General Terms and Conditions of Business
Area of application and contracting partner
These General Terms and Conditions of Business (hereafter “T&C”) shall apply to all contracts entered into between you as the buyer and us as the operator of the Online Shop under www.josephs-toiletries.com (the “Seller”). You acknowledge these T&C in the current version applicable at the time of your order. Any agreement entered into verbally or by telephone must be confirmed in writing to be binding. This requirement for written form is met if such confirmation is contained in an e-mail.
Any terms and conditions of the buyer contrary to these Terms and Conditions, including such conditions which the buyer states to be applicable when accepting the contract, shall not be integral parts of the contract. They shall only be valid if and to the extent that they have been accepted by the Seller expressly and in writing.
The operator of the Online Shop www.josephs-toiletries.com (the “Online Shop“) and your contracting partner is:
ideas beyond Ltd.
Formation of contract
The presentation of our goods in the Online Shop shall not be construed as a binding offer of sale. The offer to enter into a contract of sale is made by you as the buyer by clicking on the “place my order” button after completely filling out the order page. You are bound by your order for one week. The contract is bindingly entered into if we accept your order within this period in accordance with paragraph 2.2.
After sending your order, you will receive an automatic confirmation by e-mail that we have received your order (order confirmation). This is not an acceptance of contract. We declare acceptance of contract by sending you an invoice, and by confirming by e-mail that the goods are leaving our warehouse (dispatch confirmation), or at the latest by delivery of the goods.
The scope of performance is specified in our confirmation of contract. Subject matter of the contract are those items expressly listed in our invoice or confirmation of contract.
The contract is entered into in English language. The data stored by us serves as proof of the conclusion of the contract and of the transaction.
Prices and extra costs
The prices shown in our Online Shop include statutory VAT and all other price elements. They are given in the currency as indicated in the Online-Shop.
Additional cost may arise for shipping and will be indicated in our Online-Shop.
Seller reserves the right to change prices at any time. For buyers, the prices that are published in the Online-Shop at the date of order apply.
Payment and reservation of title
You may effect payment of the purchase price by method of your choice, either credit card (VISA, Mastercard or American Express) or by bank transfer (invoice) provided that it is available in the Online-Shop.
When you sign up for a subscription, your credit card will be charged for every recurring shipment separately.
If the amount payable is not credited to our account due to insufficient credit card funds or insufficient account funds or if the payment is reversed for any other reason, we reserve the right to invoice a fixed-sum compensation of CHF 100 for re-debiting costs incurred.
The fixed compensation charge in sections 4.3 only applies if no greater damages are incurred in a particular case. Any further legal claims shall remain unaffected.
If you purchase on account, provided that this method of payment is eligible, payment must be made within 30 days after delivery. In case of late payments the Seller will send a maximum of two reminders. For the second reminder the Buyer will be charged a fee of CHF 100. A late interest of 5% applies to any delayed payment. The Seller reserves the right to claim further damages.
You only have the right to set off or withhold payment to the extent that your claim has been bindingly established by a court of law or is uncontested. Your rights in the event of defects in delivery are not affected by this.
We retain title of ownership of the delivered goods until payment has been effected in full of the invoiced sum for the delivery (final and unreserved credit to our account of the whole purchase price including any relevant additional costs).
Delivery and passing of risk
We have the right to make partial deliveries in the event that not all goods ordered are available in stock.
In the event of default without any fault of the Seller, you are not entitled to waive subsequent performance or rescind the contract or claim compensation for damages.
Our obligation is to be performed at the debtor’s place of business (obligation to send) and is fulfilled upon handover of the goods to the shipper. After dispatch, the risk of accidental deterioration and accidental destruction of the goods passes to you. We are not liable for any fault of the shipping company we employ.
Delivery times stated in the Online Shop or on our confirmation of dispatch pursuant to section 2.2. are calculated at the time of our confirmation of the order, but not if payment is made by advance bank transfer, before the amount of the invoice has been credited to our account.
Duty to inspect and report defects, liability for defects
You are obliged to examine the delivered goods as soon as the course of normal business permits and bring any defects found to our attention without undue delay by e-mail to [email protected]. If you fail to do so, the products will be deemed to have been approved. Such approval will in any case be deemed to have been effected if the buyer has not notified defects in writing within fourteen (14) days following delivery.
