General terms and conditions of business
1. General
The following general terms and conditions apply to all delivery and payment terms of Jashara Cosmetics AG and are effective for all business relationships. The customer recognizes them as binding for the present contract and also for all future transactions. Deviations from these terms and conditions and special agreements are only effective if they have been confirmed in writing by Jashara Cosmetics AG. Counter-confirmations by the buyer with reference to his own terms and conditions of business or purchase are hereby contradicted. The purchasing conditions of the buyer do not become part of the contract either through our unconditional delivery or our silence.
Jashara Cosmetics AG retains its unrestricted ownership and copyright exploitation rights for all cost estimates, products, content and other documents. Any documents or files provided are only to be used with the prior written consent of Jashara Cosmetics AG and may not be made accessible to third parties. If the order is not placed, all documents and files provided must be returned or deleted immediately upon request.
2. Offers and conclusion of contract
1. All offers from Jashara Cosmetics AG are generally non-binding and otherwise only binding if this has been expressly confirmed by us in writing. The documents belonging to offers such as illustrations, drawings, weight specifications, etc. are only approximate unless they are expressly designated as binding. We reserve the right to change the assortment. Jashara Cosmetics AG reserves the right to deviations and changes in construction and/or recipe and/or shape and/or design and/or color, taste and/or scent, consistency and/or shelf life limits and do not entitle to a notice of defects or to withdraw from the purchase, unless the change objectively represents a material defect or the change should not be reasonable for the customer, taking into account the interests of Jashara Cosmetics AG.
2. We can accept customer orders within four weeks. A contract between the parties is only concluded when we have confirmed the order in writing.
3. Only our written order confirmation forms the basis of the contract. In particular, we are only bound by agreements and ancillary agreements with our sales representatives or sales representatives or their promises if they are noted in writing in the order confirmation. Immediate deliveries can replace the written order confirmation through invoicing by Jashara Cosmetics AG.
3. Prices
1. Our prices do not include the statutory value-added tax at the time of invoicing and apply ex works, but excluding any packaging fees that may arise. The packaging will be charged at cost price and will not be taken back.
2. If we have taken over the shipping costs, we will only pay for the freight of the cheapest shipping method free to the recipient's station. The choice of shipping method is left to us. If the buyer wants a different shipping method, we will calculate the additional costs incurred.
3. The purchase price must be paid exclusively in accordance with the terms of payment (e.g. cash on delivery or prepayment) stated in the order forms or in the online shop.
4. Passing of Risk and Determination of Transport
1. The risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as the goods are handed over to a freight forwarder or carrier, but no later than when they leave the delivery works. This also applies if delivery free destination, among other things, has been agreed. All possible agreements on transport and insurance costs are purely expense clauses that do not affect the transfer of risk.
2. All shipments are to be unpacked immediately and checked for damage and completeness.
3. In the event of damage in transit, claims for compensation against third parties (e.g. shipping company, forwarding agent, warehouse keeper, customs and port authorities, railway, postal and haulage companies, etc.) must be ensured by involving representatives of these companies in good time in accordance with their regulations to determine the damage, requesting confirmation of the damage and be held liable in writing.
4. Externally recognizable damage or missing packages must be certified by a corresponding note on the transport documents before the goods are accepted.
5. In the case of damage that is not visible from the outside, the above steps must be taken immediately after the damage is discovered, but it is absolutely necessary to comply with the complaint deadlines applicable to notifying the transport company. We recommend leaving the devices and packaging unchanged until a statement of the facts has been drawn up.
5. Delivery and Shipping
1. The delivery by us is subject to the proviso that we ourselves are supplied correctly and on time and the lack of availability due to force majeure or events for which we are not responsible (e.g. subsequent difficulties in procuring materials, in the event of a strike, the lockout, lack of staff, blocking or hindrance of the transport routes, etc., we are entitled, even if the hindrances mentioned occur at our suppliers, to postpone the delivery for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract without us have to pay damages.
2. Delivery is always as quick as possible. Deadlines and dates will be adhered to as far as possible. We reserve the right to exceed this by up to three weeks.
3. We are entitled to make partial deliveries.
4. If we are in default of delivery, the customer can only assert claims for damages due to non-performance if he has set us a reasonable grace period with a threat of refusal and this period has expired without result. In the case of delay and impossibility of performance for which we are responsible, the claim for damages is limited to the extent that the customer is only entitled to a claim for damages in the amount of the foreseeable damage if the delay or impossibility was caused by us intentionally or through gross negligence. If our customer is a merchant, liability for damages in the event of simple negligence is excluded.
