Terms and Conditions

Scope of Application

These General Terms and Conditions of Sale (“General Terms and Conditions”) apply to the sale of products and services through the website PureHero.com (“Website”). The seller of the products and the owner of the Website is: The Ultimate Cosmetics AG, Webergasse 17, CH-8200 Schaffhausen (“TUC” or “Seller”).
The service governed by these General Terms and Conditions is reserved exclusively for consumers who purchase products for personal use (“Customers”). For the purposes of these General Terms and Conditions, the term “Customer” refers to a natural person of legal age acting for purposes unrelated to their commercial, business, craft, or professional activities, in accordance with the provisions of applicable law.
TUC will not be liable for business losses. Products are supplied for domestic and private use only. If any of the products are used for any commercial, business or re-sale purpose, TUC will have no liability for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).
By placing an order with us through our website, the Customer is confirming to us that they are at least 18 years old.
TUC reserves the right not to process orders that do not comply with these Terms of Sale.
The General Terms and Conditions may be amended at any time by TUC, and any such amendments shall take effect upon their publication in the “Terms & Conditions” section of the Website. Customers are therefore encouraged to visit the Website regularly and check for the most up-to-date version of the General Terms and Conditions. The amended General Terms and Conditions will become an integral part of new contracts entered into between TUC and the Customer, effective as of the first purchase order for Products featured on the Website submitted to TUC following their publication on the Website. In the case of purchase orders for Products featured on the Website that were already submitted prior to such notification, the previous version of the General Terms and Conditions will apply.
The General Terms and Conditions consist of all the clauses contained therein. If any clause of these General Terms and Conditions is deemed illegal, void, or ineffective, such clause shall be deemed severable from the other clauses of the General Terms and Conditions, without affecting the validity of the remaining General Terms and Conditions, which shall therefore continue to be fully in force and effect.

Pre-Contractual Information

Before concluding the purchase contract, the Customer must review the characteristics of the products offered on the Website, which are described in the individual product pages at the time of selection (“Products”).
Before concluding the purchase agreement and before confirming the order with an obligation to pay, the Customer, through the product pages on the Website, is informed regarding: (i) the total price of the goods, including taxes, with a breakdown of shipping costs and any other charges; (ii) payment methods; (iii) shipping methods and the timeframe within which TUC undertakes to deliver the Products to the Customer; (v) the existence of the legal warranty of conformity for the purchased Products.

Conclusion of the Contract

The Customer’s submission of an Order constitutes full and unconditional acceptance of these General Terms and Conditions.
Submitting an Order constitutes a purchase offer for the selected Product, governed by these General Terms and Conditions and binding on the Customer (without prejudice to the right of withdrawal provided for in Article 7 below). Submission of the Order by the Customer entails the Customer’s obligation to pay the price of the Product or Products ordered.
The contract between TUC and the Customer is concluded when the Customer receives the Order Confirmation.
The Customer agrees to verify the accuracy of the personal data contained in the Order Confirmation and to promptly notify TUC of any corrections.
The Customer must retain the Order Confirmation as proof of purchase of the Products.

Information Regarding Products and Their Availability

Product information, including the product code and price, is available on the product description page on the Website. Product images on the Website may differ from the actual product; therefore, Customers must rely solely on the product descriptions and specifications provided on the Website.

Price

The price of the Products listed on the Website is expressed in Swiss Francs/Euros/GBP. Delivery charges, listed separately on the order form, will be added to the price of the Products and will be shown separately.
TUC constantly verifies the accuracy of the prices listed on the Website; however, it cannot guarantee that errors will not occur. In the event of a computer, manual, technical, or any other type of error that could result in a substantial change—unforeseen by TUC—in the retail price, rendering it exorbitant, the purchase order will be considered invalid and cancelled, and the amount paid by the Customer will be refunded within 14 (fourteen) days from the date of cancellation.
The Customer agrees that TUC reserves the right to change its prices at any time without prior notice, provided that the price charged to the Customer will be the one published on the product page at the time the Order is placed.

