Terms & Conditions

GENERAL TERMS AND CONDITIONS OF BUSINESS

 

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OVERVIEW

 

This website is operated by Swissval AG. Throughout the website, the terms "we", "us" and "our" refer to Swissval AG. Swissval AG offers this website, including all information, tools, and services available on this website, to you, the user, conditioned on your acceptance of all terms, conditions, policies, and notices stated herein.

By visiting our website and/or purchasing something from us, you are using our "Service" and you agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms"), including any additional terms and policies mentioned herein and/or available via hyperlink. These General Terms and Conditions apply to all users of the website, in particular users who are visitors, suppliers, customers, dealers, and/or content creators.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the website, you agree to these terms and conditions. If you do not agree to all of the terms and conditions of this Agreement, do not access the Website or use any Services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

 

Any new features or tools added to the current store will also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to periodically check this page for any changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

 

By agreeing to these Terms and Conditions, you represent that you are at least the legal age in your country of residence, or that you are the legal age in your country of residence and have given us your consent to allow your dependents who are minors to use this website.

 

You may not use our products for any illegal or unauthorized purpose, nor may you, by using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any other code of a destructive nature.

 

Violation of or breach of any of these Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

 

We reserve the right to refuse service to any person at any time for any reason.

 

You acknowledge that your information (other than credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks and (b) modifications to conform and adapt to the technical requirements of any connected network or device. Credit card information is always encrypted when transmitted over networks.

 

You agree not to reproduce, duplicate, copy, use or access any part of the Service, use of the Service or any contact on the website through which the Service is offered without our express written permission to sell, resell or exploit.

 

The headings used in this Agreement are for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

 

We are not responsible if any information provided on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without checking primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this website is made at your own risk.

 

This page may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time but have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes on our website.

SECTION 4 - CHANGES TO THE SERVICE AND PRICES

 

The prices for our products may be changed without prior notice.

 

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

Shopify shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may only be available online through the website. These products or services may be available in limited quantities and are subject to returns or exchanges according to our return policy.

We have made every effort to display the colors and images of our products appearing in the store as accurately as possible. However, we cannot guarantee that your computer screen will accurately display every color.

We reserve the right, but are not obligated, to limit the sales of our products or services to certain individuals, geographic regions, or jurisdictions. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of products or services offered by us. All product descriptions or prices may be subject to change at any time without prior notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited.

We do not guarantee that the quality of products, services, information, or other materials purchased or obtained by you will meet your expectations, or that errors in the service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

By agreeing to these terms, you agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more details, please review our return policy.

 

SECTION 7 - ADDITIONAL TOOLS

 

We may provide you with access to third-party tools that we do not monitor, control, or have any influence over.

 

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or related to your use of additional third-party tools.

 

Any use of additional tools offered through the website is at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms on which the tools are provided by the respective third-party/ies.

 

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

 

Certain content, products, and services available through our service may include materials from third parties.

 

There may be third-party links on this website that redirect you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

 

We are not liable for any damages related to purchases or use of goods, services, resources, content, or any other transactions connected with third-party websites. Please carefully review the policies and practices of the third party and make sure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

 

If, at our request, you submit certain submissions (e.g., contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We shall have no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions.

 

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. Furthermore, your comments must not contain defamatory, offensive, or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website or application. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 

SECTION 10 - PERSONAL INFORMATION

 

The transmission of personal information through the Shop is governed by our Privacy Policy. Please review our Privacy Policy for more information.

 

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

 

Occasionally, there may be typographical errors, inaccuracies, or omissions in product descriptions, pricing, promotions, offers, product shipping charges, delivery times, and availability on our website or in our service. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice, even after an order has been submitted. We also reserve the right to cancel orders if any information related to the service or any associated website is inaccurate.

 

We undertake no obligation to update, amend, or clarify information related to the service or any associated website, including, but not limited to, pricing information, except as required by law. Any stated updates or refresh dates in connection with the service or any associated website should not be construed to indicate that all information related to the service or any associated website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content for the following purposes: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not warrant, guarantee, or assume responsibility for the accuracy, timeliness, security, or error-free nature of the use of our service.

 

We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that we may remove or discontinue the service at any time and without notice.

 

You expressly agree that the use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided to you "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, non-infringement, or other violation of rights.

 

Under no circumstances shall THE AI ART GALLERY, our directors, officers, employees, subsidiaries, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

 

As some countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless THE AI ART GALLERY and our parent, subsidiaries, affiliates, partners, directors, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

 

SECTION 15 - SEVERABILITY

 

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION

 

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or when you cease using our website.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our services (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this website or in connection with the service constitute the entire agreement and understanding between you and us, governing your use of the service, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 - APPLICABLE LAW

 

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Switzerland.

 

SECTION 19 - CHANGES TO THE TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - RETURNS/REFUNDS

 

Returns / Exchanges / Refunds

If a product is damaged at time of delivery or if there's a manufacturing error, we provide a free replacement. Please reach out to us at theaiartgallerystore@gmail.com within 14 days of delivery, and we'll assist you.

Since each product is "made to order", meaning it is printed/made after each individual order, we cannot support returns or exchanges for incorrect size, design, or color choices or if the customer has changed their mind. 

Customers are unable to exchange goods due to sizing issues, particularly if they choose a size too small. We strongly recommend carefully reviewing our size chart at our FAQ section before making a purchase. Our customer service is available to assist with size selection. Please note that measurements may vary by +/- 3 cm. 

Cancellations

After the product has been made/printed cancellations are no longer possible, so please check your order details and adress before completing your purchase. 

Incorrect adress

It is the customer's responsibility to provide the correct shipping/delivery address for their orders. If the incorrect delivery address is provided, we are not responsible to refund your purchase or replace the goods since our products are made to order. 

 

SECTION 21 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at theaiartgallerystore@gmail.com.