Terms of service

Version in force on 02/17/2021

1. DEFINITIONS

In the T&Cs, terms beginning with a capital letter will have the following meaning.

Acquirer: Any person acquiring goods via the Site.

CGV: These general conditions of sale.

Seller: The company CHADO Sàrl, registered in the commercial register of Geneva, Switzerland, under the identification number CHE-260.866.151, domiciled at rue Neuve-du-Molard, 16 / 1204 Geneva (@: info@ chado-cosmetics.com).

Other terms beginning with a capital letter will have the meaning assigned to them in the Terms of Use.

2. SCOPE

2.1 By placing an order via the Site, the Purchaser declares to reach the minimum age required by the legislation of his country (18 years in Switzerland) and to be able to acquire and bind himself. He acknowledges having read, understood and accepted, without reservation, the T&Cs. Any order implies the express and prior acceptance of the GCS. In the event of disagreement with the T&Cs, the Purchaser must refrain from placing an order via the Site. Any derogation from the T&Cs by the Purchaser is only valid once it has been accepted in writing by the Seller.

2.2 By placing an order via the Site, the Purchaser further acknowledges having read, understood and accepted, without reservation, the Terms of Use which apply in addition to the GCS. In the event of discrepancies between the T&Cs and the Terms of Use, the former will prevail.

2.3 The Seller reserves the right to modify the T&Cs, at any time and without notice, by publishing a new version of the T&Cs on the Site (which cancels and replaces the existing version). Any order placed after the publication by the Seller of a new version of the GCS implies acceptance of this new version.

3. REGISTRATION

3.1 The Purchaser must register to place an order via the Site.

3.2 The Purchaser is solely responsible for the accuracy and completeness of the data he provides when registering on the Site.

 3.3 If necessary, the Purchaser must communicate to the Seller any modification of the data he has provided by updating his profile as soon as possible.

 3.4 When registering, the Purchaser must choose a password allowing him to use the Site. This password is strictly confidential. Under no circumstances should it be disclosed to third parties.

 3.5 The Purchaser is solely responsible for the use, conservation and level of security of his password. He responds to any order placed, even without his knowledge, by means of his password.

 3.6 If the Buyer knows or suspects that a third party has access to his password, he must notify the Seller immediately.

 4. ORDERS

4.1 The catalog of goods that constitutes the Site is only a call for tenders. By placing an order via the Site, the Purchaser binds and declares to formulate with regard to the Seller a commitment to pay for the selected goods. The sale is only accepted – and therefore the contract is concluded – from the moment the Seller sends an order confirmation to the Purchaser by e-mail.

4.2 The validity of orders placed by the Purchaser may be subject to maximum or even minimum quantities.

4.3 The data recorded by the Seller and summarized for the Buyer in the order confirmation constitute irrefutable proof of the order. The data recorded by the payment system constitutes irrefutable proof of financial transactions.

 4.4 It is up to the Purchaser to find out from the competent authorities about any limitations on the use of the products he wishes to order. 

5. PRICE

5.1 The prices indicated on the Site are in Swiss francs (CHF),  Euros (€) and Dirhams (AED), including VAT where applicable. Orders to countries outside of Switzerland are not subject to Swiss VAT. However, they are subject to any taxes and customs fees in the country of destination. These costs and the related formalities are the responsibility of the Purchaser. The application of VAT will be specified to the Purchaser before placing the order. It is possible that our payment provider offers to convert our prices into foreign currencies, in which case it is a service delivered by this provider exclusively (excluding and discharging the Seller) according to its own general conditions. Additional taxes may be due depending on the applicable legislation.

5.2 Delivery costs are invoiced in accordance with the indications mentioned on the Site on the day of the order. The costs of accessing and connecting to the Site to place an order remain the sole responsibility of the Purchaser.

