TERMS & CONDITIONS OF SALE
1. Purpose and acceptance of the General Terms and Conditions
1.1.These General Terms and Conditions of Sale (hereinafter "General Terms and Conditions") shall apply to any dealings between Health Xtension Science Switzerland SA (company limited by shares governed by Swiss law, registered with the Lucerne Commercial Register under number CHE 183.142.508, having its registered office at Bahnhofstrasse 4, 6048 Horw) (hereinafter "HXS") and any persons (hereinafter the "Client" or "Clients") placing an order on the website www.hxscience.com operated by HXS.
1.2.By placing any order, the Client confirms acknowledgement and acceptance of the General Terms and Conditions. These General Terms and Conditions shall apply to any order placed by the Client (hereinafter the "Order"). Any special terms and conditions mentioned on the website www.hxscience.com (hereinafter the "Site") in relation to the products displayed shall form an integral part of these General Terms and Conditions. In case of any discrepancy between the special terms and conditions and the General Terms and Conditions, the special terms and conditions shall prevail.
1.3.HXS reserves the right to change or amend the General Terms and Conditions at any time, in which case any such changes or amendments shall be immediately applicable to any new order.
2. Products mentioned on the Site and Orders
2.1.All information provided on the Site in relation to products (product descriptions, illustrations, photos, films, dimensions, weight, technical specifications, accessories and other information) is provided for information purposes only and shall under no circumstances constitute a formal guarantee of their characteristics.
2.2.Based on this non-contractual information, the Client may place an order for one or more of the listed products exclusively by way of the process envisaged on the Site and by following the ordering procedure set out on the Site.
2.3.Once finalized in accordance with the ordering process contained on the Site, an Order shall constitute an offer by the Client to purchase the product listed on the Site on the terms and conditions set out on the Site.
2.4.HXS offers its products on the Site to the extent of the stock available.
2.5.When placing any Order, the Client must specify an e-mail address to which any communication from HXS may be sent in connection with the Order. The Client shall be responsible for keeping this e-mail address current and for acknowledging any e-mails sent by HXS. Any communication sent by HXS to the e-mail address specified by the Client shall be deemed received by the Client on the day after it is sent. The Client shall assume all risks relating to the transmission and sending of e-mails.
3. Order confirmation – Firm and non-cancellable Orders
3.1.To place an Order on the Site, the Client must be of the age of majority (18 years of age) or, if the Client is a minor, he or she must be duly authorized to place the Order by his or her legal representative. The Client warrants that all information provided is accurate and accordingly, shall be responsible to HXS for any damage or loss related to inaccurate information.
3.2.Any Order placed by the Client in accordance with section 2 above shall constitute a firm and binding offer to purchase the product(s) concerned. Once the sale has been confirmed by the Client, the Order may no longer be withdrawn by the Client until the Client receives a decision from HXS accepting or refusing the withdrawal.
3.3.HXS shall be free to accept or refuse any Order from a Client without having to provide reasons. HXS will communicate its decision to accept an Order by e-mail sent to the address specified by the Client in the Order from the Client (confirmation of order).
3.4.The confirmation of order will be sent to the e-mail address specified by the Client when placing the Order and will mention the products concerned, the invoice amount and the shipping arrangements for the Order.
4.1.The product prices are expressed in Swiss francs (CHF). Pricing in other currencies is available but is solely for information purpose as the Foreign Exchange Rate used on the Site is only adapted from time to time. The Foreign Exchange rate applicable will be calculated by the payment media provider chosen by the Client upon payment of the order.
4.2.For Clients in Switzerland, the applicable VAT amount is calculated and added during the order process.
4.3.For Clients in the EU, the applicable VAT amount is calculated for information only in accordance with the member state regulation but is NOT added to the order’s amount. The delivery address is the determining factor. The applicable VAT amount must be paid by the recipient upon receipt of the ordered goods at the address specified for delivery.
4.4.For Clients residing in the Rest of the World i.e. outside Switzerland and the EU space, the total amount of the Order is net of any applicable taxes, the Client alone shall be responsible for payment of any import, customs or administrative taxes that may be charged by the country of delivery.
4.5.The Client must also pay the delivery charges indicated on the order form.
4.6.HXS reserves the right to change its prices at any time but agrees to apply the rates listed at the time the Order was placed by the Client.
