The General Conditions of Sale set out below must be read carefully and duly accepted before any orders are placed on the www.swissperfection.com website.
- The website
- Prices and Payment
- Withdrawal right
- Protection of personal data
- Vis major
- Whole agreement
- Applicable law and jurisdiction
1. THE WEBSITE
The Swiss Perfection website (hereinafter the "Website") is an e-commerce website that is accessible via the Internet at www.swissperfection.com. It is open to all Internet users (hereinafter, the "Internet User"). It is owned by PP Produits Prestiges S.A. (hereinafter "PRODUITS PRESTIGES"), a Swiss Shareholder company (société anonyme) with a capital of CHF 2’000’000.--. Its registered office is located at Grand Rue 114, 1820 Montreux VD Switzerland and incorporated in the commercial registry of Vaud, Switzerland under number CH-217-0530681-9.
The Website enables PRODUITS PRESTIGES to place cosmetics (hereinafter the "Products") on sale to Internet Users who visit the Website (hereinafter the "Website Users"). For the application of these General Conditions of Sale, it is agreed that the Website User and PRODUITS PRESTIGES shall be jointly referred to as the "Parties" and individually referred to as a "Party", and that Website Users who have validated an order shall be referred to as "Purchasers". Website Users' rights and obligations necessarily apply to Purchasers. Products are intended for the personal use of Website Users, in no direct relation to their professional activity.
Unless otherwise expressly agreed in writing, all sales are subject to the following terms and conditions. Website Users should note that their order must not exceed a total of 5’000 CHF. If the order exceeds the aforementioned amount, the order shall be invalid.
The Products ordered by Website Users shall be delivered worldwide. The orders for which a P.O box delivery address has been chosen cannot be proceeded. Website Users who wish to purchase via the Website declare that they have full legal capacity and are aged 18 or over.
All orders for Products offered on the Website imply the consultation and express acceptance of these General Conditions of Sales, without said acceptance being contingent on the Website User providing a hand-written signature. The recording and validation of the order form constitutes the placing of an order between PRODUITS PRESTIGES and Website Users for the purchase of the ordered products. The purpose of these General Conditions of Sales is to define the Parties' rights and obligations that arise from the online sale of the Products offered on the Website, exclusively as regards the relations the Parties establish on the Internet and solely those formed on the Website. These General Conditions of Sales determine all the steps required to place an order and ensure the follow-up of the said order between the parties. The General Conditions of Sale in force may be consulted at any time by clicking on the link. PRODUITS PRESTIGES may update these General Conditions of Sale at any time. These General Conditions of Sale apply to the exclusion of all other documents.
The Products PRODUITS PRESTIGES offers for sale are those listed on the Website, on the date the Website User consults the Website, within the limit of available stock and subject to the conditions laid down in Paragraph 1, and under the following restrictions: due to transportation constraints, aerosols are not available for sale as well as products containing alcohol.
The photographs that illustrate the Products do not fall within the scope of the contract and PRODUITS PRESTIGES's liability may not be incurred in connection with any such error. While every effort is made to ensure that the shade of PRODUITS PRESTIGES products for which photos are displayed on www.swissperfection.com is an accurate representation of the original products, variations may occur, in particular due to technical limitations in reproducing color using information technology.
Consequently, PRODUITS PRESTIGES may not be held liable for errors or inaccuracies in photographs or graphics showing PRODUITS PRESTIGES products that are presented on www.swissperfection.com.
Products are offered subject to availability. If a Product is not available, this will be mentioned on the Website. Website Users may then, if they so wish, click on the “notify me” button and enter their e-mail address in order to be informed as soon as the Product becomes available again. If a Product’s unavailability is discovered after order validation, Purchasers shall have the option of cancelling their order by requesting either the reimbursement of the amounts paid within a maximum of thirty (30) days after being debited, or exchanging the unavailable Product(s), by sending an e-mail request (Please see Contact section on the website – link). PRODUITS PRESTIGES may not be held liable if products are out of stock or unavailable.
Retention of title:
The Products ordered shall remain the property of PRODUITS PRESTIGES until full receipt of the price by PRODUITS PRESTIGES. If there is a payment incident or in the event of incomplete or partial payment, the Purchaser undertakes, at the cost of the Purchaser, to return the Products received to PRODUITS PRESTIGES at the latter's first request. However, on the effective date of delivery, the risks (in particular of loss, theft or damage) concerning the Products delivered are transferred to the Purchaser.
3. PRICES AND PAYMENT
The prices of the Products are given in Swiss Francs (CHF). They include the VAT. The price invoiced to the Purchaser is the price stated on the order confirmation sent via e-mail by PRODUITS PRESTIGES. The prices given do not include the packaging and delivery costs, which will be invoiced in addition and specified to Website Users before the order is validated and when the order is definitely validated. The shipping fees are mentioned on the Website. The Website User accepts PRODUITS PRESTIGES’s right to modify its prices at any time; however the Products will be invoiced on the basis of the tariffs in force when the order is recorded, subject to the availability of such Products. The tariff in force is that stated on the Website, unless there is a typographical error.
All payments must be made immediately over the Internet. Unless the server is unavailable, Website Users may, in order to validate the order, pay by Credit/debit card (Visa, Mastercard). Website users will enter their card number, the expiry date, the name of the cardholder and the 3-digit safety code on back of the card (Visa and Mastercard).
PRODUITS PRESTIGES reserves the right to refuse all orders or deliveries if the limits stated in paragraph 1 above are exceeded, if there is an existing dispute with the Purchaser, if credit/debit card payment authorization is refused by the banking organizations, or in the event of total or partial failure to pay. As part of the fight against online fraud, information concerning orders will be checked by PRODUITS PRESTIGES’s designated payment partner.
