General Terms and Conditions of DS2M GmbH

(version 1.0, March 2019)

Scope

DS2M GmbH, Waserstr. 67, 8053 Zurich, Switzerland (UID CHE-239.062.711, www.ds2m.ch) offers the production of artworks on the website www.shattie.ch, via platform provided by Shopify. The following General Terms and Conditions (“GTC”) apply between the Customer (“Customer” or “You”) and the DS2M GmbH, (“We” or “Us”), in the current version at the time each order is placed.

We shall be entitled to supplement or amend the GTC at any time at our own discretion. Deviating, additional or conflicting Customer conditions will not be recognized unless We have expressly agreed in writing to their validity.

Provider

We are not the provider of functionality of this website. The website works via platform provided by Shopify (www.shopify.com).

Terms of use

To order products from us, there is no registration required. We are not obligated to accept any orders. Likewise, we are not obligated to make our Services permanently available.

Online ordering process

You begin your order by adding the desired goods to the shopping cart. You can view the shopping cart again on the overview page before beginning the checkout process. Please provide the delivery address in the first step of the checkout process. Enter the payment informations in the second step. In the third step you can review your order and all information as well as correct any entry errors before sending and placing your order.

By pressing the [CONFIRM AND PAY]-button you are confirming a binding order of the products that are in the shopping cart.

Subject matter of the contract, attributes of the product

The subject matter of the contract is the products specified in your order and listed in your order confirmation at the retail prices listed in the online shop. Errors and omissions are reserved.

The attributes of the ordered products are based on the product description in the online shop. Images of your products may be inaccurate under certain circumstances. The dimensions are specified as precisely as possible, but may have the usual deviations. The properties described here do not constitute defects in the products delivered to you. The materials used are subject to their usual physical and chemical properties and imperfections. In particular, the polyamide used for 3d-printing is susceptible to photo degradation and will turn yellowish over time.

The presentation of products on the website is a non-binding online catalogue and not a legally binding offer.

Conclusion of contract

A contract is concluded only when the purchase price has been charged from your credit card. In this case we send you a separate purchase confirmation by email.

There is no contract concluded for ordered products that are not listed in the purchase confirmation. This may also affect products that are offered in the online shop but are not available when your order is received. All products are manufactured pursuant to your individual order for which reason we cannot take back any of the articles ordered online (no right of withdrawal).

Products will only be sold in individual piece production instead of larger order quantities. Sales will only be made to private consumers who are at least 18 years of age and legally competent.

Prices and payments

The prices quoted at the time of the order shall apply to orders in our online shop. The prices quoted are retail prices in Swiss Francs (CHF)

The prices do not include any other potential costs such as taxes, except Value Added Tax if applicable, charge fees or tariffs which are charged separately by the post or courier service of the delivery.

The shipping costs to be paid by you are provided in the shopping cart before your order is shipped.

Payment can be done by credit card only. The charging of your credit card is executed immediately with the definite confirmation of the order (by pressing the [CONFIRM AND PAY]-button).

Customs and duties

The import of the ordered products to the place of destination may be subject to customs and duties, which are levied once the shipment reaches your country. You are responsible for any and all taxes, import duties, custom charges of the country in which you reside. The customs regime vary widely in different countries. For more information, please get in touch with the local customs authority. The protection of your personal data is important to us. It should be assumed that your delivery will be opened at customs.

Delivery and retention of title

Deliveries are shipped by international courier services. We will inform you about the expected delivery time.

The delivery times provided are intended as a point of reference. They are especially depending on the production time of our partner and therefore considered only agreed as being approximate. Disruptions that are not caused by us or any of the companies that we have contracted (such as logistics companies for performance of the contract) as well as force majeur may further delay the delivery. We will inform you of these methods of delivery disruptions as soon as we become aware of them.

All of our products are manufactured pursuant to your individual order for which reason we, unfortunately, cannot take back any of the articles ordered by you.

