Gruesli.com | Terms and Conditions

The following terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. Before you place an order, if you have any questions relating to these terms and conditions please contact us at hello@natalia-gianinazzi.ch or calling us on +41 (0)78 667 98 18.

Definitions
Use of the website
Privacy
Purchase of products
Description of products
Payment
Promotional discounts
Contract cancellation
Returns and refunds
Delivery
Despatch & Shipping Charges
General
Contact

Definitions
"Conditions" means these terms and conditions.
"Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer.
"Personal Information" means the details provided by you on registration.
"Mamma Gruesli” and “Gruesli” means Natalia Gianinazzi.
"Product" means a product displayed for sale on the Website.
"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided.
"Users" means the users of the Website collectively.
"Website" means the website located at www.gruesli.com or any subsequent URL which may replace it.
"We/us" means Natalia Gianinazzi.
"You" means a user of this Website.

Use of the website
Access: You are provided with access to this Website in accordance with these Conditions and any orders placed by You must be placed strictly in accordance with these Conditions.

Registration
You warrant that: The Personal Information which You are required to provide when You register as a customer is true, accurate, current and complete in all respects; and You will notify us immediately of any change to the Personal Information by contacting us by e-mailing hello@natalia-gianinazzi.ch or calling us on +41 (0)78 667 98 18. You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use.

Indemnity
You agree fully to indemnify, defend and hold us, and our employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by You or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your Personal Information.

Our rights
We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) or to amend these Conditions with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.

Third party links
To provide increased value to our Users, we may provide links to other websites or resources for You to access at your sole discretion. You acknowledge and agree that, as You have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for
(i) the privacy practices of such websites,
(ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or
(iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Privacy
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below).
We will keep it on a secure server and we will fully comply with all applicable Swiss data protection and consumer law from time to time in place.
When You shop on this Website, we will ask You to input and will collect Personal Information from You including but not limited to your name, e-mail address, billing address, delivery address, telephone number and product selections.
Payment for the Products is processed either by PayPal and taken once the order is acknowledged or by bank transfer. If you choose payment by bank transfer, please contact us directly for our bank account details. Whichever method You choose, no information about your credit card is needed or collected by us.
We may also collect information about where You are on the internet (e.g. the URL You came from, IP address, domain types like .ch and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit and any search terms that You entered on our website ("User Information").
We may collect this information even if You do not register with us.
You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
You acknowledge that unless otherwise agreed in writing we have an unlimited right to use and disclose and permit the further use of any non-personal data provided by You in connection with your use of the website and such information shall be treated as non-confidential.
We confirm that any Personal Information which You provide to us and any User Information from which we can identify You, is held in accordance with Swiss law.

We use your information only for the following purposes:
- Processing your orders;
- For statistical or survey purposes to improve this Website and its services to You;
- To administer this website;
- If You consent, to notify You of products or special offers that may be of interest to You.

You agree that You do not object to us contacting You for any of the above purposes whether by telephone, e-mail or in writing and You confirm that You do not and will not consider any of the above as being a breach of any of your rights.
When You order online You will be given the option to receive information from Natalia Gianinazzi by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to You.
In the event that You do not wish to be contacted for such purposes, ensure that email us at hello@natalia-gianinazzi.ch. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line, by e-mailing us at hello@natalia-gianinazzi.ch.
Your Personal Information may be disclosed within Mamma Gruesli and to reputable third parties who will help process your order.
Natalia Gianinazzi requires all such third parties treat your personal information as fully confidential and to fully comply with all applicable Swiss data protection and consumer law from time to time in place.
We will not release your Personal Information to any company outside Natalia Gianinazzi for mailing or marketing purposes.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
We use Cookies to keep track of your current shopping session to personalise your experience and so that You may retrieve your shopping basket at any time.
Please refer to our separate Privacy statement if You require further details on accessing your Personal Information or have any questions regarding our practices.

Purchase of products
Orders: We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or ordering from the Website.

Electronic contracting
You will be guided through the process of placing an order by a series of simple instructions on the Website. We will send to You an order acknowledgement email detailing the Products You have ordered. This is not an order confirmation or order acceptance from Natalia Gianinazzi. Once we have received your order we will either fulfill the order by delivery, in most cases within 7 working days, or contact You regarding any discrepancies. Order acceptance and the completion of the contract between You and us will take place on the despatch to You of the Products ordered unless we have notified You that we do not accept your order, or You have cancelled it in accordance with the instructions in the Contract cancellation and Returns procedure sections below. For the avoidance of doubt, any such contract will be deemed to have been concluded in Switzerland.

Non-acceptance of an order may be a result of one of the following:
- The product You ordered being unavailable.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.

The contract will be concluded in German, Italian, French or English, at your choice.

