Allgemeine Geschäftsbedingungen
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Scope of application
These General Terms and Conditions apply to all products and services offered by Atelier Gasparro EF ("Supplier") within the framework of its online shop (ateliergasparro.ch).
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Product distribution
The terms and conditions listed under 2.1. to 2.8. regulate the legal relationship between the supplier and the customer with regard to the purchase of art objects offered in the online shop.
2.1. Offer and conclusion of contract
The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to the customer to place an order that is binding for him. By clicking the order button, the customer places a binding order for the goods listed on the order page. Immediately after receipt of the order, the online shop confirms receipt of the order by e-mail. A contract is not yet concluded by the confirmation of receipt. The purchase contract shall only be concluded upon delivery of the goods. The provider is free to reject orders in whole or in part without stating reasons. In this case, the customer will be informed and any payments already made will be refunded. Further claims due to delay in delivery or failure to deliver are excluded.
2.2. Payment options
The prices stated on the product page are in Swiss francs (CHF) unless otherwise stated. The customer may use the payment methods offered in the online shop under "Payment method". If payment is made by credit card or other immediate payment methods, the amount will be charged when the order is placed. In the case of payment in advance, delivery will only be made after receipt of payment. Payments must be made in Swiss francs unless otherwise stated.
2.3. Delivery and shipping
All items are delivered according to the shipping conditions listed in the shop. The customer will be informed of a provisional delivery date on the article page or in the shopping basket of the online shop or the customer will be contacted and an individual delivery date will be agreed. If an item is not available at short notice, the Supplier shall inform the Customer of the expected delivery time, provided the Customer has provided a correct address. As a rule, the shipping conditions only apply within Switzerland and the Principality of Liechtenstein. In the case of deliveries abroad, the customer shall bear the taxes and customs duties incurred as well as the parcel fees and any other administrative expenses. The payment method invoice can be excluded by the provider for orders from abroad.
2.4. Right of return
Orders oblige the customer to accept the articles and/or services. Subsequent changes or cancellations of orders by the customer may be accepted by the supplier at its own discretion and a handling fee may be charged.
2.5. Retention of title
The delivered goods remain the property of the supplier until the purchase price has been paid in full.
2.6. Default of payment
If payment is not made within the due date, the customer shall immediately be in default. In this case, the provider reserves the right to charge the customer a reminder fee in addition to the invoice amount. In addition to the payment of the invoice amount (plus reminder fee), the customer is also obliged to reimburse all costs arising from the delay in payment.
2.7. Warranty
The Supplier shall provide warranty by remedying defects. This shall be done at the supplier's discretion by means of subsequent performance, i.e. rectification of a defect (subsequent improvement) or delivery of a defect-free item (replacement delivery). If the supplementary performance fails, the customer is entitled to withdraw from the contract. This does not apply to insignificant defects. A right of the customer to a reduction is excluded.
2.8. Disclaimer
The provider excludes liability for slightly negligent breaches of contract.
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Course offerings
The terms and conditions listed under 3.1. to 3.8. govern the legal relationship between the provider and the course participants with regard to the courses and childcare offered in the online shop.
3.1. Registration
Written course registration (via the online shop or by e-mail to info@ateliergasparro.ch) obliges course participants to pay the course fee. Failure to pay the course fee on time does not constitute a cancellation and does not release the participant from the obligation to pay.
3.2. Unsubscribe
If a participant withdraws from a course, the course fee remains due. There is no right to a refund of course fees already paid. Alternative: Cancellations must be made in writing by e-mail to info@ateliergasparro.ch. If the cancellation is made at least 14 days before the start of the course, the course fee owed will be reduced by half. In the event of late or non-written cancellation to info@ateliergasparro.ch, the course fee remains due in full. There is no entitlement to a refund of course fees already paid.
3.3. Payment
By means of written course registration (see 3.1.), the course participant undertakes to pay the course fee immediately by credit card or other means of immediate payment or to transfer it to the account stated on the invoice in due time. If payment is not made by the due date, the course participant will immediately be in default. In this case, the provider reserves the right to charge the course participant a reminder fee in addition to the invoice amount. In addition to paying the invoice amount (plus reminder fee), the course participant is also obliged to reimburse all costs arising from the delay in payment.
3.4. Payment options
The course participant can use the payment options offered in the online shop under "Payment method". If payment is made by credit card or other instant payment methods, the amount will be charged when the course is registered.
3.5. Course organisation
For organisational reasons, the provider reserves the right to postpone courses, change the venue or reduce courses with a percentage refund of the course fee. The provider also reserves the right to cancel courses against full refund of the course fee, namely due to insufficient number of participants, cancellation by the course leader or force majeure. In this case, course participants have no right to the course being held. Course participants will be informed of postponements, changes or cancellations by telephone or e-mail.
3.6. Course exclusion
The provider reserves the right to exclude one or more course participants from a course for good cause. In the following cases, the full course fee is due, i.e. there will be neither a proportional refund nor a waiver of the course fee: exclusion from the course due to non-payment of the course fee and in serious cases, namely as a result of defamation, harassment, deliberate damage to property.
3.7. Missed participation
Courses not attended cannot be made up. In this case, the course fee remains due. There is no entitlement to a refund of course fees already paid.
3.8. Disclaimer / Insurance
For all courses and events organised by the provider, the provider excludes any liability for damages incurred. Each course participant is responsible for having sufficient insurance cover. The use of the provider's facilities is at the participant's own risk. The provider cannot be held liable for theft or loss of items. Each course participant undertakes to comply with the current hygiene regulations of the Federal Office of Public Health (FOPH) and the instructions of the provider on the provider's premises. Course participants with symptoms of illness, who are suspected of being infected with transmissible pathogens and/or who have been placed in quarantine (by the authorities or by themselves) are not permitted to visit the provider's premises. The risk of infection cannot be fully excluded even if hygiene rules are observed. The provider excludes any liability in this regard.
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Data protection
The data provided by the customer or course participant is used exclusively for processing orders and course bookings. All data is treated as strictly confidential. Data will only be passed on to third parties (e.g. shipping services) if this is necessary for order processing. The order data is transmitted in encrypted and secure form, but the provider accepts no liability for data security during these transmissions via the Internet (e.g. due to technical errors on the part of the provider) or for any criminal access by third parties to files on the Internet site.
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Changes
These General Terms and Conditions may be amended by the Provider at any time. The new version shall come into force 30 days after notification by the provider. In principle, the version of the General Terms and Conditions that was in force at the time the contract was concluded shall apply to customers and course participants, unless the customer or course participant has agreed to the current version of the General Terms and Conditions.
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Severability clause
Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions of these General Terms and Conditions. The invalid provision shall be replaced by the relevant statutory provisions.
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Applicable law / place of jurisdiction
These General Terms and Conditions are subject to Swiss law. Unless mandatory statutory provisions prevail, the court at the provider's registered office shall have jurisdiction. The provider is free to bring an action at the registered office or place of residence of the defendant.