Terms

§ 1 General information

These General Terms and Conditions, in short “GTC”, apply to all business relations with me (Ana Maria Fociuc, Sägholzstrasse 35, 9038 Rehetobel, Switzerland, e-mail address: mail(at)paintwithanapaz.com). The contract is concluded when the customer orders a product, a download or access to online courses in the online shop and receives an order confirmation by e-mail. By placing an order, the customer expressly agrees to the present General Terms and Conditions.

The GTCs are applicable in the current version at the time of the conclusion of the contract. The currently valid GTCs can be found on the website. For the conclusion of the contract the English language may be used.

§ 2 Conclusion of Contract

By clicking the button “Buy now” or “Place order” the customer places a binding order for the products offered. The receipt of the order will be confirmed by me electronically within 48 hours after placing the order by e-mail with a confirmation of receipt or by an electronic invoice. A binding contract is concluded upon receipt of the order confirmation or the electronic invoice. The delivery of the ordered products takes place with advance payment (reservation). Before sending the order, the customer can change and view the order details at any time.

A contract is only concluded via the online shop. Orders via e-mail, telephone, fax or other communication channels are not accepted or processed.

I will not process orders in case:

• the customer already has at least one unpaid invoice
• the customer has received products shipped and the unpaid invoice for the shipped products has not been settled
• the customer has violated the GTC in an earlier purchase contract or usage contract

An order is possible for customers outside of Switzerland. If a customer outside of Switzerland places an order, a purchase contract or usage contract is concluded. The customer is responsible for deliberately submitted misleading and false information and is liable for any damages incurred.

§ 3 Prices

The prices listed in the offering at the time the order is placed are applicable. The listed prices are final prices – taxes included. The product remains my property until the purchase price has been paid in full. Shipping costs are included in the prices.

Promotional vouchers are vouchers that cannot be purchased, but which I issue as part of advertising campaigns with a certain period of validity. Promotional vouchers can only be redeemed within the specified period and only once during an order process. Promotional vouchers can only be redeemed during the ordering process. A retroactive crediting is not possible. The promotion voucher cannot be transferred to third parties. Several promotion vouchers cannot be combined together, unless I have agreed otherwise.

§ 4 Payment

I can only accept the payment methods indicated to the customer during the ordering process. I only offer the payment methods PayPal and Stripe. Any fees and transaction costs of a money transaction are to be paid by the customer. If the customer has provided me with a valid e-mail address, the invoice will be sent electronically by e-mail. The customer is requested to check his e-mail account regularly, if necessary also the SPAM folder.

The purchase price is due immediately within 14 days of invoicing without any deductions by advance payment, unless stated otherwise on the invoice.

If the customer defaults on his payment obligation in whole or in part, the order will be cancelled and not processed further.

The customer agrees that invoices will be sent exclusively in electronic form by e-mail.

§ 5 Shipping

Shipping of tangible products within Switzerland is carried out by the Swiss Post. Abroad with the postal services available there. The beneficiary address is the address provided by the customer, unless otherwise specified.

The handover of the ordered tangible products to the shipping service provider depends upon receipt of payment from the customer. After receipt of payment, delivery may take between 5 and 14 working days. No deliveries will be made before receipt of payment. All shipments for the ordered tangible products will be made only after receipt of payment.

I am not responsible for any delays or postponements of the postal services.

Changes of address as well as receipts or duplicates of tangible products must be communicated to me at least 4 weeks before commencement of shipping.

In case a shipment of tangible products is not being delivered, the customer has to contact me to check the status. Subsequent forwarding shipments will be carried out by me, depending on the status of the goods and according to my decision. In case of repeated failure to receive a shipment, the customer is obliged to check his address, if necessary the address on the mailbox. In case of further failure to receive shipments, I decline any responsibility. The customer is obliged to pay the shipping costs for repeated re-deliveries for which I am not responsible.

Digital downloads and access to online courses are provided within 48 hours after receipt of payment. Digital downloads are sent to the customer electronically in a download link via e-mail. Access to online courses is activated after receipt of payment and is available for use with a registered customer account.

The shipping of tangible products is carried out exclusively after receipt of payment.

§ 6 Right of Withdrawal

Cancellation Policy:

You have the right to withdraw from this contract within 14 (fourteen) days without stating reasons.

The cancellation period shall be 14 (fourteen) days from the day you, or a third party other than the carrier and nominated by you, took or has taken possession of the last products.

