General Conditions of Nuvola Sàrl
1. Scope
These General Conditions of Sale ("General Conditions", "Terms of Service", "Terms & Conditions" or "GTC") are applicable to all activities provided by the Company Nuvola Eco Sàrl (hereinafter the "Company"), company located c/o Anna Korotajeva-Tornaghi, Grand-Rue 3, 1169 Yens.
The company sells skin care products, makeup, accessories and textiles.
These General Conditions apply to all sales made by the Company, whether through the Company's website (www.nuvola.eco), through resellers, through sales made by telephone, email, oral declaration or by any other manifestation of will.
By accessing and using the Company's website, in particular by purchasing the Company's products, the customer acknowledges being bound by these General Conditions, which he declares to have read and understood.
The Company reserves the right, at its sole discretion, to modify these General Conditions at any time. It is the customer's responsibility to consult them regularly in order to stay informed of any changes. The Conditions applicable at the time of the conclusion of the contract by the customer apply, unless the customer has expressly agreed in writing to other provisions.
2. Conclusion of the contract
The contract is concluded when the customer accepts the offer made by the Company in connection with the purchase of the Company's products.
The contract is in all cases concluded as soon as the customer orders products on the Company's website or when when the products are purchased directly.
The Company reserves the right to exclude customers from orders without giving reasons. In such case the order will be cancelled and the amount refunded in full.
3. Price
Unless otherwise agreed, all prices are quoted in Swiss francs (CHF). The Company reserves the right to indicate prices in other currencies according to the countries in which its products will be sold.
All prices offered include additional amounts relating to value added tax (VAT), where applicable. The applicable VAT rate is determined according to the country concerned.
The prices do not include any additional taxes which may apply.
Prices do not include postage.
The Company reserves the right to modify its prices at any time. The prices indicated on the Company's website apply at the time of conclusion of the contract.
4. Payment
The Company offers the customer the following payment methods: Credit card, PayPal, TWINT, invoice.
Generally, the sale price must be fully paid by the customer upon conclusion of the contract. The Company will send the ordered products as soon as the sale price is paid.
When invoice payment is selected the customer will receive by e-mail a copy of the invoice and the payment instructions. The products will be reserved for 10 days from the date the e-mail is sent, after this period if the payment isn’t received the order will be cancelled.
In certain cases, the Company may, at its sole discretion, issue an invoice to the customer and send her the products ordered before the sale price has been paid.
5. Delivery
Delivery days shown on the order form and order confirmation are working days.
If timely delivery is not possible, the customer will be informed of the new delivery date or the availability of the product within 5 (five) working days of the order. The Company will endeavour to offer her an alternative.
If the Company or its suppliers are not able to perform within the prescribed deadlines due to force majeure the Company is released from the obligation to perform its service during these cases of force majeure as well as during an appropriate period of time following the end of these events. If the case of force majeure lasts more than 30 (thirty) days, the Company is entitled to withdraw from the contract. The Company must then fully reimburse the sums already paid by the customer.
All other claims, in particular those relating to claims for damages resulting from a case of force majeure are excluded.
The service provided by the Company is considered to have been performed when the products are delivered to the carrier chosen by the Company.
The Company cannot be held liable if delivered parcels cannot be found. Delivered means that the shipment has reached its destination, and the date and time of delivery have been recorded by the carrier.
6. Returns and Exchange
The exchange and return of products is excluded. Except for defected products, meaning that the usability for the purpose for which the product is designed and manufactured is compromised.
The customer must inform Nuvola Eco by e-mail at info@nuvola.eco as soon as possible. Instructions on how to return or exchange the defective products will be emailed.
Excluded from this are defects which can be traced back to improper use.
7. Liability
Any liability for indirect or consequential damage is excluded.
The Company assumes no liability for the handling and use of the delivered products or for incompatibilities on ingredients.
Claims for damages due to incorrect illustrations, descriptions or prices on the Company website as well as late delivery are excluded.
