Terms and Conditions
1 SCOPE OF APPLICATION
The General Terms and Conditions (hereinafter referred to as the "GTC") apply to all legal transactions (services (treatments / training) and products) concluded with UNEW Beauty Couture AG (hereinafter referred to as "UBCAG") or via its distribution channels operated by UBCAG (Cosmetics Institute, online shops) and/or based on the information and price details contained therein.
These are the following brands / distribution channels.
- LuXme Beauty Club - Cosmetics Institute
- LuXme Beauty Club - B2C Retail Online Shop
- Noveau Lashes - B2B Online Shop
- Bio Sculpture - B2B Online Shop
- LuxusPlasma Liner - B2B Online Shop
UBCAG reserves the right to amend the General Terms and Conditions at any time. The General Terms and Conditions may not be amended unilaterally by the customer, and differing customer terms will not be accepted.
The version of the General Terms and Conditions applicable at the time a service is booked or products are ordered in an online shop operated by UBCAG is authoritative.
The offers are valid as long as the products, treatments, and services can be found in the online shop and/or sufficient product stock is available.
The product offers in the online shop are intended exclusively for customers residing or having their registered office in Switzerland or Liechtenstein. Deliveries are made exclusively to an address in Switzerland or Liechtenstein.
Orders for which a manufacturer requires treatment- or product-specific certifications that cannot be provided, or whose quantities suggest resale to non-end consumers, may be rejected without justification.
For all product orders subject to special legal requirements, such as product approval checks, age restrictions, etc., the customer confirms compliance with these legal provisions by placing the order.
2 INFORMATION
2.1 Product and price
Images of products in advertisements, brochures, flyers, etc. are for illustrative purposes; this also applies to all information concerning the products, treatments, and services in the online shops. This information is non-binding, as it is compiled and presented in a manner intended to be as customer-friendly as possible.
The manufacturer's information (e.g. manufacturer's warranty) is authoritative, provided that a warranty is offered and is valid in Switzerland.
Sales prices All sales prices published in the online shops luxme-beautyclub.ch and luxme.ch are final prices that include value-added tax (VAT) and any applicable advance recycling fees (ARF).
The costs for packaging, delivery, and any other applicable charges or fees are described in the payment terms, delivery terms, and delivery costs and may vary depending on the product, payment method, and delivery method.
In addition to the final price, a small-order surcharge of up to € 10.00 may be charged if the total shopping cart value is less than € 100.00.
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 the order is placed are decisive for the conclusion of the purchase contract.
Ordered chargeable additional services, such as express delivery and transport insurance, are listed separately in the shopping cart and on the invoice.
2.2 Availability and delivery time
UBCAG attaches great importance to stating availability and delivery times in the online shop in an up-to-date and as accurate a manner as possible. However, delivery delays may occur at UBCAG itself, as well as at suppliers and manufacturers, particularly due to production and/or supply shortages. All information regarding availability and delivery times is provided without guarantee and may change at any time.
3 CONCLUSION OF THE CONTRACT
The products, treatments, training courses and services offered, as well as their prices, on the website or in the online shop constitute an offer. However, this offer is always subject to the condition subsequent that the service cannot be provided, the products cannot be delivered or the price has been stated incorrectly.
The purchase contract for the products offered by UBCAG is concluded with UBCAG as soon as the customer places an order in the online shop, at the LuXme Beauty Club in Cham, by telephone or by email.
A mandate for the treatments, training courses and other services offered by UBCAG is concluded with UBCAG when these involve appointment reservations.
The customer will be notified that an online order for products has been received by means of an automatically generated order confirmation from UBCAG sent to the email address provided by the customer. Receipt of the automatically generated order confirmation does not constitute a promise that the product can actually be delivered. It merely informs the customer that the order has been received by UBCAG via the online shop and that the contract with UBCAG has therefore been concluded subject to the product being deliverable and the price being stated correctly.
For training courses, the contract is concluded when the training date has been confirmed. For treatments, the contract is concluded when an appointment has been arranged. Note: Under Article 394 et seq. of the Swiss Code of Obligations (CO), arranging an appointment constitutes a mandate and is therefore a valid contract.
4 DELIVERY DATE
As a rule, orders are processed within 48 hours of receipt. If it is not possible to deliver the entire order, a partial delivery will be made. The customer will not incur any additional costs for the subsequent delivery.
If UBCAG is in default of delivery, the customer (except in the case of 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 will refund the amounts already paid in advance to the customer. No further claims against UBCAG exist.
5 DELIVERY / COLLECTION
For UBCAG products, the customer has all delivery and collection options listed in the relevant online shop operated by UBCAG under “Delivery and Collection”.
Collection of ordered products at UBCAG's business location is only possible by telephone appointment.
The delivery address must be in Switzerland or Liechtenstein. If this is not the case, the order will be cancelled and no contract will have been concluded.
