Terms and conditions of use

Date published: 8th September 2018

Welcome to whitejasminebeauty.com (referred to hereafter as the “Website” or "us”), an online store for cosmetics and beauty products based in Switzerland.  The White Jasmine Beauty website (whitejasminebeauty.com) is owned and managed by Malin Evans White Jasmine Beauty (referred to hereafter as the “WJB”).

Area of validity

  1. These general terms and conditions of use (hereinafter referred as “Terms”):

    1. govern the relationship between customers (hereinafter referred to as "the Customer"), WJB and the Website.

Acceptance

  1. By entering and using our website, the Customer accepts to be bound by these terms and conditions of use, which they declare to have fully read and understood. The use of our website is authorized for private use only. Any non-private use, for example to resell our products to third parties is forbidden.

  2. We reserve the right, at our entire discretion, to amend or modify at any time our terms and conditions of use, and it is the Customer's duty to check them regularly and keep informed by reviewing them at the address https://whitejasminebeauty.com/info/terms-and-conditions-of-use to be aware of any change.

  3. agrees that the simple fact of publishing these new terms and conditions of use on our website, is enough to make any modification or revision valid.

Registration Obligation

  1. By creating an account on our website, the Customer certifies and guarantees to have all the rights to do so, according to these terms and conditions of use and that the information they use is correct, true and accurate, and does not lead to any confusion.

  2. An account can only be created by a physical person, who is at least 18 years old and is a major regarding their own country law. Customers that do not meet these criteria are authorized to use our website and place orders only with the help and supervision of one of their parents or a legal representative.

  3. The Customer agrees to update any change of address or any other modification in due time. WJB, or our website, may not be held responsible for any late delivery due to incorrect information given by the Customer.

  4. If the Customer uses incorrect information, or if we have reasonable motives to think he did, we reserve the right to block, or delete,their account and any future use of our website(s), or any part thereof, without having to justify our decision.

Account, Password & Security

  1. The Customer is responsible for the quality and the confidentiality of the password chosen for their account, as well as for any activity done on their account with their password.

  2. The Customer agrees to inform WJB with no delay of any fraudulent use of their password or account, or of any security issues, and to close their account at the end of each session (logout). WJB, or the website, shall not be held responsible for any loss or damage resulting from the non-respect of these terms and conditions of use by the Customer.

Content

  1. The website content is offered as is and may not be used, reproduced, distributed, transmitted, broadcast, represented, sold, transferred or otherwise exploited for any other purpose than its consultation and use on the our website. To this single end, our website allow you access to our website that is limited, revocable, nonexclusive and to use it for private use only in accordance with these terms and conditions of use. If you wish to reproduce or copy any part of our website content for any other purpose, please contact Customer Service using either:The Customer agrees not to violate any legal terms or to use our website for an unlawful purpose; not to include any false, inaccurate or incomplete information; not to include any virus, Trojan horse, worm, time bomb or any other program designed to damage, produce a negative effect, intercept or counter any system, data or personal information.

    1. The on-line Contact Us form.
    2. Email to the address team@whitejasminebeauty.com
  2. The Customer agrees not to violate any legal terms or to use our website for an unlawful purpose; not to include any false, inaccurate or incomplete information; not to include any virus, Trojan horse, worm, time bomb or any other program designed to damage, produce a negative effect, intercept or counter any system, data or personal information.

Products

  1. The products sold are described on our website at the time of sale. The characteristics of the products and photos are established in accordance with the supplier and are indicative only. WJB, or the website, do not guarantee the product's conformity to its description or illustration.

  2. The products are available on our website for the duration of the sale only and depending on availability.  WJB, or the website, may at any time cancel the order and refund to the Customer the amount that would have been paid if a product is no longer available.

  3. The Customer may also ask to be notified when an out of stock product will be available again.

  4. We reserve the right to limit the quantities of the product bought by each customer, especially on the products in the Specials category and for any other product with a limited availability. If not respected, we reserve the right to cancel the order and refund the customer.

Prices

  1. The price payable for the goods ordered are those listed on the the website on the date of the order and are net in Swiss francs including VAT or Duty Free; they are applied throughout the duration of the sale. The delivery fees are then to be added and can be chosen during the placement of the order.

Conclusion of sale and payment

  1. The pictures of our online products catalog are not binding. By clicking "Confirm order" or “Place order” the Customer consents to the order of the selected articles in the basket. The sale contract is validly concluded upon receipt of the order confirmation email, subject to availability.

