General Sales Conditions
Art. 1 Definitions
1.1 The expression "on-line sales agreement" refers to the sales agreement for the B SAND products, marketed by B SKIN sagl, entered into by the latter and the consumer, within a system of selling from a distance via web tools, organised by B SKIN sagl..
1.2 The expression "Customer" refers to the physical consumer who concludes the purchase as per this agreement, for purposes that do not refer to the commercial or professional activity that the customer may carry out.
Art. 2 Purpose of the agreement
2.1 Through this agreement, B SKIN sagl is selling and the Customer is purchasing, from a distance, via web tools, the products offered on sale on the website www.bsand.ch.
2.2 The products referred to in the point above are illustrated and explained in detail on the website www.bsand.ch.
2.3 These general sales conditions do not regulate the supply or sale of the product The Peeling B Sand 50 ml carried out by third parties, distributors or resellers of B SKIN sagl, who use direct or indirect connections to the site www.bsand.ch by means of banners or hypertext connections /links, or other independent e-supports. In no case may B SKIN sagl be held liable for the supply of services promised by third parties or for the performance of e-commerce transactions between customers of B SKIN sagl and third parties.
2.4 B SKIN sagl reserves the right to not process orders received from users who are not “Customers”, as well as any other order that does not comply with the B SKIN sagl trade policy.
Art. 3 Entering into and conclusion of the agreement
3.1 The agreement between B SKIN sagl and the Customer is concluded On-line by the Customer by accessing the address www.bsand.ch, where the Customer formalises the proposal for purchasing the goods as per points 2.1 and 2.2 of article 2 above, by following the procedures indicated.
3.2 The purchase agreement is concluded by completing the following procedure, which may be corrected, changed or cancelled at any time until the order is sent out:
by accessing the web site www.bsand.ch, and after having registered for the purchase, the Customer is to indicate the quantity of products he/she wishes to place in the cart, complete all of the pages thereafter, by following the instructions, and electronically send B SKIN sagl the page with all the former’s personal data and purchase order;
the order page contains a link to these general sales conditions and also refers to the information about the principal properties of the product ordered and its price (including VAT, if required), the type of payment the Customer has chosen for the purchase, the conditions for delivering the products, the charges for transport and delivery, in addition to references to the general terms and conditions for returning products purchased on-line;
prior to sending the order, the Customer shall be asked to check for and correct any errors that may have been made, while compiling the fields, and carefully read the general terms and conditions that regulate the sale and purchase, print a copy of them, using the print option and save or request a copy for personal use;
an order shall be considered sent, when B SKIN sagl electronically receives the order, and the information concerning the order shall have been preliminarily verified as correct.
3.3 The order sent by the Customer will be binding for B SKIN sagl only if the entire order process has been duly and correctly completed, with no error message being displayed by the Internet website, and after B SKIN sagl has sent to the Customer an order confirmation e-mail. The e-mail contains the details of the Customer and the order, an explicit reference to the general and special terms applicable to the agreement, the price of the goods purchased, the chosen payment method, the shipping costs, any applicable taxes and the shipping address to which the goods will be sent. The Customer undertakes to check the accuracy of the data contained therein and promptly to notify B SKIN sagl of any corrections at the address indicated above.
3.4 Upon making an order, the Customer declares having reviewed all of the indications supplied during the purchasing procedure, and accepting these general sales conditions in their entirety.
3.5 The agreement is not considered finalised and effective between the parties, in default of the indication in point 3.4 above.
3.6 B SKIN sagl might not accept and process the order, if sufficient guarantees of payment solvency are not supplied, if the order is not complete or erroneous or if the product is no longer available. In the event of any of the above, the Customer shall be informed via e-mail that the agreement was not executed and that B SKIN sagl has not confirmed the purchase order, hereby specifying the reasons.
3.7 The agreement entered into between B SKIN sagl and the Customer is to be understood as concluded through acceptance, also partial, of the order by B SKIN sagl. This acceptance is deemed tacit, unless otherwise communicated to the Customer by any means whatsoever.
3.8 B SKIN sagl herewith informs the Customer that every order sent is preserved at its offices in digital or paper format, according to criteria of confidentiality and safety. The Customer may, at any time, request a copy from B SKIN sagl.
Art. 4 Payment methods
4.1 Each payment made by the Customer shall occur solely by means of one of the methods indicated in the site www.bsand.ch. All major international credit cards are accepted:
VISA, MASTERCARD, PAYPAL, POSTCARD.
4.2 Prior to being filled, all orders are directly controlled for authenticity by the relative credit card institutions, in protection of the customer. If, for any reason whatsoever, it is not possible to debit the amount due, the sales procedure shall be automatically cancelled. The Customer shall be informed of this by e-mail.
