These Terms and Conditions apply to all orders which are submitted by individuals domiciled in Switzerland or the principality of Liechtenstein as well as Germany, via the online shop of the company
Chemin de Béguex 12
VAT number: CHE-496.943.123
(hereinafter referred to as NIASHA.ch). NIASHA.ch provides all services exclusively on the basis of these Terms and Conditions.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
NIASHA always endeavours to inform and explain to its customers to the greatest possible extent regarding the products and services on offer. The information at www.niasha.ch is taken, in part, directly from the manufacturers or from experts, ambassadors and authors respectively, and is compiled in a structured and customer-friendly way by NIASHA.ch for the customers.
All information at www.niasha.ch is without engagement, and any form of liability is rejected. NIASHA.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. The material on this website is not and should not be regarded as advice, including legal or medical advice. To the fullest extent permitted by law, NIASHA.ch does not give any express or implied warranties and makes no representations in relation to this website. Information on this website should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquires to verify the accuracy of the information provided.
The list of ingredients represents all options or variants of this product. Although NIASHA.ch checks and updates the products ingredients lists, actual ingredients in a given product option may vary from the list on the website. Ingredients are subject to change at manufacturer's discretion. For the most complete and up-to-date list of ingredients, please refer to product packaging.
We reserve the right to make changes to the prices and to the range at any time without prior notice. 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.
The current prices are published on the Internet at www.niasha.ch
The prices are mutually binding at the point of order. If mistakes or errors have been made with the stated price, NIASHA.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.
All prices are stated in Swiss francs (CHF), and include statutory VAT if not otherwise stated.
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.
Upwards of an order value of CHF 50, after the deduction of discounts and special offers, the shipping costs shall be borne by NIASHA.ch (except A-Post Priority and/or against signature).
SECTION 3 – ORDER AND DELIVERY
An order shall become binding for the customer when they click on the button ‘Complete Order” to confirm their order on the checkout webpage on which the complete overview of the order is displayed, at the end of the order process.
The customer shall then receive without delay a corresponding confirmation of receipt email from NIASHA 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, NIASHA.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 NIASHA.ch respectively a contract governing the reduced order amount. Unless of course, the customer informs NIASHA.ch without delay that they have no interest in receiving a reduced order amount.
In particular, NIASHA.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 NIASHA, or whether other invoices due for payment by the same person or another person living within the same household remain open.
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, NIASHA.ch may entirely abandon the delivery of the product without the possibility of a claim being made for a replacement or for damages.
NIASHA.ch delivers merchandise and gift certificates in Switzerland and in the principality of Liechtenstein. NIASHA.ch also delivers merchandise and gift certificates to Germany.
NIASHA.ch warehouse is located in Vevey, Switzerland. The shipping policy envisages that NIASHA.ch ships the products within 48 hours on business days, respectively upon receipt of confirmation of payment.
NIASHA.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 NIASHA.ch. For all other delays in delivery and the resulting consequences, including delays due to the Postal Service, suppliers to NIASHA.ch or third parties, NIASHA.ch shall accept no liability.
SECTION 4 – VOUCHERS, REWARDS PROGRAM AND GIFT CARDS
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 (Rewards) cannot be combined with gift vouchers.
NIASHA.ch offers Digital Gift Cards, that are not physical products. E-Gift Cards are delivered by email and contain instructions to redeem at checkout. NIASHA.ch E-Gift Cards have no additional processing fees and do not expire.
SECTION 5 – WARRANTY AND LIABILITY
NIASHA.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 NIASHA.ch, insofar as the customer informs NIASHA.ch by email within 7 days of receipt of the merchandise. If desired by NIASHA.ch the customer is required to return the delivered products in the original packaging without delay to NIASHA.ch, the shipping costs for this shall be borne by NIASHA.ch
NIASHA.ch shall be liable to the customer for damages, insofar as such liability for NIASHA.ch is determined by the Swiss Product Liability Act.
