Terms and Conditions
Table of Contents
1 Scope of Application
2 Registration
3 Formation of Contract
4 Prices
5 Collection at Business Premises
6 Delivery, Shipping Costs
7 Granting of Usage Rights for Digital Content and Software Licenses
8 Retention of Title, Withdrawal from Contract
9 Contract Duration and Termination for Subscription Contracts
10 Due Date and Payment
11 Withdrawal
12 Warranty and Liability
13 Addresses
14 Data Protection, Copyright, Trademark Rights
15 Final Provisions
Date: October 7, 2019
1) Scope of Application
The following General Terms and Conditions (GTC) apply to business relations between Neugel Divisions (hereinafter: face-shop.ch) and consumers or companies (hereinafter "Customer" or "Customers") in the version currently available and valid at the time of accessing the website or ordering goods, with regard to the goods presented by face-shop.ch in the online shop.
These GTC apply accordingly to contracts for the delivery of digital content, software licenses, or vouchers, unless a deviation has been expressly agreed upon. For the delivery of software licenses, the seller owes the provision of a license key for the use of available software. The customer does not acquire any intellectual property rights to the software. The respective product description is decisive for the quality of the software.
These GTC may refer to contracts for products (goods or services) in the form of a one-time delivery or also by way of permanent deliveries ("subscription contract"). In the case of a subscription contract, face-shop.ch undertakes to deliver the contractually owed product for the duration of the agreed contract term.
From time to time, the terms of use of the website, the privacy policy or these GTC of the online shop will be adapted, supplemented or changed. With each new access or visit to the website, the respective current, available versions apply. Please visit this page regularly to review the current provisions. Should we make significant changes to the privacy policy, we will inform you about it in a notice on our websites and/or in our mobile apps, as well as through an updated version of the privacy policy. If you do not agree with the changed provisions, we ask you to object in writing by email to contact@face-shop.ch and to delete your user profile, if you have created one, before the changes come into effect. Without your unsubscription, your user profile will continue to exist after the changes come into effect, subject to the changed provisions.
A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
Orders and deliveries are only possible within Switzerland and Liechtenstein. Orders can only be placed by persons aged 18 or older residing in Switzerland and Liechtenstein. Customers under 18 years of age require the signature of their legal representative.
These general terms and conditions apply exclusively. Conflicting or deviating terms and conditions of the customer will not be recognized, unless face-shop.ch has expressly agreed to them in writing in individual cases.
2) Formation of Contract
The presentation of face-shop.ch's assortment in the online shop does not constitute an offer to conclude a purchase contract with the customer. It is non-binding.
By clicking the "Buy Now" button, the customer submits a binding offer to purchase.
By placing an order with face-shop.ch via the Internet (online shop), email, or other communication channels, the customer submits an offer to conclude a purchase contract with Neugel Divisions. The customer receives a confirmation of receipt of the order ("order confirmation"). This confirmation does not constitute acceptance of the offer, but merely serves to inform the customer that the order has been received by Neugel Divisions. Neugel Divisions will, if necessary, separately inform the customer of any possible errors in the product range information on the website and submit a corresponding counter-offer.
The contract with face-shop.ch is concluded when Neugel Divisions expressly accepts this offer ("order confirmation") or by Neugel Divisions shipping the ordered product to the customer.
Acceptance is subject to legal permissibility and availability of the ordered goods or service. If face-shop.ch cannot accept the customer's offer, the customer will be informed of the unavailability instead of acceptance of the order. Temporarily unavailable products will be reserved for the customer; the customer's order remains valid.
3) Prices
For the purchase and ordering of goods and services, the prices stated at the time of purchase and order in Swiss Francs (CHF) apply. Price changes are reserved.
Price fluctuations are possible. The decisive factor is the price at the time the offer is made.
All prices include Swiss statutory value added tax (VAT) and, where applicable, the advanced recycling fee (ARF).
Shipping costs (between face-shop.ch and customers) are included in the prices.
