Terms and Conditions of Sale

1. Scope

These Terms and Conditions of Sale apply to all sales made through the online shop shop.esthoria.ch, operated by Privilege Esthetic Academy Sàrl, Rue des Vergers 8, 1815 Clarens, Switzerland, UID CHE-387.465.236, to professional customers (B2B) and to private customers (B2C).

Placing an order implies unreserved acceptance of these terms. The customer's own purchasing conditions apply only if we have accepted them in writing.

2. Customer accounts

An account is required in order to place an order. You undertake to provide accurate, up-to-date information and to keep your login details confidential.

Professional account. Certain products and prices are reserved for beauty professionals. Access is granted after verification of proof of activity or of training — see the Professional Account page. We reserve the right to refuse or suspend a professional account whose supporting document cannot be verified.

3. Products

Product descriptions, compositions and photographs are prepared with the greatest care. Minor differences in shade or packaging may occur compared with the images shown, without this constituting a defect.

Certain products are intended for professional use and must only be used by trained people. It is the customer's responsibility to follow the directions for use and the precautions given on the product page and on the packaging.

Products are offered while stocks last. If an item you have ordered turns out to be unavailable, we will inform you and offer you either a delivery date or a refund for that item.

4. Orders

Orders become binding once payment has been confirmed. A full summary is shown before final confirmation, and you can correct every detail at that stage.

A confirmation e-mail, which constitutes acceptance of the order, is sent to you automatically.

We reserve the right to refuse any order in the event of a previous dispute, incomplete information, a clearly disproportionate quantity, or a suspicion of unauthorised resale.

5. Prices

Prices are stated in Swiss francs (CHF).

For private customers, the prices shown are inclusive of all taxes, VAT included.

For approved professional customers, the prices shown are exclusive of VAT. VAT at the statutory rate in force is calculated when the order is confirmed, appears in the summary shown before payment, and is stated on the invoice.

Prices may be changed at any time. The applicable price is the one displayed at the moment the order is confirmed. Delivery charges are shown separately before confirmation.

6. Payment

Payment methods accepted:

• credit cards: Visa, Mastercard, American Express, China UnionPay;
• TWINT;
• bank transfer.

Payment is due when the order is placed. Payment data is processed by our payment provider and does not pass through our servers.

The provisions of this section relating to payment against invoice and to late payment apply exclusively to professional customers. Private customers pay for their orders in full when the order is confirmed.

Payment against invoice (professional customers)

Approved professional accounts may select payment against invoice at 30 days from the invoice date among the payment methods offered when the order is confirmed.

Selecting this payment method does not constitute acceptance on our part. Nor does the automatic order confirmation constitute agreement to that payment method. We reserve the right, before dispatch and without giving reasons, to make all or part of the order subject to advance payment, including where payment against invoice has been selected and the order has already been confirmed. The customer is informed accordingly and the order is dispatched once payment has been received.

First orders. Orders from a new professional customer are as a rule dispatched against advance payment, even where payment against invoice has been selected. Payment against invoice is opened subsequently, in the light of the payment history.

This facility is granted at our discretion and confers no acquired right. Having benefited from it for one or more previous orders creates no right to benefit from it for subsequent orders.

We reserve the right, at any time and without giving reasons, to change, reduce, suspend or withdraw the payment facility granted to a customer, whether new or existing, and to require payment in full in advance before dispatch, including for orders already confirmed but not yet dispatched.

We are likewise entitled to require, instead of or in addition to advance payment, the provision of appropriate security — a down payment, a bank guarantee, a surety bond or any other equivalent security — before the order is fulfilled.

We exercise this right in particular in the event of late payment, of the credit limit being exceeded, of an open invoice, of unfavourable information about the customer's creditworthiness, of debt enforcement or insolvency proceedings, or of a material change in the customer's situation. Rights arising from art. 83 CO (Swiss Code of Obligations) remain reserved.

The exercise of this right gives rise to no compensation or damages. If advance payment is not made within ten (10) days of our request, we are entitled to rescind the order.

Credit limit. A credit limit is set for each professional account. Orders that exceed this limit, or that are placed while an invoice remains open, are fulfilled against advance payment.

Late payment

Once the due date has passed, default interest of 6 % per year is payable automatically, without prior formal notice. Each reminder is charged at CHF 15.–, added to the amount due together with the default interest.

Waiving, in a particular case, the charging of default interest or of reminder fees constitutes neither a waiver of those claims for the future nor an amendment to these terms.

If payment is not made within 60 days of the invoice date, the debt may be handed over or assigned to a debt collection service. All costs arising from the default — reminder, collection, debt enforcement and legal fees — are borne by the customer.

We reserve the right to suspend the fulfilment and delivery of any order, current or new, for as long as an invoice remains overdue and unpaid, and to require advance payment for subsequent orders.

The customer authorises ESTHORIA to obtain from public offices and credit reference agencies the information needed to assess their creditworthiness.

