1. Applicability and Scope

These general terms and conditions of sale (hereinafter “GTC”) govern the terms of sale regarding the products offered by Felika Sàrl and purchased online via our website (www.felikacosmetics.com).

Felika Sàrl reserves the right to modify these GTC at any time. All modifications take effect upon their publication on the website. The relevant date for the applicability of the new GTC is the delivery date of a firm order when purchasing one of our products.

Please read our GTC carefully before placing a firm order. By placing a firm order for one or more of our products, you declare your acceptance of these general terms and conditions and the related privacy statement. You also declare that you have full civil rights and capacity.

In this document, the use of the masculine form to designate persons is only intended to simplify the text and has no discriminatory intent.

2. Conclusion of a Sales Contract

The presentation of products in the online store does not constitute a legally binding offer but merely a non-contractual online catalog or an invitation to customers to place an order for one of our products in the online store. Felika Sàrl expressly reserves the right to change at any time and without notice the products listed online as well as the associated content, such as images, product range, prices, and descriptions. Images, representations, brochures, advertising, promotional offers, discounts, and any other information related to our products are for informational purposes only and do not bind Felika Sàrl.

The customer may place a firm order for the selected products via our online store. The customer may also place selected products in the “shopping cart” without this being considered a firm order. A firm order is considered any order validly completed, the final step being clicking the “Finalize Order” button at the end of the ordering process. Before sending an order definitively, the customer can, at any time, change the entered data, detect possible errors and correct them if necessary.

An order confirmation will be sent immediately and automatically by email to the customer. This email confirmation contains your order data and the GTC that you accepted during the ordering process. The email confirmation is for informational purposes only, indicating that we have received your order. This automatic order confirmation does not yet constitute a sales contract. By placing an order, you confirm having read our GTC and approve them without reservation. We recommend printing the GTC as well as the order confirmation or saving them on your computer.

After you have placed a firm order, Felika Sàrl is free to accept it at its sole discretion or to reject it by informing you by email and disclaiming any responsibility towards you or third parties. In the event of any payment already made, it will be refunded upon cancellation of the order. Reasons for rejecting an order may include the product being no longer available, not receiving payment proof from the client, or suspecting the client of fraudulent or criminal behavior against the GTC or individual agreements or for any other serious reason.

After accepting your order, the sales contract becomes binding. Acceptance of the order is realized by the preparation of the products.

3. Availability and Reservation of Performance for Non-deliverable Products

All information regarding the availability, shipping, and delivery of a product are general information and indicative values. They do not represent binding or guaranteed information. All
liability is expressly rejected for unavailable products.

Our products are available while stocks last. If Felika Sàrl notices, while processing your order, that the ordered products are no longer available for any reason, you will be informed immediately. In this case, no sales contract can be concluded for products that cannot be delivered.

Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. If applicable, the customer will be informed by email.

4. Prices and Shipping Costs

Our products and prices correspond to those displayed on the website. All prices are in CHF (Swiss Francs) and include legal value-added tax (VAT). The total price of your order, including all additional costs and the corresponding VAT in your country, is shown at the end of the ordering process. When shipping to countries outside Switzerland, customs duties, VAT, import formalities, or other additional taxes may apply. These are not included in the price and must be paid by the customer.

By placing a firm order, you agree to accept the total price of the ordered products. After placing a firm order, the price cannot be changed.

Felika Sàrl reserves the right to modify prices at any time. Products will be invoiced at the price indicated at the time of the firm order.

5. Payment Conditions / Creditworthiness Check

Orders are payable immediately.

The customer has the option to use the payment methods indicated on the website or during the ordering process. These may vary from time to time and according to the country. Moreover, we
reserve the right not to offer certain payment methods on a case-by-case basis and reserve the right to offer others (according to the respective creditworthiness of customers, in order to cover our credit risk). The customer expressly authorizes Felika Sàrl to perform creditworthiness checks and, if necessary, to transmit customer data to third parties for this purpose.

By choosing a payment method, the customer authorizes the payment, either by entering credit card data or by providing access data to a payment service provider. The customer authorizes
Felika Sàrl to approve or receive the payment according to the chosen method. In the case of chargebacks, Felika Sàrl is entitled to reimbursement for the costs and bank fees incurred.
Additionally, Felika Sàrl is not responsible for any fees or other amounts that your credit card issuer or bank may charge you as a result of processing your order’s payment.

If you pay using a credit card or by choosing an alternative payment method, we reserve the right to check the validity of your card, its limit, and the address data on it and to ask the card issuer or payment service provider if authorization has been given. Moreover, you confirm that the credit card is valid and that the related data are accurate. In case of payment refusal, Felika Sàrl reserves the right to cancel the order and suspend the shipment of the goods. In this case, we will contact you immediately.

Felika Sàrl remains the owner of the ordered goods until their full payment.

