TERMS & CONDITIONS

GENERAL TERMS AND CONDITIONS

1. General, Scope and Terms of Use

These General Terms and Conditions ("GTC") govern the use ("Terms of Use") of the online store ("Online Shop", "Shop") operated by Faye Labs AG ("FAYE LABS", "we", "us") on www.fayelabs.com and the sale of the products offered there ("Products", "Articles"). These GTC apply to all presentations of the product offerings, the use of the website and its products and services as well as brokerage activities. FAYE LABS reserves the right to make changes, and the German-language GTC published on the website shall apply in each case.

By using the online store, you agree to be bound by these GTC. Therefore, please read the GTC carefully before using or purchasing,

When using our online store you are responsible for the safekeeping of your account access data as well as for the restriction of access of your computer used for the use of the online store. You are required to notify us immediately if you suspect that an unauthorized third party has obtained knowledge of your account information or if you have concrete evidence that a third party has gained unauthorized access to your account information. You warrant that the information provided to us for the use of the online store is correct, complete and up-to-date.

FAYE LABS reserves the right to restrict or block your access to the Online Shop and to close your account if you undoubtedly violate any legal provisions or these TOS.

By using this website, you represent that you are at least of legal age in the country in which you reside, or that you are of legal age in the country in which you reside and have given us your consent to allow your minor dependents to use this website.

By using our online store or sending e-mails or the like to FAYE LABS, you are communicating with us electronically. You agree that FAYE LABS may communicate with you electronically and send you all consents, notices or other communications electronically, unless otherwise required by mandatory law.

The contents of our webshop or the website www.fayelabs.com are protected by copyright. Commercial use, in particular of the product and brand-specific content, is prohibited to the user.

Our store is hosted on Shopify Inc ("Shopify"). Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored in Shopify's data stores, databases, and the general Shopify application. They store your data on a secure server behind a firewall.

When you click on links in our online store, they may take you away from our website. We are not responsible for the privacy practices of other websites and encourage you to read their privacy statements.

2. Data protection

When you purchase something from our store, we collect the personal information you provide, such as your name, address and email address, as part of the buying and selling process. When you browse our store, we also automatically receive your computer's Internet Protocol (IP) address to provide us with information about your browser and operating system.

With your permission, we may send you emails about our store, new products and other updates.

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for delivery, or return a purchase, we assume that you consent to our collecting that information and using it only for that specific purpose. If we ask you for your personal information for any other purpose, such as marketing, we will either ask you directly for your explicit consent or give you the opportunity to decline. If you change your mind after giving your consent, you may withdraw your consent to us contacting you, continuing to collect, use or disclose your information at any time by contacting us.

In general, the third party vendors we use will only collect, use and share your information to the extent necessary for them to provide the services they provide to us. However, certain third party vendors, such as payment gateways and other payment processors, have their own privacy policies regarding the information we are required to provide to them for your purchase-related transactions. We encourage you to read the privacy policies of these providers so that you understand how your personal information is handled by them.

In particular, keep in mind that some vendors are located in a different country or have facilities that are located in a different country than you or us. Therefore, if you choose to conduct a transaction that uses the services of a third-party provider, your information may be subject to the laws of the country in which that provider or its facilities are located.

Once you leave our store's website or are directed to a third-party website or application, you are no longer subject to this Privacy Policy or our website's Terms of Use.

We may disclose your personal information if we are required to do so by law or if you violate our Terms of Use.

We reserve the right to change this Privacy Policy at any time, so please review it regularly. Changes and clarifications will be effective immediately upon posting on the Site. If we make material changes, we will notify you of the update here so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

3. Cookies

By interacting with our website, you agree to the following: The use of cookies or other local storage media where required by law; and the collection, sharing and use of personal information to personalize ads.

By using cookies, we are able to better understand who our users are as well as use cookies to improve and customize your shopping experience.

When you visit the Website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies installed on your device. When you browse the Site, we also collect information about the individual web pages or products you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically collected information as "Device Information."

We collect device information using the following technologies:

- Cookies" are data files that are stored on your device or computer and often contain an anonymous unique identifier. For more information about cookies and how to disable cookies, please visit http://www.allaboutcookies.org.

