Legal terms

LEGAL TERMS (1)

GENERAL TERMS AND CONDITIONS OF SALE AND CUSTOMER (1)

GENERAL TERMS AND CONDITIONS OF SALE AND CUSTOMER

GENERAL TERMS AND CONDITIONS OF SALE

Welcome to www.dior.com. This section of our website sets out our terms and conditions of sale (the "Terms and Conditions") including our entire delivery and returns procedure.
These terms and conditions apply to all sales of products to you made through www.dior.com/en_ch (the "Website"). Please read these Terms and Conditions carefully before placing an order with us. These terms and conditions explain who we are, how we supply products to you, how you and we can change or end the contract and what to do if a problem arises and give you other important information.
Our sales are restricted to consumers, who acquire the products for their personal use or family use. We offer the products to you for your private use only and not for commercial or business purposes or for resale. Commercial resale is prohibited.
By placing an order with us, you confirm that you are a consumer and agree to these terms and conditions. If you do not agree to the terms and conditions, please do not place any orders through the website.
We reserve the right to change these terms and conditions at any time. The new version of the Terms and Conditions will apply to all offers or orders placed on the Website after the new version is posted. We therefore recommend that you ensure that you agree to these terms and conditions each time you place an order.
Unfortunately, we cannot accept deliveries to addresses outside Switzerland and Liechtenstein.

1. Information about us and how to contact us
The seller of products via this website to customers with delivery address in Switzerland and Liechtenstein is Parfums Christian Dior AG, a stock corporation, registered in the commercial register of the Canton of Zurich, Switzerland, company number CHE-105.834.929, VAT identification number CHE-105.834.929 VAT; business address Buckhauserstrasse 32, 8048 Zurich, Switzerland.
You can contact us through our customer service team, which can be reached as follows:
Business hours: Monday through Friday from 10:00 to 18:00, except bank holidays in France and the Canton of Zurich.
Telephone number: +41 43 547 99 17
When we need to contact you, we will do so by telephone or write to you at the e-mail address or postal address you have given us in your order.

2. Our products
The images of the products on our website are for illustrative purposes only and are not binding. Whilst every effort is made to display colours accurately, we cannot guarantee that the colour display of any device will accurately reflect the colour of the products. Your products may vary slightly from these images.

3. Our contract with you

3.1 Orders
You can select products from our perfume and cosmetics range and collect them in a so-called shopping cart by clicking on the button "add to shopping cart". Afterwards you have to log in with your customer account and choose the payment method. By clicking the button "order now" or "order with costs" you make a binding request to purchase the goods in the shopping cart. Before sending the order, you can change and view your order at any time. However, your order can only be placed and transmitted if you have accepted these Terms and Conditions of Sale by clicking on the "Accept Terms and Conditions of Sale" button and have thereby included them in your application to purchase the goods.
Our details of goods and prices within any order process are subject to change without notice and are not binding.
Your order constitutes an offer, which we will accept by separate e-mail. If we are unable to accept your order, we will inform you of this by email and will not charge you for the products. This might be because:
- the product is out of stock
- we have identified an error in the price or description of the product
- you have exceeded our Maximum Purchase Policy set out below
- your billing name and address does not match that of the credit card used for payment
- we need to deal with technical problems with the product or make minor technical changes;
- we need to update the product to reflect changes in relevant laws and regulatory requirements.
Please note that we cannot process orders neither to PO Box addresses nor for the postcode area 7562 and 7563.
The acceptance of your order is made by an e-mail with which we confirm your order. With the submission of the declaration of acceptance by us through the separate order confirmation, the purchase contract between us is concluded.
When we have accepted your order, you will see a confirmation page that gives you your unique reference number and the total sum deducted from your credit card account. You can print this page for your reference, or alternatively wait until you receive this information in our acceptance email titled "Thank you for placing your order". The email will show all details of items purchased, delivery addresses, delivery options and packaging options, which you can keep for your records.

If you have any questions about an order, please contact our Customer Care Team using the contact details in condition 1. It will help us if you can tell us the order number whenever you contact us about your order.
3.2 Price and Payment
The price of the products (including VAT) will be displayed when you visit our website and will be visible either in the drop-down shopping basket in the top banner of the website or on the checkout pages when you place an order.

