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Terms and Conditions

Paragraph 1 Applicability, Contract Language

1. The following general Terms and Conditions (GTC) apply to all contracts concluded between you and us, the company

Kanebo Cosmetics (Europe) Ltd., Hofwiesenstrasse 349, 8050 Zurich, Switzerland via this online shop.
2. The languages available for the conclusion of the contract shall be French and English. Translations of these GTC to other languages are for information only. In the event of contradictions between the French text and the translations, the French text shall prevail.

Paragraph 2 Applicable Law, Mandatory Consumer Protection Regulations

French law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory law, such as mandatory consumer protection law, remains unaffected.

Paragraph 3 Conclusion of contract

1. The presentation of the products in our online shop constitutes a legally binding offer.
2. After selecting the goods and providing the required information about you, you can by clicking “Buy now” in the last step of the order process accept definitively our offer for the goods displayed in the order overview. Immediately after submitting the order, you will receive an order confirmation via e-mail from us. Please regularly check the spam folder of your mailbox.

Paragraph 4 Technical steps up to the conclusion of the contract and correction of input errors

To place an order, start by adding the desired goods to the shopping cart. There you can always change the desired quantity or delete goods completely. Once you have placed goods in the basket, you can select samples and free gift wrapping after clicking on the button "Checkout". You will then be taken to shipping, where you can enter your information, especially the billing and shipping address. Next, you can enter the information about your payment method. Your entries (e.g. for the selected goods, for the billing and delivery address and for the means of payment) will then be displayed to you in an overview so that you can check and correct them again before you place the order by clicking on "Buy now". To cancel the order process, you can simply close your browser window.

Paragraph 5 Storage of the contract text

You will receive the contractual provisions together with information on the goods ordered including these T&Cs and the information on the right of withdrawal by e-mail together with the confirmation of shipping. We will store the contractual provisions for you as required by law and you can request access by contacting our customer service centre.

Paragraph 6 Opening a customer account; Processing of your personal data

In our online shop, you may order goods as a guest or after opening a customer account. With a customer account, you do not need to enter your personal data every time you use our online shop, but you may log on to your customer account with your e-mail address and your password before or during the order process. You will not be obliged to buy any of the goods offered by us only due to your registration. For information on the processing of your data, please read our data protection information, which you can find under the following https://www.sensai-cosmetics.com/fr/en/privacy. During your application for registration, you choose a password.

Paragraph 7 Payment Terms

The purchase price is due immediately after placing the order. The payment of the goods can be made via credit card via PayPal or Apple Pay.

Paragraph 8 Delivery Conditions

We deliver the goods exclusively to addresses in France. Arising shipping costs are each listed in the checkout process as well as in our “shipping and delivery” link in the footer and are billed separately.

Paragraph 9 Right of Withdrawal

1. As a consumer, you have in accordance with the rules described in the attachment below a right of withdrawal. A consumer means every natural person who acts for purposes that are outside his commercial, industrial, artisanal, liberal, or agricultural activity.
2. Please note, that in accordance with applicable law we do not offer a right of withdrawal for contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons if such goods were unsealed after delivery.
3. Please use the original packing material in the event of sending back the goods if the original packing material is still at hand. This does not limit your statutory right of withdrawal.
4. If you return the goods to us in connection with the exercise of your right of withdrawal, you must bear the direct costs of returning the goods. The cost of returning the goods is up to 10 EUR.
5. Items purchased via the online shop cannot be returned in store. Should you have received a gift or samples with your purchase, you are not obligated to return the gift or samples.

Paragraph 10 Warranty in case of purchasing goods

1. If the delivered goods purchased in our online shop are defective, you are entitled, within the scope of legal provisions, to request rectification, to withdraw from the contract or to reduce the purchase price and/or to claim damages, pursuant to Articles L. 211-4 and ff. of the French Consumer Code with respect to the legal warranty of conformity and on the basis of Articles 1641 and ff. of the French Civil Code with respect to the warranty of hidden defects.
2. The limitation period of warranty claims for the delivered goods is two years of handover of the goods, unless otherwise provided by law. Any claims due to defects maliciously concealed by us will expire after the normal limitation period.
3. For individual products, we grant a voluntary guarantee over and above the statutory warranty. You will find information about this guarantee through the following link www.sensai-cosmetics.com/fr/en/products/how-to/warranty_information.html.
"The seller delivers goods in compliance with the contract and is liable for any lack of compliance existing at the time of the delivery.
S/He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was charged to him/her by the contract or was carried out under his/her responsibility.
The goods are in conformity with the contract:
- a. If it is fit for the use usually expected of a similar good and, where applicable:
  - if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
  - if it has the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his/her representative, particularly in advertising or labelling;
- b. Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
  The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
  When the buyer requests from the seller, during the course of the commercial warranty granted to him/her at the time of the acquisition or repair of a movable good, a restoration covered by the warranty, any period of immobilisation of at least seven days is added to the remaining duration of the warranty.
  This period starts from the date of the buyer's request for intervention or from the date the goods are made available for repair if this availability is subsequent to the request for intervention.
  The buyer is exempt from furnishing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.
  The seller is bound by the warranty on account of hidden defects of the t sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it or would only have paid a lower price for it, if s/he had known about them.
  The action resulting from prohibitive defects must be brought by the purchaser within two years from the discovery of the defect."

Paragraph 11 Limitation of Liability

1. We are liable for damages caused by intent and gross negligence which were caused by us or by our vicarious agents.
2. Further, we are liable for the negligent breach of obligations which were caused by us or by our vicarious agents, whose fulfilment is essential to enable the ordinary implementation of the contract, whose breach jeopardises the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly (so-called cardinal duties) but limited to the replacement of the foreseeable and typical contractual damage, to the extent compliant with applicable law.
3. The abovementioned exclusion of liability in (2) does not apply in case of damage of life, body and health as well as in case of breach of warranty. The liability pursuant to the product liability law also remains unaffected.

Paragraph 12 Online and Alternative Dispute Resolution; Severability Clause

1. The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr.
2. Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.

Information on the Right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires, physical possession of the good or of the last good when you have ordered several goods with one order and if these goods are delivered separately.

To exercise the right of withdrawal, you must inform us here:

Kanebo Cosmetics (Europe) Ltd.
Hofwiesenstrasse 349
8050 Zurich, Switzerland
Tel.: +41 800 11 33 66; e-mail: customerservice@sensai-eboutique.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not mandatory.

You can also fill in and submit the model withdrawal form or another unequivocal statement on our website https://www.sensai-cosmetics.com/fr/en. If you use this option, we will communicate to you an acknowledgement of receipt of such withdrawal on a durable medium (e.g. by e-mail) without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than within fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the good back or you have supplied evidence of having sent back the good, whichever is earlier.

You must send back or return the good to us or to our logistics company

DACHSER Biebesheim GmbH
Lise-Meitner-Strasse 2
64584 Biebesheim am Rhein
Deutschland

without undue delay and in any case no later than within fourteen days from the day on which you notify us your decision of withdrawal of this contract. The deadline will be met if you send back the good before the period of fourteen days has expired.

You will have to bear the direct costs of returning the good. These costs are estimated at a maximum of approximately 10 EUR. You only have to pay for any loss of value of the good if this loss of value is due to the handling of the good which is not necessary for the examination of the condition, quality and functioning of the good.

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Terms and Conditions

Paragraph 1 Applicability, Contract Language