General Conditions of Use

Date of issue: May 1st 2020
The present General Conditions of Use (hereafter: “GCU”) include the terms and conditions according to which Aux Soins Naturels, Tamara Dutta, 16 Pélisserie, 1204 Geneva (hereafter “the Company” or “we”) authorises you to access and use the site www.tamaradutta.ch as well as those sites associated therewith (hereafter the “Site”) (whether you are a registered user (“User”) or a simple visitor) subject to the conditions set out in the present GCU.

By accessing the Site, you acknowledge that you have read and understood the present GCU and that you agree to be bound thereto and to comply with all applicable laws and regulations.  You guarantee that you have the legal capacity to agree to these GCU.  If you do not agree to these GCU, you must immediately abstain from accessing and/or using the Site.

The Company reserves the right to modify the present GCU at any time whatsoever.  The registered Users shall be informed of any such changes by a warning message or by email.  In the event of a modification of the present GCU, your agreement to said changes shall be requested when you visit the Site.   Continuous use of the Site after said modifications or following your explicit agreement to the new general conditions of use shall mean that you have agreed to said changes.

 

1. Site

The internet site which is accessible in particular at the address www.tamaradutta.ch (hereafter: the “Site”) is owned and operated by Aux Soins Naturels, Tamara Dutta, registered office at 16 Pélisserie, 1204 Geneva, Switzerland (hereafter: the “Company”), which may be contacted at the following email address: [email protected]

The Company provides the Site “as is”.

The Company cannot guarantee an uninterrupted use of the Site, nor that the Site shall be free of any virus, failures or errors.

The site being hosted on the internet, it may be subject to temporary periods where it is not available.  From time to time, the Company shall update the Site, which may mean the latter is unavailable for a certain period of time.  The Company shall use its best endeavours to ensure the reliable and continuous functionality of the Site, but cannot guarantee that the Site shall function without interruption and without incident.

The Company may, on its own initiative, modify, suspend or close down the Site at any time, without there being any ensuing liability to indemnify the Users for any damage or loss resulting from said modification, suspension or closure.  We may not be held liable for any damage or loss which you may suffer following any Site failure or breakdown, following the suspension of your access, which includes any damage directly or indirectly caused by an operation which has failed.

2. Purpose

The Site is a site for the sale of products offered on the market and marketed by the Company.

3. Use of the Site

During your use of the Site, you undertake to not carry out the following action when using the Site:

– use the identity of another or create a false identity;

– intimidate or harass any physical person or corporate body;

– present yourself in an intentionally misleading manner;

– rely upon a false affiliation with a physical person or corporate body;

– use or attempt to use the account of a User without having been so authorised by the Company;

– use the Site and/or the contents thereof for commercial purposes without the prior agreement of the Company;

– to reproduce without the right to so do any of the contents of the Site, whether said reproduction is automatic or not;

– publish or broadcast spam, unsolicited or bulk email, advertising, solicitations, email chains or pyramid schemes across the Site;

– download, publish, transmit, broadcast or make available via the Site any document containing electronic viruses or any other form of electronic code, file or program the purpose of which his to block, damage or limit the operation of a software program, computing equipment, telecommunications equipment or any other technology which may be capable of presenting a threat to the Site, the interests or property of the Users or the Company;

– export or re-export any application or tool developed and owned by the Company and/or in breach of the laws governing the exportation of data in the jurisdictions involved and in compliance with the rules and restrictions as set out;

– copy, alter or distribute the rights and the contents of the Site in any manner whatsoever;

– market any code, information or software from the Site;

– download, publish, transmit, broadcast or make publicly available by any other means the Personal Data of the Users;

– gather or collect information regarding the Users, such as email addresses, without their consent or use automatic scripts to collect information from the Site or to interact with it;

– download, publish, transmit, broadcast, store or display in public via the Site or by any other means all and any questions, answers, comments, opinions, analysis, recommendations for which you have neither authorization nor empowerment to produce.

– download, publish, transmit, broadcast, store or display in public via the Site or by any other means contents or information which the Company shall deem to be controversial, illegal, inappropriate or which prevent or limit the use of the Site, or which may expose the Site or the Users to losses or liabilities;

– download, publish, transmit, broadcast, store or display in public via the Site or by any other means contents or information which may give rise to criminal proceedings, encourage or provide instructions to carry out actions which may lead to criminal proceedings.

4.Indemnity

You undertake to fully discharge and indemnify the Company from all and any liability, and its subsidiaries, distributors, dealers, agents and its or their employees against any claims, costs, loss and expenses (including legal fees) resulting from your failure to comply with any of the obligations set out in these GCU.

