Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These terms of use apply to your use of our website, www.duolab.com (the “Website”).

BY USING OUR WEBSITE, YOU CONFIRM THAT YOU ACCEPT THESE TERMS OF USE AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR WEBSITE.

The Website is owned operated by Duolab International Sàrl, (“Duolab”, “we”, “us”, or “our”). We are registered in Switzerland under company number CHE-319.441.750 and have our registered office at c/o L'Occitane International SA, Chemin du Pré Fleuri 5, 1228 Plan-les-Ouates (GE). Our VAT number is CHE-319.441.750 TVA. To contact us, please email info@duolab.com.
We amend these terms of use from time to time. Every time you wish to use our Website, please check these terms to ensure that you understand the terms that apply at that time. We may also update and change our Website from time to time including content we link to on our Website as we see fit.
You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
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. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. Our Website may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party failures. We cannot predict or control when such downtime may occur nor control the duration of such downtime.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Licence Restrictions

In consideration of your access to and use of the Website you agree that you will:
• comply with all applicable laws in relation to your use of the Website;
• not rent, lease, sub-license, loan, provide, or otherwise make available, the Website in any form, in whole or in part to any person without prior written consent from us;
• not copy the Website, except as part of the normal use of the Website or where it is necessary for the purpose of back-up or operational security or as otherwise set out in these terms;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the Website nor permit the Website or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Website on devices as permitted in these terms;
You must keep your account details safe. If you choose to register on the Website, by providing us with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party, or allow a third party to access your account.
We have the right to disable any account connected to any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at info@duolab.com.

How you may use material on our Website

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on our Website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You have no intellectual property rights in, or to, the Website or the content on the Website other than the right to use it in accordance with these terms.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others to content posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on our Website

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. In particular, it is not intended to amount to advice relating to your health or wellbeing. It does not constitute specialist healthcare advice relating to your skin or any skin conditions that you may have. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

We are not responsible for links we provide

Where our Website contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked sites or information you may obtain from them.
We have no control over the contents of those sites or resources.

How we may use your personal information

We will only use your personal information as set out in our Privay Policy.

Linking to our Website

You may link to the home page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any site that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The site in which you are linking must comply in all respects with the content standards set out below.

 

User-generated content

Our Website may include information and materials uploaded by other users of our Website. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.
Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must ensure that your content:
• is accurate where it states facts, and genuinely held where it states opinions;
• complies with the law applicable in England and Wales and in any country from which it is posted;
• is not defamatory, likely to deceive any person, obscene, threatening, abusive, offensive, hateful or inflammatory;
• does not promote sexually explicit material, violence, discrimination, illegal activity;
• does not infringe any intellectual property rights of another person;
• does not breach any legal duty owned to a third party, such as a duty of confidence;
• does not impersonate any person, or misrepresent your identity or affiliation with any person;
• does not advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; or
• does not contain any advertising or promote any services or web links to other sites.
You warrant that any such contribution complies with the above standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We have the right to remove any posting you make on our Website and/or to appoint a third party to do so on our behalf if, in our opinion, your post does not comply with the content standards set out above.
If you wish to complain about content uploaded by other users, please contact us on info@duolab.com.
Should you use our Website to send any feedback, comments or enquiries, such as ideas, comments, suggestions or questions (“User Content”), such User Content shall be considered to be non-confidential and non-proprietary and you shall retain ownership rights in your content, but you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to reproduce, use, store, disclose and distribute and make available to third parties such User Content without limitation.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
You are solely responsible for securing and backing up your content.

Security

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 to access our Sites. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Sale below in this document.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
We will not be liable to you 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:
• use of, or inability to use, our Website; or
• use of or reliance on any content displayed on our Website.
In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

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.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Territory

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Swiss law. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Swiss law.

Our General Terms

1 These terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you. If you have purchased capsules with a subscription option, additional terms apply which can be found here.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2 Information about us and how to contact us

2.1 Who we are. Duolab International Sarl, (“Duolab”, “we”, “us”, or “our”). We are registered in Switerland under company number CHE-319.441.750 and have our registered office at c/o L'Occitane International SA, Chemin du Pré Fleuri 5, 1228 Plan-les-Ouates (GE). Our VAT number is CHE-319.441.750 TVA.

2.2 How to contact us. You can contact us by writing to us at customercare@duolab.com or Duolab International Sàrl, c/o L'Occitane International SA, Chemin du Pré Fleuri 5, 1228 Plan-les-Ouates (GE).

