- Information on the website offers and prices.
- Order and delivery.
- Delivery and delivery deadline.
- Products delivered in error.
- Vouchers and bonus program.
- Shipping costs.
- Warranty and liability disclaimer.
- Right of cancellation.
- Methods of payment and invoicing.
- Partial invalidity / Validity preserving reduction.
- Applicable law / place of juristriction.
- Changes to terms and conditions.
These Terms & Conditions (T&Cs) apply to all orders which are submitted by individuals domiciled in Switzerland via the online shop of the company Mags Fleming Hair, www.magsfleminghair.com (hereinafter referred to as Mags Fleming Hair). Mags Fleming Hair provides all services exclusively on the basis of these Terms and Conditions. By submitting an order, the customer expressly consents to these T&Cs. These form an integral part of the contract between the customer and Mags Fleming Hair.
2. Information on the website/offer/prices
2.1 The information at www.magsfleminghair.com is taken, in part, directly from the manufacturers or from experts, ambassadors and authors respectively, and is compiled in a structured and customer-friendly way by Mags Fleming Hair for the customers.
2.2 All information provided at Mags Fleming Hair is without engagement, and any form of liability is rejected. Mags Fleming Hair also excludes in particular, within the framework of statutory regulations, any form of engagement and liability for how correct, complete and up-to-date the information is.
2.3 We reserve the right to make changes to the prices and to the range at any time.
2.4 Images of all products and illustrations and are not colour-binding and sometimes designs can change. As such, they can deviate from the original.
2.5 The current prices are published on the Internet at www.magsfleminghair.com.
2.6 The prices are mutually binding at the point of order. If mistakes or errors have been made with the stated price, Mags Fleming Hair reserves the right to make subsequent price changes. In this case, the customer shall be informed and is not obligated to take receipt of the products affected by the price change.
2.6 All prices are stated in Swiss francs (CHF).
2.7 In addition to the stated prices, shipping costs which are expressly stated on the article webpage shall be incurred, depending on the type of shipping.
3. Order / Delivery
3.1 An order shall become binding for the customer when they click on the “order” button. This confirms the order on the webpage on which the complete overview of the order is displayed, at the end of the order process.
3.2 The customer shall then receive without delay a corresponding confirmation of receipt email from Mags Fleming Hair after placing the order, which is sent to the email address specified by the customer. Up until the point in time when an order is shipped, Mags Fleming Hair reserves the right, in a separate email to the customer, to reject the order or to reduce the order amount, through which no contract is created between the customer and Mags Fleming Hair, respectively a contract governing the reduced order amount. Unless of course, the customer informs Mags Fleming Hair without delay that they have no interest in receiving a reduced order amount.
3.3 In particular, Mags Fleming Hair reserves the right to reject an order if a legal dispute exists with the customer, in particular in connection with a failure to make payments for previously existing orders or service with Mags Fleming Hair, or whether other invoices due for payment by the same person or another person living within the same household remain open.
3.4 The complete and correct statement of delivery address remains the responsibility of the customer. If an error in the delivery address is made by the customer and, under the circumstances, delivery is not possible, Mags Fleming Hair may entirely abandon the delivery of the product without the possibility of a claim being made for a replacement or for damages.
3.5 Mags Fleming Hair provides vouchers which can be redeemed against both products and hair services. These are provided at her own discretion. Vouchers redeemed against products are valid for the whole of Switzerland. Vouchers redeemed against hair services must be within a reasonable travel time from the registered business address at Lenzburg. As a guide, the maximum travel time should be considered to be one hour.
3.6 Vouchers issued from Mags Fleming Hair are non-refundable and have an expiry date of one year from date of purchase.
4. Delivery and delivery deadline
4.1 Mags Fleming Hair shipping policy envisages that products ordered will be shipped within three days of confirmation of payment. Orders received in holiday times will be shipped directly on return from holiday.
4.2 With merchandise which is not currently in stock, the time of shipping can be further delayed, depending on the manufacturer’s product availability.
4.3 Mags Fleming Hair can only be held liable for delays in delivery and the resulting consequences, insofar as these were caused by the grossly negligent or deliberate breach of contract by Mags Fleming Hair. For all other delays in delivery and the resulting consequences, including delays due to the Postal Service, or third parties, Mags Fleming Hair shall accept no liability.
5. Products delivered in error
Articles delivered in error or in too large a quantity are to be returned immediately in their original packaging, at the latest within 7 days. All articles not returned within this deadline will be invoiced. The costs incurred for the return of merchandise shipped in error shall be borne by Mags Fleming Hair. The costs of return will be reimbursed to the customer beforehand by bank transfer.
6. Vouchers & Bonus programme
A maximum of one voucher can be redeemed per order. At the end of the order process, the voucher code is entered into the designated field. The corresponding amount is then deducted directly from the current order. Vouchers which exceed the order amount cannot be reimbursed.
7. Shipping costs
The customer has the choice, when completing an order, between a shipment by “Economy” or”Priority” tariff or express shipping. Costs can vary according to order weight. Delivery will be free when combined with a scheduled hair appointment with Mags Fleming hair.