We take all reasonable care to ensure that the price of the products advised to you is correct but in the unlikely event that the products are incorrectly priced, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
You can pay for the Products using the following payment methods:

ACCEPTED CREDIT CARDS:
• MasterCard
• American Express
• Visa

WE'RE SORRY, BUT WE DON'T ACCEPT ANY:
• Checks
• Postal orders
• PayPal
• ApplePay
• TWINT
• GooglePay
• Etc.
Unfortunately, we cannot offer gift certificates or gift cards at this time.
You must pay for the products before we ship them. We do not charge your credit card before shipping the products to you.
IMPORTANT INFORMATION:

For your security and to avoid fraudulent transactions, your billing name and billing address must match those of the credit card used for payment. We reserve the right to cancel orders that do not meet these criteria.

3.3 Maximum Purchase Quantity Policy
We regret that we must limit any orders to no more than five (5) units of any item per order; and (ii) per customer in case of multiple orders placed within 12 months.
3.4 Cancellation of Orders
Occasionally, orders or parts of orders are cancelled by our system for various reasons. These reasons include:
• One or more items are not available;
• Difficulties in processing payment information;
• Cannot deliver to address provided;
Duplicate order was placed.

If your order is cancelled by us, you will receive an email to explain the reason for the cancellation. Your original payment method will be refunded for the appropriate amount.

If you wish to amend or cancel your order prior to dispatch, please call our Customer Care Team on +41 43 547 99 17 quoting your order number to discuss what practical options are available to you. Please note that we generally process orders very quickly and ship within 2-3 days, so it may not be possible to prevent your order from being shipped. In this case, please return your ordered products upon receipt in accordance with our Returns Policy, which is set out below in article 6 and in our Customer Care and FAQs document.

4 Delivery

4.1 Standard delivery
We offer delivery to the address specified in your order by DPD to all orders, usually within 2-3 working days from the date of acceptance of the order by us. Working days are Monday to Friday, excluding bank holidays in the Canton of Zurich.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
All orders require a signature upon delivery. If you are not there to receive your order DPD will leave contact information and a delivery card for you to make alternative arrangements. To ensure secure and undamaged delivery of your order, DPD will not be able to leave your order 'hidden' at the delivery address unless this is specifically requested by you to DPD.
If, after a failed delivery to you, you do not re-arrange delivery or collect the products from the delivery depot then either we or DPD will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and you may be liable to pay us compensation.
We only deliver within Switzerland and Liechtenstein (excluding postal codes 7562 & 7563) and if the billing address is within Switzerland and Liechtenstein.

4.2 Delivery Addresses
Unless you tell us otherwise during the ordering process, we will deliver your purchased products to the delivery address you have provided in your account information. The delivery address must be in Switzerland or Liechtenstein. Orders to mail boxes and orders to the postal codes 7562 und 7563 cannot be accepted.

We will take all reasonable care to deliver to the address given. However, we will not be liable for non-delivery or mis-delivery as a result of incorrect data entry by you.

4.3 Retention of title and transfer of risk
We are entitled to make partial deliveries to the address stated when the order was placed, insofar as this is reasonable for you based on a consideration of your and our interests. The dispatch of partial deliveries shall be at our risk. Upon receipt of each partial delivery, the risk for the delivered items shall pass to you.

The delivered goods remain our property until full payment. In the event of conduct in breach of contract on your part, in particular in the event of default in payment, we shall be entitled, after setting a reasonable deadline, to take back the delivery item; you shall be obliged to surrender it.

5. Your rights to end the contract
You may be entitled to end the contract with us and return the products in accordance with article 40a of the Swiss Code of Obligations or as a gesture of goodwill from our side. However, your right to end the contract depends on the form of conclusion of the contract or of placement of the order, the products you have purchased, whether you have simply changed your mind, whether there is anything wrong with the products we have supplied, how we have performed and when you decide to withdraw the contract.

If you want to end the contract because of something we have done or have told you we are going to do, see condition 5.1.
If you have just changed your mind about the product, see condition 5.2. You may be able to get a refund if you are within the “cooling-off period”, but this may be subject to deductions.
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see condition 5.3.

