DISCLAIMER

T&C

1.       Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.

1.4    You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2.       Copyright notice

2.1    Copyright (c) 2020 Ludwika Pilat.

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3.       Permission to use website

3.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d)    stream audio and video files from our website using the media player on our website; and

(e)    use our website services by means of a web browser,

        subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3    You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.

3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

3.6    Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7    We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website [during server maintenance or when we update the website]. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4.       Misuse of website

4.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    hack or otherwise tamper with our website;

(d)    probe, scan or test the vulnerability of our website without our permission;

(e)    circumvent any authentication or security systems or processes on or relating to our website;

(f)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g)    impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h)    decrypt or decipher any communications sent by or to our website without our permission;

(i)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j)     access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k)    use our website except by means of our public interfaces;

(l)     violate the directives set out in the robots.txt file for our website;

(m)   use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n)    do anything that interferes with the normal use of our website.

4.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5.       Products

5.1    The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

5.2    We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

5.3    Prices stated on our website may be stated incorrectly.

5.4    The sale and purchase of products through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.

5.5    Any product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.

6.       Registration and accounts

6.1   

6.2    You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

6.3    You must not allow any other person to use your account to access the website.

6.4    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5    You must not use any other person's account to access the website, unless you have that person's express permission to do so.

7.       User login details

7.1    If you register for an account with our website, you will be asked to choose a user ID and password.

7.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3    You must keep your password confidential.

7.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8.       Cancellation and suspension of account

8.1    We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details,

        at any time in our sole discretion with or without notice to you.

8.2   

8.3    You may cancel your account on our website using your account control panel on the website.

9.       Our rights to use your content

9.1    In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and, with your specific consent, publish your content on and in relation to this website.

9.3    You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4    You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5    You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6    You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10.    Rules about your content

10.1  You warrant and represent that your content will comply with these terms and conditions.

10.2  Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libellous or maliciously false;

(b)   

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)    be in contempt of any court or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)    

(j)     be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)     depict violence in an explicit, graphic or gratuitous manner;

(m)   be pornographic or sexually explicit;

(n)    be untrue, false, inaccurate or misleading;

(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)    constitute spam;

(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)    cause annoyance, inconvenience or needless anxiety to any person.

11.    Report abuse

11.1  If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

11.2  You can let us know about any such material or activity by email.

12.    Limited warranties

12.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date;

(c)    that the website will operate without fault; or

(d)    that the website or any service on the website will remain available.

12.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

12.3  To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

13.    Limitations and exclusions of liability

13.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

13.2  The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:

(a)    are subject to Section 13.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

13.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

13.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

13.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

13.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

13.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

13.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

14.    Breaches of these terms and conditions

14.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    block computers using your IP address from accessing our website;

(e)    contact any or all of your internet service providers and request that they block your access to our website;

(f)    commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our website.

14.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation creating and/or using a different account).

15.    Third party websites

15.1  Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

15.2  We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

16.    Trade marks

16.1  Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

16.2  The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

17.    Variation

17.1  We may revise these terms and conditions from time to time.

17.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions

17.3  If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

18.    Assignment

18.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

18.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

19.    Severability

19.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

19.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

20.    Third party rights

20.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

20.2  The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

21.    Entire agreement

21.1  Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

22.    Law and jurisdiction

22.1  These terms and conditions shall be governed by and construed in accordance with Swiss law.

22.2  Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Switzerland.

23.    Statutory and regulatory disclosures

24.    Our details

24.1  This website is owned and operated by Ludwika Pilat.

24.2 

24.3  Our principal place of business is in Ticino, Switzerland.

24.4  You can contact us:

(a)    by email, using Ludwika at pilat.lu; or

(b)    using our website contact form.

T&C OF SALE

1.       Introduction

1.1    These terms and conditions shall govern the sale and purchase of products through our website.

1.2    You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3    This document does not affect any statutory rights you may have as a consumer.

2.       Interpretation

2.1    In these terms and conditions:

(a)    "we" means Ludwika Pilat; and

(b)    "you" means our customer or prospective customer,

        and "us", "our" and "your" should be construed accordingly.

