TERMS AND CONDITIONS

Version dated 2021/02/17
1. DEFINITIONS

For all purposes of the GTCS, the following capitalized terms shall have the following meanings:

Seller: The company CHADO LLC, registered with the commercial register of Geneva, Switzerland, under identification number CHE-260.866.151, domiciled at 16 rue Neuve-du-Molard, 1204 Geneva, Switzerland (@: contact@chado-cosmetics.com; P : +41 22 347 26 44).

GTCS: This general terms and conditions of sale.

Purchaser: Anyone acquiring goods through the Website.

Other capitalized terms shall have the meaning set forth in the Terms of Use.

2. SCOPE

2.1 By submitting an order through the Website, the Purchaser declares meeting the minimum age as required by his/her country’s legislation to do so (18 years for Switzerland) and having capacity to establish rights and obligations through his/her acts. He/she also acknowledges that he/she has read, understood and that he/she agrees to abide by the GTCS without any reserve. Any order implies the prior and express acceptance of the GTCS. In case of disagreement with the GTCS, the Purchaser shall refrain from ordering through the Website. Derogations from the GTCS by the Purchaser are only valid in so far they are agreed in writing by the Seller.

2.2 By submitting an order through the Website, the Purchaser further acknowledges that he/she has read, understood and that he/she has agreed to abide, without any reserve, by the Terms of Use, which apply in addition to the GTCS. In case of discrepancies between the provisions of the GTCS and the ones of the Terms of Use, the former shall prevail.

2.3 The Seller reserves the right to amend the GTCS, at any time and without prior notice, by publishing a new version thereof on the Website (which shall cancel and replace the existing version). Any order made after the publication of a new version of the GTCS shall imply acceptance of all provisions thereof.

3. REGISTRATION

3.1 The Purchaser shall register to place any order through the Website.

3.2 The Purchaser is solely responsible for the accuracy and the completeness of the information he/she provides during his/her registration.

3.3 As the case may be, the Purchaser shall inform the Seller of any modification of the data he/she provided by immediately updating his/her profile.

3.4 When registering, the Purchaser shall choose a password permitting access to the Website. This password is strictly confidential and should not under any circumstances be disclosed to third parties.

3.5 The Purchaser is solely responsible for the use, conservation and security level of his/her password. The Purchaser shall be held responsible for any order placed using his/her password, even without his/her knowledge.

3.6 The Purchaser shall immediately notify the Seller if he/she knows or suspects that a third-party has gained access to his/her password.

4. ORDERS

4.1 The Website constitutes a product portfolio, which does not itself constitute an offer. By ordering through the Website, the Purchaser becomes bound and commits to pay the selected goods. The offer shall be accepted by – and the contract entered into with – the Seller only from the moment the Seller sends to the Purchaser a confirmation of order by email.

4.2 The validity of the orders placed by the Purchaser may be subject to maximal or minimal quantities.

4.3 The data registered by the Seller and summarized in the confirmation of order shall constitute an irrefutable proof of the order. The data registered by the payment system shall constitute an irrefutable proof of the financial transactions.

4.4 The Purchaser is responsible for obtaining information from the competent authorities regarding possible limitations of use related to the goods he/she intends to order.

5. PRICE

5.1 The prices indicated on the Website are in Swiss francs (CHF) or Euros (€), VAT included (where applicable). Orders for delivery outside Switzerland are not subject to Swiss VAT. Nevertheless, they may be subject to possible taxes and customs fees in the destination country. Such costs and the formalities related thereto shall be borne by the Purchaser only. The applicability of the VAT shall be indicated to the Purchaser prior to the order. Our payment provider may suggest converting our prices in foreign currencies. In such a case, this service is rendered by our provider only (to the exclusion of the Seller, which assumes no liability) in accordance with its own terms and conditions. Additional taxes may be required by the applicable legislation.

5.2 The costs of delivery are invoiced in accordance with the indications specified on the Website at the moment of the order. The costs relating to the access and connection to the Website to place an order remain at the exclusive cost of the Purchaser.

