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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.
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
St. Jakobs-Str. 844132 Muttenz
Switzerland
Fax: +41 (61) 303 80 09
E-Mail: contact@functional-cosmetics.com
E-Mail: contact@functional-cosmetics.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. Returns
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
St. Jakobs-Str. 84
4132 Muttenz
4132 Muttenz
Switzerland
5. Payment
The contract is concluded at the price specified on the Functional Cosmetics AG website and in the shipping confirmation. The prices given in the online shop are for Switzerland with VAT. Before the order process is completed, you will receive an order overview that contains the final price of the order as well as the delivery and shipping costs.
Orders from Switzerland are shipped from Basel, Switzerland. The invoice is made with the statutory value added tax. For orders from Germany and all EU countries, shipping is from Lörrach, Germany, no customs duties and no further activities. The invoice may be issued with the statutory value added tax from Germany.
For orders from a non-EU country, depending on the allowances of the destination countries, additional duties, fees and import sales tax may apply. With customs tariff number "33072000" you will find the duties and fees for SweatStop® orders from non-EU countries. Here you will find further information on import sales tax.
The goods remain the property of Functional Cosmetics Company AG until all claims have been paid in full. Withholding or offsetting payments due to any counterclaims is not permitted, unless the claims are legally binding or have been recognized by us in writing.
Payments are processed through Stripe, ℅ Legal Process, 510, Townsend St., San Francisco, CA 94103 (Stripe). When paying by credit card, the card details are forwarded to the card-issuing company. Payment is made immediately upon completion of the order, provided payment is authorized by the credit card company.
When paying by direct debit, your account will be debited 1 to 2 days after ordering.
Orders from Switzerland are shipped from Basel, Switzerland. The invoice is made with the statutory value added tax. For orders from Germany and all EU countries, shipping is from Lörrach, Germany, no customs duties and no further activities. The invoice may be issued with the statutory value added tax from Germany.
For orders from a non-EU country, depending on the allowances of the destination countries, additional duties, fees and import sales tax may apply. With customs tariff number "33072000" you will find the duties and fees for SweatStop® orders from non-EU countries. Here you will find further information on import sales tax.
The goods remain the property of Functional Cosmetics Company AG until all claims have been paid in full. Withholding or offsetting payments due to any counterclaims is not permitted, unless the claims are legally binding or have been recognized by us in writing.
Payments are processed through Stripe, ℅ Legal Process, 510, Townsend St., San Francisco, CA 94103 (Stripe). When paying by credit card, the card details are forwarded to the card-issuing company. Payment is made immediately upon completion of the order, provided payment is authorized by the credit card company.
When paying by direct debit, your account will be debited 1 to 2 days after ordering.
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 deadline specified on the product pages is binding, if such has been agreed. Functional Cosmetics AG Company reserves the right to withdraw from the contract if the ordered product is not in stock or available. If you have already made payment before Functional Cosmetics Company AG withdraws from the contract, this will be reimbursed to you. In the event of default in acceptance or a delay in delivery for which you are responsible (e.g. incorrect or incomplete address information, breach of duty to cooperate), Functional Cosmetics Company AG is entitled to charge you a flat-rate compensation of 7.90 euros. The proof of a higher damage and the legal claims (in particular reimbursement of additional expenses) remain unaffected; however, the lump sum is to be offset against further monetary claims. You remain entitled to prove that Functional Cosmetics AG suffered no damage or a significantly lower damage than the flat rate incurred as a result of the delay in acceptance or the delay in delivery.
CONVERSION, RETURN AND OBJECTIONS
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 deadline specified on the product pages is binding, if such has been agreed. Functional Cosmetics AG Company reserves the right to withdraw from the contract if the ordered product is not in stock or available. If you have already made payment before Functional Cosmetics Company AG withdraws from the contract, this will be reimbursed to you. In the event of default in acceptance or a delay in delivery for which you are responsible (e.g. incorrect or incomplete address information, breach of duty to cooperate), Functional Cosmetics Company AG is entitled to charge you a flat-rate compensation of 7.90 euros. The proof of a higher damage and the legal claims (in particular reimbursement of additional expenses) remain unaffected; however, the lump sum is to be offset against further monetary claims. You remain entitled to prove that Functional Cosmetics AG suffered no damage or a significantly lower damage than the flat rate incurred as a result of the delay in acceptance or the delay in delivery.
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.
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.
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.
Muttenz, November 2022