5.3 The methods of payment accepted by the Seller are exclusively those indicated on the Site. 

6. DELIVERY AND TRANSFER OF RISK

6.1 Any order confirmed by the Seller will be delivered to the address indicated on the order. However, it is specified that the Seller sells only to the following countries: Germany, Belgium, Bulgaria, Cyprus, France, Monaco, Italy, Luxembourg, United Kingdom (UK), Romania, Denmark, Netherlands, Ireland, Sweden, Switzerland, Greece, Finland, Spain, Slovenia, Portugal, Malta, Croatia, Poland, Hungary, Norway, North Macedonia, Bosnia and Herzegovina, Albania, Montenegro, United Arab Emirates, United States, Russia, Israel. India

Information on import taxes and VAT:

Customs duties and VAT are included in the prices of items destined for the following countries/regions: European Union, Switzerland. The price displayed on the site is therefore the actual amount to be paid, all costs included.

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

6.3. The risk of loss or damage to the goods is transferred to the Purchaser when the latter, or the third party designated by him (and who is not the carrier designated by the Seller), takes physical possession of the goods.

7. RIGHT OF WITHDRAWAL

7.1 Subject to the cases mentioned in article 7.5, if the Buyer is not satisfied with the goods he has ordered via the Site, he has a period of fourteen (14) days, from the date on which he takes physical possession of the goods, to exercise his right of withdrawal. The date of exercise of the right of withdrawal by the Purchaser is authentic in determining whether the deadline has been respected. After this period, the Purchaser is considered to have waived his right of withdrawal.

7.2 The right of withdrawal must be made using the form provided by the Seller or by means of a declaration setting out unambiguously the Buyer's decision to withdraw from the contract. The Purchaser must then follow the procedure that will be indicated to him.

 7.3 In the event of withdrawal, all payments received for the goods ordered (including delivery costs, within the limit, however, of an amount corresponding to the least expensive delivery method) will be refunded to the Purchaser, without excessive delay and, in any case, no later than fourteen (14) days from the date on which the Seller was informed of the withdrawal. Unless expressly instructed otherwise by the Purchaser, the refund will be made using the same means of payment as that used when ordering. Notwithstanding the foregoing, the Seller reserves the right to defer reimbursement for the goods until one of the following two events: the collection of the goods by the Seller or the provision of proof of their shipment by the Buyer.

7.4 The Purchaser who exercises his right of withdrawal must return the goods to the Seller without undue delay and, in any event, no later than fourteen (14) days after he has communicated his decision to withdraw from the contract. The date of return of the goods by the Buyer is necessary in determining whether this deadline has been respected. The costs of returning the goods are the responsibility of the Purchaser. If the returned goods have undergone depreciation resulting from manipulations other than those strictly necessary to establish its nature, characteristics and proper functioning, the Purchaser is liable.

7.5 The right of withdrawal is however excluded with regard to the following contracts in particular:

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

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

 – the supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the Purchaser after delivery; Or

– the supply of goods which, after being delivered, and by their nature, are inseparably mixed with other items.

8. WARRANTY

Merchandise is guaranteed against defects for a period of two (2) years from the day of delivery. As a rule, unless it is impossible or disproportionate, the defective goods are repaired or replaced by the Seller. In the absence of repair or replacement, the Buyer is entitled to an adequate reduction in price or, in the event of a major defect, to the termination of the contract (the goods are then returned to the Seller and the price refunded to the Buyer).

 Any complaint or question can be addressed to our after-sales service whose contact details are as follows.

 customerservice@chado-cosmetics.com

9. EXCLUSION OF LIABILITY

The photos and texts illustrating and describing the products that appear on the Site are non-contractual and are provided for information purposes only. The Seller assumes no liability in the event of errors and/or omissions in connection with the photos and/or texts present on the Site.

 To the fullest extent permitted by law, the Seller may under no circumstances be held liable for any damage whatsoever in connection with the sale or use of the products offered on the Site.

10. LANGUAGES

The T&Cs exist in French and English. In case of discrepancy, the French version prevails.

11.JURISDICTION AND APPLICABLE LAW

To the fullest extent permitted by applicable law, the T&Cs are subject to substantive Swiss law.