3.       Order process

3.1    The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

3.2    No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.

3.3    To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

3.4    You will have the opportunity to identify and correct input errors prior to making your order by email.

4.       Products

4.1    The following types of products are or may be available on our website from time to time: jewellery, ceramic goods, and paintings.

4.2    We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

5.       Prices

5.1    Our prices are quoted on our website.

5.2    We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5.3    All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.

5.4    It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

5.5    In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

6.       Payments

6.1    You must, during the checkout process, pay the prices of the products you order.

6.2    Payments may be made by any of the permitted methods specified on our website from time to time.

6.3    If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

7.       Deliveries

7.1    Our policies and procedures relating to the delivery of products are set out in our delivery policy document.

7.2    We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

7.3    We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.

7.4    We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.

8.       Distance contracts: cancellation right

8.1    This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

8.2    You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:

(a)    beginning upon the submission of your offer; and

(b)    ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them).

8.3    In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

8.4    If you cancel a contract on the basis described in this Section 8, you must send the products back to us or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.

8.5    If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:

(a)    if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and

(b)    as otherwise provided in this Section 8.

8.6    If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.

8.7    We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

8.8    Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

8.9    You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to:

(a)    [the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised;

(b)    the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.

9.       Warranties and representations

9.1    You warrant and represent to us that:

(a)    you are legally capable of entering into binding contracts;

(b)    you have full authority, power and capacity to agree to these terms and conditions;

(c)    all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d)    you will be able to take delivery of the products in accordance with these terms and conditions[ and our delivery policy].

9.2    We warrant to you that:

(a)    we have the right to sell the products that you buy;

(b)    the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c)    you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

(d)    the products you buy will correspond to any description published on our website; and

(e)    the products you buy will be of satisfactory quality.

9.3    All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.

10.    Limitations and exclusions of liability

10.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

        and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

10.2  The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:

(a)    are subject to Section 10.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

10.3  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.4  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.5  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

11.    Order cancellation

11.1  We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a)    you fail to pay, on time and in full, any amount due to us under that contract; or

(b)    you commit any material breach of that contract.

11.2  You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.

11.3  We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

12.    Consequences of order cancellation

12.1  If a contract under these terms and conditions is cancelled in accordance with Section 11:

(a)    we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b)    you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c)    all the other provisions of these terms and conditions will cease to have effect, except that [Sections 1.3, 6.4, 10, 15, 16, 17, 18, 19 and 20] will survive termination and continue in effect indefinitely.

13.    Scope

13.1  These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

13.2  These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

13.3  These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

14.    Variation

14.1  We may revise these terms and conditions from time to time by publishing a new version on our website.

14.2  A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

15.    Assignment

15.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions[ - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions].

15.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16.    No waivers

16.1  No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

16.2  No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

17.    Severability

17.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18.    Third party rights

18.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

18.2  The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

19.    Entire agreement

19.1  Subject to Section 10.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

20.    Law and jurisdiction

20.1  These terms and conditions shall be governed by and construed in accordance with Swiss law.

20.2  Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Switzerland.

21.    Statutory and regulatory disclosures

21.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

21.2  These terms and conditions are available in the English language only.

21.3  We are not yet VAT obligated.

22.    Our details

22.1  This website is owned and operated by Ludwika Pilat.

22.2 

22.3  Our principal place of business is in Ticino, Switzerland.

22.4  You can contact us:

(a)    by email, using Ludwika at pilat.lu; or

(b)    using our website contact form.

PRIVACY POLICY

Privacy and cookies policy

1.       Introduction

1.1    We are committed to safeguarding the privacy of our website visitors and customers; in this policy we explain how we will handle your personal data.

1.2    This policy applies where we are acting as a data controller with respect to your personal data; in other words, where we determine the purposes and means of the processing of that personal data.

1.3    We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of [our website and services], we will ask you to consent to our use of cookies when you first visit our website.

