TERMS OF SERVICE

 

These Regulations define the general terms, conditions, and method of sale conducted by Anna Banaszkiewicz Anncos based in Zurich via the anncos.ch online store ( hereinafter: the “Online Store”) and define the terms and conditions for the provision by Anna Banaszkiewicz running a business under the name of Anncos Anna Banaszkiewicz based in Zurich free services by electronic means.

 

§ 1 Definitions.

 

1. Working days – means weekdays from Monday to Friday, excluding public holidays in Switzerland or the Canton of Zurich. 

 

2. Delivery – means the act of delivering to the Customer by the Seller, via the Supplier, the Goods specified in the order. 

 

3. Supplier – means the entity with which the Seller cooperates in the delivery of the Goods: Die Schweizerische Post AG based in Bern. 

 

4. Password – means a string of letters, numbers, or other characters selected by the Customer during registration in the Online Store, used to secure access to the Customer Account in the Online Store. 

 

5. Customer – means an entity for which electronic services may be provided by following these Regulations or with which a Sales Agreement may be concluded. 

                                                   

6. Customer Account – means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered and concluded the contract for the provision of the Customer Account service. 

 

7. Login – individual customer identification, determined by him, consisting of a string of letters, numbers, or other characters, required together with the Password to set up a Customer Account in the Online Store. 

 

8. Regulations – means these regulations. 

 

9. Registration – means an activity performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store. 

 

10. Store; Online Shop – Online vendor available at the following internet  address: www.anncos.ch

 

11. Seller – means Anna Banaszkiewicz running a business under the name Anncos Anna Banaszkiewicz based in Zurich, UID: CHE-274.830.308, who is also the owner of the Online Store. 

 

12. Store Website – means the websites where the Seller runs the Online Store, operating the anncos.ch domain.

 

13. Goods – means a product presented by the Seller via the Store’s Website, which may be the subject of a Sales Agreement. 

 

14. Durable medium – means a material or tool enabling the Customer or the Seller to store information personally addressed to him, in a way that allows access to information in the future for a period appropriate to the purposes for which this information is used, and which allows the stored information to be restored unchanged. 

 

15. Sales contract – means a sales contract concluded remotely, on the terms set out in the Regulations, between the Customer and the Seller. 

 

§ 2 General provisions.

 

1. All rights to the Online Store, including internet domain, the Store’s Website, as well as to patterns, forms, logos posted on the Store’s Website (except for logos proprietary copyrights, intellectual property rights to its name, its and some photos presented on the Store’s Website to present goods to which the copyrights belong to third parties) belong to the Seller, and their use may only take place with the consent of the Seller expressed in writing.

 

2. The Seller uses the mechanism of ” cookies “, which are saved by the Seller’s server on the hard drive of the Customer’s end device when the Customers use the Store’s Website. The use of ” cookies ” is aimed at the correct operation of the Store’s Website on the Customers’ end devices. Each customer may disable the ” cookies ” mechanism in the web browser of his end device. The Seller indicates that disabling ” cookies ” may, however, cause difficulties or prevent the use of the Store’s Website.

 

3. To place an order in the Online Store via the Store’s Website and to use the services provided electronically via the Store’s Website, the Customer must have an active e-mail account.

 

4. It is forbidden for the Customer to provide unlawful content and the Customer to use the Online Store, the Store’s Website, or free services provided by the Seller in a manner that is against the law, decency, or infringes the personal rights of third parties.

 

5. The Seller declares that the public nature of the Internet and the use of electronic services may involve the risk of obtaining and modifying customer data by unauthorized persons, therefore customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use anti-virus programs and programs protecting the identity of Internet users. The Seller never asks the Customer to provide him with the Password in any form.

 

6. It is not allowed to use the resources and functions of the Online Store to conduct business by the Customer that would infringe the interests of the Seller.

 

§ 3 Orders.