5.1 Ending the contract because of something we have done or are going to do
If you terminate a Contract for any reason specified below, the Contract will end immediately and we will provide you with a full refund for any undelivered products and you may also be entitled to compensation. These reasons are:
• There was an error in the price or description of the product you ordered and/or we have told you an incorrect price or description and you do not wish to maintain the contract with the correct price/description;
• there is a risk that the delivery of the products may be substantially delayed for reasons beyond our control;
• we have suspended delivery of the products for technical reasons or we notify you that we will suspend delivery of the products for technical reasons; or
• You have a legal right to withdraw or contest the contract due to misconduct on our part.
5.2 Your right to change your mind

Whilst we hope that you are delighted with your order, if for any reason you are not entirely satisfied or you otherwise change your mind, you have a legal right to change your mind and receive a refund within fourteen (14) days of the day on which the products were delivered to you or, where the products were delivered in instalments, within fourteen (14) days of the day on which the last instalment was delivered. Please note that you must notify us of your intention to exercise your right to cancel before the end of this 14-day period by using the form provided by us or by otherwise providing written notice specifically referencing the cancellation and returning the products and any complementary items to us in order to receive a refund.
You do not have a right to change your mind in respect of products where any hygiene seal or similar protection on those products has been broken or tampered with. This does not apply if you are making a return because the products are faulty or damaged (see below).
You also cannot exercise your right to withdraw when you buy products:
• whose price depends on fluctuating financial market prices that we cannot control,
• manufactured specifically to your specifications,
• which, once delivered and by their nature, are inseparable from other articles.
5.3 If there is a problem with the product
Please notify us immediately after delivery of any damage or defects or incorrectly delivered products or if the items listed on the delivery note do not match those included in your delivery by calling our Customer Care Team on +41 43 547 99 17 (Monday to Friday from 10:00 to 18:00, excluding bank holidays in France and Canton of Zurich), quoting your order details. To ensure prompt resolution, please provide the order number and keep the box, packing materials, all complimentary items and the damaged items for inspection by the carrier.
We are committed to providing you with products that comply with this contract.
Please note that if you return products later than fourteen (14) days from the date of delivery,
we may make a deduction in any refund for the use you have had in relation to those products since delivery.
Defective goods must be returned to us. We will pay the cost of postage or collection. Please contact Customer Services using the contact details provided in Article 1 to obtain a returns label or arrange collection.
Please ensure that you obtain proof of posting when you return the products to us. You should retain your proof of posting so that in the unlikely event that the return package is not received by us, you can prove to us that you have returned the Products and any complementary items.

6. How to make a return

6.1 Right of withdrawal
If you are a consumer, who acquired the products for their personal use or family use, you are entitled to a right of withdrawal in accordance with the provisions of article 40a et seq. of the Swiss Code of Obligations. The regulations applicable to the right of cancellation are set out in detail in the following withdrawal policy:
Withdrawal policy
You have the right to withdraw this contract
within fourteen (14) days without giving any reason. The revocation period is fourteen (14) days from the day on which you have offered or accepted the contract and notified of the right of withdrawal.
To exercise your right of withdrawal, you must inform
us, Parfums Christian Dior AG, Service Retours Clients Dior.com, Buckhauserstrasse 32, 8048 Zurich, Switzerland, by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. For this purpose, you may use the enclosed sample revocation form, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send
the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us) after we have received the notification of your withdrawal from this contract and the returned products. For this repayment, we will use the same means of payment and the same payment details or the same credit card account, as the case may be, that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods without undue delay and in any event no later than fourteen (14) days from the day on which you notify us of the cancellation of this contract to

Parfums Christian Dior AG
Service Retours Clients Dior.com
Buckhauserstrasse 32
8048 Zurich
The deadline is met if you return the goods before the expiry of the 14-day period.
You shall bear the direct costs of returning the goods.
Precondition for the exercise of the right of withdrawal is the return by you of the complete and undamaged products. Further, we ask you to keep the products in the original packaging together with any manuals and instructions and with undamaged/non-tampered seal. You have to pay for any loss in value of the goods, except if this loss in value is due to handling of the goods in a manner that not necessary for checking the condition, properties and functioning of the goods.

***
SAMPLE
Cancellation
Form
(Only to be completed and returned if you wish to exercise your right of cancellation).
To:
Parfums Christian Dior AG
Service Retours Clients Dior.com
Buckhauserstrasse 32
8048 Zurich

I/We* hereby cancel the contract concluded by me/us* for the purchase of the following goods*/the provision of the following digital content/the provision of the following associated service*:
Ordered on*/received on*: _____________________________________
Order number: _____________________________________
Name of Consumer(s): _____________________________________
Address of Consumer(s): _____________________________________
_____________________________________
Date:
____________________

__________________________(Signature of consumer(s))
(only if submitting this form on paper)
* Delete as applicable.
***

THE RIGHT OF REVOCATION DOES NOT EXIST OR EXPIRES FOR THE FOLLOWING CONTRACTS:
• Contracts for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature;
• Contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs;
• Contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded.
If free additions (e.g. bonus items or free samples) are included with a delivery when certain goods values are reached, these must be returned in full in the event of cancellation.
If you have paid by credit card, the refund will be made to the associated credit card account.

