AGB

General Terms & Conditions

1. Scope of Application

The business relationship between Kösme by N. Shibaeva (“Kösme”, “online shop/store”, “we”, “our”) and the customer is governed by these General Terms and Conditions (“GTC”) and the Swiss Code of Obligations.
Kösme may modify the GTC at any time. The version in force at the time the customer places an order (“order” / “contract”) applies to that order and cannot be unilaterally changed thereafter. Customer terms that conflict with or deviate from these GTC are not accepted. Changes are communicated in writing or published on our website and take effect immediately unless stated otherwise.
Products are offered while listed in the shop and/or while stock lasts. Orders exceeding typical household quantities may be declined. Orders are placed electronically through the online shop. By placing an order, the customer accepts these GTC in full.

2. Products and Availability

2.1 Products

Kösme offers cosmetic products free from material defects in design, workmanship and materials at the time of dispatch or within the statutory warranty period under Swiss law. We may modify, substitute or discontinue products without prior notice.

2.2 Availability

Delivery delays may occur (e.g., supply chain disruptions). All availability and delivery time details are non-binding and may change at any time.

2.3 Minimum Order Value

Unless otherwise agreed in writing, each order must meet the minimum order value as shown at checkout and/or on our Help/Delivery page. If an order is below the threshold, Kösme may (i) apply a clearly disclosed minimum-order fee or (ii) decline the order.

2.4 Customer Account

Customers may create an optional account for faster checkout, repeat orders and order history. Registered users need not re-enter their details each time.

2.5 Pre-Orders and Exchange Policy

Selected items may be offered on a pre-order basis. Indicative delivery dates are shown at purchase. Pre-orders are billed in full at checkout and may be cancelled free of charge up to the day before dispatch.
Exchanges may be requested within 14 calendar days of receipt and are accepted only if unused, unopened and in original packaging, subject to availability. Unless due to our error or a product fault, the customer bears return shipping and any applicable exchange fees. See our Return Policy for details.

3. Orders and Contract Conclusion

3.1 Contract Conclusion (Invitation to Treat)

Product listings and prices in the online shop constitute a non-binding invitation to treat. The customer submits a binding order at checkout. Acceptance occurs upon our explicit order confirmation or dispatch of the goods, whichever occurs first.
Standard orders may be cancelled by the customer within 24 hours of ordering. After this window, the contract is binding, subject to the Returns in Section 7 (and Section 8 for EU/EEA consumers). Pre-orders: see Section 2.5.

3.2 Orders

After an online order is placed, an automated confirmation is sent to the provided email. This acknowledges receipt and is not a delivery guarantee. Kösme may refuse any order without stating reasons.

4. Pricing and Payment Terms

4.1 Pricing

All prices are in CHF and include VAT where applicable, unless stated otherwise. If paying in another currency, the customer bears any conversion fees or exchange rate differences charged by their provider.
Prices may change without notice; the price applicable is that displayed at checkout at the time of ordering. Additional costs (e.g., shipping, special delivery) are shown separately at checkout and form part of the total.
Accepted payment methods are those shown at checkout. One voucher per order. Voucher validity: 12 months unless stated otherwise. Residual values remain on the voucher until expiry; expired vouchers are not redeemable unless mandatory law provides otherwise.
Goods remain Kösme’s property until paid in full; we reserve the right to register the retention of title in the official register to protect our claim against third parties.

4.2 Payment Terms

We use secure payment gateways; payment details are processed under industry-standard encryption and are not stored on our servers.
For deferred-payment orders, payment deadlines appear on the invoice. Late payments may incur fees/interest as permitted by Swiss law. Failure to pay may result in order cancellation and recovery action; recovery costs (including legal fees) are borne by the customer.

4.3 Manifest Errors

Obvious/manifest errors in pricing, availability or description (e.g., typographical or system errors) are non-binding. Kösme may rescind or adjust the contract even after order confirmation; in such case we will inform the customer without undue delay and refund any payments received.

5. Delivery and Risk Transfer

5.1 Delivery

Delivery options are shown on the site and/or at checkout. Delivery times are approximate and not binding. Delivery is made to the address provided by the customer.

5.2 Risk Transfer

Risk of loss or damage passes to the customer upon delivery to the customer or authorised recipient at the specified address.
If the customer explicitly selects Authority-to-Leave (ATL) or another unattended delivery option, risk passes upon the carrier’s delivery scan at the address.
Kösme is not liable for delays or failures caused by incorrect delivery information. If an order marked as “ready for collection” is not collected within 14 calendar days, Kösme may cancel the contract.

5.3 Customs Duties, Import Taxes and Fees

Unless explicitly stated, shipping costs do not include customs duties, taxes or import fees for deliveries outside Switzerland. The customer is responsible for such charges and for compliance with local import laws and regulations.

5.4 Undeliverable/Refused/Unclaimed Parcels

If a parcel is undeliverable, refused, unclaimed, or returned due to incorrect/incomplete address or failure to collect, we will (i) offer re-delivery against payment of re-shipping and any carrier storage/return fees, or (ii) treat it as a return. For option (ii), refunds are made per Section 7 (and Section 8 for EU/EEA consumers) less outbound shipping, return shipping, and any carrier surcharges actually incurred, unless we are at fault.