6. Conditions for the Delivery of Goods

Delivery is generally carried out through the distribution service of Swiss Post SA. Felika Sàrl covers shipping costs from a minimum order of CHF 200.- for deliveries in Switzerland only. For deliveries in the EU, the resulting costs must be paid in advance by the customer. Please also note that, for international delivery, your order may be subject to duties, formalities, and import taxes that apply when the package reaches its destination. Felika Sàrl has no control over these charges and cannot predict their amount. The payment of these duties and import taxes is entirely the responsibility of the customer.

Products you order from our physical store or our online store and that we have in stock will be delivered in Switzerland within 6 business days after receipt of full payment. For deliveries in the EU, the timing may vary depending on different carriers. You can use the tracking number to follow the progress of your order in real time.

When products, at the time of ordering, are listed as being out of stock, Felika Sàrl will endeavor to deliver them as soon as possible after restocking. Felika Sàrl will make every effort to meet the indicated delivery times. However, Felika Sàrl is not responsible for delivery delays, regardless of their cause. If the delivery of your goods is delayed, we will inform you as soon as possible.

If delivery is still not made three weeks after the initially agreed date, the customer is entitled to cancel their order. Any other claim is excluded, especially in terms of damages.

Please ensure that the delivery information provided is correct. Felika Sàrl is not responsible for delays or failures in delivery resulting from customer errors.

7. Right of Withdrawal and Return Policy

Conditions

For any purchase of our products via our physical store or our online store (with the exception of certain products; see below for revocation restrictions), you have, as a consumer¹, a right of withdrawal of 14 days after receipt of the products without the need to state reasons. Within 14 days of receiving the goods, you or a third party other than the carrier designated by you may withdraw from the contract by returning the goods to us [Felika Sàrl, Chemin Neuf 3, 1955 Chamoson, Switzerland] or by informing us of the formal revocation of the contract in writing (for example, by postal mail or email). The 14-day return period begins on the day of receipt of the goods and is valid provided that the goods or the revocation letter are sent to the Post Office or another transport company at the latest on the last day of the period.

The condition for exercising the right of revocation is that the goods have not been used, that they are returned to us complete, intact, and in their original packaging. The goods, in addition to the duly completed acknowledgment of receipt, must be returned to the following address:

Felika Sàrl, Chemin Neuf 3, 1955 Chamoson, Switzerland – info@felika.ch.

Consequences of Revocation

If you terminate the contract and the return of the goods is duly made, we will refund the total price thereof, including delivery costs, within 14 days at the latest from the day we acknowledge receipt of the revocation of the contract or the returned goods. The refund is made by the payment method used initially and is always paid into the account used for payment, unless expressly agreed otherwise; no fees will be charged to you for this refund. We ask you to ensure that you have access to the bank account indicated, as Felika Sàrl assumes no responsibility in this regard.

We may defer the refund until we have recovered the goods or until you have provided proof of shipping the goods, the date retained being that of the first of these facts.

You must bear any possible loss of value of the goods only if this results from handling that was not necessary to check the characteristics, properties, and operation of the goods.

Restrictions on the Right of Revocation
The right of revocation does not exist for the following contracts:

• delivery of products that have been packaged according to your own specifications or those which have obviously been tailored to your needs (customized products, individualized products);
• when delivery involves products that have been opened after delivery whose cellophane is no longer sealed and/or whose packaging is damaged and which cannot be returned for reasons of health or hygiene

¹ Individuals who act outside their commercial, industrial, craft, or professional activities are considered consumers under EU Directive 2011/83 on consumer rights.

8. Notification of Defects / Warranty

Felika Sàrl guarantees that the goods meet the described quality criteria and are free from defects that affect their value or suitability for the intended use.

Upon receipt of the goods, the customer must immediately check that the delivered product is correct, complete, and free from damage. Defects or damages must be reported to Felika Sàrl within five working days. Defects that could not be detected during a proper inspection and that were only discovered afterward must be claimed in writing immediately after their identification. If you have not checked for defects or if you do not report them immediately (maximum 5 days after receipt), the product is considered accepted, and you no longer have the right to make any claims against us.

Felika Sàrl decides at its sole discretion whether to make a replacement delivery or to repair the product. If the subsequent delivery or repair fails, the customer is entitled to withdraw from the contract in the event of serious defects.

For any claim and any other technical question, please contact us at the following address, mentioning your order number and customer number, the description of the defects found, and any other information that may be useful to us:

Felika Sàrl, Chemin Neuf 3, 1955 Chamoson, Switzerland – info@felika.ch

The defective product must be returned to us at the above address with a copy of the invoice and a detailed description of the defect found. The return of a product is at the expense and risk of the customer. We ask you to keep the documents attesting to the return of your goods, otherwise, we will not be able to process your claim in case of loss of the package.

