T&Cs
1. Scope of application
2. Information on the website/offer/prices
3. Order / Delivery
4. Delivery and delivery deadline
5. Products delivered in error
6. Vouchers & Bonus programme
7. Shipping costs
8. Warranty and liability disclaimer
9. Right of cancellation / Right of return
10. Methods of payment and invoicing / dunning
11. Data protection
12. Liability
13. Partial invalidity / Validity preserving reduction
14. Applicable law/ Place of jurisdiction
15. Changes to Terms & Conditions
1. Scope of application
These Terms & Conditions (T&Cs) apply to all orders which are submitted by individuals domiciled in Switzerland or the principality of Liechtenstein, via the online shop of the company PerfectHair AG, Hertistrasse 27, 8304 Wallisellen, +41 (0)52 544 16 00, shop@perfecthair.ch, www.perfecthair.ch (hereinafter referred to as PerfectHair.ch). PerfectHair.ch provides all services exclusively on the basis of these Terms and Conditions. By submitting an order, the customer expressly consents to these T&Cs. These form an integral part of the contract between the customer and PerfectHair.ch.
2. Information on the website/offer/prices
2.1 PerfectHair.ch always endeavours to inform and explain to its customers to the greatest possible extent regarding the products and services on offer. The information at www.perfecthair.ch is taken, in part, directly from the manufacturers or from experts, ambassadors and authors respectively, and is compiled in a structured and customer-friendly way by PerfectHair.ch for the customers.
2.2 All information at www.perfecthair.ch is without engagement, and any form of liability is rejected. PerfectHair.ch also excludes in particular, within the framework of statutory regulations, any form of engagement and liability for how correct, complete and up-to-date the information is.
2.3 We reserve the right to make changes to the prices and to the range at any time. Images of all products and illustrations are not colour-binding, and can deviate from the original. Technical drawings of delivered products can deviate from the drawings of the manufacturer, or other information listed on the Internet.
2.4 The current prices are published on the Internet at www.perfecthair.ch.
2.5 The prices are mutually binding at the point of order. If mistakes or errors have been made with the stated price, PerfectHair.ch reserves the right to make subsequent price changes. In this case, the customer shall be informed and is not obligated to take receipt of the products affected by the price change.
2.6 All prices are stated in Swiss francs (CHF), and include statutory VAT if not otherwise stated.
2.7 In addition to the stated prices, shipping costs which are expressly stated on the article webpage shall be incurred, depending on the type of shipping.
2.8 Upwards of an order value of CHF 160, after the deduction of discounts and special offers, the shipping costs shall be borne by PerfectHair.ch (except A-Post Priority against signature).
3. Order / Delivery
3.1 An order shall become binding for the customer when they click on the button ‘Zahlungspflichtig bestellen’ (‘Submit binding order’) to confirm their order on the webpage on which the complete overview of the order is displayed, at the end of the order process.
3.2 The customer shall then receive without delay a corresponding confirmation of receipt email from PerfectHair.ch after placing the order, which is sent to the email address specified by the customer. Up until the point in time when an order is shipped, PerfectHair.ch reserves the right, in a separate email to the customer, to reject the order or to reduce the order amount, through which no contract is created between the customer and PerfectHair.ch, respectively a contract governing the reduced order amount. Unless of course, the customer informs PerfectHair.ch without delay that they have no interest in receiving a reduced order amount.
3.3 In particular, PerfectHair.ch reserves the right to reject an order if a legal dispute exists with the customer, in particular in connection with a failure to make payments for previously existing orders with PerfectHair.ch, or whether other invoices due for payment by the same person or another person living within the same household remain open.
3.4 The complete and correct statement of delivery address remains the responsibility of the customer. If an error in the delivery address is made by the customer and, under the circumstances, a delivery is not possible, PerfectHair.ch may entirely abandon the delivery of the product without the possibility of a claim being made for a replacement or for damages.
3.5 PerfectHair.ch delivers merchandise and vouchers exclusively in Switzerland and in the principality of Liechtenstein.
4. Delivery and delivery deadline
4.1 PerfectHair.ch has at its disposal a large warehouse of products. The shipping policy envisages that PerfectHair.ch issues the products for shipping on the day of receipt of payment, respectively upon receipt of confirmation of payment.
4.2 With merchandise which cannot be delivered from the warehouse, the time of shipping can be further delayed, depending on the manufacturer.
4.3 PerfectHair.ch can only be held liable for delays in delivery and the resulting consequences, insofar as these were caused by the grossly negligent or deliberate breach of contract by PerfectHair.ch. For all other delays in delivery and the resulting consequences, including delays due to the Postal Service, suppliers to PerfectHair.ch or third parties, PerfectHair.ch shall accept no liability.
