Terms and Conditions of Sales

Note: This version 2 is applicable since 20/12/2021. This version 2 was approved by the Board of Directors on 15/09/2021. It was approved by the General Assembly on 19/12/2021. Previous version.

Climanosco’s Online Shop is operated by Climanosco and is available on the Internet at the address: shop.climanosco.org.

Climanosco is a non-profit association registered at the Commercial Registry Office of Zurich, Switzerland, on 11 August 2015 (Registration ID: CHE-415.265.288). Details on the association including its goals and its Statutes can be found at the address: www.climanosco.org/about. Climanosco finances itself through donations, membership fees and sales of items. All donations, membership fees and benefits made from sales will be exclusively and solely used by Climanosco’s association to pursue its goals according to its Statutes.

About these Terms

  1. These “Terms and Conditions of Sales”, named “Terms of Sales” hereafter, establish the terms and conditions under which products listed on Climanosco’s Online Shop are sold by Climanosco or by third party sellers, and those relations between Climanosco, or its sellers, and the Customers that arise from the sale of products.
  2. These Terms of Sales are an integral part of the Terms and Conditions of Use of Online Shop (the “Terms”). Users shall accept and comply with the Terms in their entirety, including all terms and conditions and policies referred to within. Use of the Online Shop constitutes an acceptance of the Terms in their entirety by the user.
  3. Climanosco reserves the right to update the Terms of Sales without notification. The Terms of Sales that apply to a given purchase are those that were in force at the time the purchase was processed.

Terminology

  1. The “Online Shop” is here understood as Climanosco’s online shop available on the Internet at the address shop.climanosco.org.
  2. A “Customer” is here understood as a person making a purchase from the Online Shop.
  3. “Products” are goods that are listed for sale on the Online Shop.
  4. A “Seller” is here understood as a third party seller who lists items for sale on the Online Shop.

Sellers’ role and Climanosco’s role

  1. Products listed on the Online Shop are either sold by Climanosco or by Sellers. The product information indicates clearly whether a product is sold by Climanosco or by a Seller.
  2. For products that are listed by Sellers, the sale contract binds the Seller and the Customer. In such cases Climanosco is not a party to the contract, but the Seller authorizes Climanosco as its commercial agent to promote the Seller’s products, to conclude the sale of its products under the terms of each contract and to accept payment on the Seller’s behalf in accordance with the Terms through the Online Shop. The Seller is sole responsible for performing the obligations related to the contract between the Seller and the Customer. The Customer’s obligation to pay for products in relation to the contract is satisfied when the Customer has paid the required amount via the Online Shop. The Seller must not invoice the Customer outside the Online Shop in relation to the contract. Any payment and invoicing to the Customer related to the contract is performed through the Online Shop. The Seller will arrange dispatch of the products and return of the product when necessary. Any refunds to the Customer may only be performed by Climanosco. Climanosco does not charge any fee to the Customer for the use of the Online Shop. Climanosco charges Sellers for acting on their behalf in the limited capacity described above.
  3. For products that are listed by Climanosco, the sale contract binds Climanosco and the Customer. In such cases Climanosco and the Customer form the two parties of the contract. Climanosco is responsible for performing the obligations related to the contract.

Purchasing products

  1. Purchases are only accepted through the Online Shop.
  2. Climanosco is authorized by the Sellers listing products on the Online Shop to accept payment of the products’ price and any applicable delivery charges from the Customers for orders placed on the Online Shop.
  3. Payments can be made through the Online Shop, either by credit cards or by direct banking to Climanosco’s account. Payments in cash are not accepted.
  4. Customers choosing direct banking must make sure that the amount received on Climanosco’s bank account in CHF covers the price of the product as announced on the Online Shop at the time of purchase. If payment is made with a currency different from CHF, it will be automatically converted into CHF by Climanosco’s bank. Climanosco does not take responsibility for the applied currency change rate.
  5. Climanosco reserves the right to cancel an order without providing any further explanations.

Products and product prices

  1. A description of each product is available on the Online Shop, including the size, the material, the options, the product price, any restrictions on shipping destinations, and whether the product is listed by Climanosco or by a Seller.
  2. Images of the products displayed on the Online Shop are for illustrative purpose only. The products may vary slightly from these images depending on the options chosen, such as frame, size, color, etc. The Customer is advised to read carefully the product information before proceeding with any order.
  3. Although Climanosco makes every effort to provide images that display the colors of the products accurately, the rendering of colors depends on many parameters, and Climanosco cannot guarantee that the rendering on the Customer’s screen will accurately reflect the color of the product.
  4. Packaging costs are included in the product price.
  5. Product prices may change from time to time, but changes will not affect an order which Climanosco or the Seller confirmed with a shipping receipt.
  6. Although Climanosco makes every effort to ensure the product information is accurate, it may happen that a product is misdescribed or that a price is incorrect on the Online Shop.
  7. If a product can’t be supplied to a Customer, such as for example if that product is not in stock or no longer available or if there is an error in the price indicated on the Online Shop, Climanosco will inform the Customer by email as soon as possible, and the order will be cancelled and the Customer refunded the full amount that was paid for it.

