General Terms and Conditions

These General Terms and Conditions (GTC) apply to all services offered by

AN IDEA FOR BUSINESS EDOARDO GUZZI
Allmendstrasse 54 8154 Oberglat ZH Switzerland

VAT: CHE-481.233.834

(hereinafter referred to as "DZID") https://dzid.ch is a project of that company. With the use of the services of DZID you accept the following conditions in full, without modification.

The user is required, before accessing the products and services provided by the site, to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.

You are encouraged to download and print a copy of the purchase form and these General Terms and Conditions of Sale, the terms of which DZID reserves the right to change unilaterally and without notice.
It is possible to use the site and thus access and purchase products and services provided by it in the following languages:
Italian, English, French and German.

The purchaser of the design, product or service acknowledges that these conditions have been translated from Italian. In case of divergence or contrast between this translation and the original Italian text, the latter shall prevail.

Summary of Topics

1. Subject

2. Sale of products and services

2.1 Services

2.2 Drawing up the contract

2.3 Forwarding products and services

2.4 Prohibition of resale

2.5 Advertising and draw a sort

2.6 Pricing

2.7 Payment

2.8 Return, Refund, Transfer and Replacement

2.9 Buyer's obligations while attending the event

2.10 Ticketcards

2.11 Vouchers

2.12 Skipoint

3. Contact tracing

1. Additional services of the organizers
2. Customer Responsibility
3. Rights of DZID

4. Warranty

5. Responsibilities

1. Intellectual Property
2. Final Provisions
   
   

1.Object

1.1 General

The use of personal data is regulated from the privacy policywhich is an integral and binding part of these GTC.

These General Conditions of Sale govern the offer, submission and acceptance of purchase orders for goods and services on DZID and do not govern, however, the provision of services or sale of products by parties other than the seller who are present on the same site through links, banners or other hypertext links.
Before placing orders and purchasing products and services from other parties, we suggest that you check their terms of sale.

1.2 Sale of products and services

1.2.1

DZID through the portal dzid.ch manages the sale of clothing, merchandesign, gadgets, accessories and works of artists. The purchasers of the products and services (hereinafter referred to as "purchasers") will be able to purchase through various sales channels (point 1.2.2) clothing, merchandesign, gadgets, accessories and works of artists (hereinafter referred to cumulatively as "products and services"). DZID makes possible the conclusion of direct contracts for products and services between designers (hereinafter referred to generically as "designers") and purchasers.

1.2.2

The subject of these GTC is the use of services provided by DZID to purchasers via the following sales channels: the websites dzid.ch, cartoonize.dzid.ch, unique.dzid.ch, the partner websites made available through DZID as well as the mobile applications of DZID (hereinafter referred to generically as the "web shop"), the call centers operated by and for DZID as well as the presale points operated by third parties (the web shop, the call centers and the presale points are hereinafter referred to as the "sales channels"). By using the respective services you accept these Terms and Conditions. It is possible that DZID will ask the buyer to repeat the acceptance of the GTC by clicking on the respective confirmation field in order to use the individual services.

1. Sale of products and services

2.1 Services

2.1.1

The terms and conditions of DZID accessible via web shops and other sales channels apply to all services. DZID may at any time change the range of services offered or suspend the provision of services.

2.1.2

In order to conclude the purchase contract, it will be necessary to fill in the electronic form and send it following the instructions.
It contains a reference to the General Conditions of Sale, information on each service purchased and images of each product and its price, the means of payment that can be used, the mode of delivery of products purchased and the related costs of shipping and delivery, a reference to the conditions for exercising the right of withdrawal, how and when to return products purchased. The vendor is not responsible for the possible inadequacy of the graphic representations of products shown if due to technical reasons, since the representations have a merely illustrative function.
Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
The contract is concluded when the seller receives the form filled in by the user, after checking the correctness of the data contained therein.
The purchaser will be obliged to pay the price from the moment in which the online order procedure is completed. This will be done by clicking on the "Buy Now" button at the end of the guided procedure.
Concluded the contract, the seller takes charge of the order for its evasion.

2.1.3

By using the services and products of DZID's partner companies, the purchaser agrees to the applicable terms and conditions and/or terms of use of such partner companies.

2.2 Drawing up the contract

2.2.1 Buyer's order

2.2.1.1

The summary of available products and services made available in the sales channels is only intended to invite the buyer to make a purchase offer. The buyer makes his choice via the sales channel. The selection made will be displayed in the shopping cart (web shop) or will be communicated to the buyer (purchase by telephone or at the point of sale). By confirming the order, the buyer submits a binding offer to purchase the selected products and services. The buyer is obliged to correctly and completely communicate all the necessary data for the ordering process.