  2. The price of purchases made on the website is due at the time of the order, without discount. The payment is made by credit card (Visa, Mastercard) or through the Paypal account of the Customer. In this case the order amount is charged immediately upon confirmation.

  3. WJB, or the website, has no access to confidential information through payment. The entered information is encrypted and transmitted securely without the website being able to access it.

  4. Your receipt is saved and you can view the summary of your orders from the "My Orders" in "My Account" at any time.

Shipping & Delivery

  1. The products are shipped to the delivery address indicated by the Customer during the order process.

  2. The shipping date indicated in the order confirmation email is an estimate and does not bind the WJB or the website. All packages are sent using Swiss Post.

  3. If a product is indicated as no longer in stock, the customer can make a special request to the website by writing an email to team@whitejasminebeauty.com.

  4. WJB, or the website, are not responsible for delays or problems during delivery.

  5. The sale is validly executed and WJB and the website are free of liability upon delivery of the product to the post office or a carrier.

  6. As mentioned in 3.3, we exclude any liability for delivery delay due to false information provided by the Customer.

  7. The amount of delivery fees is indicated in the "basket" and is subject to approval by the Customer before the validation of each order.

  8. The goods are considered received by the Customer as soon as the carrier delivers the goods, this means as soon as the parcel is placed in the Customer’s mail box or a notice to pick the parcel up is notified to the Customer.

Warranty & Returns

  1. If the purchased goods are found to be unsuitable, either through an error in ordering by the customer or the customer changes their mind, they may cancel the order within five days of the receipt of the order unless the item is mentioned "may not be subject of returns".  The request for returns must be submitted to Returns using the Contact Us form or by sending an email to returns@whitejasminebeauty.com. We promise to send our agreement within 24 hours. The products must be returned as received, in their original un-opened packaging and not used.  Details for the return will be provided with our agreement to the return.  The customer is responsible for the postal fees of the return.

  2. For hygiene reasons we can not accept returns or exchanges of used or opened products.

  3. Refunds will be made to the payment method used after receipt and control of the returned goods.

  4. If the return is due to an error by the website shipping fees linked to the return will be credited as a voucher.

  5. If a product is defective at delivery, the Customer may notify the Website by using the Contact Us form or by sending an email to returns@whitejasminebeauty.com within five days after receipt of the order.

  6. In case of dispute regarding the warranty, the WJB will decide whether the item must be exchanged (subject to availability). Reasons not covered: Damage from misuse, failure to observe the operating instructions by the buyer as well as wear or other (s) incident (s) external (s) not caused by the our websites.

Link

  1. If the Customer wishes to link to the website he agrees specifically to:The link to the website does not authorize the Customer to use any content, name, logo, brand image or any Website or third parties without the prior, specific and written authorization of the rights holders.

    1. not to reveal the website within another Website.
    2. not to create any association between the website and a third party.
    3. properly attribute the website to which the link refers.
    4. ensure that the link does not imply, implicitly or explicitly, that WJB, or the website, approves, supports or assumes the activity of any other internet web site, company or entity and that the Website and / or its activities are not presented in a false, misleading, defamatory or insulting or in any other manner that could damage the reputation of WJB, the website or take advantage.
  2. WJB reserves the right to ask the Customer to withdraw any link to the website without having to justify its reasons.

Change of service

  1. WJB reserves the right at any time to modify or discontinue temporarily or permanently the website (or any part of it) with or without notice. The Customer agrees that the website will not be responsible towards him or towards any third party for any modification, suspension or termination of the our website or service. Any part of the content may be obsolete at any time and WJB, or the website, has no obligation to update this content.

Privacy Policy

  1. By using the website, the Customer or any person authorized to access their account and use our website may provide certain personal data, including Registration Data and certain other information about him. By sending their personal information to the website, the Customer agrees to the use of such data by WJB and the website solely for activities in connection with the website and no other. The full Privacy and Data Protection policy can be reviewed at https://whitejasminebeauty.com/info/privacy-policy.

  2. Use of the website and sending e-mails to whitejasminebeauty.com are a form of electronic communication. You agree therefore that WJB, or the website, may use it to inform you about contractual issues and inform you of all authorizations, notifications and other useful information electronically, unless the law prescribes for this purpose a use of another communication media.

Termination

  1. WJB, or the Website, may, at its sole discretion and without any responsibility to the Customer, with or without cause, with or without notice, at any time remove his access to all or part of the Website and disable or delete any of their accounts and all information and all the ads relating to that account and its contents.

