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Product	Subtotal
Snow White - Apple & Snow White - Poison × 1 Vendor:	€ 7'292.00
Africa in Wald - Aldi × 1 Vendor:	€ 4'170.00
Subtotal	€ 11'462.00
Shipping:	Free shipping
Delivery Date	Sorry, there are currently no slots available for delivery.
Total	€ 11'462.00 (includes € 819.47 VAT)

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General terms and conditions for the sale of physical products via the online shop within Switzerland and the EU

Important instructions

This General Terms and Conditions Agreement also covers the delivery of products to the European Union.

Furthermore, this represents non-binding information, which is aimed primarily at small and medium-sized private companies. No guarantee can be given for factual accuracy, completeness and/or topicality. The practical implementation must be based on the specific use cases and processes in the company (see, for example, the yellow markings in the text). If necessary, you may want to work with a lawyer you trust.

1. Applicability and Scope

The following general terms and conditions (hereinafter referred to as <<Terms and Conditions”>> apply to all business relations between the Marra Kunst Kuratorin or “hdappe.com” and the seller <<artists, galleries, people accepted at hdappe.com / Hdappe.com or / Marra Kunst Kuratorin, only those products which, through Hdappe.com, accepted verified works of art, can be purchased through our website Hdappe.com.

The website and online shop are operated by: Agnes Marra
Marra Kunst Kuratorin
Switzerland
6020 Emmenbrücke
[UID-CHE _375.559.847¹]
Telephone 0041782540155

Individual agreements concluded with the customer take precedence over these General Terms and Conditions.
Any conflicting conditions of the customer will not be recognized.
The Marra Kunst Kuratorin reserves the right to change these terms and conditions at any time. All changes will become effective upon publication of the new Terms and Conditions on the website. When purchasing a product, the relevant time for the applicability of the valid terms and conditions is the date on which the binding order is submitted to us..

Please read these terms and conditions carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms and conditions and our privacy policy and declare that you are authorized to enter into legally binding contracts and are at least 18 years of age.

¹ The UID UID-CHE _375.559.847 ] is the company identification number that is published in the commercial register.

2. Conclusion of a purchase contract

The presentation of the products in the online shop does not constitute a legally binding offer, but rather merely a non-binding online catalog or a non-binding invitation to customers to order the product in the online shop. Marra Kunst Kuratorin < hdappe.com> expressly reserves the right to change the products themselves as well as the content, such as images, range, prices and the descriptions of our products, at any time and without prior notice. Illustrations, images, brochures, advertising and other information relating to our products are for informational purposes only and are not binding on the Marra Kunst Kuratorin.

The customer can place a binding order for the products they have selected via our online shop. The customer can place the products they select in the «shopping cart». This is not yet considered a binding order. An order is only considered binding when the customer clicks on the [«order with an obligation to pay»] button on the order page at the end of the ordering process. Before submitting the order, the customer can change and view the information at any time, identify any input errors and, if necessary, correct them before the final binding order is submitted.

An order confirmation will be sent to the customer immediately and automatically by email. This confirmation email contains the details of your order and our terms and conditions that you accepted during the ordering process. The confirmation email serves only as information that we have received your order. The automatic order confirmation does not yet result in a purchase contract. By submitting the order, you confirm that you have read the terms and conditions and agree to them unconditionally. We recommend that you print out the terms and conditions for the purpose of online orders and your documentation or save them on your computer.

After you have submitted a binding order, Marra Kunst Kuratorin is free to either accept the order at its own discretion, or to reject it by sending a corresponding notification by email and without assuming any liability towards you or third parties. If you cancel, we will notify you of any payment that has already been made regarding the refund options of the order. Reasons for rejecting an order may include, for example: if a product is no longer available; if we cannot obtain authorization for the customer’s payment; or if there is reason to believe that the customer is in breach of these Terms and Conditions, individual contracts, fraudulent or other criminal offenses; or activities or for another reason of concern.

When the order is accepted, a binding purchase contract is created with the customer. This acceptance occurs when the ordered goods are dispatched.

Any commercial distribution or resale of our products is strictly prohibited.

