LEGAL NOTICES – THINK UTOPIA
THINK UTOPIA SARL,
acting under the registered brand name THINK UTOPIA
Quai du Cheval-Blanc 21
1227 les Acacias, Geneva
e-mail : firstname.lastname@example.org
© COPYRIGHT 2020 | ALL RIGHTS RESERVED
IMAGES MAY NOT BE USED WITHOUT WRITTEN PERMISSION
GENERAL CONDITIONS OF USE – THINK UTOPIA
Welcome to www.think-utopia.ch
Perceiving the image as a crafter of dreams is our philosophy. That said, given that our offers also concern business, we are unable to avoid providing a standard contractual basis for these transactions. This is the purpose of the following rules that we have agreed between you and us (we are THINK UTOPIA SARL Quai du Cheval-Blanc 21, les Acacias, Geneva, Switzerland, e-mail: email@example.com). Our General Conditions of Use and of Sale are intended to govern the business relationship between you and us in a binding and impartial manner.
Therefore, the basis for any order or agreement will always be the following General Conditions of THINK UTOPIA SARL, which you acknowledge and confirm by placing an order with us. You can consult the General Conditions here and print them if necessary.
For business relationships between THINK UTOPIA SARL, acting here under the registered brand name THINK UTOPIA (hereinafter THINK UTOPIA) and the buyer, only the following General Conditions, in their version valid at the time of order, shall apply. THINK UTOPIA does not recognise the buyer’s different Conditions, unless their validity is expressly agreed in writing by THINK UTOPIA.
We would also like to point out the following in advance: papers, dyes and other materials used as primary materials, may undergo slight alteration over time, in some cases even from one production batch to the next. These changes take place particularly over time due to high temperatures, high levels of humidity or important fluctuations and to the sun’s rays. In order to fully benefit from our work over the long-term, the photographs, laminated items and frames should not be displayed, in whole or in part, in direct sunlight, or suspended directly above heating apparatuses and not be exposed to ambient levels of humidity higher than that of regular living spaces. The photographs, laminated items and frames are therefore not suitable for outdoor spaces, basements, bathrooms or kitchens. The laminated items with a protective UV film or acrylic glass and the wooden frames are very sensitive to scratches and marks and should therefore only be handled with gloves or similar protection.
The present General Conditions of Use (“GCU”) constitute a contract between you and THINK UTOPIA SARL, Quai du Cheval-Blanc 21, les Acacias, Geneva, Switzerland (the “Operator”). The present GCU govern your use of the website www.think-utopia.ch and any other associated website, applications and tools (collectively: “Site”). The Site is operated by the Operator.
1. Acceptance of the Conditions of Use
1.1 By visiting and using our Site, regardless of whether or not you become a User, you acknowledge and accept being bound by the GCU herein, that you declare having read and understood.
1.2 The Operator reserves the right, at its absolute discretion, to alter or change the GCU herein at any time, provided that it informs you of these changes and the new version of the GCU. The act of continuing to use the Site following such a change implies that you accept these modifications and the new version of the GCU.
In the present GCU, the following terms, unless otherwise indicated, bear the following meaning:
Item : any product or service purchased by the User via the Site.
Account : a User profile created by a User at the time of purchasing an Item via the Site.
User : any individual, company or entity having created an Account on the Site, accepted by the Operator.
Visitor : any individual who visits the Site without creating an Account.
3. Account, password and security
All Visitors and/or Users undertake not to breach any legal standard and to comply with all regulations and laws in effect; not to make slanderous statements or personal attacks; not to provide any false, incomplete or inexact information; not to introduce any virus, Trojan horse, worm, time bomb or any other software designed to damage, cause harmful effect to, intercept or counter any system, data or personal information; not to use the Site to send undesired e-mails; not to extract from the Site, without permission, any information, content or featured images.
4. Online purchases
5.1 The Site allows Users to inform themselves and purchase Items online. A price displayed in relation to each Item represents an offer. The price of each Item is the gross fixed price, excluding VAT, unless otherwise expressly mentioned. The Operator is not bound by a price wrongfully displayed on the Site.
