General Terms and Conditions (GTC) of Functional Cosmetics Company AG
1. General Conditions
The business relationships between Functional Cosmetics Company AG, CH-4052 Muttenz and the customers of the Functional Cosmetics Company AG online shop are exclusively governed by the following General Terms and Conditions in the version available on the Internet at the time of the order. Functional Cosmetics Company AG does not recognize any terms and conditions that conflict with or deviate from these General Terms and Conditions and hereby expressly objects to them. Conflicting terms and conditions of the customer are only valid if Functional Cosmetics Company AG expressly agrees to them in writing.
These General Terms and Conditions will be sent to the customer by email with the confirmation of receipt of the order. It is recommended that you read and print out these General Terms and Conditions before ordering or download and save them as a PDF document from the website.
2. Contract area
The online shop offer of Functional Cosmetics Company AG applies exclusively to customers based in the countries specified in the order form. Customers from other countries are requested to place their order directly with Functional Cosmetics Company AG. Otherwise, Functional Cosmetics Company AG is entitled to withdraw from the contract.3. Conclusion of contract
The purchase contract in the online shop of Functional Cosmetics Company AG is concluded upon delivery of our order confirmation. Functional Cosmetics Company AG reserves the right to reject orders.All information about products accessible in our online shop, such as technical data, ingredients, images, size information or information on areas of application and specifications, etc. are non-binding and can change at any time unless they are expressly designated as binding.
The offers of the online shop are non-binding. You can select the desired goods from the range and place them in the shopping cart. Until you place your order, you have the option of changing the contents of the shopping cart or emptying the shopping cart in whole or in part. By clicking the "Buy" button, you are making a binding offer to Functional Cosmetics Company AG to conclude a contract. At the same time, you accept the general terms and conditions of Functional Cosmetics AG.
The contract language is German. However, all information available on the website, such as product descriptions, can also be viewed in English, French or Spanish.
The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. By clicking the "Buy" / "order with payment" button, you are placing a binding order for the goods in the shopping cart. Confirmation of receipt of your order is sent together with acceptance of the order immediately after it has been sent by automated email. The purchase contract has been concluded with this email confirmation.
Functional Cosmetics Company AG saves the contract text and sends you the order data by email. You can view past orders in your customer account.
4. Right of withdrawal
You have a fourteen-day right of withdrawal. With regard to the conditions and legal consequences of the right of withdrawal, reference is made to the cancellation policy.Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.To exercise your right of cancellation, you must inform us (Functional Cosmetics Company AG, Schwarzwaldstr. 31, D-79539, Lörrach, contact@functional-cosmetics.com, telephone: 0049 7621 157 9811>0049 7621 157 9811, fax: 0041 61 303 80 09) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form for this purpose, although this is not mandatory.
To meet the cancellation deadline, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling that is not necessary to check the quality, properties and functioning of the goods.
- The right of cancellation does not apply to the following contracts:
- Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
End of the Right of Withdrawal
5. 30-day money-back guarantee
The 30-day money-back guarantee applies exclusively to SweatStop and EVERDRY antiperspirants. The 30-day money-back guarantee is a voluntary service provided by Functional Cosmetics Company AG. This can be claimed within 30 days of receipt of the goods.
The statutory right of cancellation applies regardless of this.
In order to make use of the 30-day money-back guarantee, the following procedure should be followed:
- Send us an email to contact@functional-cosmetics.com with your order number and the reason for the return or call us
- Your deadline will be met
- We will advise you on how to use the product, offer you the right product for your needs or inform you about the exact processing of the return
- You are satisfied or receive the value of the goods back
Important information for making use of the 30-day return guarantee
- The return must be preceded by advice from our customer service. To do this, the customer must report their concern in writing or by telephone in advance. Unpaid and unannounced returns within the 30-day money-back guarantee will not be accepted and will be returned to the customer. Any additional fees incurred must be borne by the customer.
- If no solution could be found after consulting or exchanging the product, the full purchase price will be refunded, excluding shipping costs.
