Terms and Conditions

1. General

These General Terms and Conditions (GTC) apply to all contracts, deliveries, and services provided by SC Cosmetics Handels GmbH through the online store at www.swiss-color.com. The online store is intended exclusively for business customers as defined in § 1 of the Austrian Commercial Code (UGB). Sales to private customers are excluded. This applies to all products of the Swiss Color and Derma SR brands, regardless of their general suitability for private use. The purchase of Derma SR products requires prior verification and authorization as a business customer. Private customers may purchase these products through the separate online store at www.dermasr.com. By placing an order, the customer confirms that they are acting as a business entity for commercial purposes. We reserve the right to request appropriate proof and to reject orders. Any deviations from these Terms and Conditions require our express written consent. The version agreed upon at the time the contract is concluded shall apply.

2. Offers

Our offers are non-binding. Orders are binding on us only to the extent that we confirm them or fulfil them by dispatching the goods. Oral side agreements are valid only if confirmed by us in writing. Third-party intellectual property rights must be respected when using the supplied goods. Variations due to printing and technical changes are possible.

3. Prices

The prices valid on the date of delivery shall always apply. If these are higher than the prices at the time the contract was concluded, the customer may withdraw from the contract in respect of quantities not yet accepted within eight days of being notified of the price increase. Prices are stated in euros and exclude VAT. Prices are subject to change. Where delivery free of shipping charges has been agreed, our quoted prices are based on the freight rates and ancillary charges applicable at the time of the offer. If these rates or charges change, our delivery prices will be adjusted in the seller’s favour or to the seller’s detriment, without giving the buyer a right to withdraw from the contract. For shipments to EU countries, VAT will only be omitted if a valid VAT identification number is provided when placing the order.

4. Payment Terms

Devices and basic material kits must be paid for in advance. Orders are generally paid for by bank collection, cash on delivery (Austria and Germany only), direct debit, credit card (online), Klarna Sofort (online) or PayPal (online). In the event of late payment, default interest of 10% per annum shall apply, together with a reminder fee of €6.00 and any applicable fees (bank charges). If a direct debit fails, all additional charges will be charged to the customer.

5. Delivery

The flat shipping fee is €6.00 for Austria, €8.00 for Germany and €15.00 for other EU countries. Orders with a net value exceeding €300.00 qualify for free shipping to Austria and Germany. For delivery by EMS (24-hour service within Austria), the flat shipping fee is €15.00. No shipping charges apply to first orders (except online orders) or subsequent deliveries of outstanding items. For deliveries outside the EU, the actual shipping costs incurred will be charged. Loading and shipping are uninsured and at the recipient’s own risk. Our obligation to deliver is suspended for as long as the buyer is in arrears with any payment obligation. If an agreed delivery deadline is missed through our fault, we shall only be deemed in default once a reasonable additional delivery period has been set and has expired.

6. Training and Courses

Registration for our training programmes, courses, training sessions and workshops becomes binding upon online registration or receipt of the order confirmation from SC Cosmetics Handels GmbH. The course fee is due 30 days before the course begins. Cancellations must be made in writing. The following cancellation fees apply:

- Up to 30 days before the course begins: 30% of the total cost
- Up to 15 days before the course begins: 50% of the total cost
- Up to 7 days before the course begins: 80% of the total cost
- Less than 7 days before the course begins: 100% of the total cost

SC Cosmetics Handels GmbH reserves the right to cancel or postpone a scheduled or ongoing course for organisational or other reasons. Additional costs arising from cancellation (e.g. hotel accommodation, travel expenses, etc.) will not be reimbursed.

7. Statutory Warranty

All information regarding the suitability, processing and use of our products, technical advice and other information is provided to the best of our knowledge but does not relieve the buyer of the obligation to carry out their own checks and tests. Upon receipt, the buyer must immediately inspect the delivered goods for defects relating to their quality and intended use, including trial processing where reasonably practicable; otherwise, the goods shall be deemed accepted. Complaints will only be considered if submitted in writing with supporting documentation within eight days of receipt of the goods or, in the case of hidden defects, within eight days of their discovery, and in all cases no later than six months after receipt of the goods. Goods subject to a complaint may only be returned with our express consent. Our statutory warranty obligations are limited, at our discretion, to replacement, rescission of the contract, a price reduction or rectification. Products intended for professional treatment use that have no identified defects are excluded from exchange and return. The statutory warranty period for rechargeable batteries and battery packs is six (6) months from delivery. Rechargeable batteries are considered wear parts. Warranty coverage applies exclusively to proven manufacturing or material defects. In particular, natural loss of capacity and wear resulting from use, charging cycles, storage or improper handling are expressly excluded from warranty coverage.

8. Commercial Guarantee

SC Cosmetics Handels GmbH provides a two-year guarantee on all devices. The customer shall bear the cost of repairs to products whose guarantee has expired. During the repair process, SC Cosmetics Handels GmbH will provide the customer with a replacement device/handpiece, subject to availability. Upon receipt of the repaired product, the customer must return the replacement device/handpiece to SC Cosmetics Handels GmbH. If a replacement device/handpiece is damaged or not returned, a rental fee and/or compensation for damage will be charged. Events of force majeure, defined as circumstances and events that cannot be prevented through the exercise of due care in business operations, suspend the parties’ contractual obligations for the duration of the disruption and to the extent of its effects. If the resulting delays exceed six weeks, either party may withdraw from the contract in respect of the affected obligations. No other claims shall arise.

9. Liability for Damages

To the extent permitted by law, our liability for damages, regardless of the legal basis, is limited to the invoice value of the quantity of our goods directly involved in the event causing the damage. This limitation does not apply where our liability is unlimited under mandatory statutory provisions, due to intent or gross negligence. Buyers acknowledge that the use of certain Swiss Color devices and handpieces requires the availability of specific hygiene modules. The availability of these hygiene modules may vary depending on the manufacturer and market conditions. SC Cosmetics Handels GmbH accepts no responsibility for any difficulties or inconvenience arising from the unavailability of consumables. For events, Swiss Color, as the organiser, reserves the right to replace announced speakers who are unable to attend with equivalent speakers or programme items, including at short notice. In such cases, there is no entitlement to a price reduction or refund.

10. Retention of Title

The goods remain the property of SC Cosmetics Handels GmbH until payment has been made in full. In the event of late payment, we are entitled to withdraw from the purchase contract. The buyer must immediately notify us by registered letter of any third-party seizure of or other action against goods or receivables belonging to us. Exercising our retention of title does not constitute withdrawal from the contract. Until our receivables have been paid in full, neither the goods nor any receivables arising in their place may be pledged to third parties, transferred by way of security or assigned as security.

11. Data Protection

We undertake to treat your data confidentially in accordance with the Austrian Data Protection Act (DSG) and not to disclose it to third parties without your consent.

12. Place of Performance and Jurisdiction

The place of performance for delivery is the respective place from which the goods are dispatched. Austrian law shall apply. The District Court of Kufstein (Bezirksgericht Kufstein) shall have jurisdiction over all legal disputes arising from the contractual relationship.