Conditions of use
Welcome to our online store! Artworth GmbH and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
1. Scope of Application
The following General Terms and Conditions (T&C) apply to all orders placed via our website.
A consumer is a natural person who maintains business relations with Artworth GmbH, primarily via artworth.ch, which cannot be attributed to either their commercial or self-employed professional activity. Orders in non-household quantities may be refused without justification.
Artworth GmbH reserves the right to change these terms and conditions at any time. The version of these terms and conditions that is valid at the time of the order shall apply, which cannot be unilaterally changed for this order. Any customer terms and conditions that contradict or deviate from these T&C will not be recognised.
The operator of this website is Artworth GmbH.
2. Information on this Website
Artworth.ch contains information about products and services. We reserve the right to make changes to prices and product range as well as technical changes. All information on www.artworth.ch (product descriptions, images, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) is for illustration purposes only and is to be understood as approximate values and is not binding. In particular, they do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. Artworth GmbH makes every effort to ensure that all data and information on this website is correct, complete, up-to-date and clearly arranged, but Artworth GmbH cannot guarantee this either explicitly or implicitly.
All offers on this website are non-binding and should not be construed as a binding offer.
Artworth GmbH cannot guarantee that the products listed are available at the time of ordering. Therefore, all information regarding availability and delivery times is subject to change without notice.
The sales prices listed on artworth.ch are final prices and include, only for customers residing in Switzerland, the legal value added tax and any other legal fees such as advance recycling fees for electronic equipment. The prices are quoted net in US dollars (USD).
Unless otherwise stated, any shipping costs will be charged additionally and must be paid by the customer. Shipping costs are shown separately in the order process. This also applies to customs costs and value added tax in cross-border business. These are entirely at the expense of the buyer.
We reserve the right to make technical changes, errors and misprints. In particular, Artworth GmbH may make price changes at any time and without prior notice. The sales prices do not include consulting and support services.
4. Conclusion of Contract
The products and prices on this website are non-binding offers.
By placing an order via this website, including the acceptance of these terms and conditions, the customer makes a legally binding offer to conclude a contract. Artworth GmbH will then send an automatic order confirmation by email, which confirms that the customer’s offer has been received via artworth.ch. Orders placed are binding for the customer. Unless otherwise noted, there is no right of return or withdrawal.
The contract is concluded as soon as artworth.ch sends a declaration of acceptance by email, in which the dispatch of the ordered products or services is confirmed.
Orders will only be delivered after full payment has been received (exception: delivery against invoice) and if the goods are available. Should it transpire that the ordered goods cannot be delivered or cannot be delivered in full, Artworth GmbH is entitled to not accept or only partially accept or execute the order. In such a case, the customer will be informed by email. If the customer’s payment has already been received by Artworth GmbH, the payment will be refunded to the customer. If payment has not yet been received, the customer shall be released from the obligation to pay.
5. Payment Options and Retention of Title
The customer has the payment options indicated in the order process at his disposal.
Artworth GmbH reserves the right to exclude customers from individual payment options without giving reasons or to insist on payment in advance.
The products delivered to the customer remain the property of Artworth GmbH until full payment has been received.
6. Delivery, Obligation to Check, Notification of Defects and Returns
Deliveries are sent by post or courier service to the address indicated by the customer in the order.
Artworth endeavours to keep delivery times as short as possible. Any delivery times stated in the order confirmation are not binding. Artworth is entitled to make partial deliveries. In this case, the customer will only be charged once for the shipping costs.
If delivery against invoice is offered, Artworth may choose to send the invoice by email or by post.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, Artworth may, after notifying the customer by email and granting the customer a reasonable period of grace, dissolve the contract and charge the customer for the costs of the work involved.
The customer is obliged to inspect the delivered goods immediately upon receipt and to notify Artworth.ch immediately in writing of any defects for which Artworth.ch provides warranty by letter or email to the address in the imprint.
Returns to Artworth.ch are at the customer’s expense and risk. The Customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the return address given by artworth.ch in the Imprint.
