Terms of Sales

These General Conditions of Sale as well as the confidentiality policy govern the use of this site www.pioupiou-cosmetics.ch and present the responsibilities and legal obligations that exist between our brand Pioupiou Cosmetics, the company Labogo GmbH and yourself, the Customer. , as a user of this site.

By placing an order for a product on our site, the Customer acknowledges having read these General Conditions of Sale and having accepted them without restriction.

1. Preamble 

These General Terms and Conditions of Sale apply to all orders placed on the www.pioupiou-cosmetics.ch Site (hereinafter referred to as the “Site”). The Pioupiou Cosmetics brand is a registered trademark of Labogo GmbH.

These General Conditions of Sale are concluded on the one hand between:

Labogo GmbH, whose registered office is at Fadenstrasse 9, 6300 Zug in Switzerland, registered in the Commercial Register under number CHE-277.264.960 (hereinafter referred to as “the Company”).

On the other hand,

By any natural or legal person wishing to make a purchase via the website www.pioupiou-cosmetics.ch (hereinafter referred to as “the Customer”).

2. Object

These General Terms and Conditions of Sale (“GTC”) govern the contractual relationship between Labogo GmbH and the Customer, in the context of the sale of products, carried out through its merchant site. Both parties unreservedly accept these General Conditions of Sale and they shall prevail over any other conditions appearing in any other document.

The Company reserves the right to modify these T&Cs at any time, in particular in order to comply with any changes in the regulations. Unless there are mandatory legal provisions, these changes will have no impact on current contracts.

3. Products

The products offered for sale by the Company are those which appear on this Site, on the day of consultation of the Site by the user, and within the limits of available stocks. The Company reserves the right to withdraw from sale, at any time and without notice, any product present on the Site and/or to replace or modify any information associated with the products appearing on this Site.

In case of unavailability of a product, after placing the order, the Customer will be informed as soon as possible by email, the order then being automatically cancelled.

The photographs illustrating the products are intended to be as faithful as possible to the products sold and cannot have any contractual value.

The Company may occasionally offer certain offers, including boxes containing an assortment of Products. In this case, the Company reserves the right to modify the assortment of Products concerned depending in particular on constraints linked to its suppliers.

4. Orders

In order to be able to order on this Site, the Customer must meet the following conditions:

• Be a natural person
• Be of legal age on the day of the order
• Have full legal capacity

The validation of the order by the Customer constitutes confirmation of acceptance of the GCS, the content of the order, its price as well as the associated costs.

All orders are subject to prior acceptance by the Company and are not definitively confirmed until the Customer has received an order and dispatch confirmation email.

The Company reserves the right to cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The information provided by the Customer, when taking the order, commits the latter: in the event of an error in the wording of the recipient's contact details, the Company cannot be held responsible for the impossibility in which it could be to deliver the product.

5. Price

Prices are shown in your local currency depending on your location. Nevertheless, all our prices are based in Euros (€) and will be invoiced according to the course of the desired currency at the time of the order. These prices include all taxes (TTC) and take into account in particular the VAT applicable on the day of the order.

The prices displayed do not include participation in delivery costs (shipping, packaging and making the package according to the amounts in force). The amount of the shipping costs is specified on the Site before validation of the order.

At any time and without notice, the Company reserves the right to modify the price of its products. However, these changes will not affect orders that would have been accepted before the entry into force of these changes, subject to the availability of the products ordered.

Regarding sales outside Switzerland and the European Union, it is recalled that customs clearance costs, payment of various duties or taxes are the responsibility of the Customer.

6. Payments

Payments are made online immediately thanks to the following solutions:

• Credit card: The Customer can pay for his order by credit card. The credit card payment system on the Site is completely secure thanks to the [Stripe] platform.

• PAYPAL: You can make your payment through this secure system which links our site and our bank, without your bank details passing through our site. 

• TWINT: You will be able to make your payment through this secure system via the smartphone application for people residing in Switzerland only.

Important: The Company does not have access to confidential information relating to the means of payment. The information entered is encrypted and transmitted securely without third parties having access to it.

7. Deliveries

Upon receipt of payment, the order will be processed as soon as possible. We take the greatest care in preparing our orders.

The delivery of items in stock is made to the address indicated by the Customer when ordering. The Customer is informed that it is his responsibility to provide the details necessary for the proper processing of his order. If the delivery address provided by the Customer is not valid and leads to a return of the package for non-receipt at the address indicated, the costs of reshipping the package to the new address provided will be borne by the Customer.

Depending on the size and weight of the goods, the shipment is made by post or via a carrier, within 2 to 10 working days. The costs and delivery times will be specified on the Site, including all taxes, during the Order process and must be accepted by the Customer at the time of validation of the Order.

The Company declines all responsibility in the event of loss of the products ordered or of a strike due to the postal services or other carriers. In the event of a delay in delivery, the Customer must report this delay as soon as possible by contacting customer service at the following address: info@pioupiou-cosmetics.ch

Upon receipt of the Products ordered, the Customer must verify the conformity of the Products. Any anomaly concerning the delivery (Missing or broken Product, damaged package, etc.) must be reported by the Customer on the receipt that the carrier will present to him when the package is delivered and must imperatively be notified, on the same day of receipt or no later than the first working day following receipt, by e-mail addressed to info@pioupiou-cosmetics.ch . Any complaint made after this period will be rejected and the Company will be released from all liability.

