Article 1 – Scope
1.1 These General Terms and Conditions of Sale apply to the distance sale via internet through the site www.nescens.com (hereinafter referred to as the “Site”):
- of cosmeceutical products of the Nescens brand offered on the Site (hereinafter referred to as the “Cosmeceuticals”), and
- of check-ups provided by or under the auspices of Nescens Genolier offered on the Site (hereinafter referred to as the “Check-ups”, and together with the Cosmeceuticals, as the “Products”).
The purpose of these General Terms and Conditions of Sale is to define the rights and obligations of the parties in connection with the sale of Products through the Site.
1.2 All sales of Cosmeceuticals and all Check-ups ordered through the Site are subject to the provisions of these General Terms and Conditions of Sale. The purchaser’s request to order a Cosmeceutical or a Check-up through the Site (the “Client”) leads to the full acceptance of these General Terms and Conditions of Sale by the Client, who acknowledges having read and fully understood them prior to ordering.
These General Terms and Conditions of Sale are subject to modifications and updates at any time. The conditions applicable are those in force on the day of the order by the Client.
1.3 The Site may only be used for retail sale and for private use. Any professional use of the Site, in particular with a view to the resale of Products, is prohibited.
Article 2 – Parties to the contract
2.1 In the event of an order of Cosmeceuticals by the Client, the contract is concluded in accordance with these General Terms and Conditions of Sale between the Client and the company:
Laboratoires Genolier SA
Route du Muids 5
CH- 1272 GENOLIER / SWITZERLAND
(hereinafter referred to as “Laboratoires Genolier”, or the” Seller “when it comes to the sale of Cosmeceuticals).
2.2 In the event of an order for a Check-up by the Client, the contract is concluded in accordance with these General Terms and Conditions of Sale between the Client and the company:
Nescens Genolier SA
Route du Muids 5
CH- 1272 GENOLIER / SWITZERLAND
(hereinafter referred to as “Nescens Genolier”, or the” Seller “when it comes to the sale of Check-ups).
2.3 To place an order on the Site, the Client must be of legal age, have legal capacity and hold a bank card as defined in Article 6 below.
Article 3 – Products
3.1 The essential features and prices of the Products are available on the Site.
3.2 While Laboratoires Genolier and Nescens Genolier take great care and are as accurate as possible for online information, Product descriptions and the data available on the Site, they cannot be held responsible for non-substantial errors that could occur. Likewise, although the photographs and other reproductions of the Products represent them faithfully on the Site – and this, within the limits of the technique and in compliance with the best standards of the market -, these can however present non-substantial errors, which the Client acknowledges and accepts.
3.2 Laboratoires Genolier and Nescens Genolier reserve the right, without notice or indemnity, to temporarily or permanently close the Site or access to one or more Products, as well as to modify at any time the Products offered for sale online on the Site.
3.3 Products are only sold within the limit of available stocks. Laboratoires Genolier and Nescens Genolier reserve the right to limit the number of Products sold to the Client and to refuse all or part of an order, without any indication of reasons or justification.
Article 4 – Order, stages of conclusion of the sale via the Site
4.1 The order received on the Site is subject to strict compliance with the procedures described below also concretised by a succession of different screens on which are indicated the successive phases that the Client must imperatively respect to validate his/her order.
Step One: Client selection of Products
On the Site, the Client selects, enters and validates the identification and the quantity of the Products that he/she wishes to order (the availability of which is to be confirmed by the Seller if necessary); the said Products shall be added to his/her “Cart”.
When requested, the Client chooses his/her options, and indicates the personal data concerning him/her.
Step Two: Verification of the selected Products
The Client may freely modify his “Cart” made up of the selected Products, delete an initially selected Product, modify the quantities ordered or add a Product by clicking on the corresponding items made available to him/her within the “Cart”. Within the “Cart”, the price of the items – as defined in article 5 hereafter – is automatically displayed.
Step Three: Confirmation of the selected Products and validation of the order
Once the Client has completed his/her selection and wishes to validate the composition of his/her “Cart”, he/she must then identify himself/herself:
- if he/she has an account on the Site: by his/her e-mail address (id) and his/her password;
- if he/she does not have an account on the Site, in particular: by his/her name, his/her usual home address to which the order will be invoiced, his/her telephone number.
The Client must also validate:
– the delivery address of the order;
– the desired shipping method.
Once all this information is regularly entered and validated, the price of the items – as defined in article 8 hereafter – and the shipping charges will be displayed automatically.
