1. Scope of application
These General Terms and Conditions of Sale (“General Terms and Conditions” or “GTC”) are applicable to all activities provided by Shea’Biscus by Faye Humair (hereinafter the “Company”) (IDE: CHE – 453.130.962), a company located in Clos-Libert 3b, 1424 Champagne.
The company manufactures and sells hair care products.
These General Conditions apply to all sales made by the Company, whether through the Company’s website (www.sheabiscus.ch), through resellers, through sales made by telephone, email, oral declaration or any other expression of will.
By accessing and using the Company’s website, in particular by purchasing the Company’s products, the customer acknowledges that he or she is bound by these General Terms and Conditions, which he or she declares having read and understood.
The Company reserves the right, at its sole discretion, to modify these General Terms and Conditions at any time. It is the customer’s responsibility to consult them regularly in order to be informed of any changes. The Conditions applicable at the time of conclusion of the contract by the customer shall apply, unless the customer has expressly agreed in writing to other provisions.
2. Conclusion of the contract
The contract is concluded when the customer accepts the offer made by the Company in connection with the purchase of the Company’s products.
The contract is in all cases concluded as soon as the customer accepts the services offered by the Company and/or when she/he orders products on the Company’s website or when she/he purchases his products directly.
Unless otherwise agreed, all prices are quoted in Swiss francs (CHF). The Company reserves the right to indicate prices in other currencies depending on the countries in which its products will be sold.
All prices quoted do not include additional amounts for value added tax (VAT), where applicable. The applicable VAT rate is determined according to the country concerned.
The prices do not include any additional taxes that may apply. The prices do not include shipping and packaging.
The Company reserves the right to change its prices at any time. The prices indicated on the Company’s website as well as those indicated on its price list apply at the time of conclusion of the contract.
The company offers the customer the following payment options: Credit card, PayPal.
Generally, the sale price must be paid in full by the customer as soon as the contract is concluded. The Company will send the ordered products as soon as the selling price has been paid. In some cases, the Company may, at its sole discretion, issue an invoice to the customer and send him the ordered products before the sale price has been paid.
If the invoice is not paid within the above-mentioned period, the customer shall immediately become in default payment.
Upon formal notice, the client undertakes to pay default interest of 5% (five percent).
The company reserves the right to require payment of an advance at any time and without giving reasons.
If the company offers products for sale, rental or any other use through an internet platform, it reserves the right to require payment to be made electronically as part of the ordering process (credit card, Paypal or other payment systems).
It is not possible for the customer to offset any claim on the amount of the invoice he has to pay to the Company.
The Company reserves the right to waive delivery or service in the event of late payment.
5. Obligations of the Company
5.1. Delivery / Delivery date
Delivery will be made within 15 (fifteen) working days following the order if it must be made in Switzerland. Longer time limits may apply in the case of international sales.
If timely delivery is not possible, the customer will be informed of the new delivery date or availability of the product within 5 (five) working days after the order. The Company will endeavour to propose an alternative.
If the Company, its suppliers or mandated third parties are unable to perform within the prescribed time limits due to force majeure, for example in the event of natural disasters, earthquakes, volcanic eruptions, avalanches, bad weather, storms, storms, storms, wars, political or social unrest, civil wars, revolution and insurrection, terrorism, sabotage, strikes or nuclear accidents or reactor damage nuclear, then the Company is released from the obligation
to perform its services during these cases of force majeure as well as for an appropriate period of time following the end of these events. If the force majeure lasts more than 30 (thirty) days, the Company is entitled to withdraw from the contract. The Company must then fully reimburse the amounts already paid by the client.
Any other claims, in particular those relating to claims for damages resulting from force majeure, are excluded.
Unless otherwise agreed, the place of performance shall be the Company’s registered Headquarter office.
The service provided by the Company is considered to have been performed when the products are delivered to the carrier chosen by the Company.
The Company expressly reserves the right to engage auxiliaries in order to perform its contractual obligations.
An exchange of products is excluded.
The legal provisions concerning the guarantee apply.
The duration of the above-mentioned guarantees is 24 (twenty-four) months.
Any possible defect must be reported immediately to the Company. The Company then decides whether the defective product should be repaired or replaced. The customer has a claim to a reduction or refund of the purchase price only when replacement or repair is not possible. The customer cannot request a replacement product during the repair period. The warranty period restarts with respect to the repaired item and continues to run according to the original warranty period with respect to the other items.
A refund is excluded.
Any liability for indirect or consequential damage is excluded.
Liability for direct damage is limited to the selling price of the product/service price. This limitation of liability does not apply in the event of theft or gross negligence.
The customer is obliged to inform the Company immediately of any damage. Any liability of the auxiliaries is excluded, to the extent permitted by law.
9. Intellectual property rights
The Company has all rights to the products and services it offers.
Neither these General Terms and Conditions nor the individual agreements relating to them deal with the transfer of intellectual property rights, unless expressly provided for.
In addition, any re-use, publication or dissemination of information, images, texts or any other elements that the customer receives in connection with these provisions are excluded, unless expressly authorized by the Company.
