Cramer + Cramer Terms and conditions
Please take the time to read these terms and conditions as it is important for both of us that you understand our contractual relationship both relating to your use of our website and the services and/or products we provide you.
Terms & Conditions
The territory: worldwide.
These following definitions and rules of interpretation apply in these terms and conditions:
– “We”, “Us”: Cramer + Cramer Sarl and Philippe Cramer
– “You”: buyer of Products, customer, user of our Website and affiliated websites
– “Products”, “Product”: products shown and/or bought on our Website or on partner websites such as selling websites with which we are affiliated
– “Website”: www.philippecramer.com
Please take special note of these very important points:
– All designs of Products © Philippe Cramer. All designs of Products are the sole property of their author. These designs may not be used in any way without the prior consent of the author. All and any copies, adaptations or interpretations of these designs are subject to the same copyright laws.
– All sales are final.
– Products that are designated for shipment to countries outside of Switzerland may be subject to taxes, customs duties and fees levied by the destination country. The recipient of the shipment is the importer of record in the destination country and is responsible for all taxes, customs duties and fees levied by the destination country. By purchasing a Product, You accept to pay all taxes, duties and fees due to the importation of said Product, even if You are not the recipient of Product. You will not return bought Product or refuse delivery to avoid paying these taxes, duties and/or fees.
– All our Products have been designed as objects of art and are sold as such. All our Products are and should be considered as objects of art. Their function is secondary to their artistic characteristics. Therefore they should be used with extreme care and it should not be expected of them to perform their designated or perceived function as well as items designed to be efficient in priority to being an object of art, as for example industrially made objects. You are fully responsible for the use of said Products, in particular regarding your own or someone else’s safety, the fragility of said Products and the eventual lack of reasonable performance of Products. You are responsible for transmitting above mentioned precautionary points to any possible user of Products, including if Products are lend/sold/given to third party.
– Any Product using electricity, such as lamps, should be used with extreme precaution. If such a Product falls, breaks, touches water or any liquid, or in any way seems to be in such a state that it seems to be potentially harmful or dangerous, user should first turn off fuses or electrical current in area surrounding Product then pull electrical cord out of socket before touching Product. Children under the age of 18 should not be allowed to use Products using electricity.
These terms and conditions govern your use of our Website and of our Products. By using our Website, buying and/or using our Products, You accept these terms and conditions in full. If You disagree with these terms and conditions or any part of these terms and conditions, You must not use our Website or buy and/or use our Products.
Please read these terms and conditions carefully before placing any orders on our Website.
You must be at least 18 years of age to use our Website. By using our Website and by agreeing to these terms and conditions You warrant and represent that You are at least 18 years of age.
We may modify these terms and conditions from time to time. Please always read these terms and conditions before any use of our Website, even if You have read a previous version. If You do not agree to any change to these terms and conditions then you must immediately stop using our Website . Any changes to these terms and conditions made after You have placed an order will not affect that order unless We are required to make the change by law.
(2) Licence to use Website
Unless otherwise stated, We own the intellectual property rights in the Website and material on the Website. All these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this Website (including republication on another website);
(b) sell, rent or sub-license material from the Website;
(c) show any material from the Website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose;
(e) edit or otherwise modify any material on the Website; or
(f) redistribute material from this Website except for content specifically and expressly made available for redistribution (such as our newsletter).
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
(3) Acceptable use of Website
You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent.
You must not use our Website to transmit or send unsolicited commercial communications.
You must not use our Website for any purposes related to marketing without our express written consent.
(4) Eligibility to purchase
In order to make purchases on our Website You will be required to provide your personal details. In particular, You must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, You will be required to provide payment details that You represent and warrant are both valid and correct
All orders are final, no returns will be accepted and no refunds will be made, unless Product does not fit your order, is damaged or incorrectly supplied.
All orders are subject to acceptance and availability, and creations in your shopping basket are not reserved and may be purchased by other customers.
We offer Products for sale through our Website that are in stock and available for dispatch from our showroom. Occasionally however, We propose creations on a made to order basis. Consequently You may from time to time be given the possibility of making an advance payment for certain items in which case You are able to make an advance purchase. This will ensure that You receive this item in priority once creation has been produced by Us.
Customers making advance payments will receive items in priority to customers on the waiting list. Please be aware that delivery time for selected advance payment merchandise may be delayed. In these circumstances We will notify You by email of any delays in delivery.