2.2.1.2

It is the sole responsibility of the purchaser to place orders for products and services in a timely manner via the webshop (hereinafter referred to as "online ordering") or via the call center (hereinafter referred to as "telephone ordering").

2.2.2 Registration

2.2.2.1

In order to place an online order, the customer must log in to the Web Shop with his user name or e-mail address and password (hereinafter referred to as "access data"; the respective user account is referred to as the "online account"). If the customer does not yet have an online account, he/she will be asked to register in the web shop with the necessary data when placing his/her first online order.

In completing the registration procedures, the user is obliged to follow the instructions on the site and to provide their personal data in a correct and truthful manner.
The confirmation will in any case exempt dzid from any liability regarding the data provided by the user. The user is obliged to promptly inform dzid of any change in their data at any time communicated.
If then the user communicates inaccurate or incomplete data or even if there is a dispute by the parties concerned about the payments made, dzid will have the right not to activate or suspend the service until the remediation of their failures.
On the occasion of the first request for activation of a profile by the user, dzid will give the user a username and a password. The latter acknowledges that these identifiers constitute the validation system of the user's access to the Services and the only system capable of identifying the user that the acts performed through such access will be attributed to him and will be binding on him.
The user is obliged to keep his access data secret and to guard them with due care and diligence and not to pass them on, even temporarily, to third parties.

2.2.2.2

The access data transmitted to the purchaser is intended for personal use by the purchaser and must be treated confidentially. All orders placed via the online account are attributed to the buyer as the holder of the online account and are binding on him.

2.2.3 Order Confirmation

When ordering via web shops or if the customer provides his e-mail address to the call center, the buyer will receive a confirmation of the order by e-mail or SMS after the order process has been completed. It is expressly understood that this confirmation does not constitute an acceptance of the offer by DZID.

2.2.4 Acceptance via DZID on behalf of the designer

The contract for the purchase of a product or service between the purchaser of the products and services and the designer shall be deemed to have been entered into when the purchaser clicks on the "Complete Order" button at the end of the guided procedure. Shipment, provision, delivery or qualification shall only take place upon receipt of payment by the purchaser at DZID or at the point of pre-sale, regardless of the type of payment.

2.3 Forwarding products and services

2.3.1 General

2.3.1.1

The products and services will be forwarded or shipped, according to the choice made by the purchaser during the ordering process, in paper form to the postal address indicated by the purchaser, by e-mail with a link to download the PDF file of the ticket, by SMS to the cell phone number indicated by the purchaser, or in physical form with delivery to the presale point or to the purchaser's home.

2.3.1.2

The buyer is obliged to check the products and services as soon as he has received them. In particular in the case of customized products and services, the seller of the products and services is obliged to check that the personal data and requests made on the products and services have been made and/or printed correctly. The buyer must notify DZID within 3 working days of any damage to the products and services, or non-conformity with what was ordered, of the products and services transmitted by mail or electronically. If the purchaser fails to do so, the products and services submitted shall be deemed accepted (Art. 201 OR).

2.3.1.3

The use and risks shall pass to the buyer upon dispatch from DZID's premises (Art. 74, para. 2, number 2 OR). The buyer is responsible for the safe custody of the products and services. The replacement of damaged or lost products and services is excluded, subject to the provisions of clauses 2.3.2.3, 2.3.3 and 2.10.3.

2.3.2 Electronic transmission of products or services

2.3.2.1

The products or services made accessible through the link that will be communicated, upon payment received, with the order confirmation. The purchaser acknowledges that it is within their area of responsibility and risk to have the necessary technical equipment to receive the products or services.

2.3.2.2

Printed products or services must be stored with care. If the product or service is damaged, soiled or otherwise restricted, there is no right of access to a refund of the price paid by the purchaser.

2.4 Prohibition of resale

Any resale of the purchased products and services, in particular for commercial or profit-making purposes, is prohibited. Violations may result in the loss of the performance of the purchased products and services and may lead to claims for compensation and restitution of profits against the original purchaser and the purchasers of the products and services. Persons who violate the above provisions may be excluded from purchasing products and services. Unless specifically requested and approved by DZID.

2.5 Prices

2.5.1

The prices of the products and services accessible through the sales channels and/or indicated or communicated therein are exclusive of VAT (where applicable).

2.5.2

The sale price displayed in the Webshop includes the price of the product or service determined by the Designer plus service charges, less any payment and shipping charges. The sale price in the pre-sale points includes the price of the product or service set by the Designer net of POS order fees. The charges applicable to the individual sales channel, related to the type of shipment and/or the type of payment, will be displayed in the shopping cart or communicated to the Buyer during the ordering process.

