1 Scope

The General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions concluded with UNEW Beauty Couture AG (hereinafter referred to as "UBC").

This includes all transactions (products, treatments and services) that are concluded at the UBC Institute in Cham or on the "www.unew.ch" website under Services and Shop (hereinafter referred to as "Online Shop") and / or on the information and prices contained therein are based.

The cosmetics institute and the online shop are operated by UNEW Beauty Couture AG (hereinafter referred to as "UBC").

UBC reserves the right to change the terms and conditions at any time. The version of the General Terms and Conditions valid at the time of booking a service or placing an order in the online shop is decisive. The general terms and conditions cannot be changed unilaterally by the customer and deviating conditions of the customers (customers of course also mean customers. The chosen form “customers” is only used for better readability) will not be recognized.

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 addresses in Switzerland or Liechtenstein.

The offers are valid as long as the products, treatments and services can be found in the online shop and/or the product stock is sufficient.

Orders for which the manufacturer requires a treatment-specific or product-specific certification and this cannot be submitted, 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 Information

2.1 Product and Price

The images of products in advertising, brochures, flyers, etc. are for illustration purposes, including all

Information about the products, treatments and services in the online shop is non-binding, as it is put together 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.

All sales prices published in the online shop are final prices that include value-added tax (VAT) and any early recycling fees (vRG).

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 up to CHF 10.00 can be charged if the total of the shopping basket is less than CHF 100.00.

UBC reserves the right to change the prices of the products, treatments and services offered at any time. The price published in the online shop at the time of the order is decisive for the conclusion of the purchase contract.

Additional paid 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

UBC 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 UBC itself and at the suppliers and manufacturers. All information on availability and delivery time is subject to change and can change at any time.

3 Contract conclusion

The products, treatments, services and prices in the online shop are considered an offer. However, this offer is always subject to the contract-dissolving condition of an impossibility of delivery or an incorrect price.

The sales contract for products, treatments and services from UBC to UBC is concluded as soon as the customer makes an appointment and/or orders in the online shop, in the UBC Cosmetics Institute, by telephone or e-mail.

The arrival of an online order is sent to the customer by means of an automatically generated order confirmation from UBC 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 UBC via the online shop and that the contract with UBC has therefore come about under the condition of delivery availability and the correct price.

In the case of training courses, the contract is deemed to have been concluded when the training date has been confirmed, in the case of treatments when an appointment has been made.

Note:

An appointment in the sense of the Swiss Code of Obligations (OR) as an order and is therefore a valid contract.

4 delivery date

With the order confirmation, the customer is informed of a provisional delivery date or the customer is contacted and an individual delivery date is agreed.

If UBC 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, UBC will reimburse the customer for the amounts already paid in advance. There are no further claims against UBC.

5 delivery / pickup

For UBC products, all delivery and collection options are available to the customer, which are noted in the online shop under "Delivery and collection".

Products that do not have the note "Collection possible" can only be delivered by mail.

The delivery address must be in Switzerland or Liechtenstein. If this is not the case, the customer bears any cost consequences.

If the customer chooses a different delivery address than 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 announced delivery date, UBC can dissolve (cancel) the contract and reimburse the customer for the delivery costs incurred and an administrative fee of 30% of the order value, but at least CHF 100, as well as any loss in value of the ordered products.

If the customer does not collect the products ordered from the UBC Cosmetics Institute within 14 calendar days of the readiness for collection, UBC can dissolve (cancel) the contract and the customer can receive a compensation of 20% of the order value, but at least CHF 60 .– as well as any depreciation of the ordered products

6 Obligatory testing

The customer must immediately check the delivered or collected products for correctness, completeness and delivery damage.

In the case of deliveries by a forwarding agent, any damage caused by the delivery must be noted on the delivery note.

Delivery damage, incorrect and incomplete deliveries must be reported for all UBC products and services within 5 calendar days of the time of collection or delivery.

The customer is aware that such a message must be sent by email with the order number and the subject "Return and guarantee". The customer may not use damaged or defective products. He must keep them in the original packaging as received and follow the instructions of the guided return and returns process.

7 Warranty

7.1 Basic Provisions

There are no guarantees for cosmetic products.

The following applies to non-cosmetic products.

After delivery or collection, UBC assumes the warranty for defects and functionality of the ordered products only if they can be provided within the time specified by the supplier. UBC can optionally provide the warranty by

• free repair

• Partial and full replacement with an equivalent product

• Credit at the current price, maximum the sales price at the time of the order

• Reduction

perform. A replacement of a used product is not necessary in any case.

Wearing parts such as batteries, rechargeable batteries, power cords, adapters and lamps mean that both UBC and the suppliers are void of the warranty completely. For the rest, the exclusions of liability according to Section 8.

apply

If the manufacturer's warranty goes beyond UBC's warranty, UBC will also grant this to the customer.