Subject to mandatory forums designated by the applicable legislation, the forum is in Geneva (subject to appeal to the Federal Court)

All rights to the T&Cs belong to their authors. Any reproduction without prior license is strictly prohibited and will be prosecuted.

 RIGHT TO RETRACT

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

The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.

To exercise the right of withdrawal, you must notify us (CHADO Sarl – 16 rue Neuve-du-Molard 1204 Geneva – Switzerland – info@chado-cosmetics.com) of your decision to withdraw this contract by means of an unambiguous statement (e.g. letter sent by post or e-mail).

For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal

In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from the fact that you have chosen, where applicable, a method of delivery other than the less expensive method of standard delivery offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment as you used for the initial transaction, unless you expressly agree to a different means; in any case, this reimbursement will not incur any costs for you. We may withhold reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever date is first.

You must send back or return the goods to us without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to withdraw from this contract. This deadline is deemed to have been met if you return the goods before the expiry of the fourteen-day period. 

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

 Your liability is only engaged with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property.

TERMS OF SERVICE

Thank you for visiting the Site.

 All information and documentation contained on the Site are presented for information purposes only and for the purpose of promoting our products and services. The information and documentation presented do not in any way constitute an offer of products and/or services on our part, nor on the part of our partners or third parties, and cannot be considered as advice or instructions on the use of our products and services.

 Please read the Terms of Use carefully. By accessing the Site, you signify your acceptance and understanding of the Terms of Use. If you do not agree to our Terms of Use, please refrain from accessing the Site.

 We reserve the right to modify the Terms of Use without notice and at any time. Remember to check this page regularly to learn about changes to the Terms of Use. The version published on the Site at the relevant time applies between you and us.

 In the Terms of Use, the terms 'we', 'us' and 'our' refer to CHADO. “You”, “your” and “yours” refer to anyone using or accessing the Site.

1. DEFINITIONS

In the Terms of Use, terms beginning with a capital letter have the following meanings:

 T&Cs: our general terms and conditions of sale, as updated from time to time.

 Terms of Use: these Terms of Use, as updated from time to time.

 Content of the Site: all software, works, services, procedures, facilities, designs, technologies, brands, logos, company names, inventions, descriptions, images, sounds, music, videos, information and other content available on the Site.

 Privacy Policy: our privacy and personal data protection policy, as amended from time to time.

 Site: the website http://www.chado-cosmetics.com

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

 2. PRIVACY AND PERSONAL DATA PROTECTION POLICY

When entering and processing personal data, CHADO is subject to Swiss data protection legislation. For more information, please see our Privacy Policy which is an integral part of the Terms of Use.

3. GENERAL CONDITIONS OF SALE

The purchase and sale of our products via the Site is governed by the GCS which apply in the event of an order.

4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make every reasonable effort to ensure that the information on the Site is accurate and complete. However, we reject any responsibility if this should not be the case. If you rely on any data on the Site, you do so at your own risk. You agree that it is your responsibility to keep yourself informed of any changes to the content of the Site. Any liability of CHADO is excluded in this regard.

5. INTELLECTUAL PROPERTY RIGHTS

The copyright and other intellectual property rights relating to the Content of the Site are the property of CHADO or are used with the permission of the owner concerned. You are authorized to browse the Site and reproduce extracts, by printing or downloading to a hard drive, for your destination or that of your relatives. This is possible as long as you observe copyright notices and other intellectual property notices. No reproduction of any part of the Site may be sold or distributed for commercial purposes, nor may it be modified or incorporated into any other work, publication or any other Internet site.

 CHADO and, where applicable, its partners, remain the owners of the Content of the Site. It is protected by copyright, designs, trademarks, patents and any other intellectual or industrial property right recognized by the law in force.

6. LINKS TO OTHER SITES.

Links on the Site may direct you outside our networks and systems, in particular to the websites of our partners. CHADO accepts no responsibility for the content, accuracy or operation of these third-party sites. These links are provided in good faith and CHADO cannot be held responsible for the content of third-party sites to which a link is provided. The inclusion of any link to other websites does not imply endorsement by CHADO. We recommend that you familiarize yourself with and carefully read the terms of use and the data protection notice of all other sites you visit. 