5.2 Items are proposed as they are via illustrations available on the Site, which cannot be used, reproduced, distributed, transmitted, diffused, represented, sold, transferred or deployed in any other way or for any other use than that of their consultation via the Site. For this sole and unique purpose, the Operator authorises you, under limited, revocable and non-exclusive terms, access to and use of the Site for private usage, in accordance with the GCU herein. Should you wish to reproduce or copy any of the illustrations of Items featured on the Site for another purpose, please contact us by e-mail at the following address : firstname.lastname@example.org
5.3 The User accepts to communicate their bank details (name, address, account holder, bank/credit card number, expiry date, etc.) either to the Operator directly, or to the Operator’s third-party payment management system, or [PayPal, etc.]. The User ensures that they are authorised to use the name, the bank details of the bank/credit card and/or the account used to place the order. The Operator will not be liable for the consequences of fraudulent or unauthorised use or usurpation of the bank/credit card or the password of the account used to place the order.
5.4 Once the amount equivalent to the purchase price has been debited from the User’s account, the Operator will ship the Item, purpose of the contract, by post/parcel to the User.
6.1 In the event that you wish to establish a link to the Site, you expressly undertake to: (I) not make the Site appear within another website; (II) not create any association between the Site and a third-party or any other website; (III) properly attribute to the Operator the Site to which the link refers; and (IV) ensure that the link does not give the impression, implicitly or explicitly, that the Operator approves, supports or performs the activity of any other website, company or entity and that the Operator and/or its activities are not presented in a false, misleading, slanderous or detrimental manner or in any other manner likely to harm the Operator’s reputation or to take advantage of it.
6.2 The Link to the Site does not authorise you to use any content, name, logo, nor image or brand of the Operator or of third parties without prior, specific written authorisation from the rightful owners.
6.3 the Operator reserves the right to request that you remove any link to the Site, without having to justify its decision.
6. Intellectual property
7.1 All the Works and Items posted online to the Site – and the illustrations of them – are protected by Swiss legislation relative to intellectual property, and particularly by copyright concerning the photographs posted online to the Site and, where relevant, the design patents or trademark rights where Items are involved. The intellectual property rights concerned are the exclusive property of the Operator.
7.2 The Operator guarantees that it owns, or has obtained a licence for, the entirety of the copyrights relative to Items and/or, where relevant, the photographs reproduced on the Items.
7.3 The present GCU do not grant you any right, title or interest in regard to the Items, images and other elements of identity belonging to the Operator.
7.4 You undertake not to reproduce, hack, download, copy, make available, diffuse or use in any way whatsoever the Items, the images or the contents of the Site. Albeit you become the holder of an Item, the intellectual property rights relative to that Item remain the exclusive property of the Operator.
7. Changes to the service
The Operator reserves the right, at any time, to alter or temporarily or definitively interrupt the Site (or any part of it, including certain Items), with or without notice. You agree that the Operator will neither be liable to you nor to any third-party, for any alteration, interruption or discontinuation of the Site. Any Item may become out of date at any time or no-longer be available and the Operator is in no way bound to update or to make newly available the Items featured on the Site.
8. Confidentiality policy
By using the Site, you, or any individual authorised by you to access and use your Account, will provide the Operator with some personal data, including registration data and other details concerning you (Site time of visit, browser used, Items consulted, etc.). By communicating your personal data on the Site, you accept the use of this data by the Operator, pursuant to the confidentiality policy available under the specific paragraph “Confidentiality policy – THINK UTOPIA” on this same page.
10.1 The Operator can, at its sole discretion and without any liability towards you, with or without justification or prior notice, at any time, delete your access to all or part of the Site, and disable or delete any of your Accounts, as well as all the information related to said Account(s). The Operator may at any time, at its sole discretion, edit, modify, remove or delete any Item that it has posted online or content that you have posted online on the Site and terminate your access to the Site.
10.2 You accept that the Operator may, at its sole discretion, cancel your password, your Account (or any part of it) or your use of the Site and remove and delete any Item or content from the Site for any reason whatsoever, and particularly, among other reasons, for lack of use or if you are suspected of having violated any of the provisions herein. The Operator may also, at its sole discretion and at any time, cease to provide all or part of the Site, with or without prior notice. You acknowledge that any cancellation of your access to the Site in virtue of any of the provisions herein may be carried out without prior notice and you recognise and acknowledge that the Operator may immediately disable or empty your Account as well as any associated information and/or prohibit any subsequent access to these files or to the Site. In addition, you acknowledge that the Operator will not be liable in any way whatsoever, towards you or a third-party, for any cancellation of your access to the Site.