Description of products
Natalia Gianinazzi creates and markets handmade plush characters and other associated products.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment You place an order.

We cannot confirm the price of a Product until your order is accepted. If we discover a discrepancy in the price of the Products that You have ordered we will inform You as soon as possible and give You the option of re-confirming your order at the correct price or cancelling it. If You decide to cancel the order and have already paid for the goods, You will receive a refund in full.

Whilst we try to ensure that each Product has the correct stock status and availability, we do not guarantee that when You place an order stock will be reserved. In the unlikely event of You purchasing a Product that is out of stock we will contact You with all the options available for that order.

Payment
Natalia Gianinazzi uses the services of a payment provider for all on-line purchases, namely PayPal secure checkout. Visit PayPal for details https://www.paypal.com
If you prefer to pay with bank transfer, please contact us at hello@natalia-gianinazzi.ch.

Promotional discounts
We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified purchases, made solely via the Website, unless otherwise stated.

Contract cancellation
You are entitled to cancel this contract if You so wish within seven working days, commencing on the day following delivery of the products. If You wish to exercise your right to cancel this contract after your order has already been despatched please follow the procedure set out in our Returns procedure below. You will not be charged for the initial delivery costs of the Products to You but must pay for the costs of returning the Products to us. Refunds will only be made once the returned Products are received by us.

Please note that your right to return Products does not apply to any Products which have been personalised to your specification.

Returns procedure
To return an item:
If for any reason You are not completely satisfied with your purchase from the Gruesli website, please notify us at hello@natalia-gianinazzi.ch, or calling +41 (0)78 667 98 18 within a reasonable time (14 days from delivery) to arrange a return.

You may choose whichever carrier is suitable to You to return the purchase. After contacting us, You need to:
- Re-package the product(s) in the original boxes with the despatch note (or order acknowledgement) stating the reason for the return. In the case of a defective product, please provide a full description of the fault;
- Provide Your PayPal reference number for the purchase (if this was your method of payment), in the package;
- Make sure You wrap the package securely;
- Clearly address the package to Natalia Gianinazzi, Zurlindenstrasse 53, 8003 Zurich, Switzerland;
- Register the package with the carrier You have chosen;
- Notify Natalia Gianinazzi hello@natalia-gianinazzi.ch of the carrier’s details and package registration reference for tracking purposes.

If the goods are returned due to an error made by Natalia Gianinazzi or if the goods are faulty, we will replace where possible or refund the cost in full (including the purchase price of the goods and original delivery costs).
However, if the goods are returned for any other reason, we will only refund the purchase price paid for the goods excluding the original delivery costs and You will need to pay for the return delivery costs.

If a non-faulty product returned is not in fully resaleable condition or the packaging is damaged, we reserve the right to refuse a refund on the item.

Refunds will only be made once the returned Products are received by us.
Please note, items purchased from the Gruesli website can only be returned directly to Natalia Gianinazzi and not to subsidiaries, independent retailers, concessions or stockists of Natalia Gianinazzi.

This returns policy does not affect your legal rights.

Delivery
Delivery times are not under the control of Mamma Gruesli, but are the responsibility of the service provider. The following are provided as guidelines only:

Delivery method:  Postpac priority with certified mail
- Delivery in Switzerland: same day or day after,
- Delivery in Europe: 3-4 working days,
- Delivery in other countries: 7 working days 

Delivery method:  Postpac economy with certified mail
 - Delivery in Switzerland: 2-3 working days
- Delivery in Europe: 4-7 working days,
- Delivery in other countries: 10-14 working days  

We shall not be liable for any loss, damage or expense arising from any delay in delivery from any cause whatsoever. We may deliver the goods by installments each of which shall be deemed to be the subject of a separate contract and, unless otherwise agreed in writing, no failure by us in any one or more instalments shall entitle You to repudiate any contract for goods previously delivered or to refuse to accept any undelivered goods.

Despatch and Shipping Charges
Delivery prices are not under the control of Natalia Gianinazzi, but are the responsibility of the service provider.

The following current prices are what You have to pay for Shipping. These prices are provided as guidelines only:

Prices: Swiss “A” post:  
- Delivery in Switzerland: 11 CHF
- Delivery in Europe: 20 CHF
- Delivery in other countries: 26 CHF

Prices: Swiss “B” post:  
- Delivery in Switzerland: 9 CHF
- Delivery in Europe: 15.50 CHF
- Delivery in other countries: 18 CHF.

General
Intellectual property and right to use.
You acknowledge and agree that all copyright, trademarks, logos and service marks (where applicable) and all other intellectual property rights in all material or content supplied as part of the Website and Natalia Gianinazzi’s products shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within the Website and Natalia Gianinazzi products is made available for your personal non-commercial use only and that You may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website and Mamma Gruesli’s products is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, permanently store, reproduce, transmit, retransmit, publish, display, distribute, modify, commercially exploit or create derivative works of such material and content.

Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations regarding the Website and any transactions conducted on or through the Website.

Warranty
We endeavour to secure high standards of materials and workmanship and accordingly will, at our own expense, within a reasonable period make good any discrepancy by replacing at the original point of delivery or, at our option, allowing credit for the invoice value of any goods (other than goods supplied as sale goods, goods supplied on promotion or goods not of first quality) in which any defect of materials or workmanship is shown to have existed at the time of despatch by Us provided that You have given Us written notice of the defect immediately upon its becoming apparent and in any event within a reasonable time (usually 7 days) from receipt of the goods.
In case of any goods not of Natalia Gianinazzi manufacture which are alleged to be defective, Natalia Gianinazzi reserves the right to limit its liability to assigning to the customer (so far as it is able to do so) any warranty given by the manufacturer of those goods.

Disclaimers
Natalia Gianinazzi shall have no liability for:
- any goods which after delivery have been subjected to any incorrect handling or storage or suffered any misuse, neglect or accident; or
- any discrepancy which results from any inaccurate or incomplete information, details or materials supplied by or on behalf of You; or
- any goods in cases where the customer has defaulted in making payment of the price therefore or is otherwise in breach of any of its obligations hereunder;
- or any goods involved with the death, personal injury or illness of children aged 14 years or less.

Gruesli are art pieces that mimic toys. They are not toys. Under no circumstances are for children under the age of eight (8) years and are not recommended for children aged fourteen (14) years or less without parental supervision. Small objects on some of the pieces present a choking hazard.

Except as expressly provided in these conditions or as otherwise specified or agreed in writing by us, Natalia Gianinazzi makes no warranty or representations as to and accepts no liability, express or implied, for any life or wear of any goods or their quality or suitability for any particular purpose or use under specific conditions (whether or not known to Natalia Gianinazzi) and it is your sole responsibility to ensure that the goods will meet with your requirements.

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website and its contents are provided on an "as is" and "as available" basis and we make no, and expressly disclaim, all representations, endorsements or warranties of any kind whether express or implied, in relation to the Website, or the information, content, materials or products included in it or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We do not represent or warrant that any advice, opinion or information, accessible or transmitted to You via our Website or email communications is accurate, complete, current, error free or free from viruses.

We accept no liability for any unauthorised access to, or any alteration, theft or destruction of information or data.

Extent of liability
Except to the extent stated in these conditions or otherwise agreed in writing by us: - neither we nor any of its agents, contractors, subcontractors, or distributors, nor any of its partners or employees shall have any obligation, duty or liability in contract, tort (including negligence or breach of legal duty) or otherwise howsoever under or in connection with the use of the Website or any contract for the sale of any goods and the goods themselves other than, in the case of any of the foregoing persons, for death or personal injury resulting from its or his negligence or for fraud on its part or on the part of any of its directors, officers or employees whilst acting in the course of their duties or employment; and - in particular, neither we nor any of the other foregoing persons shall have any liability whether in contract, tort or otherwise for any consequential loss or damage suffered, directly or indirectly, by You or any third party arising from the use of the Website or under or in connection with any contract for the sale of any goods, and the goods themselves, including but not limited to wasted time or expenditure, loss of profits, production, business revenue, expected savings or goodwill or any claim against You by any person.

Subject to those liabilities specified above relating to death or personal injury caused by negligence, our liability under or in connection with any contract for the sale of any goods shall in no circumstances exceed their invoice value.

Except for death or personal injury caused by negligence on the part of us, we shall be discharged of all liability to which these conditions apply unless proceedings are begun within twelve (12) months after the customer became aware (or should reasonably have become aware) of the facts giving rise to such liability.

Nothing in these conditions shall affect the legal rights of a customer who is a consumer as defined by Swiss law.

Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement
These Conditions govern our relationship with You. You confirm that, in agreeing to accept the Conditions, You have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and You agree that You shall have no remedy in respect of any representation. Your legal rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law
The Conditions shall be governed by and construed in accordance with the laws of Switzerland and You irrevocably submit to the exclusive jurisdiction of the courts of Switzerland.

Third Party Rights
These Conditions do not confirm any right enforceable by any third party under or in connection with the use of the Website or any contract for the sale of any goods made through the Website.

Contact
The address of Mamma Gruesli / Natalia Gianinazzi is Natalia Gianinazzi, Frauentalweg 81, 8045 Zurich, Switzerland.

Natalia Gianinazzi can be contacted by e-mailing hello@natalia-gianinazzi.ch or calling +41 (0)78 667 98 18..