We will store a record of your transactions for a minimum of one year.
All our Products are and should be considered as objects of art.
All our Products have been designed as objects of art and are sold as such. Their function is secondary to their artistic characteristics. Therefore they should be used with extreme care and it should not be expected of them to perform their designated or perceived function as well as items designed to be efficient in priority to being an object of art, as for example industrially made objects. You are fully responsible for the use of said Products, in particular regarding your own or someone else’s safety, the fragility of said Products and the eventual lack of reasonable performance of Products. You are responsible for transmitting above mentioned precautionary points to any possible user of Products, including if Products are lend/sold/given to third party.
We do not guarantee that the Products are suitable for the purpose intended by You, not even if We were informed of such purpose.
Any Product using electricity, like lamps, should be used with extreme precaution. If such a Product falls, breaks, touches water or any liquid, or in any way seems to be in such a state that it seems to be potentially harmful or dangerous, user should first turn off fuses or electrical current in area surrounding Product then pull electrical cord out of socket before touching Product.
Products using electricity are assembled with Swiss compatible electrical wiring and are designed to work with Swiss electrical norms. When purchasing a Product using electricity for use outside of Switzerland, You are fully responsible for making sure this Product is used and/or adapted correctly according to the country’s laws and electrical norms.
Children under the age of 18 should not be allowed to use Products using electricity.
You must not use our Products in any way that causes, or may cause, harm to yourself or a third party; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
Based on the foregoing, we refuse to accept any liability arising as a consequence of another use of the Products than as an object of art.
All items are sold “as is”. The delicate irregularities inherent to each object reflect our dedication to preserving techniques of traditional craftsmanship. Theses irregularities are part of our style and should be accepted by You. Small irregularities and differences in shape, color and surface texture between same Products cannot be considered a defect by You or a third party, and Products will not be returned or exchanged for these reasons.
Natural materials like glass, ceramics and wood are particularly prone to such characteristics when made in an artisanal way. Products made of or including wood can also have visible knots. Shrinkage and swelling may occur in wood when the moisture content is changed. Products made of solid wood can crack with time depending on the differences in humidity and/or temperature of the spot it is placed in.
Colors may fade when Product is placed in direct sunlight for a certain amount of time, regardless of the material it is made of.
Any product You purchase through our Website are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the Products are provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, We do not warrant that the Products will meet your requirements.
We do our best efforts to provide you with the best images and description of our Products but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
(7) Intellectual property rights of Products
Any and all rights of intellectual or industrial property to all products developed or delivered by Us, including drawings, pictures, designs, calculations, analyses, documentation, reports, offers, as well as preparatory material thereof, will exclusively be vested in Us. You only acquire the rights of use and the powers explicitly granted under these general terms or otherwise, and for the rest the You shall not reproduce the Products, make copies thereof, show them and/or make them available to third parties or use them in another manner. By agreeing to these terms and conditions, You acknowledge these rights.
The delivery of our Products does not include transfer of intellectual property rights.
You shall refrain from multiplying or copying the Products, nor shall You show them or make them available to third parties and/or use them in any other manner.
The Products are exclusively intended for private use. Unless there is a written and signed agreement, You are not entitled to sell or alter the Products, to give it another function or use it for other purposes than for the ones intended by Us.
(8) Pricing policy
Prices shown on our Website are in CHF (Swiss Francs).
For deliveries in Switzerland: Swiss VAT, handling and shipping in Switzerland are included in the price.
For deliveries outside Switzerland: an 8% handling fee is included in the mentioned price.
The price of a Product displayed on our Website at the time the order is accepted will be honored, except in cases of patent error.
Product prices are subject to change without prior notice.
If You are a customer whose credit/debit card is not denominated in Swiss Francs, the final price will be calculated in accordance with the applicable exchange rate and fees practiced by your card issuer on the day your card issuer processes the transaction.
(9) Acceptance of your order
Once You have made your choice and your order has been placed, You will receive an email acknowledging the details of your order. This email is an acceptance of your order. It will be followed by an email stating the estimated date of dispatch of your purchase(s).
