Terms and Conditions of Use of Online Shop (v. 2)


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 Use of Online Shop”, named “Terms” herein, establish the terms and conditions under which Climanosco’s Online Shop may be used and those relations between Climanosco and Users of this Online Shop that arise from the use of the Online Shop and from the access to its content.
  2. The Privacy Policy of Online Shop establish the privacy policy applicable to Climanosco’s Online Shop. The Privacy Policy of Climanosco Shop form an integral part of the Terms and will prevail in case of conflict.
  3. The Sales Return Policy of Online Shop establish the terms and conditions under which products can be returned risk-free by customers. The Sales Return Policy of Online Shop form an integral part of the Terms and will prevail in case of conflict.
  4. The Terms and Conditions for Donations establish the terms and conditions under which a donor may donate money to Climanosco. The Terms and Conditions for Donations form an integral part of the Terms and will prevail in case of conflict.
  5. The Terms and Conditions of Sales establish the terms and conditions under which products are sold to customers. The Terms and Conditions of Sales form an integral part of the Terms and will prevail in case of conflict.
  6. Climanosco reserves the right to update the Terms without notification. The Terms that apply are those that were in force at the time the Online Shop was used. Amendments to the Terms shall become effective when they are posted to the Online Shop. Continued use of the Online Shop subsequent to any amendment to the Terms constitutes an acceptance of the amendment by the User.

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 “User” is here understood as a person using the Online Shop.
  3. A “Seller” is here understood as a third party seller who lists items for sale on the Online Shop.

Use of the Online Shop

  1. Users must be over eighteen years of age to use the Online Shop.
  2. Users shall accept and comply with the Terms in their entirety, meaning including the terms and conditions herein, the Privacy Policy of Online Shop, the Terms and Conditions for Donations and the Terms and Conditions of Sales. Use of the Online Shop constitutes an acceptance of the Terms in their entirety by the User.
  3. The Online Shop can be used for making donations, paying membership fees and/or purchasing products for that are listed for sale on the Online Shop.
  4. The products for sale that are listed on the Online Shop may be sold either by Climanosco or by Sellers. The product information clearly indicates whether a product is sold by Climanosco or by a Seller.

Forms of payment and incurred fees

  1. Users are given the choice to make their payment with a selection of credit cards, bank cards and direct banking. Payments in cash are not accepted.
  2. Some forms of payment, such as credit cards, are associated with fees that are charged by the specific payment provider.
  3. Climanosco reserves the right to require that the User pays for the fees incurred from the choice of a form of payment. In such case, the estimated fees are displayed on the Online Shop for the information of the User and added to the total amount to be paid by the User.

Conclusion of contract

  1. By clicking on the “Place order” button of the Online Shop, the User declares to commit to the purchase of the ordered products, the payment of the membership fee or the transfer of a donation. A confirmation of the order is automatically sent by email to the User. This confirmation email does not represent a binding contract and its only purpose is to confirm that the order was received.
  2. Climanosco or the Seller will proceed with the completion of the order only after the corresponding money is received by Climanosco.
  3. The contract will be concluded upon completion of the order by Climanosco or the Seller, specifically upon shipping the ordered products with receipt to the User, upon notifying the User by email of the acceptance of the donation, or upon notifying the User by email of the acceptance of a membership.
  4. For products that are listed on the Online Shop by Climanosco, the contract will bind Climanosco and the User. For products that are listed on the Online Shop by a Seller, the contract will bind the Seller and the User.

Data Protection and Use of Information

  1. The Privacy Policy of Online Shop, which is an integral part of these Terms, explains in details what data Climanosco collects, how it uses them, what data it shares and why, and what control the user can have on his/her data when using the Online Shop.

Copyrights

  1. Copyrights on contents of the Online Shop stay with the author. Any copy, in part or in full, of any content is forbidden without the written consent of the author. This applies to contents in any digital form, such as images, graphisms, videos, audio, or texts.
  2. Requests are to be sent to Climanosco.

Liabilities

  1. The Online Shop is provided on an “as is” basis. Climanosco makes no representations or warranties of any kind to the User 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. 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 shall in no case be liable for content provided by Sellers such as for artists pages and artworks pages. Sellers are alone responsible for all information and data which they display on the Online Shop.
  4. Climanosco shall accept no liability for links, for contents of pages linked, and for content uploaded by Sellers. Climanosco has no influence on third-party web sites. If Climanosco incurs loss through the contents of Sellers, they shall indemnify Climanosco accordingly.
  5. Climanosco shall not be liable for minor negligence or indirect losses.

Final provisions and legal jurisdiction

  1. Should any provision of these Terms, 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 the User, and between a Seller and the User, 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. You can communicate with Climanosco by mail or 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 the shop is:

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https://www.climanosco.org/rule/terms-and-conditions-of-use-of-online-shop-v-2/