Conditions

Terms and Conditionsn Terms and Conditions

As of: [June 17, 2023]

These conditionsn

(1) This website (the “Site”) and/or the services, including any related mobile applications (collectively: the “Services”) and all offers and sales of products (“Products”) through the Site, are owned by ArtSimi, Simone Doll, is a sole proprietorship and is operated by it (hereinafter also: “we”, “us” and “our”). These Terms and Conditions (“Terms”) set forth the conditions under which visitors or users (collectively: “User” or “you”) may visit or use the Site and/or the Services and purchase products.

(2) By accessing or using the Services, you agree to the Terms and Conditions and agree to them in a binding manner. If you do not agree to all of the terms and conditions, then you may not access the site or use the services. Please read these Terms carefully before accessing our Site or using the Services or purchasing any Products. These terms and conditions tell you who we are, how we sell products to you, how you can cancel the purchase contract and what you can do if you have any 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 must have permission from your parent or legal guardian to use the Services or purchase Products.

Purchase of products

(1) The purchase of products is subject to the conditions applicable at the time.

(2) If you purchase a product: (i) you are responsible for reading the item description in its entirety before making a binding purchase, and (ii) completing an order on the Site (by completing a payment process using the “Paid for” button “order” or a similar button) may constitute a legally binding contract for the purchase of the relevant product, unless these terms and conditions provide otherwise.

(3) By clicking on the corresponding button, you can select products from our product selection and add them to your 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 placed in your shopping cart. The overview includes the essential features of each product as well as the total price for all products, the applicable sales tax (VAT)/value added tax (VAT) and, if applicable, shipping costs. On the payment page you also have the opportunity to check the products and quantities and, if necessary, change, remove or correct them. You can also use the editing function to identify and correct any input errors before you place your final, binding order. All delivery times stated apply from receipt of your payment of the purchase price. When you click on the “Order for a fee” button, you place a binding order to purchase the listed products at the specified price and shipping costs. To complete the ordering process using the “Order for a fee” button, you must first accept these conditions as legally binding for your order by clicking on the corresponding box.

(4) We will then send you a confirmation of receipt of your order by email, in which your order will be listed again and which you can then print out or save using the appropriate function. Please note that this is an automatic notification that only confirms that we have received your order. It does not indicate that we have accepted your order.

(5) The legally binding agreement for the purchase of the products is only concluded when we send you a declaration of acceptance by email 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 - in which 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 is deemed to have been concluded when you have initiated the ordering process as described above using the “Order for a fee” button.

(6) The purchase contract can be concluded in [German] language. After the contract has been concluded, the contract terms and conditions will be stored by us and you will then no longer have access to them.

 

 

Right of withdrawal

The legal scope is Switzerland

from  Appendix 1  to these conditions.

(2) If you purchase one or more products via the Site or Services that are shipped in installments, the cancellation policy instructions apply

Attachment2 under these conditions.

(3) If you purchase 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 instructions on the right of withdrawal apply ;

Appendix 3  to these conditions.

(4) To exercise your right of cancellation, you can use the cancellation form from Appendix 4 use on these terms and conditions. However, this is not absolutely necessary.

Warranty for products 

We are liable in accordance with the statutory warranty provisions for defects in the quality and/or title of the products that you purchase from us.

Storing online payment details

You can save a preferred payment method for the future. In this case, we will store this payment information in accordance with applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.

Vouchers, gift cards and other offers

Vouchers, gift cards or discounts and other offers may be available for our Products from time to time (“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 consent.

NOTE FROM WIX: IF you have a members area, please add the following

Member account

(1) In order to access and use certain areas and functions of our Site, you must first log in and create an account (“Member Account”). You must provide accurate and complete information when registering your member account.

(2) If a person other than you accesses your member account and/or your settings, they can carry out all actions available to you, e.g. B. Make changes to your member account. We therefore strongly advise you to keep your member account login details safe. Such activities may be deemed to have been made for and on your behalf and you may be solely responsible for those activities that occur under your Member Account, whether or not expressly authorized by you, and for all damages, expenses and losses resulting therefrom. You will be liable for activities related to your Member Account in the manner described if you negligently enabled use of your Member Account by failing to take reasonable care to protect your login information.

(3) You may create and access your Member Account through a dedicated website or through a third-party platform such as Facebook (the “Social Network Account”). If you log in using a third-party platform account, you hereby grant us access to certain information about you that is stored in your social network account.