Small and/or technically unavoidable deviations of quality, colour, size, shape or design shall not be considered to be defects. Defects which are not detectable when a due and proper examination in accordance with the previous paragraph is being undertaken, must be reported to the Seller immediately following their discovery in writing, otherwise the ordered products will be deemed to have been approved with regard also to such defects.
We carry out our warranty obligations by rectifying defects. This may be effected at our discretion either by means of supplementary performance, i.e. rectification of a defect (rectification), or by delivering an item free of defect (replacement delivery). Replaced products become the property of the Seller.
If supplementary performance fails, the buyer has the right to rescind the contract of sale. This does not apply in the case of insignificant defects. The buyer has no right to demand a reduction in price. This exclusion of liability also covers all claims that compete with the warranty rights, whether they arise from contract (Art. 97 ss. CO) or tort (Art. 41 ss. CO), or voidance of the contract on grounds of error (Art. 23 et seq. CO) etc.
Claims by the buyer arising from a defect in the delivered item become time-barred under the statute of limitations one year after the delivery of the item.
The buyer does not receive any guarantees by us in the legal sense. Advertising, public statements do not constitute statements of characteristics of the goods in accordance with the contract. We, as the Seller, undertake no liability whatsoever for the descriptions made by third parties, especially by buyers within the scope of any possible buyer evaluations published in the Online Shop.
Cancelation right / returns
You have the right to cancel the contract and return the purchased products within 14 days of your order being delivered to you and receive a refund of the purchase price, provided that the products are returned in their original packaging and in their original condition, have not been damaged and have not been used.
The return shipment is at your own cost and is not paid by the Seller. The products have to be returned with a copy of your certificate of delivery to:
ideas beyond Ltd.
Unidentified returns will be returned to the sender. Please have the return shipment confirmed and store any necessary receipts/confirmations carefully in the event of any queries.
These Terms and Conditions shall be exhaustive with regard to any and all cases of breach of contract and the legal consequences thereof and in respect of any and all claims by the buyer, regardless of the legal grounds on which such claims are lodged. The buyer shall have no claims whatsoever to compensation of damage or loss which has not occurred on the product itself. Claims for liability exceeding the value of the order are excluded.
The disclaimer of liability in the foregoing paragraph 1 shall not apply in respect of unlawful intent (malicious intent) or in the event of gross negligence.
The ordered products may be used only for the use that has been agreed. Written consent must be obtained in advance for other uses.
The treatment of the buyer’s personal data by the Seller is governed by the data privacy statement, which forms an integral part of these Terms and Conditions. The data privacy statement can be downloaded from the website www.josephs-toiletries.com. For the purpose of processing the order we store our buyers’ data and for this purpose pass them on to third parties as necessary for the fulfilment of our services. The buyer may object at any time to the use of the data for advertising purposes. The seller will not make use of your personal data other than what is required to deliver best service and keep you informed.
Severability Clause / reservation of amendments
Should any stipulations of these Terms and Conditions become ineffective or unfeasible, the validity of the remaining provisions hereof shall not be affected thereby. The Parties undertake to replace the ineffective provision with any permissible and valid provision, which comes closest with regard to its content to the original intention and the economic purpose being pursued therewith.
All amendments and additions to these Terms and Conditions must be made in a form, which enables proof of them to be shown by means of text, such as fax or e-mail. The same applies to any amendment of the requirement of written form. The Seller may amend these Terms and Conditions at any time. The buyer will be notified of such amendments by e-mail or by any other suitable means online. If the buyer uses the services of the Seller following such amendment, such use shall be deemed to be tacit acceptance of the new Terms and Conditions. The current version of the Terms and Conditions may be read and downloaded at [Link].
The Buyer is not entitled to assign any rights under the contract in whole or in part or otherwise transfer any other rights and obligations to third parties without consent of the Seller.
Choice of law and place of jurisdiction
The exclusive place of jurisdiction for any and all disputes arising from this contractual relationship shall be the courts of the City of Zurich.
Swiss substantive law shall apply exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.