3. Availability and reservation of performance for products that cannot be delivered

All information about the availability of our products and the shipping and delivery of our goods is preliminary information and approximate guidance. They do not represent binding or guaranteed shipping or delivery dates. Liability for unavailable goods or for delays in shipping or delivery of the goods is expressly excluded.

Our products are available while our stocks last. If Marra Kunst Kuratorin discovers when processing your order that the goods you ordered are not available, we will inform you immediately. In this case, a contract for the non-deliverable goods is not concluded because the ordered goods cannot be delivered.

We further reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by email.

4. Prices and shipping costs

Our products and prices are those stated on the website. All prices are stated in CHF (Swiss francs) [or in euros, where applicable] and include statutory value added tax (VAT).

[If applicable in the respective EU country, additional mention of any additional VAT, duties/fees].

The total price of your order, including any additional and shipping costs and the VAT to be paid for the respective country, will be displayed at the end of the ordering process.

[This must be adjusted depending on the delivery method: Additional customs fees may apply when shipping to countries outside Switzerland. These are not included in the price and must be paid by the customer.]

By placing a binding order, you declare that you agree to the total price for the ordered products. After the binding order, the price can no longer be adjusted.

Marra Kunst Kuratorin reserves the right to change prices at any time. The products will be invoiced based on the prices offered at the time of placing the binding order.

5. Payment terms/credit check

Orders are generally due for payment immediately.

The customer has the option of paying using the payment methods displayed on the website or during the ordering process. These may change from time to time and depending on the country. We also reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods we use (for example, to hedge our credit risk, only those in accordance with the respective creditworthiness). Marra Kunst Kuratorin is expressly authorized by the customer to carry out credit checks at its own discretion and, if necessary, to pass on the customer’s data to third parties for this purpose.

By choosing the payment method, the customer authorizes the payment either by entering credit card details or access data from a payment service provider. The customer authorizes Marra Kunst Kuratorin to accept or collect payments in the appropriate manner. Should chargebacks occur, hdappe.com is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, hdappe.com is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.

If you pay with a credit card or alternative payment method, we reserve the right to check the validity of the card, control the collection availability parameters and address details and request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and the payment details entered are correct. If payment is refused, Marra Kunst Kuratorin reserves the right to cancel the order and stop shipping the products. In this case we will contact you immediately.

When paying by invoice, the customer receives the invoice with a payment slip with the delivery of the goods or by email. Payment must be made using the payment slip within the payment deadline stated on the invoice. If payment is not made on time, Marra Kunst Kuratorin is entitled to charge its expenses for each reminder of at least CHF 50 and other costs associated with debt collection, as well as the statutory default interest. If it becomes necessary to initiate debt enforcement, we will charge an additional processing fee of at least CHF 200.

6. Delivery conditions

Delivery is generally carried out via the Swiss Post AG delivery service. For deliveries to Switzerland, the shipping costs are borne by Marra Kunst Kuratorin. The following delivery services are used for deliveries to the EU:

[Swiss Post AG or couriers such as DHL, TNT.] The desired delivery service can be defined during the ordering process. The costs incurred must be paid by the buyer in advance.

The goods that you order in our online shop and that are in stock will be shipped to you within 6-8 working days after receipt of full payment, depending on the destination and shipping method. You can use [tracking number] to track the current location of your order.

If the products are marked as not in stock when ordering, Marra Kunst Kuratorin will endeavor to deliver the goods as quickly as possible. Marra Kunst Kuratorin does everything in its power to adhere to the specified delivery times. However, the Hdappe.com < Marra Kunst Kuratorin company is not responsible for delivery delays, regardless of their causes. We will inform you immediately about any delivery delays that occur.

If the disruption to performance lasts more than [3] weeks after the original delivery date, the customer is entitled to cancel his order. Further claims, in particular claims for damages, are excluded.

If the delivery of the goods fails due to the fault of the customer despite [three] delivery attempts, Marra Kunst Kuratorin can withdraw from the contract. Any payments made to the seller will be refunded immediately.

7. Retention of title

The Marra Kunst Kuratorin company remains the owner of the delivered goods until they have been paid for in full.

