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T&Cs
Guiding Principles
Mycurls.ch makes every effort to supply its customers only with the highestquality products from reputable manufacturers. Our priority is the satisfaction of our customers, and our goal is to provide our customers with excellent service at an extraordinary price.
1. Scope of application
These Terms & Conditions (T&Cs) apply to all orders which are submitted by individuals domiciled in Switzerland or the principality of Liechtenstein, via the online shop mycurls.ch, Hirtenhofstrasse 25A, 6005 Luzern. kontakt@mycurls.ch, www.mycurls.ch (hereinafter referred to as Mycurls.ch). Mycurls.ch provides all services exclusively on the basis of these Terms and
Conditions. By submitting an order, the customer expressly consents to these T&Cs. These form an integral part of the contract between the customer and Mycurls.ch.
2. Information on the website/offer/prices
2.1 Mycurls.ch strives to provide the most complete and accurate product information (e.g. ingredients, weight, packaging image, product properties, etc.). The information at www.Mycurls.ch is taken, in part, directly from the manufacturers, and is compiled in a structured and customer-friendly way by Mycurls.ch for the customers. Customers are advised in any case to consult the specific information on the package leaflet or the product information on the website of the product’s manufacturer. The latter take precedence over the information given by Mycurls.ch.
2.2 All information at www.mycurls.ch is without engagement, and any form of liability is rejected. Mycurls.ch also excludes in particular, within the framework of statutory regulations, any form of engagement and liability for how correct, complete and up-to-date the information is.
2.3 We reserve the right to make changes to the prices and to the range at any time. Images of all products and illustrations are not colour-binding, and can deviate from the original. Technical drawings of delivered products can deviate from the drawings of the manufacturer, or other information listed on the Internet.
2.4 The current prices are published on the Internet at www.Mycurls.ch.
2.5 The prices are mutually binding at the point of order. If mistakes or errors have been made with the stated price, Mycurls.ch reserves the right to make subsequent price changes. In this case, the customer shall be informed and is not obligated to take receipt of the products affected by the price change.
2.6 All prices are stated in Swiss francs (CHF), and include statutory VAT if not otherwise stated.
2.7 In addition to the stated prices, shipping costs which are expressly stated on the article webpage shall be incurred, depending on the type of shipping (A-Post or B-Post tariffs).
2.8 Upwards of an order value of CHF 90, after the deduction of discounts and special offers, the shipping costs shall be borne by Mycurls.ch.
3. Order / Delivery
3.1 An order shall become binding for the customer when they click on the button ‘Zahlungspflichtig bestellen’ (‘Submit binding order’) to confirm their order on the webpage on which the complete overview of the order is displayed, at the end of the order process.
3.2 The customer shall then receive without delay a corresponding confirmation of receipt email from Mycurls.ch after placing the order, which is sent to the email address specified by the customer. Up until the point in time when an order is shipped, Mycurls.ch reserves the right, in a separate email to the customer, to reject the order or to reduce the order amount, through which no contract is created between the customer and Mycurls.ch, respectively a contract governing the reduced order amount. Unless of course, the customer informs Mycurls.ch without delay that they have no interest in receiving a reduced order amount.
3.3 In particular, Mycurls.ch reserves the right to reject an order if a legal dispute exists with the customer, in particular in connection with a failure to make payments for previously existing orders with Mycurls.ch, or whether other invoices due for payment by the same person or another person living within the same household remain open.
3.4 The complete and correct statement of delivery address remains the responsibility of the customer. If an error in the delivery address is made by the customer and, under the circumstances, a delivery is not possible, Mycurls.ch may entirely abandon the delivery of the product without the possibility of a claim being made for a replacement or for damages.
3.5 Mycurls.ch delivers merchandise and vouchers exclusively in Switzerland and in the principality of Liechtenstein.
4. Delivery and delivery deadline
4.1 Mycurls.ch has at its disposal a large warehouse of products. The shipping policy envisages that Mycurls.ch issues the products for shipping on the day after of receipt of payment, respectively upon receipt of confirmation of payment.
4.2 With merchandise which cannot be delivered from the warehouse, the time of shipping can be further delayed, depending on the manufacturer.
4.3 Mycurls.ch can only be held liable for delays in delivery and the resulting consequences, insofar as these were caused by the grossly negligent or deliberate breach of contract by Mycurls.ch. For all other delays in delivery and the resulting consequences, including delays due to the Postal Service, suppliers to Mycurls.ch or third parties, Mycurls.ch shall accept no liability.
4.4 Mycurls does not deliver mailbox wax and does not deliver any goods to minors or persons with assistance/guardianship without the written consent of the legal representative.
5. Products delivered in error
Articles delivered in error or in too large a quantity are to be returned immediately in their original packaging, at the latest within 7 days. All articles not returned within this deadline will be invoiced. The costs incurred for the return of merchandise shipped in error shall be borne by Mycurls.ch. The costs of return will be reimbursed to the customer beforehand by bank transfer.
6. Vouchers
A maximum of one voucher can be redeemed per order. At the end of the order process, the voucher code is entered into the designated field. The corresponding amount is then deducted directly from the current order.
Vouchers which exceed the order amount cannot be reimbursed.
Discounts received from redeeming bonus points cannot be combined with gift vouchers. The conditions listed at www.haatprodukte.ch/en/bonus-programme shall apply.
7. Shipping costs
The customer has the choice, when completing an order, between a shipment by A-Post or B-Post tariff. The shipping costs borne by the customer per delivery including VAT amount to CHF 9.00 for the B-Post tariff (PostPac Economy), CHF 11.00 for the A-Post tariff (PostPac Priority).
