General terms and conditions

1. General

These General Terms of Business apply to our contracts, deliveries and other services of the company SC-International AG (also referred to as "SCI") with all clients (private clients, end clients, cosmeticians, etc.). Any deviations from these conditions require the express written consent of the company SCI. SCI is entitled to amend or supplement these Terms of Business. These GTB enter into force on 1 January 2020. They replace all GTB of the company SCI which were valid before this date.

2. Offer

Our offers are non-binding. Contracts and orders are only binding for us if we confirm them or comply with them by dispatching the merchandise. Oral agreements apply only if we confirm them in writing. When using the delivered goods, third-party proprietary rights must be observed. Typographical differences and technical changes are possible.

3. Prices

Calculation is always based on the prices valid on the day of delivery. If these are higher than at contract conclusion, Client is entitled within 8 days after notification of the price increase to withdraw from the contract regarding the quantities not yet accepted. The prices are given in Swiss francs and do not include VAT. Prices are subject to change. If "carriage paid home" delivery has been agreed, the prices named by us are based on the shipping costs and additional charges valid at the time of offer. If the shipping costs and additional charges change, our delivery prices will be adjusted accordingly, to Seller's benefit or detriment, without giving Buyer the right to withdraw.

4. Payment conditions

Devices and basic material equipment are to be paid for in advance. Orders will be settled with payment in advance. After consulting with us, the invoices can be paid without deduction within 14 days from the invoice date free of postage and charges. If payment is late, 10% p.a. is agreed as default interest, and CHF 10.00 (as from the 3rd reminder CHF 20.00) will be charged for reminder fees.

5. Delivery

The flat shipping rate amounts to CHF 12.00 for Switzerland. For orders over CHF 400.00 net, no shipping costs will be invoiced. For deliveries using Swiss Express «Mond» (48h service within Switzerland), the flat shipping rate will be CHF 20.00. No shipping costs will be incurred for the first order or follow-up deliveries. Loading and shipping are not insured, and will be at the recipient's own risk. Otherwise, the GTB of Die Post www.swisspost.ch apply. Our obligation to deliver will be suspended as long as Buyer is in arrears with outstanding liabilities. If an agreed delivery period is culpably exceeded, delivery is deemed late only after setting a reasonable grace period.

6. Training courses

A course reservation is not considered binding until we have received a deposit of 50% of the total training, course, event, or lecture fee. Until the deposit is received, there is no entitlement to a reserved spot in the course. The remaining 50% of the course fee must be paid in full no later than 30 days before the course begins. If payment is not made by the due date, we cannot guarantee participation in the course and reserve the right to assign the reserved spot to another participant.

A proper written cancellation is possible no later than 30 days before the course begins in the event of illness or accident. In this case, a corresponding medical certificate must be submitted. If cancellation is made by the deadline, the portion of the course, event, or lecture fee already paid will be credited to the customer’s account. The credit may be used to participate in another training session or for the next available date of the originally booked course. The credit will not be paid out in cash or refunded via bank transfer.

If a participant fails to attend a booked course or cancels 29 days or fewer before the course begins, there is generally no entitlement to a refund or credit for the deposit. This also applies in the event of illness or accident. The resulting costs or financial risk must be borne by the participant and, if necessary, covered by appropriate cancellation or course insurance.

7. Warranty

All information about the suitability, processing and utilization of our products, all technical advice, and other information is given to the best of our knowledge, but does not relieve Buyer of their responsibility to conduct their own examinations and tests. When Buyer receives the delivered goods, they shall immediately inspect them for defective quality or functionality – including by performing a reasonable sample test –failing which the goods will be deemed accepted. Objections will be considered only if they are made in writing with enclosure of supporting documents within eight days after receiving the goods – if the defects are hidden, after their discovery – but at the latest six months after the goods have been received. Disputed goods may be returned only with our express consent. Our warranty obligation is limited at our discretion to replacement delivery, rescission, reduction in price, or improvement. For rechargeable batteries and accumulators, the warranty period is six (6) months from delivery. Batteries are considered consumable items. Warranty applies exclusively to proven manufacturing or material defects. In particular, natural capacity loss and wear resulting from use, charging cycles, storage, or improper handling are expressly excluded from warranty coverage.

8. Guarantee

SCI offers a 2-year guarantee for all devices. If products must be repaired after their guarantee has expired, Client shall bear the costs. During the repair process, SCI shall provide Client with a replacement device or hand piece if one is available. Client shall return this replacement device or hand piece to SCI once they receive the repaired product. If a replacement device or hand piece is damaged or not returned, Client shall compensate for damages. In instances of force majeure (which include circumstances and events that could not have been prevented even if exercising the diligence expected of proper business management), the Parties' contractual obligations are suspended for the duration of the disruption and the scope of its effect. If the resulting delays exceed a period of six weeks, both Contracting Parties are entitled to withdraw from the contract regarding the scope of performance affected. The Parties are not entitled to any other claims.

9. Compensation for damages

To the extent permitted by law, our obligation to compensate for damages, irrespective of legal grounds, is limited to the invoice value of our quantity of goods directly involved in the damage-causing event. This does not apply if we are fully liable due to our deliberate or gross negligence according to mandatory statutory provisions. Buyers acknowledge that the use of certain Swiss Color devices and handpieces requires specific hygiene cartridges. The availability of these hygiene cartridges may vary depending on the manufacturer and market conditions. SC Cosmetics Handels GmbH assumes no responsibility for any difficulties or inconveniences arising from the unavailability of consumables. In the case of events, Swiss Color as the organizer reserves the right to replace announced speakers with equivalent speakers or program items if they are unable to attend - even at short notice. In this case, there is no entitlement to a price reduction or refund.

10. Retention of title

Until the goods have been fully paid, they will remain the property of SCI. If payment is late, we are entitled to withdraw from the purchase contract. Buyer shall inform us immediately with a registered letter of any third-party access to the goods and receivables belonging to us. Exercising retention of title will not be deemed withdrawal from the contract. Until our claims have been fully paid, the goods and the claims that replace them must not be pawned, transferred for security or otherwise ceded to third parties.

11. Data protection

We shall treat your data as confidential, in compliance with the Swiss Data Protection Act (DSG), and shall not forward it to third parties without your consent.

12. Place of performance and place of jurisdiction

The place of performance for delivery is the respective dispatching location of the goods. Swiss law is agreed. For all legal disputes arising from the contractual relationship, BG St. Gallen is agreed as the place of jurisdiction.