1- Subject matter and acceptance of the general terms and conditions
The OPI Switzerland site (hereinafter referred to as the “Site”) is an electronic commerce site accessible at the address www.opiswiss.ch. It is open to any user of this network (hereinafter referred to as the “User”). It is edited by the business enterprise So Be Cosmetics SA, which is entered on the trade register of Geneva under the number CHE-276.012.887and has its registered office at rue Ferdinand-Hodler 13, c/o SOFIREGE & ASSOCIES SA, 1207 Geneva, Switzerland (hereinafter referred to as “So Be Cosmetics”).
VAT no.: CHE-101.273.245
E-mail address: firstname.lastname@example.org
Customer service contact address:
So Be Cosmetics SA/
Wella IO Switzerland SARL
Chemin Louis-Hubert 1
1213 Petit-Lancy (GE)
Customer service telephone number: +41 58 944 4000
The Site enables So Be Cosmetics to offer for sale cosmetic products (“Products”) to Users browsing on the Site for their personal use. For the application of these presents, it is agreed that the User and So Be Cosmetics will be referred to collectively as the “Parties” and individually as “Party” and that a User who has confirmed an order will then be referred to as the “Purchaser”.
The rights and obligations of the User apply necessarily to the Purchaser. Any order for a Product offered on the Site implies and assumes the express agreement to the TCS by means of the User ticking, during the order process, the box provided to that end.
This version of the TCS is version 1.0. It applies to any order placed through the Site with effect from September 1st, 2022.
So Be Cosmetics reserves the right to amend these TCS at any time, without advance notice, on the understanding that such amendments will not apply to orders placed previously by the Purchaser. Such previous orders will still be governed by the version of the TCS in effect at the time of placing the order.
The TCS as well as the provisions of the ”General terms and conditions of use” (and policy as regards confidentiality which is incorporated into them) which are shown on the Site apply to the exclusion of any other document.
2- Products marketed on www.opiswiss.ch
All the Product ranges offered on the Site are limited to Switzerland, that is to say to a Purchaser and a place of delivery situated on Swiss territory. The Purchaser may, prior to placing his/her order, acquaint him/herself, on the Site, with the essential characteristics of the Product or Products that he/she wishes to order, it being specified that the images and graphic representations are provided for illustration purposes only and cannot be regarded as giving rise to any form of guarantee whatsoever in relation to the representation of said Product. The purchase offers including promotional offers are valid for as long as advertised on the Site.
3 – Personal use
The Products offered for sale on So Be Cosmetics are offered only for Users wishing to place an order for their personal use. Any commercial exploitation of the Products ordered or exploitation for the purposes of resale is excluded and expressly prohibited.
By placing an order on the Site, the User therefore undertakes and guarantees that his/her order is being placed for the purposes of his/her personal use, in accordance with this paragraph.
Any breach of said undertaking and of the limits provided for in paragraph 5 below is liable to result in the immediate cancellation of any order and the suspension or even cancellation and deletion of your account.
The amount of the order placed will then be deemed to be the amount of the penalty clause applicable in the event of breach of this undertaking and will not be refunded. You undertake, in addition, to compensate So Be Cosmetics for any damage, loss or detriment and costs that could arise for it from the breach of this undertaking.
The prices shown on this Site are given in CHF including VAT. They are subject to change over the course of the year, on the understanding that the ordered Products are invoiced at the prices shown on the Site when the order is placed by the User. These prices do not, however, include the postage and packing costs, which are invoiced in addition to the price of the ordered Products according to the amount of the order. The postage and packing costs will be given before the Purchaser books the order.
Any order assumes and implies the agreement, unconditionally and unreservedly, to the TCS by means of the User ticking, during the course of the ordering process, the box provided to that end. The Purchaser accepts that the order booking systems of So Be Cosmetics serve as proof of the formal conclusion of the contract between the Parties and of its date of conclusion.
The amount of each order is limited to the sum of CHF 2000 per order and the same User cannot place more than 3 orders a week or 6 a month respectively. Moreover, the same product reference cannot be ordered for a quantity of more than 6 items per order. For an order for the same product reference of more than 6 articles per order or the aforementioned limits, the Purchaser can contact the customer service department using the contact form.
When the order is confirmed by clicking on the button "I confirm my order", the Purchaser declares that he/she agrees to the order as well as to the TCS in effect at that time.
Confirmation of the order does not yet constitute conclusion of the contract. As soon as the order is booked by So Be Cosmetics, a detailed acknowledgement of receipt of the order will be sent to the Purchaser, to the e-mail address that he/she will have given. This acknowledgement of receipt will specify the exact amount invoiced and the order delivery terms and methods. That acknowledgement of receipt constitutes acceptance of the order by So Be Cosmetics and will confirm the transaction subject to payment for the order and to the availability of the Products.
