Terms of service


GENERAL TERMS AND CONDITIONS

Notice: Due to current circumstances, shipping to Member States of the European Union (EU) is permanently excluded and not offered. Orders with a delivery address within the EU will be automatically cancelled.

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal and Return
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Special Conditions for the Processing of Goods According to Customer Specifications
  9. Applicable Law
  10. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Natalia Kameneva Art, operating under "Natalia Kameneva" (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the "Customer") and the Seller with regard to the goods presented by the Seller in their online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

1.4 Delivery Restriction: Shipping of goods to Member States of the European Union (EU) is excluded. Contracts are concluded only with customers whose delivery address is outside the EU (e.g. Switzerland, USA, United Kingdom, Canada, etc.).

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit an offer via the online order form integrated into the Seller's online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer by clicking the button that completes the ordering process. The Customer may also submit the offer to the Seller by email.

2.3 The Seller may accept the Customer's offer within five days

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
  • by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives occur, the contract is concluded at the time when the first of these alternatives occurs. The acceptance period begins on the day following the dispatch of the offer by the Customer and ends at the expiry of the fifth day following dispatch. If the Seller does not accept the Customer's offer within this period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. email, fax, or letter) after the order has been submitted. Any further access to the contract text by the Seller does not take place. If the Customer has set up a user account in the Seller's online shop prior to submitting the order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account using the corresponding login data.

2.5 Prior to submitting a binding order via the Seller's online order form, the Customer may identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until clicking the button that completes the ordering process.

2.6 The German language is available for the conclusion of the contract.

2.7 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal and Return

3.1 For deliveries to Switzerland: The Seller grants customers with residence and delivery address in Switzerland a voluntary right of return of 14 days from receipt of the goods. In the event of a return, only the pure value of the goods will be refunded. The original outbound shipping costs as well as the full costs of secure return shipping (particularly for large-format artworks sent by freight forwarder) are to be borne entirely by the buyer. The goods must be in undamaged, original condition.

3.2 For deliveries worldwide (outside Switzerland & the EU, e.g. USA): For all international orders outside Switzerland and outside the EU, the principle "All Sales Are Final" applies. A statutory or contractual right of return, withdrawal, or exchange is expressly excluded for these countries.

3.3 Since deliveries to the EU are excluded, the statutory obligation to provide an EU withdrawal policy and a withdrawal form does not apply to regular online shop operations.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices. As the Seller is domiciled for tax purposes in Switzerland, the prices include any applicable Swiss tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside Switzerland and outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties or local import VAT). These fees are levied by local authorities or the shipping company and are the sole responsibility of the buyer.

4.3 The available payment method(s) will be communicated to the Customer in the Seller's online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during order processing by the Seller is decisive.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the Customer or an authorized recipient. By way of exception, the risk also passes to the consumer as soon as the Seller has delivered the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned such person or institution and the Seller has not previously named them to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the Seller's fault and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration refunded without delay.

5.5 If the Seller offers collection of the goods, the Customer may collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

6) Retention of Title

If the Seller makes advance performance, they retain ownership of the delivered goods until full payment of the purchase price owed has been made.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects under Swiss law apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for defects is one year from delivery of the goods;
  • for used goods, rights and claims due to defects are excluded;
  • the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

7.2 The above liability limitations and reductions of limitation periods do not apply to claims for damages and reimbursement of expenses by the Customer, nor in cases where the Seller has fraudulently concealed the defect.

7.3 If the Customer is a merchant within the meaning of commercial law, they are subject to the commercial duty to inspect and give notice of defects. If the Customer fails to comply with the applicable notification obligations, the goods shall be deemed approved.

7.4 If the Customer acts as a consumer, they are requested to complain to the carrier about delivered goods with obvious transport damage and to inform the Seller thereof without delay. Failure to do so has no effect on the Customer's statutory or contractual claims for defects.

8) Special Conditions for the Processing of Goods According to Customer Specifications

8.1 If, according to the content of the contract, the Seller owes not only the delivery of goods but also the processing of goods according to specific Customer specifications, the Customer must provide the Seller with all content required for processing, such as texts, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the Seller, and grant the Seller the necessary rights of use. The Customer alone is responsible for procuring and acquiring rights to such content. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed, especially copyrights, trademark rights, and personal rights.

8.2 The Customer shall indemnify the Seller against claims by third parties that they may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer's content by the Seller. The Customer shall also assume the necessary costs of legal defense, including all court and attorney's fees at the statutory amount. This does not apply if the infringement is not attributable to the Customer. The Customer is obliged to provide the Seller immediately, truthfully, and completely with all information necessary for the examination of the claims and a defense in the event of a claim by third parties.

8.3 The Seller reserves the right to reject processing orders if the content provided by the Customer violates statutory or official prohibitions or common decency. This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

8.4 For artworks made according to specific customer requests (individual custom orders), any right of return or withdrawal is completely excluded, regardless of the delivery country.

9) Applicable Law

9.1 All legal relationships between the parties shall be governed by the law of the Swiss Confederation, excluding the laws on the international sale of movable goods (CISG). For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10) Alternative Dispute Resolution

10.1 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.