The Terms and Conditions of Sale below (hereinafter, ‘the TCS’) apply only to bookings of services at QIPAO points of sale (hereinafter, ‘the booking’) by the Customer on the website www.qipao.fr run by the company ‘QISUISSE’ SARL [limited liability company], with capital of CHF20 000, whose head office is located at 62 Avenue de l'Etang à CHATELAINE (CH-1219) and registered in the RCS [Trade and Companies Register] of Canton de Genève under no. CH-550.1.197.711-8.
These TCSs are the only ones that apply between the Customer and our company. They replace all other conditions, unless previously and expressly agreed in writing.
We may occasionally need to change some of the provisions of the TCS. These changes are binding from the moment they are put on our website and cannot apply to bookings made previously. Each booking on the Website is governed by the TCS applicable on the date of the booking. By confirming your booking, we consider you to have read and unconditionally accepted our TCS.
Through our website, our company provides the Customer with an online platform through which Qipao points of sale can offer their products and services for booking, and visitors to the platform can make a booking.
By making a booking through our website www.qipao.fr, you are entering into a direct contractual relationship with the Qipao point of sale concerned, with which you have made a booking; our company acts only as an intermediary.
The services offered for booking are those included on the website www.qipao.ch, offered by partner Qipao points of sale.
Pursuant to the Swiss Consumer Code, the Customer shall be aware of the key features of the services he/she wishes to book before confirming the booking.
Offers are valid as long as they are listed on the website, at the price mentioned at the time of booking: the price shall be applied on the date of the service booked.
Article 2 - Service booking terms
2.1 Booking process
To place an order, after filling his/her virtual basket by indicating the desired services (including the Qipao point of sale chosen and the date of the service), the Customer then clicks on the ‘Order’ button and provides information on the delivery and payment method.
Orders are placed on the page entitled ‘Basket’ using the ‘two-click’ system - the first to finalise the order and the second to confirm it.
Before clicking on the ‘Confirm order’ button, the Customer can check the details and total price of his/her order and return to the previous pages to correct any errors or change his/her order.
Order confirmation implies acceptance of these TCS and constitutes a booking contract between the Customer and our company.
An email confirming receipt of the order and payment is sent by our company as soon as possible.
2.2 Booking terms - Availability
Information on the availability of a service is specified at the time the booking request is made by the Customer. This information is provided for information purposes only. Our company does not guarantee the availability of services at partner Qipao points of sale. In case of problems relating to the availability of the services ordered, the Qipao point of sale concerned shall contact the Customer to change the date or time, or arrange a credit note or refund.
The Customer can book a service on the same day, at least 3 hours before the start of the service.
The Customer can cancel his/her booking up to 3 hours before the time originally scheduled for the service ordered, with no penalty. The price paid at the time of booking shall then be refunded to the Customer in full.
If the Customer cancels his/her booking less than 3 hours before the time of the services ordered, he/she may not claim any refund.
2.3 Proof - Files
All data provided and the confirmation recorded shall constitute proof of the transaction. Confirmation shall constitute signature and acceptance of transactions made.
Computerised records, stored on our company’s IT systems in reasonable security conditions, shall be considered proof of communications, purchases and payments between the parties.
It is expressly agreed that, in the absence of obvious error on our company’s part, data stored in our IT system shall have probative value as to orders placed by the buyer. Data in electronic form constitutes valid proof and, as such, shall be admissible under the same terms and with the same probative value as any document drawn up, received or stored in writing.
Order forms and invoices are stored on a reliable and durable medium in order to provide a true and durable copy pursuant to article of the Swiss Civil Code.
Article 3 – Prices – Promotions - Payment
Services offered by our company are provided at the prices in force on the website www.qipao.ch at the time the booking is recorded. Prices are given in CHF including VAT.
Prices take into account any reductions that may be granted by the Qipao network under the terms specified on the website www.qipao.ch
If a promotion or sales offer is in force on the date of the Customer’s treatment appointment, the treatment price is automatically adjusted when the Customer’s basket is confirmed.
If a promotion or sales offer takes place in the month in which the services are to be performed, the Customer shall also benefit from the corresponding price reduction, by credit to his/her card.
The conditions of validity of these promotions or special offers, if applicable, are set out in detail on our website.
The price of the services ordered is payable in full by card on the day the order is placed by the Customer.
Payment details are exchanged in encrypted mode using the SSL protocol, an ‘Lemonway’ payment platform method.
The Qipao point of sale shall not be required to provide the services ordered by the Customer if the price has not been paid in full beforehand under the terms indicated above.
Payments made by the Customer shall not be considered final until the sums have actually been received by our company.