The client must ensure that he does not infringe any intellectual property rights of third parties when he uses content, images, texts or figurative elements, when he uses them in connection with the Company.
10. Data protection and privacy
The Company must process and use the data collected at the time of conclusion of the contract in order to fulfil its contractual obligations. The Company takes all necessary measures to ensure data protection in accordance with legal provisions. The customer agrees that his data may be recorded and used in accordance with the contract and is aware that the Company may disclose his data or that of third parties in the event of injunctions from a court or authority. Unless the customer has expressly excluded it, the Company is entitled to use its data for marketing purposes. The data necessary for the performance of the service may be transferred to service partners mandated by the Company as well as to other third parties.
Data protection legislation applies.
These General Terms and Conditions replace any previous agreements or provisions. Only the provisions of individual contracts that specify these General Terms and Conditions take precedence over them.
12. Salvator Clause
The validity of these General Terms and Conditions shall not be affected if any of its provisions or annexes is or should be declared null and void. In this case, the invalid or void provision will be replaced by a valid provision that is close to the purpose of the invalid or void provision. The same applies in the event of a possible contractual gap.
The client, the Company and their auxiliaries undertake to keep secret all information that has been exchanged or acquired in the course of the services performed. The obligation of confidentiality continues even after the end of the contract.
14. Agents and distributors
The customer accepts that potential distributors or agents may work independently of the Company and that potential claims must therefore be made directly against them. The Company declines all responsibility in the event of contractual violations committed by potential agents or distributors.
15. Applicable law / Court of jurisdiction
These General Terms and Conditions are subject to Swiss law.
The courts located at the Company’s registered Headquarter office shall have jurisdiction to settle any dispute between the parties, unless otherwise required by law.
The Company is free to bring legal action at the defendant’s registered office/domicile.
This contract is an acknowledgement of debt within the meaning of Article 82 of the Federal Debt Enforcement and Bankruptcy Act (LP).
The application of the United Nations Convention on Contracts for the International Sale of Goods (RS 0.221.211.1) is expressly excluded.
16. Contact Information
For any questions or requests for information, the customer can send an email to the following E-Mail address: email@example.com.
We will be happy to answer you!
Last update: 30.05.2020
Shea’Biscus welcomes you to its website, which is accessible to you electronically. We appreciate your interest in our products and services.
1. Legal basis and purpose of the data processing
We process the data on the basis of the following legal bases:
• For the execution of an order at which or in order to take action at your request before concluding a delivery;
• For the respect of a legal obligation to which we are subject;
• In the interest of our legitimate interests.
We process the data for the following purposes:
• Verify the identity and suitability of customers for certain products and services;
• Establish a basis for future information on Shea’Biscus products and services and improve their quality;
• Facilitate technical administration, research and development for Shea’Biscus’ e- services;
• Ensure the security and operation of our IT environment;
• To use it for marketing and advertising purposes (e. g. e-mail newsletters, online advertising);
• Analyze and monitor user use, behaviour and navigation during the use of electronic services;
• Facilitate client administration.
We process all your personal data in accordance with current data protection laws and for as long as necessary.
2. Types of information processed
The use of our e-Services may automatically record details of your use in our backup systems (such as IP address, browser, httpheader user agent, device specific information accessed, including time and date of access, user use and interaction, and the website from which you linked to our e-Services).
We also process personal data such as your name, address, e-mail address, telephone number, date of birth, gender and other data that is transmitted to us if you register for the use of our electronic services or if you complete a registration form or comment field for a newsletter, product demonstrations, etc.
3. Processing and use of your personal information
We collect, store and process your data in order to be able to complete your order and provide any warranty services, for our services, for technical management and for our marketing operations.
Your personal information is only passed on to third parties if this is necessary for the execution of the contract or invoicing, or if you have previously authorized it. In the context of the execution of the order, the service providers we commission receive, for example, the data necessary for the order and its execution. Our service providers are only allowed to use the data thus transmitted for the purpose of carrying out the task entrusted to them. Any other use of the information is strictly prohibited.
To process your order, we need the following specific information: your name, address, e-mail address and payment details. The e-mail address allows us to acknowledge receipt of your order and to communicate with you. It is also very important for your identification as well as to send you the confirmation of your order and its shipment.
Your personal information is deleted (as long as its deletion does not conflict with legal retention obligations) as soon as you exercise your right to delete it, when the information is no longer necessary for the purposes for which it was recorded or when its recording contravenes other legal provisions.
4. Personalized advertising
The information you provide us is valuable because it helps us improve your shopping experience by providing you with a friendly and personalized service. As a result, we use the information transmitted as well as the data generated by our tool to design advertising focused on your interests, in particular through our newsletter but also through ads recommending some of our products.
You will only receive our newsletter by e-mail if you have previously or expressly confirmed that we need to activate our newsletter service for you. This is the principle of the membership option.
You can cancel your subscription to our newsletter at any time by clicking on the link provided in each newsletter.