6.2 Return
If you are entitled to return products under condition 5, you may return your order free of charge via DPD.
Please note that if you make a return using a method other than by DPD (i.e. via Swiss Post or an alternative courier) and you have simply changed your mind, you will be responsible for any applicable costs and charges involved.
Within the order packaging, you will find a Returns Form with details of your order together with details of our returns process.
No refund will be given if the value of the Products is diminished because you have handled the Products in a manner that would not be permitted in a retail store.

a) Return of Products
Products and any complementary items must be returned to us immediately at our distribution centre in Buckhauserstrasse 32, 8048 Zurich, Switzerland.
If you are returning products because you have changed your mind, products and complimentary items must be received at our distribution centre no later than 14 days after the date you tell us you have changed your mind to maintain your entitlement to a refund. Please ensure that the returned parcel is properly sealed.
If you return your package via DPD, you will receive proof of posting for shipment and a code to track your return online at at www.dpd.ch
If you make a return and using a method other than DPD, please obtain and retain your proof of posting to prove to us that you have returned the products in the unlikely event that the return package is not received by us.

b) Refund Processing
If you have returned Products because you have changed your mind, we will refund the calculated refund amount as soon as possible and in any event within twenty-one (21) days of the day we received the returned Products or (if earlier) the day you provided us with proof that you returned the Products to our distribution centre. We are not obliged to provide a refund if you cannot provide proof that you have returned the Products and any complementary items to us. Therefore, please ensure that you retain and produce proof of posting. Please note that full refunds will not be given or returns not be accepted for returned products that show signs of improper use.

If you have returned Products because they are damaged, faulty or incorrectly delivered, we will process your refund as soon as possible and in any event within twenty-one (21) days of the day we receive your returned Products and confirm your claim for refund.

Refunds will only be made to the credit card originally used for the purchase. You will receive an e-mail notification of your refund from our Customer Care Team.

7. Our liability towards you
We are liable for material defects in accordance with the applicable statutory provisions, in particular article 192 et seq. of the Swiss Code of Obligations. We reserve the right to deliver, at our option, new non-defective products if a customer claims and detects defects in the products delivered by us. This right of ours prevails over the customer’s right to choose the warranty right in case of defects of products.

Claims of the customer for damages are excluded (to the extent permissible under mandatory Swiss law). Excluded from this are claims for damages by the customer arising from injury to life, limb or health as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
The restrictions of the paragraph above shall also apply in favour of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

The provisions of the Swiss Product Liability Act shall remain unaffected.
All information on the packaging and instructions for use must be observed. No liability shall be assumed for any application and/or handling deviating therefrom.

We only supply the products to you for private use and not for commercial, business or resale purposes. We therefore will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

8. Personal data
We will use the personal data you provide to us:
(a) to deliver the products to you;
(b) to process your payment for the products and, in case of non-payment, the debt collection by us or a third party; and
(c) if you agreed to this during the ordering process, to inform you about similar products that we offer; you can stop receiving such communications at any time by contacting us.

We will only give your personal information to third parties where the law either requires or allows us to do so.

Please see our Privacy Policy, which contains further information on data privacy and which, inter alia, explains how we use the personal information you submit when you create an account, purchase products, and otherwise use the website.

9. Other important terms
We may transfer our rights and obligations under these Terms to another person or organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. We will not unreasonably withhold or delay our consent.
If any provision of these Terms and Conditions is or becomes void or unenforceable in whole or in part, this will not affect the validity of the remaining provisions.
If we do not immediately insist that you do something that you are obliged to do under these Terms and Conditions, or if we fail to take action against you in respect of a breach of the Contract by you, this will not mean that you are not required to take such action, it will not constitute a waiver of any rights and will not prevent us from taking action against you at a later date.

Any and all legal transactions or other legal relationships with us shall be exclusively governed by substantive Swiss law. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements shall not apply. In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the entitled party (contract with consumers), this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
With regard to consumers, the place of jurisdiction shall be the Swiss place of residence of the consumer. In business transactions with merchants, our place of business in France is agreed as the place of jurisdiction for all legal disputes concerning these terms and conditions and individual contracts concluded under their validity, including actions on bills of exchange and checks. In this case, we are also entitled to sue at the (residential) domicile of the customer.