9. Creating an Account

After creating a customer account and registering, you can check the status of past orders, current orders, or recently ordered products, view your address data, manage and save possible
payment data. With your data thus saved, you are no longer required to reintroduce them during a new purchase.

When creating such an account, you undertake that your personal data are complete and true. You are required to treat the access data confidentially and not to make them accessible to unauthorized third parties. Felika Sàrl guarantees to treat your data confidentially and not to communicate them to unauthorized third parties. Further information concerning data protection can be consulted in the context of our privacy policy.

Registration is free. Each customer is entitled to have only one account. We reserve the right to delete certain applications and to warn, close, delete, or modify the content of customer accounts that violate our GTC or our individual agreements.

Felika Sàrl is not obliged to keep a customer’s account registered or to accept the order of a registered customer.

10. Complaints and Grievances

We place great importance on satisfying our customers. You can reach us at any time using the contact information mentioned above. We will strive to answer your questions and review your complaints as quickly as possible. We will get in touch with you after receiving the documents, entries, or complaints you have sent us. If you have complaints or grievances, please help us pinpoint the exact problem, if necessary by attaching a copy of your order or at least your order number, customer number, etc. We will make sure to respond to you within five working days.

11. Liability

Felika Sàrl is responsible, if it breaches the obligations incumbent upon it under these GTC and under the resulting contractual relations, for any proven damage that it would have caused intentionally or through gross negligence. Whether based on a contract, resulting from an offense, or for any other reason, all liability is expressly excluded in the event of slight, medium, or in the case of consequential damages. Direct damages, for example, are considered to be profit losses, material damages, reputation damages, damages from computer viruses, or data losses due to temporary deficiencies or an interruption of the services of Felika Sàrl. Moreover, Felika Sàrl assumes no contractual or extra-contractual liability for damages caused by auxiliaries tasked with providing the service.

The aforementioned exceptions and restrictions concerning the liability of Felika Sàrl are not valid in the case of direct and culpable injuries, bodily integrity and health impairments, and in the case of mandatory legal regulations, including those relating to the product liability law.

Subject to the aforementioned, the liability of Felika Sàrl is, according to these GTC, limited to the price of the goods that the customer ordered from us, regardless of the basis and to the extent that this is legally permissible.

Events Beyond Our Control

When an event outside our sphere of influence and control (force majeure) occurs, we assume no responsibility in the event of non-performance or delay in performance for the obligations incumbent upon us under these GTC and the resulting contractual relations. Events beyond our control include, for example:

strikes, blockades, or other industrial operations caused by third parties, invasions, terrorist attacks, wars, fires, explosions, storms, floods, earthquakes, landslides, epidemics, pandemics, other natural disasters, failure of public or private communication networks, inability to use rail, river, air, to drive a vehicle, or any other means of moving by means of private or public transport.

If one of these events should occur and affect the fulfillment of our contractual obligations, we will inform you as soon as possible.

Our products, including any samples provided with your order, are intended for domestic and private use. By these GTC, you agree not to use them for commercial, professional, or resale purposes. We disclaim any liability to the customer in case of profit loss, business loss, or loss of earnings.

The contract is established between Felika Sàrl and the customer. No third party has the right to enforce any of these GTC.

If we have omitted to insist on your obligation to fulfill your commitments defined in these GTC and if we do not apply our rights against you or if we have taken a delay, this does not mean that we waive our rights, nor that you are not required to comply with the GTC.

12. Data Protection

Felika Sàrl collects and processes personal data only within the framework of legal provisions while particularly respecting the current data protection law. Further information concerning the processing of your personal data, your rights, and the related questions can be found in our privacy statement. This information also forms an integral part of these GTC.

13. Copyright

Any reproduction, processing, dissemination, or any other form of use requires prior written agreement from the rights holder. Felika Sàrl and the rights holder expressly reserve all related rights.

14. Severability Clause

If any of the provisions of these GTC should prove, for any reason, to be contrary to the law, null and void, the validity of the others shall nevertheless remain intact. Unless otherwise agreed, the null provision will be replaced by an effective provision of the same meaning, the same purpose, and aiming for an economic objective in accordance with the parties’ intentions at the time of the contract conclusion. The same applies in case of a legal gap in these GTC.

15. Applicable Law and Jurisdiction

Swiss substantive law applies exclusively to these GTC, the resulting contractual relations, and in case of dispute, excluding conflicts of law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The jurisdiction for natural and legal persons is at the seat of Felika Sàrl. By these GTC, you accept and we accept that the courts of Chamoson have exclusive jurisdiction to settle any
dispute.

GTC valid from March 1, 2024.

Felika Sàrl
Chemin Neuf 3
CH-1955 Chamoson
info@felika.ch
027 322 88 55

CHE-176.089.257