8. Right of withdrawal and return

Requirements

For all purchases of our goods via our online shop (with the exception of certain products; see the cancellation restrictions below), you as a consumer have the right to cancel within 14 days of receipt of the goods without giving reasons. You can withdraw from the contract within 14 days of receipt of the goods or a third party named by you who is not the carrier by sending the goods back to us [Marra Kunst Kuratorin, Switzerland, 6020 Emmenbrücke, 0041782540155 Email [info@hdappe.com] or a clear declaration of cancellation in text form (e.g. a letter sent by post, email or fax) about your decision to withdraw from the contract. The 14-day return period begins on the day after receipt of the goods and is met if the goods, or the cancellation notice are handed over to the post office or another transport company for return or shipping on the last day. You can use the sample cancellation form, which is available at the following link [hdappe.com Withdrawal form for physical products], but this is not mandatory.

The prerequisite for exercising the right of withdrawal is that you return the goods to us unused, complete and intact, if possible in the original packaging. The goods plus the completed return receipt must be returned to the following address:

Marra Kunst Kuratorin, [Emmenbrücke 6020 Benziwilstr ] 0041782540155.

Consequences of revocation

If you cancel the contract and if the goods are returned properly, we will refund the total price paid by you including delivery costs (with the exception of the costs resulting from you choosing a method of delivery other than the cheapest method offered by us, if you have chosen standard delivery) immediately and no later than 14 days from the day on which we received notification of your cancellation of this contract or on which we received the goods. The repayment depends on the payment method originally used and is always made to the associated account that was used for the payment, unless something else was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. Please ensure that you have access to the specified account as Hdappe.com assumes no liability in this regard.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

Restrictions on Cancellation

The right of withdrawal is excluded for the following contracts:

Delivery of products that have been customized to your own specifications or that are clearly tailored to your needs (so-called customized, customized products);
if the delivery concerns products that are not suitable for return for health or hygiene reasons and whose packaging was opened after delivery.

² Consumers within the meaning of EU Directive 2011/83 on consumer rights are natural persons who act outside of their commercial, business, craft or professional activity.

9. Notification of defects/warranty

Hdappe.com guarantees that the goods correspond to the guaranteed properties and have no defects that affect their value or suitability for the intended use.

After receiving the products, the customer must immediately check them for accuracy, completeness and any damage. Errors or damage must be reported to Hdappe.com within [5] business days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you do not check the defect or report it immediately, the product will be deemed approved and you will no longer be entitled to make any claims against us.

The statutory warranty regulations against manufacturing defects/material defects apply
Production defect. The warranty period is 2 years from receipt of the product. Excluded from the warranty are products that were damaged through the buyer’s own fault ([list examples]).

The customer’s warranty claims are limited to [replacement delivery or Elimination of defects/repair to the exclusion of all other claims, in particular Reduction or compensation for indirect and consequential damages]. Hdappe.com decides at its own discretion about replacement delivery or repair. If subsequent delivery or repair fails, the customer is entitled to withdraw from the contract if there are significant defects.

To report a complaint or have service questions, please contact us at the following address with the order number, customer number, a description of the error and other helpful information:

Hdappe.com Marra Kunst Kuratorin Tel: 0041782540155 6020 Emmenbrücke.

The defective product must be returned with a copy of the invoice and a detailed description of the defect to the above address of Hdappe.com. The return of a product is at the expense and risk of the customer. Please have your return shipment confirmed and keep this confirmation, as your warranty claim cannot be processed if the package is lost.

10. Registering for an account

When you register a customer account, you can [view information about your completed, open and recently sent orders and manage and save your address details, any payment details and any newsletter]. As your data is saved, you do not have to enter it again when you make another purchase.

If you register for such an account, you are responsible for ensuring that the personal data required for registration is truthful and complete. You are obliged to treat the personal access data confidentially and not to make it accessible to unauthorized third parties. Hdappe.com guarantees to treat your data confidentially and not to pass it on to unauthorized third parties. For further information on data protection, please refer to our privacy policy at our [Privacy Policy] page.

Registration is free of charge. Each customer is only authorized to maintain one customer account. We reserve the right to delete several applications and to admonish, block or delete or change the content of registered customers who violate these GTC or individual agreements.

Hdappe.com is not obliged to accept the registration or order of a registered customer.

