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MAGICLEAR / Terms and conditions of use

GENERAL CONDITIONS OF USE, SALE AND TRANSPORT
Last updated: February 20, 2017

Please read these conditions carefully before using BIOLOR’s services. By using them, you agree to be subject to these conditions.

CONDITIONS OF USE

1. INTELLECTUAL PROPERTY, COPYRIGHT, AND DATABASE PROTECTION

All the content present or made available through BIOLOR’s services, such as texts, graphics, logos, buttons, images, is the property of BIOLOR, its affiliated companies or its content suppliers and is protected by Swiss and international intellectual property, copyright and database protection law. The compilation of all the content present or made available through BIOLOR’s services is the exclusive property of BIOLOR and is protected by Swiss and international intellectual property and database protection law.

You must not systematically extract and/or reuse parts of the content of any BIOLOR Service without our express written permission. In particular, you must not use a data extraction robot, or any other similar data collection or extraction tool to extract (in one or more times), to reuse a substantial part of any BIOLOR service, without our express written consent. You must also not create and/or publish your own databases containing substantial parts (e.g. our prices and our product lists) of one of BIOLOR’s services without our express written consent.

2. REGISTERED TRADEMARKS

The graphics, logos, page headers, buttons, scripts and service names included or made available through a BIOLOR service are trademarks or visuals of BIOLOR. BIOLOR’s trademarks and visuals may not be used for products or services that do not belong to BIOLOR, or in any way that could cause confusion among customers, or in any way that disparages or discredits BIOLOR. All other trademarks that do not belong to BIOLOR and that appear on any of BIOLOR’s services are the property of their respective owners.

3. YOUR ACCOUNT

If you use any of BIOLOR’s services, you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and to the extent permitted by applicable law, you agree to be responsible for all activities that have been carried out from your account or with your password. You must take all necessary measures to ensure that your password remains confidential and secure, and must inform us immediately if you have reason to believe that your password is known to someone else, or if the password is being used or is likely to be used in an unauthorized way. You are responsible for the validity and completeness of the information you have provided to us, and must inform us of any changes to this information. You can access and modify your information, as well as your account settings, in the area of the website provided for this purpose.

We reserve the right to refuse access, close an account, remove or edit content if you are in violation of applicable laws, these Terms of Use or any other terms, conditions, guidelines or BIOLOR policy.

4. OUR RESPONSIBILITY

We will do our best to ensure the availability of BIOLOR’s services and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. In addition, your access to BIOLOR’s Services may occasionally be suspended or limited to allow repairs, maintenance, or add a new feature or service. We will endeavor to limit the frequency and duration of such suspensions or limitations.

5. APPLICABLE LAW

These general conditions of use are subject to Swiss law, and the application of the Vienna Convention on contracts for the international sale of goods is expressly excluded. You, like us, agree to submit all disputes arising from the commercial relationship existing between you and us to the exclusive jurisdiction of the jurisdiction of the Canton of Vaud in Switzerland, which means that for the application of these Terms of Use, you can bring an action to assert your consumer rights in Switzerland.

6. MODIFICATION OF THE SERVICE OR THE TERMS OF USE

We reserve the right to make changes to any BIOLOR service, our procedures, our terms and conditions, including these Terms of Use, at any time. You are subject to the terms and conditions, procedures and Conditions of Use in force at the time you use one of BIOLOR’s services. If a stipulation of these Terms of Use is deemed invalid, void, or unenforceable, for whatever reason, this stipulation will be deemed divisible and will not affect the validity and enforceability of the remaining stipulations.

7. RENONCIATION

If you violate these Terms of Use and we do not take any action, we would still be entitled to use our rights and remedies in all other situations where you violate these Terms of Use.

8. OUR CONTACT DETAILS

This website is owned and managed by BIOLOR SARL, Cours de Rive 2, 1204 Geneva, Switzerland.

SALE CONDITIONS

These Conditions of Sale govern the sale of products between BIOLOR SARL and you.

Thank you for reading these conditions carefully before placing an order with BIOLOR SARL. By ordering from BIOLOR SARL, you notify us of your agreement to be subject to these conditions.

1. OUR CONTRACT

After placing your order, we will send you an e-mail confirming it. We inform you of the shipment of your articles.

Nevertheless, you have the possibility to modify your order until the date of dispatch of your articles.