4) Delivery, Shipping Costs face-shop.ch will deliver the ordered goods to the address specified by the customer in the order as quickly as possible. Neugel Divisions is entitled to partial deliveries and partial services at any time, provided these are reasonable for the customer. If partial deliveries are carried out by Neugel Divisions, Neugel Divisions will bear the additional postage costs.
Delivery will be made at the shipping costs indicated in each individual case.
The delivery time within Switzerland is normally 1-2 working days. Information on the estimated delivery time is non-binding.
Digital content, vouchers, and software license keys will be provided to the customer at face-shop.ch's discretion exclusively in electronic form (i) via download or (ii) via email.
5 Granting of Usage Rights for Digital Content and Software Licenses
Unless otherwise stated in the content description in the face-shop.ch online shop, face-shop.ch grants the customer a non-exclusive, geographically and temporally unlimited right to use the provided content for private and business purposes.
The provision of a license key for a software license entitles the customer to use the software or content as specified in the respective product description and license terms, to the extent described therein.
Transferring the content to third parties or creating copies for third parties outside the scope of these GTC or the license terms is not permitted, unless the seller has agreed to a transfer of the license that is the subject of the contract to the third party.
The granting of rights only becomes effective when the customer has fully paid the contractually owed remuneration.
6) Retention of Title, Withdrawal from Contract
All delivered goods remain the property of face-shop.ch until full payment.
If the customer acts in breach of contract, in particular if the customer fails to fulfill their payment obligation despite a reminder from face-shop.ch, face-shop.ch may, after setting a reasonable deadline, withdraw from the contract and demand the return of the goods still in its possession. The return of the goods or seizure by face-shop.ch constitutes a withdrawal from the contract. The customer bears the shipping costs incurred thereby. Neugel Divisions is authorized to dispose of the goods after their return.
face-shop.ch reserves the right not to enter into a contract if the credit check result is negative.
7) Contract Duration and Termination for Subscription Contracts
Subscription contracts are concluded for an indefinite period, but at least for the minimum term indicated in the respective product description in the face-shop.ch online shop. The subscription contract can be terminated at any time at the end of the minimum term during the minimum term, and at any time after the expiry of the minimum term, with a notice period of 14 days in writing or by fax/email to the addresses specified in Section 13.
The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the mutual interests, the continuation of the contractual relationship until the agreed termination or until the expiry of a notice period cannot reasonably be expected of the terminating party.
8) Due Date and Payment
face-shop.ch only accepts the payment methods displayed to the customer (in the online shop) during the ordering process. face-shop.ch reserves the right to agree on a different payment method with its customers in writing than mentioned in this section.
For payment processing via the online shop, face-shop.ch uses invoice as a payment method.
Purchase on account with partial payment option (POWERPAY)
As an external payment service provider, MF Group / POWERPAY offers the payment method "purchase on account". With the order invoice, you can easily pay for your online purchase by invoice. If you refrain from paying within the specified timeframe, you will subsequently receive a monthly invoice with an order overview in the following month.
Upon conclusion of the purchase contract, POWERPAY assumes the resulting invoice claim and handles the corresponding payment modalities. When purchasing on account, you accept, in addition to our GTC, the GTC of POWERPAY. (powerpay.ch/de/agb).
9) Withdrawal
The customer is entitled to withdraw their declaration of intent aimed at concluding the contract without stating reasons within a maximum of 30 days after receipt of the goods by returning the goods to face-shop.ch. The customer must additionally notify the withdrawal in writing (e.g. letter, e-mail, fax) within the same period. The period begins on the day of dispatch or collection of the goods. Timely dispatch of the goods is sufficient to meet the withdrawal period. The withdrawal in text form must be sent to the address specified in Section 13 or by e-mail to contact@face-shop.ch. The customer bears the burden of proof for the dispatch of the goods to be returned.