To exercise your right of withdrawal, you have to inform me (Ana Maria Fociuc, Sägholzstrasse 35, 9038 Rehetobel, Switzerland, e-mail address: mail(at)paintwithanapaz.com) about your decision to withdraw from this contract with a clear declaration (e.g. a postal letter, fax or e-mail). You may use the attached withdrawal form template, but it is not mandatory. In order to comply with the cancellation period, it is sufficient that you send the notification of your decision to exercise the right of withdrawal before the end of the cancellation period.

Consequences of Withdrawal:

If you withdraw from this contract, I shall reimburse you for all payments I have received from you, including shipping charges, without delay and at the latest within 14 (fourteen) days from the day I receive notification of your withdrawal from this contract. For this refund I will use the same payment method that you used for the initial transaction, unless expressly agreed otherwise with me; under no circumstances will you be charged for this refund.

I may refuse to refund until I have received the returned products or until you have provided proof that you have returned the products, whichever comes first. You are required to return or hand over the products to me immediately and in any case within 14 (fourteen) days from the day you notified me of the cancellation of this contract. This period shall be deemed to have been observed if you ship the products before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You shall only be liable for any loss of value of the products if this loss of value is due to any handling of the products which is not necessary for testing the nature, properties and functionality of the products.

The above mentioned right of withdrawal does not apply in case of:

• Digital downloads, products, access to online courses (with the customer’s consent during the ordering process, the right of withdrawal for downloads, products, access to online courses does not apply)
• Contracts for the purchase of products which are not prefabricated and for whose manufacturing an individual selection or designation by the customer is decisive or which are clearly tailored to the personal needs of the customer.

Return shipping charges in case of withdrawal:

If the customer exercises his right of withdrawal, he has to carry the direct shipping charges for the return of the products.

End of the Cancellation Policy

§ 7 Guarantee & Liability

For non-deliveries, delayed shipments or damage to property in the course of the shipping of the products I can only be held liable for intent or gross negligence.

For possible hardware damages caused by the copy protection, I decline any liability.

My liability for my own fault, as well as that of our legal representatives and vicarious agents, is limited to intent and gross negligence. This does not apply to the violation of essential contractual obligations and the absence of guaranteed characteristics.

I make every effort to provide access to all digital products and services 24 hours a day, 7 days a week, but cannot guarantee this.

All legal guarantee rights apply.

§ 8 Copyright

The copyrights and all other rights to contents, images, photos or other files belong exclusively to me, Ana Maria Fociuc (Ana Paz ) or the specifically named holders of rights. For the reproduction of any elements, the written consent of the copyright holders must be obtained in advance.

§ 9 Terms of Use for Digital Downloads

In order to download and read digital products such as pdf files, suitable devices and software are required. It is up to the customer to procure and install these.

The presentation of the eBooks and PDF files depends on the quality and suitability of the customer’s devices and the format (ePUB or PDF).

The customer is permitted to download files and store them for personal use exclusively on a maximum of five (5) end devices of his choice. Furthermore, it is not permitted to change the content or editorial content of downloads in any way or to use modified versions, to copy them for third parties, to make them publicly accessible or forward them, to place them on the Internet or in other networks, whether for payment or free of charge, to imitate them, print them, resell them or use them for commercial purposes.

§ 10 Courses

I offer digital services such as online courses, where you can purchase lifetime or limited access to the online courses. A customer account is required to use such services.

The period of validity for the access to the online courses is correspondingly stated on the invoice after completion of the order. There is no automatic renewal. The access expires after expiry of the purchased period of validity for the access.

The customer is not permitted to download content from online courses without permission, to reproduce it or to use it for non-commercial and commercial purposes. In addition, the customer is not permitted to change the content or editorial content of online courses in any way or to use modified versions, to copy, make publicly accessible or forward them to third parties, to place them on the Internet or in other networks, whether for payment or free of charge, to imitate them, print them, resell them or use them for commercial purposes.

§ 11 Privacy Policy

You can read the privacy policy here.

§ 12 Applicable Law and Jurisdiction

My business activity is based entirely and exclusively on Swiss law. Place of jurisdiction is Rehetobel. I am also entitled to bring an action at the customer’s place of jurisdiction.

§ 13 Legal notice

Ana Maria Fociuc
Sägholzstrasse 35
9038 Rehetobel
Switzerland
mail(at)paintwithanapaz.com