Terms and Conditions
TERMS AND CONDITIONS OF SALE1. Introduction
1.1. The sale of “PAUL BALM” branded products (“Products”) through the online shop www.paulbalm.ch, www.paulbalm.de and www.paulbalm.com (“Shop”) is governed by the following Terms and Conditions of Sale, as amended from time to time (“Terms and Conditions”).
1.2. The Products are sold directly by PAUL BALM GmbH in Switzerland.
1.3. The sale of Products through the Shop is restricted to consumers (hereinafter referred to individually as “Customer” or, collectively, “Customers”) meaning natural persons acting for purposes that are not related to business, commercial, entrepreneurial, artisanal or professional activities. Customers must be over the age of 18 years and capable of concluding a legally binding contract. If a person is under 18 years of age and wishes to place an Order, the person must obtain the consent and agreement of his or her parent or guardian to the Terms and Conditions. The parent or guardian will be the Customer for the purposes of the Terms and Conditions.
1.4. The resale or transfer of the Products purchased on the Shop for any commercial or professional purpose whatsoever is expressly prohibited.
1.5. The Products offered for sale on the Shop may only be purchased if to be delivered to a physical address in Europe and in USA (excluding P.O. Boxes, poste restante or freight forwarder addresses). Please contact us on email@example.com if your address is outside these regions. We will be happy to check if a shipping to your country is possible.
1.6. The languages used to execute sale contracts through the Shop are: English, or German. The English and German versions of such sale contracts shall be equally valid, however, in the event of any discrepancy, the English version shall prevail.
1.7. The Terms and Conditions are published on the Shop for Customers’ information and record-keeping purposes.
1.8. The purchase of the Products is exclusively governed by the Terms and Conditions published on the Shop and in force at the time of the relevant purchase.
1.9. Subject to sections 1.10 and 1.11, PAUL BALM reserves the right to amend and/or replace the Terms and Conditions at any time.
1.10. Any amendments to and/or replacement of the Terms and Conditions shall only be effective in respect of purchases of Products made after the date that the amended or new version of the Terms and Conditions is published and is stated to take effect.
1.11. If PAUL BALM amends or replaces the Terms and Conditions, any previous version of the Terms and Conditions will not apply to any purchases made after the amended or replaced Terms and Conditions come into effect.
2. Product availability
2.1. The Customer acknowledges that the Products are limited in quantity and he/she is therefore aware that PAUL BALM needs to check the availability of Products at the time an Order is placed.
2.2. Occasionally, certain Products may become unavailable. In such circumstances, PAUL BALM will inform the Customer promptly (and in any case within the deadlines specified below) by email that the order placed by the Customer (“Order”) has been cancelled. All Orders placed by Customers are subject to acceptance by PAUL BALM in accordance with section 4. PAUL BALM gives no undertaking as to the availability of the Products. In case of cancellation by PAUL BALM, payments made in advance will be credited. Deviations in the amount may occur due to currency exchange rates.
In the event the Products ordered by the Customer are only partially available, PAUL BALM will inform the Customer the Products which are unavailable and upon receipt of confirmation from the Customer agreeing on the change, accept the Order in respect of the Products which are available.
2.3. PAUL BALM reserves the right to vary the Products offered for sale on the Shop at any time without prior notice.
3. Purchasing process
3.1. Each Product offered for sale on the Shop can be viewed by following a dedicated link displaying the Product details, including images, unit pricing, colours, sizes (as applicable).
3.2. The Customer may purchase one or more Products. PAUL BALM reserves the right to vary these limitations at its discretion at any time.
3.3. The Products selected for purchase by the Customer shall be placed into the Customer’s ‘Shopping Cart’ section of the Shop (“Shopping Cart”). Items placed in a Customer’s Shopping Cart are not reserved for that individual Customer and may still be purchased by other Customers.
3.4. A description of the Products will be displayed in the Customer's Shopping Cart.
3.5. Although PAUL BALM takes reasonable steps to ensure that the photographs displayed on the Shop accurately reflect the original Products, there may be some discrepancies due to the technical characteristics and color resolution of the device used by the Customer. PAUL BALM shall not be responsible for inadequacy of the graphic representations of the Products displayed on the Shop. Any measurements of the Products given are approximate only, and colors, fabrics and designs of the Products displayed, and the Products delivered to the Customer, may vary in minor respects.
3.6. To view the Products selected and the total price of any proposed Order, the Customer may visit the Shopping Cart page.