5. Products delivered in error
Articles delivered in error or in too large a quantity are to be returned immediately in their original packaging, at the latest within 7 days. All articles not returned within this deadline will be invoiced. The costs incurred for the return of merchandise shipped in error shall be borne by PerfectHair.ch. The costs of return will be reimbursed to the customer beforehand by bank transfer.
6. Vouchers & Bonus programme
A maximum of one voucher can be redeemed per order. At the end of the order process, the voucher code is entered into the designated field. The corresponding amount is then deducted directly from the current order. Vouchers which exceed the order amount cannot be reimbursed.
Discounts received from redeeming bonus points (PerfectPoints) cannot be combined with gift vouchers. The conditions listed at www.perfecthair.ch/en/bonus-programme shall apply.
7. Shipping costs
The customer has the choice, when completing an order, between collection from Wallisellen, a shipment by "Economy" or "Priority" tariff or express shipping. The shipping costs borne by the customer per delivery including VAT amount to CHF 5.90 for the Economy tariff, CHF 7.90 for the Priority tariff, CHF 7.90 Saturday delivery tariff and CHF 10.90 for the A-Post tariff against signature (PostPac Priority Signature).
8. Warranty and liability disclaimer
8.1 PerfectHair.ch guarantees that the products are free from damage at the point in time of shipping. Products which were damaged during shipping shall be repaired or replaced at the discretion of PerfectHair.ch, insofar as the customer informs PerfectHair.ch by email within 7 days of receipt of the merchandise. If desired by PerfectHair.ch, the customer is required to return the delivered products in the original packaging without delay to PerfectHair.ch, the shipping costs for this shall be borne by PerfectHair.ch.
8.2 Furthermore, PerfectHair.ch shall be liable to the customer for damages, insofar as such liability for PerfectHair.ch is determined by the Swiss Product Liability Act.
8.3 Every other form of warranty for the delivered products and every liability for damages which are caused by these products, is excluded, unless PerfectHair.ch has fraudulently concealed the respective product defects. If, however, PerfectHair.ch can assert further warranty claims against its suppliers for the affected product, PerfectHair.ch shall, where possible, transfer these claims to the customer upon request. PerfectHair.ch does not accept any responsibility that these claims can be asserted successfully. The same applies to any kind of claims which PerfectHair.ch can assert against the Postal Service for damages which occurred during transport.
8.4 In particular, PerfectHair.ch does not warrant that the products are suitable for the customer's intended application, or that they deliver a particular result. Furthermore, the warranty also excludes damages which are the responsibility of the purchaser, e.g. the consequence of the inappropriate use of the product, or damages from external influences which are not the responsibility of the seller such as, for example, damages which have occurred during transport.
9. Right of cancellation / Right of return
9.1 Customers have the right to return the goods within 14 days after delivery of the goods. The right of return will be exercised by the return of the goods; it is not necessary to provide reasons for the return. The goods to be returned must be sent to:
PerfectHair.ch
Retouren
Hertistrasse 27a
8304 Wallisellen
9.2 Returned products and packages respectively will only be accepted in a suitable condition, i.e. unused, unopened, undamaged and in their original packaging.
9.3 The exercising of the right of return results in the conversion of the purchase contract into a reverse handling relationship according to which the services received within the framework of the purchase contract have to be reimbursed. The costs incurred for the return shall be borne by the customer.
9.4 After receipt of the goods, a purchase price already paid will be reimbursed to the customer immediately. Shipping costs will not be reimbursed.
9.5 PerfectHair.ch guarantees that the products are free from damage at the point in time of shipping. Products which were damaged during shipping shall be repaired or replaced at the discretion of PerfectHair.ch insofar as the customer informs PerfectHair.ch by email within 14 days of receipt of the merchandise. If desired by PerfectHair.ch, the customer is required to return the delivered products in the original packaging without delay to PerfectHair.ch; the shipping costs for this shall be borne by PerfectHair.ch.
Every other form of warranty for the delivered products and every liability for damages which are caused by these products is excluded unless PerfectHair.ch has fraudulently concealed the respective product defects. If, however, PerfectHair.ch can assert further warranty claims against its suppliers for the affected product, PerfectHair.ch shall, where possible, assign these claims to the customer upon request. PerfectHair.ch does not accept any responsibility that these claims can be asserted successfully. The same applies to any kind of claims which PerfectHair.ch can assert against the postal service for damages which occurred during transport.