Shipping and Delivery

Delivery times are those indicated in the Order Confirmation and begin from the moment the Customer receives the Order Confirmation. If no specific delivery date is indicated, the Products purchased by the Customer will be delivered, in any case, within 30 (thirty) days starting from the day following the Customer’s receipt of the Order Confirmation. If the Order consist of more than one Product and not all Products are available at the time of dispatch, delivery of the Products may occur in separate instalments as and when they become available.
The Products ordered by the Customer will be shipped and delivered to the mailing address specified by the Customer in the Order and listed in the Order Confirmation. The delivery address cannot be changed once an order has been confirmed.
Deliveries of Products ordered by the Customer will be made by the carrier selected by TUC for this purpose.
Delivery of the Products to the Customer is considered complete when the Product is made available to the Customer at the delivery address specified in the Order and indicated in the Order Confirmation. Should several delivery attempts be unsuccessful, the purchased product will be returned to TUC, with the provision that, 30 (thirty) days after the date the product was returned to TUC, the sales contract with the Customer will be deemed terminated.
If, before the expiration of the period referred to in paragraph 6.6, the Customer requests to receive the purchased product again, TUC will proceed with a new delivery, after charging the Customer not only for the delivery costs but also for the costs of returning the product to TUC and storage fees.
Once the sales contract with the Customer has been terminated, TUC will refund the total amount paid by the Customer, minus the costs of the unsuccessful delivery, the costs of returning the product to TUC, and storage fees. TUC will notify the Customer via email of the termination of the contract, the amount of the refund due to the Customer, and the amount of the charges to be borne by the Customer. The refund amount due to the Customer will be credited to the payment method used by the Customer to purchase the ordered Products.
If the product purchased by the Customer is not delivered, the Customer may file a complaint via email with TUC to obtain a refund.
TUC will review the complaint and, if it is determined that the failure to deliver or the delay in delivery is attributable to TUC—without prejudice to the Customer’s right to seek remedies available under applicable law— TUC will refund the total amount paid by the Customer—consisting of the purchase price, shipping costs, and any other additional charges, as indicated in the Order and the Order Confirmation—as soon as possible and, in any event, within 30 (thirty) days from the date on which the Customer is notified of the outcome of the complaint.
It is understood that the refund requested by the Customer for a product delivered late is contingent upon the return of the product to TUC. In such cases, the Customer is not entitled to any further compensation for damages.
In all of the above cases, the refund amount will be communicated to the Customer via email and credited to the same payment method used by the Customer for the purchase. Any delays in crediting the amount may depend on the bank or the type of credit card used for payment. In any case, the value date of the credited amount will be the same as that of the original charge.
The Customer is responsible for verifying the condition of the Product delivered to them. If the packaging of the Product delivered to the Customer shows obvious signs of tampering or alteration, these must be immediately noted in writing to TUC.

Right of Withdrawal

Without prejudice to any mandatory provisions more favourable to the Customer under applicable law (i.e., consumer protection laws) and with the express exclusion of purchases of clearly personalized goods or the supply of sealed goods that cannot be returned for hygienic reasons or reasons related to health protection and have been opened after delivery, the Customer has the right to withdraw from the contract, without specifying a reason, within 14 (fourteen) days from the date on which the Customer (or their authorized representative upon receipt of the Product) physically takes possession of the Product.
An essential condition for exercising the right of withdrawal is that the Product to be returned to TUC must be substantially intact. Products to be returned to TUC must not have been damaged, altered, or tampered with, and the two seals of authenticity must be intact and must be returned in their original packaging via registered mail with return receipt requested.
The Customer may exercise their right of withdrawal: (i) by means of an explicit statement containing their decision to withdraw from the sales contract entered with TUC, to be sent by email to info@purehero.com.
In the cases provided in the above art. 7.3, the Customer must include a picture of the product and a copy of the withdrawal form found in the box, if not filled in. Within 14 (fourteen) days from the day on which the Customer notified TUC to withdraw from the contract, the Customer must ship the purchased Product(s), properly protected and packed in their original packaging, accompanied by all applicable accessories.
The direct costs of returning the Products following the Customer’s withdrawal shall be borne by the Customer.
Subject to the right to verify compliance with all of the above, TUC will proceed, as soon as possible, and in any case within 14 (fourteen) days from the date on which TUC is informed of the Customer’s decision to withdraw from the contract, to refund the amounts paid by the Customer for the purchase of the Products subject to withdrawal. The refund amount will be communicated to the Customer via email and credited to the same payment method used to purchase the ordered Products. The value date of the refunded amount will be the same as the date of the original charge.
TUC may withhold the refund of the amounts paid by the Customer for the purchase of the Products subject to withdrawal until the Products ordered by the Customer have been returned or until the Customer has provided proof that such Products have been shipped back to TUC.
TUC reserves the right to refuse the return of Products that are damaged, soiled, or in a condition that unequivocally suggests they have been used for purposes other than the Customer’s strictly necessary inspections to verify their characteristics.
This is without prejudice to the application of any mandatory consumer protection provisions that may be more favorable under the law of the country where the Customer has their habitual residence, particularly with regard to the deadline for exercising the right of withdrawal, the deadline for returning the goods in the event of exercising the right of withdrawal, and the procedures for notifying TUC of such withdrawal.