3.7. Before confirming the relevant Order, the Customer must check the accuracy of the contents of the Shopping Cart and complete the Order form in accordance with the instructions provided on the Shop.
3.8. The Order process is completed as soon as the Customer clicks the relevant final Order confirmation button (“Pay now”), thereby confirming his/her Order, which will be submitted to PAUL BALM.
3.9. After clicking on the Pay now button, the Customer will not be able to modify the contents of the Order but may cancel the Order within 24hrs by notifying PAUL BALM’s Client Service at firstname.lastname@example.org, unless his/her Order relates to one or more Products indicated as not refundable.
3.10. Before clicking on Pay now, the Customer must confirm that he/she has read and accepted the Terms and Conditions. At the end of the Order process, the Customer should save or print the Terms and Conditions for future reference.
3.11. If the Order process is not completed, the Order will not be submitted to PAUL BALM for processing.
3.13. Customers who have registered for an account on the Shop may check their Order status by logging on to their account on the Shop and accessing the ‘Order history’ page.
3.14. The Customer must ensure that any data entered on the Shop or otherwise provided to PAUL BALM in relation to a purchase is accurate, complete and up-to-date.
3.15. The Customer acknowledges that most PAUL BALM Products may not be available for immediate delivery at the time of placing his/her Order. If the Customer needs to receive a Product immediately or before a certain date, he/she can contact us on email@example.com. We will do our best to make it happen.
3.16. The Customer acknowledges and agrees that for all Orders the total price for all Products he/she has ordered as shown on the Shop and displayed in the Shopping Cart section shall be charged in advance to the Customer, although the Product/s may not be available for delivery at that moment.
4. Execution of contract
4.1. All information on the Shop is an invitation to treat only and is not an offer by PAUL BALM. The Customer agrees that any Order placed by the Customer is an offer to purchase the Products listed in the Order on the Terms and Conditions. All Orders submitted are offers to purchase which are subject to acceptance by PAUL BALM.
4.2. The Order placed by the Customer shall only be processed by PAUL BALM if the Order process has been completed without any error being reported by the Shop.
4.3. After the Customer has successfully placed an Order, PAUL BALM will send an confirmation email incl. an Order No. to the Customer.
4.4. PAUL BALM shall check the availability and processing time of the Order and inform the Customer by email accordingly.
4.5. The Confirmation Email will be sent to the email address provided by the Customer in the Order form.
4.6. PAUL BALM reserves the right not to accept an Order, for any reason in its discretion without liability to the Customer. The following are examples of situations when PAUL BALM may not accept an Order:
a) any or all of the Products included in the Order are unavailable (either permanently or temporarily);
b) there is a dispute between PAUL BALM and the Customer relating to a previous Order;
c) the Customer has previously breached the Terms and Conditions or has not fulfilled his/her obligations under the Terms and Conditions;
d) PAUL BALM has grounds to suspect that the Customer is purchasing the Products in contravention of the Terms and Conditions (for example, in order to resell them or use them for commercial purposes);
e) the Customer has been involved in, or is suspected of being involved in, illegal or fraudulent activities;
f) PAUL BALM has grounds to suspect that any data provided by the Customer is or may be inaccurate or untrue;
g) the Products which have been ordered by the Customer are incorrectly priced (including if there was an error in the price for a Product displayed on the Shop) or otherwise incorrectly described;
h) the Customer’s payment method is declined;
i) the Customer has ordered quantities of an individual Product exceeding any quantity limits imposed by PAUL BALM;
j) shipping restrictions may apply to a Product;
k) PAUL BALM is unable to fulfil the Customer’s Order; or
l) the delivery address given by the Customer is the address of an entity or individual providing freight forwarding services.
4.7. The decision of PAUL BALM not to accept or to cancel an Order shall be final and binding. PAUL BALM is not required to give reasons for not accepting a Customer’s Order.
4.8. If PAUL BALM does not accept an Order, PAUL BALM shall inform the Customer within 30 days of the date of receipt of the Order. If PAUL BALM does not accept an Order, no contract is concluded between PAUL BALM and the Customer.
5. Price and Method of Payment
5.1. Check-out currency is CHF – Swiss Franc.
5.2. The total price displayed in the Shopping Cart includes shipping costs and taxes.
5.3. PAUL BALM will obtain the Customer’s consent before charging any additional costs.
5.4. The Customer will be charged the total price displayed in the Shopping Cart immediately prior to the Customer confirming the Order by clicking the Pay now button. This amount will be charged to the Customer’s chosen payment.
