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General Terms and Conditions of use and legal notices
These General Terms and Conditions govern the contractual relationship between you, in your capacity as a user of the website www.opiswiss.ch (hereinafter referred to as the "Website") and So Be Cosmetics SA, the owner of the said Website.
So Be Cosmetics SA provides the option of purchasing various products via the Website.
All use of the Website is subject to prior acceptance of the General Terms and Conditions (hereinafter GTC), which include our privacy policy (Art. 6). If you do not agree to comply with them, please do not use the Website.
So Be Cosmetics SA reserves the right to amend the present GTC at any time. Amendments are communicated to you by one or more of the following means: e-mail, newsletter, publication on the Website or in any other way deemed appropriate by So Be Cosmetics SA.
1. Editor
The website, www.opiswiss.ch, is published by So Be Cosmetics SA, a limited liability company under Swiss law with a capital of CHF 100,000, registered in the Geneva Commercial Register under number CHE-276.012.887 and whose registered office is located at rue Ferdinand-Hodler 13, c/o SOFIREGE & ASSOCIES SA, 1207 Geneva, Switzerland.
VAT No.: CHE-101.273.245
E-mail: info@opiswiss.ch
Customer Service contact address:
So Be Cosmetics SA/
Wella IO Switzerland SARL
Chemin Louis-Hubert 1
1213 Petit-Lancy (GE)
Switzerland
Customer Service tel.: +41 58 944 4000
2. Hosting company
The website www.opiswiss.ch is hosted by INFOMANIAK NETWORK SA, a public limited company governed by Swiss law with a capital of CHF 102,000, registered in the Geneva Commercial Register under number CHE-103.167.648 and whose registered office is located at avenue de la Praille 26, 1227 Carouge (GE), Switzerland.
E-mail: support@infomaniak.com
Customer Service tel.: +41 22 820 35 55
3. Intellectual property rights
The content of the www.opiswiss.ch website is protected by Swiss law, in particular the Federal Copyright Act and the Federal Law Against Unfair Competition. All texts, photos, graphics, sound and video animation files are protected by copyright. The content of the Website may not be copied, reproduced, published, downloaded, transmitted, distributed, or used in any way or form whatsoever, in whole or in part, without the prior consent of So Be Cosmetics SA. Some logos and word or figurative branding are registered, protected trademarks and may not be used without the prior consent of So Be Cosmetics SA.
4. Responsibilities
So Be Cosmetics SA will do all it can to ensure the information provided on www.opiswiss.ch is reliable, accurate and up to date. However, So Be Cosmetics SA does not guarantee in any way the accuracy or completeness of the information provided on www.opiswiss.ch and, more generally, declines any liability for any damage, direct or indirect, whatever the cause, origin, nature or consequences, caused by anyone accessing the Website or the impossibility of accessing it, as well as the use of the Website and/or the credit given to any information originating directly or indirectly from it. So Be Cosmetics SA reserves the right to modify or correct the content of the documents published on www.opiswiss.ch at any time and without notice.
Use of the www.opiswiss.ch website is done at under your sole and entire responsibility. Consequently, you are liable to So Be Cosmetics SA for any damage of any kind you may cause while using the Website. You are responsible for your own technical equipment and for protecting the software or hardware of your equipment.
You agree to not use any tools, software or processes to diminish, or attempt to diminish, the proper functioning of the Website. You are also prohibited from taking any action on the Website that will result in an unreasonable or disproportionately large burden on the Website's infrastructure.
5. Links
The creation of hypertext links to the www.opiswiss.ch website may only be done with the express, written and prior authorisation of So Be Cosmetics SA. So Be Cosmetics SA declines all responsibility for the content, advertising, products or services available on or from websites linked to www.opiswiss.ch.
6. Processing of data and privacy policy
So Be Cosmetics SA undertakes to preserve the confidentiality of the personal data you transmit, namely first name(s), last name, address(es), e-mail address and IP address. The purpose of this article is to inform you in particular about the purpose of the processing, the data we process and the way we collect them.
All data collected are processed exclusively in Switzerland and France.
By accepting these GTC, you agree that So Be Cosmetics may process this data, and within this context:
- Inform the legal authorities if necessary;
- Processes its customer management in a broad sense on the basis of the personal data collected;
- Analyses the above data for research and statistical purposes;
- Publishes or transmits the above-mentioned data to third parties on an anonymous basis;
- Transmits or communicates the above-mentioned data to the Group companies or to partner companies of So Be Cosmetics SA, i.e. to the Website host (art. 2) and developer (WebXY, 7 rue des Pommerots, 78400 Chatou, France).
