Our sign: C3180
Date: August 15, 2019 (v.0.2)
General Terms and Conditions of Tera Beauty GmbH
These general terms and conditions (“GTC”) apply to all legal transactions of Tera Beauty GmbH, Birmensdorferstrasse 122, 8902 Urdorf (hereinafter “Company”), which are concluded via the online shop at www.terabeauty.ch (hereinafter “online shop”).
By placing an order, the customer expressly declares acceptance of these terms and conditions. Conditions of the customer which conflict with or deviate from these GTC are not recognized by the company.
An offer applies as long as the product can be found in the online shop and / or is in stock. Deviations from these terms and conditions are only effective if the company confirms this in writing.
For all product orders with a legal requirement of a minimum age, the customer confirms with the order that they comply with these legal provisions.
Orders in non-household quantities can be rejected without justification.
The company reserves the right to change these terms and conditions at any time. Such changes take effect immediately upon publication.
The offers in the online shop are non-binding. The company endeavors to provide correct product descriptions, but these may differ from the description of a manufacturer. The company assumes no liability for the correctness, completeness and topicality of these descriptions. In any case, customers are required to read the specific product information on the product packaging before using it.
Illustrations of products made available in advertising, brochures, online shops etc. are for illustration purposes only and are also non-binding.
Subject to other offers, all prices are given in Swiss Francs (CHF). Unless otherwise agreed, the prices are plus transport costs and exclusive of VAT. The current prices are published in the online shop.
The company reserves the right to change prices at any time. In addition, any errors in the quotation are expressly reserved. The prices valid at the time the contract is concluded apply and can be called up via the online shop. For customers, the prices valid at the time the contract is concluded apply.
The delivery times specified by the company are non-binding unless otherwise expressly agreed in writing. The specification of certain delivery times and delivery dates by the company is subject to the correct and timely delivery by suppliers and manufacturers.
In particular due to production or delivery bottlenecks, delivery delays can occur both at the company itself and at dealers. All information on availability and delivery times are therefore without guarantee and can change at any time.
The products and prices in the online shop count as offers. However, this offer is always subject to the contract-dissolving condition of an impossibility of delivery or an incorrect pricing.
A purchase contract for offered products in the online shop is concluded with the company as soon as the customer places an order in the online shop, in one of the branches, by telephone or email.
The arrival of an order is notified to the customer by means of an order confirmation from the company to the email address provided. The receipt of the order confirmation does not contain any promise that the product can actually be delivered. It only indicates to the customer that the order placed has arrived at the online shop and that the contract with the company has come into being on the condition of the delivery option and the correct price.
Upon delivery, accessibility to the product must be guaranteed by the customer. The delivery address of the customer must be easily accessible by conventional means of transport, so that problem-free delivery can be guaranteed by involved transport companies. Additional delivery costs due to the difficult accessibility of the delivery location are borne by the customer.
The customer is obliged to accept the ordered products on the agreed or indicated delivery date. If the customer does not meet this obligation, the company can terminate the purchase contract and invoice the customer for the resulting delivery costs and any loss in value of the products.
The customer must immediately check delivered or picked up products for correctness, completeness and delivery damage. In the case of freight forwarding deliveries, any delivery damage must be noted on the delivery note
Delivery damage, incorrect and incomplete deliveries must be reported to the company in writing (by letter or email) within four calendar days from the time of collection or delivery. If this check is not carried out or is not carried out in good time, any claims from an incorrect, incomplete or otherwise objectionable delivery will expire. Without a timely notice of defect, the customer tacitly approves the delivered products, which means that the company can assume that the ordered products will be delivered properly. Incorrectly ordered, faulty or incomplete products are also considered approved if they are used by customers.
A guarantee for incorrect or defective goods is granted to a limited extent if the customer informs the company of this in writing and with a detailed description of the defect upon receipt of the delivery. In this constellation, the company can either remedy defects (e.g. through repairs), arrange for a reduction, deliver a replacement product in exchange or refund the purchase price against return of the product. Customers are not entitled to choose one of these options; the right to vote lies exclusively with the company.
A further warranty is excluded to the extent permitted by law.
The company makes no guarantees in the legal sense to its customers. Any manufacturer guarantees remain unaffected.
An exchange of products is – subject to the guarantee described in para. 6 – excluded.
Invoices are payable on receipt. Offsetting the amount invoiced against any claims by the client against the company is excluded.
The delivery is generally unfree, ie at the customer’s expense by parcel post, forwarding agent or own vehicle, unless expressly agreed otherwise.
A payment is only considered to have been made when the company can dispose of the amount. If the buyer is in arrears, the company is entitled to charge interest of 5% from the time in question. During the period of delay, the company is also entitled at any time to withdraw from the contract, to request the returned goods and to claim damages if the contract expires. All claims are due immediately if the customer defaults on payment. The same applies if other essential obligations from the contract are culpably not met or the company becomes aware of circumstances that give reason to doubt the creditworthiness of the clientele, in particular the suspension of payments or the opening of insolvency or bankruptcy proceedings. In these cases the company is entitled to
The ownership of the ordered products remains with the company until the purchase price has been paid in full. Up to this point in time, the clientele may not dispose of the products, especially not sell them.
The client agrees to the company that the company may unilaterally and possibly register the retention of title in the retention of title register.
Liability is based on the applicable statutory provisions.
To the extent permitted by law, the liability of the company for (a) slight negligence, (b) indirect and indirect damage, consequential damage and lost profit, (c) unrealized savings, (d) damage from delayed delivery and (e) any actions and omissions by vicarious agents or vicarious agents of the company, be it contractual or non-contractual.
The company is also not liable for damage that can be attributed to one of the following reasons:
improper, non-contractual or illegal storage, adjustment or use of the products;
Force majeure, in particular damage caused by the elements, moisture, falls and impact, etc., which are not the responsibility of the company, and official orders.
If timely fulfillment is prevented by the company, its suppliers or third parties brought in as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, storms, wars, civil unrest, revolutions and uprisings, terrorism, sabotage or strikes, so the company is released from the fulfillment of the affected obligations during the period of force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, the company can withdraw from the contract. The company must fully reimburse the client for any fees already paid.
Further financial claims, in particular any claims for damages, are excluded to the extent permitted by law.
The company may process and use the data recorded as part of the contract to fulfill the obligations under the contract. The company takes the measures necessary to secure the data in accordance with the statutory provisions. The customer fully agrees to the storage and contractual use of his data by the company. It is aware that the company is obliged by the order of courts or authorities and is entitled to disclose information from the customer to this or third parties.
If the customer has not expressly prohibited it, the company may use the data for marketing purposes and pass it on to its partners for advertising purposes. The data required to perform the service can also be passed on to commissioned service partners or other third parties.
The customer acknowledges that all rights related to the online shop to intangible goods such as names, names, brands, designs, concepts, images, etc. are exclusively claimed by the company, regardless of a legally recognized protection. In particular, the sale of products via the online shop does not give permission to use the company’s intangible goods.
Should any provision of this contract or an attachment to this contract be or become invalid, this does not affect the validity of the contract. The contractual parties will replace the ineffective provision with an effective provision that most closely corresponds to the intended economic purpose of the invalid provision. The same also applies to any contractual gaps.
These terms and conditions are subject to Swiss law, with the exclusion of the conflict of law provisions of the Federal Law on Private International Law of December 18, 1987 (IPRG; SR 291) and the United Nations Convention on Contracts for the International Sale of Products, concluded in Vienna on April 11, 1980 ( SR 0.221.221.1).
The place of performance and jurisdiction is the registered office of the company, unless there are mandatory legal provisions.
Urdorf, August 2019