2.6 Payment

2.6.1 Ordering by phone or online

In the case of telephone and online orders, payment shall be made by debiting the credit card indicated during the ordering process or deposited in the "My Account" area (Eurocard/MasterCard, Visa, American Express), by Postfinance payment (Postfinance Card, Postfinance E-Finance) or, exclusively for purchasers of products and services with residence in Switzerland or the Principality of Liechtenstein, by prepayment or Sofortbanking (e-banking). In the case of prepayment, payment must be made within 5 working days of the order date, in the case of e-invoicing within 2 working days of the order date. The date of the payment order shall be decisive for compliance with the deadline. DZID is free to decide which forms of payment to allow and if / when any products and services not paid within the time limit will be put back on sale.

2.7 Return, Refund, Transfer and Replacement

2.7.1 General

the right of withdrawal for products sold on dzid is not allowed as supply of goods and services made to measure and clearly personalized.
The user who would like to have information can contact us at: info@dzid.com

2.7.2 Transferring personalized products and services to another person

DZID will be the only one to decide whether and under what conditions personalized products and services may be transferred to another person. If the transfer is permitted, only the first purchaser will be able to have the transfer executed.

2.8 Vouchers

2.8.1

Purchasers of products and services through the sales channels may also purchase vouchers of different types. Regarding the use and validity of vouchers, the conditions stated on the Voucher description page apply.

2.9 DZID POINT (in draft)

4.2 Contract Conclusion

In order to conclude the purchase contract, it will be necessary to fill in the electronic form and send it following the instructions.
It contains a reference to the General Conditions of Sale, information on each service purchased and images of each product and its price, the means of payment that can be used, the mode of delivery of products purchased and the related costs of shipping and delivery, a reference to the conditions for exercising the right of withdrawal, how and when to return products purchased. The vendor is not responsible for the possible inadequacy of the graphic representations of products shown if due to technical reasons, since the representations have a merely illustrative function.
Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
The contract is concluded when the seller receives the form filled in by the user, after checking the correctness of the data contained therein.
The purchaser will be obliged to pay the price from the moment in which the online order procedure is completed. This will be done by clicking on the "Buy Now" button at the end of the guided procedure.
Concluded the contract, the seller takes charge of the order for its evasion.

1. Buyer and User Responsibilities

L'acheteur du billet comme l'utilisateur assument les responsabilités suivantes:

Buyer and user are responsible for having the required Internet connection to use DZID's services.

If the buyer and user are using a mobile app, they should keep it up to date.

The purchaser and user are responsible for complying with current safety regulations.

The access data and password must remain secret. The purchaser and the user are responsible for any use of the access data and passwords as well as for all actions taken in connection with the use of the online account and the user account. If, however, an unauthorised third party actually or potentially comes into possession of the access data, including passwords, of the online account and the user account, the buyer and the user are obliged to inform DZID immediately.

Buyer and user may use DZID's services only to the extent permitted by law.

Buyer and user must refrain from any action that compromises or could compromise the operation of the web shops, mobile applications or websites.

1. Rights of DZID

If the buyer and/or user violates these GTC, DZID has the right to temporarily or permanently block the affected services and/or access to the online account and/or user account.

VII. Warranty

7.1

DZID shall provide its services within the scope of its corporate resources and foreseeable requirements in an accurate and professional manner, to the extent that the foregoing is not rendered impossible by causes not the responsibility of DZID.

The "Digital Portrait" is an artistic work and as such is considered to be in accordance with the customer's requirements as soon as it is made.
The customer is offered the opportunity to review the drawing and request adjustments, additions and changes, this may result in additional costs that will be communicated to the customer prior to making these changes.
When the artist starts the production of the drawing (usually within 48 hours from the purchase) the product is considered accepted by the customer and the work cannot be interrupted.
The seller is responsible for any defect in the "prints on media" offered on the site, including the non-conformity of the items to the products ordered, in accordance with the provisions of Italian law.
If the purchaser has entered into the contract as a consumer, i.e. any natural person acting on the site for purposes unrelated to any business or professional activity carried out, this warranty is valid provided that the defect appears within 24 months from the date of delivery of the products; that the purchaser submits a formal complaint regarding the defects within a maximum of 14 days from the date on which the defect was recognized by the latter; that the online return form is properly completed.
In case of non-conformity, the purchaser who has entered into the contract as a consumer shall be entitled to have the products restored to conformity without charge, by repair or replacement, or to obtain an appropriate price reduction or termination of the contract with respect to the disputed goods and the consequent refund of the price. The digital portrait does not fall under this protection, and you can not get a refund of the price with regard to the latter.

All costs of returning prints on defective media will be borne by the vendor.

7.2

The purchaser and user are aware that DZID provides its services via the Internet or through communication networks. In particular, due to technical faults, operational faults and faults or interruptions in the communication networks or due to the failure of IT infrastructures, call center lines or other elements of the infrastructure necessary for the provision of services, there may be temporary limitations or interruptions in the provision of services by DZID. DZID therefore does not guarantee that its services will be available without interruption or failure.

