Terms of service

 

General Terms and Conditions (GTC)

Swiss Detox Sàrl, Poststrasse 13, CH-6300 Zug, 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) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. 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. Customers within the meaning of the Terms and Conditions are both consumers and entrepreneurs.

(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 look slightly different from the goods presented on the Internet due to the technical presentation possibilities. In this respect, color deviations may occur.

(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 E-mail.

The purchase contract is concluded

a) with the sending of a separate e-mail with an order confirmation or
b) with the delivery of the goods or
c) when the customer is requested to make payment by the seller after placing the order,

whereby in the event of the occurrence of several alternatives, the one which is earlier in time shall be decisive for the conclusion of the contract. The Seller is entitled to accept the contractual offer contained in the order within 2 working days.

(4) The conclusion of the contract shall be subject to the proviso that the Seller shall not be obliged to perform in the event of incorrect self-delivery. 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 unavailability 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) In the case of consumers, the seller retains ownership of the goods until the purchase price has been paid in full. For entrepreneurs, the seller retains ownership of the goods until full settlement of all claims arising from an ongoing business relationship.

(2) In the event that the Customer acts in breach of contract, in particular in the event of default in payment, in the event that 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 Entrepreneur 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 entrepreneur is authorized to collect the claim. The Seller reserves the right to collect the claim itself as soon as the Entrepreneur 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 on the seller.


§ 4 Remuneration
(1) The stated purchase price is binding. The purchase price includes the statutory sales tax. The additional shipping costs incurred during shipping are included in the overview "Payment and Shipping". 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 the deadline, the customer is in default of payment. During the delay the consumer has to pay interest on the money debt in the amount of 5 percentage points above the base interest rate. During the period of default, the entrepreneur shall pay interest on the debt in the amount of 9 percentage points above the base interest rate. The Entrepreneur shall also owe a lump-sum payment of 40 euros in the event of default on a claim for payment. This shall also apply if the Entrepreneur is in default with a payment on account or any other installment payment. The Seller reserves the right to claim higher damages for default from the Entrepreneur. 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 only exercise a right of retention if his counterclaim is based on the same contractual relationship.


§ 5 Payment options
(1) Customers can pay the purchase price by credit card, PayPal or via Klarna - within the framework of the so-called EXPRESS CHECKOUT by GooglePay, ApplePay, ShopPay or PayPal.

(2) Further information on the means of payment can be found in the overview "Shipping and Payment" [LINK] as well as in the customer information and the privacy statement on the website of the seller.


§ 6 Delivery (shipment or provision)
(1) The Seller delivers exclusively to the countries specified in the overview "Payment and Shipping".

(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) If payment is made by PayPal, ApplePay Google Pay or credit card, the delivery period begins one day after the payment instruction has been made. For all other payment methods, the period begins one day after the order.

(4) Information on the delivery time for delivery to other countries can be found in the customer information and in the overview "Payment and Shipping" on the website of the seller.

(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) If digital products (Section 327 (1) of the German Civil Code) must be provided, Section 6 (2-5) shall apply mutatis mutandis to the period until provision.

(7) With regard to the reservation of proper self-delivery, the Seller refers to § 2 para. 4 of these GTC.

(8) The Seller shall be entitled to make a partial delivery, insofar as a partial delivery is reasonable for the Customer, taking into account its interests. This shall not affect the content of the contract, in particular the performance owed by the Seller or the agreed performance period. The customer shall not incur any additional costs as a result of the partial delivery.


§ 7 Transfer of risk
(1) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon handover of the goods, even in the case of a mail order purchase.

(2) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover, in the case of sale to destination upon delivery of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

(3) The handover shall be the same if the Customer is in default of acceptance.


§ 8 Warranty
(1) The customer is entitled to a statutory warranty right, which is modified according to §§ 8, 9 of these GTC. For digital products (§ 327 para. 1 and para. 5 BGB) and goods with digital elements (§ 327a para. 3 BGB) the consumer is entitled to the statutory warranty right without the modification of § 8 but with the modification of § 9 of these GTC.

(2) Ordered goods may differ slightly in color from the goods depicted on the Internet. Reference is made to § 2 para. 1 of these GTC.

(3) Consumers have the choice whether to demand subsequent performance by repair or replacement delivery; § 475 para. 5 BGB remains unaffected. The Seller shall be entitled to refuse the type of subsequent performance chosen or to refuse subsequent performance altogether if it is only possible at disproportionate cost. In the case of companies, the Seller shall initially provide warranty for defects in the goods at its discretion by rectification or replacement delivery. The customer shall be entitled to the further secondary rights of warranty under the statutory conditions.

(4) Entrepreneurs 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.

(5) If the Customer is an entrepreneur, only the Seller's product description shall be deemed agreed as the quality of the goods. Public statements, promotion or advertising by the manufacturer shall not constitute a contractual quality of the goods.

(6) The limitation period for consumers is 2 years from delivery of the goods. If a defect has become apparent to the consumer within the limitation period, the limitation period shall not begin to run before the expiry of 4 months after the time at which the defect first became apparent. If the consumer has handed over the goods to the entrepreneur or, at the entrepreneur's instigation, to a third party for the purpose of subsequent performance or for the fulfillment of claims under a warranty, the limitation period for claims based on the asserted defect shall not start to run before the expiry of 2 months after the time when the repaired or replaced goods were handed over to the consumer.

(7) The limitation period for entrepreneurs is 1 year from delivery. The statutory regulation shall apply in the following cases: if the Seller can be accused of gross negligence, if the Seller has fraudulently concealed a defect, in the case of bodily injury and damage to health attributable to the Seller and in the case of loss of life of the entrepreneur, in the case of a guarantee as well as in the case of delivery recourse pursuant to § 478 BGB and in the case of delivery recourse pursuant to § 327 u BGB. The Seller's liability under the Product Liability Act shall remain unaffected.

(8) The Seller does not give any guarantees to the Customer in the legal sense, 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 foreseeable, contract-typical average damage according to the type of goods. This shall also apply in the case of slightly negligent breaches of duty by the Seller's legal representatives or vicarious agents. 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,Dispute Resolution
(1) The law of the Federal Republic of Germany 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 22 para. 1, 2 p. 7, 9 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. This shall not affect the jurisdiction based on an exclusive place of jurisdiction.

(3) We are obliged to inform you that with regard to the so-called online dispute resolution, the European Commission provides a corresponding online platform. You can access this platform at the following link: https://ec.europa.eu/consumers/odr. In this context, we are also obliged to inform you of our e-mail address. This is: info@swissdetox.com

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.


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