1.4    In this policy, "we", "us" and "our" refer to Ludwika Piłat. For more information about us, see Section 19.

2.       The personal data that we collect

2.1    In this Section 2 we have set out the general categories of personal data that we process.

2.2    We may process data enabling us to get in touch with you ("contact data"). The contact data may include your name, email address, telephone number, postal address and/or social media account identifiers. The source of the contact data is you and/or your employer. If you log into our website using a social media account, we will obtain elements of the contact data from the relevant social media account provider.

2.3    We may process your website user account data ("account data"). The account data may include your account identifier, name, email address, business name, account creation and modification dates, website settings and marketing preferences. The primary source of the account data is you and/or your employer, although some elements of the account data may be generated by our website. If you log into our website using a social media account, we will obtain elements of the account data from the relevant social media account provider.

2.4    We may process information relating to our customer relationships ("customer relationship data"). The customer relationship data may include your name, the name of your business or employer, your job title or role, your contact details, your classification / categorisation within our customer relationship management system and information contained in or relating to communications between us and you, or between us and your employer. The source of the customer relationship data is you and/or your employer.

2.5    We may process information relating to transactions, including purchases of goods and/or services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your name, your contact details, your payment card details (or other payment details) and the transaction details. The source of the transaction data is you and/or our payment services provider.

2.6    We may process [information contained in or relating to any communication that you send to us or that we send to you ("communication data"). The communication data may include [the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms.

2.7    We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics www.google.com/analytics/policies/.

3.       Purposes of processing and legal bases

3.1    In this Section 3, we have set out the purposes for which we may process personal data and the legal bases of the processing.

3.2    Operations - We may process your personal data for the purposes of operating our website, the processing and fulfilment of orders, providing our services, supplying our goods, generating invoices, bills and other payment-related documentation, and credit control. The legal basis for this processing is our legitimate interests, namely the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

3.3    Publications - We may process account data for the purposes of publishing such data on our website and elsewhere through our services in accordance with your express instructions. The legal basis for this processing is consent and the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

3.4    Relationships and communications - We may process contact data, account data, customer relationship data, transaction data and/or communication data for the purposes of managing our relationships, communicating with you (excluding communicating for the purposes of direct marketing) by email, SMS, post, fax and/or telephone, providing support services and complaint handling. The legal basis for this processing is our legitimate interests, namely communications with our website visitors, service users, individual customers and customer personnel, the maintenance of our relationships, enabling the use of our services, and the proper administration of our website, services and business.

3.5    Personalisation - We may process account data and/or usage data for the purposes of personalising the content and advertisements that you see on our website and through our services to ensure that you only see material that is relevant to you]. The legal basis for this processing is our legitimate interests, namely the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

3.6    Direct marketing - We may process contact data, account data, customer relationship data and/or transaction data for the purposes of creating, targeting and sending direct marketing communications by email, SMS, post and/or fax and making contact by telephone for marketing-related purposes. The legal basis for this processing is our legitimate interests, namely promoting our business and communicating marketing messages and offers to our website visitors and service users.

3.7    Research and analysis - We may process usage data and/or transaction data for the purposes of researching and analysing the use of our website and services, as well as researching and analysing other interactions with our business. The legal basis for this processing is our legitimate interests, namely monitoring, supporting, improving and securing our website, services and business generally.

3.8    Record keeping - We may process your personal data for the purposes of creating and maintaining our databases, back-up copies of our databases and our business records generally. The legal basis for this processing is our legitimate interests, namely ensuring that we have access to all the information we need to properly and efficiently run our business in accordance with this policy.

3.9    Security - We may process your personal data for the purposes of security and the prevention of fraud and other criminal activity. The legal basis of this processing is our legitimate interests, namely the protection of our website, services and business, and the protection of others.

3.10  Insurance and risk management - We may process your personal data where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks and/or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

3.11  Legal claims - We may process your personal data where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

3.12  Legal compliance and vital interests - We may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person.

4.       Automated decision-making

5.       Providing your personal data to others

5.1    We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.

5.2    We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice.

5.3    Your personal data held in our website database of our hosting services providers at wix.com.

5.4   

5.5    Financial transactions relating to our website and services are handled by our payment services providers, wix.com. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at https://www.wix.com/about/terms-of-payments .

