General terms and conditions of sale
sensha-cosmetics.com is the property of SenShâ Cosmetics Sàrl which is registered in the Swiss Commercial Register under number CH-036.4.050.264-8. Its postal address is Derrière l'Eglise 28, 2615 Sonvilier.
Any order for a product appearing in the online store of the https://www.sensha-cosmetics.com/ site implies prior consultation and acceptance of these general terms and conditions of sale. The click to confirm the order implies full acceptance of these terms and conditions. This click has the value of a 'digital signature'".
Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by Senshâ Cosmetics Sàrl to the consumer.
Proof of Transaction
The computerized registers, kept in the computer systems of Senshâ Cosmetics Sàrl under reasonable security conditions, are considered to be proof of communications, orders and payments made between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Order Confirmation
The contractual information will be confirmed by e-mail to the address indicated by the consumer in the order form.
Product Information
Every effort has been made to ensure the accuracy of the information presented on site sensha.ch. Senshâ Cosmetics Sàrl or its suppliers are nevertheless not liable for the consequences, incidents, special damages resulting from electronic transmissions or the accuracy of the information transmitted even in the event that Senshâ Cosmetics Sàrl has been aware of the possibility of such damages. Product and manufacturer names and brands are used for identification purposes only. Product photos, descriptions and prices are not contractual.
Duration of the offer and the price of the offer
Our prices are valid for the day.
Prices and Payments
The prices in force are those applicable on the day the order is issued.
Our invoices are payable in advance by Payrexx (Twint, Postfinance, Credit Cards etc.) or by bank transfer.
We can accept your orders while stocks last.
If, despite our vigilance, the items are unavailable, we will inform you by email as soon as possible. Unless you tell us otherwise, we will proceed with the shipment of the entire order upon receipt of the missing item.
Delivery problem
Any anomaly concerning the delivery (damage, missing product in relation to the delivery note or invoice, damaged package, broken products, etc.) must be indicated by sending an email to Senshâ Cosmetics Sàrl, on the same day or the working day following delivery, setting out the said claim in detail.
Beyond this period, any claim will be rejected.
The complaint must be made to the email address of Senshâ Cosmetics Sàrl.
Any claim not made in accordance with the rules defined above and within the time limits set will not be taken into account and will release Senshâ Cosmetics Sàrl from any liability towards the consumer.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to Senshâ Cosmetics Sàrl in its entirety and in its original packaging in impeccable condition to its postal address.
To be accepted, any return must be reported and have the prior agreement of Senshâ Cosmetics Sàrl, which in the event of agreement will redirect the package to the correct address.
Shipping costs are the responsibility of Senshâ Cosmetics Sàrl, except in the event that it turns out that the product does not correspond to the declaration of origin made by the consumer in the correct direction of return.
Shipping costs for Switzerland
In Switzerland, delivery costs are 7.90 CHF for orders under 50 and free from 50.
Product Warranty
The provisions hereof may not deprive the consumer of the legal warranty which obliges the professional seller to guarantee him against all the consequences of latent defects in the item sold.
The warranty period is that of the use-by date. Excluded from this warranty are all products modified by the customer or by any other entity.
Right of withdrawal
The right of withdrawal only applies to natural persons.
In accordance with the Law, the consumer has a period of seven 7 working days to return, at his own expense, the products that do not suit him. This period runs from the day of receipt of the consumer's order. Any return must be reported in advance to Senshâ Cosmetics Sàrl. The product must be returned to the postal address of Senshâ Cosmetics Sàrl.
Sensitive products must not have been unsealed, so that the consumer can benefit from the right of withdrawal.
Only products returned in their entirety, in their original packaging complete and intact, and in perfect resalable condition, will be returned. Any product that has been damaged or whose original packaging has been deteriorated will not be refunded, taken back or exchanged. This right of withdrawal is exercised without penalty, with the exception of shipping and return costs. In the event of the exercise of the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid or an exchange of the product. In the case of an exchange, the reshipment will be at the consumer's expense.
In the event of exercising the right of withdrawal, Senshâ Cosmetics Sàrl will make every effort to refund the consumer within 10 days of the return of the products.
Force majeure
Neither party has breached its contractual obligations, insofar as their performance is delayed, hindered or prevented by an unforeseeable event of force majeure. A case of force majeure will be considered any irresistible fact or circumstance that is external to the parties, unforeseeable, unavoidable, beyond the control of the parties and that cannot be prevented by the latter, despite all reasonable efforts.
The party affected by such circumstances will notify the other within fifteen business days of becoming aware of such circumstances.
The two parties will then come together, within 3 weeks, unless it is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued.
If the force majeure event lasts longer than one month, these general terms and conditions may be terminated by the injured party.
Specifically, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the case law of the Swiss courts and tribunals: the blocking of means of transport, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Partial non-validation
If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions will retain their full force and scope.
Non-waiver
The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to in these general terms and conditions of sale cannot be interpreted in the future as a claim to the obligation in question.
Governing Law
These terms and conditions are subject to Swiss law. This is the case for the substantive rules as well as for the formal rules.
In the event of a dispute or claim, the consumer should first contact Senshâ Cosmetics Sàrl to obtain an amicable solution.