Liability for direct damage is limited to the selling price of the product. The customer is required to immediately inform the Company of any damage.
8. Intellectual property rights
Neither these General Conditions nor the individual agreements relating to them, include the assignment of intellectual property rights, unless this is expressly provided for.
In addition, any reuse, publication or dissemination of information, images, texts or any other elements that the customer receives in connection with these provisions are excluded, unless they have been expressly authorized by the Company.
The customer and website user must ensure that he does not infringe any intellectual property rights of third parties when using content, images, texts or figurative elements, when using them in relation to the Company.
9. Data protection
9.1 Personal Data
The Company must process and use the personal data collected at the time of the conclusion of the contract in order to fulfil its contractual obligations and to the extent necessary to deliver the goods and settlement of payments. The Company takes all necessary measures to ensure personal data protection in accordance with legal provisions. Data protection legislation applies.
9.2 Cookies
The Company may uses cookies on the website pages to enable the use of certain functions. The website user may refuse the use of cookies by limiting or turning off cookies in their browser, this may prevent the use of certain features in the website. A cookie is an alphanumeric identifier what enables to recognise a user when visiting the Company's website and improve service. The information is used to track visitor use of the website and to compile statistical reports on website activity.
9.3 Web Analytics
The Company website may use Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses cookies. Google will use this information on behalf of the Company to evaluate the use of the website by visitors and customers, compile reports on website activity and provide the Company with other services related to website usage and internet activity. The customer and website user can prevent the data generated by the cookie about the use of the Company website (including IP address) from being sent to and processed by Google by downloading the Google Analytics Opt-out Browser Add-on.
9.4 Facebook Pixel
The Company website may use visitor activity pixel of Facebook. The provider of this service is Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. According to Facebook’s statement the collected data will be transferred to the USA and other third-party countries too.
This tool allows the tracking of page visitors after they have been linked to the website of the provider after clicking on a Facebook or Instagram ad. This makes it possible to analyze the effectiveness of Facebook ads for statistical and market research purposes and to optimize future advertising campaigns.
For the Company as the operator of this website, the collected data is anonymous. The Company is not in a position to arrive at any conclusions as to the identity of users. In Facebook’s Data Privacy Policies, you will find additional information about the protection of your privacy at: https://www.facebook.com/about/privacy/.
10. Completeness
These General Conditions replace all previous agreements or provisions. Only the provisions provided for in individual contracts which specify these General Conditions take precedence over them.
11. Severability Clause
The validity of these General Conditions will not be affected if one of its provisions or one of its annexes is or should be declared void.
12. Applicable law / Place of jurisdiction
These General Conditions are subject to Swiss law.
The courts located at the place of the registered office of the Company are competent to settle any dispute between the parties, unless otherwise mandatory legal provisions.
The Company is free to bring legal action at the domicile of the defendant.
This contract constitutes an acknowledgment of debt within the meaning of article 82 of the Federal Debt and Bankruptcy Law (Loi fédérale sur la poursuite pour dettes et faillites (LP).
The application of the United Nations Convention on the International Sale of Goods (RS 0.221.211.1) is expressly excluded.
13. Gift Card
Gift cards are only issued in electronic format and can only be used for the purchase of products sold by Nuvola.eco. A gift card credit is not paid in cash and does not generate interest. The gift card can be redeemed on the website Nuvola.eco for 24 months from the date of purchase of the gift card, after which it expires without the right to exchange.
For payments on Nuovla.eco, the gift card code must be entered in the corresponding fields.
If the gift card credit is not sufficient for the order, the difference can be settled with the payment options offered by the Company.
The gift card must be redeemed in one transaction and can’t carry any residual credit balance.
If payment is not possible due to a technical fault, the Company reserves the right, in isolated cases, to refuse payment by gift cards.
14. Contact
For any question or request for information, the customer can send an email to the following E-Mail address: info@nuvola.eco