 

1. The information contained on the Store’s Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a Sales Agreement.

 

2. The prerequisite for placing an order is the acceptance of the Regulations of the Online Store.

 

3. When placing the order – until the button “GO TO CHECKOUT” is pressed – the Customer may modify the entered data and select the Goods. To do this, follow the displayed messages and information available on the Store’s Website.

 

4. By placing an order, the Customer submits an offer to the Seller to conclude an Agreement for the sale of the Goods being the subject of the order.

 

5. If the Customer has decided to pay by bank transfer to the Seller’s bank account, he will be informed by the Seller by e-mail about the data required to make a bank transfer to pay for the selected Goods and Delivery. These data are also available at https://anncos.ch/shipping-and-payment/

 

6. If the Customer has decided to pay via the Paypal payment system, he will be redirected to the website of the Paypal payment service provider to pay for the selected Goods and Delivery.

 

7. If the Customer has decided to pay via the TWINT system, information will be displayed allowing the payment for the selected Goods and Delivery.

 

8. If the Customer has decided to pay by credit or debit card, he will be asked to provide data on the card to pay for the selected Goods and Delivery.

 

9. After placing the order, the Seller sends the confirmation of its submission to the e-mail address provided by the Customer.

 

10. Then, after confirming the receipt of payment on the Seller’s bank account, the Seller shall send to the email address provided by the Customer information about the acceptance of the order for execution. Information about the acceptance of the order for execution is the Seller’s declaration of acceptance of the offer referred to in §3 para. 4 and upon its receipt by the Customer, a Sales Agreement is concluded.

 

11. After the conclusion of the Sales Agreement, the Seller confirms to the Customer its terms in the form of an invoice, sending it on a durable medium to the email address provided by the Customer during the registration or ordering.

 

12. The Goods purchased by the Customer may have a label in a different language and/or a different graphic design than the label on the Store’s Website at the time of ordering.

 

§ 4 Payment.

 

1. The prices on the Store’s Website placed next to a given Product are gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement.

 

2. All prices on the Shop Website are given in Swiss francs.

 

3. All information about payment methods and data of payment operators are available at: https://anncos.ch/shipping-and-payment/

 

4. The customer should make the payment immediately so that the funds are credited to the Seller’s bank account within 5 working days from the conclusion of the Contract for the sale of the Goods being the subject of the order.

 

5. In the event of failure by the Customer to pay the payment within the time limit referred to in §4 sec. 3 of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a durable medium. In the event of the expiry of the second payment deadline, the Seller has the right to withdraw from the implementation of the Contract for the sale of Goods.

 

§ 5 Delivery.

 

1. The Seller makes the Delivery only on the territory of Switzerland.

 

2. The Seller publishes on the website https://anncos.ch/shipping-and-payment/ information on the method of delivery, price, and the estimated number of Working Days needed for the Delivery and execution of the order.

 

3. The Delivery Date indicated on the website https://anncos.ch/shipping-and-payment/ is counted in Working Days by §1 sec. 1 of the Regulations.

 

4. The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.

 

5. On the day of sending the Goods to the Customer, the information confirming sending the parcel by the Seller is sent to the Customer’s e-mail address.

 

6. The customer is obliged to inspect the delivered parcel immediately after receiving it. In the event of a loss or damage to the shipment, the Customer has the right to demand that the Supplier’s employee draws up the appropriate protocol.

 

7. The Seller attaches to the shipment being the subject of the Delivery an invoice covering the delivered Goods.

 

§ 6 Complaints and return of the Goods.

 

1. The Seller reserves that the replacement or return of the Goods is possible only in the case of incorrect or incomplete shipment or defects in the Goods.

 

2. A customer who wants to replace or return the Goods is obliged to report this fact to the Seller within 8 working days by e-mail to the following address: info@anncos.ch

 

3. In the cases listed in § 6 point 1, the Seller informs the Customer about the complaint procedure of the Goods and, if it is necessary to return the Goods, covers the costs of the returned shipment.

 

4. If the damage to the Goods was caused during delivery, the Customer has the right to complain about the entity responsible for the delivery of the Goods, which is Schweizerische Post AG. The Seller’s liability in this regard is limited.

