KidsAtelier
General Terms and Conditions
General Terms and Conditions
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Scope of application
These General Terms and Conditions apply to all products and services offered by Atelier Gasparro EF (“Provider”) in its online store (ateliergasparro.ch).
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Product distribution
The conditions listed under 2.1. to 2.8. govern the legal relationship between the supplier and the customer in relation to the purchase of works of art offered in the online store.
2.1 Offer and conclusion of contract
The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to the customer to place a binding order. By clicking on the order button, the customer places a binding order for the goods listed on the order page. Immediately after receiving the order, the online store confirms receipt of the order by e-mail. A contract is not yet concluded by the confirmation of receipt. The purchase contract is only concluded when the goods are delivered. The provider is free to refuse 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 delayed delivery or non-delivery are excluded.
2.2 Payment options
The prices stated on the item page are in Swiss francs (CHF) unless otherwise stated. The customer can use the payment methods offered in the online store under “Payment method”. In the case of payment by credit card or other instant payment methods, the amount is debited when the order is placed. If payment is made 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 in accordance with the shipping conditions listed in the shop. On the product page or in the shopping cart of the online shop, the customer is provided with a provisional delivery date, or the customer will be contacted to arrange an individual delivery date. If an item is temporarily unavailable, the provider will inform the customer of the expected delivery time, provided a correct address has been provided. The shipping conditions generally apply only within Switzerland and the Principality of Liechtenstein. For deliveries abroad, the customer is responsible for any applicable taxes and customs duties, as well as package fees and any additional administrative costs. The provider may exclude the payment method “invoice” for orders from abroad.
2.4. Return Policy
Orders obligate the customer to accept the items and/or services. The provider may, at its sole discretion, accept subsequent changes or cancellations of orders and charge a handling fee.
2.5. Retention of Ownership
The delivered goods remain the property of the provider until full payment of the purchase price has been made.
2.6. Payment Default
If payment is not made by the due date, the customer immediately falls into default. In this case, the provider reserves the right to charge the customer a reminder fee in addition to the invoice amount. The customer is also obligated to cover all costs incurred due to the payment default, in addition to settling the invoice amount (including the reminder fee).
2.7. Warranty
The provider ensures warranty by rectifying defects. This is done at its discretion through supplementary performance, either by remedying a defect (repair) or delivering 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 minor defects. The customer’s right to a price reduction is excluded.
2.8. Disclaimer of Liability
The provider excludes liability for slight negligence.
in case of contract breaches.
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Course Offerings
The conditions listed under 3.1 to 3.8 govern the legal relationship between the provider and course participants regarding the courses and childcare services offered in the online shop.
3.1. Registration
The written course registration (via the online shop or by email to info@ateliergasparro.ch) obligates the course participants to pay the course fee. Late payment of the course fee does not constitute a cancellation and does not exempt the participant from the payment obligation.
3.2. Cancellation
In the event of cancellation by a course participant, the course fee remains due. There is no entitlement to a refund of any already paid course fees.
Alternative: Cancellations must be made in writing via email to info@ateliergasparro.ch. If the cancellation is made at least 14 days before the course starts, the owed course fee will be reduced by half. For late cancellations or cancellations not made in writing to info@ateliergasparro.ch, the full course fee remains due. There is no entitlement to a refund of any already paid course fees.3.3. Payment
By submitting a written course registration (see 3.1.), the course participant commits to paying the course fee immediately via credit card or other instant payment methods, or to transfer the amount to the account specified on the invoice in a timely manner. 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. The course participant is also obligated to cover all costs incurred due to the payment default, in addition to settling the invoice amount (including the reminder fee).
3.4. Payment Methods
The course participant has access to the payment methods offered under “Payment Method” in the online shop. When paying by credit card or other instant payment methods, the charge will be made at the time of course registration.
3.5. Kursorganisation
For organizational reasons, the provider reserves the right to reschedule courses, change the location, or shorten courses with a proportional refund of the course fee. The provider also reserves the right to cancel courses with a full refund of the course fee, particularly due to insufficient number of participants, cancellation of the course instructor, or force majeure. In such cases, the course participants have no entitlement to the course being held. Any changes, rescheduling, or cancellations will be communicated to the course participants by phone or email.
3.6. Course Exclusion
The provider reserves the right to exclude one or more course participants from a course for justified reasons. In the following cases, the full course fee remains due, meaning there will be no proportional refund or waiver of the course fee: exclusion due to non-payment of the course fee, and in serious cases, such as defamation, harassment, or intentional property damage.
3.7. Missed Participation
Missed courses cannot be made up. In this case, the course fee remains due. There is no entitlement to a refund of any already paid course fees.
3.8. Disclaimer of Liability / Insurance
The provider excludes any liability for damages incurred during the courses and events it organizes. Each course participant is responsible for ensuring sufficient insurance coverage. 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 agrees to comply with the current hygiene regulations of the Federal Office of Public Health (BAG) and the provider’s instructions while in the provider’s premises. Participation in the provider’s premises is prohibited for course participants exhibiting symptoms of illness, suspected of being infected with contagious pathogens, and/or under quarantine (either ordered by authorities or self-imposed). Even with adherence to hygiene rules, the risk of infection cannot be fully excluded. 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 with strict confidentiality. Data will only be shared with third parties (e.g., shipping services) if necessary for order fulfillment. Order data is transmitted securely and encrypted, but the provider does not assume any liability for data security during these transmissions over the internet (e.g., due to technical errors by the provider) or for any potential criminal access by third parties to files on the website.
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Changes
These terms and conditions may be amended by the provider at any time. The new version will take effect 30 days after notification by the provider. For customers and course participants, the version of the terms and conditions that was in effect at the time of the contract conclusion generally applies, unless the customer or course participant has agreed to the current version of the terms and conditions.
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Severability Clause
If any provision of these terms and conditions is or becomes invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the applicable legal provisions.
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Applicable Law / Jurisdiction
These General Terms and Conditions are subject to Swiss law. Unless mandatory legal provisions take precedence, the court at the provider’s place of business shall have jurisdiction. The provider is free to file a lawsuit at the defendant’s place of residence or business.