1 SCOPE OF APPLICATION
The General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions (services (treatments / training) and products) concluded with UNEW Beauty Couture AG (hereinafter referred to as "UBCAG") or via its sales channels operated by UBCAG (cosmetics institute, online shops) and / or based on the information and prices contained therein.

These are the following brands / sales channels / business divisions.

UBCAG reserves the right to amend the GTCs at any time. The GTC cannot be changed unilaterally by the customer and deviating conditions of the customer are not recognised.
The version of the GTCs in force at the time of booking a service or ordering products in an online shop operated by UBCAG shall be authoritative.
The offers are valid as long as the products, treatments and services can be found in the online shop and/or the product stock is sufficient.
The products offered in the online shop are aimed exclusively at customers with their place of residence or registered office in Switzerland and Liechtenstein. Deliveries are made exclusively to an address in Switzerland or Liechtenstein.
Orders for which a manufacturer requires a treatment or product-specific certification and this cannot be presented, or the quantities suggest a resale to non-end users can be rejected without justification.
For all product orders with special legal requirements such as product authorisation tests, age restrictions, etc., the customer confirms compliance with these legal provisions when placing the order.

2 INFORMATION
2.1 Product and price
The images of products in advertising, brochures, flyers, etc. are for illustrative purposes, including all information relating to products, treatments and services in the online shops; these are non-binding, as they are compiled and presented as customer-friendly as possible.
The information provided by the manufacturer (e.g. manufacturer's warranty) is authoritative, provided that a warranty is offered and is valid in Switzerland.

2.2 Sales prices for end customers
All sales prices published in the online shop luxme-beautyclub.shop and luxme.ch are final prices which include value added tax (VAT) and any advance recycling fees (ARF).
Costs for packaging(s) as well as delivery costs and other possible charges or fees are described in the terms of payment and shipping conditions and may vary depending on the product, payment method and delivery method.
In addition to the final price, a minimum quantity surcharge of a maximum of CHF 25.00 may be levied if the total of the shopping basket is less than CHF 100.00 for an order.

2.3 Sales prices for corporate customers
All sales prices published in the B2B online shops are product prices that do not include CH value added tax (VAT) / DE value added tax (VAT) and any advance recycling fees (ARF).
Costs for packaging(s) as well as delivery costs and other possible charges or fees are described in the terms of payment and shipping conditions and may vary depending on the product, payment method and delivery method.
In addition to the final price, a minimum quantity surcharge of a maximum of CHF 25.00 may be levied if the total of the shopping basket is less than CHF 100.00 for an order.

2.4 Availability and delivery time
UBCAG attaches great importance to ensuring that availability and delivery times in the online shop are up-to-date and as accurate as possible. However, due to production and/or delivery bottlenecks in particular, there may be delays in delivery both at UBCAG itself and at the suppliers and manufacturers. All information on availability and delivery times is without guarantee and may change at any time.

2.5 General information
UBCAG reserves the right to change the prices of the products, treatments and services offered at any time. The prices published in the online shop at the time of the order are decisive for the conclusion of the purchase contract, provided that all conditions under paragraph 3 are met. Additional services ordered for a fee, such as express delivery, transport insurance, etc., are listed separately in the shopping basket and on the invoice.

3 CONCLUSION OF CONTRACT
Products, treatments, training courses and services and their prices on the website or in the online shop are deemed to be an offer. However, this offer is always subject to the condition that the contract is cancelled in the event of impossibility of service, impossibility of delivery or incorrect pricing.
The purchase contract for the products offered by UBCAG is concluded with UBCAG as soon as the customer places an order in the online shop, in the LuXme Beauty Club in Cham, by telephone or e-mail.
An order is placed with UBCAG for the treatments, training and other services offered by UBCAG, which are appointment bookings.
The receipt of an online order for products will be sent to the customer by means of an automatically generated order confirmation from UBCAG to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a promise that the product can actually be delivered. It merely indicates to the customer that the order has been received by UBCAG via the online shop and that the contract with UBCAG has thus been concluded subject to the condition of delivery availability and correct pricing.
In the case of training courses, the contract is deemed to have been concluded when the training date has been confirmed. In the case of treatments, the contract is deemed to have been concluded when an appointment has been made. Note: An appointment agreement is an order within the meaning of the Swiss Code of Obligations (OR) Art. 394ff and is therefore a valid contract.

4 DELIVERY DATE
As a rule, orders are processed within 48 hours of receipt. If it is not possible to deliver the entire order, a partial delivery will be made. The customer bears no additional costs for the subsequent delivery.
If UBCAG is in default of delivery, the customer has the right to withdraw from the contract from the 30th calendar day after the originally announced delivery date (except for special orders). In this case, UBCAG shall reimburse the customer for any amounts already paid in advance. There shall be no further claims against UBCAG.

