General Terms and Conditions of SKINKEY (Italy) S.r.l.
1. General Information
These General Terms and Conditions apply in the version valid at the time of conclusion of the contract and govern all business relationships between Skinkey (Italy) S.r.l. (hereinafter referred to as “Skinkey”) and the company’s customers. They form a complementary yet integral part of all orders agreed during a sales meeting, by telephone, or placed via the online shop. Any regulations deviating from these conditions are ineffective. This applies in particular to the buyer’s own general terms and conditions.
2. Registration and Data Protection
2.1 To place online orders on www.skinkey.it, shop.skinkey.it (B2B), or shop.is-clinical.it (B2C), the customer must register. The customer is obliged to provide truthful personal data at all times. Skinkey reserves the right to delete customer data or block a username and password at any time without giving reasons.
2.2 Data is collected, processed, and used solely to fulfil obligations arising from the purchase contract. It serves exclusively for operational purposes and is disclosed to third parties only for order processing purposes.
3. Offer and Conclusion of Contract
3.1 The product range displayed on www.skinkey.ch and in printed catalogues does not constitute legally binding offers. By placing an order through the online shop, via e-mail, through the mobile app, by telephone, or during a sales meeting, the customer submits a binding offer to conclude a purchase contract. Skinkey reserves the right to refuse such an offer. For online orders, an acknowledgement of receipt will be sent to the customer. If items are not in stock, the customer will receive an additional order confirmation indicating delivery times.
3.2 For offline orders, the customer must sign an order confirmation; otherwise, the order cannot be forwarded to the supplier. For online orders, the customer gives consent by accepting these General Terms and Conditions.
3.3 Offers regarding price, product selection, delivery time, and availability are non-binding. Obvious errors such as spelling or calculation mistakes in Skinkey’s offers or order confirmations (printed or online) do not give rise to any rights or obligations for either party. The contract shall remain valid as if such errors or inaccuracies did not exist.
3.4 Documents relating to offers, drawings, descriptions, models, and quotations from Skinkey may not be passed on to third parties. Upon request, all documentation must be returned to Skinkey.
4. Prices
4.1 All prices are stated as net prices on shop.skinkey-switzerland.ch and as gross prices on shop.is-clinical.ch, i.e. without discounts or other deductions, and exclusive or inclusive of VAT respectively. Any unauthorised discount will be subsequently charged back.
4.2 The published prices of products, shipping costs, and delivery charges apply only to sales within Switzerland and the Principality of Liechtenstein. For delivery addresses outside Switzerland and Liechtenstein, the published shipping and delivery rates do not apply and must be requested separately, as they may vary by country.
4.3 Agreed prices remain fixed for three months from the date of contract conclusion. If, for reasons attributable to the customer, delivery can only take place after this three-month period, Skinkey is entitled to apply the prices valid on the actual delivery date. The same applies to open orders delivered more than three months after contract conclusion. If at least 50% of the order amount has been paid in advance, the price may be fixed for a longer period as described above.
4.4 Express orders requiring shorter-than-standard processing and delivery times are subject to an additional surcharge.
4.5 Prices do not include any costs for on-site work or interventions.
4.6 A surcharge applies to Skinkey orders for non-standard stock items or spare parts without a repair order that require special handling.
5. Shipping, Delivery and Equipment Instructions
In general, Skinkey offers four shipping and delivery options. Wherever possible, online orders are shipped via postal parcel or, alternatively, by external courier with roadside delivery. Upon request, home delivery by Skinkey or a partner company is also available. For offline orders, self-collection is possible at the warehouse in Lustenau, Austria.
5.1 Parcels are shipped with SwissPost at the buyer’s own risk. Normally, A-Post is used; however, express delivery may be selected for an additional fee.
a) For parcel shipments of orders below CHF 299 (excluding VAT), postal, packaging and handling fees apply. For purchases above CHF 300, packaging costs are included in the shipping charge.
b) If, due to SwissPost regulations, a delivery must be divided into several parcels, the standard flat-rate fee will apply to each additional parcel.
c) If partial deliveries are necessary due to temporary stock unavailability, the flat-rate shipping fee will be charged only once.