(4) We may permanently or temporarily suspend or suspend your access to the Member Account, without liability to you, in order to protect us, our Site and our Services or other users, for example if you violate any provisions of these Terms or applicable law or regulation in connection with them your use of the Site or your Member Account. This may be done without notice if circumstances require immediate action; in this case we will inform you as soon as possible. In addition, we reserve the right to terminate your membership account upon two months' notice by email if, for example, we discontinue our membership account program. You can discontinue use and request deletion of your member account at any time by contacting us.

Permitted Use

(1) Our services are made available to you for informational purposes and only for private, non-commercial use. 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 violating the rights of third parties) or for any purpose to collect personal data or impersonate other users to spend; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with security-related features of our Services; (iii) use our Services in any way to manipulate or distort any content or undermine the integrity or accuracy of any Content, or take any action to interfere with, damage or disrupt any portion 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 any 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 logging, spyware, adware or other harmful programs or similar computer code that may interfere with the operation of any computer software or hardware intended to impair; (vii) use any robot, spider, other automatic device, or manual process to monitor/copy our or other sites or the content contained on our Services, or use network monitoring software to determine the architecture of our Services or collect usage data to extract our services; (viii) engage in any conduct that restricts or inhibits any other user from using our Services; or (ix) use our Services for commercial purposes or in connection with any commercial activity being conducted without our prior written consent. You agree to cooperate fully with us in the investigation of any activity that is alleged or actual to violate these Terms.

Intellectual Property Rights

(1) Our Services and related content (and any derivative works or improvements thereof), including without limitation any text, illustrations, files, images, software, scripts, graphics, photos, 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 none of the phrases in these Terms gives you rights in relation to our intellectual property rights. Except as expressly set forth herein or as required by law governing use of the Services, you do not acquire any right, title or interest in or to our intellectual property rights. All rights not expressly granted in these Terms are expressly reserved.

(2) If the Products include digital content, such as music or videos, 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 on an "as is" or "as available" basis and without warranties of any kind, express or implied (warranties of suitability for a specific purpose or warranties regarding the security, reliability, timeliness, accuracy and performance of our Services, among others) - except in cases of malicious failure to disclose defects. We do not warrant that the free services will be uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted for repairs, maintenance, or updates. This does not affect the warranty for products you purchase from us as set out in the “Warranty for Products” section above.

exemption

You agree to defend, indemnify and hold us harmless from and against any actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorney's fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use that violates the restrictions and requirements set forth in the “Acceptable Use” section, unless such circumstances are not due to your fault.

Limitation of Liability

(1) We are only liable in the event of intent, gross negligence, negligent injury to life, body, health or slightly negligent violation of an essential contractual obligation, and only in the case of paid services or the sale of products. An “essential contractual obligation” means an obligation the performance of which is a prerequisite for the proper implementation of the agreement and on which you can normally rely and reasonably rely. Our liability for a slightly negligent breach of an essential contractual obligation is limited to the amount of normal and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.

(2) The above provisions apply to our contractual (including liability for wasted expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions before the conclusion of the contract (culpa in contrahendo). They also apply to the benefit of our managing directors, senior employees or other legal representatives, employees and vicarious agents.

Changes to the Terms and Services; Attitude

We reserve the right to change these Terms from time to time in our sole discretion to reflect changes in the law or additional features we may introduce or as we otherwise develop our business. You should therefore review these Terms regularly and in any case during the checkout process if you purchase Products. The new terms will apply to any new order you place after the effective date of the new terms. If ongoing services you use are affected by the changes to the Terms, we will take due account of your legitimate interests. We will notify you of any such changes in advance. You will be deemed to have accepted the changes if you do not object to these changes within two months of such notice. We will inform you of this in our communication. If you object to the changes, we will have a special right of termination - without further obligation to you - which will take effect on the date the changes come into force.

We may change the Services, stop providing the Services or one or more features of the Services offered, or limit the Services. We may terminate or suspend access to the Services ourselves, permanently or temporarily, for any reason and without further obligation. We will, where possible under the circumstances, inform you in good time in advance and take appropriate account of your legitimate interests when taking such action.

Links to third party websites

The Services may contain links that allow you to leave the Site. Unless otherwise stated, 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 any transmissions received from any linked website. Links to third party websites are provided for informational purposes only. The fact that we have included links to other websites does not mean that we endorse their owners or their content.

