GENERAL TERMS AND CONDITIONS - carolfusteros.ch
(Date of version December 2020)
General Terms and Conditions apply to all Services provided by us, Carol Fusteros Interior Design Sommerwies-Textildesign (CHE-453.249.971), registered address is at Sportplatzweg 7D, 8213 Neunkirch, (referred to as “we/us/our”).
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1 - GENERAL CONDITIONS
By visiting our site and/ or purchasing something from us, you engage in our “Service” and/or “Product” and agree to be bound by the following terms and conditions (“General Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These General Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these General Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these General Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools which are added to the current store shall also be subject to the General Terms and Conditions. You can review the most current version of the General Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these General Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these General Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of 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 code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or Product, use of the Service or Product, or access to the Service or Product, or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2 - CONTRACT
The basis of the contract between the customer and the supplier is made through an agreement (acceptance of the quote), referred by filling in our "Exclusive Cushion Covers Collection Form” or by an e-mail contact referred to the Interior Design service, or informally through the use of the services.
Following our initial consultation, we will provide you with a Proposal for the Services you have requested. This will be based on the brief given by you. All details of the project or any relevant information must be given to us fully and to the best of your knowledge. A legally binding contract between you and us will be created when you accept our Proposal. Before accepting our Proposal, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please contact us so we can clarify your concerns and doubts. No terms or conditions issued or referred by you in any form will in any way vary or add to these Terms and Conditions unless we agree otherwise in writing.
To submit to our "Exclusive Cushion Covers Collection Form" you are able to purchase it directly from our Website, by filling our form and paying the "Product Development and Design Fee". In this event, our Website will guide you through the submission process. Your order constitutes a contractual offer that we may, at our sole discretion, accept. All submissions are subject to acceptance by us and we will confirm such acceptance to you by sending you an email that confirms that it has been successfully processed. The contract between us will only be formed when we send you the Confirmation of your submission and payment of the Exclusive Product Development Fee.
"The Exclusive Cushion Covers Collection Form" confirmation will contain full details that you've provided us, such as the chosen Plan, Cushion Sizes, Room, additional information, production time and where applicable, the estimated date on which the Product(s) will be delivered.
Any Proposal we may send is based on the information provided to us at the time we prepare it. If any errors or discrepancies become evident which affect our price, we reserve the right to make adjustments to it.
3 - INTERIOR DESIGN SERVICES
We will ensure that our Services are provided with reasonable care and skill and in accordance with best trade practice. Our Services, and any guidance we provide, will be from an interior design perspective only; you must gain specialist advice from architects, building control, structural engineers, or other specialist contractors or trades where applicable.
If you require any additional services after accepting our Proposal, we will provide you with a further Proposal, which must be accepted by you in writing before we will proceed.
We may provide sketches or impressions before or during the provision of the Services. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the works to be provided, nor to guarantee specific results and is not to be used for construction purposes unless specifically issued as such.
It is your responsibility to check all dimensions and measurements set out in any plans we provide and it is the builder or contractor’s responsibility to report any discrepancies to us prior to any construction or building work starting.
If we are asked to provide lighting, heating, flooring, or other plans, we will produce these as guidance only from a design point of view. It will be the relevant contractor’s responsibility to ensure the work from the plans we have created is safe and practical.
We will provide our designs and plans digitally and have included them in our Proposal. If you require printed materials, we will charge for our costs in providing these.
We may provide suggestions for products or other services to be provided as part of your project. You are under no obligation to accept these suggestions but if you decide to, you will need to ensure the relevant supplier is suitable for your needs. A separate contractual relationship will be created between you and the supplier, under separate terms and conditions. You will be responsible for making arrangements and paying the supplier directly and they will be liable to you directly for their actions or inactions.
We may agree to coordinate the ordering of products for your design. We cannot be held responsible for arranging repairs, replacements, returns, or freight claims for purchases you have made. We strive to select furniture and accessories and brands with good reputations; however, will not be held responsible for the quality of any furniture or accessory that we select or propose.