5.Products

The Company uses the Site in order to present and market cosmetic artisan products (“Products”).

Are deemed to qualify as cosmetic products, in accordance with art. 53 para.1 of the order on foodstuffs and commodities (ODAIOUs; RS 817.02), “any substance or preparation which is to come into contact with certain superficial parts of the human body such as the skin, the hair and capillary system, nails, lips or external genitalia or with teeth and mucous membranes of the oral cavity in order, exclusively or mainly, to clean, perfume, modify the aspect, protect, maintain or correct bodily odours.”

The formulas developed by the Company may evolve, they depend on climatic conditions.  You must also refer to the list of ingredients, which are set out on the product label and shall be the only authentic list.

You understand and agree that, although they may contain stimulating properties for your skin, the Products are solely cosmetic and have no medical properties.

6. Promotional offers

From time to time the Company make promotional offers which are subject to specific conditions which shall be published on the Site and which form an integral part of the present GCU.

The Company reserves the right to offer Product promotions for private sale on third party sites.

7. Guarantees

The Products comply with the legal conditions for marketing in Switzerland and as such comply with the Federal legal provisions regarding foodstuffs and commodities (LDAI), the implementing ordinance (ODAIOUs) and the DFI Ordinance regarding cosmetic products (OCos).

You understand and agree without limitation or qualification that the use of the Products shall be at your own risk.

Please read the instructions on the packaging and the Product detail sheet and comply with its instructions prior to using the Products.  Please comply with the product use by date listed on the Products.

In the event of an intolerance to one or more of the Products, you must immediately cease using said Products.

The Company rejects any liability regarding any possible allergies, intolerance and other secondary effects of any kind whatsoever which may be linked, directly or indirectly, with the use of the Products.

8. Orders

When submitting an order on the Site, you agree to the conditions of sale set out on the Site and you undertake to pay the Price via the Payment Provider (cf. here below).

9. Price

The prices listed on the Site exclude VAT and represent a valid offer to enter into a sales agreement by the Company (hereafter: the “Price”).  The reference currency is the Swiss Franc.  VAT shall be added for all deliveries in Switzerland.

By ordering one or more Products via the Site you undertake to pay the price to the Company.

In the event of a failure to pay at the time of sale, you acknowledge that the Price is due and that acceptance of these General Conditions is equivalent to an acknowledgement of debt as defined by article 82 of the Federal law on debt recovery and bankruptcy (LP).  Following the sale of the Product, interest shall be payable at a rate of 5% per annum.

10. Withdrawal period.

You shall have a period of 14 days within which to change your mind and return the Products to the Company, at your own cost.  Any Products which have been opened or used shall be invoiced.

In the event of a return of the Products, the latter must be complete, in their original state together with the original packaging in perfect condition and with a copy of the invoice.

Risks relating to the return of the Products shall not be borne by the Company.  The Products must be returned at the customer’s expense, to the following address: Aux Soins Naturels, Tamara Dutta, 16 rue de la Pélisserie, 1204 Geneva, Switzerland.

Those Products which have been returned may only be exchanged or refunded if they have been validated, which is to say that they have not deteriorated or been modified or altered in any way whatsoever.  This verification shall occur upon receipt of the Products and at the sole discretion of the Company.

In the event where there is no validation, the Products shall be destroyed and the Client shall be so notified.

In the even of a validation, the Products may be exchanged or refunded.  In the event of an exchange, the price difference shall be debited from or credited to the client.  In the even of a return, the value of those returned Products shall be credited to the client (by bank transfer only).

11. Payment

Payment shall be made:

– in cash, at the time the products are picked-up at the institute in Geneva.

– or by bank transfer, in case the order is shipped by mail (payment in advance is required).

Bank details will be provided when the order is confirmed.

12. Delivery

In Switzerland the Products shall be delivered by post to your delivery address, without additional cost.

Outside of Switzerland purchases over CHF 300.- shall be free of charge.

The Company is free to decide those countries to which it shall export its products.

The package shall be hand delivered by the Post Office or the delivery company in return for a signature by the recipient, or the person living with the recipient, or a person who is authorized to so sign.  A signature shall be proof of delivery of the package.

13. Costs and tax.

Costs relating to customs tax, VAT or other costs for deliveries outside of Switzerland are charged extra and shall be borne by you.

14. Insurance

The Products are delivered Ex Works from our production centre in Geneva, Switzerland.

The Company shall not incur any liability in the event of an accident or damage to the Products during transportation.  All risks relating to delivery, including those relating to damage to the Products during delivery, shall not be borne by the Company.  You shall be liable to contact an insurance company should you wish to cover said risks.