Applicable Law

(1) These conditions are subject to the laws of

Switzerland (without taking into account the conflict of law provisions) and are to be interpreted accordingly.

(2) The European Commission provides a platform for online dispute resolution (OS), which can be accessed at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to resolve disputes with consumers through alternative dispute resolution bodies.

VARIOUS

(1) A waiver by either party of any breach or default under these Terms shall not constitute a waiver of any preceding or subsequent breach or default.

(2) The headings used in these conditions are only for better understanding and are not to be assigned any legal significance.

(3) Unless expressly stated otherwise, if any part of these Terms is deemed unlawful or unenforceable for any reason, it is agreed that that part of the Terms will be deleted and the remaining Terms will remain unaffected and in full force and effect.

(4) You may not assign your agreement with us under these Terms or all or part of your contractual rights or obligations without our prior written consent.

(5) These Terms constitute the entire agreement and supersede all 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 which by their nature are intended to survive any such action on our part shall survive, including, without limitation, provisions relating to indemnification, indemnities, disclaimers, limitations of liability and this Miscellaneous section.

Contact

To contact us, please send an email to:

Name:ArtSimi, Simone Doll

Address: Bruggächerstrasse 10, 8617 Mönchaltorf / Switzerland

Email: simone.doll@icloud.com

Annex 1

If you have purchased one or more products through the Site or Services that are shipped in one shipment, the following instructions will inform you of your right to cancel:

 

Right of withdrawal

 

You can revoke this contract within 14 days without giving reasons. 

 

The cancellation period expires after 14 days from the day on which you or a third party designated by you, other than the carrier, acquires physical possession of the goods.

 

To exercise your right of withdrawal, you must send us a form (see appendix 4)

 

[Please provide name and address of store], 

Telephone number: [Please provide telephone number], 

Fax number: [Please provide fax number], 

Email address: [Please provide email address] 

 

inform you about your decision to revoke this contract by means of an unambiguous statement (e.g. a letter by post, fax or email). You can (but do not have to) use the attached cancellation form.

 

Note from Wix: Do you provide a cancellation form on your website?

<If yes, please add the following highlighted section, otherwise delete the following section:>

 

You can also fill out and submit the cancellation form or another unambiguous declaration on our website electronically [please insert link to the electronic cancellation form]. If you make use of this option, we will - without unnecessary delay - send you a confirmation of receipt of this revocation via a permanent medium (e.g. by email).

 

In order to comply with the cancellation period, it is sufficient that you send your notification of the exercise of your right of cancellation before the cancellation period has expired. 

 

Consequences of revocation

If you cancel this contract, we will refund to you - without undue delay and in any case no more than 14 days after receipt of notification of your cancellation - all payments already received from you, including delivery costs (excluding the additional costs incurred by you desired delivery method that differs from the cheapest standard delivery we offer). We will make such a refund using the same payment method that you used for the original transaction, unless you have expressly authorized otherwise; in any event, such refund will not incur any fees to you. We may withhold the refund until we have received the goods back or you have provided evidence of having sent the goods back, whichever is earlier.

 

The goods will be returned or handed over to

 

[Please provide store or shipping recipient company name and address], 

Telephone number: [Please provide telephone number], 

Fax number: [Please provide fax number], 

Email address: [Please provide email address] 

 

without unnecessary delay, but in any case no more than 14 days after receipt of notification of your revocation. The deadline is met if you send the goods before the 14-day period has expired. 

 

Category: Is it intended for the shop to cover the return shipping costs?

<If the answer is yes, please include the following [We will bear the costs of returning the goods.]

<If the answer is "No", please include the following [You will bear the direct costs of returning the goods.]

 

You will only be liable for any reduction in the value of the goods if this is due to treatment other than what is necessary to determine the nature, characteristics and functionality of the goods.

​

​

​

​

Appendix 2

If you have purchased one or more products through the Site or Services that are shipped in installments, the following cancellation policy applies:

Instructions on the right of withdrawal

You can revoke this contract within 14 days without giving reasons. 

 

The cancellation period expires after 14 days from the day on which you or a third party designated by you, other than the carrier, acquires physical possession of the last delivery or item.

 

In order to exercise your right of withdrawal, you must contact us 

 

[Please provide name and address of store], 

Telephone number: [Please provide telephone number], 

Fax number: [Please provide fax number], 

Email address: [Please provide email address] 

 

inform you about your decision to revoke this contract by means of an unambiguous statement (e.g. a letter by post, fax or email). You can (but do not have to) use the attached cancellation form.

