Terms and Conditions
Last updated 1 November 2019
These Terms and Conditions will apply to any contract for the sale of Products by us to you (“Contract”). Please read these Terms and Conditions carefully and make sure that you understand them before ordering any Products from our Website.
Please note that by ordering any of our Products, you agree to be bound by these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order Products from our Website.
1.Understanding these Terms and Conditions
1.1 When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.2 When we refer to “we”, “us” or “our”, we mean Nescens AU Group AG. When we refer to “you” or “your” we mean you, the person buying Products from our Website.
1.3 We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions, and any Contract between you and us, are only available in the English language. We will not file copies of the Contract between you and us so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time, as explained in section 14 below). Please check the Website each time you order Products to ensure you understand the legal terms that will apply to the Contract at that time.
2. About us
2.1 We are Nescens AU Group AG, a company registered in Switzerland with company registration number CH-020.3.914.389-2, and we operate the Website. Our principal place of business is at Industriestrasse 8, 8604 Volketswil, Switzerland.
2.2 If you would like to contact us, please use the form on the Contact Us page of our Website (available at Contact Us) and our customer services team will be happy to assist you.
3. Our Products
3.1 We have an unparalleled commitment to excellence, luxury and the science of skincare. Our range of Products helps prolong the youthful appearance of even the most delicate skin by confronting the problems of premature aging, environmental hazards and the stress of contemporary life. For more information on our Products (including their benefits, how they should be applied and perfect partner products to compliment your chosen Product) please visit the Collections page on our Website (available at Contact Us).
3.2 If we are unable to supply you with a Product (because, for example, that Product is not in stock or is no longer available) we will inform you of this by email and we will not process your order. If you have already paid for the Product(s), we will refund you the full amount as soon as possible.
4.1 The prices of the Products will be as quoted on our Website from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, it is always possible that, despite our efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We do not have to provide the Products to you at a lower price where we have made a pricing error. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat your order as cancelled.
4.2 The prices of the Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Acceptance.
5.Methods of Payment
5.1 You can pay for Products using a debit card or credit card. We accept the following cards: American Express, Visa and MasterCard.
5.2 By ordering Products from us through our Website, you authorise us to perform credit and anti-fraud checks on you and the payment method that you have provided. These checks may be required, amongst other things, to verify your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorisation and/or to authorise individual purchases. You authorise us to disclose information provided by you, including personal information, to third parties such as banks and the providers of credit reports for the purposes of these checks, and accept that such parties may keep a record of that information. You also agree that we may make the information we receive from such checks available to third parties including fraud prevention and credit reference agencies. We reserve the right to put in place additional payment security systems from time to time.
5.3 If the amount due from you for your order cannot be debited or charged, for whatever reason, your order will be cancelled (we will notify you of this using the contact details you provided during the order process).
5.4 Your debit card or credit card will not be charged until we ship your order (at which point we take payment for the Products and all applicable delivery charges in full).
6.1 Your order will be fulfilled by the estimated delivery date set out in the Shipping Confirmation, unless there is an event outside of our control (please see section 13 below for more information about these events). If we are unable to meet the estimated delivery date because of an event outside of our control, we will contact you with a revised estimated delivery date.
6.2 Delivery will be completed when we deliver the Products to the address you gave us (so please make sure that the delivery details you provide are accurate as we cannot be responsible for any delayed, incorrect, or failed deliveries as a result of your error). Nescens AU Australia will only deliver to residential addresses or offices with a street address and a person with authority to accept delivery of the order. We do not deliver to post office boxes, parcel lockers, parcel pick-up services, freight forwarding companies, and the like, and we reserve our right not to process orders with such addresses made through our systems.
6.3 If you order Products from our Website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
6.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such laws or regulations.
7.Returns and refunds
7.1 We want you to be completely satisfied with the Products you have ordered from us. If you have any problems with the Products you have ordered, please contact our customer services team using the form on the Contact Us page of our Website (available at Contact Us). Details of your legal right to cancel your Contract with us, and an explanation of how to do this, are set out below and provided in the Order Acceptance that we send to you.
7.2 You may return Products to us and receive a full refund of the price paid for the Products provided that you return the Products to us (or notify us of your intention to do so) within 30 days of the Products being delivered to you.
7.3 If you want to return Products to us, please to tell us by contacting our customer service team on 1-800-821-5718 or by sending an email to Customer Service. We will send you an email to confirm that we have received your return request. You may wish to keep a copy of this (and any emails you send to us) for your own records.
7.4 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you contacted us (as described in section 9.3 above). We will refund you on the credit card or debit card that you used to pay.
7.5 In order to receive your refund, you must return the Products to us as soon as reasonably possible. Unless the Products are faulty or not as described (in which case, section 9.6 below will apply), you will be responsible for the cost of returning the Products to us. You are responsible for taking reasonable care of the Products until they are returned to us. We recommend that you return them to us using a recorded delivery service and that you keep proof of postage. We will be unable to provide you with a full refund if the Products are not returned to us or if they are damaged when they arrive.
7.6 In the unlikely event that the Products we sell to you are faulty or not as described, you may have additional legal rights to receive a refund in relation these Products. These legal rights are not affected by our general returns policy (set out above) or by these Terms and Conditions. Advice about your legal rights is available from your local or national consumer protection body.
8.1 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
8.2 We only supply Products (including any free samples provided with your order) for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 We do not in any way exclude or limit our liability for:
8.3.1 death or personal injury caused by our negligence;
8.3.2 fraud or fraudulent misrepresentation; and
8.3.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
9.Using our Website
10.Your personal information
11.Events outside of our control
11.1 In rare circumstances, events outside of our reasonable control may delay or prevent us from performing our obligations under the Contract. If these events occur, we will try to perform our obligations to you as soon as we can. We cannot, however, accept liability for any losses caused to you as a result of any delay or failure by us to perform our obligations where such delay or failure is due to an event which is outside of our reasonable control.
11.2 If an event outside of our reasonable control takes place that affects the performance of our obligations under the Contract:
11.2.1 we will contact you as soon as reasonably possible to notify you; and
11.2.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control. Where the event outside of our reasonable control affects delivery of Products to you, we will arrange a new delivery date with you after the event outside of our reasonable control is over.
12.Changes to these Terms and Conditions
12.1 We may make changes to these Terms and Conditions from time to time (if, for example, we have made changes to how we accept payment from you, or if there is a change in the law that means we need to change these Terms and Conditions).
12.2 Every time you order Products from us, the Terms and Conditions in force at that time will apply to the Contract between you and us. The current version of these Terms and Conditions will be available on our Website. Please check the Terms and Conditions on our Website each time that you order Products from us to ensure that you understand the Terms and Conditions that apply at the time.
We hope that you don’t have cause for a complaint but, if you do, we want to hear about it so that we can try and resolve it and make sure it doesn’t happen again. Please contact our customer services team using the form on the Contact Us page of our Website (available at Contact Us).
14.Other important information
14.1 We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.
14.2 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3 Each of the sections of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
14.4 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.5 These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
15.Governing law and jurisdiction
15.1 These Terms and Conditions are governed by Swiss law. This means that the Contract for the purchase of Products through our Website, and any dispute or claim arising out of or in connection with it, will be governed by Swiss law.
15.2 You and we both agree that the courts of Zurich will have exclusive jurisdiction of any disputes.