 

§ 7 Withdrawal from the Sales Agreement.

 

1. Due to the specificity of the Goods sold, the Customer is not entitled to withdraw from the Contract for the sale of Goods without giving a reason. The Seller, wishing to ensure proper hygiene and the highest quality of the Goods, as well as minimizing the costs of managing the Store, does not accept returns of the Goods.

 

§ 8 Free services

 

1. The Seller provides the Customers with free electronic services:

a) Running a Customer Account;

b) Posting opinions.

 

2. The Seller reserves the right to choose and change the type, form, time, and method of granting access to selected services mentioned.

 

3. The Customer Account Management service is available after Registration on the terms described in the Regulations and consists of providing the Customer with a dedicated panel on the Store’s Website, enabling the Customer to modify the data provided during registration.

 

4. The Customer who has registered may submit a request to delete the Seller’s Customer Account, but in the event of a request to delete the Customer Account by the Seller, it will be deleted up to 15 Business Days from the request.

 

5. The service of Posting opinions consists in enabling by the Seller, Customers who have a Customer Account, to publish on the Store’s Website individual and subjective statements of the Customer regarding the Goods.

 

6. The Seller is entitled to block access to the Customer Account and free services, in the event of the Customer acting to the detriment of the Seller or other Customers, breach by the Customer of the law or the provisions of the Regulations, and also when blocking access to the Customer Account and free services is justified security reasons – in particular: breaking the security of the Store Website by the Customer or other hacking activities.

 

7. Blocking access to the Customer Account and free services for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller shall notify the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.

 

§ 9 The Customer’s responsibility for the content posted by him.

 

1. By posting content and making it available, the Customer disseminates content voluntarily. The posted content does not express the views of the Seller and should not be equated with its activities. The seller is not a content provider, but only an entity that provides adequate ICT resources for this purpose.

 

2. The customer declares that:

a) is entitled to use proprietary copyrights, industrial property rights and/or related rights to – respectively – works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that make up the content;

b) placing and sharing, as part of the services referred to in §8 of the Regulations, personal data, image and information about third parties took place legally, voluntarily, and with the consent of the persons to whom they relate;

c) agrees to access the published content by other Customers and the Seller, as well as authorizes the Seller to use them free of charge following the provisions of these Regulations;

d) consent to the preparation of works within the meaning of the Act on Copyright and Related Rights.

 

3. The customer is not entitled to:

a) posting, as part of using the services referred to in §8 of the Regulations, personal data of third parties and disseminating the image of third parties without the consent or consent of a third party required by law;

b) posting, as part of using the services referred to in §8 of the Regulations, advertising and/or promotional content.

 

4. It is forbidden for Customers to post, as part of using the services referred to in §8 of the Regulations, content that could, in particular:

a) be published in bad faith, e.g. to infringe personal rights of third parties;

b) violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secret or related to confidentiality obligations ;

c) be offensive or constitute a threat to other people, contain vocabulary that violates good manners (e.g. by using profanity or expressions commonly considered offensive);

d) be contrary to the interest of the Seller;

e) otherwise violate the provisions of the Regulations, good manners, provisions of applicable law, social or moral norms.

 

5. The Customer agrees to the Seller’s free use of the content posted by him as part of the Store’s Website.

 

§ 10 Protection of personal data

 

1. The rules for the protection of Personal Data are available on the Website https://anncos.ch/privacy-policy/

 

§ 11 Final provisions

 

1. The content of these Regulations may be recorded by printing, saving on a carrier, or downloading at any time from the Store’s Website https://anncos.ch/terms-of-service/

 

2. In the event of a dispute arising under the concluded Sales Agreement, the parties will endeavor to resolve the matter amicably. Swiss law is the law applicable to all disputes arising from these Regulations.

3. The Seller reserves the right to amend these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented based on the Regulations in force on the date of placing the order by the Customer. The amendment to the Regulations comes into force on the day of publication on the Store’s Website.

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