General Terms and Conditions of Sale
The general terms and conditions of sale for the purchase of products on the website www.senescosmetic.ch (the "Site") of Senes Cosmetic (the "Seller") are included in this sales contract (the "Contract"). Every user who browses the Site (the "User") is invited to review the Contract before completing a purchase order of products on the Site ("Order"); sending an Order implies the User’s acceptance of it. Any changes to the Contract will become effective immediately upon publication on the Site and will govern all subsequent Orders.
- Customers
Only individuals with the legal capacity to enter into binding agreements under applicable law and who act for purposes unrelated to any entrepreneurial or professional activity may place Orders on the Site (the "Customers").
By placing an Order through the Site, the Customer guarantees that both the ordering party and, if different, the recipient of the products are at least 18 years old.
Where requested, Customers must provide their first and last name, date of birth, email address, delivery address of the products, and other personal information. This information must be true, accurate, and kept constantly updated. Users are encouraged to review the privacy policy to understand how the Seller processes personal data.
The User may not place Orders on the Site using someone else's name or credentials unless expressly authorized by the rights holder. Users are invited to review the Site’s Terms of Use for more information.
- Acceptance of an Order - Sales Contract
The technical steps to place an Order are highlighted in the sequence of pages on the Site, through explanatory texts and graphics. By clicking "Complete Purchase" on the last page of the checkout phase, the Customer submits a purchase proposal to the Seller for the items in the virtual "cart."
The receipt of the Order does not constitute acceptance by the Seller of the purchase proposal. To complete the Order:
(i) The Customer must read and accept the general terms and conditions of sale by checking a box; (ii) The Customer must complete, in electronic format by entering all required data, the order form (the "Order Form") containing a summary of the essential characteristics of each selected product; the price of each selected product and the total purchase; the chosen payment method; the delivery method of the products; shipping, delivery, and return costs; the conditions for exercising the Customer’s right of withdrawal and the application of the legal conformity guarantee; the estimated delivery times; and the methods and times for returning purchased products; (iii) Payment must be made to the Seller for the price of the products purchased by the Customer, including shipping and delivery costs (if any); (iv) The automated forwarding of the Order Form to the Seller must occur; (v) The Seller must receive the Order Form electronically.
Sending the Order implies the Customer’s express acknowledgment of the obligation to pay the price.
After electronically submitting an Order, the Customer will receive an email confirming receipt of the Order. This communication informs the Customer that the Order has been received and provides the Order identification code but does not imply the Seller’s acceptance of the Order. If any data in the email is incorrect, the Customer must promptly notify the Seller's customer service (the "Customer Service") at info@senescosmetic.ch. The Seller will only accept the Order when the Customer receives the Order confirmation (the "Order Confirmation"), typically coinciding with the shipping of the products. The Contract is deemed completed upon receipt of the Order Confirmation by the Customer.
Until then, the Seller reserves the right not to accept an Order at its discretion. In particular, the Seller will not be liable if a product ordered is removed from the Site after the Order is sent. It may happen that the Site erroneously displays products unavailable at the time.
In case of partial unavailability of the Order, the Customer Service will contact the Customer to verify whether they wish to (i) receive a partial Order; (ii) receive the complete Order in multiple shipments; or (iii) cancel the Order.
In case of total unavailability of the Order, the Customer Service will inform the Customer that the Order cannot be processed and will cancel the Order. No charge will be made to the Customer.
- Payments
Payment can be made using the following payment methods (the "Payment Methods"): credit cards or PayPal account. Visa, MasterCard, and American Express credit, debit, or prepaid cards are accepted. The Seller will charge the purchase price ("Price") upon acceptance of the Order. However, security checks on the chosen Payment Method may be carried out before accepting the Order, including a pre-authorization or pre-charge for precautionary purposes.
To ensure the security of credit card transactions, the Seller uses a primary payment gateway for Order payments ("Payment Gateway"); therefore, the Seller does not directly manage any financial information related to the Payment Method used by the Customer, nor does the Site process any financial information provided to complete the Order. Only after the transaction is completed does the Payment Gateway communicate the payment result to the Seller without providing any financial information. The Payment Gateway encrypts sensitive credit or debit card details to ensure secure transmission. The Site uses Secure Socket Layer (SSL) technology to ensure a higher security standard for every Order.
In the unlikely event of error, negligence, or wrongdoing related to the transaction by the Payment Gateway and payment intermediary systems, the Seller will not be held responsible.
The Seller reserves the right to cancel a transaction and annul the corresponding Order in case of fraudulent use of the Payment Method. Additionally, the Seller will not be responsible for any unauthorized use of a Payment Method by third parties not attributable to its error or negligence.
- Shipping and Deliveries
The Seller accepts Orders for delivery exclusively within Switzerland; for deliveries to other countries, please contact us via email for a shipping quote.
The Seller ships and delivers Orders using express courier service and postal service with La Posta CH SA. The Order Confirmation is sent to the Customer when the products are handed over to the courier for shipment.
In certain circumstances, such as sales periods or company closure, delivery times may vary. The Seller will not be liable for delivery delays not attributable to its fault or negligence. The Seller will not be responsible for delays due to force majeure, strikes, natural disasters, or any other courier service-related issue beyond its control.
The Order Confirmation includes a tracking number that the Customer can use to monitor the shipment and delivery process on the courier’s website.
The Customer is encouraged to facilitate the delivery of the Order by being available to receive it or delegating it to others.
The courier will attempt to deliver the Order to the address provided by the Customer. If delivery fails, the courier will notify the Customer and try to arrange another delivery attempt.