Damage during transport

If goods are delivered with obvious damages from transport, then we ask you to immediately file a complaint with the delivery agent and to contact us as soon as possible.

Disclaimer of warranties

The site, services and products are provided on an “as is” and “as available” basis without warranties of any kind, express, or implied. To the fullest extent permissible by law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non-infringement. You expressly understand and agree that use of the site and the service and products is at your sole risk. You understand that it is your sole responsibility to back up your content.

Limitation of liability

You expressly understand and agree that we shall not be liable for any indirect, incidential or consequential damages, including without limitation damages for loss of revenue, profits, use, or data, resulting from any use of the site and/or the services and products. Regardless of the form of action, in no event shall our aggregate liability arising out of or relating to the use of the site and/or the services and products.

Indemnity

By using the Services and Products, you agree to defend, indemnify and hold harmless DS2M GmbH and each of its successors, assigns, parents, subsidiaries, distributors, directors, officers, employees, agents, partners, from and against any costs, losses, judgments, awards, damages and expenses (including reasonable attorney's fees) (together, "Indemnification Costs") related to any action, suit, claim or proceeding made, brought or threatened by a third party against us arising out of or in connection with any content you upload, post, or otherwise transmit on or through the site, your conduct, your violation of the these terms or your violation of the rights of any third party. Indemnification Costs shall include any costs incurred in the enforcement of the foregoing.

User content guideline

You must honor the intellectual property rights of others. By using this site, you agree not to: upload, download, post, email or otherwise transmit any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you cannot use images of celebrities or corporate products, nor images, text, or design that you have copied from a website without written permission from the owner. You cannot create a “new” image using elements from images other people have created. In addition, you cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any content, you represent and warrant that you have the lawful right to reproduce and distribute such content and that the content complies with all applicable international, federal, state and local laws and regulations.

User content rights

You will retain ownership rights to any content you upload to the site. However, you hereby grant us a non-exclusive, royalty-free, perpetual, irrevocable right and license to use the provided content, as we deem necessary to enable you to use the services and products, purposes that include but are not limited to processing and fulfilling your orders.

We reserve the right to preserve and/or disclose any and all user content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal requirements, respond to any claims that user content violates the law or rights of third parties, or to protect the rights of DS2M GmbH, its users or the public.

Access to uploaded images

We are not an image storage and/or hosting service. You are solely responsible for ensuring that you have back-up copies of your uploaded images.

Use of email communication (tracking of clicked links)

In order to improve electronic communication, we can analyze usage patterns in terms of emails that we send out. We may log the links that are contained in the emails and that have been clicked; this information will be assigned to specific user profiles, in order to allow us to know the areas that would be most interesting to registered email recipients. We may use this information to personalize the content and the advertising campaigns that are displayed to websites visitors and email recipients.

We do not sell, trade, rent or release your personal information to third parties (name, email, address, mailing address, telephone number, etc.) without your consent.

We grant you the possibility of having your information removed from the mailing list at any time. To modify future notifications by email, each email newsletter contains a link that allows you to unsubscribe from the newsletter.

Confidentiality and data protection

The confidentiality and privacy policy for the use of this website is provided by this GTC. You hereby acknowledge that the use of this website allows us to use the personal information you provided in connection with our products and the purchase order processing. Except for reasons relating to the handling of payments and the fulfilment of the contract we do not provide this information to any third party. This Privacy Policy sets out the basis on which we use personal information. By using this website, you agree to this privacy policy. The General Terms and Conditions obligate you to comply with the relevant provisions of the privacy policy.

Final provisions

The contract language is English. For disagreements and disputes arising in connection with the DS2M GmbH online shop, Swiss law shall apply to the exclusion of all laws on the international purchase of movable good. The place of jurisdiction is Zurich (Switzerland).

If individual provisions are or become invalid, then the remaining provisions shall remain unaffected.