AGB

1. General

   1. These General Terms and Conditions and the privacy policy of Filabé of Switzerland AG (“Filabé”) govern the use of the website www.filabe.ch (“Webshop”) and the contractual relationship between the customer (“Customer,” “you”) and Filabé for all agreements concluded in the Webshop. With every order, the Customer expressly accepts these GTCs and the privacy policy as an integral part of the agreement.
   2. The following terms shall apply exclusively to all deliveries and services provided by Filabé. Customer terms that contradict or deviate from these GTCs shall not be recognized. Supplementary agreements and further commitments from Filabé shall only be valid if made in writing. Filabé expressly reserves the right to amend these GTCs at any time.
   3. Offers and deliveries from the Webshop are intended exclusively for Customers with a domicile or registered office in Switzerland or Liechtenstein.
   4. Filabé handles your data confidentially and in accordance with the applicable provisions of the Swiss Federal Data Protection Act (DSG). We will only share your data with third parties if you have authorized us to do so by your consent to our privacy policy or if we are required to do so by law. Associated companies and Group companies of Filabé are not considered to be third parties. You can find our data protection regulations here.

2. Products and prices

   1. Filabé maintains a Webshop at www.filabe.ch with selected products from Filabé Balanced Skin, Aging Skin Balanced, Skin Clear Young, Skin Clear Adult, Irritated Skin, and Uneven Skin Tone (“Products”). The Products in the Webshop are offered individually or in a subscription (see item 4). Filabé may amend or expand the existing Product range at any time.
   2. All prices in the Webshop are stated in Swiss francs (CHF) and include statutory VAT. The respective prices at the time of the order apply exclusive of any separately stated shipping costs.
   3. Filabé reserves the right to change prices at any time. This also applies in particular to subscription prices, which can be changed after the minimum subscription period of three months. Filabé shall inform you in good time of any price changes.
   4. The “price benefits” stated in the Webshop are rounded and are calculated in comparison with the individual purchase of monthly packs.

3. Orders and conclusion of contract

   1. Once the Customer has placed a binding order in the Webshop with consent to the GTCs and the privacy policy by clicking on “Place order” (or comparable wording), the Customer will receive an automatically generated order confirmation at the e-mail address they provided. Receipt of the order confirmation does not yet offer assurance that the Product can be delivered.
   2. The offers and information in the Webshop are non-binding. Every Customer order is subject to the availability/deliverability of the Product, correct pricing and receipt of payment. A binding agreement shall enter into force once the corresponding (electronic) shipping confirmation has been sent, but at the latest when the ordered goods are shipped. This shall also apply in turn to every partial shipment in the case of subscription agreements (see item 4).
   3. If payment is not received on time or if all or some of the goods ordered by the Customer cannot be delivered, Filabé reserves the right to cancel part or all of an order.
   4. If the Customer does not receive the ordered goods within ten days of receipt of the shipping confirmation or the shipping date (postmark), the Customer must report the missing order to Filabé of Switzerland AG in writing (e-mail or letter).

4. Subscription and cancellation

   1. The Customer may purchase individual Products in a subscription. Under a subscription agreement, the Customer shall continually receive delivery of a one-month pack every 28 days from the initial shipment until the subscription is cancelled. The minimum period for a subscription is three months, after which the subscription may be cancelled at any time in writing, by e-mail or by logging in to the Webshop, with a notice period of five days prior to the next delivery. Refusal to accept delivery shall not constitute cancellation.
   2. Promotions and discounts shall only apply to the first delivery/billing period (unless expressly stated otherwise). The regular subscription costs shall apply thereafter.

5. Payment types and terms

   1. Customers have the option to pay for their orders by credit card, PostFinance, PayPal, or invoice. Filabé reserves the right not to offer individual payments types, either in specific cases or in general (e.g. payment on account in the case of large invoice amounts or poor credit) or to offer alternate types of payment.
   2. Subscriptions may be paid by credit card, PostFinance, PayPal, or invoice. Under a non-terminated subscription agreement, the corresponding means of payment that was selected will automatically be charged for each subsequent delivery.
   3. If the Customer’s payment is late, outstanding deliveries shall be retained until proof of payment is supplied. Invoices must be paid within 30 days of receipt of the delivery.
   4. If invoices and reminders go unpaid, invoice amounts may be ceded to a collection agency. In this case, additional effective annual interest of up to 15% may be invoiced from the due date. The collection agency shall claim outstanding amounts in its own name and for its own account and may charge additional processing fees.
   5. The Products shall remain the property of Filabé until the Customer has paid for them in full (retention of title).
   6. For invoice amounts of CHF 400 and above, Products shall only be delivered against advance payment or payment by credit card, PostFinance, or PayPal.

6. Delivery and shipping costs

   1. Goods in stock are shipped within one to two working days of receipt of the order. If ordered items are not in stock, the Customer shall be notified immediately and the goods delivered as soon as possible after consultation with the Customer. All information about availability and delivery dates is non-binding. Delivery delays shall not entitle the Customer to cancellation of the agreement or claims for compensation.
   2. Should the Customer have outstanding payments to Filabé or one of its subsidiaries, Filabé reserves the right not to ship ordered goods until all outstanding payments have been settled.
   3. Missing deliveries must be reported within ten days of shipment (see item 3.4).
   4. Should the Customer refuse acceptance of ordered Products, a processing fee of CHF 30 plus shipping and packaging costs shall be charged for each shipment. These costs shall be charged to the Customer separately and invoiced immediately.
   5. The delivery shall be deemed to be complete once Products are handed over for shipping (e.g. to the post office). Risk and benefit of ownership shall be transferred to the Customer at the same time.
   6. Should an order comprise multiple Products, the Customer shall be obliged to accept partial deliveries. If individual Products can no longer be delivered, the purchase agreement shall only lapse with respect to these undeliverable Products.
   7. All costs arising in connection with undeliverable/returned packages shall be charged to the Customer in full.
   8. In the case of shipments with an order value of up to CHF 99 (incl. VAT), Filabé shall charge a flat shipping fee of CHF 3 per package/shipment. Shipping is free for orders valued from CHF 100 (incl. VAT) and for subscription deliveries. The Customer shall be charged separately for any COD costs.
   9. Filabé reserves the right to change shipping costs and the minimum value for free shipping at any time.