Mechanisms and timescales Orders paid for by credit/debit card on workings days are processed within 24 hours. Orders are then dispatched by priority mail. You will be delivered within the number of days mentioned in the expedition option be counted from the moment of reception of your order confirmation from PRODUITS PRESTIGES.
The Products ordered by a Purchaser will be delivered to the address stated by the Purchaser on the order form.
PRODUITS PRESTIGES refuses all liability in the event of overly long delivery time caused by the postal services, as well as in the event of the loss of the Products ordered or a postal strike. All transport risks will be borne by the Purchaser. If a delivery is late, the Purchaser must inform the PRODUITS PRESTIGES customer service department as soon as possible, by e-mail (Contact us Section). PRODUITS PRESTIGES will then contact the post office to request an investigation which may take some time. Moreover, ownership of the Products orders will not be transferred to the Purchaser until full payment of the invoice has been received, inclusive of delivery charges. Upon receipt of Products ordered, the Purchaser must check that Products are compliant. Any delivery anomalies (missing or broken Products, parcel damaged, etc.) must be noted by Purchasers on the form presented to them when the parcel is delivered and must imperatively be notified to the PRODUITS PRESTIGES customer service department, by e-mail (see Contact-us Section – link). All claims filed more than 7 working days after the day of receipt will be rejected and PRODUITS PRESTIGES will be released from all liability. PRODUITS PRESTIGES refuses all liability if a product is lost, sent to the wrong address or delivered late, in as much as transports risks have been accepted and will be borne by the Purchaser.
5. WITHDRAWAL RIGHT
Product(s) with which the Purchaser is not satisfied
If Purchasers are not satisfied with the Product(s) ordered, they have a period of seven (7) working days in which to return it/them, at their own expense, effective from the date of receipt. The Product(s) must be returned in their original form and sealed packaging, and accompanied by the slip included with the invoice or delivery note to the following address: PRODUITS PRESTIGES – Service Client PRODUITS PRESTIGES – Avenue Claude Nobs 14, 1820 Montreux, Switzerland. PRODUITS PRESTIGES does not accept parcels with carriage due. All risks linked to the return of Product(s) shall be assumed by the Consumer. If the aforementioned conditions are fulfilled, PRODUITS PRESTIGES will reimburse the Purchaser within a maximum of thirty (30) days for the amounts that correspond to the Product(s) purchased.
All non-compliant Products must be returned to PRODUITS PRESTIGES for exchange or reimbursement, in their original form and sealed packaging, accompanied by the slip at the bottom of the invoice or delivery note, to the following address: PRODUITS PRESTIGES - PRODUITS PRESTIGES Service Client PRODUITS PRESTIGES Avenue Claude Nobs 14, 1820 Montreux, Switzerland. Carriage costs will be borne by PRODUITS PRESTIGES in the event that the decision to return Product(s) results from an error made by PRODUITS PRESTIGES. PRODUITS PRESTIGES will then initiate the procedure to exchange or reimburse the defective or missing Product(s). Upon receipt by PRODUITS PRESTIGES of Product(s) that are presumed to be non-compliant, PRODUITS PRESTIGES will examine said Product(s) as quickly as possible. If the non-compliant nature of the Product(s) is confirmed by PRODUITS PRESTIGES, the Purchaser will be reimbursed within thirty (30) days, for the amounts that correspond to the price(s) of the Product(s) acquired.
6. PROTECTION OF PERSONAL DATA
Providing personal information that is collected within the scope of distance selling is mandatory, as this information is needed to process and deliver orders, and to prepare invoices. Such personal information is strictly confidential; therefore, we will not provide your personally identifiable information to third parties for their use in marketing their products or services without your consent. The purchaser may review and change the personally identifiable information you provide to us at any time by emailing us. Failing to provide such personal information entails automatic rejection of the order. Choice / Opt out: You may opt out of receiving future communication when you register at this site or otherwise provide your contact information to us by clicking the “unsubscribe link at the bottom of each communication you receive.
8. VIS MAJOR
Neither Party shall be liable for the total or partial non-performance of its obligations pursuant to this contract that is caused by an event outside of its reasonable control (a Force Majeure Event). Force Majeure Events shall be deemed to include, without limitation, war, riots, insurrection, severe disturbance in the security of Internet, technical failures, unauthorized access and/or intrusions into the Website's servers, strikes of all natures and computer or telephone failures. If a Party cites an event that constitutes a Force Majeure Event, it must inform the other Party thereof within five working days of the occurrence or threatened occurrence of said event. The Parties agree that they must consult with each other in a timely manner in order to determine together the terms and conditions of fulfilling orders during the occurrence of a Force Majeure Event of vis major. After one (1) month of interruption due to a Force Majeure Event, PRODUITS PRESTIGES may choose to cancel the order(s), in which case it shall reimburse the Purchaser where applicable.
If one or more stipulations of these General Conditions of Sale is deemed invalid or declared invalid pursuant to a law, regulation or following a definitive decision by a court having jurisdiction, the other stipulations shall retain their full force and scope.
10. WHOLE AGREEMENT
These General Conditions of Sale and the order summary sent to the Purchaser together form a contractual whole and constitute the entirety of the contractual relations between the Parties. In the event of a contradiction between these documents, the General Conditions of Sale shall prevail.
11. APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale and the contractual relations between PRODUITS PRESTIGES and the Purchaser shall be governed by the laws of Switzerland and shall be submitted to the jurisdictions of the Courts of the Canton of VAUD (Switzerland).