Forever Laser Institut SA general terms and conditions of use

PREAMBLE

I-/ Definitions

The terms defined below shall have the following meanings in these General Terms and Conditions of Sale:

Gift voucher: refers to the document containing the offer of treatment or product(s), the location, the validity number, the validity date and the description enabling said offer to be taken advantage of. The gift voucher can be delivered by post and by digital means. Confirmations or follow-up can be sent by email or SMS.

Gift box :

A gift box, as offered on a website, consists of a gift voucher and/or the products ordered, sent either physically or in digital format.
In the digital version, you only need to send an email to print the gift voucher.
Gift packs defined in this way can be broken down into a variety of themes, such as "products", "treatments", etc.

Establishment: refers to the company through which Forever Laser Institut, SA, hereafter referred to as "Forever", issues the gift voucher and ensures its invoicing, collection, delivery follow-up, conformity and the execution of all the obligations included in the offer.

Forever reserves the right to add to the list of gift sets available for sale or to stop distributing them at its sole discretion and at any time.

Beneficiary: refers to the person using the gift voucher.

Service: refers to all the treatments and/or product(s) presented by Forever in a gift voucher or gift box.

Customer: refers to the person who contracts with Forever and purchases a gift voucher or a gift box, it being understood that the customer may or may not be the beneficiary of the service depending on whether he/she will use it personally or give it to a third party.

Party(ies): refers to the customer and/or Forever

Site: refers to the www.forever-beauty.com and www.forever-boutique.ch sites

II-/ General terms and conditions of sale

Forever gift vouchers are available online at the following URLs: www.forever-beauty.com or www.forever-boutique.ch

Forever is a limited company under Swiss law, with its registered office at 56 Rue du Rhône, 1204 Geneva, registered under the federal number CH 660 1 106 997-7 and VAT code CHE 108.642.148.

We invite you to read carefully the entirety of these General Terms and Conditions of Sale which define the terms and conditions under which Forever sells its gift vouchers and gift boxes.

These General Terms and Conditions of Sale therefore apply only to orders placed from the sites (even if the origin comes from a distributor site), directly by telephone: +41 22 319 09 60 or +41 22 566 05 01, or at the reception desk of a store. They apply to the exclusion of all other conditions, in particular those in force for in-store sales, unless expressly stated otherwise.

These General Terms and Conditions of Sale are valid from 10 December 2021.

Forever reserves the right to modify these Terms and Conditions at any time, without notice, it being understood that such modifications will be inapplicable to orders previously accepted and confirmed by Forever.

ARTICLE 1: ORDERING PROCESS AND FORMATION OF THE CONTRACT

You can place your orders for gift vouchers or gift packs directly :

• by Internet on the
• by telephone: +41 22 319 09 60 or +41 22 566 05 01 (local call charges in Switzerland) from Monday to Saturday.
• or directly from an establishment
• select a gift voucher or gift box from a website ;
  • fill in the fields on the contact form;
  • choose the delivery method.

In the case of telephone orders, the above information will be provided in person.

Once you have submitted the contact form, a member of our staff will contact you or (if you are contacted by telephone) invite you to use a secure "saferpay" link to make the payment corresponding to your selection.

Secure payment (accepted by your bank) will finalise your order.

Once your order has been definitively validated (through your payment), we will send you an email confirming your order and summarising all the elements relating to it. By printing and/or keeping this email, you will have proof of your order. Alternatively, you may receive the gift voucher and/or gift box by post.

ARTICLE 2: CONDITIONS OF USE OF GIFT VOUCHERS AND LIABILITY

2.1 In the event that you are not the beneficiary of the gift voucher or gift box, you undertake to inform the beneficiary of these General Terms and Conditions of Sale, to which the beneficiary is also subject.

2.2 : Only presentation of the original gift voucher received by post or printed from the email will entitle the recipient to a service.