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3 Our contract with you

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. Where you have not paid for the product at the point that we inform you that we are unable to accept your order, we will not charge you for the product. Where you have already paid for the product at the point at which we inform you that we are unable to accept your order, we will refund you any amounts paid in advance in full in accordance with our refund procedure in Clause 10.6.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 We only sell to the Switzerland. Our website is solely for the promotion of our products in the Swiss market. Unfortunately, we do not deliver to addresses outside Switzerland.

4 Our products

4.1 What do we supply? We sell a device known as the DUOLAB device and capsules. The device lets you create your own skincare every day in just 90 seconds. Simply choose your Moisturising Base and Concentrated Booster capsules, slot them into the dispenser and insert the dispenser into your DUOLAB device. Turn your device on and in just 90 seconds, your freshly blended and gently warmed face cream is ready.

4.2 Products may vary slightly from their pictures. The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5 Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9- Your rights to end the contract).

6 Our rights to make changes

6.1 Minor changes to the products. We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

7 Price and payment

7.1 Where to find the price of the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 7.3 for what happens if we discover an error in the price of the product you order.

7.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

7.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, 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 goods provided to you.

7.4 When you must pay and how you must pay. We accept payment with all major credit and debit cards as set out during the order process. You must pay for the products when you make the order.

8 Providing the products

8.1 Delivery costs. The costs of delivery will be as displayed to you on our Website.

8.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.

8.3 We are not responsible for delays outside our control. 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.

8.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

8.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we 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 clause 11.2 will apply.

8.6 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.

8.7 When you own goods. You own a product which is goods once we have received payment in full.

8.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
8.8.1 deal with technical problems or make minor technical changes;
8.8.2 update the product to reflect changes in relevant laws and regulatory requirements;
8.8.3 make changes to the product as requested by you or notified by us to you.

8.9 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 5 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

9 Your rights to end the contract

9.1 If you have capsules with a subscription option, different cancellation rights apply – see Our Subscription Terms.

9.2 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
9.2.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12;
9.2.2 If you want to end the contract because of something we have done or have told you we are going to do
9.2.3 If you have just changed your mind about the product, see clauses 9.3 - 9.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.

9.3 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
a) we have told you about an upcoming change to these terms which you do not agree to;
b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 5 days; or
e) you have a legal right to end the contract because of something we have done wrong.

9.4 Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. Nothing in these terms affects those rights. We offer more generous rights which are set out in more detail below.
9.4.1 If you change your mind about the device. We are offering you a 30 day free trial period in which time you can use the device. You may change your mind at any time during that 30 day period provided that you let us know within 30 days after the day that you (or someone you nominate) receives the delivery and provided that the device is returned to us in good condition. Please note that if you wish to benefit from this free trial period, you must treat the device with all reasonable care. We will pay the costs of return.
9.4.2 If you change your mind about any one-off purchase of capsules or accessories. You have 14 days to change your mind. You will need to let us know within 14 days after the day that you (or someone you nominate) receives the delivery. We will pay the costs of return.

9.5 When you don't have the right to change your mind. You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.

9.6 How long do I have to change my mind where my goods are split into several deliveries over different days. In this case you may change your mind provided you notify us within either: (1) in respect of the device, 30 days from the day on which you (or someone you nominate) receives the device; and/or (2) in respect of the unused capsules or accessories, 14 days from the day on which you (or someone you nominate) receives the last delivery of those capsules or accessories.

10 How to end the contract with us (including if you have changed your mind)

10.1 Tell us you want to end the contract. To end the contract with us, please write to us at customercare@duolab.com or at Duolab International Sàrl, c/o L'Occitane International SA, Chemin du Pré Fleuri 5, 1228 Plan-les-Ouates (GE).
When writing to us, you can also send us the cancellation form set out in Schedule 1 to these general terms.

10.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post the products back to us in their original packaging to the address specified on the return label. Please contact our customer services team by writing to us at customercare@duolab.com or at or Duolab International Sàrl, c/o L'Occitane International SA, Chemin du Pré Fleuri 5, 1228 Plan-les-Ouates (GE)for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

10.3 When we will pay the costs of return. We will pay the costs of return by providing you with an appropriate return label.

10.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

10.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
10.5.1 Where you have purchased a device. If the device is not returned in its original packaging and in the same condition that it would have been in had it been returned by a person who treated it with all reasonable care, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling; or
10.5.2 Where you have purchased capsules or accessories. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop or if it is not returned in its original packaging. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
10.5.3 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 48 hours at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

10.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
10.6.1 If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 10.2.
10.6.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

11 Our rights to end the contract

11.1 If you have capsules using a subscription option, different cancellation rights apply – see Our Subscriptions Terms.