5 DELIVERY / COLLECTION
For UBCAG products, all delivery and collection options are available to the customer, which are noted in the corresponding online shop operated by UBCAG under "Delivery and collection".
The collection of ordered products from the UBCAG business location can only be arranged by telephone.
The delivery address must be in Switzerland or Liechtenstein. If this is not the case, the order will be cancelled and no contract will be concluded.
If the customer chooses a different delivery address to the billing address, the customer is responsible for ensuring that access to the place of delivery is possible and guaranteed.
If the product cannot be transported to the place of delivery, the customer shall bear any additional costs.
If the customer does not accept the ordered products on the agreed or indicated delivery date and delivery location, UBCAG may terminate (cancel) the contract and charge the customer the delivery costs incurred and a handling fee of 30% of the order value, but at least CHF 100, as well as any loss in value of the ordered products.

6 OBLIGATION TO TEST
The customer must immediately check the delivered or collected products for correctness, completeness and delivery damage.
In the case of forwarding deliveries, any delivery damage must be noted on the delivery note.
Delivery damage, incorrect and incomplete deliveries must be reported to UBCAG for all products within 7 calendar days from the time of collection or delivery.
The customer is aware that such notification must be made by email, stating the order number and with the subject "Return and guarantee". The customer may not use damaged or faulty products. They must keep them as received in their original packaging and follow the instructions of the returns process. See also under Returns Policy.

7 WARRANTY
7.1 Basic provisions
There is no warranty for cosmetic products.
The following applies to non-cosmetic products.
UBCAG shall only assume warranty for defects and functionality of the ordered products after delivery or collection if these can be provided within the timeframe indicated by the supplier.

UBCAG may choose to fulfil the warranty by
a) Free repair
b) partial and complete replacement by an equivalent or identical product
c) Credit note at the current price, maximum the sales price at the time of the order
d) Amount reduction
provide. Replacement of a used or defective product is not possible in any case.

Wearing parts such as batteries, rechargeable batteries, power cables, adapters and light sources in particular are completely excluded from the warranty by both UBCAG and the suppliers.
In all other respects, the exclusions of liability pursuant to Section 8 shall apply.
If the manufacturer's warranty extends beyond UBCAG's warranty, UBCAG shall also grant this to the customer.

Both UBCAG and the suppliers may, at their own discretion, provide the customer with a replacement device / exchange device during the examination of the warranty claim (exchange subject to reservation). This is subject to the (suspensive) condition that a warranty claim actually exists. The replacement product shall not be transferred to the customer until UBCAG or the supplier has accepted the warranty.

If UBCAG or the supplier rejects a warranty claim, the customer may purchase the replacement product at the value of the goods at the time of delivery, or it is obliged to return the replacement device at its own expense.

7.2 Additional provisions for demonstration products
Different provisions apply to products labelled as "demonstration products" in the online shop. They may have slight visual defects or be refurbished products, which is why they are sold at a reduced price. These visual defects are excluded from the warranty and are disclosed in the item details. Furthermore, no warranty period applies to these products and they cannot be returned. The buyer is aware that he is purchasing a used product and that UBCAG or the supplier accepts no liability in this regard.

8 LIABILITY AND EXCLUSION OF LIABILITY
Liability shall be governed by the applicable statutory provisions. However, UBCAG and/or the supplier shall in no case be liable for
(i) slight negligence
(ii) indirect and consequential damages and loss of profit
(iii) unrealised savings
(iv) Damages from delay in delivery
(v) any acts and omissions of UBCAG's agents or any supplier, whether contractual or non-contractual.

Furthermore, UBCAG or UBCAG's suppliers shall not be liable for damages resulting from any of the following causes:
Improper, non-contractual or unlawful storage, adjustment or use of the products;
Use of incompatible replacement parts or accessories (e.g. power supply); failure to maintain and/or improper modification or repair of the products by the customer or a third party; force majeure, in particular damage caused by the elements, moisture, falling and impact, etc., for which UBCAG is not responsible, and official orders.

9 PAYMENT
9.1 Payment options
All claims for payment of products, treatments and services purchased through UBCAG's distribution channels are made directly to the customer.
Payments must be made in Swiss francs.
Cash payment is possible for UBCAG products in the event of collection and for treatments and services in the cosmetic institute operated by UBCAG.
The customer can use the payment methods offered in the online shop under "Payment options".
The customer acknowledges that additional fees may be incurred when paying in the online shop by credit card or PayPal.
In the cosmetics institute operated by UBCAG, customers can pay by cash, EC, TWINT, AMEX, VISA and EUROCARD.
In the case of payment by credit card or other instant payment methods, the charge is made immediately upon payment.