5.3 The methods of payment accepted by the Seller are those indicated on the Website, to the exclusion of any other method of payment.

6. DELIVERY AND PASSING OF RISK

6.1 Any order confirmed by the Seller will be delivered to the address indicated on the order. It is however specified that the Seller sells its goods only towards the following countries:

Switzerland, France, Monaco, Germany, Belgium, Bulgaria, Cyprus, Italy, Luxembourg, United Kingdom (UK), Romania, Denmark, Netherlands, Ireland, Sweden, Greece, Finland, Spain, Slovenia, Portugal, Malta, Croatia, Poland, Hungary, Norway, North Macedonia, Bosnia and Herzegovina, Albania, Montenegro, United Arab Emirates, USA, Russia, Israel, India.

Information on import taxes and VAT:

Customs duty and VAT are included in the prices of products when ordered from the following regions: European Union and Switzerland. The price displayed on the website is therefore the final price, all charges included.

6.2 The Seller will use its best efforts to ensure delivery within five (5) working days following the reception by the Purchaser of the confirmation of order. However, this is only an indicative deadline.

6.3 The risk of loss of – or damage to – the goods shall pass to the Purchaser when he/she – or a third party indicated by him/her (and that is not designated by the Seller) – has acquired the physical possession of the goods..

7. RIGHT OF WITHDRAWAL

7.1 Subject to the cases mentioned in article 7.5, if unsatisfied, the Purchaser will have a period of fourteen (14) days from the date he/she acquires physical possession of the goods to exercise his/her right of withdrawal. The exercise date thereof by the Purchaser is decisive to determine whether the deadline is respected. Upon expiration of the deadline, the Purchaser shall be deemed to have waived his/her right to withdraw from the contract.

7.2 The right of withdrawal may be exercised by means of the form provided by the Seller or by a statement unequivocally setting out the Purchaser’s decision to withdraw from the contract. The Purchaser shall then follow the procedure indicated by the Seller.

7.3 In case of withdrawal, the Seller shall reimburse all payments received from the Purchaser in relation with the ordered goods (including the costs of delivery, which shall, however, not exceed an amount corresponding to the least expensive type of delivery) without undue delay and, in any event, not later than fourteen (14) days from the day on which the Seller is informed of the Purchaser’s decision to withdraw from the contract. Unless express and prior instruction of the Purchaser, the Seller shall carry out the reimbursement using the same means of payment as the Purchaser used for the order. Notwithstanding the foregoing, the Seller reserves the right to withhold the reimbursement until the first of the two following events occurs: reception of the good by the Seller or mailing by the Purchaser of evidence that he/she has sent back the goods.

7.4 The Purchaser shall send back the goods without undue delay and, in any event, not later than fourteen (14) days from the day on which he/she has communicated his/her decision to withdraw from the contract. The date of the dispatch of the goods by the Purchaser is decisive to determine whether the deadline is respected. The Purchaser shall be liable for any diminished value of the returned goods resulting from the handling thereof other than what is strictly necessary to establish the nature, char­acteristics and functioning of said goods.

7.5 The right of withdrawal does however not apply notably to the following contracts:

– the supply of goods made to the Purchaser’s specifications or clearly personalized;

– the supply of goods which are liable to deteriorate or expire rapidly;

– the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

– the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.

8. GUARANTEE

The goods are guaranteed against lack of conformity for a period of two (2) years from the delivery date. As a rule, unless it is impossible or disproportionate, the defective goods are repaired or replaced. If reparation or replacements are not possible, the Purchaser is entitled to adequately reduce the price or, in case of a major lack of conformity, to rescind the contract (the goods shall then be returned to the Seller and the price be reimbursed to the Purchaser).

Any claim or question may be submitted to our customer service whose details are the following:

customer@chado-cosmetics.com

9. LIABILITY WAIVER

The pictures and texts illustrating and describing the goods on the Website are not contractual and are provided for information only. The Seller assumes no liability whatsoever in case of errors and/or omissions in connection with the pictures and/or texts displayed on the Website.