We collect data about you in the following ways:
6.1. Cookies
By connecting to www.opiswiss.ch and subject to your choices of settings for your browser software used during your first visit to the Site, various text files called "cookies", or similar technologies such as "web beacons", can be automatically placed on your device and temporarily stored in memory on your hard disk, in order to guarantee you a better experience on www.opiswiss.ch based on your preferences and browsing habits on our Site.
The following are the types of cookies used:
6.1.1. Cookies necessary to ensure proper functioning
These cookies are essential to navigate on www.opiswiss.ch and benefit from all its features, such as support for the user's operating system and display. These cookies allow you to display the Website according to your browsing preferences and personal choices (display resolution, language, registered user name, contents of a shopping basket, etc.). If you set your browser to block these cookies, some of the services on www.opiswiss.ch will not be optimally available or may even not be provided at all.
6.1.2. Traffic and performance cookies
The purpose of these cookies is to improve the comfort and quality of using the Website. They allow us to understand how users interact with our content on www.opiswiss.ch (sections and content visited, routes, etc.). Statistical analyses then help us to make out services more interesting and ergonomic.
6.1.3. List of type of cookies on www.opiswiss.ch
- PrestaShop-228bf78829ee1ec1fa6e22e15140521d: this cookie is used to store your coneection information
- datr, fr, reg_ext_ref, reg_fb_gate, reg_fb_ref, sb : these session cookies are only placed if you decide to click on "Like" and/or "Share" on our homepage.
- (cookies from online payment modules): these cookies are used to ensure the proper functioning of online payment modules on the one hand and, on the other hand, to store your bank details if you choose to store them on our Website.
You can authorise, limit or prohibit cookies at any time by changing the settings of your Internet browser (Internet ExplorerTM, FirefoxTM, SafariTM, Google ChromeTM, OperaTM, etc.). Please be aware that any change to your settings will likely modify your Internet browsing and your conditions of access to certain services requiring the use of cookies. As the configuration of each browser is different, please consult your browser's help menu.
6.2. Creating a digital account
Your registration and with it the creation of an account are necessary to be able to place an order and track it. In principle, you choose the personal data you provide to us. However, when registering, you will be required to at least provide your title, your first and last name, a valid e-mail address and password, the desired language of correspondence as well as your opinion about receiving our newsletter. An invoicing and delivery address must also be provided for all orders.
6.3. Indicating your bank details online
For data transmitted as part of an online payment (online payment option such as credit card or Twint), the payment is processed via the online payment system of the service provider concerned. In this case, the processing of personal data and payment data is carried out directly by the service provider of the payment system concerned. We do not access or store your payment data. We are only informed of the payment status, so that we can provide our services or activate the services you have subscribed to. The data protection provisions of the provider of the online payment system concerned shall apply.
6.4. Plugins and integration of third-party offers
Our Website is linked in various ways to third-party functions and systems (e.g. Facebook), including through the integration of third-party social network plugins. If you click on these plugins (e.g. by liking), a link can be made automatically and these third parties are able to measure and analyse your use of our Website, depending on the circumstances. In this context, other personal data, such as IP address, browser settings and other settings, may be transmitted to and stored with these third parties. We have no control over the use of the personal data collected by third parties and assume no responsibility in this regard. We invite you to read the information provided by these third parties regarding the data protection they offer.
7. Your rights regarding the processing of your data
You may rectify, deactivate access (block) or delete your personal data at any time, by sending a signed letter and proof of identity, in writing to the following address:
So Be Cosmetics SA/
Wella IO Switzerland SARL
Chemin Louis-Hubert 1
1213 Petit-Lancy (GE)
Switzerland
We will answer as soon as possible.
Please note that even after requesting the deletion of your personal data, it is possible that we may have to retain it under legal or contractual retention obligations (including for billing purposes) and that in this case access to your personal data will only be disabled to the extent necessary. The deletion or blocking of your personal data may mean that you will no longer be able to receive or use the services you have subscribed to.
8. Miscellaneous
If any provision of these GTC is found to be invalid, the remaining provisions shall remain valid and shall continue to be binding on the Parties. The Parties undertake to conduct negotiations in good faith with a view to replacing the provision which will be made null and void by a provision valid under Swiss law, and as close as possible to their initial intention.
The fact that a Party has not required compliance with or performance of any provision of these GTC shall in no way mean that such Party has waived the benefit of such provision, nor shall it have an affect on the validity - in whole or in part - of these GTC.
9. Applicable law and jurisdiction
These GTC are subject to Swiss law, excluding the rules of private international law.
Any dispute arising out of or in connection with these GTC shall be submitted exclusively to the jurisdiction of the Geneva courts (Switzerland). The right to appeal to the Federal Court is reserved.