After communicating his/her credit card number, in compliance with the conditions of article 6 hereafter, the Client then clicks on the “VALIDATE MY PAYMENT” button in order to debit his/her bank card.
This order commits the Client as soon as he/she has clicked on the “VALIDATE MY PAYMENT” button.
Step Four: Acknowledgement of the order by the Seller
The Seller then acknowledges receipt of the order in the form of an e-mail sent to the e-mail address communicated by the Client. The Client formally accepts the use of the e-mail for confirmation by the Seller of the content of his/her order.
This confirmation e-mail contains all the information communicated by the Client, indicating any difficulties or reservations raised by the order (availability of items ordered, delivery time, refusal of all or part of the order). It mentions the order number assigned to the Client by the Seller.
4.2 The contract is concluded between the Seller and the Client when sending the aforementioned confirmation email. This contract is concluded in accordance with the order and these General Terms and Conditions of Sales, subject to any limitations mentioned in this confirmation email.
4.3 Generally, this express agreement between the Seller and the Client provides that e-mails will be authentic between the parties as well as the automatic registration systems used on the Site, in particular as to the nature and date of the order. The Seller’s confirmation e-mail confirms the contents of the order and the contract between the parties.
Article 5 – Price
5.1 The price of the Products sold on the Site is indicated by article and reference, respectively.
5.2 All orders are payable in CHF, EUROS, POUND STERLING, DOLLARS.
5.3 For the Swiss market, prices take into account the VAT applicable on the day of the order and any change in the rate applicable to VAT will be automatically passed on to the prices of products in the sales area.
5.4 For export, the prices invoiced are excluding VAT. Customs duties or other local taxes or import duties or state taxes are likely to be due. These taxes are not the Seller’s responsibility and are added to the invoiced price, if required.
5.4 The duration of validity of the offers and prices is determined by the updating of the Site. The Seller reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the tariffs in effect at the time of the registration of the order in accordance with the 4.1- fourth level above.
Article 6 – Payment Terms
6.1 Payment by the Client is made only by credit card. Credit cards accepted are those mentioned on the Site at the time of purchase. The Seller reserves the right to change the accepted cards at any time.
6.2 The transaction is immediately debited to the client’s credit card after verification of the client’s data, upon receipt of the debit authorisation from the company issuing the credit card used by the Client. By communicating the information relating to his/her credit card, the Client authorises the Seller to debit his/her credit card for the amount corresponding to the price of his/her order, including any taxes and delivery charges. To this end, the Client confirms that he is the holder of the credit card to debit and that the name on the credit card is actually his/hers. The Client shall communicate the sixteen digits and the expiry date of his/her credit card and, where applicable, the numbers of the visual cryptogram.
6.3 Payment by credit card triggers a systematic request for debit authorisation. Any refusal, whatever the cause, implies the cancellation of the order.
Article 7 – Delivery of Cosmeceuticals
This Article applies only to Cosmeceuticals.
7.1. Delivery method
The method of delivery is chosen by the Client at the time of the order and is validated by him/her.
7.2. Delivery address
The Client is responsible for specifying the delivery address and validating it accordingly. The Client is solely responsible for a defect of delivery due to lack of indication during the order.
7.3. Amount of delivery charges
The delivery charges depend on the amount of the order and the mode of delivery chosen by the Client and are validated by him/her.
7.4. Delivery delay
Delivery times are indicated on the Site. This information is, however, purely indicative and the Seller cannot be held responsible for any delay in delivery.
7.5. Verification of the order on arrival
The Client is obliged to check the condition of the packaging and the Products on delivery, within 48 hours of receipt of the package. All complaints must be made by registered mail within 48 hours. Failure to make a complaint shall render any action against the carrier and/or Seller invalid, if the above-mentioned deadline has elapsed.
The Client must ensure that the Products delivered to him/her correspond to the order. In case of Products non-conformity, in type or in quality, to the specifications mentioned in the delivery note, the Client must inform the client service of Laboratoires Genolier by e-mail to the address [email protected] and return the products to the address indicated in Article 2 above.
7.6 Right of withdrawal
The Client is entitled to renounce his/her order and to return the Products if he/she is not satisfied with his/her order, within 10 days after receipt of the package. However, this right of withdrawal exists only if the Products have not been opened and are still intact in their original packaging. Free samples that may have been attached to the Products by the Seller may, however, be opened, used and retained by the Client without affecting this right of withdrawal from the Products. However, the Seller is under no obligation to provide such free samples.
