General Terms and Conditions of Sale
By placing an order for a product on our site, the Customer acknowledges having read the present General Terms of Sale and having accepted them without restriction.
The present General Conditions of Sale apply to all orders placed on the Site www.pioupiou-cosmetics.ch (hereinafter referred to as "Site"). The brand Pioupiou Cosmetics is a registered trademark of the company Labogo GmbH.
The present General Conditions of Sale are concluded on the one hand between :
Labogo GmbH with registered office at Fadenstrasse 9, 6300 Zug, Switzerland, registered in the Commercial Register under number CHE-277.264.960 (hereinafter referred to as "the Company").
On the other hand,
By any person or entity wishing to make a purchase via the website www.pioupiou-cosmetics.ch (hereinafter referred to as "the Customer").
These General Terms and Conditions of Sale ("GTCS") govern the contractual relationship between Labogo GmbH and the Customer in connection with the sale of products through its website. Both parties accept these Terms and Conditions without reservation and they shall prevail over any other conditions contained in any other document.
The Company reserves the right to modify these GTC at any time, in particular in order to comply with any changes in regulations. Except in the case of mandatory legal provisions, these modifications will have no impact on current contracts.
The products offered for sale by the Company are those listed on this Site, on the day the user consults the Site, and within the limits of available stocks. The Company reserves the right to withdraw from sale, at any time and without notice, any product present on the Site and/or to replace or modify any information associated with the products appearing on this Site.
In case of unavailability of a product, after placing the order, the Customer will be informed as soon as possible by email, the order being then automatically cancelled.
The photographs illustrating the products are intended to be as faithful as possible to the products sold and cannot have any contractual value.
The Company may occasionally propose certain offers, including boxes containing an assortment of Products. In this case, the Company reserves the right to modify the assortment of Products concerned, in particular according to constraints linked to its suppliers.
In order to be able to order on this Site, the Customer must meet the following conditions:
- Be a natural person
- Be of legal age on the day of the order
- Have full legal capacity
The validation of the order by the Customer confirms the acceptance of the GTC, the content of the order, its price and the associated costs.
All orders are subject to prior acceptance by the Company and are only definitively confirmed after the Customer has received an order and shipping confirmation email.
The Company reserves the right to cancel any order from a Customer with whom there is a dispute over payment of a previous order.
The information provided by the Customer when placing an order is binding on the Customer: in the event of an error in the recipient's contact details, the Company shall not be held responsible for the impossibility of delivering the product.
Prices are quoted in your local currency depending on your location. Nevertheless, all our prices are based in Euros (€) and will be invoiced according to the currency rate at the time of the order. These prices are inclusive of all taxes (TTC) and take into account the VAT applicable on the day of the order.
The prices displayed do not include the participation in the delivery costs (postage, packaging and preparation of the package according to the amounts in force). The amount of shipping costs is specified on the Site before validation of the order.
The Company reserves the right to change the price of its products at any time and without notice. These changes will not affect orders that have been accepted prior to the implementation of these changes, subject to the availability of the products ordered.
Concerning sales outside Switzerland and the European Union, it is reminded that customs clearance fees, the payment of various duties or taxes are the responsibility of the Customer.
Payments are made online immediately with the following solutions:
- Credit card: The Customer may pay for his order by credit card. The credit card payment system on the Site is entirely secure thanks to the [Stripe] platform.
- PAYPAL: You will be able to make your payment thanks to this secure system which makes the link between our site and our bank, without your banking data passing on our site.
- TWINT: You will be able to make your payment through this secure system via the smartphone application for Swiss residents only.
Important: The Company does not have access to confidential information related to the payment method. The information entered is encrypted and transmitted securely without any third party having access to it.
Upon receipt of payment, the order will be processed as soon as possible. We take great care in the preparation of our orders.
The delivery of the articles in stock is carried out with the address indicated by the Customer at the time of his order. The Customer is informed that it is up to him to provide the necessary details for the good progress of his order. If the delivery address given by the Customer is not valid and leads to a return of the parcel for non-receipt at the address indicated, the costs of resending the parcel to the new address given will be charged to the Customer.
Depending on the size and weight of the merchandise, the shipment will be made by mail or via a carrier, within 2 to 10 business days. Delivery costs and times will be specified on the Site, including all taxes, during the Order process and must be accepted by the Customer at the time of validation of the Order.
The Company declines any responsibility in case of loss of the ordered products or strike because of the postal services or other carriers. In case of delay in delivery, the Customer must report this delay as soon as possible by contacting the customer service at the following address firstname.lastname@example.org
Upon receipt of the ordered Products, the Customer must check the conformity of the Products. Any anomaly concerning the delivery (missing or broken Product, damaged parcel, ...) must be reported by the Customer on the receipt presented to him by the carrier at the time of delivery of the parcel and must imperatively be notified, on the day of receipt or at the latest on the first working day following receipt, by e-mail addressed to email@example.com. Any claim made after this period will be rejected and the Company will be released from any responsibility.
