TERMS & CONDITIONS OF SALE
1.1 These General Terms and Conditions of Sale (“Conditions”) are applicable to all customers (individually, the “Customer”) of NadiaZ Zuodar, a company duly organized and validly existing under the laws of Switzerland (“NadiaZ”) and having its principal place of business c/o NadiaZ Zuodar, Ch. de Pallin 39, 1009 Pully VD, Switzerland (the “Seller”) and govern the offering, sale and delivery of all of products by NadiaZ (the “Goods”) made through the Online sales E-boutique of the website www.nadiaz.ch. The company is managed by Nadia Zuodar with commercial register : CHE-307.769.758
1.2 The Goods are for the individual use by the Customer only and the Customer may not use the Goods for commercial re-sale or any other commercial purpose. Any resale or distribution of NadiaZ products purchased on www.nadiaz.ch website is strictly prohibited and the Customer hereby agrees and warrants that he/she is purchasing for his own use and will not resell the Goods. For any trade inquiries or orders, please contact the sales department of NadiaZ. by telephone at +41794405593 or by e-mail at email@example.com. NadiaZ reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filed or Goods to be provided to you that we believe, in our sole discretion, may result in a violation of our Conditions.
1.3 The information provided on this website has been carefully compiled by NadiaZ. NadiaZ endeavors to be accurate when describing offered items and other content of this website and continually updates this information; however information, item descriptions or other content on this website is not promised or guaranteed by NadiaZ to be correct, current, or complete, and this website may contain technical inaccuracies or typographical errors. NadiaZ assumes no responsibility (and expressly disclaims responsibility) for updating this website to keep information current or to ensure the accuracy or completeness of any posted information.
2.1 Prices are in Swiss Francs, excluding delivery costs and sales and use tax or any other similar applicable federal, state or foreign taxes, duties, levies or charges in any jurisdiction levied in relation to the Goods or the delivery thereof (“Taxes”) that shall be borne by the Customer. The amount of any Taxes levied in connection with the sale of the Goods to Customer shall be for Customer’s account and shall be added to each invoice.
2.2 Prices also exclude unforeseen costs incurred by missing, incomplete and/or inaccurate documentation and instructions provided to NadiaZ by the Customer.
2.3 The price of any Goods will be as quoted on our website from time to time, except in cases of obvious error. You will be charged the prices displayed on the www.nadiaz.ch website at the time your order was confirmed provide the Goods were available at this time. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Seller’s Confirmation.
2.4 Discounts and promotional discount codes offered by the website are valid only for use as part of a purchase made via the Website, unless otherwise stated and will only be applied as stated in the Seller’s Confirmation.
- ORDER AND VALIDATION
3.1 Orders can only be placed online at the E-shop available on the website www.nadiaz.ch.
3.2 Orders are not binding until accepted by NadiaZ by a Seller’s Confirmation. NadiaZ shall be entitled to refuse an order without indication of its reasons.
3.3 The Goods offered and the prices are valid as long as they can be viewed on the website (www.nadiaz.ch), depending on available stocks. Certain Goods, which are available in limited quantities, may not be available at the time of the order. This information will be supplied to the Customer when the order is placed with the possibility to pre-order for the next batch. Errors or modifications may, exceptionally, occur, notably in the event of a given product being ordered simultaneously by several Customers. The Customer will be informed of any unavailability by email. The Customer may not hold NadiaZ responsible for this in any way. Some Goods offered may be manufactured fresh, require a new batch or to group orders from different Customer. This information will also be supplied to the Customer when the order is placed.
3.4 Maximum purchase policy. NadiaZ produces limited edition and exclusive Goods therefore items availability depends by nature on various factors such as harvest. Therefore, NadiaZ reserves the right to limit Orders to a certain number of units. If so, the Customer will be informed accordingly. If you have any questions please contact the sales department of NadiaZ. by telephone at 0041794405593 or by e-mail at firstname.lastname@example.org.