10.3 You agree to destroy all content and any copy of the Site or of a part of it, diffused on your website or in your possession, as rapidly as possible, following reception of a request to this effect from the Operator.
11.1 You access and use the Site exclusively at your own risk. The Site and its content are provided as they stand and according to availability. The Operator expressly refuses, and you renounce, all guarantees of any kind, whether they be explicit or implicit, including, among others, any implicit guarantee of aptitude to fulfil a specific purpose, of availability, of marketable quality and of non-violation of the Site and/or its content and/or Items to found therein.
11.2 You understand and accept that the Operator will under no circumstances be held responsible for any illicit behaviour from Visitors and/or Users having run of, or via, the Site.
11.3 The Operator gives no guarantee nor makes any statement according to which (i) the Site and its content will meet your needs, (ii) the Site will be available, uninterrupted, punctual, secure or without error, (iii) the results obtained from use of the Site will be correct or reliable, (iv) all errors will be corrected, (v) the Items will be free from defects.
11.4 Any document downloaded or obtained through use of the Site is done so at your own discretion and risk and you will be solely responsible for any harm caused to your computer system or for any loss of data that may result from the downloading of such documents. Any Item purchased via the Site is done so at your own discretion and risk, without the Operator being held responsible for any damages that may result thereof.
11.5 No information, whether it be verbal or written, obtained by you from the Operator or via the Site or on the Site will constitute a guarantee or any other obligation not expressly indicated in the present GCU and the Operator refuses all responsibility arising from any trust placed in these factors by the Visitor or User of the Site or by anyone who may be informed of any part of its content.
You undertake to compensate the Operator, its partners and employees and to exonerate them from any liability, loss, damages, claim, penalty, fine, fees and expenses, including and without restriction, solicitor’s and legal fees, that may arise regarding: (i) your use of and access to the Site, including, without restriction, all content, as well as your connection to the Site; (ii) your non-compliance with any of the provisions laid out herein; (iii) bank details or out of date or stolen bank/credit card details, or (iv) any allegation from a third-party whereby content that you have put on the Site, or any other use of the Site by you, breaches any intellectual property right, identity right or right to privacy of the aforementioned third-party or has caused in any other way damages to another.
12. Limitation of liability
13.1 You acknowledge and expressly accept that the Operator is not responsible for any damage, direct or indirect, leading in particular to the loss of data, financial loss, theft of payment details of identity theft or any other losses or damages for the User resulting from: (I) the use of the Site or the impossibility of using it; (ii) the purchase of Items via the Site or from the Site; (iii) the use of your bank/credit card or your bank details; (iv) the cost of purchasing the goods and replacement services of Items bought or obtained via the Site or from the Site; (v) the unauthorised access of your transferred data or of its alteration; (vi) statements or behaviour of any third-party on the Site; (vii) the Site’s results, those of any related website or any documents distributed via the latter, or (viii) any other action or omission relative to the Site.
13.2 You acknowledge that subject to imperative legal provisions, any action, allegation or claim resulting from, or related to, use of the Site must be filed within six (6) months of the occurrence leading to this action, allegation or claim. Any warranty action due to defective Items must be opened within two (2) years following delivery of said Items (one (1) year if the Items are second-hand), otherwise the right to claim will be lost.
13. Exclusions and restrictions
14.1 Certain jurisdictions do not allow the exclusion of some guarantees or the restriction or exclusion of liability for direct damages, for deceit or gross negligence. Consequently, certain restrictions mentioned herein may not apply to you for such damages.
14.2 No provision of the GCU affects the rights provided for by law of any consumer and does not exclude nor limit any responsibility for the death or physical harm resulting from gross negligence or deceit of the Operator, nor any other responsibility that cannot be excluded or limited in virtue of applicable law in your country.