6. Inspection of Goods and Defects

Customers should inspect goods without undue delay after delivery and notify us of defects promptly after discovery. Contractual notification periods do not limit mandatory statutory rights.
If damage occurs before risk passes (see 5.2), we will handle the carrier claim and provide a replacement or refund according to statutory rights. We may have defects assessed by staff or independent experts. All items are checked before dispatch; we are not responsible for damage due to improper handling/storage after delivery.

7. Returns (Switzerland)

Returns are accepted only if unopened, unused and in original packaging, requested within 14 calendar days of receipt. We refund the item price; original shipping and return shipping are not refunded. Refunds are processed via the original payment method within 14 calendar days after we receive and verify the return. See the Return Policy for process details. For hygiene/health protection reasons, opened cosmetic/skincare products cannot be returned.

8. EU/EEA Consumers – 14-Day Withdrawal Right

If you are an EU/EEA consumer and we deliver to your country, you have a 14-day withdrawal right under applicable law. We provide the required pre-contract information and a model withdrawal form on our Help/Legal pages.

Effects of withdrawal:

• We will refund all payments received for the goods, including the cost of standard delivery to you (if any), but excluding any supplementary costs resulting from your choice of a delivery method other than the least expensive standard delivery we offer.
  
  
• You must send back the goods no later than 14 days from informing us of your decision to withdraw.
  
  
• Unless we agree otherwise or the goods are defective/incorrect, you bear the direct cost of return.
  
  
• We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them back, whichever is earlier.
  
  
• You are liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
  
  
• Refunds are made via the original payment method.
  
  
• ODR platform: Where applicable, you can find the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/
  
  

Return address for EU/EEA withdrawals:
Kösme by N. Shibaeva, c/o Schifflände 26, 8001 Zürich, Switzerland (or as otherwise instructed in your return authorisation email).

9. Product Storage and Handling

Customers must store products per the manufacturer’s instructions. Kösme is not liable for damage from improper storage/handling after delivery.

10. Liability

10.1 General

To the extent permitted by law, Kösme is not liable for damages resulting from improper handling or use. We are not liable for: (i) minor negligence; (ii) indirect, consequential or incidental damages; (iii) unrealised savings or loss of profit; (iv) damages from delivery delays; (v) official directives; (vi) allergic/intolerant reactions, except where mandatory law provides otherwise.

Nothing in these GTC excludes or limits liability for gross negligence, wilful misconduct, fraud, or death/personal injury, and any mandatory statutory liability remains unaffected.
Always review ingredients and patch-test before use. Discontinue use and seek medical advice if irritation occurs.

10.2 Website/Third-Party Services

Kösme accepts no responsibility for losses arising from use of our websites or links to third-party sites/services (e.g., payment processors, carriers). We take reasonable security measures but cannot guarantee uninterrupted, error-free operation or protection against external breaches.

11. Force Majeure

Kösme is not liable for failure/delay due to events beyond reasonable control (e.g., natural disasters, pandemics, war, strikes, supply chain or transport disruption, government action). Obligations may be suspended during the event. If it lasts over 14 days, either party may terminate by written notice.

12. Intellectual Property

All content, trademarks, logos, designs and product descriptions are protected by Swiss IP laws. Unauthorised use is prohibited.
If the customer submits ideas, suggestions or other creative content, the customer grants Kösme a worldwide, royalty-free, perpetual, irrevocable licence to use, adapt and incorporate such submissions without obligation. The customer warrants submissions do not infringe third-party rights and must not include personal data unless expressly requested and consented. Kösme may remove unlawful or inappropriate submissions.

13. Warranty (Statutory)

Statutory warranty rights apply for 2 years from delivery; remedies may include repair, replacement or refund of defective items within the warranty period. In the case of defective or incorrect items, we bear the reasonable return and re-shipment costs. This does not limit any mandatory product-liability rights.

14. Data Protection

Kösme processes personal data under Swiss data protection law and, where applicable, the GDPR. For details on purposes, lawful bases, recipients, retention, international transfers and user rights (access, rectification, erasure, objection, portability), please see our Privacy Policy.

15. Severability

If any provision is invalid or unenforceable, the remaining provisions remain in force.

16. Governing Law and Jurisdiction

These GTC and all agreements with Kösme are governed by Swiss law. The UN Sales Convention (CISG) does not apply.
The courts of Zurich, Switzerland have exclusive jurisdiction to the extent permitted by mandatory consumer protection law. For customers domiciled abroad, Zurich is also the place of performance and debt collection where permitted by law.

17. Dispute Resolution (Mediation)

In case of a dispute, the parties will first seek an amicable settlement in good faith. A mediator experienced in commercial mediation will be appointed by mutual agreement; if none is agreed within three weeks of a written mediation proposal, a mediator will be appointed via the Swiss Mediation Association (SDM-FSM). If no settlement is reached within two months of the first mediation meeting, either party may refer the dispute to the ordinary courts of Zurich per Section 16.

18. Contact & Eligibility

Kösme by N. Shibaeva
c/o Schifflände 26, 8001 Zürich, Switzerland

Email: hello@kosmeshop.ch

UID: CHE-­336.169.394

Eligibility: Purchases may only be made by individuals 16+ with legal capacity.