1. Parties, Applicability of General Terms and Conditions
NUME-Lab Sarl, Grand Rue 92, 1820 Montreux, Switzerland (“NUME-Lab”) operates an online shop under the URL nume-lab.com (the “Shop”). In the Shop, NUME-Lab advertises and promotes its products, which consist of beauty products and cosmetics. The products advertised in the Shop are hereinafter referred to as “Products”.
These general terms and conditions (the “General Terms and Conditions”) govern any and all contractual relationships between NUME-Lab and the customer (“You” or the “Purchaser”) in connection with the sale and purchase of Products using the Shop.
2. Conclusion of Contract
2.1. Your offer
The Shop and the Product descriptions in the Shop constitute an invitation to potential purchasers to submit offers to NUME-Lab. Neither the Shop itself nor the Product descriptions contained therein legally constitute offers of NUME-Lab. By submitting an order to NUME-Lab using the Shop, you make an offer to purchase the Products you have previously placed in the shopping cart of the Shop (the “Ordered Products”) from NUME-Lab.
After placing Your order, You will receive an e-mail from NUME-Lab confirming receipt of Your order. This e-mail does not constitute an acceptance of the said offer.
2.2. NUME-Lab’s acceptance
NUME-Lab is free to accept or decline your offer. Should NUME-Lab decide to accept your offer, NUME-Lab shall send you a separate e-mail confirming the acceptance of your offer. As a rule, on business days, such confirmation e-mail will be sent within 24 hours from receipt of your order. A binding commitment incorporating these General Terms and Conditions regarding the Ordered Products (a “Purchase Agreement”) shall only be concluded once NUME-Lab confirms the acceptance of your order by e-mail. The version of the General Terms and Conditions which you have accepted during the checkout process shall form an integral part of the Purchase Agreement.
Should NUME-Lab decide to decline your offer, NUME-Lab shall communicate its decision to You by e-mail. In such case, NUME-Lab shall promptly reimburse any payments already received from you relating to the refused order.
2.3. Acceptance of orders from certain countries
NUME-Lab accepts orders only from purchasers located in certain countries (Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Bermuda, Bhutan, Bolivia, Bosnia and Herzegovina, Brazil, Brunei, Bulgaria, Burma (Myanmar), Cambodia, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Estonia, Faroe Islands, Finland, France, French Guiana, Georgia, Germany, Gibraltar, Greece, Greenland, Guernsey, Guyana, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Israel, Japan, Jersey, Jordan, Korea, Dem. Republic of, Kyrgyzstan, Laos, Latvia, Lebanon, Liechtenstein, Lithuania, Luxemburg, Macau, Macedonia, Malaysia, Maldives, Malta, Man Island, Mexico, Moldova, Monaco, Mongolia, Montenegro, Nepal, Netherlands, New Zealand, Norway, Oman, Pakistan, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Saudi Arabia, Serbia, Singapore, Slovakia, Slovenia, South Africa, South Korea, Sri Lanka, Sweden, Switzerland, Syria, Tajikistan, Thailand, Trinidad and Tobago, Turkey, Turkmenistan, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Uzbekistan, Venezuela, Vietnam). NUME-Lab reserves the right to add countries to the list of accepted countries or remove countries from this list at any time at its own discretion.
3. Shipping and delivery
Ordered Products generally are delivered to you within 3-10 business days from the acceptance of your offer and receipt of payment. The Ordered Products are shipped to the address you have entered when placing the order using a reputable parcel delivery service. Any availabilities and delivery times set out in the Shop are solely of an indicative nature and not binding on NUME-Lab.
Ordered Products should be stored at a temperature between 10°C and 25°C. NUME-Lab is in no position to grant any warranty as to temperature fluctuations during shipment.
4. Retention of Title
The Ordered Products shall remain the sole property of NUME-Lab until full and final payment has been received by NUME-Lab, whereupon title to the Ordered Products shall pass to you. NUME-Lab retains the right to enter this retention of title into any relevant public register if necessary.
5. Prices and Payment
5.1. Prices
All prices set out in the Shop are in Swiss Francs (CHF) and include Swiss VAT but exclude shipping.
Should you be domiciled in a country other than Switzerland, the Swiss VAT included in the prices will be deducted from the prices of the Ordered Products during the checkout process. You may have to pay local import taxes and/or VAT upon import – please see clause 5.4.
The prices posted in the Shop are subject to change without notice.
5.2. Erroneous prices
While NUME-Lab makes every effort to ensure that all prices in the Shop are correct at all times, errors sometimes do occur. If such an error in the price of an Ordered Product is discovered, NUME-Lab shall let you know of this as soon as possible. You will be given the option of reconfirming the order at the correct price or cancelling it. Should NUME-Lab be unable to contact you, the order shall be treated as cancelled.
