Terms & Conditions
1.2 When we refer to "we", "us" or "our", we mean Nescens Beauty LLC. When we refer to "you" or "your" we mean you, the person accessing or using our Website.
- Our Website
2.1 Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
2.3 WE DO NOT GUARANTEE THAT THE WEBSITE, OR ANY CONTENT ON IT, WILL BE FREE FROM ERRORS OR OMISSIONS. WE USE REASONABLE EFFORTS TO INCLUDE ONLY ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE; HOWEVER WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, CONCERNING SUCH INFORMATION.
2.4 The Website and the content on it are provided for general information and entertainment purposes only. They are not intended to amount to advice (medical or otherwise) on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
- Your account and password
3.1 If you resister with us, you will be asked to provide your email address and password as part of our security procedures. You must treat such information as confidential and you must not disclose it to any third party.
- Our rights
4.1 We are the owner or licensee of all intellectual property rights in the Website and its content, the Nescens name and mark and Nescens's product names, images and packaging. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.3 No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
4.4 Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy Nescens products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
- Our liability
5.1.1 death or personal injury caused by our negligence;
5.1.2 fraud or fraudulent misrepresentation; and
5.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
5.2 THE WEBSITE IS MADE AVAILABLE "AS IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR WEBSITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.
5.3 WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
5.3.1 USE OF, OR INABILITY TO USE, OUR WEBSITE; OR
5.3.2 USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR WEBSITE.
5.4 IF YOU ARE A BUSINESS USER, PLEASE NOTE THAT IN PARTICULAR, WE WILL NOT BE LIABLE FOR:
5.4.1 LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
5.4.2 BUSINESS INTERRUPTION;
5.4.3 LOSS OF ANTICIPATED SAVINGS;
5.4.4 LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
5.4.5 ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
5.5 IF YOU ARE A CONSUMER USER, PLEASE NOTE THAT WE ONLY PROVIDE OUR WEBSITE FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR WEBSITE FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
5.6 WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.
5.7 WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR WEBSITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.
5.8 Different limitations and exclusions of liability will apply to liability arising as a result of the sale of any Nescens products by us to you. These are set out in our Terms and Conditions of Sale.
6.1 We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website and we recommend that you use your own virus protection software.
6.2 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
- Buying Nescens products
If you use the Website to buy products from us, our Terms and Conditions of Sale will apply to your purchase. Please take the time to read our Terms and Conditions of Sale as they include important information and terms. If you do not accept our Terms and Conditions of Sale, you are not permitted to buy products from us through the Website.
- Your personal information
- Governing law and jurisdiction
- Contacting us
Thank you for visiting our Website.
TERMS AND CONDITIONS
These Terms and Conditions will apply to any contract for the sale of Products by us to you (“Contract”). Please read these Terms and Conditions carefully and make sure that you understand them before ordering any Products from our Website.
Please note that by ordering any of our Products, you agree to be bound by these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order Products from our Website.
- Understanding these Terms and Conditions
- About us
- Our Products
- Your account
- Buying Products from us
- Product prices
- Methods of payment
- Returns and refunds
- Our liability
- Using our Website
- Your personal information
- Events outside of our control
- Changes to these Terms and Conditions
- Other important information
- Governing law and jurisdiction
1. Understanding these Terms and Conditions
1.1 When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.2 When we refer to "we", "us" or "our", we mean Nescens Group AG. When we refer to "you" or "your" we mean you, the person buying Products from our Website.
1.3 We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions, and any Contract between you and us, are only available in the English language. We will not file copies of the Contract between you and us so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time, as explained in section 14 below). Please check the Website each time you order Products to ensure you understand the legal terms that will apply to the Contract at that time.
2. About us
2.1 We are Nescens Beauty USA LLC, a Texas Limited Liability Company, and we operate the Website.
2.2 If you would like to contact us, please use the form on the Contact Us page of our Website and our customer services team will be happy to assist you.
3. Our Products
3.1 We have an unparalleled commitment to excellence, luxury and the science of skincare. Our range of Products helps prolong the youthful appearance of even the most delicate skin by confronting the problems of premature aging, environmental hazards and the stress of contemporary life.
3.2 The images of the Products on our Website are for illustrative purposes only. The packaging and presentation of the Products may vary from that shown on images on our Website.
3.3 Many of our Products are available in different sizes, weights, quantities and varieties. The various options for each Product are stated on the relevant Product page on our Website.