The cost of said insurance policy shall be borne by you and shall be additional to the delivery costs.

15. Defects

The natural Products may be subject to modification, without affecting the quality thereof.

Any modification to the texture, colour or odour of the natural Products shall not in any manner whatsoever amount to a defect.

16. Warranty disclaimer

IN NO EVENT SHALL THE COMPANY OFFER ANY GUARANTEE WHATSOEVER OTHER THAN THOSE SPECIFICALLY SET OUT IN THESE GCU.

TO THE FULL EXTENT ALLOWED BY THE LAW, THE COMPANY SPECIFICALLY EXCLUDES ALL AND ANY LIABILITY OR GUARANTEE OF ANY KIND WHATSOEVER, WHETHER EXPLICIT OR IMPLIED, RELATING TO THE SITE AND/OR THE PRODUCTS, INCLUDING IN PARTICULAR MARKETING GUARANTEES, AS TO A SPECIFIC USE AND OF NON INFRINGEMENT.

THE COMPANY MAKES NO GUARANTEE AS TO THE AVAILABILITY OR THE SUITABILITY OF THE PRODUCTS AND DOES NOT GUARANTEE THAT (I) THE PRODUCTS SHALL CORRESPOND WITH THEIR DESCRIPTION, THE SUGGESTIONS AND/OR THE IMAGES PRESENTED ON OR FROM THE SITE AND THAT (II) THE PRODUCTS SHALL BE APPROPRIATE FOR YOU AND WITHOUT ANY RISK TO YOURSELF.

THE COMPANY MAY NOT BE HELD LIABLE FOR ANY DAMAGE CAUSED BY THE USE OR THE TRUST PLACED IN THE SITE AND/OR THE PRODUCTS AND/OR ANY CONTENTS LISTED ON THE SITE.

THE COMPANY MAY NOT IN ANY EVENT BE HELD LIABLE FOR ANY DAMAGE CAUSED BY THE USE OF THE PRODUCTS AND/OR AS A RESULT OF ANY INCOMPATIBILITY, INTOLERANCE, ALLERGY OR ANY OTHER TYPE OF LOSS, DAMAGE AND INCONVENIENCE CAUSED BY THE PRODUCTS AND/OR THE USE THEREOF.

IN PARTICULAR THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, OF ANY KIND WHATSOEVER, INCLUDING A LOSS OF INCOME OR OF DATA, WHICH WOULD HAVE BEEN SUFFERED BY THE PURCHASER, THE SELLER OR BY ANY OTHER PERSON, WHETHER DUE TO AN ACT BY THE COMPANY OR BY A THIRD PARTY.

THE COMPANY SHALL NOT BE LIABLE IN THE EVENT OF ANY IMPOSSIBILITY DUE TO A FORCE MAJEURE.

THE COMPANY DOES NOT GUARANTEE THAT THE SITE SHALL BE ACCESSIBLE AT ALL TIMES AND SPECIFICALLY RESERVES THE ABILITY TO CEASE THE OPERATION THEREOF AND TO SHUT DOWN THE SITE AT ANY TIME, WITHOUT PRIOR NOTICE.

THE COMPANY REJECTS ALL AND ANY LIABILITY IN THE EVENT OF A PURELY ECONOMIC LOSS OR A LOSS OF OPPORTUNITY.

IN ANY EVENT, AND TO THE FULLEST EXTENT ALLOWED BY THE LAW, THE COMPANY AND ITS AFFILIATED ENTITIES SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY CLAIM RELATING TO THE USE OF THE SITE OR OF THE PRODUCTS WHICH WOULD BE GREATER THAN THE VALUE OF THE PRICE OF THE PRODUCTS ORDERED BY A USER.  ANY CLAIM MUST BE MADE WITHIN A PERIOD OF ONE YEAR FAILING WHICH IT SHALL BE CONTRACTUALLY PRESCRIBED.

17. Privacy

By using the Site, both the Users and the visitors agree that the Company may gather, process and use their Personal Data.  Such information obtained by the Site shall solely be used in accordance with the Privacy Policy available at […] and the terms shall form an integral part of these GCU.

18. Links

The Site may be led to provide links to other Sites which are not controlled by the Company.  The Company denies all liability regarding the contents of said Sites.  The Company solely provides these links by way of information, and the inclusion of these links in no way implies that the Company approves of the contents thereof.

19. Trademark

Tamara Dutta © and Swiss Slow Cosmetics © are trademarks of the Company. The Site together with its contents are the property of the Company.

