Terms and Conditions 2022
terms and conditions
The general terms and conditions (hereinafter referred to as "GTC") apply to all legal transactions (services (treatments/training) and products) with UNEW Beauty Couture AG (hereinafter referred to as "UBCAG") or via the sales channels operated by UBCAG (cosmetics institute, online shops) and/or based on the information and prices contained therein.
These are the following brands / sales channels.
- LuXme Beauty Club - Cosmetic Institute
- LuXme Beauty Club - B2C Retail Onlineshop
- Noveau Lashes - B2B online shop
- Bio Sculpture - B2B Onlineshop
- Luxury plasma liner - B2B online shop
UBCAG reserves the right to change the terms and conditions at any time. The terms and conditions cannot be changed unilaterally by the customer and deviating conditions of the customer will not be recognized.
The version of the General Terms and Conditions valid at the time of booking a service or ordering products in an online shop operated by UBCAG is decisive.
The offers are valid as long as the products, treatments and services can be found in the online shop and/or the products are in stock.
The offers of products in the online shop are aimed exclusively at customers with a place of residence or company headquarters in Switzerland and Lichtenstein. Deliveries are made exclusively to an address in Switzerland or Liechtenstein.
Orders for which a manufacturer requires a treatment or product-specific certification and this cannot be presented, or the quantities suggest resale to non-end users can be rejected without justification.
For all product orders with special legal requirements such as product approval tests, age restrictions, etc., the customer confirms compliance with these legal provisions with the order.
2.1 Product and Price
The images of products in advertising, brochures, flyers, etc. are for illustration purposes, including all information regarding the products, treatments and services in the online shops, these are non-binding, as they are compiled and presented as customer-friendly as possible.
The information provided by the manufacturer (e.g. manufacturer's guarantee) is decisive if a guarantee is offered and is valid in Switzerland.
Sales prices All sales prices published in the online shop luxme-beautyclub.ch and luxme.ch are final prices, which include value added tax (VAT) and any early recycling fees (ARF).
Costs for packaging/s as well as the delivery costs and any other duties or fees are described in the terms of payment, delivery terms and delivery costs and may vary depending on the product, payment method and delivery method.
In addition to the final price, a minimum quantity surcharge of a maximum of €10.00 can be charged if the sum of the shopping cart is less than €100.00 for an order.
UBCAG reserves the right to change the prices of the products, treatments and services offered at any time. The prices published in the online shop at the time of the order are decisive for the conclusion of the purchase contract.
Paid additional services ordered such as express delivery, transport insurance, etc. are listed separately in the shopping cart and on the invoice.
2.2 Availability and Delivery Time
UBCAG attaches great importance to providing up-to-date information on availability and delivery times in the online shop as precisely as possible. However, due to production and/or delivery bottlenecks in particular, delivery delays can occur both at UBCAG itself and at the suppliers and manufacturers. All information on availability and delivery times are subject to change and may change at any time.
3 CONCLUSION OF CONTRACT
Products, treatments, training courses and services and their prices on the website or in the online shop are considered offers. However, this offer is always subject to the contract-dissolving condition of an impossibility to provide services, an impossibility to deliver or an incorrect price.
The purchase contract for the products offered, UBCAG with UBCAG, is concluded as soon as the customer places an order in the online shop, in the LuXme Beauty Club in Cham, by telephone or e-mail.
An order is made for the treatments, training courses and other services offered by UBCAG with UBCAG, which are appointment reservations.
The arrival of an online order for products is sent to the customer by means of an automatically generated order confirmation from UBCAG to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not contain any promise that the product can actually be delivered. It only shows the customer that the order has arrived at UBCAG via the online shop and that the contract with UBCAG has therefore been concluded subject to the condition of delivery and the correct price.
In the case of training, the contract is deemed to have been concluded when the training date has been confirmed. In the case of treatments, the contract is deemed to have been concluded when an appointment has been made. Note: An appointment is an order within the meaning of the Swiss Code of Obligations (OR) Art. 394ff and is therefore a valid contract.
4 DELIVERY DATE
As a rule, the orders are executed within 48 hours after receipt of the order. If it is not possible to deliver the entire order, a partial delivery will be made. The customer does not bear any additional costs for subsequent delivery.
If UBCAG is in default of delivery, the customer (except for special orders) has the right to withdraw from the contract from the 30th calendar day after the originally announced delivery date. In this case, UBCAG reimburses the customer for the amounts already paid in advance. Any further claims against UBCAG do not exist.
5 DELIVERY / COLLECTION
In the case of UBCAG products, the customer has all the delivery and collection options that are listed in the relevant online shop operated by UBCAG under "Delivery and collection".
Ordered products can only be picked up at UBCAG's business location by prior arrangement by telephone.
The delivery address must be in Switzerland or Liechtenstein. If this is not the case, the order will be canceled and no contract will have been formed.