5. Shipping Europe-wide from 7.- EUR/CHF
EU shipping costs:
Standard EU 7.- EUR/CHF
Standard EU registered 12.- EUR/CHF
CH shipping costs
B - Post CHF 7
Priority Postpac CHF 9
Priority Signature CHF 12
from 200.- EUR/CHF free shipping.
6. All orders from Jashara Cosmetics AG are shipped from St. Gallen, Switzerland.
Any issues with customer orders, such as damage, item problems, and discrepancies must be reported within 48 hours of receiving the order.
Jashara Cosmetics AG is NOT RESPONSIBLE FOR LOST OR STOLEN ORDERS.
If your package does not arrive within 72 hours, please contact us immediately by phone! The Swiss Post priority service guarantees liability against loss and damage for up to 5 working days!
6. Refusal to Accept
1. Default of acceptance by the buyer or breach of other duties to cooperate entitles us to demand compensation for the damage we have incurred and any additional expenses.
2. In the event that the buyer finally refuses acceptance and payment or fails to do so within a period of grace set for him and we can demand compensation under statutory provisions, we are entitled to claim 25% of the agreed purchase price plus the shipping costs incurred as compensation (for administration, storage and transport costs as well as lost profit) without us having to prove the damage in detail. If we can prove higher damage, the buyer is obliged to compensate for this damage.
7. Retention of Title
1. The delivered goods remain our property until the agreed purchase price has been paid in full. This also applies until the fulfillment of all our claims existing at the time of delivery (including all balance claims from current accounts and claims from checks or bills of exchange) from the business relationship.
2. In the event of culpable behavior on the part of the customer that is in breach of contract, in particular default in payment, we are entitled to take back the delivered goods; the buyer is obliged to surrender. If we take back the delivery item, this does not constitute a withdrawal from the contract unless we have declared this in writing. If we seize the delivery item, this always constitutes a withdrawal from the contract.
3. If we assert claims with regard to our property, the buyer must grant us access to the reserved goods, send us a precise list of the existing reserved goods, separate the goods for us and hand them over to us or return them to us at our request send it to us at your own expense.
8. Order and Return Policy
1. We have a limited returns policy as unfortunately we cannot return and stock used goods. If you wish to return a product, please read our policies in full and then telephone us to discuss the reason for returning your product.
We have a 14-day return policy, which means you have 14 days after receipt of the goods to request a return.
We will notify you once we have received and inspected your return and let you know whether or not the refund has been approved. If approved, the refund will be automatically sent to your original payment method. Please remember that it may take some time for your bank or credit card company to process and post the refund.
All refund requests must be processed and approved by the owners. Once we have received and inspected your return, we will notify you by email that we have received your returned item.
No refunds for damaged or defective products. See the "Exchanges" section below.
2. Cancellation of an Order
If you wish to cancel or change an order, please email us at info@jashara.ch or contact us as soon as possible on +41 79 713 64 11 . We will do our best to cancel your order. If your order has already been packed and shipped, a cancellation can no longer be considered.
3. Damage and problems
If the item you received was damaged in transit or is defective, you MUST contact us within 48 hours of receipt on +41 79 713 64 11 or email info@jashara.ch to initiate a return . We will ask you to send us photos and videos of the damaged item. No refunds will be given, but a new item will be sent out promptly.
4. Exceptions / Non-Returnable Items
Certain types of items cannot be returned, e.g. B. perishable goods (like eyelash glue, cream remover or primers) and personal care products (like eyelash shampoo).
Due to hygiene guidelines, returns for items that have already been opened are excluded. Please get in touch with us if you have any questions or concerns about your specific item.
5. Exchange
The quickest way to ensure you get what you want is to return the item you already have. Once the return has been accepted, purchase the new item separately.
6. EXCLUSIONS OF DISCOUNTS
Only one discount (discount or SALE promo code) can be applied per order. Free shipping possible.
Jashara Cosmetics AG reserves the right to extend, change or cancel the current discounts at any time.
9. Terms of Payment
1. The customer is only entitled to set off if his counterclaim is undisputed or has been legally established. He is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship. If our customer is a merchant, he can only exercise a right of retention on the basis of counterclaims that are undisputed or have been legally established.
2. If the customer defaults on payment, we are entitled, without proof of the damage, to demand default interest at the statutory base rate. If we can prove a higher damage caused by delay, we are entitled to assert this.
3. If our customer does not meet his payment obligations, in particular a check or bill of exchange is not cashed by him or the drawee, the customer stops making payments or if we become aware of other circumstances that call his creditworthiness into question (e.g. foreclosure on the assets of the Customers, application for surrender of the eV,...) we are entitled to make the entire remaining debt due immediately, even if there are bills of exchange with a later due date. In this case, we are only obliged to make further deliveries after the customer has paid the entire outstanding amount or provided security for it.