3.5 By validating the order, the Customer accepts the Conditions without restrictions or reservations. In the event of prolonged inactivity during the connection, it is possible that the selection of Goods chosen before such period of inactivity may no longer be available. The Customer will be asked to recommence selection of the products from the beginning. The Customer will have the possibility, before definitively validating the order, of verifying the order in detail and the total price and correcting any errors, before confirming the order to express acceptance. From the moment at which the Customer validates the order, By Kilian will send an acknowledgement of receipt of the order without delay by e-mail, it being specified that the acknowledgement of receipt of the order does not in any way constitute a confirmation of the availability of the Good(s) ordered nor validation of payment for the order.
3.6 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us, and the sale will only be considered final after confirmation of the order has been forwarded to the Customer by NadiaZ, specifying that the Goods have been dispatched (“Seller’s Confirmation”). Only those Goods actually dispatched will be charged, along with the delivery costs. The contract between us will only be formed when we send you the Seller’s Confirmation. The contract will relate only to those Goods whose shipping we have confirmed in the Seller’s Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the shipping of such Goods has been confirmed in a separate Seller’s Confirmation.
- PERSONAL INFORMATION
4.2 Collection of information from children under the age of 16. If you are under 16 years of age, you may browse our website. However, you may not provide personal information to us. For example, you cannot register or make a purchase. This website is not designed for children and we do not knowingly collect personally identifiable information from any children under 16. NadiaZ does sell Goods for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the NadiaZ website only with involvement of a parent or guardian. NadiaZ reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
- SHIPMENT, DELIVERY COSTS AND DELIVERY TIMES.
5.1 Customer may choose:
– Air Shipping
– Physical Pick-Up at NadiaZ in Pully, Switzerland
Perfumes are considered dangerous goods due to their alcohol content and submitted to specific transportation regulations. It is forbidden by Swiss general post to transport those goods. NadiaZ benefits from a IATA certification that enables the transport of dangerous goods with the transporters the company has set up agreements. At the moment NadiaZ works with Fedex.
5.2 NadiaZ will try as much as possible to work out individual solutions and therefore doesn’t set any limitation to the countries where the company delivers. However NadiaZ cannot be liable to know on each and every country regulation for the import of perfumes and cosmetics. Similarly Fedex and other transporters do not ship to every countries. Whenever an order is placed, NadiaZ will inform the Customer if his/her country does not appear in the Fedex authorization list of countries for dangerous goods and non-dangerous goods delivery. If another shipping provider is found appropriate, for example for the shipping of cosmetics via Swiss post, NadiaZ will inform the Customer.
5.3 Some countries may be valid for shipping but have demonstrated regular difficulties for delivery due to local customs agents practice, transporter practice and other. NadiaZ cannot be liable to know on each country risks, neither the fact that NadiaZ has been shipping regularly to a country prevent the fact that practice may change. As for now countries that have presented problems are Spain, Portugal and Tunisia. Nevertheless, NadiaZ will inform the Customer of any concerns for a specific destination country and agree on the shipping modality with the Customer. Based on that agreement, once the shipment is sent, the Customer will accept the risks inherent to transport and customs clearance in his/her country. NadiaZ will nevertheless endeavor to facilitate communication with the customs and provide the needed documentation.
5.2 Similarly and upon written request, NadiaZ will also accept to ship to a Customer’s Designated Person situated in a different country or gifts to be sent to another address than the Customer. It is the case for countries where no shipping is possible or present difficulties, for example Russia where the regulations prevent the shipping of goods to individuals. In this configuration, NadiaZ responsibility for the delivery of the good will be in the name of the Designated Person. Upon delivery to the Designated Person, NadiaZ will hold no responsibility on the transfer from the Designated Person to the Customer.
5.3 If the value of the order justifies it and a written agreement is reached between NadiaZ and the Customer, NadiaZ may decide to send a representative from Switzerland for a physical hand-to-hand delivery upon an agreed extra-cost to the Customer.
5.4 For any further information or special delivery requirements, the Customer may contact the Customer service for information by leaving a message at email@example.com or by calling us at +41794405593.