11.2 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
11.2.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
11.2.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your address; or
11.2.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

11.3 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

12 If there is a problem with the product

12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team or write to us at customercare@duolab.com or at or Duolab International Sàrl, c/o L'Occitane International SA, Chemin du Pré Fleuri 5, 1228 Plan-les-Ouates (GE).

12.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

12.3 Our process if there is a problem with the device and it is our fault (your contractual rights). These rights are in addition to and do not affect your statutory rights.
12.3.1 If there is a problem with the device which is our fault within 6 months of the date on which you received the device. We will replace the device subject to clause 12.5.
12.3.2 If there is a problem with the device which is our fault between 6 months from the date on which you received the device and 2 years from the date on which you received the device. We will repair the device. Whilst we repair the device, we will provide you with a replacement device subject to clause 12.5. If it is not possible to repair the device or if we otherwise agree with you, we will provide you with a replacement device, subject to clause 12.5.

12.4 Our process if there is a problem with the capsules and it is our fault (your contractual rights). These rights are in addition to and do not affect your statutory rights.
12.4.1 We will replace unused capsules if they are faulty, subject to 12.5.

12.5 If there is a problem with the device or any capsules or accessories and is not our fault. Where you have returned the device, the capsules or the accessories under our guarantee at clauses 12.3 – 12.4, we will inspect the returned products. If it is clear that the problem with the products is your fault and not ours (e.g. as a result of something that you have done that has damaged the products), we will not replace the device, the capsules or the accessories and we will not repair the device.

12.6 Your obligation to return rejected products.
12.6.1 If you wish to exercise your legal rights to reject products in you must post them back to us. We will pay the costs of postage or collection. For a return label, please write to us at customercare@duolab.com or at Duolab International Sàrl, c/o L'Occitane International SA, Chemin du Pré Fleuri 5, 1228 Plan-les-Ouates (GE)
12.6.2 If you wish to exercise your contractual rights under clause 12.3, please write to us at customercare@duolab.com or at Duolab International Sàrl, c/o L'Occitane International SA, Chemin du Pré Fleuri 5, 1228 Plan-les-Ouates (GE).

13 Our responsibility for loss or damage suffered by you

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.2.

13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14 How we may use your personal information

How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

15 Other important terms

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at clause 9.4 and clauses 12.3 - 12.4 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Swiss law and you can bring legal proceedings in respect of the products in the Swiss courts.

Our Subscription Terms

The terms set out below at paragraphs 1 –10 will apply where you have purchased your capsules with a subscription option: The Subscription Offer or the Replenishment.

• The Subscription Offer

1. The Subscription Offer option include the DUOLAB device in your first delivery.

2. By default, each replenishment will run in 28 day cycles from the date of your first payment

3. Where you have purchased your capsules with the Subscription Offer option, we will supply the capsules every 28 days from the date of your first payment until you edit or cancel the Subscription Offer in accordance with these terms.

4. You can cancel the Subscription Offer at any time with a 30 days notice after an initial 3-months period and subject to the terms set out below.

4.1 Ending the contract because of something we have done or are going to do. If you are ending the contract for a reason set out at clauses 4.1.1 – 4.1.5 below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
4.1.1 We have told you about an upcoming change to these terms which you do not agree to;
4.1.2 We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
4.1.3 There is a risk that supply of the products may be significantly delayed because of events outside our control;
4.1.4 We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 5 days; or
4.1.5 You have a legal right to end the contract because of something we have done wrong.

4.2 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back). See clause 12 of the general terms and conditions.

4.3 Ending the contract if you change your mind within the first 14 days (in the ‘cooling off’ period).
4.3.1 If you change your mind within 14 days of the date that you (or someone you nominate) receives the first delivery, you can cancel the auto-replenishment at no cost. Refunds will be made in accordance with clause 10 of the general terms and conditions and will be subject to clauses 4.3.2 and 4.3.3 below.
4.3.2 You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
4.3.3 We may reduce your refund to reflect any reduction in the value of the goods if this has been caused by your handling of them in a way which would not be permitted in a shop or if they are not returned in their original packaging. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

4.4 Ending the Subscription Offer.
4.4.1 After 14 days but before cycle 3.
Where you cancel the contract to expire after the first 14 days from the date you (or someone you nominate) receives the first delivery, but prior to the expiry of cycle 3 (e.g. because you do not want to continue with your Subscription Offer), you can cancel with a 30 day notice without incurring a cancellation fee, although you must return the DUOLAB device in its original packaging. Duolab will not provide a refund for any subscription fees paid.
4.4.2 After cycle 3
You can cancel the Subscription Offer option at any time by letting us know at least 30 days before your next payment date. You will not be charged a cancellation fee. You will be entitled to keep any capsules already provided to you.

