GTC

General Conditions of Sale (GTC)
 
 In the event of discrepancies resulting from the translation, the wording in the German version prevails. –

§ 1 Scope and Terms of Use 

1. These general terms and conditions of sale (GTC) exclusively govern the contractual relationship between the online store www.xquisitehairline.com belonging to the company Timeless Beauty and Fashion – Meyer, registered in the commercial register of the canton of Zug under the number d company CHE-170.1.010.747-6 and domiciled at Widenstrasse 25, 6317 Oberwil b. Zug and its customers (hereinafter referred to as “customers” or “buyers”) for the products offered on the site www.xquisitehairline.com

2. Only products sold via the online store of the site www.xquisitehairline.com are covered by these T&Cs.

3. These GCS exclusively regulate the contractual relations between the seller and its customers in the aforementioned sense. Contractual conditions of the customer which contradict or deviate from these GTC are not recognized, unless the seller has expressly accepted them in writing in special cases.

4. These General Terms and Conditions apply exclusively to private consumers. A consumer is any natural person who places an order for purposes which are not related to their commercial or independent professional activity, but to their private needs and which do not exceed normal consumption.

5. The Seller may supplement or modify the T&Cs at any time and at its own discretion. The respective version (approved) at the time of sending an offer by the customer is applicable (see § 3 clause 1).

6. For the use of our offers, the customer undertakes to provide truthful and complete information during the ordering process. If the customer fails to comply with this obligation, the seller expressly reserves the right to reject the customer’s orders. In this regard, the seller assumes no responsibility for incorrect information provided by the customer via the Internet store of the site www.xquisitehairline.com.

7. Seller ships worldwide. 

8. Likewise, reference is made to the separate legal notices on the website www.xquisitehairline.com

§ 2 Object of the contract

1. The subject of the contract is the items offered and to be purchased by the customer via the online store of the internet platform www.xquisitehairline.com (hereinafter referred to as the website).

2. The images of the products shown on the website, in particular the colors shown, may differ from the original product for technical reasons.

3. The photos on the website are for illustrative purposes only, they do not represent a binding offer and no guaranteed purchase characteristics can be derived from them.

§ 3 Conclusion of contract

1. When ordering in the online store, the products can be viewed in more detail by clicking on the product image in the product overview and they can be placed in the shopping cart via the “buy” link “. The contents of the shopping cart can be viewed at any time by clicking on the “shopping cart” link in the upper right corner of the online shop display (see corresponding image symbol). Selected products that can be viewed in the shopping cart can be ordered against payment by clicking on the “checkout” button. At checkout, after entering the personal information requested in the input mask (personal data) as well as the shipping method (i.e. indicating the delivery address), the customer can directly pay for the products he has selected beforehand via the “order with costs” button or send the order to the seller. With the order, the customer makes a binding offer to conclude a purchase contract. 

2. After ordering the desired products, the customer receives an order confirmation with the relevant information to his specified e-mail address. This automatically generated order confirmation email does not constitute acceptance of the offer, but merely documents that the Seller has received the order. Therefore, the seller is free to decide, even after this moment, whether or not to accept the order. Exceptionally (e.g. in the event of production problems, late delivery, etc.), the Seller may also withdraw from the sales transaction at this stage, in which case it will immediately inform the Buyer via the e-mail address provided and will then trigger the refund of the purchase price without delay.

3. The acceptance of the offer or the conclusion of the purchase contract takes place definitively by the electronic sending of a separate order/dispatch confirmation from the Seller to the e-mail address indicated by the Customer.

4. The seller has the right to withdraw from the contract even after conclusion of the contract and after payment of the purchase price, insofar as he cannot deliver the ordered goods for various reasons. In this case, the seller will immediately inform the customer of the unavailability of the requested products and will reimburse the amounts already paid within 25 days (the period begins to run from the date of notification of the unavailability). In this case, the Seller reserves the right to offer goods of the same price and quality with the aim of concluding a new contract for the purchase of goods of the same price and quality.

§ 4 Retention of the contract text / registration

1. The seller stores the order sent by the customer in the above-mentioned manner and the order data entered as part of the order process: this is personal information such as name, home address or business address and delivery address. Existing customers have the option of registering as customers by providing the above information. For the rest, reference is generally made to the data protection provisions of the external server of the Shopify provider.

§ 5 Prices and taxes

1. All product prices listed are exclusive of value added tax. The corresponding costs are borne by the customer depending on his place of residence in addition. The applicable shipping costs are shown separately (in the order process).

2. The seller delivers worldwide subject to deviating individual regulations within the meaning of § 1 Ziff. 7 and § 6 Ziff. 3.

3. Price changes and price errors are reserved.

§ 6 Terms of Payment and Shipping

1. The purchased goods must be paid for by invoice, credit card (VISA, MasterCard), post card, Paypal or TWINT by the customer during the ordering process. In the event of payment by TWINT or Paypal, the customer will be redirected directly from the ordering process to the corresponding payment pages of the third-party company and payment will be made immediately. The payment method by invoice is only available for customers accepted by the seller. 

2. Dispatch only takes place after receipt of payment by the seller.

4. Delivery takes place exclusively with Swiss Post as the forwarding company.

5. Dispatch takes place in all cases exclusively at the customer’s risk.

6. The risk of the goods sold is transferred to the customer as soon as the goods are handed over to the shipping company.

§ 7 Dispatch time

1. The expected shipping time is stated individually in the seller’s separate shipping confirmation. These are empirical values ​​and indicative values ​​of the shipping company, the actual delivery time may deviate from them.

2. If the ordered goods are not or no longer available after receipt of the order by the customer or after receipt of the order confirmation, the customer will be informed immediately. Partial deliveries are the exception, but permitted.

