General Terms and Conditions
1. Subject of the agreement
Mila D’Opiz AG (hereinafter “MDO”) shall sell to the customer (hereinafter “CONTRACTING PARTY”) the products of the cosmetics line Mila d’Opiz (hereinafter “CONTRACTUAL PRODUCTS”) offered at www.miladopiz.com according to these General Terms and Conditions of Contract (GTC), which shall constitute an integral part of all contracts concluded by MDO with the CONTRACTING PARTY. All services, including ancillary services, of MDO shall be performed exclusively on the basis of these GTC, even where the CONTRACTING PARTY prescribes otherwise or demands applicability of its General Terms and Conditions of Business/Contract. Any provisions deviating from these GTC shall only be effective if previously confirmed in writing by MDO. By ordering, the CONTRACTING PARTY confirms that it has received, read and accepts the GTC.
2. Formation of the contract
The contract shall only come into effect upon submission of the order online via www.miladopiz.com and payment of the purchase price by the CONTRACTING PARTY (see Section 4)
All prices are incl. statutory VAT plus shipping costs and if applicable C.O.D. charges unless otherwise stated. These prices apply only in Switzerland. The prices for the CONTRACT PRODUCTS on www.miladopiz.com (outside Switzerland) are ex Works (EXW) and exclusive of VAT. Prices in other countries vary due to customs duties, taxes and other fees. The prices quoted at www.miladopiz.com do not include transport and insurance costs or taxes and duties (including value added tax, customs duties, etc.). The transport and insurance costs or taxes and duties (including value added tax, customs duties, etc.) are to be paid by the CONTRACTING PARTY. All prices are quoted in Swiss francs (CHF). Payment of the prices shall be rendered exclusively in Swiss francs (CHF).
4. Terms of payment
The CONTRACTUAL PRODUCTS are to be paid (in advance) by credit card upon submission of order at www.miladopiz.com. The transport and insurance costs or taxes and duties (including value added tax, customs duties, etc.) shall be charged to the CONTRACTING PARTY by MDO following delivery of the CONTRACTUAL PRODUCTS and are payable by the CONTRACTING PARTY within 10 calendar days following receipt of the invoice. The amount invoiced is in Swiss francs (CHF). Payment of the invoiced amount shall be rendered exclusively in Swiss francs (CHF). The CONTRACTING PARTY is not entitled to offset invoices against credit. This prohibition of offsetting shall not apply to credit notes that have been created directly by MDO.
5. Delivery of the CONTRACTUAL PRODUCTS
MDO shall hand over the CONTRACTUAL PRODUCTS to its chosen carrier within two working days from the conclusion of the contract. If a CONTRACTUAL PRODUCT is not immediately available, MDO shall notify the CONTRACTING PARTY hereof before the conclusion of the contract. In this case, the obligation of MDO to hand over the CONTRACTUAL PRODUCTS for dispatch within two working days from the conclusion of contract shall lapse. MDO shall notify the CONTRACTING PARTY of the expected date of hand over the CONTRACTUAL PRODUCTS for dispatch. Such notification is for information purposes only and does not substantiate any legal claim. If a CONTRACTING PARTY orders several CONTRACTUAL PRODUCTS, of which one or more articles is/are not immediately available, the remaining CONTRACTUAL PRODUCTS shall nevertheless be handed over for dispatch within two working days from the conclusion of contract. The CONTRACTUAL PRODUCTS shall therefore be delivered in several separate deliveries. Any resulting costs shall be borne by the CONTRACTING PARTY. MDO cannot guarantee delivery of the CONTRACTUAL PRODUCTS to the CONTRACTING PARTY by a specific date.
6. Transfer of risk and receipt of goods
Shipping shall be at the expense and risk of the CONTRACTING PARTY. The risk shall pass to the CONTRACTING PARTY upon handover of the CONTRACTUAL PRODUCTS to the carrier at MDO's works in St. Gallen; this shall also apply in the case of partial consignments. Delivered CONTRACTUAL PRODUCTS shall be accepted by the CONTRACTING PARTY without prejudice to its rights pursuant to Section 7 below, even where they display minor defects.
The CONTRACTING PARTY shall carefully check the CONTRACTUAL PRODUCTS immediately after delivery and notify the MDO in writing or by email of any defects immediately after such defects become apparent. In the event of defects, the CONTRACTING PARTY shall merely be entitled to the delivery of contractual products which are free from defects by MDO. Where subsequent performance is refused, fails, or cannot reasonably be expected to be acceptable to the CONTRACTING PARTY, or is not performed within an appropriate period of grace, the CONTRACTING PARTY may demand a reduction of the purchase price. The CONTRACTING PARTY’s warranty claims shall lapse at all events after two years from delivery of the CONTRACTUAL GOODS, irrespective of whether the CONTRACTING PARTY knew of the defect or would have been able to discern it.
Each Party shall be liable to the other Party solely for direct damage caused by a culpable breach of duty committed by the respective Party. However, neither Party shall be liable for indirect damage, including loss of revenue or profits, loss of use, capital expenditure, or the costs of purchasing substitute products. The liability of either Party for intentional or grossly negligent conduct is unlimited. MDO accepts no liability for the correctness of the prices for dispatch, insurance and/or taxes and duties (including value added tax, customs duties, etc.) quoted at www.miladopiz.com.
9. Severability clause
Should a provision of these Terms and Conditions be invalid or void, this shall void affect the remaining provisions hereof. Furthermore, the invalid or void provision shall be replaced by a valid provision which most closely approximates the invalid or void provision in economic terms.
10. Applicable law
These GTC and all contracts concluded on the basis thereof shall be governed exclusively by Swiss substantive law The applicability of private international law (PIL), the Vienna Convention on Contracts for the International Sale of Goods (CISG), and state treaties is expressly excluded.
11. Place of jurisdiction
The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC or contracts shall be St. Gallen.