5.3 Delivery times will be provided to the Customer via their tracking number, they are generally of of 5-10 days in Europe and USA depending on the speed of the clearance. For the rest of the world 1-3 weeks depending on location. Any times or dates for delivery by NadiaZ are estimates and shall not be of the essence. NadiaZ may inform if the shipping of the order may be delayed for example due to the travels of key staff. NadiaZ takes great care in ensuring the quality of the Goods and customization which usually requires a personal validation by its director. In no event shall NadiaZ be liable for any delay in delivery. Delay in delivery of any Goods shall not relieve the Customer of its obligation to accept delivery thereof. Deviations in quantity of Goods delivered from that stated in Seller’s Confirmation shall not give the Customer the right not to accept the Goods. Customer shall be obligated to pay the rate specified in Seller’s Confirmation for the quantity of Goods delivered.
5.4 The Goods will be shipped to the address indicated by the Customer when the order is placed. It is the responsibility of the Customer to check the state of the packaging and the contents of the order on receipt of the Goods and to indicate any reservations on the delivery docket if the order appears to have been opened or damaged. Signature, without reservation, of the delivery docket by the Customer is deemed to signify acceptance of the order. NadiaZ may not in any case be held responsible for any deterioration in the quality of the Goods and their packaging due to shipment. If the Customer does not accept the parcel except for valid reason agreed in written with NadiaZ, NadiaZ will retain the payment for the order and charge the shipping cost of return to the Customer. The non-acceptance from the Customer to pay for duty taxes does not constitute a valid reason.
5.5 Unless otherwise specifically specified in any written agreement between NadiaZ and Customer, any and all Pick-Up by Customer, shall be deemed to take place at Nadia Z Zuodar, Ch. de Pallin 39, 1009 Pully VD, Switzerland.
6. TAXES AND FEES
All orders include local Swiss taxes, shipment insurance (depending on location and shipment method, a pre-agreed value may be negotiated), all packaging material and all other local Swiss fees. The Customer may, depending on their place and country of destination, have to pay local sales and VAT taxes. The Customer shall duly consult his/her local customs for questions about VAT, customs handling fee and other charges when importing goods from Switzerland.
7. TERMS AND METHODS OF PAYMENT
Payment of Customer purchases is made exclusively credit card or bank transfer at the time the order is placed. The following cards are accepted: Visa, Mastercard, Maestro and American Express. Costs due to exchange rates and administration of international payments shall be born by the Customer.
8. CANCELLATION / RETURN / EXCHANGES/RECYCLING
8.1 Cancellation of order. To be taken into consideration, any request to cancel an order must be made before dispatch of the Goods. This cancellation must be notified directly to the Customer Department of NadiaZ by e-mail to firstname.lastname@example.org
8.2 Return of defective or damaged products. In the event that one or several Goods do not comply with the Customer’s order or are defective or damaged, the Customer must immediately inform NadiaZ in order to obtain a returns authorization number prior to returning any Goods using one of our contact email addresses. If the fault is a result of production we will be happy to have the Goods returned or we will replace it at not costs. If Goods arrive damaged, Customer is required to email NadiaZ immediately with details of the damage and pictures.In most cases, Customer must retain the envelope and any packaging in order for a claim to be made to the courier for damaging Goods in transit.Without all packaging material, Customer will not be entitled to a damaged goods exchange. NadiaZ can take no responsibility for loss or damage to an item once it is signed for by the customer upon delivery by the courier.It is therefore in the Customer’s best interest to ensure that all packaging is intact and undamaged before signing for a delivery.Damaged goods must be reported to NadiaZ within 7 days of receipt.The replacement Goods will be sent to the Customer at the expense of NadiaZ. In the event that the Good(s) returned is/are no longer available, NadiaZ will inform the Customer and will reimburse him/her for the amount of the Good(s) (not including shipment costs) or replace by Goods of the same value. In case a return is processed, NadiaZ will organize a pick up by Fedex at the address it was delivered and the it will be sent in its original packaging to the following address:
Ch. de Pallin 39
1009 Pully (VD)
8.3 Exchange. NadiaZ takes great care in informing you about the Goods and guide you in your selection. Unless specifically requested by writing by the Customer, it is NadiaZ policy to make mandatory the order of Perfume Cards or a Discovery Box before doing a Perfume Set purchase so that to ensure that the Goods meet your expectations. In the event that the Customer is not satisfied with the Goods ordered from NadiaZ, despite the care and attention devoted by the latter to selecting its Goods, no refund or exchange will be allowed.