5.6   

5.7    In addition to the specific disclosures of personal data set out in this Section 5, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise, or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

6.       International transfers of your personal data

6.1    In this Section 6, we provide information about the circumstances in which your personal data may be transferred to a third country under Swiss and/or EU data protection law.

6.2    We may transfer your personal data from the European Economic Area (EEA) to Switzerland and process that personal data in Switzerland for the purposes set out in this policy, and may permit our suppliers and subcontractors to do so, during any period with respect to which the Switzerland is not treated as a third country under EU data protection law or benefits from an adequacy decision under EU data protection law; and we may transfer your personal data from Switzerland to the EEA and process that personal data in the EEA for the purposes set out in this policy, and may permit our suppliers and subcontractors to do so, during any period with respect to which EEA states are not treated as third countries under Swiss data protection law or benefit from adequacy regulations under Swiss data protection law.

6.3    We have offices and facilities in Switzerland.

6.4    The hosting facilities for our website are situated as specified by wix.com.

6.5   

6.6    You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

7.       Retaining and deleting personal data

7.1    This Section 7 sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

7.2    Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

7.3    We will retain your personal data as follows:

(a)    contact data will be retained for a minimum period of 1 year following the date of the most recent contact between you and us, and for a maximum period of 5 years following that date;

(b)    account data will be retained for a minimum period of 1 month following the date of closure of the relevant account, and for a maximum period of 1 year following that date];

(c)    customer relationship data will be retained for a minimum period of 1 year following the date of termination of the relevant customer relationship and for a maximum period of 5 years following that date;

(d)    transaction data will be retained for a minimum period of 1 year following the date of the transaction, and for a maximum period of 5 years following that date;

(e)    communication data will be retained for a minimum period of 1 year following the date of the communication in question, and for a maximum period of 5 years following that date;

(f)    usage data will be retained for 5 years following the date of collection.

7.4    In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained.

7.5    Notwithstanding the other provisions of this Section 7, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

8.       Security of personal data

8.1    We will take appropriate technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.

8.2    We will store your personal data on secure servers, personal computers and mobile devices, and in secure manual record-keeping systems.

8.3    The following personal data will be stored by us in encrypted form: your name, contact information, password(s) and cardholder data.

8.4    Data relating to your enquiries and financial transactions that is sent from your web browser to our web server, or from our web server to your web browser, will be protected using encryption technology.

8.5    You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

8.6    You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing our website confidential and we will not ask you for your password (except when you log in to our website).

9.       Your rights

9.1    In this Section 9, we have listed the rights that you have under data protection law.

9.2    Your principal rights under data protection law are:

(a)    the right to access - you can ask for copies of your personal data;

(b)    the right to rectification - you can ask us to rectify inaccurate personal data and to complete incomplete personal data;

(c)    the right to erasure - you can ask us to erase your personal data;

(d)    the right to restrict processing - you can ask us to restrict the processing of your personal data;

(e)    the right to object to processing - you can object to the processing of your personal data;

(f)    the right to data portability - you can ask that we transfer your personal data to another organisation or to you;

(g)    the right to complain to a supervisory authority - you can complain about our processing of your personal data; and

(h)    the right to withdraw consent - to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.

9.3    These rights are subject to certain limitations and exceptions. You can learn more about the rights of data subjects by visiting https://edpb.europa.eu/our-work-tools/general-guidance/gdpr-guidelines-recommendations-best-practices_en and https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.

9.4    You may exercise any of your rights in relation to your personal data [by written notice to us, using the contact details set out below.

10.    Third party websites

10.1  Our website includes hyperlinks to, and details of, third party websites.

10.2  In general we have no control over, and are not responsible for, the privacy policies and practices of third parties.

11.    Personal data of children

11.1  Our website and services are targeted at persons over the age of 18.

11.2  If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.

12.    Updating information

12.1  Please let us know if the personal information that we hold about you needs to be corrected or updated.

13.    About cookies

13.1  A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

13.2  Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

13.3  Cookies may not contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.

14.    Cookies that we use

15.    Cookies used by our service providers

15.1  Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

15.2  We use Google Analytics. Google Analytics gathers information about the use of our website by means of cookies. The information gathered is used to create reports about the use of our website. You can find out more about Google's use of information by visiting https://www.google.com/policies/privacy/partners/ and you can review Google's privacy policy at https://policies.google.com/privacy.