To the maximum extent permitted by law, the Seller shall not be liable for any damage whatsoever related to the sale or use of the goods proposed on the Website.

10. LANGUAGE

GTCS exist in French and English. In case of discrepancies, the French version shall prevail.

11. JURISDICTION AND APPLICABLE LAW

To the extent allowed by applicable law, these GTCS are subject to Swiss substantive law.

Subject to mandatory jurisdictions designated by applicable law, the place of jurisdiction shall be Geneva (subject to an appeal to the Swiss Supreme Court).

All rights on the GTCS belong to their authors. Any reproduction without prior authorization is strictly forbidden and will be sued.

RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (16 rue Neuve-du-Molard, 1204 Geneva, Switzerland – +41 22 347 26 44 – contact@chado-cosmetics.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

GENERAL TERMS OF USE

Thank you for visiting the Website.

The information and documents of our Website are only indicative and presented to you to promote ourproducts and services. The information and documents presented may neither be considered as an offer for products and/or services by us, our partners or third parties, nor as advice or instructions regarding the use of ourproducts and services.

Please read carefully the present Terms of Use. By accessing the Website, you indicate that you accept and understand the Terms of Use. If you do not accept our Terms of Use, please refrain from accessing our Website.

Wemay amend the Terms of Useat any time without prior notice. Please remember to visit this page regularly and to acquaint yourself with any amendments. The version of the Terms of Usepublished on the Website at the relevant moment is applicable between you and us.

In the Terms of Use, the words ‘we’, ‘our’and ‘us’ refer to CHADO. ‘You’, ‘your’and ‘yourself’ refer to the person using or accessing the Website.

1. DEFINITIONS

In the Terms of Use, the following capitalized terms shall have the following meanings:

CHADO: The company CHADO LLC, registered with the commercial register of Geneva, Switzerland, under identification number CHE-260.866.151, domiciled at Rue Neuve-du-Molard, 16 / 1204 Geneva, Switzerland.

Content: any software, work, process, service, layout, design, technology, trademark, logo, business name, invention, description, image, sound, music, video, information and any other content available on the Website.
GTCS: our general terms and conditions of sale, as amended from time to time.
Privacy Policy: our privacy and personal data protectionpolicy, as amended from time to time.
Terms of Use: this general terms of use, as amended from time to time.
Website: the website http://www.chado-cosmetics.com


2. PRIVACY POLICY

Within the framework of the collection and processing of personal data, CHADO is subject to Swiss laws regarding the protection of data. For more information, please consultour Privacy Policy, which is an integral part of the Terms of Use.

3. GENERAL TERMS OF SALE

The purchasing of our products and services through the Website is governed by the GTCS, which apply in case of an order.

4. ACCURACY, COMPLETENESS AND TIMELINESS OF THE INFORMATION

We make reasonable efforts so as to ensure that the information on theWebsite is exact and complete. However, we may not be held liable should this not be the case. Any reliance on contentsdisplayed on the Website will be at your own risk. You understand that it is your responsibility to inform yourself of any and all modificationsin the contents of the Website. CHADO declines any liability related to the foregoing.

5. INTELLECTUAL PROPERTY RIGHTS

Copyrights and other intellectual property rights on the Content are the property of CHADO or used with the permission of the concerned owner. You are authorized to navigate on the Website and to reproduce excerpts thereof, by print or download on a hard disk, for yourself or your friends and family, provided that the rights of the author and other symbols of intellectual property ownership remain intact. No reproduction of any part of the Website may be sold or distributed for commercial purposes, amended, or incorporated to another work, publication or website.

CHADO and, as the case may be, its partners, shall remain owners of all rights on the Content, which is protected by copyright, design law, trademark law or patents and by all other intellectual property or industrial property law applicable.

No part of the Website is intended or may be construed as giving you a licence or a right of use on the Content. Subject to express exceptions as foreseen by these Terms of Use, any use of the Content by you is strictly forbidden.