3.4 All Products shown on our Website are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if made.
4. Your account
4.1 You do not have to register to explore our Website or to buy Products from us, but, if you do chose to register and create an account with us, this will allow you to fully enjoy our Website and enable us to customise your experience, making shopping easier for you.
4.2 By creating an account, you can store your debit and credit card information for easier and faster checkout, store and edit your delivery addresses and billing information and review your previous purchases and order history.
4.3 When you register or buy Products through our Website, you will be required to provide certain information including your name, phone number and email address. You will also be required to provide valid details of a credit or debit card which you are legally entitled to use. We reserve the right to request additional evidence or proof of billing information where we think this is necessary. You confirm that all information you provide to us at any time is true, accurate and complete.
5. Buying Products from us
5.1 You may only buy Products from our Website if you are at least 18 years old.
5.2 You may not buy Products from our Website for business and/or resale purposes.
5.3 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. In particular, please check the quantities, sizes and weights of each of the Products in your order.
5.4 By clicking the “Submit order” you are committing to buy and pay for the Products in your order. This is an offer from you to enter into a Contract with us to buy the Products in your order. The Contract is subject to these Terms and Conditions. By placing an order, you confirm that you accept these Terms and Conditions.
5.5 After you place an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
5.6 If we accept your order, we will confirm this to you by sending you an email (“Order Acceptance”). The Contract between us will only be formed when we send you the Order Acceptance. We will send you a further email when the products in your order have been shipped (“Shipping Confirmation”). The Order Acceptance will also include details of your rights to cancel the Contract – please read this information carefully as it is important that you are aware of your rights.
5.7 Only the Products listed in the Order Acceptance are included in the Contract between you and us. If there are any errors in your Order Acceptance, please contact us as soon as possible using the form on the Contact Us page of our Website (available at Contact Us).
5.8 If we are unable to supply you with a Product (because, for example, that Product is not in stock or is no longer available) we will inform you of this by email and we will not process your order. If you have already paid for the Product(s), we will refund you the full amount as soon as possible.
6. Product prices
6.1 The prices of the Products will be as quoted on our Website from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, it is always possible that, despite our efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We do not have to provide the Products to you at a lower price where we have made a pricing error. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat your order as cancelled.
6.2 The prices of the Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Acceptance.
7. Methods of Payment
7.1 You can pay for Products using a debit card or credit card. We accept the following cards: American Express, Visa, MasterCard and Discover.
7.2 By ordering Products from us through our Website, you authorise us to perform credit and anti-fraud checks on you and the payment method that you have provided. These checks may be required, amongst other things, to verify your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorisation and/or to authorise individual purchases. You authorise us to disclose information provided by you, including personal information, to third parties such as banks and the providers of credit reports for the purposes of these checks, and accept that such parties may keep a record of that information. You also agree that we may make the information we receive from such checks available to third parties including fraud prevention and credit reference agencies. We reserve the right to put in place additional payment security systems from time to time.
7.3 If the amount due from you for your order cannot be debited or charged, for whatever reason, your order will be cancelled (we will notify you of this using the contact details you provided during the order process).
7.4 Your debit card or credit card will not be charged until we ship your order (at which point we take payment for the Products and all applicable delivery charges in full).
8.1 Your order will be fulfilled by the estimated delivery date set out in the Shipping Confirmation, unless there is an event outside of our control (please see section 13 below for more information about these events). If we are unable to meet the estimated delivery date because of an event outside of our control, we will contact you with a revised estimated delivery date.
8.2 Delivery will be completed when we deliver the Products to the address you gave us (so please make sure that the delivery details you provide are accurate as we cannot be responsible for any delayed or failed deliveries as a result of your error).
8.3 If you order Products from our Website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such laws or regulations.
9. Returns and refunds
9.1 We want you to be completely satisfied with the Products you have ordered from us. If you have any problems with the Products you have ordered, please contact our customer services team using the form on the Contact Us page of our Website. Details of your legal right to cancel your Contract with us, and an explanation of how to do this, are set out below and provided in the Order Acceptance that we send to you.
9.2 You may return Products to us and receive a full refund of the price paid for the Products provided that you return the Products to us (or notify us of your intention to do so) within 30 days of the Products being delivered to you.
9.3 If you want to return Products to us, please to tell us by sending an email to email@example.com We will send you an email to confirm that we have received your return request. You may wish to keep a copy of this (and any emails you send to us) for your own records.
9.4 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you contacted us (as described in section 9.3 above). We will refund you on the credit card or debit card that you used to pay.
