Terms and Conditions
Last update: [September, 2021]
Please read these Terms and Conditions carefully and make sure that you understand them before ordering any Products on our Website.
Please note that by ordering any of our Products, you agree to be bound by these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order Products on our Website. These Terms and Conditions will be interpreted as a contract for the sale of Products by us to you through the Website (the “Contract”).
Please check the Terms and Conditions on our Website each time you order Products to ensure you understand the legal terms that will apply to the Contract at that time (see Section 15). A link to these Terms and Conditions is provided to you upon checkout (before you place an order) and when you register an account with us.
1.1 Capitalised terms shall have the meaning given to them in the section of the Terms and Conditions where they are defined (you can find these definitions by looking at the sentence where the defined term is highlighted bold, within brackets and quotation marks).
1.2 When we refer to “we”, “us” or “our”, we mean vVARDIS We are a company registered in Switzerland with company registration number CHE-273.636.531, and we are the operator of the Website. Our registered office and principal place of business is vVARDIS AG, Sihlbruggstrasse 109, 6340 Baar, Switzerland.
1.3 When we refer to “you” or “your” we mean you, the person buying Products from our Website.
2. CONTACT AND COMPLAINTS
2.2 We sincerely hope that you do not have cause for a complaint but, if you do, we want to hear about it so that we can try and resolve it and make sure it does not happen again and to improve our Products and associated services. Please do not hesitate to contact us using the above communication channels.
2.3 If you are in the EEA, you may also refer disputes through to the EU Commission’s online platform available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
2.4 Likewise if you are in the EEA/UK, you may also refer disputes related to the sale of the Product to the competent local Alternative Dispute Resolution entities.
3. THE PRODUCTS
3.1 We have an unparalleled commitment to excellence, luxury and the science of oral beauty. For more information on our Products (including their main characteristics, benefits, composition, varieties and how they should be applied) please visit the [Collections/Products] page on our Website.
3.2 Information on our Products is provided on our Website in accordance with applicable law. To the extent permitted by applicable law, the images of the Products on our Website are for illustrative purposes only. The packaging, presentation and design of the Products may vary from that shown on images on our Website.
3.3 All Products shown on our Website are subject to availability. If the Product you have ordered is not available, your order will not be processed. As described in Section 5.5, the Contract will only be concluded upon Order Acceptance.
4. YOUR ACCOUNT AND PERSONAL INFORMATION
4.1 You do not need to register an account with us to explore our Website or to buy Products from us.
4.2 However, by creating an account, you can store your payment method information for easier and faster checkout, store and edit your delivery addresses and invoicing information and review your previous purchases and order history.
5. Buying Products from us
5.1 You may only buy Products from our Website if you are at least 18 years old.
5.2 You may not buy Products from our Website for business and/or resale purposes.
5.3 You can navigate freely on the Website without being bound to placing an Order. If you choose to place an Order, you will be guided through the process of placing an Order by a series of simple instructions on the Website.
5.4 Before submitting any Order, you are offered the opportunity to review and check your Order, including your personal information such as shipping and invoicing details, to ensure it is correct. Before submitting an Order, you are also explicitly requested to confirm that you agree to these Terms and Conditions by ticking a tick box.
5.5 By clicking on [Submit Order and Pay], you are committing to buying and paying for the Products in your order and you confirm to be bound by the order and these Terms and Conditions.
5.6 After you place an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
5.7 If we accept your order, we will confirm this to you by sending you an email with the wording “order acceptance” (the “Order Acceptance”). The Contract between us will only be concluded when we send you the Order Acceptance and only with respect to the Products included therein. If there are any errors in your Order Acceptance or if you have not received an Order Acceptance/order confirmation within 24 hours of placing your Order, please contact us as soon as possible using the form on the [Contact Us] page of our Website or the contact details provided in Section 2.
5.8 We will send you a further email when the Products in your order have been shipped with the wording “shipping confirmation” (the “Shipping Confirmation”).
6. Product prices
6.1 The prices of the Products become due and payable once we have sent you the Order Acceptance.
6.2 We offer free shipping on all products.
6.3 The prices of the Products on our Website do not include value added tax (VAT), sales tax or similar taxes, duties or charges (the “VAT”) nor do they include any import or customs duties and or taxes (see Section 8.3). Applicable VAT (if any) will be specified on the Website when you are confirming your order and in the Order Acceptance.
However, if you are in the EEA/UK, a selling price inclusive of VAT will be generated and shown for each Product. Applicable shipping costs (if any) will be specified on the Website before you confirm your Order. Generally, Product(s) are shipped from our distribution centres in the EEA and so if you are in the EEA no customs duties or other taxes apply. However, if you are in the UK custom duties may apply and prices shown on the Website do not include these.
6.4 The prices of the Products will be as quoted on our Website from time to time and the applicable price will be the one that was listed on the Website when placing the Order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered into the system. However, it is always possible that, despite our efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We do not have to provide the Products to you at a lower price where we have made a pricing error.