If the courier fails to deliver the Order, the Customer Service will contact the Customer to verify their interest in a new shipment.
Upon delivery, the Customer must check the number of packages and the integrity of the outer packaging. If the Customer notices any anomalies in the delivery, such as the number of packages or damage to the outer packaging, they must sign the delivery document with a reservation and contact the Customer Service. Failure to do so will prevent the Customer from making any subsequent claims regarding the delivery.
If the products are not delivered within the indicated terms, the Customer must notify the Seller, who will verify the shipment status with the courier. In case of loss or destruction of the package during transportation, the Seller will reship the product, subject to availability, or refund the Order. The Customer can contact the Customer Service at info@senescosmetic.ch.
The Seller cannot guarantee that products purchased simultaneously will be delivered in a single shipment or that multiple shipments will arrive simultaneously.
Selecting a different delivery country may change prices, general conditions, and item availability. For more information, please refer to the "Shipping and Returns" section.
- Prices
All prices listed on the Site include VAT (the "Prices"). For Order shipping costs (the "Shipping Costs"), the Customer should refer to the "Shipping (Delivery)" section.
The Shipping Costs (if applicable), including VAT, will be visible in the Order summary during the checkout process and will be included in the Order Confirmation sent to the Customer after accepting the Order.
Any changes to product Prices will be effective from the date of publication of the new Prices on the Site, with no retroactive effect on Orders already accepted with the sending of the Order Confirmation.
Except in cases of recognizable error, the Seller reserves the right not to accept an Order due to an erroneous Price published on the Site or indicated in the email confirming receipt of the Order, i.e., before acceptance by the Seller.
- Promotional Codes
During promotional campaigns, the Seller may provide Customers with vouchers and discount codes for purchasing products exclusively on the Site.
Vouchers are issued in alphanumeric codes, and their value in euros is determined at the Seller's sole discretion. The voucher can be entered by the Customer in the "voucher" field when placing the Order. The voucher amount will automatically be deducted from the total Order amount, excluding any Shipping Costs, before payment.
Vouchers and discount codes issued by the Seller are non-refundable and cannot be combined.
- Non-Conforming Products - Legal Warranty
Subject to Article 4, the Seller is responsible for any original defects in the products.
The Seller guarantees the Customer that the products sold are not defective and conform to the Contract, meaning, in particular, that the products:
(i) are suitable for the purpose for which goods of the same type are normally used; (ii) match the description provided on the Site and have the qualities of the products that the Seller has presented to the Customer as a sample or model; (iii) have the usual quality and performance of goods of the same type that the Customer can reasonably expect, considering the nature of the goods.
For technological reasons, the Seller cannot guarantee that the color display on the screen will always be accurate.
Minor differences between the product description on the Site and the actual product characteristics will not be considered non-conformity causes under this Contract.
The legal warranty for products sold on the Site is two (2) years from the product delivery date.
To use the legal warranty, the Customer must provide proof of the purchase date and the delivery date of the product.
The legal warranty does not apply to products that are non-conforming due to wear and tear, accidental events (e.g., product damage), misuse, or any cause attributable to the Customer.
In the event of a non-conforming product, the Customer must notify the Seller by contacting the Customer Service at info@senescosmetic.ch, indicating the type of non-conformity and sending photographic documentation of it. The Customer Service will promptly contact the Customer to propose a solution, possibly including a product return, repair, replacement, or refund.
In case of a product return, the Customer must return the product in the original packaging or equivalent, ensuring that the product is adequately protected during return transport. After verifying the non-conformity, the Seller will replace or refund the product within a reasonable time from receiving the returned product.
- Right of Withdrawal
The Customer may withdraw from the Contract without giving any reason within fourteen (14) days from the day the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last product of the Order.
To exercise the right of withdrawal, the Customer must inform the Seller of the decision to withdraw from the Contract by an unequivocal statement (e.g., a letter sent by mail, fax, or email). The Customer may use the withdrawal form available on the Site but is not obligated to use it.
The Customer must return the products to the Seller within fourteen (14) days from the day the Customer communicates the withdrawal from the Contract. The deadline is met if the Customer sends back the products before the fourteen (14) days have expired. The Customer will bear the direct cost of returning the products.
If the Customer withdraws from the Contract, the Seller will reimburse all payments received from the Customer, including Shipping Costs (except for the additional costs arising from the Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event no later than fourteen (14) days from the day the Seller is informed of the Customer’s decision to withdraw from the Contract. The Seller may withhold reimbursement until receiving the products back or until the Customer has supplied evidence of having sent back the products, whichever is earlier.
The Seller will carry out the reimbursement using the same means of payment the Customer used for the initial transaction unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees due to the reimbursement.
The Customer is only liable for any diminished value of the products resulting from handling other than necessary to establish the nature, characteristics, and functioning of the products.
- Intellectual Property
All contents (text, images, trademarks, logos, etc.) on the Site are protected by Swiss and international intellectual property laws. Any reproduction, representation, adaptation, or modification of all or part of the Site is strictly prohibited without the prior written consent of the Seller.
- Governing Law and Jurisdiction
This Contract is governed by Swiss law. Any disputes arising from or related to this Contract will be subject to the exclusive jurisdiction of the Swiss courts.
- Contacts
For any information or inquiries, the Customer can contact the Customer Service at info@senescosmetic.ch.
SENES COSMETIC
Via Bahnhofstrasse 45, 6004 Zurigo (CH)
T. +41 79 666 55 44
M. info@senescosmetic.ch