Article 4 – Right of cancellation (absence)
Pursuant to article of the Swiss Consumer Code, the consumer’s right of cancellation cannot be exercised for the provision of leisure services that must be provided on a given date. Therefore, the Client may not benefit from the statutory right of cancellation.
However, for commercial purposes, our company agrees to the cancellation terms specified in article 2.2 above.
5.1 Privacy
We make every effort to ensure the privacy and security of data transferred at the time of purchase, including bank details, through an SSL encryption system.
5.2 Personal data
The Customer is informed that information provided during booking is processed automatically and declared to the Préposé fédéral à la protection des données et à la transparence.
Pursuant to the Federal Law Data Protection Act of 19 June 1992 (LPD), the Customer has the right to access and correct his/her data, which may be exercised by sending a registered letter with acknowledgement of receipt to the company «QIPAO», at the following address: 62 Avenue de l'Etang, CH-1219, Chatelaine, SUISSE, or by sending an email to the following email address: qipao@mf1977.com along with proof of identity (national identity card or passport).
Pursuant to the Federal Law Data Protection Act of 19 June 1992 (LPD), the Service Provider shall protect personal data collected from individuals.
The purpose of this clause is to guarantee that individuals targeted by a personal data processing operation are fully informed, in particular to allow them to exercise the rights granted to them by the LPD.
Pursuant to article 4 of the LPD, when personal data relating to a data subject is collected from this person, the data controller must, at the time when the data in question is obtained, provide him/her with all the following information:
Identity and contact details of the data controller: «QIPAO», 62 Avenue de l'Etang, CH-1219, Chatelaine, SUISSE
Contact details of the Data Protection Officer: if a Data Protection Officer is required to be appointed, these TCS shall be updated to include the contact details of the Data Protection Officer
Purposes for and legal grounds on which personal data is processed: data is collected in the context of management of the customer file, management of invoicing and the after-sales service. Processing is carried out as part of pre-contractual measures and in connection with the performance of the contract
Categories of personal data recipients: customer service department, accounts department, etc.
Transfer of personal data to a third country or international organisation: no transfer
Transfer of data outside the European Union: no transfer
Storage period for personal data: data is stored for the duration of the business relationship. It is also stored at the end of the business relationship to meet legal requirements or for evidentiary purposes.
The LPD offers individuals targeted by a personal data processing operation the right to request from the data controller access to, correction of or deletion of personal data, a limit on processing, the right to oppose processing and the right to data portability. You can send your requests to the following address (including proof of your identity): qipao@mf1977.com
You have the right to make a complaint about the use of your personal data to the Préposé fédéral à la protection des données et à la transparence - Feldeggweg 1 CH-3003 Berne - Téléphone: +41 (0)58 462 43 95 (lundi à vendredi, 10h à 12h)
Provision of personal data by individuals is required for the performance of the contract between the Service Provider and the Customer. If the individual refuses, this may prevent performance of the contract.
5.2.1 Collection of personal data
The personal data collected on this website (or ‘Platform’) is as follows:
Opening an account: His/her full name, email address and date of birth when creating a user account.
Signing in: The user records data including his/her full name, login details, usage data, location data and payment details when signing in to the Platform.
Profile: Use of the services provided for on the Platform allow us to complete a profile, which may include an address and telephone number.
Payment: In the context of payment for the products and services offered on the Platform, the user records financial details relating to his/her bank account or credit card.
Cookies: Cookies are used in relation to the use of the website. The user can disable cookies from his/her browser settings.
5.2.2 Use of personal data
Personal data is collected from users to provide, improve and maintain services on the Platform in a secure environment. More specifically, it is used for the following purposes:
access to and use of the Platform by the user
management of the operation and optimisation of the Platform
setting up terms of use of Payment services
verification, identification and authentication of data transferred by the user
provision of user support
customisation of services by displaying advertisements according to the user’s browsing history and preferences
fraud prevention and detection, malware (malicious software) and management of security incidents
management of any disputes with users
sending of marketing and advertising information, according to the user’s preferences.
5.2.3 Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
when the user uses payment services, the Platform has ties with third-party banking and financial companies with which it has entered into contracts to provide these services
when the user publishes information accessible to the public in open comment areas of the Platform
when the user authorises a third-party website to access his/her data
when the Platform uses service providers to provide user support, advertising and payment services. These service providers have limited access to user data in the context of performance of these services, and have a contractual obligation to use it in accordance with the applicable regulatory provisions on data protection
if required by law, the Platform may transfer data to give effect to claims made against the Platform and to comply with administrative and legal proceedings
if the Platform is involved in a merger, acquisition, transfer of assets or insolvency proceedings, it may be required to transfer or share some or all of its assets, including personal data. In this case, users shall be informed before personal data is transferred to a third party.