Both UBC and the suppliers may, at their own discretion, provide the customer with a replacement device/exchange device 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 UBC or the supplier. If a warranty case is rejected by UBC or the supplier, 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 for 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.

In addition, 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 UBC or the supplier accepts no liability in this connection.

8 Liability and Disclaimer

Liability is based on the applicable legal provisions. However, UBC orthe supplier in no case for

(i) slight negligence

(ii) indirect, consequential and consequential damages and loss of profit

(iii) unrealized savings

(iv) Damage resulting from delay in delivery

(v) any acts and omissions of UBC's auxiliaries or a supplier, whether contractual or non-contractual

UBC or UBC's suppliers 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 UBC is not responsible, and official orders.

Furthermore, the separately listed conditions in the exclusion of ownership are an integral part of the General Terms and Conditions

9 Payment

9.1 Payment options

UBC asserts all payment claims for products, treatments and services purchased via the online shops or in the UBC institute directly from the customer.

Payments must be made in Swiss francs.

Cash payment is possible for UBC products in the event of collection as well as for treatments and services in the UBC Cosmetics Institute.

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 UBC Cosmetics Institute, customers can pay not only with EC, but also with AMEX, VISA and EUROCARD.

In the case of payment by credit card or other instant payment method, the debit takes place immediately.

In the case of prepayment, delivery will only take place after receipt of payment. The products in the central warehouse of UBC are reserved until the payment deadline of a maximum of 10 calendar days. For products that have to be ordered from a UBC supplier (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 event of a partial return of the delivered products, the invoice amount can be reduced accordingly after written agreement with UBC.

9.2 Late payment

If the customer does not meet his payment obligations in whole or in part, all outstanding amounts that UBC owes under any title are due immediately (in the case of advance payment within 8 calendar days of the 1st reminder) and UBC can demand them immediately and make further deliveries of Adjust products to customers.

UBC charges a handling fee of CHF 20 for the 2nd reminder and a handling fee of CHF 30 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 UBC until full payment has been made to UBC. UBC is entitled to make a corresponding entry in the retention of title register. Before the transfer of ownership, pledging, transfer of ownership, processing or transformation is not permitted without the express consent of UBC.
 

10 change 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 UBC at its own discretion and an administrative fee of 30% of the canceled order value, but at least CHF 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 to him. If payment has not yet been made, the customer is released from the obligation to pay.

Further claims due to delay in delivery or failure of delivery are excluded.

Appointment reservations oblige the customer to keep these appointments unless they are rebooked or canceled 24 hours in advance. Subsequent changes or cancellations of appointment reservations by the customer can be accepted by UBC at its own discretion and an administrative fee of 50% of the canceled treatment value, but at least CHF 60, as well as any costs for special preparations / preparatory work of the canceled treatment.

Training dates oblige the customer to participate. Subsequent changes or cancellations by the customer can be accepted by UBC at its own discretion and an administrative fee of up to 50% of the canceled training fee can be charged.
 

11 Return of goods free of defects

Under the conditions listed in the return policy, UBC 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 UBC by email with the subject "Return and guarantee" and follow the instructions of the guided return and returns process accordingly. The products must be professionally packed in the original packaging with all accessories . Damaged products will not be taken back or will be charged in full to the customer.

If the customer exercises their right of return in accordance with the return conditions mentioned above, UBC will only refund the purchase price of the products. Expenses, fees and any small-volume surcharge paid will not be reimbursed.
 

12 Out of 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 faults or where the defect is not covered by the warranty in accordance with Section 7, UBC reserves the right to charge the customer for the costs of checking the claimed defect and the shipping costs.
 

13 Other determinations

13.1 Unattributable returns

Returns that cannot be assigned to a customer or returned to the customer will be kept by UBC for six months and then disposed of.

13.2 Guaranteed goods not collected or not delivered

If goods that are related to the provision of warranty in accordance with Section 7 are not collected from UBC within three months of sending the collection request to the customer, then UBC is entitled to dispose of the goods, in particular to dispose of them

13.3 Privacy

The data protection declaration under data protection declaration is an integral part of these GTC.

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 as a whole.

13.5 Jurisdiction and Applicable Law

All legal relationships between UBC and the customer are subject to substantive Swiss law. The Vienna Sales Convention is not applicable. Exclusive place of jurisdiction is Zug.

13.6 Copyright Notice

UBC holds all rights, specifically copyrights, to these terms and conditions.

Any reproduction, distribution or other use is prohibited and only permitted with the express written consent of UBC. In the event of a violation, UBC reserves the right to take all legal action.

UNEW Beauty Couture AG
Cham, March 2018