  2. The Customer agrees that WJB, or the website may, at its sole discretion, cancel their password, their account (or any part thereof) or use of the Website, and remove and discard any Product from the Website for any reason whatsoever including, among others, for lack of use or if it believes that the Customer has violated any provision of the Terms and conditions of use. The Website may also at its sole discretion and at any time discontinue providing the website or any part thereof, with or without notice. The Customer agrees that any suppression of his access to the website under any provision of these Terms and conditions of use may be made without notice and acknowledges and agrees that WJB, or the Website, may immediately deactivate or empty his account and all related information and/or bar any further access to such files or the Website. In addition, the Customer agrees that the WJB, or the Website, will not be responsible in any way to him or a third party, for any cancellation of its access to the Website.

Exemption

  1. The Customer accesses the Website and uses it at their own risk. The Website and its content are provided as is and as available. The Website expressly disclaims, and the Customer waives all warranties of any kind, whether express or implied, including, among others, any implied warranty for a particular purpose, quality or availability of products.

  2. The Website makes no warranty or makes no statement that:Any material downloaded or otherwise obtained through the use of the Website is at the discretion of the Customer and at their own risk and the Customer will be solely responsible for any damage to its computer system or loss of data resulting from downloading such documents.

    1. the Website and its contents meet the needs of the Customer
    2. the Website will be uninterrupted, timely, secure or error free
    3. the results which can be obtained from the use of the Website will be accurate or reliable
    4. any errors in content are corrected.
  3. Any material downloaded or otherwise obtained through the use of the Website is at the discretion of the Customer and at their own risk and the Customer will be solely responsible for any damage to its computer system or loss of data resulting from downloading such documents.
  4. The descriptions and other materials posted on the Website or contained in the flow of the Website, are not intended to be advice which we must rely. No information, whether oral or written, obtained by you from the Website or found on the Website shall create a warranty or other obligation not expressly stated in these Terms and Website disclaims all liability of any trust placed in these by any elements of any visitor of the Website or anyone who could be informed of any of its contents.

Indemnification

  1. The Customer agrees to indemnify WJB, the Website and its partners and employees and exonerate the responsibility for all liabilities, losses, damages, claims, penalties, fines, fees and expenses, including, without limitation, reasonable attorneys' fees, may arise regarding:

    1. Their use of the Website and access to this Website, including, without limitation, any content, and connection to the Website
    2. Their failure to comply with any provision of these Terms and conditions of use

Limitation of liability

  1. The Customer acknowledges and agrees that WJB, or the Website, is not liable for any direct, indirect, incidental, special, derivative, or any exemplary damages, including, among others, damages for lost profits, loss of goodwill, of use, data or other intangible losses (even if the Website has been advised of the possibility of such damages) resulting from:The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after that this claim or cause of action arose.

    1. the use of the Website or the inability to use
    2. the cost of purchasing goods and replacement services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through the Website or from the Website
    3. unauthorized access to transmissions or data alteration
    4. statements or conduct of any third parties on the Website, (v) the results of the Website, all Websites connected to it and of all documents circulated on it
    5. flaw products purchased
    6. any other matter relating to the Website.
  2. The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after that this claim or cause of action arose.

General Information

  1. These Terms and conditions of use (including the specific conditions applicable to certain services) constitute the entire agreement between the Customer and the Website regarding their purpose; they supersede any agreements, arrangements and prior commitments of any kind between the Customer and the Website, whether oral or written, regarding this object. The Customer may be subject to additional terms and conditions that may apply when using services related to companies, third-party content or third party software.

  2. The fact that the Website does not exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

  3. If any provision of these Terms is held invalid, the parties nevertheless agree that their intentions as reflected in the provision, shall be enforced to the fullest extent possible and that other provisions of the Terms of Use remain in full force and effect. The section titles in the conditions of use that are intended to facilitate reference and have no legal or contractual effect.

  4. The Customer may not assign or transfer any of their rights or obligations, or subcontract the performance of any of their obligations under these terms of use. The Website may assign or transfer any rights or obligations, or subcontract the performance of any of its obligations under these Terms of Use to any party at any time, without the consent of the Customer (that Consent given by these provisions).

  5. The conditions of use and the relationship between the Customer and the Website shall be governed by Swiss law. Any dispute in relation to these terms of use must be resolved before the Courts of Montreux (Switzerland).

Copyright and Trademark

  1. All trademarks, product names, images, company names and logos are the property of their respective owners.

Violations

  1. Please report any violations of the conditions of use of the Website to team@whitejasminebeauty.com

The jurisdiction is in Montreux, Switzerland.