General Terms and Conditions of Business

Swiss Suncare SA 

Valid from January 2019

General principles

1. These General Terms and Conditions of Business regulate all orders, deliveries and services of Swiss Suncare Ltd, Commugny, (herein- after referred to as Swiss Suncare).

2. By placing an order, the customer acknowledges these Terms and Conditions of Business.

3. In accordance with these General Terms and Conditions of Business, orders placed can be considered accepted by Swiss Suncare provided the Customer does not receive written notification to the contrary within fifteen days of receipt of the order.

4. Orders accepted by Swiss Suncare are considered confirmed and can no longer be cancelled.

Prices

1. The prices charged correspond to the prices valid at the time of the order.

2. Prices are quoted net, excluding VAT, ex works Commugny, packaged but excluding insurance and customs duties (Incoterms 2010), unless otherwise agreed in writing.

3. In the case of sales in foreign currencies, the prices applied are those of the country of destination. The place of residence is determinant and will rule the tarification accordingly.

Payment terms

1. Unless otherwise specified, for professionals and resellers, payment must be made net within 30 days of invoice date, without deduction of discount, fees, taxes, duties, duties or other. For individuals and private customers, payments are anticipated.

2. In case of late payment, past 50 days of delay, a default annual interest of 6% will be charged.

3. Should the customer be in arrears with payment for a partial delivery, Swiss Suncare is entitled to hold back further partial deliveries until the outstanding invoices have been settled in full.

4. In the event of continued non-compliance with payment terms, Swiss Suncare reserves the right to withhold or demand pre-payment to carry out deliveries or to stop deliveries to the customer completely.

5. The goods shall remain the property of Swiss Suncare until full payment has been received. The customer undertakes to take all necessary measures to protect the property of Swiss Suncare.

Delivery, terms of delivery and delivery obligations

1. Once the minimum order amount is reached, the deliveries are made free home, respectively free of charge (lower station of cable car, access by truck and guaranteed parcel service). For destinations not served by the post office, unless prior written agreement, the share of any additional transport costs remains the responsibility of the recipient.

2. The maximum delivery period is 10 days from receipt of order. In exceptional situations or in the event of warehousing bottlenecks, Swiss Suncare will notify the customer immediately. The customer is then free to cancel or modify the order with reference to the undeliverable items or to accept a later delivery date.

3. The customer is not entitled to any damages, compensation or withdrawal resulting from a late delivery.

4. Goods in acceptable and saleable condition may be returned within one month and in their original sealed containers/packaging. Returns and shipping costs will be supported by the originator of the return.

Guarantee/liability

1. Swiss Suncare guarantees that the delivered products comply with the latest Swiss, European regulation and are free from manufacturing or material defects and comply with the indicated specifications. 

2. The customer or the reseller ensures that the products sold do not exceed the expiry date indicated on the packaging and undertakes to remove them from the sale if necessary.

3. Unless expressly agreed with the customer, expired products are not taken back by Swiss Suncare. The guarantee and the liability of Swiss Suncare do not go beyond; damages or loss of profit resulting from the obsolescence of the goods are excluded.

4. On receipt of the goods, the customer must immediately check whether the quality and quantity correspond to the contractual agreement. Complaints should be addressed to Swiss Suncare in writing within 8 days of receiving the goods. Complaints received later than this cannot be taken into consideration.

5. If the goods do not comply with the contractual agreement, Swiss Suncare has the option of delivering a replacement for the faulty goods, carrying out an additional delivery in the event of a shortfall or reimbursement/credit note of the purchased price. Any further guarantee or liability of Swiss Suncare for harm or damage caused by defects or lost profit is excluded.

6. Defects that are beyond the control of Swiss Suncare, such as inappropriate transport or storage, inappropriate handling or packaging of the goods by the customer or third parties, environmental influences or force majeure, are excluded from the guarantee. Guarantee claims shall lapse as soon as the customer or a third party makes any changes to the delivered goods, unless the customer can prove that the defect cannot be attributed to the changes made.

Data protection

1. Swiss Suncare shall collect and process the customer's personal data, such as name, address, telephone number, email address and contact person, in accordance with Swiss data protection laws.

2. Swiss Suncare uses the customer's personal data for handling the contractual and customer relationship management. Swiss Suncare shall take the necessary action to guarantee the security of personal data.

Applicable law and jurisdiction

1. These General Terms and Conditions of Business and the corresponding supply contract are governed exclusively by Swiss law, excluding the Swiss Federal Law on International Private Law (IPRG; SR 291). Application of the UN Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna sales law) is expressly excluded.

2. The sole place of jurisdiction is Commugny. Swiss Suncare may also take legal action against customers at their own place of jurisdiction.