4.7.HXS reserves the right to cancel an Order if there is a manifest error in the setting of the price of the product ordered.
5.1.Client may choose among the following currencies to pay the Orders: Swiss francs (CHF), Euro (EUR), US dollars (USD), Singapore dollars (SGD), Hong Kong dollars (HKD) or Japanese Yens (JPY).
5.2.Orders may only be paid by credit card. Only the following credit cards are accepted: Visa, MasterCard, American Express and PayPal. The total price billed to the Client is the price set out in the confirmation of order sent to the Client.
5.3.For reasons of security, the name and billing address specified by the Client when the Order is placed must match the name on the credit card used for making payment and the address on file with the credit card company concerned. HXS reserves the right to cancel any order that does not meet this criterion.
5.4.As part of the fight against Internet fraud, information relative to Orders may be transmitted to any competent authority for verification.
6.1.Orders placed on the Site are processed and shipped on working business days only (weekends and public holidays excluded).
6.2.All items available are shipped within thirty (30) business days (weekends and public holidays excluded from the period) following the day on which the Order was placed on the Site. The shipping period indicated is an average period and corresponds to the periods of time required for processing, preparing and shipping the Order.
6.3.If a product or one of the products ordered by the Client is/are not available or temporarily unavailable, HSX will contact the Client at the e-mail address specified in the ordering process.
6.4.In the event that HXS is unable to deliver merchandise within a period of thirty (30) business days (weekends and public holidays excluded from the period), the Client may cancel the Order by sending an e-mail to [email protected] indicating the Order reference number. If the cancellation is valid, the Client will be refunded the price paid by the Client for the Order in full and final settlement. The Client may in no way, shape or form claim any additional damages from HSX.
6.5.The products are delivered to the delivery address specified by the Client in the Order. The risks associated with sending the merchandise to the Client (risk of loss, destruction, wrong delivery address) shall be borne by the Client once merchandise has been delivered by HXS to the carrier designated by HXS. In the case of any error in the address of the recipient, HXS may not be held liable for any inability to deliver the order.
6.6.In case a package is returned to the premises of HSX due to an inability to deliver the package (missed postal deadlines, erroneous recipient address), the Client will automatically be informed by e-mail sent to the e-mail address specified by the Client when the Order was placed. The Client shall be responsible for the charges associated with the return of any unclaimed package and any reshipment.
7. Import taxes
7.1.When ordering products from HXS for delivery outside Switzerland and the EU territory, the client may have to pay import taxes and/or custom duties. The client may also be required to pay a brokerage (handling) fee for the shipment. These charges are separate from our shipping charge and the client will be billed directly for them.
8. Shipping address, phone number and email address
8.1.The client is fully responsible for the full and complete shipping address, phone number and email address. The phone number or email may be used by the shipping company to contact the client regarding the delivery his order.
9. Customs Information
9.1.HXS will not be liable for any product refused or held by customs for delivery. We request that the client contact the custom office of his country and ask about import regulations and restrictions before placing his order. Therefore, HXS will not accept responsibility for any product that has been ordered by the client and subsequently subjected to any form of legal or tax procedure, restriction or confiscation by customs authorities in the destination country.
9.2.HXS cannot at all times have full knowledge of the customs laws and regulations in force in different countries all over the world due to the ever-changing nature of these laws and regulations. Therefore, our delivery guarantee does not cover issues that may arise from this fact and that are beyond our will and our capacity for action. Any request for payment of additional fees, documentation or the confiscation of the order will thus never be our responsibility, nor made through our own initiative
9.3.If the client’s order is returned to HXS due to a banned/restricted products policy, a wrong address, refusal to pay customs fees, refusal to accept the order or because no one was there to accept delivery of the client’s order, HXS will refund the client as follows:
• The client will be refunded the total amount of the order, minus the shipping charge and 20% of the value of the order (as a re-stocking fee). HXS will also subtract any other outside charges which has incurred during shipping, such as additional warehouse fees, return postage fees etc.
• If the cost to return the product to HXS is larger than the cost of the refund due, HXS will instruct the carrier to abandon the order and there will be no credit for the order. If the product (s) is/are seized by customs, there will be no credit processed for the product (s).
9.4.Refunds will not be issued until the returned packages are physically in HXS warehouse.
