Hereinafter referred to as GTC.
1. General information
For the business relations between the ArtWork Store owners indicated in the imprint
Falko Burghausen
Marina Kraus
Chemin de la Plâtrière 3
1981 Vex
hereinafter referred to as beAnywhere – and you as the customer, the following General Terms and Conditions (GTC) apply exclusively in the version available on the website at the time of the order.
2. Contract content
As the purchaser, you place an order with us from beAnywhere for the delivery of murals. The rights to the original work remain completely with beAnywhere. The contract is concluded when your placed order is accepted by beAnywhere by a separate email or by sending the goods. The information on the website is only an invitation for you as the customer to submit an offer. beAnywhere is entitled to correct incorrectly stated prices on the website. If a correction leads to a price increase, you as the purchaser may withdraw from your submitted offer.
3. Prices
All prices are in CHF (Swiss Francs) and no VAT will be charged. Shipping costs are shown separately. For shipping to countries outside the European Union, additional customs fees may apply. These are not included in the price and have to be paid by you as the customer.
4. Right of withdrawal, right of return
For orders, the right of withdrawal and return is excluded, because the murals are made according to the specifications of the customer and tailored to his personal needs. For this reason, all murals produced by beAnywhere are excluded from the right of return.
5. Liability
beAnywhere shall be liable for damages in accordance with the following provision:
(1) beAnywhere is liable for damages caused by ourselves or by one of our partners or legal representatives intentionally or by gross negligence.
(2) The same applies to damages based on the absence of a guaranteed quality.
(3) In the event of a breach of cardinal contractual obligations, beAnywhere’s liability shall be limited to the amount of the foreseeable damage typical for this type of contract, unless unlimited liability already exists in accordance with paragraphs 2 to 4. Cardinal obligations are such obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner may regularly rely.
(4) Any liability beyond this is excluded, in particular also liability without fault.
6. Warranty for defects
Once you receive the goods, it is your duty to immediately check them for completeness and defects. If you discover any defects, they must be reported to us within 24 hours after delivery. Later complaints because of incomplete or insufficient delivery or performance we can not consider.
If the goods are defective, you have the option of subsequent performance in the form of rectification of defects or delivery of a new defect-free item. beAnywhere decides at its own discretion whether to rectify the defect or to deliver a new item.
The withdrawal from the contract as well as a reduction of the purchase price is generally excluded.
The designations and specifications determined upon conclusion of the contract correspond to the technical status at that time. Minor technical deviations, especially in the trimming of the picture and the colorfulness of the printout, of the delivered wall pictures from the advertised pictures are permissible and do not constitute defects, as long as they are within the customary range and the contractual purpose is not significantly restricted. Images that are cropped may deviate slightly, but not significantly, from the specified sizes within the customary scope. Minor, customary, color differences in the printout may occur if the purchaser’s monitor has different color settings (especially with regard to color fastness). Black and white printouts may contain a slight, customary color cast due to color printing. Complaints, credit notes, as well as replacement prints in this regard are excluded, unless the deviations are outside the customary range.
beAnywhere assumes no guarantee of quality or durability.
7. Delivery, delivery times
beAnywhere delivers according to customary terms and conditions. Transport route and means of transport are determined by beAnywhere or our partners, unless expressly agreed otherwise. beAnywhere is entitled to make partial deliveries.
In the case of large products, delivery shall be made “free curbside”, i.e. to the nearest public curbside to the delivery address, unless otherwise agreed.
The costs will be calculated according to the prices on the store page. Any delay in delivery does not entitle you as the customer to claim damages, unless otherwise provided in paragraph 5 of these Terms and Conditions. Delays in delivery do not entitle the customer to refuse acceptance. Non-arriving deliveries are to be reported within 14 working days after the order. If you, as the customer, fail to notify beA, the goods shall be deemed to have been successfully delivered.
In case of delivery disruptions which are not caused by beAnywhere and which cannot be influenced by beAnywhere, beAnywhere reserves the right to withdraw from the contract if the reason of the delivery disruption is not temporary, without being liable for damages. This applies especially in case of force majeure. For the period of the impediment beAnywhere shall not be in default of delivery. Already paid services will be refunded to you as the purchaser in case of a withdrawal.
8. Payment, set-off, retention of title
Orders are to be paid by the customer in advance. Payments shall be deemed made on the day they are received by beAnywhere. If you as the purchaser are in default of payment by receiving a reminder after the due date, beAnywhere is entitled to charge default interest at the statutory rate. In case of default, reminder fees will be agreed upon: CHF 10 is due for the first reminder, a second reminder is charged at CHF 20. This does not affect beAnywhere’s right to claim any additional damage caused by default.
The following payment options are available at beAnywhere:
PayPal
At beAnywhere you can pay with PayPal. Choose PayPal as your payment method and you will be automatically redirected to the PayPal page. There you can log in if you already have an account or create a new one. Your payment will be encrypted and sent to beAnywhere within a few minutes and your order will be released.
Credit card
Credit card payments are processed via the payment provider Stripe. The payment is made over an encrypted connection via an embedded widget from Stripe, which is integrated into our store.
Apple Pay
During the order process, you will be redirected to the website of the online provider Apple. There you can enter your payment details and confirm the payment instruction to Apple. After placing the order in the store, we will ask Apple to initiate the payment transaction and thereby accept your offer.
Google Pay
In the order process, you will be redirected to the Google Pay website where you can enter your payment details and confirm the payment instruction to Google.
Until full payment, the products remain the property of beAnywhere.
9. Data protection, data backup
With regard to data protection, beAnywhere’s privacy information applies.
10. Copyright
The information and content published on beAnywhere’s website – in particular photographic and video material – are protected by copyright and are the property of beAnywhere. Reproduction, editing, distribution or any other form of exploitation are not permitted and must be approved in advance in writing by beAnywhere. beAnywhere expressly reserves all rights in this regard.
11. Place of jurisdiction, applicable law
In the event of legal disputes in connection with this business relationship, Swiss law shall apply exclusively. Mandatory provisions of the country in which you as the customer have your habitual residence remain unaffected. All changes and amendments concerning these GTC must be made in writing. beAnywhere reserves the right to change or amend these GTC at any time.
The exclusive place of jurisdiction for all disputes is agreed to be the registered office of beAnywhere.
12. Salvatory clause
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of all other provisions of this contract shall remain unaffected.
Version 1.0 – Valid from 10 May 2022
All previous GTC shall lose their validity.