If Artworth’s inspection reveals that the goods have no detectable defects or that they are not covered by the manufacturer’s guarantee, Artworth.ch may charge the customer for the work involved, the return or any disposal.
7. Right of Withdrawal
The customer is granted a right of withdrawal during 10 calendar days after receipt of the goods. The deadline is deemed to have been met if the customer sends the written cancellation to Artworth by email or letter (address as per imprint) within the deadline. The revocation does not require any justification.
Exercising the right of withdrawal will result in the cancellation of the contract. The customer must return the goods within 10 calendar days in their original packaging, complete with all accessories and together with the delivery note to the return address given by Artworth.ch in the imprint. Returns to Artworth.ch are at the customer’s expense and risk. Any payment already made will be refunded to the customer within 20 calendar days, provided that Artworth.ch has already received the goods back or the customer can provide proof of dispatch.
Artworth.ch reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to charge the customer for this.
No right of revocation is granted in the following cases:
(i) If the contract has a random element, namely because the price is subject to fluctuations over which the Provider has no influence;
(ii) If the contract concerns a movable item which, due to its nature, is not suitable for return or can spoil quickly;
(iii) If the subject of the contract is a movable item that is manufactured according to the customer’s specifications or is clearly tailored to personal needs (for example, suits);
(iv) If the contract concerns digital content and this content is not provided on a fixed data carrier or if the contract is to be fulfilled completely and immediately by both parties;
(v) If the contract concerns a service and the contract is to be fully performed by the Provider with the prior express consent of the Customer before the withdrawal period has expired.
(vi) In the areas of accommodation, transport, delivery of food and beverages and leisure activities, if the Provider undertakes, when concluding the contract, to provide the services at a specific time or within a precisely specified period.
Artworth endeavours to supply goods of impeccable quality. In the case of defects reported in good time, Artworth GmbH will guarantee that the goods purchased by the customer are free of defects and in working order for the statutory warranty period of usually two years from the date of delivery. It is at Artworth’s discretion to provide the warranty through free repair, equivalent replacement or refund of the purchase price. All other warranty rights are excluded.
Normal wear and tear and the consequences of improper handling or damage by the customer or third parties as well as defects attributable to external circumstances are not covered by the warranty. The warranty for consumable and wearing parts (e.g. batteries, accumulators, etc.) is also excluded.
Artworth is not able to give any assurances or guarantees that the data is up-to-date, complete and correct, or that the website, its functionalities, integrated hyperlinks and other content will be available at all times or without interruption. In particular, no assurances or guarantees are given that the use of the website does not infringe the rights of third parties who are not in possession of Artworth GmbH.
Artworth GmbH excludes all liability, regardless of its legal basis, as well as claims for damages against Artworth and against any auxiliary persons and agents. In particular, Artworth GmbH is not liable for indirect damage and consequential damage, loss of profit or other personal injury, property damage or pure financial loss of the customer. Artworth GmbH reserves the right to further-reaching, mandatory legal liability, for example for gross negligence or unlawful intent.
Artworth.ch only uses hyperlinks to facilitate the customer’s access to other websites. Artworth can neither know the content of these websites in detail, nor can it assume liability or other responsibility for the content of these websites.
10. Data Protection
Artworth may process and use the data collected during the conclusion of the contract in order to fulfill its obligations under the sales contract and for marketing purposes. The data required to fulfill the contract may also be passed on to commissioned service partners (logistics partners) or other third parties.
The data protection regulations are available in detail under the following link: https://artworth.ch/privacy-policy/
11. Partial Invalidity
Should individual provisions of these T&C’s prove to be invalid or unenforceable or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
12. Further Provisions
Artworth GmbH expressly reserves the right to amend these terms and conditions at any time and to put them into effect without prior notice.
In the event of any disputes, Swiss law shall apply exclusively, to the exclusion of conflict-of-law provisions. The UN Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded.
Place of jurisdiction is Biel/Bienne, Switzerland.