Exceptions apply to customers, resellers and partners with special purchase conditions; for them, shipping conditions from the Lustenau warehouse in Austria always apply.
5.2 Oversized, bulky or heavy goods (over 30 kg) are subject to a special surcharge, even for orders exceeding CHF 300.
5.3 Delivery by external courier (BUDGET delivery) is a cost-effective option for equipment, as it includes transport to the delivery address or kerbside (in front of the building) and transport insurance. However, floor delivery, assembly and product instruction are not included. Skinkey accepts no liability for damages resulting from home delivery or assembly ordered by the customer and performed by unqualified personnel. For online orders of equipment, the flat-rate delivery fee is automatically added to the invoice.
5.4 Skinkey’s own home delivery (PREMIUM delivery) includes in-house delivery by trained Skinkey staff or partner companies and comprises floor transport, product explanation, transport insurance, packaging and disposal of packaging materials. Assembly, installation, the use of lifting platforms and other additional services are charged separately. For online orders of equipment, the flat-rate delivery fee may be applied as an additional surcharge.
5.5 If floor delivery requires extra resources (e.g. additional personnel, lifting platforms, cranes, etc.), Skinkey will invoice the customer for the additional costs incurred from third-party operators, based on the offer and actual expenses recorded in the delivery protocol.
5.6 Product instruction is a separate service not included in the product price or shipping costs and can be booked upon request. It includes a personal on-site demonstration of the product’s functions by Skinkey or a partner. Product instruction must not be considered a therapeutic training session under any circumstances.
6. Assembly and On-Site Requirements
6.1 All preparatory work required for assembly is the responsibility of the customer. This includes structural modifications as well as plumbing and electrical connections with corresponding installations.
6.2 The customer must complete all necessary construction work required by Skinkey’s technical documentation and in accordance with the building company’s specifications before the agreed delivery and installation date. The customer shall reimburse Skinkey for any costs resulting from waiting times, delayed or repeated deliveries, or other limitations caused by failure to cooperate. In such cases, Skinkey reserves the right to withdraw from the contract or claim damages for non-performance, provided the legal requirements are met.
6.3 The customer must confirm in writing to Skinkey personnel the working hours, performance and completion date of the work carried out.
6.4 Skinkey accepts no liability for work performed by Skinkey staff that has not been officially commissioned by the company itself. The same applies to assembly or installation work ordered by the customer and carried out by unqualified personnel.
7. Delivery Deadlines
Skinkey makes every effort to meet stated delivery times. In the event of delays due to circumstances beyond Skinkey’s control or delayed deliveries by Skinkey’s suppliers, the customer is not entitled to claim damages or penalties. However, the customer may withdraw from the contract once three months have passed since the originally agreed delivery date.
8. Terms of Payment
8.1 As a general rule, online orders require payment upon invoice. Registered online customers may choose between credit card payment or payment upon invoice, depending on the shop used.
8.2 Invoices for both online and offline orders must be paid net within 20 days of the invoice date. No deferrals are accepted unless otherwise stated on the invoice. For special offers and promotions, the payment term is reduced to 10 days.
8.3 Skinkey reserves the right to deliver orders only against advance payment, deposit or cash on delivery for new customers (online or offline) and for customers who have repeatedly failed to meet payment deadlines. In such cases, cash-on-delivery charges are borne by the customer. In the event of delayed payment, Skinkey is entitled to charge default interest at current bank rates and/or retain the goods.
8.4 For orders (online or offline) exceeding CHF 2,000 or requiring special processing, 50% of the payment is due upon order placement and the remaining 50% upon delivery. In such cases, the delivery period begins only after Skinkey has received the initial 50% payment.
8.5 Until full payment has been received, all delivered goods remain the property of Skinkey and may not be resold before that time.
9. Order Modifications, Replacements and Returns
9.1 To be considered binding, an offline order must be reconfirmed in writing by the customer (see section 3.2).
9.2 Skinkey accepts subsequent order changes, item replacements or cancellations of the purchase contract only if no costs have been incurred up to that point.