The sale contract is concluded in Geneva, Switzerland and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that We are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or is withdrawn, or that You do not meet the eligibility criteria set out within our terms and conditions.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to You or any third party by reason of our withdrawing any merchandise from our Website – whether or not that merchandise has been sold, removing, screening or editing any materials or content on our Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payments are made in kind at our gallery in Geneva or with a credit or debit card that is accepted by our credit and debit card partner or through our Paypal account, (thus even if You use your credit/debit card). Please refer to Paypal’s terms and conditions for more detailed information.
(11) Restricted access
Access to certain areas of our Website is restricted. We reserve the right to restrict access to other areas of our Website, or indeed our whole Website, at our discretion.
If We provide You with a user ID and password to enable You to access restricted areas of our Website or other content or services, You must ensure that that user ID and password is kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
(12) User generated content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that You submit to our Website, for whatever purpose.
You grant to Us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against You or Us or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our Website, or stored on our servers, or hosted or published upon our Website.
Notwithstanding our rights under these terms and conditions in relation to user content, We do not undertake to monitor the submission of such content to, or the publication of such content on, our Website.
(13) Limited warranties
We do not warrant the completeness or accuracy of the information published on this Website; nor do We commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.
To the maximum extent permitted by applicable law We exclude all representations, warranties and conditions relating to this Website and the use of this Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(14) Limitations and exclusions of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that our Website and the information and services on our Website are provided free-of-charge, We will not be liable for any loss or damage of any nature.
We will not be liable to You in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to You in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to You in respect of any loss or corruption of any data, database or software.
We will not be liable to You in respect of any special, indirect or consequential loss or damage.
You hereby indemnify Us and undertake to keep Us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by Us arising out of any breach by You of any provision of these terms and conditions, or arising out of any claim that You have breached any provision of these terms and conditions.
You shall indemnify Us against any third party claims that are in any way connected with (the use of) our Products, unless such claims would be the consequence of intent or gross negligence on our part.
You understand and agree that You and Us are each waiving the right to trial by jury or to participate in a class action.
(16) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if You breach these terms and conditions in any way, We may take such action as We deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting You from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against You.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying You or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(19) Exclusion of third party rights
These terms and conditions are for the benefit of You and Us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(20) Entire agreement
These terms and conditions constitute the entire agreement between You and Us in relation to your use of our Website, and supersede all previous agreements in respect of your use of this Website and/or our Products.
(21) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Swiss law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland.
(22) Our details
The full name of our company is Cramer + Cramer Sàrl and represents Philippe Cramer and it’s affiliates (www.philippecramer.com).
We are registered in Switzerland.
Our registered address is 8 rue de la Muse, CH – 1205 Geneva.
You can contact Us by email : firstname.lastname@example.org
(23) International shipping - Terms & conditions
Customers purchasing from outside Switzerland: an 8% handling fee is included in the mentioned price. Products that are designated for shipment to countries outside of Switzerland may be subject to taxes, customs duties and fees levied by the destination country. Taxes, duties and fees of the country of delivery will be charged by the shipping company directly to the recipient of the shipment. The recipient of the shipment is the importer of record in the destination country and is responsible for all the taxes, customs duties and fees. The recipient will not return Product or refuse delivery to avoid paying these taxes, duties and/or fees.
In the case of gifts or other purchases made on behalf of another recipient, You also agree to grant the foregoing authorizations on behalf of the recipient designated in your order.
To obtain details regarding the taxes, customs duties and fees due for a shipment, or to obtain documentation or receipts in connection with customs clearance, You may contact the Carrier specified in your shipment confirmation e-mail.
If You refuse a shipment from Us, You are responsible for the original shipping charges, any taxes, duties and fees that are incurred on the package, and the cost of returning the package to Us. This amount will be deducted from your merchandise refund. Please email your shipping and handling questions or comments to email@example.com or call Customer Service at +41 22 321 48 12.
All items shipped by Us will be covered by our insurance until the recipient has signed off for the package.
All packages are to be opened before signature in order to check that items are not damaged.
If the delivered items do not fit your order, are damaged or incorrectly supplied, please contact Us as soon as possible to arrange a refund or replacement at our discretion. If they are received damaged, a written report must be established at time of delivery and be countersigned by the delivery person and the recipient. We must be notified of damages within 24 hours of delivery. We will ask You to send Us a photo of the damage for our records and to assist Us in taking appropriate action. We will require You to return the items with care, as it might be necessary to return them to the manufacturer. Please include your customer order details with the package, as these are necessary for processing a return. Once received, the items will be checked and We will contact You to advise You of the possible replacement or refund.