4.3 Communications concerning the payment and the data communicated by the Customer at the time the payment is effected occur through special secure lines and with all guarantees assured by the use of the security standards provided for by payment circuits.
Art. 5 Prices
5.1 The sales prices shown on the site www.bsand.ch are valid for the Swiss market, if the Customer is domiciled in Switzerland (including VAT), and for the foreign market for Customers domiciled outside of Switzerland (exempt from VAT).
5.2 Shipping costs in Switzerland are included in the purchase price. For Europe, a contribution to shipping costs of EURO 8 - and for the Rest of the World EURO 15 - will be collected. Those costs are indicated and calculated when finalising the purchasing process, prior to making the payment.
5.3 Issuance of an invoice is not compulsory, unless requested by the Customer at the time of effecting the operation. The Customer herewith accepts receipt of the invoice/payment note in electronic format. After issuance of the invoice, no changes in the data indicated therein shall be possible.
Art. 6 Product availability
6.1 The Customer is generally assured the availability of the products, although, due to the simultaneous presence of multiple users on the site, the number of products requested by the Customer may not be available prior to the order confirmation. In no case shall B SKIN sagl be held liable in the event of a temporary lack of availability of products.
6.2 B SKIN sagl shall be in no way liable for a temporary lack of availability of products. B SKIN sagl shall immediately inform the Customer of the momentary shortage of stock and the expected wait-time. If the order has already been sent and the price for the items has already been paid at the time of non-availability, B SKIN sagl shall reimburse the Customer with the entire amount paid for the order.
6.3 If the above should occur, the Customer may choose, at the time of B SKIN sagl notifying the former of product non-availability, whether to accept the different temporal supply terms indicated by B SKIN sagl or waive the order and receive an integral reimbursement by electronic credit.
Art. 7 Delivery method
7.1 B SKIN sagl will deliver the quantity of selected and purchased products by post to the address indicated by the Customer at the time of placing the order and confirmed in the summary e-mail as per point 3.3 above.
7.2 Orders are dealt with upon receipt. B SKIN sagl shall undertake to deliver the products within the shortest time possible and, in any case, no later than 30 days from the day after receipt of the order from the Customer.
7.3 The goods sent shall be controlled and delivered intact and without flaws to the shipping agent. B SKIN sagl cannot be made in any way liable for any delays or damages ascribable to the fault of the shipping agent.
7.4 The goods ordered are at the exclusive volition of the Customer. If they are refused, B SKIN sagl shall charge the Customer with the round-trip shipping charges.
Art. 8 Liability
8.1 B SKIN sagl shall not be held liable for disservices due to force majeure or chance events, nor if due to malfunctions or poor service of the internet network, if the order cannot be executed within the times provided for in the agreement.
8.2 In addition, B SKIN sagl shall not be held liable for damages, losses and costs suffered by the Customer that result in non-performance of the agreement due to reasons not ascribable to the former; however, if such damages, losses and costs result from an action or omission by B SKIN sagl, the Customer shall only have the right to the reimbursement of the total price paid and any additional fees sustained.
8.3 B SKIN sagl cannot be held liable for information, data and any technical inaccuracies or any imprecision of another nature that might be contained in the site, if they have been communicated by third parties and have been checked by B SKIN sagl, according to the criteria of ordinary diligence.
8.4 B SKIN sagl shall not assume any responsibility for the possible fraudulent or illegal use by third parties of credit cards or other means of payment, at the time of payment of the products purchased, if it demonstrates having adopted all possible precautions based on the best current science and experience and ordinary diligence.
Art. 9 Right to withdraw
9.1 The Customer has the right to withdraw without any penalties and without specifying any reasons, within ten working days from the date of receiving the products, through written notification sent by recorded delivery letter to the address: B SKIN sagl, Via Praella 11, 6850 Mendrisio (Switzerland). The notification may also be sent, by the same deadline, by telegram or e-mail (to the address email@example.com), provided that it is confirmed by recorded delivery letter with advice of receipt within forty-eight hours thereafter.
9.2 The notification as per point 9.1 above is to specify the wish to withdraw from the purchase, hereby attaching a copy of the payment note/tax invoice. The Customer shall return the product, at his/her own expense, to B SKIN sagl, Via Praella 11, 6850 Mendrisio (Switzerland). The goods are to be returned intact, in the original packaging, including all of its parts and tax documentation.
9.3 Without prejudice to the right to verify the observation of the above, B SKIN sagl shall provide for reimbursement, by bank transfer, of the amount of the products affected by the withdrawal, within the shortest possible time and, in any case, no later than 30 days from the date on which the exercise of withdrawal has been notified. B SKIN sagl has the right to not accept returned products that are no longer in their original state or have been damaged.
9.4 If the receiver of the products indicated on the order differs from the party who paid for said products, the amount paid for the products being returned shall be reimbursed by B SKIN sagl to the party who made the payment.