Under no circumstances may you use the brand, which includes the trademarks and the domain names, relating to any product or service in a manner which could be potentially confusing or give the impression that the Company approves the product or the service in question.  You may only use the brand with the prior written authorisation of the Company.

20. Intellectual property rights

The “intellectual property rights” include the copyright, utility models, design rights, patent rights, rights relating to the database, trademarks, trade secrets, the know-how or any other property or industrial rights, whether or not registered.

The Intellectual property rights and any other proprietary right over the contents presented by the Site (including amongst others, the software, graphics, any video images, the description of the products, the name of the products, the list of prices, the information as well as the selection thereof and their arrangement) remain the exclusive property of the Company.  Logos, graphics, page headings, button icons, texts and names of services presented on the Site form part of the Company trade dress and are protected by the Intellectual property rights belonging to the latter.  This includes all the rights over the software associated with the Site.  All Intellectual property rights which are not specifically registered and which apply to the contents of the Site, are the property of the Company.

The domain name at which the Company is hosted is the sole property of the Company.  The Users are not authorised to use or adopt a similar name for their own use.

21. License

The Company grants the Users and the visitors a worldwide license which is limited, non exclusive, non-transferrable, which may not be subject to a sub license, and may be revoked at any time, to use the Site for their personal and non-commercial needs, as with the display of the Site on their computer screen, smartphone or tablet, subject to the condition that they comply with these General Conditions of Use.  Any other use is specifically excluded unless with the prior written agreement of the Company.

The Users and visitors are solely authorised to use the Site in compliance with Swiss law and any other law which may apply to them.  The Users and visitors may only use the Site legally, and any illegal or inappropriate use is specifically excluded.

Any other use of the contents available on the Site, including but not limited to, the distribution, the reproduction, the modification, the broadcast, the display, the download, the presentation or the transmission of all or part of the contents of the Site, the GCU and the Privacy Policy without the prior written authorisation of the Company is strictly prohibited.

22. Termination

The Company may block, close or suspend your account or prevent access to or use of the entirety or part of the Site if (i) you breach the GCU or any other rule governing the use of the Site, (ii) your behaviour may cause harm to the Company, the Users or third parties and trigger the liability of the Company, the Users or third parties or (iii) for any other grounds defined by the Company and by the Company only.

You may terminate your account at any time by sending a notice of termination to the Company according to the procedure set out on the Site.  The Company may at any time following the termination of your account prohibit your access, use and participation in the Site, as well as the contents thereof.  Access, the ability to use and participate in the Site, including all content set out therein, by the User may be excluded by the Company at any time following the termination of the account.  The termination of the account by a User shall not exempt it from its contractual obligations, in particular that of payment of the Price.

Subject to any provision to the contrary, upon the closure of your account the Company shall delete your account.

The Company may close the Site at its sole discretion and without prior notice.

23. Miscellaneous

These GCU and the Privacy Policy form a single, full and exclusive agreement which replaces any prior proposal or agreement, whether in writing or oral or by any other kind of communication between yourself and the Company.  No change to these GCU shall bind the Company unless stipulated in writing and signed by the Company.  If one of these provisions should be held to be void or unenforceable, the provision in question shall be modified in order for it to be enforceable, the invalidity or enforceability of said provision shall in no way affect the validity or the enforceability of the other provisions of these GCU.  If one or other of the provisions of these GCU were to be invalidated by a tribunal or other competent authority, only the provision in question shall be limited, the other provisions remaining in force in their entirety.  Failure by the Company to apply or exercise a right or a provision of these GCU shall not amount to a waiver of said right or provision.

24. Transfer

The Users may not transfer any of their rights and obligations resulting from these GCU without the prior written consent of the Company.

The Company may transfer all of its rights and obligations resulting from these GCU, including all Personal Data, without needing the prior written consent of the User.  To the extent that such consent shall be required by mandatory law, the Company shall notify the User of the transfer of its rights or obligations by email.  The User shall be deemed to have agreed to the transfer so notified, unless said User specifically refuses said consent within a period of 15 days from the announcement.  In the case of such a refusal by the User, the Company shall have the right, without prior notice, to terminate any agreement which binds it with the User and binds it to these GCU.

25. Applicable law and forum

These GCU are governed by Swiss law, with the exception of Federal law on Swiss Private International Law.

Disputes relating to these GCU, including disputes relating to the validity thereof, as well as disputes relating to the use of the Site and made against the Company shall come under the jurisdiction of the ordinary Genevan Tribunals, with reservation of the right to appeal to the Federal Tribunal.  The United Nations Convention on the International Sale of Goods does not apply to the Site and/or the Products ordered via the Site.