The right of withdrawal is excluded and does not apply to:
- Delivery of goods that were custom-made specifically for the customer or that are clearly tailored to the customer's personal needs. The customer is obliged to accept and pay for all parts without exception;
- Delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- Deliveries of medicines cannot be returned;
- Delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
- Contracts for the provision of services in connection with leisure activities, unless otherwise agreed, if the contract provides for a specific date or period for the provision.
In the event of an effective withdrawal or cancellation of the contract, both parties must return the services already received. If the customer can only return the received goods in a deteriorated condition, they must compensate face-shop.ch for the diminished value.
The customer bears the costs and risk of returning the goods, unless the delivered goods do not correspond to the ordered goods.
Until the goods are completely returned, face-shop.ch will exercise its right of retention.
In the event of exclusion of withdrawal and return, the customer shall bear the costs of redelivery to them if the goods are returned to us.
10) Warranty and Liability
If the delivered goods are defective at the time of transfer of risk, e.g., manufacturing defects, or if a wrong delivery has occurred, the customer is exclusively entitled to rectification or replacement (substitute delivery). If the substitute delivery fails, the customer may demand the cancellation of the purchase. The claim expires if the customer does not notify face-shop.ch of the defect or wrong delivery within 10 days of receipt of the goods by email to contact@face-shop.ch, telephone, fax or post.
Liability is governed by the applicable statutory provisions. The liability of face-shop.ch is excluded in cases of (i) slight negligence, (ii) indirect and consequential damages and lost profits, (iii) unrealized savings, (iv) damages from delayed delivery, and (v) any acts and omissions of auxiliary persons of Neugel Divisions, whether contractual or non-contractual.
Furthermore, face-shop.ch is not liable for damages resulting from any of the following causes:
- improper, non-contractual, or unlawful storage, installation, or use of the products;
- use of incompatible spare parts or accessories (e.g., power supply);
- failure to perform maintenance and/or improper modification or repair of the products by the customer or a third party;
- force majeure, in particular elemental, moisture, fall, and impact damage, etc., for which face-shop.ch is not responsible, and official orders.
For defects, delays in performance, and damages arising from the performance of services (e.g., on-site installations), the service provider commissioned with the performance is liable.
The liability of face-shop.ch is excluded for any printing errors in advertising materials, data errors in the online shop, incorrect price labeling, errors in illustrations, product descriptions, or other texts such as voucher or discount promotions, or delayed or failed delivery.
Stripe
These Terms of Use for the Stripe Checkout Service are a legal agreement between Stripe Payments Europe, Limited ("Stripe", "face-shop.ch" (we)) and you, the user of the Stripe Checkout Service ("you"). By using the Stripe Checkout Service, you agree to these Terms of Use. https://stripe.com/de/checkout/legal
11) Addresses
Provider and contractual partner of the offers on this website:
Neugel Divisions, Schäppi-Naefstrasse 1, CH-8942 Oberrieden, Tel.
+41 77 138 04 53, contact@face-shop.ch, www.face-shop.ch
12) Data Protection, Copyright, Trademark Rights
The privacy policy at Datenschutzerklärung is an integral part of these GTC. By accepting these GTC, the customer also agrees to the privacy policy.
All trademark, image, and copyright rights belong to face-shop.ch or its partners. The downloading, saving, copying, or printing of data, images, and PDF files, even in extracts, requires the written permission of Neugel Divisions. All rights reserved. Any further use by the customer for purposes other than those serving the product's purpose is prohibited.
13) Final Provisions
All legal relationships between the customer and face-shop.ch are subject to Swiss law, excluding the Vienna Sales Convention.
The place of jurisdiction is Oberrieden. However, face-shop.ch also has the right to sue the customer at their domicile/seat or at any other competent court.
Should individual provisions of these General Terms and Conditions, including this regulation, be wholly or partially invalid, or should the terms contain a loophole, the validity of the remaining parts shall remain unaffected. In place of the invalid or missing provisions, the respective legal regulations or, if not available, provisions that correspond to the meaning of the invalid provisions shall apply.