When purchasing on account, the customer is obliged to pay the invoice amount within 10 calendar days of receipt of the delivery without any (cash discount) deduction. In the event of a partial return of the delivered products, the invoice amount may be reduced accordingly after written agreement with UBCAG.
See return policy.
Purchase on account is only possible for existing customers who have achieved a product turnover of at least 400 CH.

9.2 Default of payment
If the customer fails to fulfil its payment obligations in whole or in part, all outstanding amounts owed to UBCAG under any title shall become due immediately (in the case of advance payment within 8 calendar days of the first reminder) and UBCAG may demand immediate payment and suspend further deliveries of products to the customer.
UBCAG will charge an administrative fee of CHF 10 for the first reminder and an additional administrative fee of CHF 20 for the second reminder. In the event of unsuccessful reminders, the invoice amounts may be assigned to a company entrusted with debt collection. In this case, an additional effective annual interest rate of up to 15% may be charged on the invoice amount owed from the due date. The company commissioned with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.

9.3 Retention of title
Products ordered remain the property of UBCAG until full payment has been made to UBCAG. UBCAG is authorised to make a corresponding entry in the retention of title register. Prior to the transfer of ownership, pledging, transfer by way of security, processing or remodelling is not permitted without the express consent of UBCAG.

10 CHANGE OR CANCELLATION
10.1 Deliveries
Orders oblige the customer to accept the products and services. UBCAG may, at its own discretion, accept subsequent changes to or cancellations of orders placed by the customer and charge a handling fee of 30% of the cancelled order value, but at least CHF 100, as well as any loss in value of the cancelled products since they were ordered. If a (partial) delivery impossibility (resolutory condition) occurs after an order or the conclusion of the contract in accordance with section 3, the customer will be informed immediately by e-mail. If the customer has already paid for the products and services, this amount will be refunded in full or in part. If no payment has yet been made, the customer shall be released from the obligation to pay for the undeliverable products in full or in part. Further claims due to delayed delivery or cancellation of delivery are excluded.

10.2 Booking appointments at the Institute
According to the OR, appointment bookings are orders for which UBCAG explicitly reserves time for a treatment and oblige the customer to keep these appointments.
An agreed appointment can be rebooked or cancelled up to 24 hours before it is due to take place. The customer will be charged 100% for any changes or cancellations of appointment reservations made by the customer less than 24 hours in advance. 
(according to OR Art. 394 ff.) 

10.3 Training datee
According to the OR, training dates are orders for which UBCAG explicitly reserves time for training and oblige the customer to attend these dates. 
(according to OR Art. 394 ff.) 

A booked training course can be rebooked or cancelled before it takes place under the following conditions.

Training courses,
that are cancelled up to 30 calendar days before the event will be refunded at 100%.
that are cancelled up to 15 calendar days before the event will be refunded at 50%.
cancelled less than 15 calendar days before the event will not be refunded.

11 RETURN
The return policy is an integral part of these GTC. By accepting these GTCs, the customer also declares their agreement with the return policy.

12 REPAIR OUTSIDE THE WARRANTY
The costs for a repair outside of the warranty in accordance with section 7 shall be borne by the customer. In the case of devices that have no detectable defects or where the defect is not covered by the warranty in accordance with section 7, the costs for the inspection of the claimed defect and the shipping costs shall be charged to the customer.

13 FURTHER PROVISIONS
13.1 Non-assignable returns
Returns that cannot be assigned to a customer or cannot be returned to the customer will be kept by UBCAG for six months and then disposed of.

13.2 Warranty goods that cannot be collected or delivered
If goods in connection with the provision of the warranty in accordance with clause 7 are not collected from UBCAG within three months of the request for collection being sent to the customer, UBCAG shall be entitled to dispose of the goods, in particular to dispose of them.

13.3 Shipping conditions
The shipping conditions are an integral part of these GTC. By accepting these GTCs, the customer also declares his agreement with the shipping conditions.

13.4 Data protection
The privacy policy is an integral part of these GTC. By accepting these GTCs, the customer also declares their agreement with the privacy policy.

13.5 Divisional validity
Should individual provisions of the GTCs be invalid or ineffective, this shall not affect the validity of the remaining provisions of these GTCs.

13.6 Place of jurisdiction and applicable law
All legal relationships between UBCAG and the customer are subject to substantive Swiss law. The Vienna Sales Convention is not applicable. The exclusive place of jurisdiction is Zug / Switzerland.

13.7 Copyright notice
All rights, namely copyrights, to these GTCs are held by UBCAG.
Any reproduction, distribution or other use is prohibited and only permitted with the express written consent of UBCAG. UBC reserves the right to take all legal action in the event of an infringement.

UNEW Beauty Couture AG
Cham, January 2024