15.1 Notices for your attention are sent by e-mail to the address provided upon registration.
15.2 Should we decide to make any changes of any kind to the present GCU, you will be so informed by the Operator, either by e-mail or by notification via your Account.
15. General information
16.1 The present GCU constitute the entirety of the contract between you and the Operator with regards to their purpose; they replace and cancel any previous agreements, arrangements and commitments of any nature between you and the Operator, whether verbal or written, with regards to this purpose.
16.2 Should the Operator not exercise nor apply any right or provision herein, it will not constitute a waiver of that right or the provision in question.
16.3 Should a provision of the present GCU be deemed null and/or void, the parties agree that their intentions, as expressed through that provision, will be carried out to the best of their ability and that the other provisions herein will remain in full effect. The titles of the articles herein are intended to facilitate the consultation and carry no legal or contractual weight.
16.4 You may not sell or transfer any of your rights or obligations, nor subcontract the execution of any of your obligations under the present GCU. The Operator may sell or transfer any right or obligation, or subcontract the execution of any of its obligations under the present GCU to any third-party and at any time, without your consent (this consent being implicit of the present GCU).
16.5 The present GCU and the relationship between yourself and the Operator shall be governed by Swiss law. Any dispute relating to the present GCU must be settled amicably before being submitted to the courts in Geneva, Switzerland (exclusive conventional jurisdiction).
Please report any violation of the present GCU to the Operator by e-mail at the following address: email@example.com
General Conditions of Sale – THINK UTOPIA
2. Placing an order
The presentation of works in the online boutique does not constitute a legally binding offer, but a non-binding invitation to submit an offer. After validating your order, you will receive order confirmation and the contract by e-mail, in which your order details will be once again listed.
3. Production and delivery times
3.1 The production and shipping times for a standard delivery in Switzerland are approximately 14 working days from the date of order. This period may be extended in the event of a shortage of the components of the works at our printers and framers, but also in the event of unforeseen delivery services. In the event of delay in shipment, an email will be sent to you to inform you of a possible consequence on the delivery time which has been indicated to you.
3.2 Wherever possible, the entire order is delivered in a single shipment. We are authorised in carrying out partial deliveries, should it be deemed reasonable that you to accept this procedure. Should we carry out your order through partial deliveries, you will only pay the shipping costs for the first delivery.
3.3 What must be taken into consideration for deliveries abroad?
Please note that express delivery abroad is not possible. The production and shipping times for a standard delivery abroad are approximately 14 working days from the date of order. This period may be extended in the event of a shortage of the components of the works at our printers and framers, but also in the event of unforeseen delivery services. In the event of delay in shipment, an email will be sent to you to inform you of a possible consequence on the delivery time which has been indicated to you.
Should taxes, duties or fees become due for shipping to countries outside Switzerland (except France), they will be at your expense.
4. shipping costs
Shipping costs within Europe are free. For the rest of the world, shipping costs will be added at the time of payment. The amount of these shipping costs depends on the size and weight of the work.
5.1 THINK UTOPIA SARL reserves the right to modify its prices at any time.
5.2 Payment methods :
Several payment methods are available: bank/credit card / PayPal
5.3 Settlement :
The purchase price and the shipping costs, when paying by bank/credit card or PayPal, must be settled in advance.
5.4 PayPal :
In the event of payment using PayPal, you will be automatically redirected to the PayPal payment service once you have finished the order process. Expiry of payment is therefore dependent on settlement by PayPal.
Your payment method will appear on your invoice.
6. Use of the work
6.1 Please note that by purchasing THINK UTOPIA works, you acquire only the material property of that work. No other right of use is accorded. Any reproduction (copy), distribution, rental, availability to the public or other analogue or digital use is unauthorised.
6.2 The reselling of THINK UTOPIA works by a professional will be subject to an agreement between THINK UTOPIA SARL and the reseller.
7. The guarantees
7.1 Legal rights of guarantee apply, unless expressly agreed otherwise below, the term of limitation is five years.
7.2 The papers, dyes, chemical substances and other materials used as primary materials and our production procedures may, as with other dyes, undergo slight alteration over time, in some cases even from one production batch to the next. With the use of such products and the variations usual to the sector, there is no obligation of compensation. These changes take place particularly over time due to high temperatures, high levels of humidity or important fluctuations and to the sun’s rays.