The Company cannot be held responsible for the proper performance of the carrier's obligations insofar as the resulting non-performance or poor performance of its own obligations towards the Customer is attributable to the latter or to an unforeseeable and insurmountable fact of a third party to the distance selling contract concluded with the latter or to a case of force majeure (cf. art. L.121-20-3 of the Consumer Code).

8. Exchanges and returns

In accordance with the legislation in force, the Customer has a period of 14 days (from the date of receipt) to request the exchange or refund of the order. We remind you that the costs of returning the Products are the responsibility of the buyer.

The products must imperatively be returned in perfect condition for resale, in their original condition (packaging, accessories, instructions, etc.), without having been used, duly sealed, and accompanied by the invoice or delivery note. We can accept returns and refund only orders placed on the Site.

Important: The Company reserves the right to waive the Customer's right of withdrawal for items returned unsealed for health and safety reasons.

To make a return, the Customer must:

• Submit a return request to our customer relations department at the following address: info@pioupiou-cosmetics.ch within less than 14 days. No return will be accepted without the service having been contacted beforehand and a return agreement having been formulated.
• Attach to the shipment the product(s) in its/their original packaging, which has not been opened or damaged, the number of the order concerned by the return, as well as a request for exchange or refund.

When a Customer returns Products, any risk associated with the return of the Products is the responsibility of the Customer. If the aforementioned conditions are met, the Company will exchange the Products or refund to the Customer, within thirty (30) calendar days, the sums corresponding to the Products acquired by him. Once the return has been validated, you will receive the refund by the same means as payment in the case of a refund request.

If the Customer fails to comply with these conditions, in particular the return or exchange conditions, the Company will not be able to refund the products concerned.

9. Warranties 

The products sold by the Company comply with the European regulation n°1223/2009 in force. The liability of Labogo GmbH is systematically limited to the value of the product in question, value on its date of sale and this without the possibility of recourse to the brand or the company producing the product. The liability of the Company and the guarantee are excluded in the event of a defect resulting from the use of the product by the Customer and in particular from use that does not comply with the use for which the product is intended.

In accordance with the legal provisions in force, the Customer benefits from the legal guarantee of conformity against defects of conformity existing at the time of delivery and the legal guarantee against defects or hidden defects in the products sold. The Customer must notify the carrier and the Company of any reservations about the products delivered. Any complaint about the products, in particular in the event of a defective, damaged, non-compliant product or apparent defect, must be notified by the Customer to the Company without delay by e-mail to the contact details appearing on the Site, specifying the product(s) ( s) concerned, the nature and type of defect. It is the Customer's responsibility to provide all the supporting evidence on the reality of the defect found. The Company may request one or more photos of the product. In the event of recovery accepted by the Company, in particular in the event of a lack of conformity, the Customer will have the choice between reimbursement or replacement of the product by an equivalent product offered on the Site.

10. Responsibility 

The Company cannot be held liable in the event of a breach of one of its contractual obligations resulting from a fortuitous event or a case of force majeure.

Similarly, the Company cannot be held liable for damages of any kind, whether material, immaterial or bodily, which could result from a malfunction or misuse of the products marketed. The liability of the Company will, in any event, be limited to the amount of the order.

The Company reserves the right to modify the information on the Site at any time and without notice.

The Company undertakes to describe with the greatest accuracy the products marketed on the Site and to ensure, under the best possible conditions, the updating of the information which is disseminated there. However, the Company cannot guarantee the accuracy, precision or completeness of the information made available to Customers on the Site. In the event of non-substantial differences between the photos presenting the products on the Site, texts and illustrations and the products ordered, the Company cannot be held liable.

 

11. Various 

11.1. Intellectual property

The Pioupiou Cosmetics brand is protected by Intellectual Property Law. Each of the elements that compose it such as the site, the name, the logo, the graphics, the photographs, the images, the texts are the exclusive property of Labogo GmbH, which alone is authorized to use the copyrights and intellectual property . Any reproduction, copy, imitation without authorization is strictly prohibited.

11.2. Extended Producer Responsibility

In France, article 62 of the "anti-waste for the circular economy" law (AGEC law) adopted on February 10, 2020 provides for the establishment of a unique identifier for all companies or entities subject to the principles of Extended Producer Responsibility (EPR). As of January 1, 2022, you will need a unique identifier generated by the Ecological Transition Agency (ADEME).

Labogo GmbH, registered in the Commercial Register under number CHE-277.264.960, has received the unique identifier: FR249282_01GJYU, generated by the Ecological Transition Agency (ADEME).

11.3. Applicable Law and Jurisdiction

These T&Cs are governed by Swiss law. This is the case for the rules of substance and the rules of form, notwithstanding the places of performance of the substantial or accessory obligations.