 § 8 Warranty and Liability

1. Unless otherwise agreed in writing between the parties, the legal provisions according to Art. 197 and following of the Swiss Code of Obligations apply to defects in the purchased goods.

2. The warranty period for asserting rights relating to defects in the purchased good is a maximum of 30 days from receipt of the product (receipt of delivery), both for individuals and for entrepreneurs or companies, and 1 year maximum in the event of hidden defects.

3. Defects of the purchased product that occur within the aforementioned warranty period (warranty period) must be reported to the seller immediately after their discovery, at the latest within 5 working days of discovery (timely notification of defects): In this regard, the Customer undertakes to send the Seller a written justification of the defect in question as well as a photo of the defective state via the e-mail address info@xquisitehairline.com. The Seller shall not be liable for any damage caused by the defect.

4. After examination of the allegedly defective product (based on the notice of defect in accordance with § 9point 3 above) and after confirmation of the defectiveness by the Seller, the Customer will be provided with a new product of the same type, free of default. In this case, the Seller bears the cost of shipping the replacement goods. Defective original merchandise must be returned to the seller. 

5. Any warranty is void or not covered by a warranty case, if the following claims are made by the customer:

– Damage and functional defects of the products caused by accidents, improper or abusive use (cuts, cracks, contamination, unnatural odors, discoloration, etc.), bending of the structure, storage in chemical substances not intended for this purpose and / or modifications, repairs or interventions by persons who do not have the necessary and demonstrable professional qualifications for this purpose.

– The consequences of normal wear or aging of the goods.

6. Any liability for third party or consequential damages as well as for loss of the purchased product is excluded. Seller is not responsible for damage caused by negligence.

7. The Seller is not liable for the error-free and/or constant availability of data communication via the Internet, nor for the error-free and uninterrupted availability of the online store / of the website. It is not responsible for technical and/or electronic errors occurring during an ordering process.

§ 9 Right of return / revocation

1. The customer may return the goods received without giving any reason within 30 days of receipt of the goods at the delivery address by returning the goods to the registered office of the seller (see § 1, para. 1 above). The prerequisite for exercising the right of return is that the items show no signs of use and are undamaged. The period begins to run from the receipt of the goods by the customer. 

2. In order to meet the deadline, the customer must first notify the return within 30 days of receipt of the goods electronically via the email address info@xquisitehairline.com and indicating the number of invoice. In addition, the return of the goods must also be made within 30 days of receipt of the goods (delivery to the shipping company, postmark as proof of compliance with the deadline). Merchandise to be returned must be sent to the following address:

Timeless Beauty and Fashion-Meyer
Widenstraße 25
6317 Oberwil b. Zug, Switzerland

3. If the contract is revoked by the buyer, the seller will reimburse all payments already made by the buyer (except for the outward and return shipping costs by the buyer) immediately and no later than no later than 30 days from the day on which the written notification of the revocation and, in addition, the object of sale returned by the buyer have been received by the seller. The refund of the purchase price is subject to the safe return of the products to the seller within the meaning of §10 clauses 1 and 2 above (products without signs of use). In the event of a reduction in the value of the returned products, the seller is entitled to retain the full purchase price.

4. If the object of sale has already been handed over to the Seller before receipt of the notice of cancellation, the aforementioned period begins to run upon receipt of the written notice of cancellation. The means of payment used for reimbursement by the Seller are the same as for payment by the Customer; subject to express and written derogations from the Seller. The refund will only be made if the cancellation has been made in time and after the Seller has received the products at the aforementioned address. 5.

5. The costs of returning the goods are the responsibility of the buyer.

6. In the event of effective return of a parcel of goods having benefited from free delivery, the seller must deduct the delivery costs from the amount to be reimbursed.

7. In the event of partial return of the goods, the customer who has benefited from free delivery must pay the delivery costs if the amount of the items kept is less than 299 CHF.

8. Reimbursement is made according to the method of payment used by the buyer. If this method of payment is no longer valid, the buyer must inform the seller when notifying the return. He must also provide a new means of payment and proof of identity.

§ 10 Retention of title

Goods delivered before full payment remain the property of the seller until full payment.

§ 11 Data protection

1. The data necessary for the use of the aforementioned platform is treated confidentially.

2. By using the platform, users or buyers expressly consent to the storage of data on the foreign external Shopify server(s) of the Swiss supplier of the seller, in accordance with the applicable data protection provisions. data.

3. For the rest, reference is made to the separate privacy policy of Shopify (specifically Shopify’s affiliate, Shopify Data Processing (USA) Inc. via the following link: https://www.shopify.com /legal/dpa.

§ 12 Copyright

1. The seller or the persons/companies named in the caption own the copyrights to all images and texts concerning the products for sale displayed on the aforementioned Internet platform. These works may only be used by third parties with the seller’s written consent.

§ 13 Final provisions

1. All transactions in connection with these conditions are governed exclusively by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the country of habitual residence of the customer, i.e. mandatory provisions applicable to EU private consumers, remain unaffected – only insofar as they are mandatory and there can be no be waived.

2. The place of jurisdiction for disputes arising from this contractual relationship – subject to deviating mandatory jurisdictions – is the competent Swiss court at the registered office of the seller (Court of the Canton of Zug).

3. If one or more clauses of these general conditions are invalid in whole or in part, this does not affect the validity of the other contractual provisions and these parts of the contract remain valid. In this case, the invalid or void provision shall not be replaced by a new legal provision whose economic effect comes as close as possible to that of the invalid or void provision. If an invalid contractual provision is not subsequently corrected, it will be replaced by a corresponding legal provision.