If the customer chooses a delivery address that differs from the billing address, the customer is responsible for ensuring that access to the delivery location is possible and guaranteed.
If the product cannot be transported to the place of delivery, the customer shall bear any additional costs.
If the customer does not accept the ordered products on the agreed or indicated delivery date and place of delivery, UBCAG can dissolve (cancel) the contract and reimburse the customer for the delivery costs incurred and compensation for expenses of at least 30% of the order value
but € 100.– as well as any loss in value of the ordered products.
6 MANDATORY INSPECTION
The customer must immediately check the delivered or collected products for correctness, completeness and delivery damage.
In the case of forwarding deliveries, any delivery damage must be noted on the delivery note.
Delivery damage, incorrect and incomplete deliveries must be reported to UBCAG for all products within 5 calendar days of the time of collection or delivery.
The customer is aware that such a message must be sent by email, stating the order number and with the subject "Return and guarantee". The customer may not use damaged or defective products. He has to keep them in the original packaging as received and to follow the instructions of the guided return and returns process.
7.1 Basic Provisions
There is no guarantee for cosmetic products.
The following applies to non-cosmetic products.
After delivery or collection, UBCAG only assumes the warranty for defects and functionality of the ordered products if they can be provided within the timeframe indicated by the supplier. UBCAG may choose to provide the warranty through
a) Free repairs b) Partial and full replacement with an equivalent product c) Credit at the current price, up to a maximum of the sales price at the time of the order d) Reduction
provide. A replacement of a used product is not applicable in any case.
Consumable parts such as batteries, rechargeable batteries, mains cables, adapters and lamps require both UBCAG and the suppliers to completely void the warranty. Otherwise, the exclusions of liability according to Section 8 apply.
If the manufacturer's warranty goes beyond UBCAG's warranty, UBCAG will also grant this to the customer.
Both UBCAG and the suppliers can provide the customer with a replacement device / replacement device at their own discretion while the warranty claim is being checked (exchange subject to change). This takes place under the (suspensive) condition that a warranty case actually exists. Thus, the customer only acquires ownership of the replacement product at the time of the warranty promise by UBCAG or the supplier. If UBCAG or the supplier rejects a warranty case, the customer can purchase the replacement device at the value of the goods at the time of delivery, or they are obliged to send the replacement device back at their own expense.
7.2 Additional Provisions Demonstration Products
Other provisions apply to products that are marked as "demonstration products" in the online shop. They may have slight visual imperfections or be refurbished products, which is why they are sold at a reduced price. These optical defects are excluded from the warranty and are disclosed in the item details.
Furthermore, there is no warranty period for these products and they cannot be returned. The buyer is aware that he is purchasing a used product and that UBCAG or the supplier rejects any liability in this connection.
8 LIABILITY AND DISCLAIMER
Liability is based on the applicable legal provisions. However, UBCAG or the supplier are not liable under any circumstances
(i) slight negligence
(ii) indirect, consequential and consequential damages and lost profits
(iii) unrealized savings
(iv) Damage resulting from delayed delivery
(v) any acts or omissions of UBC's agents or any supplier, whether contractual or non-contractual.
Furthermore, UBCAG or the suppliers of UBCAG are not liable for damage that can be attributed to one of the following causes:
Improper, non-contractual or illegal storage, adjustment or use of the products;
use of incompatible spare parts or accessories (e.g. power supply); failure to maintain and/or improper modification or repair of the Products by Customer or a third party; force majeure, in particular natural hazards, moisture, fall and impact damage, etc., for which UBCAG is not responsible, and official orders.
Furthermore, the conditions listed separately in the disclaimer are an integral part of the general terms and conditions
9.1 Payment Options
UBCAG asserts all payment claims for products, treatments and services purchased via UBCAG's sales channels directly from the customer.
Payments must be made in euros.
Cash payment is possible for UBCAG products in the event of collection as well as for treatments and services in the cosmetics institute operated by UBCAG.
The customer can use the payment options offered in the online shop under "Payment options".
The customer acknowledges that additional fees may apply when paying in the online shop by credit card or PayPal.
In the cosmetics institute operated by UBCAG, customers can pay with TWINT, AMEX, VISA and EUROCARD in addition to cash and EC.
When paying by credit card or other means of immediate payment, the debit is made immediately upon payment.
In the case of prepayment, delivery will only take place after receipt of payment. The products in the central warehouse of UBCAG are reserved until the payment period of a maximum of 10 calendar days has expired. For products that have to be ordered from a supplier of UBCAG (special order), the external order is only placed after receipt of payment.
The current fees can be seen under "Payment options" and are shown in detail in the ordering process.
When purchasing on account, the customer is obliged to pay the invoice amount within 10 calendar days of receipt of the delivery without any (discount) deduction. In the case of a partial return of the delivered products, the invoice amount can be reduced accordingly after written agreement with UBCAG.
