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The following terms and conditions apply to all contracts that you conclude with me as a provider (Lucienne Gürtner) via the website www.bellyart.ch, by phone +41 79 151 2261 or by email info@bellyart.ch.
Conditions
(1) This website (the "Site") and/or the Services, including any associated mobile applications (collectively: the "Services") and any offers and sales of products ("Products") through the Site, is owned and operated by Lucienne Gürtner (hereinafter also: "we", "us" and "our(s)"). These Terms and Conditions ("Terms") set forth the terms and conditions under which visitors or users (collectively, "Users" or "You") may access or use the Site and/or the Services and purchase Products.
(2) By accessing or using the Services, you agree to be bound by the Terms. If you do not agree to all of the Terms, you may not access the Site and/or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing any Products. These Terms tell you who we are, how we sell products to you, how you can cancel the purchase agreement, and what you can do if you have problems.
(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you need the permission of your parents or a legal guardian to use the Services or purchase Products.
Purchase of Products
(1) The purchase of Products is subject to the terms and conditions in effect at the time.
(2) When you purchase a Product: (i) you are responsible for reading the item description in full before making a binding purchase; and (ii) the completion of an order on the Site (by completing a payment process via the "Order for a Fee" button or similar button) may constitute a legally binding contract for the purchase of the relevant Product, unless these Terms provide otherwise.
(3) You can click on the corresponding button, select products from our product selection and add them to the shopping cart. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct any unintentional pricing errors. These changes will not affect the price of products you have previously purchased. When you check out, you will be shown an overview of all the products you have added to your shopping cart. The overview includes the main features of each product as well as the total price for all products, the applicable sales tax (VAT)/value added tax (VAT) and shipping costs, if any. On the payment page you also have the possibility to check the products and quantities and, if necessary, change, remove or correct them. You can also still use the edit function to identify and correct any input errors before placing your final binding order. All stated delivery times are valid from the receipt of your payment of the purchase price. When you click on the "Order with costs" button, you place a binding order to purchase the listed products at the specified price and shipping costs.
To complete the ordering process via the "Order with costs" button, you must first acknowledge these terms and conditions as legally binding for your order by ticking the corresponding box.
(4) We will then send you a confirmation of receipt of your order by e-mail, in which your order is listed once again and which you can then print out or save using the corresponding function. Please note that this is an automatic notification which only proves that we have received your order. It does not indicate that we have accepted your order.
(5) The legally binding agreement on the purchase of the Products is not concluded until we send you a declaration of acceptance by e-mail or ship the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method - and you choose this payment method for your order - where a payment process is initiated immediately upon transmission of your order (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement shall be deemed concluded when you have initiated the ordering process, as described above, by clicking on the button "Order with costs".
(6) The purchase contract can be concluded in German or English. After conclusion of the contract, the terms of the contract will be stored by us, you will then no longer have access to them.
Consequences of revocation
If you revoke this contract, we will refund to you - without undue delay, but in any case not more than 14 days after receipt of the notification of your revocation - all payments already received from you. We will make such refund using the same means of payment that you used for the original transaction, unless you have expressly authorized otherwise; in any case, you will not incur any fees as a result of such refund.
Exceptions to the Right of Withdrawal:
The right of withdrawal will expire for contracts if you have expressly consented to our commencing performance of the contract prior to the expiration of the withdrawal period and you have confirmed that you are aware that such consent will cause you to lose your right of withdrawal once performance of the contract has commenced.
You may exercise your right of withdrawal as follows:
Postal: Lucienne Gürtner, Alte Landstrasse 10, CH-8800 Thalwil
Tel.: +41 79 151 2261
E-mail: info@bellyart.ch
Saving online payment details
You can save a preferred payment method for the future. In this case, we store these payment details in accordance with applicable industry standards, if any (e.g. PCI, DSS). You can identify your stored card by its last four digits.
Vouchers, gift cards and other offers
Coupons or discounts and other offers are available from time to time for our products ("Offers"). Such Offers are valid only for the period specified in such Offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.
Permitted use
(1) Our services are provided to you for informational purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.
(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in any unlawful or fraudulent manner (including infringement of any third party's rights) or for any purpose to collect personally identifiable information or impersonate any other user; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our Services; (iii) use our Services in any way to tamper with or distort any Content or undermine the integrity or accuracy of any Content, or take any action to interfere with, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download any material that does not comply with our Content Standards; (v) use our Services to transmit or facilitate the transmission of unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit data or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other malicious programs or similar computer code designed to interfere with the operation of computer software or hardware; (vii) use robots, spiders, other automated devices or manual processes to monitor/copy our or any other sites or (viii) engage in any conduct that restricts or inhibits any other user from using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in any investigation of any activity that is suspected of or actually violates these Terms.
Intellectual Property Rights
(1) Our Services and related content (and any derivative works or enhancements thereof), including without limitation, all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (collectively: "our Intellectual Property Rights") and nothing in these Terms grants you any rights in connection with our Intellectual Property Rights. Except as expressly set forth herein or as required by mandatory legal requirements for use of the Services, you do not acquire any right, title or interest in or to our Intellectual Property Rights. Any rights not expressly granted in these Terms are expressly reserved.