5.3. Shipping and Handling
NUME-Lab offers free shipping on all orders.
5.4. Taxes and/or VAT for orders from abroad
You should note that the Ordered Products are sent from Switzerland or France. Orders from outside these countries may be subject to import taxes and/or VAT imposed by your country of residence. Such taxes and/or local VAT are not included in the prices set out in the Shop and paid by You.
5.5. Payment
NUME-Lab only accepts payments using credit cards. NUME-Lab only uses reputable payment providers. NUME-Lab will only use your credit card information to settle the current order and will not save your credit card information. The credit card interface will show You the cost of the order in Your currency.
6. Cancellation and Returns
6.1. Returns Policy
You have the right to return an Ordered Product if it is faulty (e.g. if the container is not sealed upon receipt, or if the Ordered Product is otherwise defective). In such case, please contact NUME-Lab using the following contact information – NUME-Lab will then arrange for the pickup and replacement of the defective Ordered Product at no cost to You:
NUME-Lab Sàrl
www.nume-lab.com
Grand Rue 92
1820 Montreux
Switzerland
Tel: +41 21 501 73 43
E-Mail: info@nume-lab.com
You may furthermore return any unopened Ordered Product within 14 days from receipt of the Ordered Products without having to specify any reasons. The cancellation of the order shall be notified to NUME-Lab in writing (i.e. by mail or e-mail) using the contact information set out above. In such case, You shall have to bear the ordinary costs of returning the Ordered Products. The right to cancel the order and return the Ordered Products however only relates to unopened Ordered Products. NUME-Lab cannot accept the return of any Ordered Products that have been opened (i.e. containers whose protective seal has been broken). This right does not limit any statutory rights of revocation You may have under local consumer protection law.
7. Warranty
NUME-Lab takes great pride in its Products and uses only premium ingredients and takes great care in the production of its Products. Should you anyhow receive a damaged or otherwise faulty Product, you shall have the right to request the replacement of said Product in accordance with clause 6.1 of these General Terms and Conditions. Should the replacement Product also be damaged or faulty, you may request another replacement Product or make an appropriate deduction from the price of the relevant Ordered Product which will result in a refund of a part of the payment you have already made.
NUME-Lab makes no further representations or warranties with respect to its Products, whether express or implied.
8. Liability
NUME-Lab shall be liable for damages to your health as far as such damages result from a negligent or intentional breach of duty by NUME-Lab, its representatives or auxiliary persons.
Furthermore, NUME-Lab shall be liable for any further damages that result from a grossly negligent or intentional breach of duty by NUME-Lab, its representatives or auxiliary persons.
All further liability of NUME-Lab is excluded. This exclusion of liability shall have no effect on any non-contractual liability resulting from applicable product safety laws.
9. Data Protection and privacy
NUME-Lab Sarl saves the following personal data you have entered in the checkout process or otherwise collected (“Data”) for a reasonable period of time: Name, first name, home address, delivery address, e-mail address, telephone number, and IP-address. NUME-Lab shall use your Data solely for the purposes of (i) fulfilling the Purchase Agreement and (ii) complying with statutory record retention obligations. You reserve the right to approve any marketing activities that may involve limited uses of the Data but may agree for NUME-Lab to use your Data for particular marketing purposes by clicking the relevant check box in the checkout process.
You have the right to request information about what Data NUME-Lab has saved with respect to you. You may also request that such Data is corrected or – once the Purchase Agreement has been fulfilled by both parties – deleted (the latter right is limited by NUME-Lab’s compliance with statutory record retention obligations however). Please address any such request to:
info@nume-lab.com
Except as provided in this provision, NUME-Lab shall not grant any third-party access to Your Data or make your Data public. As a Swiss corporation, NUME-Lab is subject to Swiss data protection law and is as such obligated to safeguard your Data.
10. Amendment of these general terms and conditions
NUME-Lab retains the right to amend these General Terms and Conditions at any time without notice.
Notwithstanding the foregoing, the version of these General Terms and Conditions accepted by you during the checkout process is the version applicable in the context of the specific Purchase Agreement concluded by NUME-Lab’s acceptance of your offer submitted during that checkout process.
11. Partial Invalidity
Should any provision of these General Terms and Conditions be or become invalid, such invalidity shall have no effect on the validity of the other provisions of these General Terms and Conditions. The invalid provision shall be deemed replaced with a valid provision that represents the economic value of the invalid provision as closely as possible.
12. Applicable Law and Venue
This Purchase Agreement shall be governed by Swiss law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The courts of Zurich, Switzerland shall have exclusive jurisdiction with respect to any disputes arising out of or in connection with this Purchase Agreement. Notwithstanding the foregoing, you may have the right to bring disputes before a court at your place of residence in accordance with the laws of your country of residence, and the foregoing choice of venue shall not be interpreted to limit such right.