- Possible returns must be sent to the correct shipping warehouse:
Functional Cosmetics Company AG
Distribution Center
Schwarzwaldstr. 31
79539 Lörrach
Germany
For returns from Switzerland, choose the following address:
Functional Cosmetics Company AG
St. Jakob-Str. 84
4132 Muttenz
Switzerland
For orders from Switzerland, shipping takes place from Muttenz, Switzerland. The invoice is issued with the statutory VAT. For orders from Germany and all EU countries, shipping takes place from Lörrach, Germany, no customs duties and no further hassle are incurred. Invoicing may include the statutory German VAT.
For orders from a non-EU country, additional customs duties, fees and import sales tax may apply, depending on the allowances of the destination countries. With the customs tariff number "33072000" you can find the customs duties and fees for SweatStop® orders from non-EU countries here. You can find further information on import sales tax here.
The goods remain the property of Functional Cosmetics Company AG until all claims have been paid in full. The retention or offsetting of payments due to any counterclaims is not permitted unless the claims are legally established or acknowledged by us in writing.
Payments are processed via Stripe Inc. (510, Townsend St., San Francisco, CA 94103, USA). 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 that the payment is authorized by the credit card company.
When paying by direct debit, your account is debited 1 to 2 days after ordering.
The Functional Cosmetics AG Company reserves the right to withdraw from the contract if the ordered product is not in stock or cannot be delivered. If you have already made a payment before Functional Cosmetics Company AG withdraws from the contract, this will be refunded 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, violation of duty to cooperate), Functional Cosmetics Company AG is entitled to charge you a flat-rate compensation of EUR 7.90. Proof of greater damage and statutory claims (in particular reimbursement of additional expenses) remain unaffected; however, the flat rate is to be offset against further monetary claims. You remain entitled to prove that Functional Cosmetics AG has suffered no damage at all or significantly less damage than the flat rate incurred due to the default in acceptance or the delay in delivery.
Functional Cosmetics Company AG guarantees that its products have the agreed quality, are suitable for normal use and are free from material defects. The warranty period is two years from the delivery date. The buyer has the following rights under the warranty:
The above exclusions of liability do not apply in the event of injury to life, body or health. Liability under the Product Liability Act remains unaffected.
The warranty period for business customers is 12 months. Defects must be reported to Functional Cosmetics Company AG immediately, at the latest two weeks after receipt of the delivery. And Otherwise, claims for defects are excluded.
Liability towards business customers only exists in the event of a breach of essential contractual obligations. Liability for slight negligence and the breach of minor obligations is excluded. The shortening of the warranty period does not apply to the assumption of a guarantee, the assurance of properties or the fraudulent concealment of defects and for damages resulting from injury to life, body or health, or in the case of mandatory statutory regulations. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this does not affect the validity of the remaining provisions. This also applies in the event of any gaps in the regulations. In place of the invalid or missing provision, the permissible regulation that corresponds as closely as possible to the original economic and legal purpose of these General Terms and Conditions applies.
Muttenz is agreed as the exclusive place of jurisdiction.
This agreement only applies to private customers unless mandatory provisions of the state in which the customer has his registered office or habitual residence exclude a choice of place of jurisdiction or applicable law for contracts with private customers.
For private customers, the place of jurisdiction for proceedings against the customer is his place of residence. In this case, contracts are subject to the law of the state in which the customer has his registered office or habitual residence, provided that Swiss law deviates from the law applicable at his place of residence due to mandatory provisions to the detriment of the customer.
Muttenz, September 2024
Germany
For returns from Switzerland, choose the following address:
Functional Cosmetics Company AG
St. Jakob-Str. 84
4132 Muttenz
Switzerland
6. Payment
The contract is concluded at the price stated on the Functional Cosmetics AG website and in the shipping confirmation. The prices stated in the online shop include VAT for Switzerland. Before completing the order process, you will receive an order overview that contains the final price of the order as well as the delivery and shipping costs.For orders from Switzerland, shipping takes place from Muttenz, Switzerland. The invoice is issued with the statutory VAT. For orders from Germany and all EU countries, shipping takes place from Lörrach, Germany, no customs duties and no further hassle are incurred. Invoicing may include the statutory German VAT.