(2) If the Products include digital content, such as music or video, you are granted the rights as set forth with respect to such content on the Site.
Disclaimer of Warranties for Use of the Site and Services
The Services, our intellectual property rights, and all information, materials, and content provided in connection therewith and made available to users free of charge are provided "as is" and "as available" without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties as to the security, reliability, timeliness, accuracy, and performance of our Services, among others) - except in cases of malicious non-disclosure of defects. We do not warrant that free services will be provided uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or limited due to repairs, maintenance, or upgrades. This does not affect the warranty for products you purchase from us as set forth in the "Warranty for Products" section above.
Indemnification
You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the "Permitted Use" section, unless such circumstances are not due to your fault.
Limitation of Liability
(1) We shall only be liable in the event of intent, gross negligence, negligent injury to life, limb or health or in the event of a slightly negligent breach of a material contractual obligation, and only in the case of chargeable services or the sale of products. A "material contractual obligation" means an obligation the performance of which is a basic requirement for the proper performance of the agreement and on which you normally rely and may reasonably rely.
Our liability for ordinary negligent breach of a material contractual obligation is limited to the amount of ordinary and foreseeable damages for that type of contract. This does not affect our liability under the Product Liability Act or in the event that we have explicitly given a guarantee.
(2) The above provisions shall apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They also apply in favor of our employees and vicarious agents.
Modification of the terms and conditions and the services; discontinuation
We reserve the right to modify these Terms from time to time in our sole discretion to reflect changes in law or additional features we may introduce, or as we otherwise develop our business. Therefore, you should review these Terms periodically and, in any event, during the checkout process when you purchase Products. The new Terms will apply to any new order you place after the effective date of the new Terms. If any ongoing services you use are affected by the changes to the Terms, we will take reasonable account of your legitimate interests in doing so. We will notify you of such changes in a timely manner in advance. You will be deemed to have accepted the changes if you do not object to them within two months of this notification. We will point this out to you in our notification. If you object to the changes, we will have a special right of termination - without further obligation to you - effective on the date the changes take effect. We may change the Services, discontinue providing the Services or any feature(s) of the Services offered, or limit the Services. We may terminate or suspend access to the Services themselves permanently or temporarily - without cause and without further obligation. We will notify you in good time in advance, if this is possible under the circumstances, and will give due consideration to your legitimate interests when taking such measures.
Links to third party websites
The Services may contain links that allow you to leave the Site. Unless otherwise indicated, the linked sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for transmissions received from any linked site. Links to third party websites are provided for informational purposes only. The fact that we have added links to other sites does not mean that we endorse their owners or their content.
Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to resolve disputes with consumers before alternative dispute resolution bodies.
MISCELLANEOUS
(1) A waiver by either party of any breach or default under these Conditions shall not constitute a waiver of any preceding or subsequent breach or default.
(2) The headings used in these Terms and Conditions are for convenience only and shall have no legal significance.
(3) Except as otherwise expressly provided, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that such part of the Terms shall be stricken and the remaining Terms shall remain unaffected and in full force and effect.
(4) You may not assign your agreement with us entered into pursuant to these Terms, or any or all of your contractual rights or obligations, without our prior written consent.
(5) These Terms constitute the entire agreement and supersede any prior written or oral agreements between you and us in connection with the Services and the sale of Products.
(6) The provisions of these Terms that by their nature are intended to survive any such action by us shall survive, including, without limitation, provisions relating to indemnification, hold harmless, disclaimers, limitations of liability and this Miscellaneous section.
Contact
To contact us, please use the contact form on our homepage www.bellyart.ch or send us an e-mail to: info@bellyart.ch or contact us by post:
Lucienne Gürtner / bellyart.ch
Address: Alte Landstrasse 10, CH-8800 Thalwil
Revocation
You can revoke this contract within 14 days without giving any reason. The revocation period expires 14 days after the conclusion of the contract.
If you have purchased one or more products through the Site or Services that consist of digital content that is not delivered on a physical medium (e.g. CDs or DVDs), the following instructions on the right of withdrawal apply:
To comply with the withdrawal period, it is sufficient that you send your notice of exercise of your right of withdrawal before the end of the withdrawal period.
Postal: Lucienne Gürtner, Alte Landstrasse 10, CH-8800 Thalwil
E-mail: info@bellyart.ch
Consequences of revocation
If you revoke this contract, we will refund to you - without undue delay, but in any case not more than 14 days after receipt of the notification of your revocation - all payments already received from you. We will make such refund using the same means of payment that you used for the original transaction, unless you have expressly authorized otherwise; in any case, you will not incur any fees as a result of such refund.
Exceptions to the Right of Withdrawal:
The right of withdrawal will expire for contracts if you have expressly consented to our commencing performance of the contract before the end of the withdrawal period and you have confirmed that you are aware that such consent will cause you to lose your right of withdrawal once performance of the contract has commenced.
Status: 17.06.2023