Set-off. The customer is not entitled to set off our claims against their own claims, nor to withhold payment, unless their claims have been acknowledged by us in writing or established by a court decision that has become final.

7. Delivery

Delivery in Switzerland: CHF 11.90, free from CHF 250 excl. VAT. An express delivery is offered at CHF 25.00. Collection at the Clarens showroom: free. Dispatch by Swiss Post within 1 to 4 working days.

The express option ensures priority handling and dispatch, not a delivery date. The provisions of this clause relating to delivery times apply equally to express shipments.

Delivery times are indicative and are not fixed deadlines. Exceeding them gives no right to cancel the order, to a price reduction or to compensation. If the supplier or the manufacturer is out of stock, we cannot be held in default.

If not all of the items ordered are available, we are entitled to make partial deliveries.

The risk of loss and deterioration passes to the customer as soon as the parcel is handed over to the carrier. Any visible damage must be reported to the carrier on delivery and brought to our attention within 48 hours.

Detailed conditions are set out on the Shipping Information page.

8. Retention of title

The goods delivered remain our property until the price, including interest and costs, has been paid in full. We are entitled to apply for the corresponding entry in the register of retention of title agreements.

Before payment in full, the customer may not pledge the goods, assign them as security, or dispose of them in any way that would compromise our right.

9. Returns

Returning goods that are free from defects is not a right. It requires a written and reasoned request from the customer within fourteen (14) days of delivery, together with our express acceptance.

If we accept, the return is made at the customer's expense, postage prepaid. The price of the items is refunded in full, with no deduction. The original delivery charges are not refunded.

The goods must reach us unused, in their intact original packaging, with seals unbroken. For reasons of hygiene, cosmetic products that have been opened or unsealed, instruments taken out of their packaging and products sold as promotions are not taken back under any circumstances.

Goods sent back without prior agreement give no right to a refund.

The detailed conditions and the procedure are set out on the Returns and Refunds page, which forms an integral part of these terms.

10. Warranty and notice of defects

The customer must inspect the goods immediately on delivery. Apparent defects must be reported in writing within 7 days of delivery; hidden defects, immediately upon discovery. In the absence of notice within these periods, the goods are deemed accepted.

Where a defect is established and has been duly reported, we will, at our choice, replace the goods or refund the price. Any other claim is excluded within the limits permitted by law.

We sell products whose use presupposes professional training in the beauty sector. We do not warrant that the products are suitable for the use the customer has in mind, nor that any particular result will be achieved.

Excluded from the warranty is damage for which the customer is themselves responsible, in particular damage resulting from use that does not follow the directions for use, from use by an untrained person, from inadequate storage, from a break in the cold chain, from use after the expiry date, from mixing with other products, or from any modification of the product.

Mandatory statutory provisions in favour of consumers remain reserved.

11. Resale and exclusive brands

Products bought from ESTHORIA are intended for the customer's professional use or for resale to the customer's own clients in their salon.

Products of the brands for which we are the exclusive distributor for Switzerland, in particular KART Podology, may only be resold in salons and physical points of sale. Any offering or resale of these products on online shops, marketplaces or selling platforms is prohibited.

In the event of a breach, we are entitled to suspend the customer's account, to refuse any further order and to claim compensation for the damage suffered.

12. Liability

Our liability is limited to the amount of the order concerned. We accept no liability for indirect damage, in particular loss of turnover, of clientele or of data.

This limitation does not apply in the event of gross negligence or wilful misconduct, nor in the event of injury to life or physical integrity.

Professional products must be used by trained people. We accept no liability where a product is used by an unqualified person or where the directions for use are not followed.

13. Intellectual property

The content of the site — texts, images, logos, trade marks, layout — is protected. ESTHORIA® is a trade mark registered in Switzerland (no. 855158, classes 3, 35 and 41). Any reproduction, even in part, and any use of the ESTHORIA sign without our prior written authorisation, are prohibited and may give rise to legal action.

14. Data protection

The processing of personal data is described in our Privacy Policy, which forms an integral part of these terms.

By accepting these terms, the customer confirms that the information provided is accurate.

15. Changes to these terms

We may change these terms at any time. The terms that apply are those in force on the date of the order. As soon as the customer places a new order after a change, they accept the amended terms.

16. The customer's own conditions

Contractual conditions of the customer that differ from these terms, including any the customer declares applicable when accepting the contract, do not form part of the contract. They are valid only if we have expressly accepted them in writing.

17. Partial invalidity

Should any clause of these terms be declared invalid, the remaining clauses remain fully valid. The parties undertake to replace the invalid clause with a valid provision whose content comes as close as possible to the original intention and to the economic purpose pursued.

18. Applicable law and place of jurisdiction

These terms are governed by Swiss law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction is Montreux, Switzerland. For consumers domiciled in Switzerland, the mandatory places of jurisdiction provided for by law remain reserved.