VIII. Liability

8.1 Responsibility of DZID

8.1.1

In the event of a breach of its contractual obligations under these GTC, DZID shall have unlimited liability to the purchaser and/or user for direct and proven damage caused by DZID with intentions contrary to law or through gross negligence.

8.1.2

Liability for slight negligence and for indirect or consequential damages is expressly excluded. Consequential damage shall in particular be understood as loss of profit, damage to reputation and loss of data caused by a temporary limitation or interruption of the availability of DZID's services as well as caused by interruptions in distribution channels, transmission errors, delayed delivery of products and services, reservations or registrations for waiting lists, errors in the indication of prices or services and errors in the confirmation of reservations. Furthermore, DZID shall not be liable for the contents of websites of organizers and other third parties that link to DZID's web shops, mobile applications and websites or to which DZID's web shops, mobile applications and websites link.

8.1.5

Furthermore, DZID is not in a position to verify whether the designer correctly and completely fulfils his performance obligations arising from or in the context of the contract between the designer and the individual purchaser. Furthermore, DZID cannot verify whether the company is fully and properly fulfilling its performance obligations arising from or in the context of the contract between the company and the relevant user.

DZID shall be solely liable for any breach of contract, such as in particular inadequate organisation or execution of the event, cancellation of events in breach of the contract, inadequate quality of service, as well as for any breaches of duty by the purchaser of the products and services during participation in the events. This exclusion of liability shall also apply to non-contractual and non-contractual claims arising between the purchaser of the products and services and the Designer in the context of the execution of the contract, in particular the execution of the event and/or the use of the services provided by the Designer. This exclusion of liability shall also apply to non-contractual and non-contractual claims that arise between the Company and the User in connection with the execution of the contract.

The risks relating to the products will be borne by the purchaser from the moment of delivery. Ownership of the products will be deemed to have been acquired upon receipt of full payment of all amounts due in respect thereof, including shipping costs, or at the time of delivery, should this occur at a later date.

8.1.6

The above exclusions and limitations of DZID's liability shall not apply in the event of death, injury or damage to health caused directly and culpably by DZID, or in the event of binding statutory provisions, including the provisions of the Product Liability Act.

8.2 Liability of the purchaser

8.2.1

The purchaser of the products and services shall be liable to DZID without limitation for proven direct damage caused with intent contrary to law or through gross negligence. The liability of the buyer towards DZID for slight negligence is excluded.

8.2.2

Buyer shall reimburse DZID for any costs incurred in connection with the unauthorized or illegal use of Buyer's password for the products and services and/or the inaccurate, unauthorized or illegal use of the member card or ticket card (clause 2.10). Buyer shall also reimburse the designer and/or DZID for any damages arising from the unauthorized use of additional prints, altered prints, reproductions, copies or imitations.

8.3 User responsibility

You fully release DZID from all claims by third parties that arise from your use of DZID's services or may arise from your violation of these TOS.

1. Intellectual Property

The web shops, mobile applications and all content accessible via the web shops, mobile applications or websites of DZID (hereinafter referred to as "content") are protected by copyright and, unless otherwise agreed, are the sole and complete property of DZID. Web shops, mobile applications and websites may contain indications of third party rights of use and protection which must be observed by the buyer and user. Reproduction (in whole or in part), dissemination, transmission (electronically or by other means), modification, linking or use of the contents for public or commercial purposes is not permitted without the prior written consent of DZID.

In any case, the buyer and the user are prohibited from using the web shops, mobile applications or websites for the development of other services or from modifying, translating, reproducing or decompiling the source code or examining its functions, unless this is required by law.

1. Final Provisions

10.1

The place of performance for DZID's services, including delivery of products and services, shall be DZID's place of business.

10.2

Buyer waives its right to offset its claims against DZID.

10.3

DZID reserves the right to change these GTC at any time. The changes will be made available on the website or on the mobile applications of DZID and will come into force with their publication.

10.4

Should any individual provision or provisions of these GTC be or become invalid or unenforceable in whole or in part, this will not affect the validity and enforceability of the other provisions of these GTC or the purchase of the ticket, the use of contact tracing and/or further services. In such a case, the parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that is economically more similar to the provision to be replaced. The same applies by analogy if there are legal loopholes in these GTC.

10.5

These GTC and any disputes which may arise out of or in connection with the relationship between DZID and the buyer and the relationship between DZID and the user shall be governed exclusively by Swiss law, to the exclusion of the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

10.6

The exclusive place of jurisdiction for all disputes between DZID and the purchaser and between DZID and the user shall be the registered office of DZID. However, DZID shall be entitled to take action against the purchaser and the user at their place of residence.

Oberglatt, August 2021