General terms and conditions
A) Basis of contract
- These General Terms and Conditions (hereinafter called “Terms and Conditions”) form the basis of purchase contracts that are concluded between Aesthetics GmbH (hereinafter called “Aesthetics”) and its customers (hereinafter, reference will be made to the “Customer”) via the webshops at and (hereinafter called “Webshop”).
- Aesthetics sells the products offered in the Webshop to the Customer exclusively under the conditions set forth in these Terms and Conditions. When ordering products from the Webshop, the Customer accepts the Terms and Conditions, which thereby become part of the contract.
- Aesthetics reserves the right to change the Terms and Conditions at any time. The version of the Terms and Conditions applicable at the time of the particular order, which can be viewed in the Webshop, is the authoritative version.
B) Orders and conclusion of contract
- The Webshop is targeted to private customers.
- The product images shown in advertising, brochures or the Webshop as well as all information about the products (content, quality standards, instructions for use, etc.) are for illustrative purposes only and are non-binding. The specific information on the product packaging is authoritative.
- The range of products presented in the Webshop is a non-binding representation thereof. It does not represent an offer to conclude a purchase contract with the Customer.
- Aesthetics is free to refuse to process an order at any time and without providing rationale. In such a case, Aesthetics will inform the Customer, and any payments already made will be refunded to the Customer.
- A purchase contract comes into existence only once Aesthetics ships the products ordered by the Customer.
- A purchase contract comes into existence only once Aesthetics ships the products ordered by the Customer.
- Aesthetics guarantees no availability for the ordered products and reserves the right not to deliver ordered products, e.g. if they are not deliverable or not completely deliverable. In such a case, Aesthetics will inform the Customer about any unavailable and thus undelivered products, and any payments already made will be refunded to the Customer.
C) Prices, packing and shipping costs, and payment
- Product prices are listed in the Webshop in Swiss francs (CHF) or in euros (EUR), including value added tax.
- Packing and shipping costs are not included in the product prices listed and must be borne by the Customer. Packing and shipping costs are listed under the “Delivery and Shipping” section.
- The prices indicated in the Webshop at the time of ordering are authoritative. The same applies for packing and shipping costs.
- We apply no packing and shipping costs for orders with a product value of more than CHF 79.00 or more than EUR 79.00.
- The payment options indicated in the Webshop are available to the Customer. Aesthetics reserves the right to exclude a Customer from particular payment options without providing rationale. During the online ordering process, payment data (e.g. credit card data) are conveyed in an encrypted fashion. On that basis, an online authorization inquiry is automatically carried out at the respective payment service provider. In the absence of authorization, Aesthetics can reject the order. The Terms and Conditions of a payment service provider involved in a payment transaction (e.g. PayPal, Payrexx) are an integral component of these Terms and Conditions.
D) Right of cancellation
Customers domiciled or usually residing in the EU have a right of cancellation. Details can be viewed in the Webshop under the “Right of Cancellation” section.
E) Retention of title
Until payment in full of the price as well as all costs incurred including interest on late payments, products ordered by the Customer remain the property of Aesthetics. Aesthetics has the right to have the retention of title entered into the title retention register at the Customer’s place of residence.
F) Liability and warranty
- Upon transfer of the ordered products to the transporter, Aesthetics has fulfilled all obligations resulting from the Customer’s order, and benefits and risks of the ordered products pass to the Customer. In particular, Aesthetics bears no liability if the ordered products are not transferred directly by the transporter (if the products are instead left at the Customer’s door, with a neighbor, etc., in the event of the Customer not being home).
- If a product is defective, the legal provisions on warranties for defects apply. The Customer shall inspect the products immediately upon receipt and shall communicate any defects to Aesthetics in writing within three days of receiving the products.
- Aesthetics is fully liable if it has, in an individual case, agreed to a warranty, if an obligation has been violated intentionally or in a grossly negligent fashion, or in the event of injury to life, limb or health. In cases of simple negligence, Aesthetics is liable for material and financial damages only if an essential contractual obligation has been violated, and only up to the amount of damages foreseeable and contractually typical at the time the contract was concluded. Essential obligations are those the violation of which jeopardizes attainment of the contractual purpose, or fulfillment of which is necessary to make possible the proper execution of the contract, and compliance with which the Customer relies upon. To the extent that liability on the part of Aesthetics is excluded or limited, this also applies for personal liability on the part of employees, representatives and agents.
G) Data processing
The privacy policy that can be viewed in the Webshop in its respective current version is an integral component of these Terms and Conditions.
H) Final provisions
- The purchase contracts concluded between Aesthetics and the Customer are subject to material Swiss law with express exclusion of the UN sales law (United Nations Convention on Contracts for the International Sale of Goods). This choice of law applies for customers domiciled or usually residing outside of Switzerland only if mandatory provisions of the laws of the Customer’s state of domicile or usual residence are not thereby revoked for him or her.
- Place of legal jurisdiction is the city of Zurich, Switzerland. This choice of venue applies for customers domiciled or usually residing outside of Switzerland only if mandatory venues for the laws of the Customer’s state of domicile or usual residence are not thereby revoked for him or her.
These Terms and Conditions enter into force on April 1, 2021. They replace all Aesthetics Terms and Conditions valid up to this date and will be applied for all orders placed on or after that date.
Right of cancellation for EU customers
Right of cancellation
A Customer residing or usually domiciled in the EU has the right to cancel a purchase contract based on an order within 14 days without providing rationale. The 14-day period begins on the day when the Customer or a third party designated by the Customer who is not the transporter receives the last of the ordered goods.
To exercise the right of cancellation, the Customer must inform Aesthetics (Aesthetics GmbH, Pfäffikonerstrasse 15, 8834 Schindellegi, Schweiz; info@vogaunique.ch) via a clear statement (e.g. an email or letter sent by mail) about his or her decision to cancel the purchase contract. The Customer may use the cancellation form reproduced below for this purpose, but that form is not required. For adherence to the cancellation period, it is sufficient that the Customer sends notification prior to the end of the cancellation period that he or she is exercising the right of cancellation.
Consequences of cancellation
If the Customer cancels a contract, Aesthetics shall refund to him or her all payments it has received from him or her, including delivery costs, without delay and no later than 14 days after the day when Aesthetics receives the communication about the cancellation. For this refund, Customer and Aesthetics agree upon the same method of payment that the Customer used for the original transaction. In no case will the Customer be billed a fee in connection with the refund.
Aesthetics can refuse to provide the refund until it has received the returned goods or until the Customer has provided evidence that he or she has sent the goods back, whichever occurs first. The Customer must send back or hand over the goods without delay and in any case no later than 14 days after the day he or she informs Aesthetics of cancellation of the contract. The Customer shall be deemed in compliance with the 14-day period if he or she mails the goods prior to the end of said period. The Customer shall bear the costs of the return. The Customer must only cover any loss in value of the goods if that loss in value results from handling of those goods that is not necessary to check the quality, properties and functioning of the goods.
Exception
The right of cancellation does not exist for contracts for delivery of sealed goods that for reasons of public health or hygiene are not suitable for return if they have been unsealed after delivery.
Sample cancellation form
If the Customer would like to cancel the contract, he or she should fill out this form and send it back to: Aesthetics GmbH, Pfäffikonerstrasse 15, 8834 Schindellegi, Schweiz; info@vogaunique.com:
I/we (*) hereby cancel the contract concluded by me/us (*) about the purchase of the following goods (*):
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Ordered on (*)/received on (*):
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Consumer name:
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Consumer address:
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Consumer signature (only if communicated on paper):
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Date:
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(*) Cross out that which does not apply.