Every other form of warranty for the delivered products and every liability for damages which are caused by these products, is excluded, unless NIASHA.ch has fraudulently concealed the respective product defects. If, however, NIASHA.ch can assert further warranty claims against its suppliers for the affected product, NIASHA.ch shall, where possible, transfer these claims to the customer upon request. NIASHA.ch does not accept any responsibility that these claims can be asserted successfully. The same applies to any kind of claims which NIASHA.ch can assert against the Postal Service for damages which occurred during transport.
In particular, NIASHA.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.
SECTION 6 – ORDER CANCELLATIONS AND RETURNS
Customers have the right to return the goods within 14 days after delivery of the goods. The right of return will be exercised by the return of the goods; it is not necessary to provide reasons for the return. The goods to be returned must be sent to:
Rue des Bosquets 15
De l’autre coté du bâtiment
Returned products and packages respectively will only be accepted in a suitable condition, i.e. unused, unopened, undamaged and in their original packaging.
The exercising of the right of return results in the conversion of the purchase contract into a reverse handling relationship according to which the services received within the framework of the purchase contract have to be reimbursed. The costs incurred for the return shall be borne by the customer.
After receipt of the goods, a purchase price already paid for the goods will be reimbursed to the customer immediately.
NIASHA.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 NIASHA.ch insofar as the customer informs NIASHA.ch by email within 14 days of receipt of the merchandise.
Every other form of warranty for the delivered products and every liability for damages which are caused by these products is excluded unless NIASHA.ch has fraudulently concealed the respective product defects. If, however, NIASHA.ch can assert further warranty claims against its suppliers for the affected product, NIASHA.ch shall, where possible, assign these claims to the customer upon request. NIASHA.ch does not accept any responsibility that these claims can be asserted successfully. The same applies to any kind of claims which NIASHA.ch can assert against the postal service for damages which occurred during transport.
In particular, NIASHA.ch does not warrant that the products are suitable for the customer's intended application, or that they deliver a particular result.
SECTION 7 – PAYEMENTS
Orders made via the website www.niasha.ch are to be paid for in advance using the payment methods stated on the website www.niasha.ch. The following payment methods are at your disposal: PayPal, credit card (Visa, Mastercard, American Express), Apple Pay, PostCard, PostFinance Direct,Twint. Sofort (supported by Klarna).
Purchase by invoice with partial payment option (POWERPAY)
As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview.
When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’s (powerpay.ch/en/agb).
Until 01.08.21 : When paying in advance, the payment must be received by NIASHA.ch within 10 calendar days after the order is placed. Passed this delay the order is cancelled and items re-stocked. The client will receive the account details of NIASHA.ch with the confirmation email, after the order has been processed. They are as follows:
IBAN: CH90 0900 0000 1501 7683 6
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 NIASHA.ch
SECTION 9 – DATA PROTECTION
Under “My account” the customer has the possibility, at any time, to change his or her personal information.
NIASHA.ch uses and processes personal data in order to maintain customer relationships, and for its own marketing purposes. The customer always has the possibility of stopping this automatic evaluation. If no form of automatic personal evaluation is desired, the customer can submit their objection in writing at any time.
The customer shall only receive a newsletter from NIASHA.ch when expressly requested. It is possible to unsubscribe at any time.
SECTION 10 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 - LIABILITY
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.
Furthermore, NIASHA.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.niasha.ch and resulting damages. This means that, for example, the assertion of claims resulting from the impossibility of service provision, non-fulfilment and from unauthorised action is excluded, both against NIASHA.ch and against its vicarious agents, insofar as there is no evidence of intentional or grossly negligent action.
SECTION 13 – PARTIAL INVALIDITY
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.
SECTION 14 - GOVERNING LAW
The contract is exclusively subject to Swiss law. The place of jurisdiction for all disputes with NIASHA.ch is - subject to any divergent place of jurisdiction within federal law - Vaud, Switzerland.
SECTION 15 - CHANGES TO TERMS AND CONDITIONS
NIASHA.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.
SECTION 16 - CONTACT INFORMATION
Questions about the Terms of Service can be sent to us at email@example.com
Montreux, September 4th, 2019