15.3  We publish Google AdSense advertisements on our website[, together with advertisements from the following advertisers and advertising networks that are distributed by Google: [identify and provide links to advertisers and networks]]. The advertisements may be personalised to reflect your interests. To help determine your interests Google and its partners use cookies.[ The relevant cookies served from our website are [identify cookies].] The cookies are used to track your previous visits to our website and your visits to other websites. You can opt out of Google's personalised advertising by visiting https://www.google.com/settings/ads and you can opt out of third party cookies use for personalised advertising by visiting http://www.aboutads.info. You can review Google's privacy policy at https://policies.google.com/privacy.

15.4  We use a Facebook pixel on our website. Using the pixel, Facebook collects information about the users and use of our website. The information is used to personalise Facebook advertisements and to analyse the use of our website. To find out more about the Facebook pixel and about Facebook's use of personal data generally, see the Facebook cookie policy at https://www.facebook.com/policies/cookies/ and the Facebook privacy policy at https://www.facebook.com/about/privacy. The Facebook cookie policy includes information about controlling Facebook's use of cookies to show you advertisements. If you are a registered Facebook user, you can adjust how advertisements are targeted by following the instructions at https://www.facebook.com/help/568137493302217.

15.5  We use wix.xom to run the website. This service uses cookies. You can view the privacy policy of this service provider at https://www.allaboutcookies.org/verify .

16.    Managing cookies

16.1  Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a)    https://support.google.com/chrome/answer/95647 (Chrome);

(b)    https://support.mozilla.org/en-US/kb/enhanced-tracking-protection-firefox-desktop (Firefox);

(c)    https://help.opera.com/en/latest/security-and-privacy/ (Opera);

(d)    https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e)    https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac (Safari); and

(f)    https://support.microsoft.com/en-gb/help/4468242/microsoft-edge-browsing-data-and-privacy (Edge).

16.2  Blocking all cookies will have a negative impact upon the usability of many websites.

16.3  If you block cookies, you will not be able to use all the features on our website.

17.    Cookie preferences

17.1  You can manage your preferences relating to the use of cookies on our website by visiting:

18.    Amendments

18.1  We may update this policy from time to time by publishing a new version on our website.

18.2  You should check this page occasionally to ensure you are happy with any changes to this policy.

18.3  We may notify you of significant changes to this policy.

19.    Our details

19.1  This website is owned and operated by Ludwika Piłat.

19.2  We are registered in Switzerland.

19.3  Our principal place of business is in Balerna, Switzerland.

19.4  You can contact us:

(a)    by email, using Ludwika at pilat.lu;

(b)    using our website contact form.

SHIPPING POLICY

1.      Introduction

1.1    In this policy we set out details of the delivery methods, periods and charges that apply to orders for our products made through our website.

1.2    This policy shall not create legally enforceable rights and obligations; rather, our usual practice in relation to the delivery of products is indicated in this policy.

2.      Free delivery

2.1    We offer free standard delivery to all paintings.

2.2    All other orders will be subject to delivery charges as detailed in Section 5.

3.      Geographical limitations

3.1    We will usually be able to deliver to the most countries and territories.

3.2    We may from time to time agree to deliver products to other countries and territories.

4.      Delivery methods and periods

4.1    The methods that we use to deliver our products, and the time periods within which delivery is usually completed, are as follows:

(a)    if your delivery address is in Switzerland, your package will be sent by Swiss B Post, and the typical period for delivery of products by this method is 2 working days.

(b)    outside Switzerland the carrier can vary, but usually it is Swiss Post or Italian Post. Delivery times vary as per the table. Customs charges may apply.

4.2    Processing time before shipping is 1-5 working days.

4.3    If you place your order by 3pm CET on a working day, these time periods run from the close of business on that day; if you place your order after 3pm CET on a working day, or on a non-working day, these time periods run from the close of business on the next following working day.