7. PROCESSING OF COMMUNICATIONS AT CHADO – E-MAIL SECURITY

Any communication you send to CHADO via the Internet will not be considered confidential. When you communicate with CHADO by e-mail, you must take into account that the protection of e-mail messages transmitted over the Internet is not guaranteed. Therefore, by sending important or confidential, unencrypted messages via e-mail, you accept the risks of this uncertainty and the possible lack of confidentiality of the Internet.

8. NO WARRANTIES

Use of the Site is at your own risk.

The Site is provided to you 'as is' and 'as available'. Consequently, CHADO does not offer any guarantee. In particular, we do not guarantee that (i) the Site and the services offered on it meet your requirements; (ii) the Site and its content are complete, accurate, precise, reliable, up-to-date and do not infringe the rights of any third party; (iii) access to the Site will be uninterrupted or error-free, or guaranteed virus-free; (iv) defects will be corrected; (v) the Site is secure; or (vi) any advice or opinion provided by CHADO through this Site is accurate and reliable.

The Site may also contain information and documentation regarding products or services that are not available to everyone. Although CHADO strives to distribute its products and services as widely as possible, reference to a product or service does not mean that it is or will be available to you.

 Any information on the Site is subject to change or deletion without notice.

 9. EXCLUSION OF LIABILITY

To the extent permitted by law, any liability of CHADO, its bodies, its auxiliaries and its representatives, which may result from your access to – or your use of – the Site, is excluded.

As a condition precedent to your use of the Site, you agree to indemnify CHADO, as well as its bodies, its auxiliaries and its representatives for any damage (including legal costs and lawyer(s)) which may result from your access to – or your use of – the Site. 

10. PROHIBITED ACTIVITIES

CHADO reserves the right to prohibit (eg by deleting the content concerned, by limiting or prohibiting access to the Site) any act which it may deem inappropriate and/or which it considers to be contrary to law or which is prohibited by the laws and regulations applicable to the Site, including (among other things) the publication or transmission on the Site of unauthorized information, in particular content which, in our opinion, is likely to disturb, be harmful to, or violate the systems and security network of CHADO or third parties, or to contain defamatory, racist, obscene, threatening, pornographic or otherwise illegal or immoral comments. CHADO also reserves the right to delete, without notice, any link, advertisement or indication of a commercial nature that would be the fact of a user of the Site.

We reserve the right to restrict, suspend or terminate your access to the Site or any feature or part of the Site without notice.

11. PARTIAL NULLITY

Any provision of the Conditions of Use which would be, in whole or in part, in contradiction with the mandatory Swiss law will be severable and any nullity, total or partial, of such a clause will not affect the validity of the rest of the clause in question, nor of the other clauses of the Conditions of Use. If a provision of the Terms of Use proves to be ineffective in whole or in part, it must be replaced by a provision producing economic and legal effects as close as possible to those of the invalidated provision.

12. MISCELLANEOUS

These Terms of Use and, where applicable, the GCS constitute the entire agreement between CHADO and you with regard to access to and use of the Site and the Content of the Site.

The fact that CHADO tolerates breaches by you of one of your obligations provided for in the Terms of Use, or of not requiring the application of a right which is recognized by CHADO by the Terms of Use or by law, cannot be interpreted as a waiver on his part to avail himself of it.

 These Terms of Use exist in French and English. In case of discrepancies, the French version prevails.

13. JURISDICTION AND APPLICABLE LAW

To the fullest extent permitted by applicable law, the Terms of Use are subject to Swiss law.

 Subject to mandatory forums designated by the applicable legislation, the forum is in Geneva (subject to appeal to the Federal Court)

 Terms of Use updated on 02/17/2021.

 All rights to these Terms of Use belong to their author. Any reproduction without prior license is strictly prohibited.