7. Right of return

   1. For reasons of hygiene and product safety, Filabé shall only grant a right of return if the Products are returned unopened, undamaged, and in their complete original packaging. The right of return shall apply for ten days after shipment (postmark).
   2. In case of a return, all costs in connection with shipping shall be borne by the Customer.

8. Warranty and notice of defects

   1. Filabé warrants that supplied Products have been properly stored and delivered in their original packaging and within their shelf life. Customers are obliged to check the shipment immediately upon receipt for any defects and for completeness. Complaints must be sent to Filabé immediately in writing – if noticeable, no later than five days after receipt and if not noticeable, immediately upon discovery. Otherwise, the Customer acknowledges that the shipment was made in accordance with the contractual terms and was in perfect condition. Standard commercial deviations due to properties typical for the material shall not constitute defects.
   2. Defective Products may be returned after contacting Filabé. Filabé shall replace defective Products or shall issue a corresponding credit after consulting the Customer, unless the Customer did not report the defect in accordance with the provisions above. Any other warranty, in particular for properties and effects of the Products, shall be fully excluded to the extent permitted by law. This shall also apply to potential Product liability claims.
   3. Filabé shall not be obliged to supply a replacement if it can prove that it is not responsible for the alleged defect, for example if the Product is used improperly or not as intended, or if the Customer subsequently alters the Product. Claims for damages due to potential errors in images, prices, or text shall be excluded.
   4. Product images may deviate from the Products that are ordered/delivered. The date specified on the packaging next to “Lot” is the production date. Products with a shelf life of more than 30 months do not have a printed expiration date. All Products have a shelf life of at least three months after the package is opened when stored dry.

9. Privacy

   1. Customers’ personal data are collected and processed with the utmost care within the scope of the applicable statutory provisions and in accordance with the privacy policy. For example, when you place an order in our Webshop or subscribe to our newsletter, we store and process your personal data in order to process and fulfill your orders or for promotions. Filabé may use third parties (e.g. shipping companies and payment service providers) for this purpose. When selecting these auxiliaries and service providers, Filabé takes particular care to ensure that any transmitted personal data are anonymized if possible, only processed within the scope of the respective contractual purpose, and not forwarded. You can find further information about this as well as the auxiliaries and service providers we use at privacy policy. Customers may prohibit the use of their personal data at any time, either in general or for individual measures (e.g. advertising purposes).
   2. Depending on the payment service provider you select in the ordering process, in order to process payments we disclose the payment details collected for this purpose to the bank commissioned with the payment and, if applicable, the payment service provider commissioned by us and/or the selected payment service. The selected payment service providers sometimes collect these data themselves if you have/open an account there. In this case, you must register with the payment service provider during the ordering process using your access details. The privacy policy of the respective payment service provider applies accordingly. If we make advance delivery of goods, e.g. for a purchase on account, we may run a credit check with a credit agency on the basis of statistical processes in order to protect our legitimate interests. For this purpose, we transmit the personal data required for the credit check to a credit agency and use the information received about the statistical likelihood of payment default to make a carefully considered decision about the rationale, execution, or termination of the contractual relationship with the Customer. We will inform you of which credit agencies we use upon request.

10. Disclaimer

    1. Filabé shall only be liable for direct damages that are caused by the deliberate or grossly negligent actions of Filabé itself. Liability on the part of Filabé for direct damages due to slight negligence, no matter the legal ground, shall be expressly excluded subject to compulsory legal provisions. Liability on the part of Filabé for indirect or consequential damages, no matter the legal ground, shall be fully and expressly excluded. Furthermore, liability for any auxiliaries, technical problems, service disruptions of the Webshop, and damage to the user’s devices and software shall be excluded.
    2. Filabé takes great care to ensure that the contents of the Webshop are complete and correct. However, Filabé cannot provide any guarantee with regard to the accuracy and reliability of the information. Liability claims against Filabé that relate to both material and intangible damages in connection with inaccurate and incomplete information shall be excluded within the context of item 10.1.

11. Other

    1. The current version of the General Terms and Conditions and the privacy policy shall apply.
    2. All legal relationships between Filabé and the Customer shall be subject to Swiss law and the Vienna Sales Convention (CISG) shall not apply. The place of jurisdiction for consumer claims shall be Zurich or the Customer's domicile. In all other cases, Zurich shall be the exclusive place of jurisdiction.
    3. All intellectual property rights contained and indicated on the website www.filabe.ch, e.g. Product names and designs, are the property of Filabé. Any use outside of legally permissible personal use shall be prohibited, unless Filabé has provided express written approval. Filabé reserves the right to take corresponding legal action in case of violations.
    4. Should one or more provisions of this agreement be or become invalid, this shall not affect the validity of the remaining provisions. Rather, the invalid provision must be replaced by a valid provision that achieves the intended economic purpose of the agreement to the greatest extent possible.

Filabé of Switzerland AG GTCs April 2018 version