Any timescales we provide are for guidance only and are not of the essence of the Contract.
All projects, collections, and products carried out by us remain our property. We have the right to photograph and film the process of production, the finished project and publish the same images on our website and social media. The customer's name will not be used in conjunction with the images unless permission from the client is given.
4 - EXCLUSIVE CUSHION COVERS AND PLANS
We have made every effort to display as accurately as possible the colors and images of our products that appear on the quotes and website. We cannot guarantee that your computer monitor’s, or cellphone display of any color will be accurate.
The price of each item will be specified together with the description of each product on the Price Quote that will be sent to you. Based on the information provided by you when filling our "Exclusive Cushion Covers Collection Form" ;
By filling our "Exclusive Cushion Covers Collection Form" on our website, you’ll be charged a "Product Development and Design Fee" of CHF 50.00* (fifty Swiss francs). This amount will be included as a partial payment on the final invoice if you approve and choose one of the options presented.
If you decide not to choose any option presented, even if we exceed the limit of 8 (eight) options, the "Product Development and Design Fee" of CHF 50.00 (fifty Swiss francs) will not be refunded.
If the exclusive product form is not canceled within 14 (fourteen) days after filling the form, the Product Development and Design Fee will also not be refunded.
After choosing a collection, you will receive an Official Invoice via email with all the prices from the chosen collection, together with the shipping price and the estimated production time.
The Price quotes are prepared based on the references and information provided by you to our design department through our "Exclusive Cushion Covers Collection Form" on our website and it is valid for thirty days from the date of issue. A written Price Quote approval is necessary so we can start the production.
The payment term for the remaining total amount of the order will be up to seven days after the finished production.
For payments delayed seven days after the agreed date, an interest rate of 7% of the total amount will be charged.
All projects, collections, and products carried out by us remain our property. We have the right to photograph and film the process of production, the finished project and publish the same images on our website and social media. The customer's name will not be used in conjunction with the images unless permission from the client is given.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or plans that we offer. All descriptions of products or plans pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
4.1 - SHIPPING
Shipping prices start with CHF 9.00 (in Swiss francs) and will depend on the size and weight of the package.
Due to the Covid-19 situation, many fabric suppliers are short on material variety and have extended the delivery times. For this reason, the production time increased from 15 to 20 working days to 20 to 40 working days after the approval of the final price quote. The production time will be confirmed with the final Invoice.
The order will only be dispatched after approval and confirmation of the total payment and/or a copy of the receipt sent by email.
The delivery time is 2-5 working days depending on the selected shipping method.
4.2 - RETURNS
Our policy lasts 14 days. If 14 days have gone after delivery of your order, unfortunately, we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
To return your product, you should send us an email at contact@carolfusteros.ch with your name and reason for return. We will send you a confirmation email and you can mail your product to:
Sommerwies-Textildesign - Carol Fusteros Interior Design
Sportplatzweg 7D
8213 Neunkirch
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you may vary.
If you are shipping item(s) over -75 CHF, you should consider using a trackable shipping service or purchasing shipping insurance. We can’t guarantee that we will receive your returned item.
To complete your return, we require a receipt or proof of purchase.
There are certain situations where only partial refunds are granted:
Product with obvious signs of use;
Any item not in its original condition is damaged or missing parts for reasons not due to our error;
Any item that is returned more than 14 days after delivery.
4.3 - REFUNDS
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
4.4 - LATE OR MISSING REFUNDS
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next, contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at carol.fusteros@gmail.com.
4.5 - EXCHANGES
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at contact@carolfusteros.ch subject “EXCHANGE”.
4.6 - SALE ITEMS
Only regular priced items may be refunded, unfortunately, sale items cannot be refunded.
5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We may, in 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail 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.
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 detail, please review our Returns Policy.
6 - MAJOR FORCE EVENTS
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism or war, governmental action, epidemic or other natural disasters, or any other event that is beyond our control.