For orders from a non-EU country, additional customs duties, fees and import sales tax may apply, depending on the allowances of the destination countries. With the customs tariff number "33072000" you can find the customs duties and fees for SweatStop® orders from non-EU countries here. You can find further information on import sales tax here.
The goods remain the property of Functional Cosmetics Company AG until all claims have been paid in full. The retention or offsetting of payments due to any counterclaims is not permitted unless the claims are legally established or acknowledged by us in writing.
Payments are processed via Stripe Inc. (510, Townsend St., San Francisco, CA 94103, USA). 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 that the payment is authorized by the credit card company.
When paying by direct debit, your account is debited 1 to 2 days after ordering.
7. Delivery
The ordered products are delivered to the delivery address specified by the customer when ordering. The deadline listed on the product pages is binding, provided that such a deadline has been agreed.The Functional Cosmetics AG Company reserves the right to withdraw from the contract if the ordered product is not in stock or cannot be delivered. If you have already made a payment before Functional Cosmetics Company AG withdraws from the contract, this will be refunded 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, violation of duty to cooperate), Functional Cosmetics Company AG is entitled to charge you a flat-rate compensation of EUR 7.90. Proof of greater damage and statutory claims (in particular reimbursement of additional expenses) remain unaffected; however, the flat rate is to be offset against further monetary claims. You remain entitled to prove that Functional Cosmetics AG has suffered no damage at all or significantly less damage than the flat rate incurred due to the default in acceptance or the delay in delivery.
8. Warranty
All goods from our shop are subject to statutory warranty rights.Functional Cosmetics Company AG guarantees that its products have the agreed quality, are suitable for normal use and are free from material defects. The warranty period is two years from the delivery date. The buyer has the following rights under the warranty:
- New delivery
- Reduction of the purchase price
- Withdrawal from the contract
9. Liability
We are liable for intent and gross negligence. We are also liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on whose compliance you as a customer regularly rely. In the latter case, however, we are only liable for foreseeable, contract-typical damage. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.The above exclusions of liability do not apply in the event of injury to life, body or health. Liability under the Product Liability Act remains unaffected.
10. Special provisions for business customers
The provisions on the right of withdrawal in these General Terms and Conditions do not apply to business customers.The warranty period for business customers is 12 months. Defects must be reported to Functional Cosmetics Company AG immediately, at the latest two weeks after receipt of the delivery. And Otherwise, claims for defects are excluded.
Liability towards business customers only exists in the event of a breach of essential contractual obligations. Liability for slight negligence and the breach of minor obligations is excluded. The shortening of the warranty period does not apply to the assumption of a guarantee, the assurance of properties or the fraudulent concealment of defects and for damages resulting from injury to life, body or health, or in the case of mandatory statutory regulations. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this does not affect the validity of the remaining provisions. This also applies in the event of any gaps in the regulations. In place of the invalid or missing provision, the permissible regulation that corresponds as closely as possible to the original economic and legal purpose of these General Terms and Conditions applies.
11. Applicable law and place of jurisdiction
Contracts concluded with Functional Cosmetics Company AG on the basis of these General Terms and Conditions are subject to Swiss law, excluding international agreements, in particular the Vienna Sales Convention.Muttenz is agreed as the exclusive place of jurisdiction.
This agreement only applies to private customers unless mandatory provisions of the state in which the customer has his registered office or habitual residence exclude a choice of place of jurisdiction or applicable law for contracts with private customers.
For private customers, the place of jurisdiction for proceedings against the customer is his place of residence. In this case, contracts are subject to the law of the state in which the customer has his registered office or habitual residence, provided that Swiss law deviates from the law applicable at his place of residence due to mandatory provisions to the detriment of the customer.
Muttenz, September 2024