General Terms and Conditions (GTC)
The following General Terms and Conditions (GTC) govern the sale of products by SC-International AG, represented by: Ingrid Bregenzer, Neugasse 26, 9000 St. Gallen, Switzerland, telephone: +41 71 663 77 77, E-mail: info@dermasr.ch, via the online shop at ‘https://www.dermasr.com/ch’.
§ 1 SCOPE OF APPLICATION
These General Terms and Conditions (GTC) apply to all contracts concluded via the online shop www.dermasr.com/ch between SC-International AG (hereinafter referred to as the ‘Provider’) and its customers. They apply both to consumers within the meaning of Swiss consumer protection law (B2C) and to entrepreneurs within the meaning of Art. 14 OR (B2B). Conflicting or deviating terms and conditions of business customers shall not be recognised unless the Provider expressly agrees to their validity in writing.
§ 2 CONCLUSION OF CONTRACT
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order. By completing the electronic ordering process , the customer submits a binding offer to conclude a contract. The contract is only concluded upon express declaration of acceptance (e.g. order confirmation by e-mail) or upon dispatch of the goods. The provider reserves the right to refuse orders without giving reasons.
§ 3 PRICES AND TERMS OF PAYMENT
All prices are quoted in Swiss francs (CHF). Unless otherwise indicated, prices include statutory value added tax (B2C) or exclude value added tax (B2B). Shipping costs are shown separately. Payment is made using the payment methods offered in the online shop. In the event of late payment, the provider is entitled to charge interest on arrears in accordance with Art. 104 of the Swiss Code of Obligations. Business customers shall also bear all collection and enforcement costs.
The provider reserves the right to change prices and conditions. The price listed in the online shop at the time the offer is made shall form part of the contract. Promotional prices are valid exclusively during the respective promotional period.
§ 4 DELIVERY AND TRANSFER OF RISK
Delivery shall be made to the address specified by the customer. For consumers (B2C), the risk is transferred to the customer upon delivery of the goods. For business customers (B2B), the benefits and risks are transferred to the customer upon delivery to the transport company in accordance with Art. 185 of the Swiss Code of Obligations. Partial deliveries are permitted provided they are reasonable for the customer.& nbsp;Transfer of risk: the supplier is not liable for any fault on the part of the transport company or transport personnel.
The delivered goods remain the property of SC-International AG until all claims arising from the respective contract have been paid in full. The supplier is entitled to have a corresponding retention of title entered in the retention of title register.
§ 6 DUTY TO INSPECT AND WARRANTY
The statutory warranty provisions apply to consumers. Business customers are obliged to inspect the goods immediately upon receipt and to report any defects in writing within 7 calendar days (Art. 201 OR). If the goods are not reported in good time, they shall be deemed to have been approved. The following are excluded from the warranty Damage resulting from improper use, failure to follow instructions for use or natural wear and tear. For hygiene reasons and for safety reasons, hygiene items, opened pigments or customised products cannot be returned. For consumers, the statutory warranty provisions apply.
There is generally no statutory right of withdrawal under Swiss law. If the provider voluntarily grants a right of withdrawal, the conditions published in the online shop apply. Opened hygiene products, customised products and sealed goods with removed protective seals are excluded from withdrawal.
§ 8 LIABILITY
The provider's liability is limited to intent and gross negligence, to the extent permitted by law. Liability for indirect damage, consequential damage, loss of profit or loss of production is excluded. The limitation of liability does not apply to personal injury or to mandatory statutory liability provisions.
Professional products, especially in the field of Permanent make up, derma needling or cosmetics, must be used exclusively in accordance with the respective training and application instructions. Business customers are responsible for complying with all professional, hygiene and regulatory requirements. Liability for incorrect use by specialist personnel is excluded.
§ 10 DATA PROTECTION
Personal data is processed in accordance with the data protection declaration at www.dermasr.com/ch and in accordance with the Swiss Data Protection Act (DSG).
§ 11 APPLICABLE LAW AND PLACE OF JURISDICTION
Swiss substantive law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is St. Gallen, Switzerland. For consumers, the mandatory jurisdiction provisions of Swiss law apply.