Conditions

Terms and Conditions (T&C) for Designah.ch

1. Scope

1.1 These Terms and Conditions (T&C) apply to all business relationships between Designah (hereinafter referred to as "Provider") and its users (hereinafter referred to as "Customer" and "Artist") in the version valid at the time of the conclusion of the contract.

1.2 Deviating conditions of the Customer or Artist are not recognized unless the Provider expressly agrees to their validity in writing.

2. Subject of the Contract

2.1 Designah.ch acts solely as a mediation platform between Customers and Artists. The Provider offers the platform through which Customers can commission custom artwork from Artists.

2.2 The Provider is not a contracting party to the contracts concluded via the platform between Customers and Artists. The contract for the purchase of artwork is concluded exclusively between the Customer and the Artist.

3. Conclusion of the Contract

3.1 The presentation of products and services on the website does not constitute a legally binding offer but an invitation to place orders (online catalog).

3.2 By clicking the order button, the Customer submits a binding order for the items in the shopping cart. The acknowledgment of receipt of the order follows immediately after sending the order and does not yet constitute acceptance of the contract. The contract is concluded only upon the sending of an order confirmation or the delivery of the goods by the Artist.

4. Prices and Payment Terms

4.1 The prices indicated are final prices and include the statutory value-added tax, where applicable.

4.2 The Customer can make the payment in advance, by credit card, PayPal, or other payment methods indicated on the website.

4.3 The Provider reserves the right to exclude certain payment methods in individual cases.

5. Delivery and Shipping

5.1 Delivery is made to the delivery address specified by the Customer.

5.2 The Customer bears the shipping costs. The exact costs are specified during the ordering process.

5.3 The delivery time is indicated on the respective product page. If no information is provided, delivery is made within 30 days after the conclusion of the contract.

5.4 If the Customer does not accept the work, efforts will first be made to make adjustments to the artwork. If the artwork still does not meet the Customer's expectations and they do not want it, the Artist receives the full 50% deposit.

6. Right of Withdrawal

6.1 Customers who are consumers under Swiss law have a statutory right of withdrawal. Details and conditions of the right of withdrawal can be found in the cancellation policy.

7. Liability and Warranty

7.1 The Provider is not responsible for the proper fulfillment of the contracts concluded between Customers and Artists.

7.2 The Provider is not liable for damages caused by improper handling or use of the delivered goods.

7.3 The Provider is fully liable for intent and gross negligence. In cases of slight negligence, the Provider is only liable for damages resulting from injury to life, body, or health.

8. Usage Rights to Artworks

8.1 The Artist retains the copyright to their artworks. The Customer only acquires the physical rights to the purchased artwork, not the copyright.

8.2 Any reproduction or commercial use of the artworks requires the prior written consent of the Artist.

9. Data Protection

9.1 The Provider collects, processes, and uses personal data of the Customer exclusively in accordance with legal provisions and the privacy policy.

9.2 The privacy policy is an integral part of these T&C and can be viewed on the website.

10. Final Provisions

10.1 Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

10.2 Should individual provisions of these T&C be or become invalid, this shall not affect the validity of the remaining provisions.

10.3 The place of fulfillment and jurisdiction is the Provider's registered office, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law.

Contact

Designah
Lohackerweg 1
4805 Brittnau
Switzerland
Phone: +41 76 366 48 05
Email: info@designah.ch