GENERAL TERMS

AND CONDITIONS

General Terms and Conditions of Swiss Skin Power Ltd. for the Onlineshop <www.embyou.swiss>

1. Scope and Validity

1.1. The purchase of products from the online shop <www.embyou.swiss> („Onlineshop“), which is operated by Swiss Skin Power Ltd., a company registered in the Commercial Register of the Canton of Zurich under the company number CHE-486.506.169 and with corporate seat in Zurich and address at Gessnerallee 28, 8001 Zurich („SWISS SKIN POWER Ltd.“) is subject exclusively to the present general terms and conditions („GTC“), which form an integral part of the purchase contract. These GTC are considered accepted by the customer when he places an order. Should the customer not want to accept the present GTC, he must refrain from placing an order.

1.2. These GTC can be amended by SWISS SKIN POWER Ltd. at any time. The customer should therefore check the GTC before each new order. The customer is bound by the current general GTC when placing an order.

2. Order and Delivery

2.1. The offers on display in the Onlineshop do not constitute a binding offer to conclude a purchase agreement. The customer’s order represents a binding offer to purchase, which SWISS SKIN POWER Ltd accepts, upon availability, by proceeding to the delivery. After sending his order, the customer may not withdraw from the contract anymore. SWISS SKIN POWER Ltd. confirms receipt of the order immediately by sending a confirmation email.

2.2. The ordered products will be dispatched after the full purchase price according to Section 3.1. of these GTC has been credited to the account of SWISS SKIN POWER Ltd., if possible within one working day if the order is received by 14:00, whereby no delivery period is guaranteed. Deliveries shall only be made to addresses within Switzerland and Liechtenstein, but not to other foreign countries.

2.3 The risks pass to the customer upon the handing over of the ordered products for delivery by SWISS SKIN POWER Ltd. to the Swiss Post or another delivery company.

3. Price and Payment

3.1. The prices displayed in the Onlineshop at the time of the placement of the order apply. They are given in Swiss francs (CHF) net. In addition, the applicable statutory value-added tax, if applicable, and the delivery costs incurred, which are all shown in the order overview before the order is sent, apply. Not included are any additional taxes and customs duties for deliveries outside Switzerland and for which the customer is exclusively liable.

3.2 Payment is made by credit card (Mastercard or Visa) or through Paypal. After submitting the order the customer shall be forwarded to the website of the credit card company or Paypal for payment.

4. Defects and Warranties

4.1. SWISS SKIN POWER Ltd. warrants to the customer that the products correspond to the description in the Onlineshop and that they are usable beyond the date of delivery in accordance with standard commercial practice. Any further warranty is excluded, in particular the unrestricted tolerance. Should a customer have an individual intolerance and/or allergy, he is responsible for the corresponding prior testing for ingredients that may cause him an intolerance or an allergy.

4.2. The customer must check the products for any defects immediately after their receipt and must (a) notify per email SWISS SKIN POWER Ltd. of any defects within a maximum of 10 days after receipt, stating the order number and providing the exact description of the defect and (b) return the defective product unused, complete and in its original packaging to SWISS SKIN POWER Ltd. After expiration of this deadline the delivered product is considered accepted.

4.3. Damage caused by the customer by careless opening and use in disregard of the package instructions shall not be deemed a defect. Unfulfilled expectations regarding the product which have not been explicitly warranted shall not be considered as a defect either.

4.4. In case of defects for which SWISS SKIN POWER Ltd. is liable under Section 4.1 of the present GTC, the customer is entitled to a replacement delivery. A product that has been already used cannot be returned and exchanged. Instead of a replacement delivery, SWISS SKIN POWER Ltd. is also entitled to withdraw from the purchase contract and refund the purchase price paid to the customer on the credit card account used. Any further warranty of SWISS SKIN POWER Ltd. is hereby excluded.

5. Intellectual Property

The Onlineshop and the content published thereon are the intellectual property of SWISS SKIN POWER Ltd. or its contractual partners. The content may be used for ordering from the Online shop. Any other use by the customer is prohibited.

6. Data Protection

6.1. SWISS SKIN POWER Ltd. covenants to comply with Swiss data protection legislation and to take appropriate technical and organisational measures to protect customer data.

6.2. SWISS SKIN POWER Ltd. processes the data transmitted by the customer with the order exclusively for the purpose of processing the order, including delivery, bookkeeping and provide the customer with news from SWISS SKIN POWER Ltd. For this purpose, SWISS SKIN POWER Ltd. makes use of third-party services companies (including but not limited to hosting providers, IT service providers, payment services, Swiss Post or other delivery services) to which SWISS SKIN POWER Ltd. makes the transmitted data accessible. The credit card data is not processed by SWISS SKIN POWER Ltd., but by the third party company involved in the payment processing. No data will be transferred to a country outside Switzerland or the EU without adequate data protection legislation, unless the customer is in such a country. The customer agrees to the data processing as disclosed and described in this section. If the customer does not wish to receive new information from SWISS SKIN POWER Ltd., he can unsubscribe at any time.

6.3. The customer is aware that the transmission of data via the Internet is unfortunately not completely secure and transmits his data at his own risk.

7. Liability

7.1. The liability of SWISS SKIN POWER Ltd. is limited to the reimbursement of the purchase price paid by the customer.

7.2. SWISS SKIN POWER Ltd. liability for damages or loss of profit as a result of defects, intolerance or delays in delivery of the ordered products is excluded within the statutory limits.

8. Applicable law and Forum of Jurisdiction

8.1. Swiss substantive law is applicable to the relationship between SWISS SKIN POWER Ltd. and the customer to the exclusion of international conflict of laws rules and the United Nations Convention on the international sale of goods.

8.2. The exclusive forum of jurisdiction shall be the ordinary courts of Zurich 8001.

9. General Provisions

9.1. Notices and deliveries from SWISS SKIN POWER Ltd. to customers shall be deemed valid if they are sent to the address communicated by the customer to SWISS SKIN POWER Ltd. in the purchase order.

9.2. Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. Ineffective provision(s) shall be replaced by provision(s) which come as close as possible to the intended economic purpose of the ineffective provision(s).

Version: January 2019