These general terms and conditions (“GTC”) apply to the entire business area of Amira Bio Cosmetics GmbH (hereinafter “company”). The company sells high quality natural cosmetic products based on ingredients and oils from Morocco. The products are vegan and free from any animal testing. In addition, all packaging is recyclable.
The contract is concluded when the company confirms the agreement regarding the purchase of products by the customer.
The contract is in any case concluded when the customer orders the products offered by the company via the company’s online shop or buys them directly.
Subject to other offers, all prices are in Swiss Francs (CHF). All prices are exclusive of any applicable value added tax (VAT).
The prices are exclusive of any other applicable taxes as well as exclusive of packaging and shipping costs.
The company reserves the right to change prices at any time. The prices on the company’s website valid at the time the contract is concluded apply.
The company offers the customer the following payment options: credit card, PayPal, prepayment, instant transfer.
Offsetting the amount invoiced against any claims by the customer against the company is not permitted.
The company has the right to refuse delivery or provision of services in the event of default in payment.
Delivery takes place within 14 (fourteen) working days after receipt of the order. If a timely delivery is not possible, the customer will be informed by the company within 1 (one) working day after receipt of the order and the new delivery date will be communicated.
Unless otherwise agreed, the place of performance is agreed to be the company’s registered office. The company fulfills by handing over the ordered products to the agreed carrier. If no carrier is agreed, the company is free to choose a carrier.
The parties have the express right to call in auxiliary persons to carry out their contractual obligations. You have to ensure that the auxiliary person is involved in compliance with all mandatory legal provisions and any collective employment contracts.
An exchange of products is generally excluded.
The statutory warranty provisions apply.
The company guarantees the above for a maximum period of 24 (twenty-four) months.
Any deficiency must be reported to the company immediately. It is up to the company to decide whether to repair or replace the defective product. The customer is only entitled to a reduction in the purchase price or a refund if a replacement or repair is not possible. The right to reimbursement of costs for external repairs is excluded. During the repair period, the customer is not entitled to a replacement product. The warranty begins anew for the repaired element; the original warranty period continues for the remaining elements of the product.
Liability for any indirect damage and consequential damage is excluded in full.
Liability for direct damage is limited to the contract amount. This limitation of liability does not apply to direct damage caused by gross negligence or intent.
The customer is obliged to report any damage to the company immediately.
Any liability for auxiliary persons is completely excluded.
The company is entitled to all rights to the products, services and any trademarks, or the owner is entitled to use them.
Neither these terms and conditions nor the associated individual agreements contain the transfer of any intellectual property rights, unless this is explicitly mentioned.
In addition, any further use, publication and making available of information, images, texts or anything else that the customer receives in connection with these provisions is prohibited unless it is explicitly approved by the company.
If the customer uses content, text or graphic material in connection with the company to which third parties have property rights, the customer must ensure that no third party property rights are infringed.
The company may process and use the data recorded in the context of the conclusion of the contract to fulfill its obligations under the contract. The company takes the measures that are required to secure the data in accordance with the statutory provisions. The customer declares his full consent to the storage and contractual use of his data by the company and is aware that the company is obliged and entitled to disclose information from the customer to these or third parties by order of courts or authorities. If the customer has not expressly prohibited it, the company may use the data for marketing purposes. The data required to fulfill the service can also be passed on to commissioned service partners or other third parties.
The data protection regulations also apply.
These general terms and conditions can be changed by the company at any time.
The new version comes into effect 30 (thirty) days after the company has been activated on the website (www.amira-cosmetics.com).
For customers, the version of the terms and conditions that is in force at the time the contract is concluded applies. Unless the customer has agreed to a newer version of the terms and conditions.
These terms and conditions take precedence over all older provisions and contracts. Only provisions from individual contracts that specify the provisions of these GTC take precedence over these GTC.
Should any provision of this contract or an attachment to this contract be or become invalid, this shall not affect the validity of the rest of the contract. The contracting parties will replace the invalid provision with an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any contractual loopholes.
Both parties, as well as their auxiliaries, undertake to treat as confidential all information that has been submitted or acquired in connection with the services. This obligation remains in effect even after the contract has ended.
If the timely fulfillment by the company, its suppliers or third parties involved as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or . Reactor damage impossible so the company is released from the fulfillment of the obligations concerned during the duration of the force majeure as well as an appropriate start-up period after its end. If the force majeure lasts longer than 30 (thirty) days, the company can withdraw from the contract. The company has to reimburse the customer in full for payments already made.
Any further claims, in particular claims for damages as a result of vis major, are excluded.
The customer acknowledges that any sales partners or agents work independently and therefore independently of the company and that any potential claims against them must be asserted directly. The company is in no way liable for breaches of contract by any agents and sales partners.
These terms and conditions are subject to Swiss law. Unless mandatory statutory provisions apply, the court at the company’s registered office is responsible. The company is free to take legal action at the defendant’s registered office. The United Nations Convention on Contracts for the International Sale of Products (SR 0.221.211.1) is explicitly excluded.