General Terms and Conditions of C-TOTAL GmbH
1. General
1.1. These General Terms and Conditions (GTC) regulate the relationships between C-TOTAL GmbH and its customers.
1.2. They are an essential part of every contract concluded between C-TOTAL GmbH and its customers.
1.3. Side agreements, assurances, additions, or changes to the General Terms and Conditions require
2. Scope of Application
2.1. C-TOTAL GmbH provides services based on the General Terms and Conditions in the version valid at the time of the individual contract conclusion.
2.2. These General Terms and Conditions apply indefinitely, unless changed by the parties through written agreement or C-TOTAL GmbH adopts a new version of its General Terms and Conditions.
2.3. The General Terms and Conditions apply to all types of contract conclusion.
3. Delivery Area
3.1. C-TOTAL GmbH only delivers products to addresses of customers in Switzerland and the Principality of Liechtenstein.
4. Minimum Order Value
4.1. There is no minimum order value.
5. Offer and Conclusion of Contract
5.1. All information regarding goods and prices on the C-TOTAL GmbH website is non-binding and subject to change.
5.2. By placing an order through the website, the customer makes a binding offer. C-TOTAL GmbH confirms the acceptance of the offer by email to the customer. With this acceptance, the contract is considered concluded.
5.3. C-TOTAL GmbH reserves the right to refuse orders without providing a reason.
5.4. If the goods ordered by the customer are not available in the desired quantity or at the price indicated on the C-TOTAL GmbH website, C-TOTAL GmbH will notify the customer. In this case, the contract is only concluded when the customer confirms the order again by email or in another written form.
5.5. All information regarding goods and prices in the C-TOTAL GmbH sales store is non-binding and subject to change.
5.6. By placing an order through the application in the sales store, the customer makes a binding offer. C-TOTAL GmbH confirms the acceptance of the offer by delivery note to the customer. With this acceptance, the contract is considered concluded.
5.7. If the goods ordered by the customer are not available in the desired quantity or at the price indicated in the C-TOTAL GmbH sales store, C-TOTAL GmbH will notify the customer. In this case, the contract is only concluded when the customer confirms the order in writing again.
5.8. C-TOTAL GmbH reserves the right to refuse an order, especially if there is a legal dispute with the customer, particularly in connection with unpaid invoices from previous orders with C-TOTAL GmbH, or if there are any outstanding invoices due for payment from the same person or a person living in the same household.
5.9. Order processing and contact will take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by C-TOTAL GmbH can be received at that address. In particular, the customer must ensure that all emails sent by C-TOTAL GmbH can be delivered when using SPAM filters.
6. Online and retail store ordering service and information service
6.1. C-TOTAL GmbH offers customers a 24/7 ordering service via the internet.
6.2. C-TOTAL GmbH offers customers an ordering service from 10:00 AM to 6:00 PM from Monday to Friday. Saturday is closed.
6.3. For inquiries, C-TOTAL GmbH is available by email from Monday to Friday.
6.4. By arrangement, it is possible to place orders via email at C TOTAL The customer agrees to check all billed items upon receipt of the invoice and to immediately inform C TOTAL GmbH of any discrepancies. Items that have already been shipped and do not meet the customer's expectations due to insufficient information will not be accepted for return by C TOTAL GmbH.
7. Delivery conditions
7.1. The delivery of the ordered items will be at the customer's expense up to a certain order value.
7.2. The customer's order will be processed immediately and shipped after payment.
7.3. For products that C-TOTAL GmbH does not have in stock, customers will be informed of the delivery time on the product page and during the purchasing process.
7.4. The delivery costs are calculated during the purchasing process, displayed during the order, and confirmed at the completion of the order.
7.5. C-TOTAL GmbH recommends that its customers combine multiple items into one order, as two different orders cannot be merged. Shipping costs will be calculated separately for each order.
7.6. For delivery against cash on delivery, the cash on delivery fees will be charged.
7.7. In case of non-delivery or delayed delivery of the goods due to incorrect specification of the delivery address by the customer or absence of the customer at the delivery location, C-TOTAL GmbH is not liable and reserves the right to charge the customer for the costs incurred due to a failed delivery attempt upon a subsequent delivery attempt.
7.8. The specified delivery times cannot be guaranteed and are to be understood as guidelines.
7.9. For unavoidable delivery delays, e.g., due to force majeure, traffic jams, bad weather conditions, etc., C-TOTAL GmbH is not liable, and they do not entitle the customer to withdraw from the purchase contract or to compensation. Longer delivery times should be expected before holidays.
7.10. A delivery delay by C-TOTAL GmbH does not lead to a reduction in the sale price.
7.11. If the goods are not picked up at the retail store within 14 days, C-TOTAL GmbH can cancel the order.
7.12. C-TOTAL GmbH owns a warehouse. The products available in the online shop are located in the warehouse. Items available from stock are usually packed and shipped on the same or following day of the order. The customer will thus receive the order within 1 to 2 working days. Products that are not available from stock must first be obtained from the manufacturer or supplier. This may delay the delivery time. In no case do delivery delays give rise to claims for damages or a right to withdraw from the contract.
8. Shipping partner
8.1. The ordered products will be shipped to the customers via Swiss Post.
9. Sales in the online shop and retail store
9.1. Sales in the online shop are conducted according to the payment method individually agreed upon between C-TOTAL GmbH and its customers.
9.2. Sales in the retail store are conducted according to the payment method individually agreed upon between C-TOTAL GmbH and its customers. Only direct payment on site.
9.4. When picking up already paid orders or orders on account with PowerPay, the customer must be able to identify themselves.
9.5. Until full payment of the ordered products or payment confirmation by the credit card provider, the delivered products remain the property of C-TOTAL GmbH.