9.3 Responsibility for items not held in stock by Skinkey and ordered from external suppliers on behalf of the customer lies solely with the customer, unless Skinkey succeeds in cancelling the supplier order in time. Any costs resulting from such cancellation are fully borne by the customer.
9.4 Custom-made or special models cannot be replaced.
10. Warranty
10.1 Skinkey provides a statutory warranty to all new customers on electrical, electronic and mechanical devices. The warranty generally takes effect upon delivery of the goods to the purchaser. However, Skinkey reserves the right to redefine the start date of the warranty period according to the production date. The actual warranty duration and any exceptions are indicated on Skinkey’s invoice or, in the case of online purchases, on the delivery note.
10.2 Components subject to wear and tear, such as the HydraFacial handpiece, replacement HydraFacial and Perk tubes, LED lights and consumable materials (e.g. transformers, adapters, batteries, rechargeable batteries, filters, electrodes, consumables, care products, facial cushions, tablets) are excluded from the Skinkey warranty. This also applies to accessories such as cases, bags, foot pedals, supports or couch covers.
10.3 No warranty rights exist for damage or defects caused by improper or incorrect use. This also applies in cases of inadequate or improper maintenance or cleaning, especially if not carried out by qualified personnel, in cases of forceful handling or normal wear after transfer of risk. Claims for consequential damages or product liability apply only if based on mandatory statutory provisions.
10.4 Warranty exclusions also cover damage caused by force majeure or natural disasters — including, but not limited to, flooding, short circuits, fire, power failures and earthquakes.
10.5 If the device is sent to Skinkey or if the customer could have easily replaced a spare part independently, travel and labour costs are not covered by the warranty.
10.6 Services provided under warranty do not extend the warranty period. The warranty period restarts only in the event of a replacement.
10.7 Clearance, stock sale and discounted items, as well as second-hand goods, cannot be replaced. For such items, Skinkey provides no or only a limited warranty.
10.8 For servicing or repairs, the warranty covers only replacement parts and necessary labour and is limited to six months. Further warranty claims cannot be made once the statutory warranty has expired.
11. Rights and Obligations in Case of Complaints and Defects
11.1 The purchaser must inspect the goods immediately upon receipt for any defects. Complaints must be reported to Skinkey within seven days of receipt. Defects discovered later within the warranty period must be reported immediately. If Skinkey receives a notice of defect more than seven days after the warranty expiry, the warranty becomes void.
11.2 If goods are defective at the time of transfer of risk to the customer, the customer is entitled to the statutory right to compensation. In the event of transport damage, section 13 applies.
11.3 Under the warranty, Skinkey may choose either free repair or replacement. The customer is not entitled to withdraw from the contract.
11.4 Skinkey is liable for damages only under the following conditions:
a) if the damage results from Skinkey’s breach of an obligation essential to the contract;
b) if the customer has taken all reasonable measures to prevent the damage;
c) if the damage is due to intentional or grossly negligent misconduct by Skinkey’s legal representatives or agents.
However, if the customer expressly waives the involvement of Skinkey’s personnel and employs their own auxiliary staff, or if transport damage is due to improper actions by the customer, Skinkey accepts no liability for such damage.
In the absence of the conditions above, no claim for damages shall exist.
12. Maintenance, Service and Repairs
Skinkey operates its own repair and maintenance service for its commercial brands, which is subject to separate General Service Conditions (GSC).
13. Transport Damage
Deliveries must be insured against damage or loss. Upon receipt of the goods, completeness and possible damage must be checked without delay. Any irregularities (missing parcels or damaged packaging) must be confirmed by the carrier and recorded on the delivery documents. Transport damage discovered in the contents of the parcel must be reported to Skinkey within 24 hours. After this period, no further claims can be made against the carrier.
14. Place of Performance, Jurisdiction and Other Contractual Conditions
The place of performance and exclusive place of jurisdiction for both contracting parties is Diepoldsau. The applicable law is exclusively Swiss law. Should any provision of these contractual terms be or become invalid, the remaining provisions shall remain in full force and effect. Any deviations or supplementary agreements require written form.