5.5. PAUL BALM only accepts the credit cards and other payment methods expressly indicated on the Shop.
5.6. For the purposes of credit card payments, the Customer confirms and warrants that he/she is the owner of, or is otherwise authorized to use, the credit card used for the purchase, and that the card information entered at the time of purchase (including but not limited to the credit card number, expiry date and, if applicable, the security code) is accurate.
5.7. PAUL BALM takes no responsibility for, and is not under any duty to verify, the Customer’s ownership of or authorization to use the credit card presented for payment or the accuracy of the card information entered at the time of purchase.
5.8. The Customer will only be charged after:
a) the credit card information has been verified;
b) receipt of the debit authorization from the relevant card issuing authority
5.9. The final price is displayed in the Shopping Cart before the Customer clicks the Pay now Button. The Customer will be charged this amount at the time of submission of the Order.
5.10. If the Customer pays by way of another payment method (other than credit card), the Customer confirms and warrants that he/she is the owner of, or is otherwise authorized to use, the account used for the purchase. PAUL BALM takes no responsibility for and is not under any duty to verify the Customer’s ownership or authorization to use such account.
5.11. All credit cardholders and payment account holders are subject to validation checks and authorization by the card issuer or payment method provider. If the issuer of the Customer’s card or payment method refuses to authorize payment, PAUL BALM will not accept the Customer’s Order and PAUL BALM will not liable for any delay or non-delivery. PAUL BALM is not obliged to inform the Customer of the card issuer or payment method provider’s reason for refusing authorization.
5.12. PAUL BALM is not responsible for any charges or other amounts which may be applied by the Customer’s card issuer or bank or payment method provider as a result of PAUL BALM’s processing of the Customer’s credit card payment or other method of payment to fulfil the Customer’s Order.
5.13. If the Customer’s credit card or payment method is not denominated in the currency of the Customer’s purchase indicated on the Shop, the final price may be charged in the currency of the Customer’s card or account. Such final price is calculated (and any additional fees charged) by the Customer’s card issuer or bank or payment method provider. PAUL BALM shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by the Customer as a result of the Customer’s card issuer or payment method provider charging the Customer in a different currency other than the currency of the Customer’s purchase as displayed on the Shop.
5.14. PAUL BALM will only ship the Products after due payment of the amount owed by the Customer.
5.15. In the event the Customer cannot be charged the amounts due for any reason whatsoever, the Order process shall be automatically terminated and the Order cancelled. PAUL BALM will notify the Customer accordingly.
5.16. PAUL BALM endeavors to ensure that all pricing information on the Shop is correct. Occasionally, however, an error may occur (such as a typographical error or similar oversight) and Products may be mispriced. If a Product’s correct price is different from the price stated on the Shop, PAUL BALM will contact the Customer and ask the Customer whether the Customer wishes to cancel the Order and place a new Order at the correct price, and/or not accept the Customer’s Order. PAUL BALM will not be obliged to accept an Order where the pricing of any Product that is part of the Order is incorrect due to an error.
6.1. Except as provided otherwise below, the Products shall be delivered to the address indicated by the Customer in the Order. A signature will be required upon delivery of the Products. PAUL BALM and its third party delivery services provider will not be responsible for verifying the identity of the person signing to accept delivery. If it is not possible to deliver the Products to the address indicated by the Customer in the Order at the time of attempted delivery, with the consent of the Customer, the Products may be delivered to a security guard, doorman, concierge or person who appears to perform a similar function in the building where the Customer’s address is located for collection by the Customer.
6.2. PAUL BALM shall not process or deliver any Order addressed to a post office box or accept any Order from a Customer who PAUL BALM suspects may not be a natural person (for example, a company or other incorporated entity).
6.3. The Products offered for sale on the Shop may only be purchased and delivered to addresses in the territory indicated above in section 1.5. Any Order with a delivery address outside of this territory shall be automatically rejected by PAUL BALM, unless the delivery has been approved by PAUL BALM prior to the Order has been placed.
6.4. PAUL BALM shall not be responsible for any delay in delivery or failure to deliver Products if the Customer’s delivery address as provided on the Order form is incorrect, inaccurate or incomplete.
6.5. PAUL BALM will endeavor to deliver the Products purchased within 35 (thirtyfive) days of the Order date. However, if an unforeseen event that is outside the reasonable control of PAUL BALM or its third party delivery services provider affects the delivery of the Order, then PAUL BALM or its third party delivery services will not be liable for any loss, damage, cost or expense suffered or incurred by the Customer as a result of the delay in delivering the Order.