The Client who wishes to exercise his/her right of withdrawal must inform the client service of Laboratoires Genolier by e-mail to the address [email protected] and return the Products in their original packaging, complete and unused to the address indicated in the Article 2 above.
Article 8 – Special provisions concerning Check-ups
This article applies only to Check-ups.
8.1 Issuance of the Check-Up
The Check-up is carried out by or under the aegis of a physician employed by or affiliated with Nescens Genolier freely chosen by Nescens Genolier (hereinafter referred to as the “Physician”), according to the programme and the schedule agreed explicitly with the Client.
8.2 Informed consent
The Client will complete and sign, at the latest on his first appointment with the Physician, a Personal Data Form, an Informed Consent, and an Anamnestic Questionnaire.
The Client agrees to fill completely, truthfully and correctly the Personal Data Form, the Informed Consent, and the Anamnestic Questionnaire. He undertakes, however, to inform the Physician in a complete, true and correct manner, in particular regarding his/her condition and his/her medical background.
8.3 Disclaimer of liability
Nescens Genolier is not responsible for the diagnosis and medical procedures of the physician. In particular, Nescens Genolier is not responsible for diagnostic errors or the absence, lack or inadequacy of medical procedures.
Article 9 – Client commitments
9.1 The Client undertakes that all the information communicated to Laboratoires Genolier and Nescens Genolier on the Site as part of the order complies with these General Terms and Conditions of Sale, and is complete, accurate and up to date. Failing this, the Seller reserves the right to: (i) cancel the order altogether or (ii) subordinate it to the communication by the Client of any proof of the information and addresses provided, to ensure of their existence and accuracy.
9.2 It is reminded that when ordering, the Seller collects the following personal data: identity, identification and password chosen by the Client on the Site, e-mail address, telephone number, usual address of the Client, address of delivery and means of payment, etc. This data is necessary for the processing of the order and may be communicated only to contractual partners of the Seller intervening in the execution of the order (in particular, to intermediaries for the payment of orders such as banking establishments).
9.3 The Client has an individual right of access, withdrawal and rectification of this data. The Client may also object to the data being communicated to third parties by sending a written request to the Seller either to the electronic address [email protected] or by registered mail to the address mentioned in article 2 above.
9.4. The Seller reserves the right to use this personal data for the purpose of sending commercial offers.
Article 10 – Intellectual property rights
10.1 The NESCENS trademark, as well as all figurative and non-figurative marks and more generally all other trademarks, illustrations, images and logotypes appearing on the Products, their accessories and their packaging, whether deposited or not, are and will remain the exclusive property of Laboratoires Genolier or Nescens Genolier, their affiliated companies, partners or licensed manufacturers.
10.2 Any reproduction or partial reproduction, modification or use of these trademarks, illustrations, images and logotypes, for any reason and on any medium without prior express agreement of Laboratoire Genolier or Nescens Genolier, is strictly prohibited.
10.3 More generally, the Client refrains from harming directly or indirectly the property rights of Laboratoire Genolier and Nescens Genolier.
Article 11 – Miscellaneous
11.1 Force majeure
The Seller’s performance of its obligations under this contract shall be suspended in the event of a fortuitous event or force majeure which would hamper or delay its execution and will therefore notify the Client of the occurrence of such a fortuitous event or force majeure within fifteen days from the date of the occurrence of the event. When the suspension of performance of the Seller’s obligations continues for a period exceeding sixty days, the Client has the option to cancel the order in progress and the Seller will then proceed to the refund of the order.
11.2. Non waiver
The fact that the Seller refrains from demanding at any given time the execution of any of the stipulations of the present General Terms and Conditions of Sale cannot be interpreted as renouncing to invoke later this total or partial non-performance.
11.3. Validity of the general terms and conditions of sale
If any of the stipulations of these General Terms and Conditions of Sale is declared invalid in whole or in part, the other stipulations and the other rights and obligations arising from these general terms and conditions of sale will remain unchanged and will remain applicable.
Article 12 – Applicable law and place of jurisdiction
12.1 These General Terms and Conditions of Sale and the contract between the parties in accordance with these General Terms and Conditions of Sale are subject to Swiss law.
12.2 Any dispute relating to the contract between the parties in accordance with these General Terms and Conditions of Sale shall be subject to the exclusive jurisdiction of the competent court in Genolier, Switzerland.