In particular, PerfectHair.ch does not warrant that the products are suitable for the customer's intended application, or that they deliver a particular result.
9.6. If a gift (GWP = gift with purchase) is enclosed with an order above a certain purchase value, restrictions apply when returning the goods. If the entire order is returned or if the new purchase value falls below the condition for the GWP, the gift must also be returned. If the GWP is not returned under these circumstances, the value of the gift will be charged.
10. Methods of payment and invoicing / dunning
10.1 Orders made via the website www.perfecthair.ch are to be paid for, in principle, in advance using the payment methods stated on the website www.perfecthair.ch. The following payment methods are at your disposal: PayPal, credit card (Visa, Mastercard, American Express), Maestro, PostCard, PostFinance Direct, prepayment, payment on invoice (after a successful credit check), Twint. Insofar as delivery on invoice is stated as an option, the deadline for payment per shipment is 20 days.
10.2 If the deadline for payment is exceeded, PerfectHair.ch is permitted to demand the payment of penalty fees up to an amount of CHF 30, in order to partially cover any costs incurred. The outstanding invoice amount, plus any penalty fees and interest on arrears can be transferred or factored for the purposes of debt collection.
10.3 When paying in advance, you will receive the account details of PerfectHair.ch with the confirmation email, after the order has been processed. They are as follows:
PerfectHair AG
Postfinance
Account: 85-517863-0
IBAN: CH16 0900 0000 8551 7863 0
BIC: POFICHBEXXX
Clearing: 9000
10.4 A credit check can be carried out at any time, both for new customers and for existing customers.
10.5 Up until the point in time when payment for the ordered products is made in full, or payment confirmation is received through the credit card provider, the delivered products shall remain, in any case, the property of PerfectHair.ch.
11. Data protection
11.1 Insofar as PerfectHair.ch provides goods in advance of payment, e.g. with a purchase on invoice, in order to safeguard our own justifiable interests, PerfectHair.ch shall request when necessary a credit check which is done on the basis of mathematical-statistical modelling. Please note that payment histories (particularly those that concern uncontested demands that remain unpaid after the due date) and any potential debt enforcement information and address details will be passed on to CRIF AG in Zurich, for their legitimate use as a business information agency. CRIF will use the information to check your identity and credit standing, and will disclose it to authorised third parties. The payment histories may be analysed by CRIF on the basis of mathematical/statistical calculation methods to facilitate automated decision-making processes, and particularly to evaluate a person’s credit standing. Further information is available at: www.mycrifdata.ch/#/dsg.
11.2 The data required for operational processing will be stored and managed for the relevant purposes, and forwarded if needed in the context of processing an order, to associated companies or contractors such as, for example, the Postal Service or companies for the assessment of creditworthiness. All personal information is treated confidentially.
11.3 Under “My account” the customer has the possibility, at any time, to change his or her personal information.
11.4 PerfectHair.ch uses and processes personal data in order to maintain customer relationships, and for its own marketing purposes. The customer always has the possibility of stopping this automatic evaluation. If no form of automatic personal evaluation is desired, the customer can submit their objection in writing at any time.
11.5 The customer shall only receive a newsletter from PerfectHair.ch when expressly requested. It is possible to unsubscribe at any time.
12. Liability
12.1 The liability for product defects or damages caused by such defects is determined exclusively pursuant to Section 8. For damages resulting from delayed delivery, Section 4 shall prevail exclusively.
12.2 Furthermore, PerfectHair.ch shall exclude, within the framework of valid statutory regulations, any other form of liability to the customer in association with the products, the use or the (non-) availability of the website www.perfecthair.ch and resulting damages. This means that, for example, the assertion of claims resulting from the impossibility of service provision, non-fulfilment and from unauthorised action is excluded, both against PerfectHair.ch and against its vicarious agents, insofar as there is no evidence of intentional or grossly negligent action.
13. Partial invalidity / Validity preserving reduction
To the extent that any provision of these Terms & Conditions should be invalid in whole or in part, this does not affect the validity of the remaining provisions and their purpose. In place of the invalid provisions, the relevant legal provisions shall apply.
14. Applicable law/ Place of jurisdiction
The contract is exclusively subject to Swiss law. The place of jurisdiction for all disputes with PerfectHair.ch is - subject to any divergent place of jurisdiction within federal law - Wallisellen, Switzerland.
15. Changes to Terms & Conditions
PerfectHair.ch expressly reserves the right to adjust the present Terms & Conditions to circumstances at any time, and to apply these with immediate effect to subsequent orders.
Wallisellen, 11.Juli 2019