Payments

The Customer shall pay the full price of the purchased Products at the time the Order is placed.
To prevent online fraud, credit card payments for Product purchases made through the Website are processed online by TUC’s bank and the company that manages the credit card selected by the Customer. TUC’s bank and the company that manages the credit card selected by the Customer are responsible for storing and automatically processing, in a secure environment, the information related to each order, including financial information. All financial information, such as the credit card number and expiration date, is directly managed by TUC’s bank and the company that manages the credit card selected by the Customer. The entities that manage the Customer’s financial information provided by the Customer when paying for the Order ensure the security of online transactions. TUC never has access to the Customer’s credit card details and is therefore unable to store or retain them in any way.
To manage payments processed through the Website, TUC uses a secure payment tool based on customer authentication and the confidentiality of all data. To ensure this security, the payment system used by TUC employs proven encryption techniques and complies with applicable banking regulations in Switzerland.
The Customer’s credit card will be charged at the time the Order is submitted. Please note that any bank fees will be borne exclusively by the Customer, even in the event of a refund.
In the event of non-payment, TUC will charge the Customer for the costs associated with managing the outstanding balance, and TUC will reject the corresponding purchase order placed by the Customer, notifying the Customer via email.

Lack of Conformity

The characteristics of the Products are those published on the Website.
The images of the Products displayed on the Website are for illustrative purposes only and are not binding. TUC therefore assumes no liability regarding the accuracy or completeness of such images. All technical specifications and prices of the Products are subject to change without notice. TUC undertakes to describe and present the Products offered for sale on the Website in the best possible manner. Nevertheless, there may be some errors, inaccuracies, or minor differences between the depiction of the Products on the Website and the actual product. Furthermore, the photographs of the Products presented on the Website do not constitute a contractual element, as they are merely illustrative. The images and colors of the Products presented on the Website may differ from the actual ones due to the local settings of the systems and/or tools used to view them.
In the event of a lack of conformity of a product, subject to the application of any mandatory consumer protection provisions that may be more favorable under the law of the country where the Customer has their habitual residence, the Customer is entitled to have the Product brought into conformity, at no cost, through repair or replacement. Should these remedies fail, the Customer is entitled to an appropriate price reduction or to terminate the contract. The Customer forfeits these rights if they do not report the lack of conformity to TUC within two months of the date on which they discovered the defect. TUC is liable when the lack of conformity becomes apparent within two years of the product’s delivery. The right to assert claims for defects not fraudulently concealed by TUC expires, in any case, twenty-six months after delivery of the Product. In the event of termination of the contract, TUC will refund the Customer the total amount paid, consisting of the purchase price and any other additional costs. In any case, the amount to be refunded to the Customer will be communicated to the Customer via email and credited to the payment method used by the Customer to purchase the Products. Products that have been repaired, modified, or altered in any way by the Customer are excluded from the warranty of conformity.
Products with defects or flaws must be returned to TUC in accordance with the procedures and methods agreed upon with TUC, provided that the costs of returning defective Products to TUC will be borne by TUC. Failure to follow the correct procedure for returning defective Products to TUC precludes any claim against the carrier and/or TUC, including the right to a refund of the Order and/or the redelivery of the ordered Products.
Once the Products are received, TUC will verify that they are indeed defective, damaged, or do not match the description provided on the Website. If this verification is positive, TUC will replace the defective, damaged, or non-conforming Product and ship it to the Customer as soon as possible and, in any case, within 30 (thirty) business days of receiving the defective Products. Shipping costs will be borne entirely by TUC. If TUC is unable to replace the Products within the aforementioned timeframe, TUC will immediately notify the Customer at the email address provided at the time of registration and will refund the Customer the cost of the defective, damaged, or non-compliant Products, as well as the shipping costs, provided the Customer provides proof of the cost incurred to return the Products. TUC will issue a refund for the purchase price of Products that are defective, damaged, or do not match the description provided on the Website using the same payment method chosen by the Customer for the purchase of the Products. The refund will be processed as soon as possible, and in any case within 30 (thirty) business days from the date TUC receives the Products.
If, after examining the returned Products, TUC reasonably determines that the Products cannot be considered defective, damaged, or non-compliant with the description on the Website, the Customer will not be entitled to a refund, and the Products will be returned to the Customer at the Customer’s expense.