8. Warranty and liability disclaimer
8.1 Mycurls.ch guarantees that the products are free from damage at the point in time of shipping. Products which were damaged during shipping shall be repaired or replaced at the discretion of Mycurls.ch, insofar as the customer informs Mycurls.ch by email within 7 days of receipt of the merchandise. If desired by Mycurls.ch, the customer is required to return the delivered products in the original packaging without delay to Mycurls.ch, the shipping costs for this shall be borne by Mycurls.ch.
8.2 Furthermore, Mycurls.ch shall be liable to the customer for damages, insofar as such liability for Mycurls.ch is determined by the Swiss Product Liability Act.
8.3 Every other form of warranty for the delivered products and every liability for damages which are caused by these products, is excluded, unless Mycurls.ch has fraudulently concealed the respective product defects. If, however, Mycurls.ch can assert further warranty claims against its suppliers for the affected product, Mycurls.ch shall, where possible, transfer these claims to the customer upon request. Mycurls.ch does not accept any responsibility that these claims can be asserted successfully. The same applies to any kind of claims which Mycurls.ch can assert against the Postal Service for damages which occurred during transport.
8.4 In particular, Mycurls.ch does not warrant that the products are suitable for the customer's intended application, or that they deliver a particular result. Furthermore, the warranty also excludes damages which are the responsibility of the purchaser, e.g. the consequence of the inappropriate use of the product, or damages from external influences which are not the responsibility of the seller such as, for example, damages which have occurred during transport.
9. Returns
9.1 Customers shall have the right to return the goods up to 14 days after delivery. The right of return is exercised by returning the goods; it is not necessary to state a reason for the return. The return must be sent to
MyCurls
Retouren
Hirtenhofstrasse 25A
6005 Luzern
9.2 Exercising the right of return results in the conversion of the purchase contract to a return contract whereby the goods received under the purchase contract must be refunded. The customer shall bear the costs for the return.
9.3 Upon receipt of the goods, the purchase price already paid will be refunded immediately to the customer.
9.4 We reserve the right to deduct an amount from the refunded purchase price or to invoice the customer for possible damage or excessive wear and tear of the product. No deduction shall be made if the damage is attributable to the handling of the goods in a way necessary due to the type, state or functionality of the product. Mycurls.ch can refuse to refund until it has received the returned goods or until the customer proves that they have returned the goods, whichever is earlier.
9.5 Mycurls.ch guarantees that products are undamaged at the point of shipment. Products which were damaged during shipping shall be repaired or replaced at the discretion of Mycurls.ch, insofar as the customer informs Mycurls.ch by email within 14 days of receipt of the merchandise. If desired by Mycurls.ch, the customer is required to return the delivered products in the original packaging without delay to Mycurls.ch, the shipping costs for this shall be borne by Mycurls.ch.
Every other form of warranty for the delivered products and every liability for damages which are caused by these products, is excluded, unless Mycurls.ch has fraudulently concealed the respective product defects. If, however, Mycurls.ch can assert further warranty claims against its suppliers for the affected product, Mycurls.ch shall, where possible, transfer these claims to the customer upon request. Mycurls.ch does not accept any responsibility that these claims can be asserted successfully. The same applies to any kind of claims which Mycurls.ch can assert against the Postal Service for damages which occurred during transport.
In particular, Mycurls.ch does not warrant that the products are suitable for the customer's intended application, or that they deliver a particular result.
9.6 Returned products and packages respectively will only be accepted in a suitable condition, i.e. unused, unopened, undamaged and in their original packaging.
10. Methods of payment
10.1 Orders made via the website www.Mycurls.ch are to be paid for, in principle, in advance using the payment methods stated on the website www.Mycurls.ch. The following payment methods are at your disposal: PayPal, credit card (Visa, Mastercard, American Express), and prepayment.
10.2 When paying in advance, you will receive the account details of Mycurls.ch with the confirmation email, after the order has been processed. They are as follows:
PostFinance
Konto: 60-600005-5
IBAN: CH95 0900 0000 6060 0005 5
BIC: POFICHBEXXX
Clearing: 9000
10.3 Up until the point in time when payment for the ordered products is made in full, or payment confirmation is received through the credit card provider, the delivered products shall remain, in any case, the property of Mycurls.ch.
11. Data protection
11.1 Mycurls.ch uses the data entrusted to the Company by its Customers respecting their privacy. Customer data shall not be sold, rented, loaned to or shared with any third parties whatsoever.
11.2 Under "My Account" the customer has the possibility to change his personal data at any time.
12. Liability
12.1 The liability for product defects or damages caused by such defects is determined exclusively pursuant to Section 8. For damages resulting from delayed delivery, Section 4 shall prevail exclusively.
12.2 Furthermore, Mycurls.ch shall exclude, within the framework of valid statutory regulations, any other form of liability to the customer in association with the products, the use or the (non-) availability of the website www.Mycurls.ch and resulting damages. This means that, for example, the assertion of claims resulting from the impossibility of service provision, nonfulfilment and from unauthorised action is excluded, both against Mycurls.ch and against its vicarious agents, insofar as there is no evidence of intentional or grossly negligent action.
13. Partial invalidity / Validity preserving reduction
To the extent that any provision of these Terms & Conditions should be invalid in whole or in part, this does not affect the validity of the remaining provisions and their purpose. In place of the invalid provisions, the relevant legal provisions shall apply.
14. Applicable law/ Place of jurisdiction
The contract is exclusively subject to Swiss law. The place of jurisdiction for all disputes with Mycurls.ch is - subject to any divergent place of jurisdiction within federal law - Lucerne, Switzerland.
15. Changes to Terms & Conditions
Mycurls.ch expressly reserves the right to adjust the present Terms & Conditions to circumstances at any time, and to apply these with immediate effect to subsequent orders.
Lucerne, 14.10.2017