10. Inspection of Goods and Right of Return
10.1. The customer agrees to check the goods immediately upon receipt.
10.2. Any complaints regarding quality, completeness, and other defects of the delivery must be communicated to C-TOTAL GmbH immediately, but no later than within 5 working days after receipt of the delivery.
10.3. If no complaint is made within the deadline, the purchased item is considered approved.
10.4. Returns or exchanges due to dissatisfaction or incorrectly ordered goods are excluded.
10.5. Cancellation of ordered products is only possible after consultation with C-TOTAL GmbH.
10.6. Images of all products and illustrations are not color-binding and may differ from the original. Technical designations of the delivered products may differ from the designations of the manufacturer or those listed on the internet.
11. Warranty and Repairs
11.1. For devices and other warranty items, the customer receives the original manufacturer's warranty.
11.2. C-TOTAL GmbH makes no warranty that the products are suitable for the intended use by the customer or will achieve a specific result.
11.3. Any returns due to a defect must be made within 10 days of receiving the goods and will only be processed if the sender and the reason for the return are described in writing and clearly legibly. C-TOTAL GmbH will then check the return for the stated defect. If no defect is present, C-TOTAL GmbH is not obliged to take back the goods or provide any refund. If a defect is present and the return conditions have been correctly adhered to, it will be refunded immediately by C-TOTAL GmbH.
11.4. C-TOTAL GmbH excludes any liability regarding the timeliness, accuracy, completeness, or quality of the provided descriptions and information to the extent permitted by law. Claims for damages against C-TOTAL GmbH related to material or immaterial damages caused by the use or non-use of the provided information or by the use of incorrect and incomplete information are fundamentally excluded. C-TOTAL GmbH reserves the right to change, supplement, delete, or temporarily or permanently discontinue individual pages, parts of pages, or the entire offer without prior notice.
11.5. For repairs that fall within the warranty period, the warranty certificate is absolutely required.
11.6. The customer is obliged to keep the warranty certificate carefully.
11.7. Store purchases must be checked immediately upon receipt by the customer. After leaving the store, returns, exchanges, or refunds are not possible.
12. Prices
12.1. Our net prices are in Swiss Francs (CHF), exclusive of the statutory value-added tax.
12.2. The prices for the offered products are those listed on the website or in the sales store on the day the customer places the order.
12.3. Price changes after the conclusion of the contract due to changes in taxes, fees, duties, or shipping costs are reserved.
12.4. The notification of the price change will be included in the order confirmation to the customer.
12.5. If there is an error in the price, c-total reserves the right to make price changes afterwards. In such a case, the customer will be informed as soon as possible and can withdraw from the purchase of the product.
13. Weight
13.1. The customer acknowledges and accepts that there may be insignificant weight differences in the goods compared to the weight specification stated in the order and/or on the website.
14. Payment Terms
14.1. C-TOTAL GmbH only delivers the ordered items to new customers against advance payment.
14.2. C-TOTAL GmbH only delivers goods to regular customers who do not meet their payment obligations and to new customers who do not meet their payment obligations against advance payment or cash on delivery.
14.3. For orders starting from CHF 1,000.00 net price of the total order, C-TOTAL GmbH requires a deposit or advance payment.
14.4. Purchase on Invoice with Installment Option (PowerPay)
With the PowerPay monthly invoice, you can easily settle your online purchase by invoice with an installment option. MF Finance AG / PowerPay offers the payment method "Payment by Invoice" as an external payment service provider. Upon concluding the purchase contract, PowerPay takes over the resulting invoice claim and handles the corresponding payment modalities. When purchasing on invoice, you accept the terms and conditions of PowerPay in addition to our terms and conditions.
You will receive the monthly invoice by post in the following month. In the case of installment payments, at least 10% of the outstanding invoice amount must be paid per month. This way, you can conveniently decide how many installments you would like to use to settle the invoice. Please note that an administration fee of CHF 2.90 applies per invoice.
As part of this contract, MF Finance AG / PowerPay grants you a consumer credit according to Art. 12 KKG, provided you make use of the installment payment option and no exclusion reason according to Art. 7 para. 1 KKG exists.
15. Liability and Warranty Exclusion
15.1. C-TOTAL GmbH excludes any liability subject to mandatory legal provisions.
15.2. If a direct or indirect damage or consequential damage occurs to the customer due to a product sold by C-TOTAL GmbH, C-TOTAL GmbH cannot be held liable. This particularly excludes damages due to use, malfunction, or performance failure.
16. Security and Data Protection
16.1. The exchanged data will be treated confidentially by C-TOTAL GmbH.
16.2. The personal data we collect will be passed on to the transport company commissioned with the delivery as part of the contract processing, as far as this is necessary for the delivery of the goods.
17. Changes to the Terms and Conditions
17.1. Changes to the terms and conditions are made by C-TOTAL GmbH exclusively in written form and are always reserved.
18. Applicable Law
18.1. Only Swiss law applies.
19. Jurisdiction
19.1. The place of jurisdiction is at the registered office of C-TOTAL GmbH, except in the presence of a mandatory statutory jurisdiction.
20. Final Provisions
20.1. Availability and deliverability of products as well as changes in assortment, items, and prices are always reserved.
20.2. C-TOTAL GmbH and the customers strive to amicably resolve any disputes arising from the execution of this contract.
20.3. C-TOTAL GmbH reserves the right to decide who is registered as a hairdresser and thus receives benefits. If someone is registered as a hairdresser only after one or more orders, C-TOTAL GmbH is not liable for the price difference to the last orders
20.4. Opening an item in the C-TOTAL GmbH sales store obligates you to purchase
Zurich, October 20, 2019