- Log files" track actions on the website and collect data such as your IP address, browser type, Internet service provider, referring and exit pages, and date and time stamps.

- "Web Beacons", "Tags" und "Pixel" sind elektronische Dateien, die Informationen darüber aufzeichnen, wie Sie auf der Website surfen. Weitergabe Ihrer persönlichen Informationen

Wir geben Ihre persönlichen Daten an Dritte weiter, die uns dabei helfen, Ihre persönlichen Daten zu nutzen, wie oben beschrieben. Wir verwenden zum Beispiel Shopify, um unseren Online-Shop zu betreiben. Hier können Sie mehr darüber lesen, wie Shopify Ihre persönlichen Daten verwendet: https://www.shopify.com/legal/privacy.

Wir verwenden auch Google Analytics, um zu verstehen, wie unsere Kunden die Website nutzen. Hier können Sie mehr darüber lesen, wie Google Ihre persönlichen Daten verwendet: https://www.google.com/intl/en/policies/privacy/. Sie können Google Analytics auch hier abbestellen: https://tools.google.com/dlpage/gaoptout.

Wenn Sie in Europa ansässig sind, weisen wir außerdem darauf hin, dass wir Ihre Daten verarbeiten, um Verträge mit Ihnen zu erfüllen (z. B. wenn Sie eine Bestellung über die Website aufgeben) oder um unsere oben aufgeführten legitimen Geschäftsinteressen zu verfolgen. Bitte beachten Sie außerdem, dass Ihre Daten außerhalb Europas, einschließlich Kanada und den Vereinigten Staaten, übermittelt werden.

4. Services / Contract of Sale

FAYE LABS sells its own skin care products in its online stores. The placement of products in the online store is not a legally binding application, but represents in its entirety a non-binding online product catalog. If you merely place products in the electronic shopping cart, this does not constitute a binding order. You do not place a binding order for products contained there until you click on the "Pay" or "Checkout" button on the order page. The confirmation of receipt of this order will be sent immediately by automated e-mail and does not constitute acceptance of the contract. FAYE LABS will next check your order and the availability of the ordered products and accept the contract either by sending a contract confirmation electronically or by delivering the goods within five days.

5. Description of the offer

The description of the products offered in the online stores are correct at the time you set them. The product pictures and videos used in connection with the products serve only to describe the respective article. Colors and shapes may partly differ slightly from the actually delivered product. FAYE LABS makes every effort to ensure that the descriptions, images and videos are as realistic as possible.

6. Sales prices and minimum order value

All prices stated in the online store are in Swiss francs by default and include the statutory Swiss VAT of 7.7%. By selection of the customer the selling prices in further currencies are indicated, whereby these prices correspond in content to the prices first mentioned in Swiss francs, converted at the current exchange rate.

Shipping costs are not included in the indicated prices. For deliveries abroad, additional customs duties, taxes and fees may be incurred upon importation, which shall be borne by the buyer. The applicable shipping costs usually depend on the recipient country and the order value and are transparently displayed in the online store immediately before the payment process.

We sell our products via online store exclusively n household quantities and for personal use.

7. Payment and delivery

The online payment methods offered in the store can be used. The online data transmissions are SSL-encrypted (so-called Secure Socket Layer technology) and each transaction is authorized online with the corresponding payment providers. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all so-called PCI-DSS requirements and implement other generally accepted industry standards.

Purchases are reflected on the purchaser's credit card statement under "Faye Labs AG". Your credit card account will be charged upon completion of the order. Purchase on account is not possible for end consumers in the online stores operated by FAYE LABS. The payment terms of resellers are agreed bilaterally.

If you choose a direct payment gateway to pay for your purchase, Shopify stores your credit card information. These are encrypted by the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as it is needed to complete it. After that, your transaction data is deleted. All direct payment gateways adhere to the standards set by the PCI-DSS, which are managed by the PCI Security Standards Council, a joint initiative of brands such as Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of credit card data by our store and its service providers.

