General Terms & Conditions (GTC)

General Terms & Conditions of Trade of Functional Cosmetics Company AG


1. General Conditions

For business relations between the company Functional Cosmetics Company AG, CH-4052 Basel (from now on Functional Cosmetics Company AG) and the customer, the currently available version of the general terms and conditions at the time of the order in the Internet applies exclusively. Alternative conditions or conditions deviating from these GTCT are not recognized by the Functional Cosmetics Company AG and are hereby explicitly rejected. Alternative trading conditions of the customer are only valid if the Functional Cosmetics Company AG expressly agrees and approves in writing.

2. Conclusion of the Contract

 The sales contract is fulfilled with the delivery of our order confirmation, the delivery of the goods or the acceptance of payment.
Functional Cosmetics Company AG reserves the right to reject an order from any customer.

3. Right of Withdrawal

Customers have following right of withdrawal:

Cancellation terms and conditions  

Right of Withdrawal

Any customer has the right to revoke his / her contractual statement within two weeks, in writing (e.g. letter, fax e-Mail) or by returning the goods without stating reasons. The period begins at the earliest with the receipt of the goods at the customer´s and he / she has received in writing (e.g. letter, fax e-Mail) an additionally issued instruction for the right of withdrawal. For securing this period the timely posting of the withdrawal or the goods is sufficient. Withdrawal resp. Return Shipment of goods have to be addressed to:
 
Functional Cosmetics Company AG
Nauenstr.67
4052 Basel
Switzerland
Fax: +41 (61) 303 80 09
E-Mail: contact@sweat-stop.com

Withdrawal Consequences

In case of an effective withdrawal already received benefits have to be returned. Can the customer not or not fully or only in worse conditions return the received benefits he has to refund in that respect. When having received goods, this does not apply if: the worsening (or the demise) of the goods is due solely to the inspection - as it would have been possible in a shop -  or the worsening of the goods has occured during the normal putting into use process. Goods suitable to be shipped in a package have to be return-shipped, wherein the seller bears the risk of this shipment. The return shipment is free of charge for the customer. The sender meets the costs of the initial shipment. Nevertheless, you have to take the costs of the return if the delivered commodity complies to the ordered commodity and if the price of the case to be sent back does not exceed an amount of 40 Euro, or if you have not produced the quid pro quo or a by contract agreed hire-instalment with a higher price of the case at the time of the revocation yet.

End of cancellation terms and conditions 

4. Money Back Guarantee

The money back guarantee is a voluntary service of Functional Cosmetics Company AG. Within 30 days, starting from the receipt of the product, it may be claimed. 
  
The legal right of withdrawal remains independently.
 
To make use of the money back guarantee please adhere to the proceeding mentioned below.
  1. Send us an email to contact@sweat-stop.com with your order number and the reason for return
  2. The deadline is observed
  3. We will give advise concerning the correct application, offer you the appropriate product for your needs or inform you about the returning conditions
  4. You are satisfied or will be reimbursed

Important indications for claiming the 30 days money back guarantee

  • Our customer service needs to be consulted previous to to the return. Therefore the customer needs to announce his request by e-mail in advance. Fright forward and unheralded returns within the 30 days money back guarantee will not be accepted and will be sent back to the customer. Additional arising charges are to be carried by the customer
  • If no solution can be found after the consultation or with another product, the full purchase price excluding shipping costs will be reimbursed
  • Potential returns have to be sent to the correct warehouse:
For returns from Germany or from any other country except Switzerland following address is appropriate:
 
Functional Cosmetics Company AG
Distribution Center
Schwarzwaldstr. 31
79539 Lörrach
Germany

For returns from Switzerland following address is appropriate:
Functional Cosmetics Company AG
Nauenstr.67
4052 Basel
Switzerland

5. Payment

The price that is listed on the offer or on the sales confirmation is invoiced. It is to be payable at the time of the order.
If the payment is made by credit card, the data is processed immediately to the financial institution. The payment takes place immediately with the order, if the payment is authorized by the financial institution.
The restraint or offset of payments due to eventual counterclaims are not permissible, unless these counterclaims were ascertained legally valid or confirmed by us in written form. With a justified collection of a claim over attorneys or debt collecting agencies the thereby arising costs are to be beard by the customer.
Our payment is carried out by Heidelberger Payment GmbH www.heidelpay.de.

6. Terms of delivery

Delivery per post
The products are sent to the delivery address indicated by the customer in his order. The dispatch of the commodity takes place after the payment was credited on our account.
The articles are dispatched per post.
The delivery deadlines indicated by the Functional Cosmetics Company AG are noncommittal. The Functional Cosmetics Company AG and its partners do their best to keep these conditions of delivery. If they should be exceeded, this excess does never give reason for a cancellation of the order, remuneration or an extra charge for late payment.
The supply is considered as completed, as soon as the the product is at the customer’s disposal.