7.3 The works are all handcrafted, which makes them unique. We therefore draw your attention to the fact that, like any craft object, they may differ slightly.
8.1 You must check work immediately upon delivery pursuant to the normal course of business and, if necessary, notify us of any anomaly immediately in writing, and at the very latest within a week. Please note: as soon as you take physical possession of the works, the risk of damage to the works is transferred to you.
8.2 The time of delivery and the date of reception of the claim are decisive for the calculation of the period.
8.3 In the event of a claim, all order documentation must be made available to us. Failing this, the analysis and immediate handling of the claim cannot be guaranteed.
8.4 Defects to a part of the goods delivered does not give you the right to contest the totality of the delivery, unless partial delivery presents no legitimate interest for you.
THINK UTOPIA SARL is not liable, within the legal framework, except in the event of deliberate intent or gross negligence as well as for personal injury. The liability of ancillary services is expressly excluded wherever the law so allows.
10. Personal data
You will find all the information relative to this topic in our statement of confidentiality policy – THINK UTOPIA
11. Enforcement period for the GCS
The present GCS apply exclusively in the version in effect at the time of order. We do not recognise any divergent conditions that you may have, unless we have expressly agreed their validity in writing.
12. Law and competent courts applicable to this agreement
12.1 The present GCS are subject to Swiss substantive law, with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.2 For any disputes resulting from, or in relation to, the present GCS and its ensuing agreements, Geneva is the competent jurisdiction.
13. Validity period for the present GCS
The GCS are valid for the period covering full completion of the contract between you and THINK UTOPIA. They are also valid for future transactions and other business operations, even without requiring for this purpose renewed confirmation if necessary, until the modification on your part or a cancellation of contractual relations by the deletion of all user data.
14. Changes to the present GCS
We reserve the right to change the GCS at any time and without giving any reason. We will expressly notify you of any change in the GCS via our Site. In the event of change to the GCS, renewed agreement on your part will be required.
CONFIDENTIALITY POLICY – THINK UTOPIA
Welcome to www.think-utopia.ch
The security and protection of your personal data (“Personal Data”) are priorities for us at think-utopia.ch (“Site”), managed by THINK UTOPIA SARL, Quai du Cheval-Blanc 21, les Acacias, Geneva, Switzerland, firstname.lastname@example.org (the “Operator”; file owner). For this reason we undertake to store your Personal Data in Switzerland and to handle your Personal Data by taking all the necessary precautions.
1. Personal data
Pursuant to federal law on data protection (RS 235.1), Personal Data is all the information relating to an identified or identifiable individual. It includes the following details:
title / surname – first name / address / delivery address / e-mail / telephone / order history / IP address / from which website / date and time of visit / URL visited / browser and operating system
When you use the Site, Personal Data like that listed above may be collected and handled by the Operator. You give your consent in order that the Operator may collect and handle your Personal Data in accordance with the present confidentiality policy. The Operator undertakes not to cross-reference your data for the purpose of creating personality profiles. You acknowledge that the Operator may communicate statistics emerging from your Personal Data to third-parties.
Your Personal Data will be used for the following purposes:
to manage your Account ; to communicate with you ; to inform you of the posting of an Item, an offer or an event likely to interest you ; to apply our General Conditions ; or any other operation described at the time of registration.
Your Personal Data can also be used to improve our Services and establish statistics. By registering on the Site, you expressly acknowledge that the Company and the ancillary individuals to whom we outsource, handle your Personal Data in accordance with the aforementioned goals of data collection.
3. Browser data and third-party services
By using the Site, you acknowledge that we collect, handle and use, by electronic means, your browsing data related to the use of the Site, in an anonymous manner. We also use third-party services to analyse the browsing behaviour of our Users. We only work with third-parties who have undertaken not to cross-reference anonymous data collected with other data that may have been collected on you upon visits to other websites. By using the Site, you acknowledge that these third parties handle some of your browsing data when you visit our Site.
4. Prior consent or court injunction
Your Data that is entrusted to the Operator will not be transferred to a third-party without your prior consent or on the basis of a court injunction. The Operator may be bound, in relation to investigative or administrative proceedings or due to suspicion of an offence or breaking of the law, to communicate your Personal Data upon request (for example a request for information) from a court of judiciary body. In such an event, the Operator undertakes to inform you of it beforehand.