 

Category: Do the shops provide a cancellation form on their websites?

<If yes, please add the following section, otherwise delete the following section:>

 

You can also fill out and submit the cancellation form or another unambiguous declaration on our website electronically [please insert link to the electronic cancellation form]. If you make use of this option, we will - without unnecessary delay - send you a confirmation of receipt of this revocation via a permanent medium (e.g. by email).

 

In order to comply with the cancellation period, it is sufficient that you send your notification of the exercise of your right of cancellation before the cancellation period has expired. 

 

Consequences of revocation

If you cancel this contract, we will refund to you - without undue delay and in any case no more than 14 days after receipt of notification of your cancellation - all payments already received from you, including delivery costs (excluding the additional costs incurred by you desired delivery method that differs from the cheapest standard delivery we offer). We will make such a refund using the same payment method that you used for the original transaction, unless you have expressly authorized otherwise; in any event, such refund will not incur any fees to you. We may withhold the refund until we have received the goods back or you have provided evidence of having sent the goods back, whichever is earlier.

 

The goods will be returned or handed over to

 

[Please provide store or shipping recipient company name and address], 

Telephone number: [Please provide telephone number], 

Fax number: [Please provide fax number], 

Email address: [Please provide email address] 

 

without unnecessary delay, but in any case no more than 14 days after receipt of notification of your revocation. The deadline is met if you send the goods before the 14-day period has expired. 

 

Category: Is it intended for the shop to cover the return shipping costs?

<If the answer is yes, please include the following [We will bear the costs of returning the goods.]

<If the answer is "No", please include the following [You will bear the direct costs of returning the goods.]

 

You will only be liable for any reduction in the value of the goods if this is due to treatment other than what is necessary to determine the nature, characteristics and functionality of the goods. 

​

Appendix 3

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 cancellation policy applies:

 

Instructions on the right of withdrawal

​

You can revoke this contract within 14 days without giving reasons. 

 

The cancellation period expires 14 days after conclusion of the contract.

 

In order to exercise your right of withdrawal, you must contact us 

 

[Please provide name and address of store], 

Telephone number: [Please provide telephone number], 

Fax number: [Please provide fax number], 

Email address: [Please provide email address] 

 

inform you about your decision to revoke this contract by means of an unambiguous statement (e.g. a letter by post, fax or email). You can (but do not have to) use the attached cancellation form.

 

Category: Do the shops provide a cancellation form on their websites?

<If yes, please add the following section, otherwise delete the following section:>

 

You can also fill out and submit the cancellation form or another unambiguous declaration on our website electronically [please insert link to the electronic cancellation form]. If you make use of this option, we will - without unnecessary delay - send you a confirmation of receipt of this revocation via a permanent medium (e.g. by email).

 

In order to comply with the cancellation period, it is sufficient that you send your notification of the exercise of your right of cancellation before the cancellation period has expired. 

 

Consequences of revocation

If you cancel this contract, we will refund to you - without undue delay and in any case no more than 14 days after receipt of notification of your cancellation - all payments already received from you, including delivery costs (excluding the additional costs incurred by you desired delivery method that differs from the cheapest standard delivery we offer). We will make such a refund using the same payment method that you used for the original transaction, unless you have expressly authorized otherwise; in any event, such refund will not incur any fees to you. 

 

Exceptions to the right of withdrawal

The right of withdrawal expires for contracts for the delivery of digital content (including streaming, downloads, etc.) that are not delivered on a physical medium (e.g. CD or DVD) if you have expressly agreed that we will carry out the contract contract before the end of the cancellation period and you have confirmed that you are aware that with this consent you will lose your right of cancellation as soon as the execution of the contract has begun.

​

​

​

Appendix 4

You can (but do not have to) use the following cancellation form.

​

Cancellation form

 

(Only fill out and return this form if you want to cancel the contract)

 

— To ([name and address of the shop]), telephone number: [please provide telephone number], fax number: [please provide fax number], email address: [please provide email address], fax number: [please provide fax number ], Email address: [Please provide email address].

 

— I/we (*) hereby give notice that I/we (*) revoke my/our (*) purchase contract for the following goods (*)/for the provision of the following services

— Ordered on (*)/received on (*)

 

— Name of the customer

 

— Address of the customer

 

— Signature of the customer (only if this form is sent in paper form)

 

- Date

_______________

(*) Delete what does not apply.

​