4.5 If we cannot take payment. If we cannot take payment on the first attempt, we will try to process the charge again 3 times over 3 day intervals.
4.5.1 If we cannot take payment from cycle 2, we will suspend the supply of products until we can take payment or cancel the contract. If we cancel the contract, you will be entitled to keep any capsules provided,

5. We may cancel a subscription in the following circumstances:
5.1 in accordance with clause 4.4 above;

5.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your address;

5.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or

5.4 we may write to you to let you know that we are going to stop providing the products. We will let you know at least 10 days in advance of our stopping the supply of the products and will refund any sums you have paid in advance for products which will not be provided.

6. If we end the contract in the circumstances set out in clauses 5.1 - 5.3 above we will refund any money you have paid in advance for any products we have not provided part of the auto-replenishment but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

7. For information on how to terminate the Subscription Offer, see clause 10 of the general terms and conditions.

8. You can edit the Subscription Offer at anytime by logging into your Account or by contacting our Customer Care team on customercare@duolab.com.

9. You cannot use other promotional offers in conjunction with the Subscription Offer option.

10. You can only purchase with one Subscription Offer option per account.

• The Replenishment

1. The Replenishment option does not include the DUOLAB device.

2. Each replenishment will run in 2, 4 or 8 weeks cycles from the date of your first payment.

3. Where you have purchased your capsules with the Replenishment option, we will supply the capsules at the frequency chosen from the date of your first payment until you edit or cancel the Replenishment in accordance with these terms.

4. You can cancel the Replenishment at any time with a 30 days notice subject to the terms set out below.
4.1 Ending the contract because of something we have done or are going to do. If you are ending the contract for a reason set out at clauses 4.1.1 – 4.1.5 below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
4.1.1 We have told you about an upcoming change to these terms which you do not agree to;
4.1.2 We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
4.1.3 There is a risk that supply of the products may be significantly delayed because of events outside our control;
4.1.4 We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 5 days; or
4.1.5 You have a legal right to end the contract because of something we have done wrong.

4.2 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back). See clause 12 of the general terms and conditions.

4.3 Ending the contract if you change your mind within the first 14 days (in the ‘cooling off’ period).
4.3.1 If you change your mind within 14 days of the date that you (or someone you nominate) receives the first delivery, you can cancel the auto-replenishment at no cost. Refunds will be made in accordance with clause 10 of the general terms and conditions and will be subject to clauses 4.3.2 and 4.3.3 below.
4.3.2 You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
4.3.3 We may reduce your refund to reflect any reduction in the value of the goods if this has been caused by your handling of them in a way which would not be permitted in a shop or if they are not returned in their original packaging. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

4.4 Ending the Replenishment after 14 days.
You can cancel the Replenishment option at any time by letting us know at least 30 days before your next payment date. You will not be charged a cancellation fee. You will be entitled to keep any capsules already provided to you.

4.5 If we cannot take payment. If we cannot take payment on the first attempt, we will try to process the charge again 3 times over 3 day intervals.
4.5.1 If we cannot take payment from cycle 2, we will suspend the supply of products until we can take payment or cancel the contract. If we cancel the contract, you will be entitled to keep any capsules provided,

5. We may cancel the replenishment in the following circumstances:
5.1 in accordance with clause 4.4 above;
5.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your address;
5.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
5.4 we may write to you to let you know that we are going to stop providing the products. We will let you know at least 10 days in advance of our stopping the supply of the products and will refund any sums you have paid in advance for products which will not be provided.

6. If we end the contract in the circumstances set out in clauses 5.1 - 5.3 above we will refund any money you have paid in advance for any products we have not provided part of the auto-replenishment but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

7. For information on how to terminate the Replenishment, see clause 10 of the general terms and conditions.

8. You can edit the replenishment at anytime by logging into your Account or by contacting our Customer Care team on customercare@duolab.com

9. You cannot use other promotional offers in conjunction with the Replenishment option.

10. You can only purchase with one Replenishment option per account.

Schedule 1 – Cancelation Form

(This form can be used if you wish to exercise your right to change your mind within the 14-day cancelation period)

To Duolab International Sàrl,a company registered in Switerland under company number CHE-319.441.750 and have our registered office at c/o L'Occitane International SA, Chemin du Pré Fleuri 5, 1228 Plan-les-Ouates (GE).

You can contact us by email at customercare@duolab.com.

 

I hereby give notice that I cancel my order with order number: [NUMBER].

My name: _____________________________________

My address: ______________________________________

My signature (only if this form is notified on paper) ______________________

Date __________________

 


DUOLAB INTERNATIONAL SARL, 2022