Delivery

  1. Some products may have restrictions on the countries they can be delivered to. These restrictions, if any, are clearly indicated on the product information.
  2. Delivery costs are not included in the product price indicated in the product information on the Online Shop.
  3. Delivery costs depend on the product and on the Customer’s country of residence. Estimated delivery costs are automatically added to the purchase upon checking-out.
  4. Delivery costs include the costs of shipping the product from Climanosco or from the Seller, to the delivery address provided by the Customer. Delivery costs may include costs of insuring the product during shipping.
  5. The shipping usually occurs within a week of reception of payment.
  6. The Customer is informed by email of any delay that occurs in the shipping of the purchased products.
  7. Where indicated, the product is shipped using traceable mail. In such cases, the Customer is informed of the tracking number and expected date of arrival.
  8. Delivery will be completed when the products are delivered to the address given by the Customer.
  9. The product is the responsibility of the Customer from the completion of the delivery.
  10. The product is owned by the Customer once the payment has been received by Climanosco in full, including delivery charges.
  11. In the event that a shipment returns to Climanosco or the Seller after shipping, the Customer is informed and is given the choice of another delivery or of a refund. In either case, delivery and return shipping costs associated with the failed delivery will be charged to the Customer.

Returning merchandise

  1. Customers have 14 days from reception to claim a risk free right of return of the purchased products. The right of return must be claimed in writing by sending an email to the contact address below with the reason for returning the products.
  2. Are excluded from this right of return digital products such as digital images and videos.
  3. Climanosco will acknowledge the return request by email and will instruct the Customer on options for the return of the products.
  4. The products must be shipped by the Customer within 14 days of receiving the return right to Climanosco’s address for products sold by Climanosco, and to the Seller’s address for products sold by a Seller. The products must be shipped according to the instructions provided in Climanosco’s acknowledgment email. The Customer must inform Climanosco of the tracking number, shipping costs and expected delivery date.
  5. If the Customer is entitled to a refund, Climanosco will refund the Customer of the paid product price, delivery charges and any return shipping cost within 14 days of reception of the returned products.
  6. Details of the Customer’s right of return and how to exercise it are explained in the Sales Return Policy of Online Shop.

Privacy policy

  1. We only collect and use personal information of Customers in accordance with our Privacy Policy of Online Shop.

Copyrights

  1. Copyrights on purchased products stay with the author. Any copy, in part or in full, is forbidden without the written consent of the author.
  2. Requests are to be sent to Climanosco or to the Seller.

Taxes

  1. All prices are net; Climanosco is not VAT – registered.
  2. The Customer is responsible for paying any custom taxes incurring from the purchase of products that may arise in her/his country.

Liabilities

  1. The Online Shop is provided on an “as is” basis. Climanosco makes no representations or warranties of any kind to the Customer relating to the Online Shop to the fullest extent permitted by law.
  2. Climanosco hereby disclaims all liability for the use of the Online Shop other than expressly stated in these Terms. Climanosco shall not be liable for any losses arising from impossibility of use of the Online Shop. Such disclaimer shall also apply to interruption, temporary suspension or termination of the services.
  3. Climanosco’s responsibility on any sale proceeding via the Online Shop is strictly limited to the amount paid by the Customer. Climanosco may refund in full the amount paid by the Customer provided that the Customer sends a return request that fulfils the conditions expressed in these Terms of Sales.
  4. Climanosco shall likewise accept no liability resulting from inaccurate information on products on sale on the Online Shop other than expressly stated in these Terms of Sales.
  5. Climanosco shall not be liable for minor negligence or indirect losses.

Final provisions and legal jurisdiction

  1. Should any provision of these Terms of Sales, including all applicable terms and conditions and policies expressly refereed to within, be considered unworkable, this shall not affect the validity of all or any other provisions. Failure by Climanosco to implement a provision shall imply no waiver thereof.
  2. The relationship between Climanosco and its Customers, and between a Seller and his/her Customers, shall be subject to substantive Swiss law, to the preclusion of the United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980. With respect to all disputes based on or in connection with any order, transaction or contract, the ordinary courts in 8005 Zurich, Switzerland, shall have exclusive jurisdiction.

Communicating with Climanosco

  1. Except where instructed otherwise, all communication with Climanosco regarding sales should be made by email.
  2. The mailing address is:
    Climanosco
    c/o The Hub Zurich Association
    Viaduktstrasse 93-95
    8005 Zurich
    Switzerland
  3. The email address for all communications concerning sales is:

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