4.4    The delivery periods set out in this Section 4 are indicative only, and whilst we will make every effort to ensure that you receive your delivery in good time, we do not guarantee delivery before the end of the stated period.

4.5    We may conduct fraud screening checks before dispatching the product, and these checks may delay your delivery. If the delivery is likely to be delayed as a result of fraud screening checks, we will notify you.

5.      Delivery charges

5.1    Delivery charges will be calculated by our website and automatically applied to your order during the checkout process, or alternatively quoted by us.

5.2    Applicable delivery charges will depend upon the delivery method you select, the location of the delivery address, and the size and weight of the products in your order.

5.3    Our delivery charges are as follows:

(a)    approx. delivery charges will be (in CHF):

6.      Delivery tracking

6.1    Delivery tracking is available in respect of all orders for our products.

7.      Receipt and signature

7.1    Deliveries must be received in person at the delivery address. Signature delivery on request.

7.2    Our delivery service provider will notify you in advance of attempting to make a delivery requiring signature.

8.      Additional deliveries

9.      Collection

10.    Delivery problems

10.1  If you experience any problems with a delivery, please contact us using the contact details that we publish on our website or otherwise notify to you.

10.2  If our delivery service provider is unable to deliver your products, and such failure is your fault, and you do not collect your products from our delivery service provider within the relevant time limit, we may agree to arrange for re-delivery of the products; however, we reserve the right to charge you for the actual costs of re-delivery (even where the initial delivery was free of charge).

10.3  An indicative list of the situations where a failure to deliver will be your fault is set out below:

(a)    you provided the wrong address for delivery;

(b)    there is a mistake in the address for delivery that was provided;

(c)    the address for delivery is not reasonably accessible;

(d)    the address for delivery cannot safely be accessed;

(e)    if in-person receipt is not required, there is no easy and secure means of leaving the products at the address for delivery and there is no person available to accept delivery; or

(f)    if in-person receipt is required, there is no person available at the address for delivery to accept delivery and provide a signature.

RETURN & EXCHANGE POLICY

1.       Introduction

1.1    We understand that from time to time you may wish to return a product to us.

1.2    We have created this policy to enable you to return products to us in appropriate circumstances.

1.3    This policy shall apply to all of our customers, irrespective of their geographical location.

1.4    This policy shall apply to all orders submitted through our website.

1.5    This document does not affect any statutory rights you may have as a consumer.

2.       Returns

2.1    If you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us and receive a refund in accordance with this policy if:

(a)    we receive the returned product within 30 days following the date of dispatch of the product to you;

(b)    the returned product is unused, in its original and otherwise in a condition enabling us to sell the product as new;

(c)    you comply with the procedure set out in this policy in relation to the return of the product; and

(d)    none of the exclusions set out in this policy apply.

3.       Returns procedure

3.1    In order to take advantage of your rights under this policy, you must contact us to obtain a return authorisation number, and then send the product to us with a covering note quoting that number.

3.2   

3.3    You will be responsible for paying postage costs associated with returns under this policy.

4.       Exclusions

4.1    The following types of product may not be returned under this policy:

(a)    any product made to your specification;

(b)    any product made to order;

(c)    any product personalised or adapted for you; or

(d)    gift vouchers.

5.       Refunds

5.1    We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this policy.

5.2    We will refund to you the original delivery charges relating to the returned product.

5.3    We will not refund to you any costs you incur in returning the product to us.

5.4    We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

5.5    We will process the refund due to you as soon as possible and, in any event, within 30 days following the day we receive your returned product.

6.       Improper returns

6.1    If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in respect of that product:

(a)    we will not refund the purchase price or exchange the product;

(b)    we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and

(c)    if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

7.       Our details

7.1    This website is owned and operated by Ludwika Piłat.

7.2    We are registered in Switzerland.

7.3    Our principal place of business is in Balerna, Switzerland.

7.4    You can contact us:

(a)    by email, using Ludwika at pilat.lu;

(b)    using our website contact form.