6.6. Any date of delivery provided by PAUL BALM is an estimate only and PAUL BALM will not be liable for any loss or damage caused if the Order is not available or delivered by that date. Similarly, any delay does not relieve the Customer from the Customer’s obligation to accept delivery of and pay for the Order.
6.7. If PAUL BALM does not deliver the Products within the timeframe set out above, the Customer may request that PAUL BALM provide a revised delivery date estimate for when the Products will be delivered to the Customer.
6.8. Either PAUL BALM or the Customer may immediately terminate the Order if the Product(s) ordered are not delivered by the revised delivery date estimate provided by PAUL BALM. PAUL BALM will promptly refund to the Customer any payments made for the terminated Order.
6.9. For any failure to deliver his/her Order, the Customer shall have the right to cancel or terminate the relevant Order and receive a full refund of any monies paid to PAUL BALM in respect of that Order.
6.10. PAUL BALM reserves the right to split an Order into multiple shipments according to availability of the Products. PAUL BALM shall inform the Customer by email if it intends to do this.
6.11 The Customer will receive an email containing a shipment tracking code and a unique link that will allow the Customer to monitor the delivery (subject to delivery status information being provided to PAUL BALM by its third party delivery services provider).
6.12 If a Customer has any queries relating to shipment or delivery, he/she may contact PAUL BALM's Client Service by email at: firstname.lastname@example.org.
6.13 For Orders that are delivered to the Customer’s address, the Customer shall bear the risk of loss or damage to the Products from the moment that they are delivered in accordance with section 6.1.
6.14 If the Products are damaged prior to delivery in accordance with section 6.1, PAUL BALM will refund the Customer any amount already paid.
7. Product Conformity
7.1. At the time of delivery, the Customer must check that the packaging and any seals are intact, undamaged, and not wet. The Customer must also check the Products delivered to confirm that they match the Order and that the Products do not show any manufacturing defects or otherwise fail to match the description on the Shop.
7.2. In the event of existence of manufacturing defects in the Products ordered through the Shop, the Customer shall be entitled, within a period of one year from the date of delivery of the Products to request a replacement or repair of the Product (at PAUL BALM’s option). This does not apply for Rhinestone Designs.
7.3. To the maximum extent permitted by applicable law, PAUL BALM disclaims and excludes all other terms, conditions and warranties in relation to the Products and services whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
7.4. To notify PAUL BALM of any defects in the Products, Customers may contact PAUL BALM at the PAUL BALM's Client Service by email at: email@example.com.
8. Returns and refunds - Rescission
8.1. Except in the case of non-refundable products, such as custom made products or products decorated with 18k Gold and/or Diamonds, Customers may rescind the contract in respect of all or any Products ordered and request to return those Products within fourteen (14) days after Customers' receipt of the Products. In the event that Products in an Order are delivered separately, the period of fourteen (14) days for a particular Product shall begin on the receipt of that Product.
8.2. In order to exercise the right of rescission, Customers must send a return request incl. the Order Number to PAUL BALM's Client Service by email at: firstname.lastname@example.org.
8.3. Provided that the Customer complies with the procedure set out in the Return Instructions, the Customer shall use the DHL Return Label included in the order and leave the package at a DHL drop-off location or schedule a pick-up with DHL.
8.4. If, on the other hand, the Customer does not comply with the procedure set out in the Return Instructions, the return costs and any liability for loss, theft, damage or delay in the return of the Products to PAUL BALM shall be borne by the Customer.
8.5. PAUL BALM will provide the return label. Returns from outside Switzerland will be charged to the customer and deducted from the credit. Only returns from Switzerland are not charged to the Customer.
8.6. The Customer must return the Products which he/she has decided to return without undue delay and, in any case, within fourteen (14) days of the date that the Product was delivered.
8.7. Products must be returned in the same condition in which they were delivered and should be in their original packaging, together with the original Invoice. The Customer must ensure that the Products are undamaged and complete, never been used or worn and returned in their original packaging, equipped with all the labels, tags and security tags, correctly attached in their original positions as they were received with.
8.8. PAUL BALM shall check the packaging, labelling and condition of each Product returned, and that the Product has been returned in a manner that meets all of the conditions and requirements set out above.
8.9. PAUL BALM reserves the right to reject the return of Products that appear to have been damaged, deteriorated, stained or appear to be in a condition that indicates that they have been used for purposes other than those which are strictly necessary for the Customer to ascertain the nature and features of the Product purchased.