2.3 The gift voucher entitles the holder to the services described therein, as indicated on the websites, subject to availability.

2.4 The gift box is valid subject to availability at the selected establishment.

2.5 Services do not include carriage and/or transport costs to the venue of the selected establishment.

2.6 The photographs presented in the gift box are not contractual. Reproduction in whole or in part is prohibited.

2.7 Except for online reservations, the service will be provided once the establishment has checked that the gift voucher is valid and has been paid for in full. This check implies validation of the gift voucher number by the establishment in order to verify its effective activation.

2.8 The performance of the service is subject to the specific conditions of the selected establishment, with regard to the policy for cancelling or modifying an order. In particular, any cancellation or modification made less than 24 hours in advance will result in the total loss of payment for the service in question), the age limit (except in exceptional cases, the age of majority. The performance of the service is also subject to the physical conditions of the beneficiary or beneficiaries. In particular, the beneficiary must be in full possession of his/her mental faculties and capable of discernment.

2.9 The gift box cannot be exchanged; the gift voucher can be exchanged throughout its period of validity for a treatment or product of the same value. No refund can be requested.

2.10 If the gift voucher is not used within its period of validity, or if it is lost, stolen or destroyed, the beneficiary will not be entitled to a total or partial refund of the payment or to compensation of any kind whatsoever. However, if a beneficiary is unable to use their gift voucher within the period stipulated, we invite them to contact the establishment.

2.11 Forever has all the necessary legal and regulatory authorisations.

2.12 With regard to products included in a gift voucher or gift box, Forever does not offer any guarantee, only that issued by the manufacturer being applicable.

ARTICLE 3: PRICES AND TERMS OF PAYMENT

3.1 : Prices

The prices of the gift packs displayed on the site are those in force on the day the order is placed.

Shipping costs, as defined in Article 6.4, for the delivery of Forever gift vouchers and/or gift boxes are not included in the price, unless Forever expressly states otherwise. These costs are therefore invoiced in addition and indicated before the final validation of your order.

3.2 : Terms of payment

Payment for the order will be made confidentially and securely via the website of the third-party service provider "Saferpay", in accordance with the following terms and conditions:

By credit card: according to the cards indicated in the "payment method" tab. By TWINT, Visa and/or Mastercard: by entering the card number, validity date and control code located on the back of the card directly in the area provided.

The total amount of the order will be debited from the credit card on the day the order is placed. Forever reserves the right to suspend all order processing in the event that your bank refuses to authorise payment. The sites allow you to transmit your bank details confidentially and securely when you place your order (secure entry via "Secure Pay Gate").

ARTICLE 4: RIGHT OF WITHDRAWAL

When you purchase a gift voucher or gift box, you have no right of withdrawal. Once the purchase has been made, no reimbursement can be made for the simple reason of cancellation.

If you have any questions, please contact our customer service team on +41 22 319 09 60.

Gift Box Customer Service
Forever Laser Institut, SA
56 Rue du Rhône
1204 Geneva, Switzerland

ARTICLE 5: DATA PROTECTION and PROOF OF ORDERS/ARCHIVAGE

Forever processes the customer's personal data in strict compliance with the Data Protection Act. The provisions applicable by Forever are available on the site under the "data protection" tab.

You are expressly informed that, except in the case of a manifest error which you would be able to prove, the data stored in Forever's databases have evidential value with regard to orders placed.

Data on a computer or electronic medium that is regularly kept constitutes admissible and opposable evidence in the same terms and with the same probative force as any document that would be received and kept in writing.

ARTICLE 6: DELIVERY

6.1 : Availability of gift vouchers

Forever gift vouchers and gift boxes are offered in limited quantities, due to our limited capacity and their limited validity period.

In the event of a temporary or permanent stock shortage, the customer will be informed as soon as possible of this unavailability and its consequences on the order. You then have two options:
- Or cancel your order and obtain a full refund within 30 days of payment,
- or benefit from an exchange under the conditions defined in Article 2.11.