11. Complaints and claims

Customer satisfaction is important to us. You can reach us at any time using the contact information provided at the beginning of this document. We will attempt to review your requests and complaints as quickly as possible and will contact you upon receipt of the documents or your submission or complaint. If you have a claim or complaint, please help us by telling us the exact problem or signs of error and, if necessary, provide a copy of the order documentation or at least the order number, customer number, etc. We will endeavor to respond to you within [5] working days.

12. Liability³

Hdappe.com shall be liable in the event of a breach of its own obligations under these GTC and the contractual relationships based on them for damages caused and proven by it [through unlawful intent or gross negligence. Liability is expressly excluded for slight and medium negligence as well as for indirect and consequential damages, whether based on contract, tort or any other reason. Indirect damages include, for example, loss of profit, financial loss, damage to reputation, damage caused by computer viruses or loss of data due to temporary impairment or interruption of the availability of Hdappe.com services. Furthermore, Marra Kunst Kuratorin assumes no contractual or non-contractual liability for damages caused by auxiliary persons used to provide the service.

The above exclusions and limitations of liability do not apply in the event of culpable injury to life, limb or health caused directly by Marra Kunst Kuratorin or in the event of mandatory statutory provisions, including the provisions of the Product Liability Act.

Subject to the foregoing, the total liability under these GTC shall be limited to the price of the goods ordered by the customer from us, irrespective of the reason and to the extent permitted by law ].

Event outside our sphere of influence

If an event occurs that is beyond our influence and control (so-called force majeure), we assume no liability or responsibility for the non-performance or delayed performance of any obligations arising from these GTC and the contractual relationship based on them. An event beyond our control exists, for example, in the following cases:

strikes, lockouts or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communications networks or the inability to use rail, shipping, air, motor vehicle or other means of public or private transportation.

Should an event beyond our control occur that affects the fulfillment of our obligations under the contract, we will inform you as soon as possible.

³ Liability can also be regulated in another form, within the legally permissible framework, in particular taking into account the exclusion of liability due to a defect in the purchased item in accordance with Art. 199 CO (according to which the exclusion of liability is invalid if the seller has fraudulently concealed the warranty defects from the buyer) and the use of unfair terms and conditions in accordance with Art. 8 UWG.

13. Data protection

Hdappe.com collects and processes personal data only within the framework of the statutory provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our privacy policy at [Privacy Policy], which forms an integral part of these GTC.

14. Copyright

The information and content published on the website are protected by copyright and are the property of Hdappe.com or the respective copyright holder. Reproduction, editing, distribution or any other form of exploitation is not permitted and requires the prior written consent of the respective rights holder. Hdappe.com and the relevant rights holder expressly reserve all rights in this respect.

15. Severability clause

Should one of the provisions of these GTC be or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision that reflects the economic purpose of the provision and the intention of the parties at the time the contract was concluded as far as possible. The same applies to any loopholes in these GTC.

16. Online dispute resolution⁴

The European Commission has set up an online platform for alternative dispute resolution procedures for consumers resident in the EU, which provides an out-of-court procedure for resolving all disputes in connection with and arising from online sales contracts. You can use this platform to settle disputes arising from the online contract concluded with us. The platform is available at the following link http://ec.europa.eu/consumers/odr/.

⁴ The information obligation only applies to Swiss online retailers who also have a branch in the EU. However, it does not apply to a Swiss online retailer who merely sells its products to EU consumers.

17. Applicable law and place of jurisdiction

These GTC, the contractual relationships based on them and any disputes shall be governed exclusively by substantive Swiss law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for natural persons shall be the registered office of Hdappe.com or the customer’s place of residence.
For legal entities, the place of jurisdiction is exclusively the registered office of Hdappe.com.
These provisions shall only apply insofar as there are no mandatory provisions of the law of the country in which the consumer has their habitual residence that take precedence over these GTC.

Hdappe.com withdrawal form for physical products

If you wish to withdraw from the contract, please fill out this form and send it back to:

Hdappe.com
6020 Emmenbrücke Benziwilstr 0041782540155

Ordered on: __________________

Received on: __________________

Name of the consumer(s)*:

Address of the consumer(s)*:

Place and date: __________________

Signature of the consumer(s)*:

(*) Delete what is not applicable

I have read and I agree to the website's terms and conditions. *

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