7 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Products and Services are subject to change without notice.
Our prices are given in Swiss Francs (CHF) including VAT. These are final prices, excluding shipping costs. The shipping costs are stated in the order confirmation email and are always borne by the buyer.
We reserve the right at any time to modify or discontinue any service, plan, or product(or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
8 - PERSONAL DATA USE
In addition, to process your order, we also use the personal data provided by you for advertising purposes. Always in accordance with the provisions of the EU-Datenschutzgrundverordnung ("DSGVO") and your rights under the DSGVO. The Swiss Data Protection Act (DSG) is influenced by EU law and companies outside the European Union or Europäische Wirtschaftsraum (EWR) must comply with the DSGVO under certain circumstances.
You can read more information at our Privacy Policy.
9 - INTELLECTUAL PROPERTY RIGHTS
The content of our Website, Services, Products and designs provided by us is protected by copyright. The use and payment of services by the customer does not result in the transfer of intellectual property rights. We can use this for marketing purposes.
In addition, the resulting final product can be used by the customer within the scope of the offer. However, the customer does not have the right to resell or change the final product or parts of it without first obtaining our express written consent.
We will provide you designs in our standard, non-editable format only. If you require any information or document which could be manipulated by others, please inform us in advance. We only provide these at our sole discretion and subject to the acceptance of our Professional Indemnity insurers and this will be chargeable (typically at the remaining fee for the total project phase).
You may prohibit the use and processing of your data for marketing purposes at any time by written notification. You warrant that any document given to us will not cause us to infringe the intellectual property or other legal rights of any third party.
In the event of a violation of the rights of third parties, the customer must exempt us from full responsibility for any compensation due. In this case, the customer is not exempt from paying the price agreed in the offer for our services.
All projects, collections, and products carried out by us remain our property. We have the right to photograph and film the process of production, the finished project, and publish the same images on our website and social media. The customer's name will not be used in conjunction with the images unless permission from the client is given.
We have the right to use any design created by us and take photographs of the property for our own promotional purposes, attach references to our authorship on the products; this can be done in web applications with a linked reference and or our social media. If you do not agree to this, please advise us when accepting our Proposal.
10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example 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 are and shall be under 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 are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these General Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous 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 Service or any related website.
If you wish to complain about any aspect of your dealings with us, please contact us in writing in the first instance. We will respond to your complaint within 14 days.
11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
12 - PROHIBITED USES
In addition to other prohibitions as set forth in the General Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any 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.
13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee or represent, the constant updating, integrity, correction of data, or the constant availability on our website, its functionalities, integrated hyperlinks, and other content. We also don't guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the use of the website does not violate the rights of third parties that do not belong to us.
We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. We will use our own exclusive judgment when deciding upon artistic factors required for the provision of the Services. To the extent permissible by law, we will not accept liability, and no refunds will be offered, in the unlikely event that you are dissatisfied due to a matter of personal taste.
You agree that from time to time we may remove the service for indefinite periods of time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products, plans, and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, 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, title, and non-infringement.
In no case shall Carol Fusteros Interior Design, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, case of death, 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 any 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We may provide referrals or recommendations to other companies. Please be aware that we may receive commission payments from these companies. However, the decision regarding their suitability rests with you and we accept no liability for their actions or lack of actions.
We cannot be held responsible for issues or defects in our Services where we have relied on information provided by you or other companies instructed by you.
14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Carol Fusteros Interior Design and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these General Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
15 - SEVERABILITY
In the event that any provision of these General Terms and Conditions 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
16 - TERMINATION
The obligations and liabilities of the parties incurred prior to 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 site.
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 also 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 accordingly may deny you access to our Services (or any part thereof).
17 - GOVERNING 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 and the European Union.
18 - CONTACT INFORMATION
Sommerwies-Textildesign - Carol Fusteros Interior Design
Sportplatzweg 7D
8213 Neunkirch