The Company shall not be liable for the proper performance of the carrier's obligations insofar as the non-performance or improper performance of its own obligations to the Customer is attributable to the latter or to an unforeseeable and insurmountable act of a third party to the distance selling contract concluded with the latter or to a case of force majeure (cf. art. L.121-20-3 of the French Consumer Code).
- Exchanges and feedback
In accordance with the legislation in force, the Customer has a period of 14 days (from the date of receipt) to request an exchange or refund of the order. We remind you that the return costs of the Products are at the charge of the buyer.
Products must be returned in perfect condition for resale, in their original state (packaging, accessories, instructions...), unused, duly sealed, and accompanied by the invoice or delivery note. We can only accept returns and refund orders placed on the Site.
Important : The Company reserves the right to waive the Customer's right of withdrawal for items returned unsealed for health and safety reasons.
To make a return, the Customer must:
- Make a return request to our customer service at the following address firstname.lastname@example.org within 14 days. No return will be accepted without the service having been contacted beforehand and a return agreement having been formulated.
- Include the product(s) in its/their original packaging, unopened and undamaged, the number of the order concerned by the return, as well as a request for exchange or refund.
When a Client returns Products, any risk associated with the return of the Products is borne by the Client. If the above conditions are met, the Company will exchange the Products or refund the Customer, within thirty (30) calendar days, the sums corresponding to the Products acquired by the Customer. Once the return has been validated, you will receive the refund by the same means as the payment in the case of a refund request.
If the Customer fails to comply with these conditions, in particular the conditions of return or exchange, the Company will not be able to reimburse the products concerned.
The products sold by the Company comply with the European regulation n°1223/2009 in force. The liability of Labogo GmbH is systematically limited to the value of the product in question, value at its date of sale and this without possibility of recourse against the brand or the company producing the product. The liability of the Company and the warranty are excluded in the event of defects arising from the use of the product by the Customer and in particular from use not in accordance with the intended purpose of the product.
In accordance with the legal provisions in force, the Customer benefits from the legal guarantee of conformity against the defects of conformity existing at the time of the delivery and from the legal guarantee against the defects or hidden defects of the sold products. The Customer must notify the carrier and the Company of any reservations about the products delivered. Any claim on the products, in particular in case of defective, damaged, non-conforming or apparent defect, must be notified by the Client to the Company without delay by e-mail to the coordinates appearing on the Site, specifying the product(s) concerned, the nature and the type of defect. It is the Client's responsibility to provide all evidence of the reality of the defect found. The Company may request one or more photos of the product. In the event of a return accepted by the Company, in particular in the event of a lack of conformity, the Client shall have the choice between a refund or the replacement of the product by an equivalent product offered on the Site.
The Company shall not be held liable in the event of failure to meet any of its contractual obligations resulting from an act of God or force majeure.
Likewise, the Company cannot be held responsible for damages of any kind, whether material or immaterial or bodily, that may result from the malfunction or misuse of the products marketed. The Company's liability shall, in any event, be limited to the amount of the order.
The Company reserves the right to modify the information on the Site at any time and without notice.
The Company undertakes to describe the products marketed on the Site as accurately as possible and to ensure that the information published on the Site is updated in the best possible conditions. However, the Company cannot guarantee the accuracy, precision or completeness of the information made available to Customers on the Site. In case of non-substantial differences between the presentation photos of the products on the Site, texts and illustrations and the ordered products, the Company cannot be held responsible.
11.1. Intellectual property
The brand Pioupiou Cosmetics is protected by the Intellectual Property Law. Each of the elements which compose it such as the site, the name, the logo, the graphics, the photographs, the images, the texts are the exclusive property of Labogo GmbH, only entitled to use the royalties and the intellectual property. Any unauthorized reproduction, copying or imitation is strictly prohibited.
11.2. Extended Producer Responsibility
In France, Article 62 of the "anti-waste for the circular economy" law (AGEC law) adopted on February 10, 2020 provides for the implementation of a unique identifier for all companies or entities subject to the principles of Extended Producer Responsibility (EPR). As of January 1, 2022, you will have to have a unique identifier generated by the Agency for Ecological Transition (ADEME).
Labogo GmbH, registered in the Commercial Register under the number CHE-277.264.960, has been given the unique identifier: FR249282_01GJYU, generated by the Agency for Ecological Transition (ADEME).
11.3 Applicable Law and Jurisdiction
These GTC are governed by Swiss law. This applies to both substantive and formal rules, notwithstanding the place of performance of the substantive or ancillary obligations.