8.4 Recycling of the Goods’ packaging is promoted by NadiaZ and duly explained on the items’ notices. Cosmetic bottles and jars can be disposed as per the recycling possibilities of the country of the Customer, or sent back to NadiaZ at the Customer expense. For customized decorated perfume bottles, NadiaZ offers a life guarantee to perform refills, as long as the bottle condition allows and upon request from the Customer with the shipping costs to be covered by the Customer.
9. RISK OF LOSS AND TITLE
9.1 All items purchased from NadiaZ are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
9.2 NadiaZ does not take title to returned Goods until the Goods arrive at our warehouse.
10. LIMITED WARRANTY
NadiaZ solely warrants that on the date of delivery the Goods shall conform to the specifications on its website. If and to the extent Goods fail to meet such warranty, NadiaZ may at its own option within a reasonable time either repair or replace the Goods at no charge to Customer, or issue a credit for any such Goods in the amount of the original invoice price. Accordingly, NadiaZ’s obligation shall be limited solely to repair or replacement of the defective goods or give Customer credit for the defective Goods. NadiaZ’s obligation to repair, replace, or credit shall be contingent upon receipt by NadiaZ of timely notice of any alleged non-conformance of Goods and, if applicable, the return of the Goods, in accordance with these Conditions. ALL WARRANTIES MADE HEREIN ARE EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO MERCHANTABILITY OR AS TO THE FITNESS OF THE DESCRIBED PRODUCTS FOR ANY PARTICULAR USE OR PURPOSE. NadiaZ shall not be liable for any loss or damage, directly or indirectly, arising from the use of the described Goods or for incidental or consequential damages, whether Customer’s claim is in contract, negligence or otherwise.Specifically, NadiaZ shall not be liable for any personal injury and/or property damage resulting from the use of the Goods, whether or not used in conformity with their specifications.
11. LIMITATION OF LIABILITY
11.1 We warrant to you that any Goods purchased from us through our website are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.2 NadiaZ shall not be liable for personal injury and property damage resulting from the improper handling, modification, misuse of the Goods by the Customer or any other person following delivery by NadiaZ.
11.3 Our liability for losses you suffer as a result of us violating these Conditions is strictly limited to the purchase price of the Goods you purchased.
11.4 This does not include or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation; or
(c) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 10.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.3 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 10.5.
11.6 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the website.
12. FORCE MAJEURE
12.1 Neither party shall be liable in any way for any damage, loss, cost or expense arising out of or in connection with any delay, restriction, interference or failure in performing any obligation towards the other party caused by any circumstance beyond its reasonable control, including, without limitation, acts of God, laws, statutes, ordinances, regulations, legislative measures, acts of governments or other administrative measures, orders or decrees of any court, earthquake, flood, fire, explosion, war, terrorism, riot, sabotage, accident, epidemic, strike, lockout, slowdown, labor disturbances, difficulty in obtaining necessary labor or raw materials, lack of or failure of transportation, breakdown of plant or essential machinery, emergency repair or maintenance, breakdown or shortage of utilities, delay in delivery or defects in goods supplied by suppliers or subcontractors (“Force Majeure”).
12.2 Upon the occurrence of any event of Force Majeure, the party suffering thereby shall promptly inform the other party by written notice thereof specifying the cause of the event and how it will affect its performance of its obligations under Seller’s Confirmation. In the event of any delay, the obligation to deliver shall be suspended for a period equal to the time loss by reason of Force Majeure. However, should a Force Majeure event continue or be expected to continue for a period extending to more than two (2) months after the agreed delivery date, either Party is entitled to cancel the affected part of Seller’s Confirmation without any liability to the other Party.