4. Purchase on account with partial payment option (POWERPAY)
As an external payment service provider, MF Group / POWERPAY offers the payment method “purchase on account”. With the individual invoice, you can easily pay for your online purchase by invoice. If you do not make a payment within the specified time frame, you will receive a monthly invoice with an overview of your order in the following month.
When the purchase contract is concluded, POWERPAY takes over the invoice claim and handles the corresponding payment modalities. When purchasing on account, you accept POWERPAY's <a href="https://www.powerpay.ch/de/agb" target="_blank">GTC</a> in addition to our GTC. (powerpay.ch/de/agb).
10. Liability, Warranty
1. Obvious defects must be reported to us immediately after receipt of the goods, at the latest within 8 days, in writing or verbally with immediate written confirmation. If our customer is a merchant, §§ 377 ff. HGB apply. In addition, the customer must inform us in writing of hidden defects within 2 weeks of receipt of the goods.
2. We are entitled to review the notice of defects within a reasonable period of time. The defective goods must be made available for our inspection in the same condition as they were at the time the defect was discovered. No processing is allowed. Furthermore, the faulty goods are to be sent back to us at our request. After we have checked and found a defect in the goods, the transport costs incurred for the return will be reimbursed.
3. If the customer violates the aforementioned obligations, he loses all warranty rights.
4. Delivery parts that are subject to consumption due to their material properties or the way they are used are not covered by the warranty. The same applies to damage as a result of natural wear and tear, incorrect or negligent handling, excessive stress and the effects of temperature, chemical, electrical or other natural influences.
5. In the case of justified notices of defects, we are entitled to choose between replacement delivery, repair or reimbursement of the reduced value. We only bear the expenses that we incur, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the goods have been taken to a place other than the original place of delivery. The customer has to bear the resulting increased costs. If the replacement delivery (improvement) fails or if it is not provided within a reasonable period of time or if it is refused, our customer is entitled to demand rescission (cancellation of the contract) or reduction (reduction of the price) at his discretion.
6. Further claims of the customer, in particular for damages, only exist: a) for whatever legal reason, if we caused the damage intentionally or through gross negligence or b) if the damage is due to the lack of a guaranteed property or the existence of a fraudulently concealed defect . Claims for compensation exist in any case only in the amount of the foreseeable damage.
7. The effectiveness and durability of the delivery products in their intended application (lengthening of the natural eyelashes with the eyelash extensions) depends on the different genetics, the hormonal balance and the life situation of the person being treated. Therefore, no concrete statements can be made about the durability of the eyelashes and other substances on the eye or the necessary treatments. There is no material defect in the delivery items.
11. Place of Performance, Jurisdiction and Applicable Law
1. The place of performance and jurisdiction for all claims and disputes arising from this contract, including claims from checks or bills of exchange - if our customer is a registered trader - is AR, Switzerland. We are also entitled to sue the customer at his general place of jurisdiction.
2. The present contract is exclusively subject to the law applicable in Switzerland.
12. Customer Service
Our customer service for questions, complaints and complaints is available Monday to Friday from 9 a.m. to 6 p.m. on the telephone number: +41 79 713 64 11; Email: info@jashara.ch available.
13. Copyrights
The Internet shop, the website www.jashara.ch, our catalogue, as well as other printed matter, their structure and all texts, information, descriptions, images, navigation or the like contained therein, from current or older versions, are subject to the copyright of Jashara Cosmetics AG , or do not own the copyright of other persons or are named with additional registration marks. The reproduction and use of text and images, trade names, trademarks, product designations, etc., as well as the duplication of information and data of any kind, requires the prior written consent of Jashara Cosmetics AG. Use without express permission is prohibited. In the event of unauthorized use, we reserve the right to take legal action. We assume no liability for any misprints in our catalog due to slight negligence or for other advertising material and data errors in our online shop and website. As a result, no liability or guarantee can be assumed for the topicality, completeness and correctness of the content provided. Furthermore, the website www.jashara.ch contains links to websites of other providers, for whose content no liability is assumed.
14. Final Provisions
Should a provision in these General Terms and Conditions be or become ineffective, this shall not affect the validity of the remainder of the contract, unless the omission of individual clauses would put one of the contracting parties at an unreasonable disadvantage so that it can no longer be expected to adhere to the contract . The relevant statutory provisions shall take the place of the ineffective provisions.
Version of the General Terms and Conditions: 03/01/2022
Switzerland
+41 79 713 64 11