10. Right of return
10.1. If the Client is not satisfied with the products ordered on the Site, the Client may return the products to HXS within seven (7) business days from the date of delivery of the products. The date of dispatch by the Client of the returned products shall prevail for purposes of determining whether the deadline was met. After this deadline, the Client shall have no right to return any product(s).
10.2. Products that are part of a promotion or sale (as the case may be) may be neither returned nor exchanged. Any items ordered with a discount or promotional coupon (as the case may be) may be neither returned nor exchanged.
10.3. The right of return may only be exercised if the products were not used (new condition, fit for resale). They must be returned in their original packaging, unopened, and be accompanied by all the documentation and all accessories. A copy of the invoice (on which the products being returned must be clearly indicated) must be included with the shipment.
10.4. HXS must be notified in advance by e-mail sent to [email protected] of the intention of the Client to return the products, indicating the Order number and which products the return involves.
10.5. When a return is made in the prescribed manner, HXS will refund the Client for the cost of the products returned, with a deduction for shipping costs (incurred by HXS to send the merchandise to the Client) and an administrative fee of CHF 50.00-, within a maximum of thirty (30) days from the date of receipt by HXS of the returned products. The Client shall be responsible for the costs of any return (from the Client to HXS).
10.6. Any refund will only be made to the credit card used by the Client when the Order was placed. HXS will send e-mail notice once the refund has been made.
10.7. HXS recommends that the Client return products using a delivery service that allows the package to be tracked and that requires the recipient to sign for receipt of the package. HXS denies any liability in the case of non-receipt of products returned by the Client as all risks associated with any return shall be borne by the Client.
10.8. In the exceptional case that a product has been tampered with, the Client is requested to immediately contact HXS by e-mail sent to [email protected]
11.1. The Client is required to verify the condition of the merchandise on delivery. If the Client finds a defect, the Client must notify HXS by regular mail or by e-mail within seven (7) business days of the date of delivery. After this time, the merchandise shall be deemed to be accepted.
11.2. In the case of a defective product, the only warranty offered by HXS consists in an exchange of the product or a refund. Any other warranty shall be excluded (subject to section 199 of the Swiss Code of Obligations).
11.3. The costs of returning (from the Client to HXS) a defective product and the costs of reshipment (from HXS to the Client) of a conforming product will be borne by HXS.
12. Client obligations
12.1. The Client undertakes to use the product purchased in accordance with the instructions provided by HXS and to not resell any samples the Client receives with the Order.
13. Intellectual property
13.1. All elements contained or distributed on the Site are the exclusive property of HXS and are protected by intellectual property rights. This specifically includes, but is not limited to, data, information, texts, photographs, images, animations, illustrations, logos, drawings and graphic designs.
13.2. These elements may under no circumstances be reproduced, downloaded, used, exploited or distributed either in whole or in part for public, private or commercial purposes. Any possible use of a part or the entirety of the aforementioned elements or content is subject to the prior express and written authorization from the holder of the rights.
14. Personal data
14.1. All information collected by HXS will be processed by computer for the purpose of managing the Order from the Client. It may also be used to send newsletters and/or for other commercial purposes. The Client expressly consents to this.
14.2. The Client shall have the right to access, correct and delete information concerning the Client that has been collected by HXS. To exercise this right, the Client may contact HXS Client Service at any time by regular mail or by e-mail sent to [email protected]
15. Health Xtension Science Switzerland SA contact information
15.1. The company contact information is as follows:
Health Xtension Science Switzerland SA
E-mail: [email protected]
Telephone: +41 (0) 41 340 81 82
16. Applicable law and jurisdiction
16.1. This agreement and all of the Orders placed through the Site shall be governed by Swiss law.
16.2. In the event of a dispute, the place of jurisdiction shall be Lucerne.
General Terms and Conditions updated 21.03. 2016. (18/4/2020)
Reproduction is prohibited.
TERMS & CONDITIONS FOR THE UTILIZATION OF HXS WEBSITE
The term 'Health Xtension Science Switzerland AG' or 'us' or 'we' refers to the owner of the website whose registered office is Bahnhofstrasse 4, 6048 Horw, Switzerland. Our company registration number is CHE-183.142.508. The term 'you' refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website which are not the property of, or licensed to, the operator is acknowledged on the website.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Switzerland, Luzern.