9.2 Late Payment
If the customer does not meet his payment obligations in whole or in part, all outstanding amounts that UBCAG owes under any title are due immediately (in the case of advance payment within 8 calendar days of the 1st reminder) and UBCAG can demand them immediately and further deliveries of products to the hire customers.
UBCAG charges an administrative fee of €10 for the 2nd reminder and an administrative fee of €20 for the 3rd reminder. In the event of unsuccessful reminders, the invoice amounts can be assigned to a company commissioned with collection. In this case, an effective annual interest rate of up to 15% can also be charged on the invoice amount owed from the due date. The company commissioned with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.
9.3 Retention of Title
Ordered products remain the property of UBCAG until full payment has been made to UBCAG. UBCAG is entitled to make a corresponding entry in the retention of title register. Before the transfer of ownership, pledging, assignment as security, processing or transformation is not permitted without the express consent of UBCAG.
10 MODIFICATION OR CANCELLATION
Orders oblige the customer to accept the products and services. Subsequent changes or cancellations of the customer's orders can be accepted by UBCAG at its own discretion and a handling fee of 30% of the canceled order value, at least
but € 100, as well as any loss in value of the canceled products since they were ordered. If a (partial) delivery impossibility (condition subsequent) occurs after an order or the conclusion of a contract in accordance with Section 3, the customer will be informed immediately by e-mail. If the customer has already paid for the products and services, this amount will be refunded in full or in part. If payment has not yet been made, the customer is completely or partially released from the obligation to pay. Further claims due to delay in delivery or delivery failure are excluded.
Appointment reservations oblige the customer to keep these appointments. An agreed appointment can be rebooked or canceled up to 24 hours before the event is to take place. UBCAG can, at its own discretion, accept appointment changes or cancellations of appointment reservations made by the customer within less than 24 hours and charge a compensation of 50% of the canceled treatment value, but at least € 100, as well as any costs for special preparations / preparatory work of the canceled treatment place.
Training dates oblige the customer to participate. Subsequent changes or cancellations by the customer can be accepted by UBCAG at its own discretion and invoice up to 50% of the canceled training amount, but at least € 100.–.
Training courses conducted by UBCAG
Canceled up to 30 calendar days before the event will be 100% refunded.
Canceled up to 15 calendar days before the event will be refunded at 50%.
canceled less than 15 calendar days before the event will not be refunded.
Training courses conducted by authorized training centers are subject to the terms and conditions of the partner company.
UBCAG rejects any liability for this.
11 RETURNS OF GOODS WITHOUT DEFECTS
Under the conditions listed in the return guidelines, UBCAG grants the right to return the ordered products within a maximum of 7 calendar days of receipt.
Customers must report the return of the products to UBCAG by email with the subject "Return and Guarantee" and follow the instructions for the guided return process. The products must be properly packed with all accessories in the original packaging. Damaged products and products with damaged packaging will not be taken back or will be charged in full to the customer.
If the customer makes use of his right of return according to the return conditions mentioned above, UBC will only refund the purchase price of the products. Expenses, fees and any small-volume surcharges paid will not be reimbursed.
12 NON-WARRANTY REPAIR
The costs for a repair outside of the warranty according to clause 7 shall be borne by the customer. In the case of devices that do not have any identifiable defects or for which the defect does not fall under the warranty in accordance with Section 7, the costs for checking the claimed defect and the shipping costs will be charged to the customer.
13 OTHER PROVISIONS
13.1 Unaccountable Returns
Returns that cannot be assigned to a customer or returned to the customer will be kept by de UBCAG for six months and then disposed of.
13.2 Guaranteed Goods Not Collected or Deliverable
If goods that are related to the provision of warranty according to Section 7 are not collected from UBC within three months of the customer having been sent the collection request, UBCAG is entitled to dispose of the goods, in particular to dispose of them.
The data protection declaration under data protection declaration is an integral part of these General Terms and Conditions. By accepting these terms and conditions, the customer also agrees to the data protection declaration.
13.4 Partial Invalidity
Should individual provisions of the General Terms and Conditions be invalid or ineffective, this has no effect on the effectiveness of the remaining provisions of these General Terms and Conditions.
13.5 Jurisdiction and Applicable Law
All legal relationships between UBCAG and the customer are subject to substantive Swiss law. The Vienna Sales Convention is not applicable. Exclusive place of jurisdiction is Zug / Switzerland.
13.6 Copyright Notice
All rights, namely copyrights, to these General Terms and Conditions are held by UBCAG.
Any duplication, distribution or other use is prohibited and only permitted with the express written consent of UBCAG. In the event of a violation, UBC reserves the right to take any legal action.
UNEW Beauty Couture AG
Cham, December 2021