5. Use in other countries
Your Personal Data is hosted and handled in Switzerland, or in a country having a similar or comparable degree of protection as Switzerland, but can also be consulted in other countries (it being hereby specified that some of these locations may potentially include countries that do not necessarily guarantee the same degree of personal data protection as the country from which you provided the data). In the event of the transfer of data hosting to another country with a lesser degree of data protection, you will be informed thereof and your prior and explicit consent will be required. Any transfer of Personal Data in the event of company transfer is explicitly reserved.
6. Bank and bank/credit card details
We do not record your bank details or your bank/credit card details. External service providers carry out payments requested by bank/credit card. You accept that the Operator has payments handled by external service providers such as Paypaland communicates your Personal Data to them for the purposes of carrying out the transaction. For all bank/credit card payments, the Operator uses the secure payment system Paypal; this involves secure payment via SSL. This payment protocol is standard and recognised throughout the world for the protection of data transferred over the internet. It is available on almost all browsers (Safari, Chrome, Firefox, Mozzila, Internet Explorer). Personal Data that you provide in relation to the bank/credit card (number, expiry date, etc.) is encrypted before being sent from your workstation to the e-payment transactions server. You explicitly accept to be subject to the General Conditions of the external service provider operating the payment. You carry out the transaction using a bank/credit card at your own risk. The Operator will not be held responsible for the period of bank authorisation on your bank/credit card or your PayPal account or for any damages that may occur in relation to the transaction carried out via the Site.
7. Communication with Users
By becoming a User, you accept that we handle and use your Data for the purposes of communication with you, in particular via e-mail and/or newsletters carrying general information. You can, where necessary, unsubscribe from the newsletter at any time.
The Site may contain links that direct you to another website. The Operator refuses all responsibility in relation to confidentiality policies in effect on other websites, the collection and use of your data that may be carried out there and for the contents of these websites (whether the links are hypertext links or deep-links).
9. Data security
In terms of security and organisation, we use adequate security measures in order to protect your Personal Data against manipulation, against partial or complete loss and against theft and unauthorised access of a third-party to your Personal Data. Our security measures are continually improved depending on technological developments, whether from an organisational or technical point of view. We cannot however guarantee absolute security. In the event of loss or theft of data, we undertake to report this to you as quickly as is technically possible. The Operator has a very strict position on data protection within its internal framework. Our employees and the service companies that we mandate are bound to secrecy by us and must comply with provisions concerning the right to data protection. That being said, the Operator declines all responsibility for the loss or theft of Personal Data occurring despite adequate technical and organisational measures for its security having been taken. Notwithstanding gross negligence or deceit on the part of the Operator (with the exception of its auxiliaries or employees), the Operator cannot be held responsible for loss of data or the harm suffered due to said loss of data.
10. Right of access
You have the right to know what Personal Data we collect. Should you so wish, please contact us at the following address: email@example.com. We may require you to provide proof of identity. You may also request the correction of inaccurate Personal Data. All Personal Data recorded is that which features in your Account. In this way, Users may at all times examine, correct, update or change their Personal Data directly by connecting to their Account. When you delete your Account, your Personal Data will be conserved for a six-(6)-month period in order to comply with legal imperatives.
11. Changes to the confidentiality policy
This confidentiality policy may occasionally be altered. Should we alter the Site’s confidentiality policy in any way whatsoever, you will be informed by e-mail and/or by notice of modifications carried out. Should you continue to use the Site following these changes, you implicitly accept these modifications and the handling of your Personal Data that may ensue. Users will also be informed by e-mail or notification of any changes to our confidentiality policy.
12. Jurisdiction and applicable law
The present confidentiality policy and any issues resulting from it or related to it will be governed by Swiss substantive law. Any dispute relating to the present confidentiality policy must be settled amicably before being submitted to the courts in Geneva, subject to appeal at the Swiss federal court (exclusive conventional jurisdiction). Should you have any questions with regard to the present confidentiality policy, you can send them by e-mail to the following address: firstname.lastname@example.org