In the event of one or more Products being unavailable after the order is placed, the Purchaser will be notified by e-mail. The amount of the order will be recalculated and So Be Cosmetics will refund, to the Purchaser, the amount of the missing products within a period of 10 days, to the credit card used when ordering. If the whole of the Purchaser’s order is unavailable, he/she will be notified by e-mail and refunded within a period of 10 days to the credit card used when ordering.
The Purchaser may cancel an order placed on the Site by contacting the customer service using the contact form as long as the order has not yet been processed.
However, So Be Cosmetics reserves the right to suspend or cancel any order from a Purchaser with whom there might be a dispute relating to the payment of a previous order or for any other legitimate reason due, notably, to the abnormal nature of the order, in particular in breach of the limits laid down in this paragraph.
All orders are payable in CHF.
The Purchaser may pay for his order using one of the following methods of payment: bank card and Twint. The following bank cards are accepted on the Site: Visa and Mastercard.
The Purchaser guarantees to So Be Cosmetics that he/she has any authorisations that may be necessary in order to use the method of payment that he/she will have chosen when ordering.
So Be Cosmetics reserves the right to suspend or cancel any order and/or delivery, regardless of the nature and level of fulfilment thereof in the event of non-payment of any sum that may be owed by the Purchaser or in the event of a payment hitch.
In the context of the fight against Internet fraud (cybercrime), the information relating to any order from the Purchaser may be passed on to any competent authority for verification.
7- Delivery of orders
The products will be delivered to the address given by the Purchaser when placing his/her order, according to the method of delivery chosen from among the methods described on the page Dispatch / Delivery. The delivery will take place, in principle, within a period of 1 to 3 working days (actual period depending on Swiss Post) with effect from the date on which So Be Cosmetics sends the acknowledgement of receipt serving as acceptance of the order.
8- Legal guarantee
The Purchaser benefits from the guaranties provided for in articles 197ff. of the Swiss Code of Obligations.
The Purchaser undertakes to examine the ordered Products as soon as he/she receives them and to inform So Be Cosmetics of any fault or defect that may be noted, such as, for example: error in terms of the quantity or type of Products delivered or a damaged Product. Where such faults or defects exist, the Purchaser is entitled to return the affected Products received to So Be Cosmetics and to obtain a refund for them within a period of five (5) days with effect from the date of receiving them. In those cases, the return costs will be refunded by So Be Cosmetics to the Purchaser within a period of ten (10) to the credit card used to place the order.
In the particular cases of impaired texture or colour or of an allergy, the Purchaser should contact the customer service of So Be Cosmetics beforehand using the contact form, within a period of five (5) days with effect from the date of receiving them. The Purchaser will then be notified of a specific returns procedure.
In the case of a parcel damaged during transport resulting in damage to the Products, the Purchaser undertakes to inform So Be Cosmetics thereof within a period of three (3) days of receiving it by sending a photograph of that parcel using the contact form to enable the compensation follow-up to be carried out by So Be Cosmetics with Swiss Post.
For any other complaint, the Purchaser can contact the customer service of So Be Cosmetics using the contact form.
9- Instructions for returning Products
The returned Products must be intact, in their original condition, in their packaging, with all their accessories and instructions. The returned Products must not have been either opened or used. Should a presentation box or a set have to be returned, it is imperative for the whole of that presentation box or of that set to be sent.
Whatever the reason for returning the Products to So Be Cosmetics, the Purchaser must follow the following instructions:
So Be Cosmetics S.A – Return D2C
Ecoparc de Daval A, 3
3960 Sierre (VS)
The Purchaser assumes responsibility for any risk connected with returning the Product.
So Be Cosmetics cannot be held liable for non-performance of the contract in the event of stock outage, unavailability of the Product, an error made by Swiss Post in the context of sending the order or else resulting from a case of force majeure.
So Be Cosmetics cannot accept any liability:
11- Intellectual property
All the rights to the Site and its content, whether pertaining to trademarks, drawings, models, and any copyright relating to them applying, for example, to photographs, texts, illustrations, logos, sequences whether animated or otherwise, sound or otherwise, graphics, etc., are the exclusive property of the OPI trademark. OPI does not grant any licence or any other right to the Users other than that of consulting the Site for the purposes of ordering Products.
12- Personal data
The information gathered undergoes computer processing intended for the management of the Purchaser’s order and for other purposes described under the section “General terms and conditions of use”.
The intended recipients of the data are So Be Cosmetics and its providers, suppliers and contractors.
The Purchaser has a right to access, to rectification of, to object to and to erasure of the data concerning him/her with respect to So Be Cosmetics, using the Site contact form.
Sales of products from So Be Cosmetics are subject to Swiss substantive law, to the exclusion of the Swiss Federal Act on Private International Law.
Any dispute arising directly or indirectly from the TCS will be referred (i) to the competent Court of the domicile of the Purchaser if the action is brought by So Be Cosmetics against the Purchaser, or (ii) according to the Purchaser’s choice, to the competent Court of his/her domicile or to the Court of First Instance of the Republic and Canton of Geneva respectively if the action is brought by the Purchaser against So Be Cosmetics.