13. MODIFICATIONS AND INFORMATION
13.1 Unless specifications have been agreed to be firm for a certain period or quantity of Goods, Seller reserves the right to change or modify any specifications and to substitute materials used in the production and/or manufacture of Goods from time to time without notice. Customer acknowledges that data in Seller’s catalogues, specification sheets and other descriptive publications distributed or published on its websites by Seller, may accordingly be varied from time to time without notice. Any statement, representation, recommendation, advice, sample or other information of Seller in relation to the Specifications, the Goods and the use thereof shall be furnished for the accommodation of Customer only.
13.2 Customer must utilize and solely rely on its own expertise, know-how and judgment in relation to the Goods and Customer’s use thereof and in Customer’s application of any information obtained from the part of Seller for the purposes intended by Customer. Consultation provided by Seller shall not give rise to any additional obligations. Details and information provided with regard to the suitability and use of the Goods shall not be binding and Seller does not assume any liability based on such consultations.
14. COMPLIANCE WITH LAWS AND STANDARDS
NadiaZ makes no promise or representation that the Goods shall conform to any law, statute ordinance, regulation, code or standard (“Laws and Standards”), unless expressly stated in Seller’s Confirmation. Customer acknowledges that the use of the Goods may be subject to requirements or limitations under Laws and Standards. Customer shall be exclusively responsible for (i) ensuring compliance with all Laws and Standards associated with its intended use of the Goods; and (ii) obtaining all necessary approvals, permits or clearances for such use.
Failure by Seller to enforce at any time any provision of these Conditions shall not be construed as a waiver of Seller’s right to act or to enforce any such term or condition and Seller’s rights shall not be affected by any delay, failure or omission to enforce any such provision. No waiver by Seller of any breach of Customer’s obligations shall constitute a waiver of any other prior or subsequent breach.
16. SEVERABILITY AND CONVERSION
In the event that any provision of these Conditions shall be held to be invalid or unenforceable, the same shall not affect in any respect whatsoever, the validity or enforceability of the remaining provisions between the parties and shall be severed there from. The pertaining provisions held to be invalid or unenforceable shall be reformed to provisions satisfying the legal and economic intent of the original provisions to the maximum extent permitted by law.
17. LIMITATION OF ACTION
No action by Customer shall be brought unless Customer first provides written notice to Seller of any claim alleged to exist against Seller within thirty (30) days after the event complained of first becomes known to Customer and an action is commenced by Customer within six (6) months after such notice.
18. GOVERNING LAW AND JURISDICTION
18.1 The parties’ rights and obligations arising out of or in connection with Seller’s Confirmation and/or these Conditions shall be governed, construed, interpreted and enforced according to the Laws of Switzerland without giving effect to its conflicts of laws rules or principles.
18.2 The laws of Switzerland (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement. All disputes arising out of or in connection with the present contract shall be settled under the Rules of Mediations of the Swiss International Chamber of Commerce by one mediator appointed in accordance with the said Rules. The country of mediation shall be Switzerland; the substantive law of Switzerland shall be applicable; the language to be used in the mediation proceedings shall be English or French. Each party waives, to the fullest extent permitted by law, any objection that it may now or later have to (i) the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in a court sitting in Switzerland; and (ii) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum. If such dispute, controversy or claim has not been fully resolved by mediation within 60 days from the date when the mediator has been confirmed or appointed, it shall be settled by the Court of Switzerland under the Swiss law. This clause is severable from the rest of this agreement and shall therefore remains of full force and effect even if this agreement is terminated or cancelled for any reason at any time.
The headings contained in these Conditions are included for mere convenience of reference and shall not affect their construction or interpretation.
These conditions are applicable with effect from December 28th, 2016 and are subject to change at any time without notice.