6.5 The prices of the Products may change from time to time, but changes will not affect any prior order which we have confirmed with an Order Acceptance, unless the order includes a pricing error as stipulated in Section 6.3 above.
7. Methods of Payment
7.1 You can pay for Products using one of the following payment methods: JCB, Diners Club, Discover, Maestro and UnionPay.
7.2 Your payment card will be charged the applicable purchase Price. By submitting your order on the Site, you expressly authorise us to perform such payment card authorisation and, strictly for legitimate purposes and to the extent permitted under applicable regulations, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your payment card number, to authenticate your identity, to validate your payment card, to obtain a payment card authorisation and to authorise individual purchase transactions.
7.3 For customer security, the customer’s invoicing name and address must match that of the credit card used for payment. We reserve the right to cancel any order that does not match these criteria. All credit card holders are subject to validation checks and authorisation by the credit card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
7.4 If the amount due from you for your order cannot be debited or charged, for whatever reason, your order will be cancelled (we will notify you of this using the contact details you provided during the order process).
8.1 Your order will be fulfilled by the estimated delivery date set out in the Shipping Confirmation, unless there is an event outside of our control (please see Section 14 below for more information about these events). If we are unable to meet the estimated delivery date because of an event outside of our control, we will contact you with a revised estimated delivery date.
8.2 Delivery will be completed when we deliver the Products to the address you gave us (so please make sure that the delivery details you provide are accurate as we cannot be responsible for any delayed or failed deliveries as a result of incorrect, incomplete or unclear delivery details).
8.3 If you order Products from our Website for delivery outside Switzerland or the U.S., your order may be subject to import or customs duties or taxes that are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.4 If you are in the EEA/UK, the Product(s) will be delivered to you within a maximum of thirty (30) days, or within any other maximum statutory deadline as prescribed by applicable laws, from the day following that of Order placement, unless we notify you of any Product(s) in your Order being unavailable, including temporarily unavailable.
9. RETURNS AND REFUNDS
9.1 General Returns
9.1.1 We want you to be completely satisfied with the Products you have ordered from us. If you have any problems with the Products you have ordered, please contact our customer services team using the form on the [Contact Us] page of our Website or the contact details provided in Section 2. Details of your legal right to cancel your Contract with us, and an explanation of how to do this, are set out below and provided in the Order Acceptance that we send to you (see Section 5.7).
9.1.2 You may return Products to us and receive a full refund of the price paid for the Products provided that you return the Products to us within 30 days of the Products being delivered to you. However, Products cannot be returned if already used to a degree that extends beyond trying or testing. If you want to return Products to us, please contact our customer services team as described in Section 10.1.1 above. We will refund you using the payment method and information that you used to pay.
9.1.3 Unless the Products are faulty or not as described (in which case Section 9.2 below will apply), you will be responsible for the cost of returning the Products to us. You are responsible for taking reasonable care of the Products until they are returned to us. We recommend that you return them to us using a recorded delivery service and that you keep proof of postage. We will be unable to provide you with any refund if the Products are not returned to us or if they were damaged during transportation.
If you are in the EEA/UK
9.1.4 If you are in the EEA/UK, and pursuant to obligations, restrictions and conditions in local law, you have 14 days after the day you receive the product(s) to exercise your right of withdrawal – which means you can choose to return the Product(s) to us without giving any reason and without incurring costs other than shipping costs (to ship the Product(s) back to us) and supplemental costs related to your Order (e.g. if you selected expedited shipping when ordering the Product(s) we will not reimburse you for those costs). Please note that for hygiene reasons we can only accept Product(s) that are still sealed. If you have unsealed the Product(s), e.g. opened the packaging of a toothbrush, or removed the seal from toothpaste, you can no longer return them on the basis of your right of withdrawal.
To exercise the right of withdrawal, you must inform us of your decision to do so by making a clear statement to our customer services team by using the form on the [Contact Us] page of our Website or the contact details provided in Section 2 and provide details of (a) your name, (b) your address, (c) details of the order you wish to withdraw from, (d) your contact information. You may, but are not required to, use the sample withdrawal form attached in Appendix 1.
(i)Once you have submitted your withdrawal request, we will reimburse you (using the payment method and currency used to pay for the original transaction) the cost of the products and standard delivery (if applicable). The refund will be made within the statutory period from the day you notify us that you wish to withdraw and provided the Products are shipped back to us in due order within any such statutory periods.
9.2 Faulty Products
In the unlikely event that the Products we sell to you are faulty or not as described, please contact our customer services team as described in Section 9.1.1 who will inform you about your individual refund and other rights in such particular case.
If you are in the EEA/UK
If you are in the EEA/UK, and pursuant to obligations, restrictions and conditions in local laws, in the event of a product fault which existed at the time of, or becomes apparent within two years of, Product delivery, you have the right to have the Products replaced or repaired. In the event that one of the above remedies does not work, you have the right to an appropriate reduction in the price of the products, or to cancellation of the Contract. Please contact our customer services team as described in Section 9.1.1. You may have additional rights under national laws and we advise you to seek advice on your rights with your local consumer rights organisation.