If the customer chooses a delivery address different 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 delivery location, the customer shall bear any additional costs incurred.
If the customer does not accept the ordered products at the agreed or specified delivery date and delivery location, UBCAG may terminate (cancel) the contract and charge the customer the delivery costs incurred and an inconvenience fee of 30% of the order value, but at least
but charge at least €100.– as well as any loss in value of the ordered products.
6 DUTY TO INSPECT
The customer must immediately check the delivered or collected products for correctness, completeness, and delivery damage.
For freight deliveries, any delivery damage must be noted on the delivery note.
Delivery damage, incorrect deliveries, and incomplete deliveries for all UBCAG products must be reported within 5 calendar days of collection or delivery.
The customer is aware that such a notification must be sent by email, stating the order number and using the subject line “Return and Warranty”. The customer must not use damaged or defective products. They must be stored as received in their original packaging, and the instructions in the designated return and returns process must be followed.
7 WARRANTY
7.1 General provisions
Cosmetic products are not covered by any warranty.
The following applies to non-cosmetic products.
After delivery or collection, UBCAG assumes the warranty for defects and functionality of the ordered products only if these can be provided within the timeframe specified by the supplier. UBCAG may provide the warranty through
- a) free repair
- b) partial and complete replacement with an equivalent product
- c) Credit at the current daily price, up to a maximum of the selling price at the time of ordering
- d) Price reduction
provide. Replacement of a used product is excluded in all cases.
For wear parts, in particular batteries, rechargeable batteries, power cables, adapters and light bulbs, both UBCAG and the suppliers completely exclude the warranty. Otherwise, the disclaimers of liability under Section 8 apply.
If the manufacturer's warranty extends beyond UBCAG's warranty, UBCAG shall also grant it to the customer.
Both UBCAG and the suppliers may, at their discretion, provide the customer with a replacement device during the examination of the warranty claim (provisional replacement). This is subject to the (suspensive) condition that a warranty case actually exists. Accordingly, the customer does not acquire ownership of the replacement product until UBCAG or the supplier confirms the warranty claim. If UBCAG or the supplier rejects the warranty claim, the customer may purchase the replacement device at its value at the time it was handed over, or must return the replacement device at their own expense.
7.2 Additional provisions for demo products
Different provisions apply to products marked as "demo product" in the online shop. They may have minor cosmetic defects or be refurbished products, which is why they are sold at a reduced price. These cosmetic defects are excluded from the warranty and are disclosed in the product details.
Furthermore, these products are not subject to any warranty period and cannot be returned. The buyer is aware that they are purchasing a used product and that, in this context, UBCAG and the supplier disclaim all liability.
8 LIABILITY AND DISCLAIMER OF LIABILITY
Liability shall be governed by the applicable statutory provisions. However, UBCAG and the supplier shall in no event be liable for
- (i) slight negligence
- (ii) indirect and consequential damage and loss of profit
- (iii) unrealized savings
- (iv) damage resulting from delayed delivery
- (v) any acts or omissions by auxiliary persons of UBC or a supplier, whether contractual or non-contractual.
Furthermore, UBCAG and UBCAG's suppliers shall not be liable for damage attributable to any of the following causes:
Improper, non-contractual or unlawful storage, adjustment or use of the products;
Use of incompatible replacement or accessory parts (e.g. power supplies); failure to carry out maintenance and/or improper modification or repair of the products by the customer or a third party; force majeure, in particular damage caused by natural hazards, moisture, falls and impacts, etc., for which UBCAG is not responsible, and official orders.
Furthermore, the separately listed conditions in the disclaimer form an integral part of the General Terms and Conditions.
9 PAYMENT
9.1 Payment methods
UBCAG directly asserts all payment claims for products, treatments, and services purchased through UBCAG’s distribution channels against the customer.
Payments must be made in CHF.
Cash payment for UBCAG products is possible upon collection, as well as for treatments and services at the cosmetics institute operated by UBCAG.
Customers may use the payment methods offered in the online shop under “Payment options.”
The customer acknowledges that additional fees may apply when paying by credit card or PayPal in the online shop.
At the cosmetics institute operated by UBCAG, customers can pay by cash, EC card, TWINT, AMEX, VISA, and EUROCARD.
For payment by credit card or other instant payment methods, the charge is made immediately upon payment.
For payment in advance, delivery takes place only after payment has been received. Products in UBCAG’s central warehouse are reserved until the payment deadline expires, for a maximum of 10 calendar days. For products that must be ordered from a UBCAG supplier (special order), the external order is placed only after payment has been received.
The current fees are shown under “Payment options” and are specified in detail during the ordering process.
When purchasing on invoice, the customer is obliged to pay the invoice amount within 10 calendar days of receiving the delivery, without any deduction whatsoever, including an early-payment discount. In the event of a partial return of the delivered products, the invoice amount may be reduced accordingly by written agreement with UBCAG.