9.5 In order to receive your refund, you must return the Products to us as soon as reasonably possible. Unless the Products are faulty or not as described (in which case, section 9.6 below will apply), you will be responsible for the cost of returning the Products to us. You are responsible for taking reasonable care of the Products until they are returned to us. We recommend that you return them to us using a recorded delivery service and that you keep proof of postage. We will be unable to provide you with a full refund if the Products are not returned to us or if they are damaged when they arrive.
9.6 In the unlikely event that the Products we sell to you are faulty or not as described, you may have additional legal rights to receive a refund in relation these Products. These legal rights are not affected by our general returns policy (set out above) or by these Terms and Conditions. Advice about your legal rights is available from your local or national consumer protection body.
10. Our liability
10.1 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
10.2 We only supply Products (including any free samples provided with your order) for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We do not in any way exclude or limit our liability for:
10.3.1 death or personal injury caused by our negligence;
10.3.2 fraud or fraudulent misrepresentation; and
10.3.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
11. Using our Website
12. Your personal information
13. Events outside of our control
13.1 In rare circumstances, events outside of our reasonable control may delay or prevent us from performing our obligations under the Contract. If these events occur, we will try to perform our obligations to you as soon as we can. We cannot, however, accept liability for any losses caused to you as a result of any delay or failure by us to perform our obligations where such delay or failure is due to an event which is outside of our reasonable control.
13.2 If an event outside of our reasonable control takes place that affects the performance of our obligations under the Contract:
13.2.1 we will contact you as soon as reasonably possible to notify you; and
13.2.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control. Where the event outside of our reasonable control affects delivery of Products to you, we will arrange a new delivery date with you after the event outside of our reasonable control is over.
14. Changes to these Terms and Conditions
14.1 We may make changes to these Terms and Conditions from time to time (if, for example, we have made changes to how we accept payment from you, or if there is a change in the law that means we need to change these Terms and Conditions).
14.2 Every time you order Products from us, the Terms and Conditions in force at that time will apply to the Contract between you and us. The current version of these Terms and Conditions will be available on our Website. Please check the Terms and Conditions on our Website each time that you order Products from us to ensure that you understand the Terms and Conditions that apply at the time.
We hope that you don’t have cause for a complaint but, if you do, we want to hear about it so that we can try and resolve it and make sure it doesn’t happen again. Please contact our customer services team using the form on the Contact Us page of our Website (available at Contact Us).
16. Other important information
16.1 We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.
16.2 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.3 Each of the sections of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
16.4 If we fail to insist that you perform any of your obligations under these
Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.5 These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
NESCENS, HIGH-PERFORMANCE ANTI-AGING COSMECEUTICALS
The range offers a highly innovative approach to anti-aging, based on an understanding of the molecular mechanisms involved in the maintenance and repair of the skin structures.
Nescens cosmeceutical products blur the line between cosmetics and pharmaceutics. They contain biologically-active components, selected on the basis of scientific data resulting from biomedical research.
PROFESSOR JACQUES PROUST
Pioneer in the biology of aging and anti-aging medicine, he founded the Center for the Prevention of Aging over 20 years ago.
It represents the birthplace of the Nescens Clinique de Genolier and of the Nescens brand.
He aims to make the latest scientific advances related to the prevention and treatment of pathophysiological manifestations associated with aging available to patients.
Nescens is a member of Swisscos, an association for the protection of the origin of Swiss cosmetics.
This certification, symbol of quality and expertise, certifies that 100% of the research and development, as well as the manufacturing and packaging of the products are of Swiss origin.
They are also subject to controls by independent laboratories and comply with the strict guidelines of the pharmacopeia.
NESCENS CLINIQUE DE GENOLIER
Preventive health and anti-aging destination
Nescens Clinique de Genolier combines different medical and scientific activities dedicated to the detection, prevention, and treatment of pathologies linked to aging.
Located near Geneva, this clinic offers medical check-up and specialized consultations, as well as medical and wellness programs.
The wellness clinic benefits from state-of-the-art medical technology and renowned specialists.
Personalized better-aging coaching under medical supervision
In an extension of its preventive medicine and anti-aging activities, Nescens has developed an innovative health spa concept, offering different spa programs under medical supervision in an environment that is dedicated to well-being.
In accordance with your goals (slimming, stress, detox, etc.), the duration of your stay and your initial better-aging assessment, you will be offered a personalized program combining nutrition, health, physical activity and spa treatments.