8.10. In the event the return is rejected, PAUL BALM shall send a specific notice to the Customer and shall consequently not proceed to credit the amount paid by the Customer, reserving the right to recover compensation for any damage attributable to the Customer.
8.11. The refund shall be made by crediting the amount paid by the Customer with the same payment method to the same card or account used for the purchase. PAUL BALM is not responsible for the time required by financial institutions to process refunds.
8.12. PAUL BALM shall confirm the refund to the Customer by email.
8.13. PAUL BALM shall not be under any obligation to refund any delivery costs paid by the Customer in respect of the Products.
8.14. The return of Products under this section is only permitted in respect of purchases made on the Shop.
9. Limitation of liability
9.1. Except in the event of willful misconduct or gross negligence, PAUL BALM shall in no way be liable to the Customer for any economic losses, loss of goodwill or reputation or other indirect or consequential loss or damages that may arise from the Customer’s purchase of the Products offered for sale on the Shop or otherwise arising out of or in connection with the Customer’s use of or access to the Shop.
9.2. Subject to section 6.6 and 9.1, PAUL BALM’s aggregate liability under these Terms and Conditions whether arising under contract, tort (including negligence), breach of statutory duty or otherwise in respect of a particular Product shall in no event exceed 100% of the amount paid by the Customer in respect of that Product.
9.3. PAUL BALM will not be responsible for any delay or failure to perform or comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond PAUL BALM’s reasonable control.
10. Product authenticity and intellectual property rights
10.1. PAUL BALM warrants the authenticity of all the Products offered for sale on the Shop.
10.2. The “PAUL BALM” trademark, as well as all the figurative and non-figurative marks and, more generally, all the other trademarks, illustrations, images and logos found on the “PAUL BALM” products, relevant accessories and/or packaging, whether registered or not, are and shall remain exclusive property of PAUL BALM. The reproduction, in whole or in part, modification, tampering or use of such trademarks, illustrations, images and logos, for whatever reason and on any support, is strictly forbidden.
10.3. All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Shop (“Content”), is either owned or licensed by PAUL BALM, and is protected by applicable copyright laws and treaties around the world. All rights in respect of the Content are reserved.
10.4. Subject to these Terms and Conditions, PAUL BALM grants the Customer a revocable, and non-exclusive license to access and make personal use of the Shop, provided however that the Customer must not:
a) use the Shop in any way which may prejudice or damage the reputation of PAUL BALM;
b) use the Shop for any commercial or business purposes. The Shop is for personal, non-commercial use only; or
c) use software, robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on PAUL BALM’s infrastructure.
10.5. PAUL BALM may terminate the limited license in this section at any time in its sole discretion without prejudice to any other remedy PAUL BALM may have against the Customer pursuant to applicable law for any reason whatsoever, including for any breach of these Terms and Conditions.
10.6. PAUL BALM endeavors to ensure that the information posted by it on the Shop is accurate and complete. PAUL BALM does not, however, guarantee that the Content or any other information available on the Shop is accurate and/or error free, PAUL BALM does not promise that the functionality of the Shop or Content will be error free or that the Shop, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful or that the Shop will not be hacked. PAUL BALM recommends that all Customers ensure they have up to date virus checking software installed.
11.1. The Terms and Conditions are governed by the laws of Switzerland and shall be construed accordingly.
11.2. In the event of a dispute arising from the interpretation and/or application of the Terms and Conditions, the courts of Switzerland shall have exclusive jurisdiction.
11.3. The Terms and Conditions are severable. If any provision of the Terms and Conditions is found by a court to be invalid, illegal, void or unenforceable, such provision shall be deemed to be deleted from these Terms and Conditions and the other provisions of these Terms and Conditions shall remain valid and enforceable.
11.4. To the maximum extent permitted by applicable law, data recorded on the Shop concerning the Customer’s transactions and purchases of Products shall be deemed to be a complete and accurate record for all purposes.
12.1. These Terms and Conditions, including any policies or documents referred to in these Terms and Conditions, are the entire agreement and understanding between the Customer and PAUL BALM on everything connected with the subject matter of these Terms and Conditions and supersedes any prior agreement or understanding on anything connected with that subject matter.
12.2. A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless it is in writing. Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
13. Contact details
13.1. To make a complaint or to get additional information or assistance in relation to the Shop, these Terms and Conditions or the Order process, Customers may send an email to the following address: email@example.com.
13.2. PAUL BALM may send any notices under these Terms and Conditions by email to the email address provided by the Customer. Notice is deemed to be received by the Customer when the email leaves PAUL BALM’s computer system.
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