9.2 Default of payment
If the customer fails to meet their payment obligations in whole or in part, all outstanding amounts owed by UBCAG under any title shall become due immediately (in the case of advance payment, within 8 calendar days of the first reminder), and UBCAG may demand immediate payment and discontinue further deliveries of products to the customer.
UBCAG charges an administration fee of €10 for the second reminder and €20 for the third reminder. If reminders are unsuccessful, the invoice amounts may be assigned to a company commissioned to collect the debt. In this case, an effective annual interest rate of up to 15% on the outstanding invoice amount may additionally be charged from the due date. The company commissioned to collect the debt 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 they have been paid for in full. UBCAG is entitled to make a corresponding entry in the retention of title register. Before ownership is transferred, pledging, transfer by way of security, processing, or modification is not permitted without UBCAG's express consent.
10 CHANGE OR CANCELLATION
Orders oblige the customer to accept the products and services. UBCAG may, at its sole discretion, accept subsequent changes or cancellations of orders by the customer and charge an inconvenience fee of 30% of the cancelled order value, at least
but at least CHF 100.–, as well as any loss in value of the cancelled products since their order, may be charged. If, after an order or conclusion of the contract pursuant to Section 3, (partial) inability to deliver occurs (resolutive condition), the customer will be informed immediately by email. If the customer has already paid for the products and services, the amount will be refunded to the customer in full or in part. If no payment has yet been made, the customer will be released from the payment obligation in full or in part. Further claims due to delay in delivery or failure to deliver are excluded.
Appointment bookings are binding on the customer. An agreed appointment may be rescheduled or cancelled up to 24 hours before it takes place. UBCAG may, at its sole discretion, accept changes or cancellations of appointments made by the customer less than 24 hours in advance and charge an inconvenience fee of 50% of the cancelled treatment value, but at least CHF 100.–, as well as any costs for special preparations / preparatory work for the cancelled treatment.
Training dates are binding on the customer. UBCAG may, at its sole discretion, accept subsequent changes or cancellations by the customer and charge an inconvenience fee of up to 50% of the cancelled training fee, but at least CHF 100.–
Training courses conducted by UBCAG
Cancellations made up to 30 calendar days before the scheduled date will be refunded at 100%.
Cancellations made up to 15 calendar days before the scheduled date will be refunded at 50%.
Cancellations made less than 15 calendar days before the scheduled date will not be refunded.
Training courses conducted by authorized training centers are subject to the respective general terms and conditions of the partner companies.
UBCAG accepts no liability whatsoever in this regard.
11 RETURN OF NON-DEFECTIVE GOODS
Under the conditions listed in the return policy, UBCAG grants the right to return the ordered products within a maximum of 7 calendar days of their receipt.
Customers must notify UBCAG of the return of the products by email with the subject line “Return and Warranty” and follow the instructions in the return process provided. The products must be properly packed with all accessories in the original packaging. Damaged products and products with damaged packaging will not be accepted or will be charged to the customer in full.
If the customer exercises their right of return in accordance with the return conditions mentioned above, UBC will refund only the purchase price of the products. Expenses, fees, and any small-order surcharges paid will not be refunded.
12 REPAIRS OUTSIDE THE WARRANTY
The costs of repairs outside the warranty under Section 7 shall be borne by the customer. For devices with no identifiable defects or where the defect is not covered by the warranty under Section 7, the costs of examining the alleged defect and the shipping costs shall be charged to the customer.
13 FURTHER PROVISIONS
13.1 Unassignable returns
Returns that cannot be assigned to a customer or cannot be returned to the customer will be stored by UBCAG for six months and then disposed of.
13.2 Uncollected or undeliverable warranty goods
If goods related to the provision of the warranty under Section 7 are not collected from UBC within three months of the request for collection being sent to the customer, UBCAG is entitled to dispose of the goods, in particular by destroying them.
13.3 Data protection
The Privacy Policy under Privacy Policy forms an integral part of these General Terms and Conditions. By accepting these General Terms and Conditions, the customer also declares their agreement to the Privacy Policy.
13.4 Partial invalidity
Should individual provisions of these General Terms and Conditions be invalid or ineffective, this shall not affect the validity of the remaining provisions of these General Terms and Conditions.
13.5 Place of jurisdiction and applicable law
All legal relationships between UBCAG and the customer are governed by substantive Swiss law. The Vienna Convention on the International Sale of Goods does not apply. Exclusive jurisdiction is Zug, Switzerland.
13.6 Copyright notice
All rights, in particular copyrights, to these General Terms and Conditions belong to UBCAG.
Any reproduction, distribution, or other use is prohibited and permitted only with the express written consent of UBCAG. In the event of a violation, UBC reserves the right to take all legal action.
UNEW Beauty Couture AG
Cham, December 2021