10. SUBSCRIPTION AND TERMINATION
10.1 As an additional service, we may offer specific forms of product subscriptions as described on the Website. The subscriptions run for a term of one (1) month, meaning 30 days (the “Subscription Term”), are due and payable at the time of any (partial) shipment (dispatch date) and include several deliveries during the Subscription Term as specified on the Website.
10.2 The Subscription Term shall automatically be renewed for another term of one (1) month (the “Subsequent Subscription Term”) unless terminated by advance notice. Notice of termination must be given to us thirty (30) days before the end of the Subscription Term. Such notice may be given in writing or by email using the contact information according to Section 2 or by using the form on the [Contact Us] page of our Website. The Subsequent Subscription Term (and any following Subsequent Subscription Term of one (1) month) will automatically renew for another term of one (1) month unless terminated as described above. Refusal to accept delivery of a shipment does not constitute notice of termination.
11. OUR LIABILITY
11.1 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a direct and foreseeable result of our breach of these Terms and Conditions or a breach of our Contract, but we are not responsible for any loss or damage that is not foreseeable or an indirect consequence thereof.
11.2 We only supply Products (including any free samples provided with your order) for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 Notwithstanding the above, our liability shall in any case be limited to the price you paid for the respective Product including shipping costs, VAT and import duties (if any).
11.4 However, we do not in any way exclude or limit our liability for:
(i) death or personal injury caused by our wilful conduct or gross negligence;
(ii) fraud or fraudulent misrepresentation; and
11.5 11.5 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
12. USING OUR WEBSITE
13. YOUR PERSONAL INFORMATION
14. EVENTS OUTSIDE OF OUR CONTROL
14.1 In rare circumstances, events outside of our reasonable control may delay or prevent us from performing our obligations under the Contract. If these events occur, we will try to perform our obligations to you as soon as we can. We cannot, however, accept liability for any losses caused to you as a result of any delay or failure by us to perform our obligations where such delay or failure is due to an event that is outside of our reasonable control.
14.2 If an event outside of our reasonable control takes place that affects the performance of our obligations under the Contract:.
(i) we will contact you as soon as reasonably possible to notify you; and.
(ii) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control. Where the event outside of our reasonable control affects delivery of Products to you, we will arrange a new delivery date with you after the event outside of our reasonable control is over.
15. CHANGES TO THESE TERMS AND CONDITIONS
15.1 We may make changes to these Terms and Conditions from time to time (if, for example, we have made changes to how we accept payment from you, or if there is a change in the applicable law that requires us to change these Terms and Conditions).
15.2 Every time you order Products from us, the Terms and Conditions in force at that time will apply to the Contract between you and us. The current version of these Terms and Conditions will be available on our Website. Please check the Terms and Conditions on our Website each time that you order Products from us to ensure that you understand the Terms and Conditions that apply at the time.
15.3 You can download and save these Terms and Conditions by clicking here.
16. OTHER IMPORTANT INFORMATION
16.1 We may transfer our rights and obligations under the Contract to another entity (in the same or in another country) belonging to the same group.
16.2 The Contract is between you and us (or any of our transferee group entities). No other person shall have any rights to enforce any of its terms.
16.3 If any one or more sections or part of a section of these Terms and Conditions shall be found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The invalid, illegal or unenforceable provision(s) shall be replaced by such provision(s) the parties would, acting reasonably, have agreed upon had they been aware of the invalidity, illegality or non-enforceability of the provision to be replaced. The same principle shall apply in case of a contractual gap.
16.4 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.5 This Agreement supersedes all prior agreements, negotiations, correspondence, undertakings and communications between you and us, oral or written, and contains the sole and entire agreement between you and us with respect to the subject matters hereof.
17. GOVERNING LAW AND JURISDICTION
17.1 These Terms and Conditions shall be construed and interpreted in accordance with, and shall be governed by, the laws of Switzerland without reference to the conflict of laws principles thereof and to the exclusion of the UN Convention on Contracts for the International Sales of Goods (CISG).
17.2 Any dispute arising out of or in connection with these Terms and Conditions (including its interpretation, closing, execution, binding effect, amendment, breach, termination or enforcement) shall be resolved by the ordinary courts in Zurich, Switzerland, venue being Zurich 1, without restricting any right of appeal.
17.3 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law including mandatory choice of forum of your place of domicile.
Baar, Switzerland, 20 September 2021, vVARDIS AG
CANCELLATION FORM FOR EEA/UK CONSUMERS
If you wish to withdraw from the contract, please fill in this form and return it to us.
To: vVARDIS AG
Sihlbruggstrasse 109, 6340 Baar
I/we(*) hereby withdraw from the contract concluded by me/us(*) for the purchase of the following goods(*) / for the part exchange of the following goods(*)
- Ordered on (*) / received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only required for notification on paper)
(*) strike out/delete not applicable options