8. Warranty and liability disclaimer
8.1 Mags Fleming Hair guarantees that the products are free from damage at the point in time of shipping. Products which were damaged during shipping shall be repaired or replaced at the discretion of Mags Fleming Hair, insofar as the customer informs Mags Fleming Hair by email within 7 days of receipt of the merchandise. If desired by Mags Fleming Hair, the customer is required to return the delivered products in the original packaging without delay to Mags Fleming Hair, the shipping costs for this shall be borne by Mags Fleming Hair.
8.2 Furthermore, Mags Fleming Hair shall be liable to the customer for damages, insofar as such liability for Mags Fleming Hair is determined by the Swiss Product Liability Act.
8.3 Every other form of warranty for the delivered products and every liability for damages which are caused by these products, is excluded unless Mags Fleming Hair has fraudulently concealed the respective product defects. If, however, Mags Fleming Hair can assert further warranty claims against its suppliers for the affected product, Mags Fleming Hair shall, where possible, transfer these claims to the customer upon request. Mags Fleming Hair does not accept any responsibility that these claims can be asserted successfully. The same applies to any kind of claims which Mags Fleming Hair can assert against the Postal Service for damages which occurred during transport.
8.4 In particular, Mags Fleming Hair does not warrant that the products are suitable for the customer’s intended application, or that they deliver a particular result. Furthermore, the warranty also excludes damages which are the responsibility of the purchaser, e.g. the consequence of the inappropriate use of the product, or damages from external influences which are not the responsibility of the seller such as, for example, damages which have occurred during transport.
9. Right of cancellation / Right of return
9.1 Customers have the right to return the goods within 14 days after delivery of the goods. The right of return will be exercised by the return of the goods; it is not necessary to provide reasons for the return. The goods to be returned must be sent to:
Mags Fleming Hair
9.2 Returned products and packages respectively will only be accepted in a suitable condition, i.e. unused, unopened, undamaged and in their original packaging.
9.3 The exercising of the right of return results in the conversion of the purchase contract into a reverse handling relationship according to which the services received within the framework of the purchase contract have to be reimbursed. The costs incurred for the return shall be borne by the customer.
9.4 After receipt of the goods, a purchase price already paid will be reimbursed to the customer immediately.
10. Methods of payment and invoicing
10.1 Orders made via the website www.magsfleminghair.com are to be paid for, in principle, in advance using the payment methods stated on the website www.magsfleminghair.com. The following payment methods are at your disposal: Credit card (Visa, Mastercard), Twint or cash on delivery. In certain circumstances bank transfers can be arranged by emailing Mags Fleming Hair.
10.2 Up until the point in time when payment for the ordered products is made in full, or payment confirmation is received through the credit card provider, the delivered products shall remain, in any case, the property of Mags Fleming Hair.
11. Data protection
11.1 The data required for operational processing will be stored and managed for the relevant purposes, and forwarded if needed in the context of processing an order, to associated companies or contractors such as, for example, the Postal Service. All personal information is treated as confidential.
11.2 Under “My account” the customer has the possibility, at any time, to change his or her personal information.
11.3 Mags Fleming Hair endeavors to conform within all current GDPR guidelines (general data protection regulations) Mags Fleming Hair uses and processes personal data in order to maintain customer relationships, and for its own marketing purposes. The customer always has the possibility of stopping this automatic evaluation by unsubscribing. If no form of automatic personal evaluation is desired, the customer can also submit their objection by email at any time.
11.4 Customers may receive newsletters and offers from Mags Fleming Hair. It is possible to unsubscribe at any time.
12.1 The liability for product defects or damages caused by such defects is determined exclusively pursuant to Section 8. For damages resulting from delayed delivery, Section 4 shall prevail exclusively.
12.2 Furthermore, Mags Fleming Hair shall exclude, within the framework of valid statutory regulations, any other form of the liability to the customer in association with the products, the use or the (non-) availability of the website www.magsfleminghair.com and resulting damages. This means that, for example, the assertion of claims resulting from the impossibility of service provision, non-fulfilment and from unauthorised action is excluded, both against Mags Fleming Hair and against its vicarious agents, insofar as there is no evidence of intentional or grossly negligent action.
13. Partial invalidity / Validity preserving reduction
To the extent that any provision of these Terms & Conditions should be invalid in whole or in part, this does not affect the validity of the remaining provisions and their purpose. In place of the invalid provisions, the relevant legal provisions shall apply.
14. Applicable law / Place of jurisdiction
The contract is exclusively subject to Swiss law. The place of jurisdiction for all disputes with Mags Fleming Hair is – subject to any divergent place of jurisdiction within federal law – Niederlenz, Switzerland.
15. Changes to Terms & Conditions
Mags Fleming Hair expressly reserves the right to adjust the present Terms & Conditions to circumstances at any time and to apply these with immediate effect to subsequent orders.
Niederlenz, 11.Nov 2020