in case of bulky goods) you may declare the return of the Ordered Products by sending Dermalab a request in text form for Dermalab to take back the Ordered Goods. The Time Limit is met by sending the Ordered Products back or by dispatching the aforementioned request within the Time Limit. In any case, the return of the Ordered Products shall occur at the risk of Dermalab and the costs of returning the Ordered Products shall borne by Dermalab. The return shipment or the request to return the Ordered Products shall be addressed to:
Fax: +41 44 396 10 69
Legal effect of returning the Ordered Products
In case of an effective return of the Ordered Products, each of the parties shall have to return any received goods, services and payments as well as any benefits gained. If you are able to return to Dermalab the Ordered Products only in a deteriorated condition, as well as for uses/benefits (e.g. benefits from usage) which cannot be returned to Dermalab in whole, or only in parts, or only in a deteriorated condition, you are obligated to provide Dermalab a compensation for lost value. You are only obligated to provide a compensation for lost value in respect of benefits or a deterioration of the Ordered Product insofar as it is caused by a manipulation of the Ordered Products that goes beyond the examination of the product's characteristics and mode of operation. “Examination of the product's characteristics and mode of operation” is understood as the testing and trying out of the respective product in a way that would be possible and customary e.g. in a shop. Any obligations to reimburse payments must be fulfilled within a period of 30 days. This period starts for You when the Ordered Product or the request for taking back the Ordered Product is dispatched by You, and for Dermalab upon the respective receipt.
End of the Information regarding the Right of Return
Dermalab takes great pride in its Products and uses only premium ingredients and takes great care in the production of its Products. Should You anyhow receive a damaged or otherwise faulty Product, You shall have the right to request the replacement of said Product in accordance with clause 6.1 of these General Terms and Conditions. Should the replacement Product also be damaged or faulty, You may request another replacement Product or make an appropriate deduction from the price of the relevant Ordered Product which will result in a refund of a part of the payment You have already made. The warranty period shall be two years from the initial receipt of the Ordered Products. All further warranty rights are excluded as far as legally possible.
Dermalab makes no further representations or warranties with respect to its Products, whether express or implied.
Dermalab shall be liable for damages to Your health as far as such damages result from a negligent or intentional breach of duty by Dermalab, its representatives or auxiliary persons.
Furthermore, Dermalab shall be liable for any further damages that result from a grossly negligent or intentional breach of duty by Dermalab, its representatives or auxiliary persons.
All further liability of Dermalab is excluded. This exclusion of liability shall have no effect on any non-contractual liability resulting from applicable product safety laws.
9. Data Protection and privacy
Dermalab saves the following personal data you have entered in the checkout process or otherwise collected ("Data") for a reasonable period of time: Name, first name, home address, delivery address, e-mail address, telephone number, and IP-address. Dermalab shall use your Data solely for the purposes of (i) fulfilling the Purchase Agreement and (ii) complying with statutory record retention obligations. You reserve the right to approve any marketing activities that may involve limited uses of the Data but may agree for Dermalab to use your Data for particular marketing purposes by clicking the relevant check box in the checkout process.
You have the right to request information about what Data Dermalab has saved with respect to You. You may also request that such Data is corrected or – once the Purchase Agreement has been fulfilled by both parties – deleted (the latter right is limited by Dermalab's compliance with statutory record retention obligations however). Please address any such request to:
Except as provided in this provision, Dermalab shall not grant any third party access to Your Data or make Your Data public. As a Swiss corporation, Dermalab is subject to Swiss data protection law and is as such obligated to safeguard Your Data.
10. Amendment of these general terms and conditions
Dermalab retains the right to amend these General Terms and Conditions at any time without notice.
Notwithstanding the foregoing, the version of these General Terms and Conditions accepted by You during the checkout process is the version applicable in the context of the specific Purchase Agreement concluded by Dermalab's acceptance of your offer submitted during that checkout process.
11. Partial Invalidity
Should any provision of these General Terms and Conditions be or become invalid, such invalidity shall have no effect on the validity of the other provisions of these General Terms and Conditions. The invalid provision shall be deemed replaced with a valid provision that represents the economic value of the invalid provision as closely as possible.
12. Applicable Law and Venue
This Purchase Agreement shall be governed by Swiss law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The courts of Zurich, Switzerland shall have exclusive jurisdiction with respect to any disputes arising out of or in connection with this Purchase Agreement. Notwithstanding the foregoing, You may have the right to bring disputes before a court at your place of residence in accordance with the laws of Your country of residence, and the foregoing choice of venue shall not be interpreted to limit such right.