FAYE LABS ships products sold in appropriate recyclable cardboard boxes, securing items inside with environmentally friendly stuffing material. Shipping is done with established international logistics companies. Items for immediate delivery are made ready for shipment and shipped within 48 hours at the latest. After the shipment is packed, you will receive an email from FAYE LABS with a link to track the package and the expected delivery date. No partial shipments will be made. FAYE LABS will not be held liable in the event of loss or theft of the items shipped. Until the time the goods are shipped from our distribution warehouse, FAYE LABS is entitled to cancel the order without giving any reason and refund the purchase price in full.

8. Vouchers

A maximum of one voucher can be redeemed per order. At the end of the ordering process, the voucher code is entered in the field provided. The corresponding amount will be deducted directly from the current order.

9. Right of withdrawal / refusal of acceptance

The customer can revoke his order without giving any reason within 24 hours. After expiration of the revocation period, the purchase contract is legally binding.

If the customer refuses to accept the ordered goods without having cancelled the order before leaving our warehouse, a handling fee of CHF 45.-- will automatically be charged.

10. Return of goods, exchange and warranty

The customer can return the products purchased in the online stores operated by us within 5 days after receipt. This provided that the goods are undamaged and unopened. In addition, a handling fee of CHF 45.- will be charged, unless the delivered items do not match the details of the confirmed order. In case of such a wrong delivery FAYE LABS will bear the return costs, otherwise these are always to be borne by the buyer. Courier shipments as well as general cargo are organized by FAYE LABS. The Buyer must contact FAYE LABS customer service for this purpose. Gift sets, reduced items or opened products are excluded from the right of exchange and return.

The warranty is provided in accordance with the statutory provisions. In the case of justified complaints, the customer has the choice of product replacement or credit to an account specified by him/her.

11. Liability

The liability of FAYE LABS shall be limited to the minimum permitted by law, unless expressly provided otherwise in these GTC. This means that FAYE LABS does not assume liability

- for indirect and consequential damages (e.g. compensation for consequential damages and financial losses, loss of profits, loss of interest) in its entirety,

- excludes liability for auxiliary persons for gross negligence and unlawful intent and/or

- fully excludes liability for non-contractual damages; the mandatory statutory provisions of the Product Liability Act shall remain unaffected.

In particular, FAYE LABS accepts no liability for the improper handling or use of skin care products purchased from us. Please consult the relevant instructions on the product packaging and on our website www.fayelabs.com for the correct use of our products.

Please note that the products offered for sale on the FAYE LABS website are not intended to diagnose, cure, alleviate, prevent or treat any disease or health condition and should not be considered medical devices. Please avoid contact with eyes and do not eat the skin care products.

FAYE LABS products comply with Swiss and EU skin care regulations. However, we strongly advise that you test each product on a small area of skin before use and discontinue use immediately if a reaction occurs.

By purchasing our products, you acknowledge the fact that some natural ingredients, especially essential oils, may cause hypersensitivity reactions in sensitive individuals and that FAYE LABS cannot be held responsible for such occurrences. You, as a customer, accept full responsibility if you continue to use or purchase products without full or complete knowledge of the ingredients and/or functions of the products. You, of course, have the right to inquire via email or social media direct messaging prior to purchase.

FAYE LABS is not liable for individual reactions to specific ingredients. Remember to read our labels and ingredient lists carefully and follow the appropriate directions for use. If you have a specific allergy or sensitivity, do not use ingredients that may cause a reaction. Allergy patch testing is strongly recommended if you are in doubt or have a history of skin reactions.

You are deemed to be aware of all of the above and the standard skin care advice if you continue to use the FAYE LABS website and products

12. Severability clause

Should individual provisions of these General Terms and Conditions be invalid and/or ineffective in whole or in part, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come as close as possible in economic terms to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provisions.

13. Final provisions

Obvious errors and price changes are reserved at all times.

All disputes arising in connection with these GTC between FAYE LABS and a Buyer shall be governed by Swiss law. The place of jurisdiction is Horgen, Switzerland.

Gender Disclaimer:

A generic masculine is used in this document. If the statements require it, all gender identities are always meant. The use is solely for better readability and does not imply any valuation.

Version as of February 1, 2023

Faye Labs AG, Nehus 6, CH-8816 Horgen, Switzerland