6. LINK TO OTHER WEBSITES

Links on the Website may lead you away from our networks and systems, including to the websites of our partners. CHADO declines all liability over the content, accurateness or the functioning of such third-party websites. Such links are provided in all good faith and CHADO may not be held liable for the contents of the third-party websites to which links are offered. The offering of links to other websites does not imply any approval on the part of CHADO. We recommend that you carefully read the legal terms and the privacy policy of all websites that you visit.

7. PROCESSING OF COMMUNICATIONS TO CHADO – SECURITY OF EMAILS

Any communication that is sent to CHADO by Internet shall not be considered as confidential.When you communicate with CHADO with emails, you must take into account the fact that emails on the Internet are not protected. Therefore, by sending important or confidential messages by email, in a non-encoded form, you accept the risks of such uncertainty and of the potential lack of confidentiality of the Internet.

8. DISCLAIMER OF WARRANTIES

The use of this Website shall be at your own risks.

This Website is offered to you on a‘as is’ and ‘as available’ basis. Therefore, CHADO makes no warranty. In particular, we do not warrant that (i) the Website and the services provided by it are conform to your requirements; (ii) the Website and the Content are complete, correct, accurate, reliable, updated and that they do not infringe third party rights; (iii) access to the Website will not be interrupted or result in an error or that it is without virus; (iv) defects will be rectified; (v) the Website is secure; or (vi) any advice or opinion originating from this Website is accurate or reliable.

This Website may also contain information or documents regarding products or services that are not yet available to everyone. Despite the fact that CHADO strives to distribute its products and services as widely as possible, the reference to a product or service does not imply that it is or will be available to you.

Any information on this Website is subject to modification or deletion without notice.

9. DISCLAIMER OF LIABILITY

To the extent allowed by law, any liability of CHADO of its organs, of its delegates and of its agents that may result from your access of use of the Website is denied.

As a precondition to your use of the Website, you undertake to indemnify CHADO or any organ, delegate, agent thereof, for any damages (including court and lawyer fees), which may result from your access or use of the Website.

10. FORBIDDEN ACTIVITIES

CHADO reserves the right to prohibit (for instance by deleting the concerned content, by limiting or forbidding access to the Website) any act that CHADO may consider inappropriate and/or contrary to laws or regulations applicable to the Website, including (amongst others) the publication or communication through the Website of non-authorized information such as contents that,in our sole opinion, may upset, cause damages to or infringe the system and security network of CHADO or of third parties, or that contain defamatory, racist, obscene, threatening, pornographic or other unlawful or immoral statements. CHADO also reserves the right to delete, without prior notice, any link, ad or indication of a commercial nature published by a user of the Website.

We also retain the right to limit, suspend or cancel your access to the Website or to some functionalities or parts thereof without notice.

11. SEVERANCE

Shoulda provision of these Terms of Use or part thereof contradict Swiss imperative law, it shall be dissociated from the Terms of Use. The nullity of such provision or part thereof will not affect the validity of the remaining parts of the concerned provision or of the other provisions of the Terms of Use. Should a provision of these Terms be ineffective, totally or in part, it shall be replaced by a provision that produces the closest economic and legal effects.

12. MISCELLANEOUS

The present Terms of Use and, as the case may be, the GTCS constitute the entire understanding between CHADO and you regarding the access and use of the Website and the Content.

The fact that CHADO tolerates any shortcomings to your obligations under the Terms of Use, or that CHADO does not enforce a right recognized to it by the Terms of Use or by law shall not be construed to be a waiver by CHADO to rely upon them in the future.

These Terms of Use are both in the French and English languages. In case of discrepancies, the French version shall prevail.

13. JURISDICTION AND APPLICABLE LAW

To the extent allowed by applicable law, these GTCS are subject to Swiss substantive law.

Subject to mandatory jurisdictions designated by applicable law, the place of jurisdiction shall be Geneva (subject to an appeal to the Swiss Supreme Court).

Terms of Use updated on 2021/02/17.
All rights on these Terms of Use belong to their author. Any reproduction, without prior license, is strictly forbidden.