Warranties and Intellectual Property Rights

The “TUC” trademark, as well as all figurative and non-figurative trademarks and service marks appearing on the Products, their accessories, and/or packaging, and design marks—whether registered or not—as well as all illustrations, images, and logos protected by copyright, and, more generally, all intellectual property rights relating to the Products are and remain the exclusive property of the following company: “The Ultimate Cosmetics AG.”
The reproduction, modification, alteration, or use of such trademarks, logos, images, and illustrations for any reason and on any medium is strictly prohibited.

Liability

12.34.TUC undertakes to correct any errors in the descriptions of the Products offered on the Website as soon as possible after they are reported. Such errors may be reported by contacting TUC.
12.35.TUC assumes no liability for service disruptions attributable to force majeure or unforeseeable circumstances, including those resulting from malfunctions or disruptions of the internet, in the event that it is unable to fulfill the order within the timeframes specified in the contract.
12.36.Under no circumstances shall TUC be held liable for the breach of any of its obligations arising from these General Terms and Conditions if such breach is caused by unforeseeable circumstances and/or force majeure, where “force majeure” means any event that, is beyond TUC’s control and is such as to prevent TUC from performing the contract entered into with the Customer or to make the performance of such contract excessively burdensome for TUC in relation to the price of the Products purchased by the Customer.
TUC shall not be liable for damages of any kind arising from the improper use of the Products and/or use not in accordance with application instructions, nor for damages arising from unforeseeable circumstances or force majeure. TUC shall have no liability whatsoever for any loss, damage, cost, expense or claim arising out of or relating to: (i) any improper, negligent or unauthorized use, handling, storage, processing or application of the Products; (ii) any use of the Products not strictly in accordance with TUC’s specifications, technical documentation, instructions, recommendations or warnings; (iii) any modification, alteration or combination of the Products with other products, materials or components not expressly approved by TUC; or (iv) any unforeseeable event, force majeure event or circumstance beyond TUC’s reasonable control.
The Customer shall be solely responsible for determining the suitability of the Products for its intended use and for ensuring compliance with all applicable laws, regulations and industry standards.

Governing Law and Jurisdiction

13.39.Contracts entered into between Customers and TUC regarding the purchase of Products presented on the Website are governed by Swiss law, excluding the application of its conflict-of-laws principles and expressly excluding the Vienna Convention on the Sale of Goods. This is without prejudice to the application of mandatory consumer protection provisions that are more favorable under the law of the country in which the Customer has his or her habitual residence. Any dispute regarding the application, performance, or interpretation of these General Terms and Conditions shall be subject to the jurisdiction of the court in the place where the Customer resides or has elected domicile.

The Customer hereby declares that they specifically approve in writing the following unfair terms of the General Terms and Conditions, according to the mandatory consumer protection laws applicable: Article 7 (right of withdrawal); 9 (lacks of conformity); 11 (liability); and 12 (governing law and jurisdiction).

APPENDIX A

Standard Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)

I/We(*) ______________________________________ hereby give notice of withdrawal from

my/our (*) sales contract for the following goods __________________________________________________________________________________________________________________

Ordered on _________________________ and received on _________________________________________________________________________.

[Name of consumer(s)]

[Address of the consumer(s)]

[Signature of the consumer(s)] (only if this form is submitted in paper form)

Date

(*) Delete as appropriate.