5.2.4 Transfer of personal data
Personal data is not transferred outside the European Union.
5.2.5 Security and privacy
The Platform puts in place organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction or unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Platform cannot guarantee the security of online data transfer or storage.
5.2.6 Application of users’ rights
Pursuant to the applicable personal data regulations, users have the following rights:
they can update or delete their data by signing in to their account and configuring their account settings
they can delete their account by writing to the following email address: qqipao@mf1977.com. It should be noted that information shared with other users, such as advertisements in forums, may remain visible to the public on the Platform, even after removal of their account
they can exercise their right to access their personal data by writing to the following email address: qipao@mf1977.com. In this case, before applying this right, the Platform may request proof of the user’s identity in order to verify its accuracy
if the personal data held by the Platform is inaccurate, they can request the updating of this information by writing to the following email address: qipao@mf1977.com
users can request deletion of their personal data, pursuant to applicable data protection laws, by writing to the following email address: qipao@mf1977.com
5.2.7 Changes to this clause
The Platform reserves the right to make any changes to this data protection clause at any time. If a change is made to this data protection clause, the Platform agrees to publish the new version on its website. The Platform shall also inform users of the change by email at least 15 days before the effective date. If the user does not agree with the terms of the new version of the data protection clause, he/she can delete his/her account.
5.3 Intellectual property
All elements identifying our company and our website www.qipao.ch (trademarks, designs and models, processes, figurative signs, software, diagrams, techniques, identification procedures, etc.) are and remain the exclusive intellectual property of our company.
The Customer is not authorised to copy, operate, rebroadcast or use these elements, whether software, visual or audio, even partially, for any reason. Simple and hyperlinks are strictly prohibited without our company’s express written consent.
Our company has an obligation of means for all stages of the purchase and stages subsequent to conclusion of the contract.
Our company agrees to describe the services offered for booking on our website as accurately as possible.
In any case, our company may not be held liable in case of non-performance of its obligations if this is attributable to an unforeseeable and unavoidable act of a third party to the contract or a case of force majeure as defined in Swiss case law. Similarly, our company cannot be held liable for any indirect damage that may be caused as a result of the services booked by the Customer at Qipao points of sale.
Neither party may be held liable if performance of the contract is delayed or prevented as a result of a case of force majeure or unforeseeable circumstances, as a result of the actions of the other party or a third party, or as a result of outside causes such as social conflicts, intervention of civilian or military authorities, natural disasters, floods, water damage, or interruption to the telecommunications or electricity networks.
Under article of the Swiss Consumer Code, ‘All consumers have the right, free of charge, to use the services of a Consumer Ombudsman with a view to the amicable resolution of any disputes between them and a professional’.
If you have any problems, please contact us in the first instance or contact our after-sales service:
«QIPAO»
62, Avenue de l'Etang
CH-1219 CHATELAINE
qipao@mf1977.com
+33 (0)7.77.32.71.48
In the year following your request to our team, under Swiss Rules of Mediation, you can have your request assessed by an ombudsman whose contact details you will find below. Please bear in mind that, without exception, a dispute can only be assessed by one ombudsman:
The parties are also free to designate the mediator of their choice. This is why there is no list of mediators or specific criteria to be met by them. The Boards appoint the mediator when the parties do not agree on the mediator’s choice.
The consumer may, at his/her own expense, be assisted by an adviser.
The Customer acknowledges that, before placing his/her order and signing the contract, he/she received these Terms and Conditions of Sale in a legible and understandable form and all of the information listed in article of the Swiss Consumer Code, including the following:
the key features of the Services, taking into account the communication medium used and the Service concerned;
the price of the Services and ancillary expenses;
if the contract is not performed immediately, the date or period in which the service provider agrees to provide the Services ordered;
information on the service provider’s identity, postal address, telephone number and email address, and activities, if not already apparent from the context;
information on legal and contractual guarantees and how to apply them;
digital content features and, if applicable, their interoperability;
option of conventional mediation in case of dispute;
information on the right of cancellation (existence, terms, period, how to exercise this right and standard cancellation form), cancellation procedures and other important contract terms and conditions.
payment methods accepted.
Ordering on the website www.qipao.ch implies full acceptance of and adherence to these TCS by the natural (or legal) person and obligation to pay for the services ordered. This is expressly acknowledged by the Customer who, in particular, waives the use of any contradictory document, which cannot be binding on our company.