Please note that we sell products only in quantities corresponding to the usual average needs of a household. This applies both to the number of products ordered in a single order and to the number of individual orders respecting the usual quantity of a normal household placed for the same product.

2. RETURNS

Within 7 days of receipt of your order, you can return to us, at your expense, any product in its original packaging. The amount paid for this or these products will be refunded to you.

For hygiene reasons, started cosmetic products will not be returned or refunded.

Product returns should be addressed to BIOLOR SARL, Avenue des Baumettes 17, 1020 Renens, Switzerland.

3. PRICE AND AVAILABILITY

All prices are indicated with Swiss VAT which will be deducted when shipping abroad.

During the processing of your order, we will inform you by e-mail as soon as possible if any products that you have ordered prove to be unavailable, and we will not invoice you for these products.

Despite all our efforts, a small number of the products present in our catalog may display an error on the price. We will check the price at the time of processing your order and before any payment. If it turns out that we have made a mistake in displaying the price, and that the actual price is higher than the price displayed on the website, we may contact you to ask if you want to buy the product at its real price or if you prefer to cancel your order. If the actual price is lower than the displayed price, we will charge you the lower amount and send you the product.

4. CUSTOMS

When ordering products for delivery outside Switzerland and the Principality of Liechtenstein, you may be subject to import duties and taxes, which are collected when the package arrives at its destination. Any customs clearance costs will be at your expense, we have no control over these fees. Customs policies vary greatly from country to country, so you should contact the local customs department for more information. In addition, please note that when you place an order on Magiclear.ch , you are considered the official importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your privacy is important to us and we draw the attention of our international customers to the fact that cross-border deliveries may be opened and inspected by the customs authorities. For more information, see the customs information of the country concerned.

5. OUR RESPONSIBILITY

You benefit from the provisions of the legal guarantee of non-conformity and hidden defects.

With the exception of deliveries to Switzerland and Liechtenstein, we decline all responsibility in the event that the delivered item does not comply with the legislation of the country of delivery.

We are committed to providing all the care used in the profession for the implementation of the service offered to the customer. Nevertheless, our liability cannot be retained in the event of a delay or breach of our contractual obligations if the delay or breach is due to a cause beyond our control: fortuitous event or force majeure as defined by applicable law.

Our responsibility will not be engaged in case of minor differences between the delivered products and the presentation photos of the articles and the texts displayed on Magiclear.ch .

We implement all the means at our disposal to ensure the services that are the subject of these Terms of Sale. We are liable for any direct and foreseeable damage at the time of using the website or at the conclusion of the sales contract between us and you.

The limitation of liability referred to above is inapplicable in the event of fraud or gross negligence on our part, in the event of bodily injury or liability due to defective products and in the event of non-conformity (including due to hidden defects).

6. APPLICABLE LAW

These general conditions of use are subject to Swiss law, and the application of the Vienna Convention on contracts for the international sale of goods is expressly excluded. You, like us, agree to submit all disputes arising from the commercial relationship existing between you and us to the exclusive jurisdiction of the jurisdiction of the Canton of Vaud in Switzerland, which means that for the application of these Terms of Use, you can bring an action to assert your consumer rights in Switzerland.

7. MODIFICATION OF THE SERVICE OR THE TERMS OF USE

We reserve the right to make changes to our website, our procedures, and to our terms and conditions, including these Terms of Sale at any time. You are subject to the terms and conditions, procedures and Conditions of Sale in force at the time you order a product, unless a change to these terms and conditions, or these Conditions of Sale is required by an administrative or governmental authority (in this case, this modification may apply to previous orders that you have made). If a stipulation of these Conditions of Sale is deemed invalid, null or unenforceable, whatever the reason, this stipulation will be deemed divisible and will not affect the validity and effectiveness of the remaining stipulations.

8. RENONCIATION

If you violate these Terms of Use and we do not take any action, we would still be entitled to use our rights and remedies in all other situations where you violate these Terms of Use.

12. IDENTIFICATION

This website is owned and managed by BIOLOR SARL, Cours de Rive 2, 1204 Geneva, Switzerland.

TRANSPORT CONDITIONS

We send the parcels by the Swiss post “Priority”, in general within 3 working days after receipt of the order.

You will receive a confirmation email with the postal tracking number.

If you have any questions, please contact us.

E-mail : info@magiclear.swiss

Phone : +41 21 671 81 00