General Terms and Conditions (GTC)

These General Terms and Conditions (hereinafter referred to as "GTC") are intended to govern contractual relationships as well as conditions of sale, cooperation, provision and use of the services offered by FENÊTRE À L'ART GmbH, both on FENÊTRE À L'ART GmbH premises and on the online store. These terms and conditions are concluded between FENÊTRE À L'ART GmbH (hereinafter referred to as "FENÊTRE À L'ART"), and any natural person or legal entity under private or public law who requests and benefits from the services of FENÊTRE À L'ART (hereinafter referred to as "Customer"). Both FENÊTRE À L'ART and the Customer are referred to as the "Parties" hereinafter. Access to the FENÊTRE À L'ART's premises (hereinafter referred to as  "Studio") are an integral part of these GTC.

Prices

Prices are given in CHF. Packaging and shipping costs are not included. These will be invoiced separately to the Customer according to the size, weight and type of the shipment as well as its destination.

Payment

Payment is made by one of the payment methods accepted by FENÊTRE À L'ART, either online or in person at the Workshop.

Pick-up

The goods ordered will be ready at the earliest on the date communicated to the Customer during his visit to the Workshop. Goods can be picked up in person at the Workshop during opening hours.

Shipping

Shipping is made upon request, after payment and availability of all the elements of the Customer's order. The order is sent by Swiss Post in B Mail. In case of shipping abroad, shipping costs differ according to the country of destination. FENÊTRE À L'ART cannot be held liable in case of damage caused during shipping.

Cancellation

All orders are firm and final. If applicable, the Customer will be informed of an event's cancellation, postponement or substantial modification by FENÊTRE À L'ART.

By registering for an event on the FENÊTRE À L'ART website, the Customer agrees to waive all claims against FENÊTRE À L'ART for reimbursement purposes. If a specific event qualifies for a rescheduling, it is expressly indicated in the description of the aforementioned event.

Return/Exchange

Since ceramic pieces are painted individually by the Customer, returns or exchanges are excluded. It is the Customer's responsibility to check the accuracy of his contact details (name, e-mail) when depositing the finished piece for firing.

Defects and Complaints

All ceramic pieces are hand-prepared by FENÊTRE À L'ART. Raw ceramic products are natural products and may present small irregularities or defects, such as small spots. Color deviations, glazing irregularities or small dots cannot be excluded due to the manual preparation process. Variations or gaps in color intensity may also occur due to insufficient color being applied. Such irregularities are normal in handmade objects and do not give any right of complaint.

A fired ceramic piece can no longer be worked on or corrected.

A ceramic piece that is cracked or broken during glazing or firing will be replaced. The customer will be given another opportunity to paint the replaced piece in the Workshop. The time investment is unfortunately not replaceable.

Firing Service

The clay provided by FENÊTRE À L'ART can be shaped and painted by the customer in the Workshop. These pieces can then be glazed and fired by FENÊTRE À L'ART. Ceramic pieces from third-party suppliers, i.e. distinct from FENÊTRE À L'ART, can be glazed and fired by FENÊTRE À L'ART. It is the Customer's responsibility to provide the correct firing instructions, such as firing curves (temperatures, gradients, durations). FENÊTRE À L'ART is not liable for damage before, during and after firing. Replacement in this case is also excluded. 

Image rights

FENÊTRE À L'ART reserves the right to take photographs of the ceramic pieces, before and/or after their preparation and firing. These photographs may be used for advertising purposes on any medium (physical, virtual and/or online).

Responsibility

All products, services and offers from FENÊTRE À L'ART are without obligation. FENÊTRE À L'ART reserves the right to modify parts or all of the assortment or services, to add to them, to delete them or to temporarily or permanently stop selling them without prior notice and in its sole discretion.

If the Customer resells any FENÊTRE À L'ART's products, she/he is liable to his/her buyer, FENÊTRE À L'ART or any third party for compliance with national and foreign trade regulations and/or other laws such as export regulations, and assumes full responsibility for any damage incurred.

Force majeure

Force majeure is defined as an unforeseeable and/or unavoidable event beyond the control of FENÊTRE À L'ART. FENÊTRE À L'ART is not liable if the execution of the services ordered by the Customer, or of any obligations incumbent upon FENÊTRE À L'ART under these GTC, is prevented, limited or disturbed due to fire, explosion, transmission network failure, building collapse, epidemic, death of an employee, earthquake, flood, power failure, war, embargo, law, injunction, request or requirement of any government, strike, boycott, withdrawal of authorization of the telecommunication operator, or any other circumstance beyond the reasonable control of FENÊTRE À L'ART ("force majeure"). FENÊTRE À L'ART, subject to prompt notification to the Customer, shall be excused from performance of its obligations to the extent of such impediment, limitation or disruption, and the Customer shall likewise be excused from performance of its obligations to the extent that such party's obligations relate to the performance so impeded, limited or interfered with, provided that the party so affected shall use its best efforts to avoid or remedy such causes of non-performance and that both parties shall proceed promptly when such causes have ceased or been removed. For all practical purposes, it is specified that the financial impossibility for the Customer to pay the fees related to the services of FENÊTRE À L'ART can never be considered as a case of Force majeure.

Final provisions

Any dispute between FENÊTRE À L'ART and the Customer shall be submitted to the exclusive jurisdiction of the ordinary courts of the Canton of Bern, subject to recourse to the Federal Court. Swiss law is exclusively applicable, excluding the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Convention).

In case of doubt, the French version of the GTC is authoritative.

Bern, October 31, 2022