6. Payment security
When you place an order or access your customer account’s personal data, the SSL secure server software encrypts the information entered 128 bits before transmission. This standard is the one used by banks for online transactions and offers the highest level of security currently available on the Internet.
7. Shea’Biscus security measures
Shea’Biscus will make every effort to take appropriate technical and organizational security measures to ensure that your personal data processed in the computer environment controlled by Shea’Biscus is protected against unauthorized access, misuse, loss and/or destruction, in compliance with applicable legal and regulatory requirements.
Shea’Biscus takes process-specific physical and electronic security measures, including firewalls, personal passwords, encryption and authentication technologies. Our employees and the service providers we have appointed are bound by professional secrecy and must comply with all data protection provisions.
In addition, access to personal data is limited to employees, subcontractors and third parties who need it to ensure the purpose of the data processing and the provision of products and services (need-to-know principle).
8. Data transmission via an open network
Shea’Biscus draws your attention to the fact that the use of our electronic services via an open network may allow third parties (e.g. app stores, network providers or the manufacturer of your device), wherever they are located, to access and process your data. Open networks are beyond Shea’Biscus’ control and therefore cannot be
considered a secure environment. Any data transmission via such an open network cannot be guaranteed to be secure or error-free because data may be intercepted, modified, corrupted, lost, destroyed, transmitted late or incomplete, contain viruses or may be monitored. In particular, data sent via an open network may leave the country – even when the sender and recipient are in the same country – and may be transmitted and possibly processed in third countries, where data protection requirements may be less stringent than in your country of residence.
When data is transmitted over an open network, we cannot be held responsible for the protection of this data and we accept no responsibility for the security of your data during transmission. We therefore recommend that you avoid transmitting any strictly confidential information via open networks.
Please note that most web browsers automatically accept cookies. You can configure your browser so that it does not store or only some cookies on your electronic device or so that it always displays a warning before receiving a new cookie. However, disabling cookies may prevent you from using some of the functions of our electronic services.
10. Analysis tools
Host name of the electronic access device (IP address) Type/version of the browser used
Referral URL (the website from which visitors are redirected to Shea’Biscus’ electronic services by clicking on a link).
Date and time of the server request
Device specific information
can be transmitted to third-party servers and are used for analysis purposes.
Please refer to the previous section, “Cookies”, for more information on deleting cookies.
11. Questions / Contact
If you have any questions about the processing of your personal data, please do not hesitate to contact us at the following address:
Frequently asked questions
Last update: 30.05.2020
1. Animal testing
None of our products are tested on animals.
2. What types of payments do you accept?
We accept the following payments:
American Express Paypal Postfinance
3. What delivery services do you offer?
In Switzerland, we deliver in partnership with the post office For international deliveries, our carrier is DHL
4. Do you ship internationally?
5. Who is responsible for customs duties?
Shea’Biscus is not responsible for customs fees, delays and compliance. You should check with your local customs to ensure that your packages comply with the customs rules in force in your country.
6. My package has been returned, what should I do?
When a package for Switzerland or to foreign countries has been returned, you will be charged shipping costs for the return and delivery back of the package.
7. When will my package be delivered?
Our processing time is 3-5 days before the package leaves for delivery.
8. How can I track my package?
As soon as your package is in the process of being delivered, we will send you the detailed information that will allow you to track your package. You will then be able to easily access your parcel’s transit information via your customer account.
9. My package has been stolen, how can I get a refund?
Unfortunately, Shea’Biscus is not responsible for lost or stolen packages.
As soon as the packages have left our storage space, the responsibility rests with the carrier. Therefore, in these cases, we recommend that you contact the carrier and follow their instructions.
10. I gave an incorrect address, can I get a refund?
Unfortunately, if you have given an incorrect or incomplete address when placing your order on our website, we will not take responsibility for the shipping costs.
11. My package has been declared delivered but I did not receive it
False allegations of missing packages will NOT be taken into account. This means that as long as the carrier (POST or DHL) confirms the delivery of your package, we will not refund you.
12. My package has arrived damaged, what should I do?
Unfortunately, this type of unexpected event can occur during transit. The way carriers handle fragile items in our absence is beyond our control but we can assure you that all our packages are packed and equipped for rough handling during transport.
13. Can I return my package if I change my mind?
Unfortunately we do not accept returns.
14. Why have I been charged twice?
Most of the time, when an order is placed, the payment is placed and held and then unlocked by your bank. In this case, the transaction may reappear on your bank statement. Rest assured that you have only been invoiced once and not twice. To verify this, please consult your 30-day bank statement and you will confirm only one transaction.
15. Where can I buy your products?
Our website is currently the main place of your purchase. However, we have a few authorized resellers. A complete list of our authorized resellers can be found here. Our products are not listed on the websites of EBAY and other third parties.
16. Guarantees : Data protection and confidentiality, data security
Security of your data: This website is protected by SSL (Secure Socket Layer) encryption, the highest standard of Internet security.
17. Additional support & Contact
Need to contact us? Please use contact form.