If the products are available, Forever undertakes to honour any order for gift vouchers or gift boxes placed by the customer.

6.2 : Place of delivery

Forever only sends gift vouchers and gift boxes to Switzerland.

They will be delivered to the address that you will have indicated at the time of the seizure of your order. Forever cannot be held responsible in any way whatsoever in the event of your absence at the time of delivery or in the event of a data entry error when placing the order. In such a case, it will be your responsibility to contact Forever under the conditions set out in Article 11.

6.3 : Delivery method and delivery time

Delivery will be made by Swiss Post.

You will receive an email confirming that your order has been dispatched.

Unless otherwise stated on a site, delivery times, which vary according to the method of payment, are as follows:

In the case of payment by credit card (which can only be made on a working day), the service will be dispatched within a maximum of 72 hours. If the delivery of the service is of particular urgency to the Customer, it is the Customer's responsibility to inform Forever when the establishment calls for confirmation. No deliveries will be made on Sundays or public holidays.

A gift voucher can be sent to a beneficiary by the customer in the form of a digital delivery. To do this, when the order is placed, the customer ticks the "digital delivery" box, which then delivers the gift voucher in PDF format for the recipient to download. This gift voucher is to be printed out by the beneficiary and presented to the establishment's reception desk for delivery of the service.

6.4 : Delivery charges

Postage is charged at a flat rate in addition to the price of the gift sets as follows: CHF 15 incl. VAT per shipment.

ARTICLE 7: NON-COMPLIANCE

All gift boxes delivered must be carefully and immediately inspected by the Customer.

7.1 : Reservations to be made to the carrier in the case of damage or missing items, must inform Forever of any reservations by registered letter, stating the reasons, within 72 working hours of receiving the gift box in question.

In the absence of reservations, the product is deemed to have been delivered in good condition and may not be the subject of any subsequent dispute with Forever.

7.2 : Gift box error

The customer must report any errors relating to the gift packs ordered by letter or email ("Contact" section of the www.forever-beauty.com or www.forever-boutique.ch website) within 72 working hours of receipt of the order.
Any complaint not carried out in the rules of this article and within the time limits could not be taken into account and will release Forever from any responsibility with respect to the customer.

ARTICLE 8: TRANSFER OF OWNERSHIP/TRANSFER OF RISK

Ownership and risks are transferred to the customer when the gift box(es) is (are) sent to the customer.

ARTICLE 9: PERIOD OF VALIDITY

Gift vouchers and gift packs have a limited period of use, which is expressly indicated on the gift voucher.

ARTICLE 10: CUSTOMER SERVICE - COMPLAINTS

All requests for information should be addressed to Forever - either by telephone (using the numbers given above)
- or via a website by referring to the "Contact" section
- or by post, to the following address

Gift Box Customer Service
Forever Laser Institut
56 Rue du Rhône
1204 Geneva, Switzerland

ARTICLE 11: INTEGRITY OF THE CONTRACT

The fact that Forever does not prevail itself at a given moment of one of the clauses of the present General Conditions of Sale cannot be interpreted like being worth renunciation on its part.
In the event that one of these provisions is declared null and void or deemed unwritten, the validity of the other provisions of the General Terms and Conditions of Sale will not be affected.

ARTICLE 12: APPLICABLE LAW

These General Terms and Conditions of Sale and the contract concluded when ordering a gift voucher and/or gift box are governed by Swiss law.

ARTICLE 13: SETTLEMENT OF DISPUTES - PLACE OF JURISDICTION

Any disputes arising in connection with these General Terms and Conditions of Sale and the contract concluded when ordering a gift voucher and/or gift box, in particular, their validity, interpretation, execution or termination, will be exclusively within the jurisdiction of the legal authorities of Forever's head office, i.e. Geneva, subject to the jurisdiction of the Swiss Federal Court.