9.5 If the right to withdraw is exercised, B SKIN sagl shall not be liable for the shipping charges for the return shipment or for any loss of or damage to the products that can be ascribed to third parties.
Art. 10 Warrantee and support
10.1 B SKIN sagl markets high-quality products. In the event of receipt of products that do not conform to with sales agreement, the Customer forfeits all rights, if the non-conforming defect is not reported to the seller within two months from the date on which the defect was discovered. A report is not necessary, if the seller has recognised the existence of the defect or concealed it.
10.2 In the event of non-conformity, the Customer may, as an alternative and without charge, request the replacement, also partial, of the purchased goods, a reduction of the purchase price or cancellation of this agreement under the conditions indicated below.
10.3 The aforesaid request is to be received by B SKIN sagl in writing, by recorded delivery letter with advice of receipt, sent to B SKIN sagl, Via Praella 11, 6850 Mendrisio (Switzerland), who shall show its readiness to comply with the request, or give reasons that hinder it from doing so, within seven working days of receipt of said letter. In the same communication that accepts the Customer’s request, B SKIN sagl shall indicate the shipping methods or return of the goods as well as the time estimated for the return or replacement of the defective goods.
Art. 11 Obligations of the Customer
11.1 The Customer shall undertake to pay the price of the purchased good within the times and under the conditions indicated in these General Sales Conditions.
11.2 Once the on-line purchase procedure has been completed, the Customer shall provide for printing and keeping these General Sales Conditions, which will have already been expressly accepted prior to the conclusion of the procedure.
11.3 The Customer is solely responsible for the accuracy of the data inserted into the registration procedure and shall not insert false and/or invented and/or fictional data. The Customer herewith releases B SKIN sagl from any responsibility derived from the issuance of erroneous documents due to the inexact data supplied by the Customer him/herself.
Art. 12 Privacy
We would like to inform you that B SKIN sagl shall proceed with processing the data you supplied in the observance of the regulation on matters of the protection of personal data.
The conferment of data is necessary; hence, any refusal to supply it shall result in the impossibility of performing the on-line purchase.
Furthermore, we would like to inform you that the personal data you supply is gathered by computer means and processed, also through the aid of electronic means, directly and/or through delegated third parties (home-delivery companies, mailing service and data entry) and may be used, subject to your necessary and explicit consent, for practical purposes in the activities listed below:
performance of the service and management of the purchase order for the products;
preparing statistics, sending out advertising material, including by e-mail.
The conferment of data for the aforesaid purposes is optional; however, any refusal on your part will render it impossible for B SKIN sagl to perform its activities.
In any case, your data will not be communicated (with the exception of home-delivery companies, mailing service and data entry) or sold to third parties. Within B SKIN sagl itself, the data may only be made known to parties specifically appointed to work with the Manager of E-commerce, Information Technology, Marketing, Trade and Sales, and managerial offices.
You have the right, at any time, to obtain information concerning the processing of your data, the methods and aims and the logic applied to it by the aforesaid Manager, as well as
- confirmation of the existence of the data and communication of them and their origins;
- the identifying details of the Holder and Managers, as well as the parties or categories of parties to whom the data may be communicated or who may learn of it in their capacities as Managers or appointees;
- the updating, correction and integration of the data;
- the cancellation, transformation into anonymous form and/or blocking of data processed in violation of the law;
- the declaration that the operations in points 3) and 4) have been made known to those to whom the data were communicated and disclosed, unless fulfilling them was impossible or involved the use of means that were clearly disproportionate compared to the right protected;
- to oppose: processing the data, even if they are legitimately pertinent to the purpose of the collection; processing data for business information purposes or for doing market research.
The Holder of the processing is B SKIN sagl, Via Praella 11, 6850 Mendrisio (Switzerland). In order to exercise the rights provided for the protection of privacy, write to: B SKIN sagl, Via Praella 11, 6850 Mendrisio (Switzerland) or the e-mail address firstname.lastname@example.org.
Art. 13 Integrality
13.1 These General Sales Conditions are constituted by the totality of the clauses contained herein.
13.2 If one or more provisions of these General Sales Conditions is considered invalid or declared as such pursuant to the law or as a result of a decision by a judicial body, the other provisions shall continue to be fully in force and effective.
Art. 14 Applicable law and court of jurisdiction
14.1 All agreement relations between the parties, including these general conditions are regulated by Swiss law.
14.2 Any and every controversy that may arise concerning the application, interpretation and performance of these general sales conditions shall fall under the jurisdiction of the Court of Mendrisio.
Art. 15 Final clause
15.1 This agreement annuls and replaces any agreement, understanding and negotiation, whether written or oral, that previously existed between the parties and concerned the purpose herein.
B SKIN Sagl, may 2017