CONVERSION, RETURN AND OBJECTIONS
The customer is incumbent upon examining the commodity immediately after the supply to object to possible defects or deviations from the order. Aforesaid objections or complaints must be communicated to the Functional Cosmetics Company AG within shortest time after the supply.

7. Website

Copyrights
 All in the internet published information and contents, like illustrations, designs and diagrams which are to find under the internet addresses www.sweat-stop.com/.de, www.schweiss-stop.de/.at/.info/.com and www.schweiss-stop-deo.de in the following called „website “,are proprietary and copyrighted by the Functional Cosmetics Company AG. The Functional Cosmetics Company AG expressly reserves all rights.
No rights are delegated to you by using, downloading or copying whatsoever. The same applies for Functional Cosmetics Company AG’s identification and its logo.
The Website’s entire structure and content is copyrighted. This also applies particularly for diagrams and data bases.
The utilization of data or information, in particular the use of texts from this website, is permitted only after previous written agreement with the Functional Cosmetics Company AG. A commercial use of any kind - also concerning extracts of this website - is permitted only after consultation with the Functional Cosmetics Company AG.

8. Use of the Website

Using the website is, among other things, subject to the following conditions: Links to the website are expressly permitted, preconditioned that these remain clearly recognizable as offers of THIS website. Please inform the Functional Cosmetics Company AG, if you link to the website, so that the Functional Cosmetics Company AG can give notice to you in the case the website is restructured. Functional Cosmetics Company AG expressly reserves the right to take legal action in case of offences against these copyright conditions. Expressly, no contractual relationship of any kind comes into being between the user of this website and the Functional Cosmetics Company AG, whatsoever. Concerning this, the will of legal consequence on sides of the Functional Cosmetics Company AG is missing.

9. Links to other homepages

Other homepages can be attained through inserted links on this website. The licensee can assume no liability or warranty for these homepages and their contents. On May the 12th, 1998, the regional court Hamburg, Germany, decided that through the output of a link, if applicable, responsibility has to be taken for the content of a linked page. This can - according to the regional court - only be prevented by expressly dissociating from these homepages contents. On diverse pages of this homepage, we link to other websites in the internet. For all these links following is essential:
 
We expressly stress, that we have no influence at all on the design and contents of the linked pages. Therefore, we hereby dissociate ourselves expressly from all contents of all linked pages on our homepage and do not inhere in their contents. This explanation takes effect for all links listed on our homepage.

10. Limitation of Liability

WITH EXCEPTION OF ADHESION RESULTING FROM COMPULSORY DETERMINATION OF PORDUCT LIABILITY, LIABILITY FOR PERSONAL INJURY AND THE LIABILITY IN WHICH THE CUSTOMER HAS TO PROOF INTENT OR GROSS NEGLIGENCE, ANY LIABILITY OF THE FUNCTIONAL COSMETICS COMPANY AG, IT’S SUPPLIERS AND LICENSORS IS LIMITED FOR THE SUBJECT OF THE CONTRACT’S SUPPLIES AND PERFORMANCES, ALSO FOR ALL ACTIONS OF THE VICARIOUS AGENTS, WITH THE VALUE OF THE AFFECTED SUPPLY AND PERFORMANCE IN THE AMOUNT OF THE ACTUAL NET RECOMPENSE AGREED UPON WITH THE CUSTOMER, BUT AT MOST THE RECOMPENSE FOR THE AFFECTED SUPPLY AND PERFORMANCE IN THE 12 MONTHS PRECEDING THE CLAIM. ANY OTHER COMPENSATION FOR LOSS SUFFERED, PARTICULARLY FOR LOSS OF PROFIT, FOR CONSEQUENTIAL HARMS CAUSED BY A DEFECT, FOR INDIRECT HARMS AND HARMS THAT AFFECT A THIRD PARTY, ARE ENTIRELY EXCLUDED.

THE PARTIES IRREVOCABLY RECOGNIZE THE SUITABILITY OF THE REGULATION OF LIABILITY IN THIS SECTION. 

12. Severability clause

If a clause of this contract should be recognized as illicit and therefore as powerless by the responsible court, this regulation is replaced without any further assistance of the parties by valid regulations, which come closest to the legal and economic objective of the original regulation.

13. Applicable right and legal venue

To the exclusion of the international conflicting rule, this contract is subject to the applicable law Basel, Switzerland. The exclusive legal venue is the factual responsible court for Basel.
 
 
 Basel, February 2013
Desktop-Version | Mobil-Version