Terms and Conditions of Sale

Introduction

By placing an order (the “Order”) on www.irastudio.ch, customers are purchasing a product which is subject to the following terms and conditions of sale (the “General Terms and Conditions” or “T&C”). The General Terms and Conditions always apply to any interaction between a customer (the “Customer/s”) and Ira Studio (“Ira”).

The Customer must read the General Terms and Conditions prior to placing the Order, the T&C being available on www.irastudio.ch (the “Website”). Consequently, placing an Order shall entail the Customer’s full prior and unreserved acceptance of the General Terms and Conditions.

Ira reserves the right to adapt or modify these General Terms and Conditions at any time. The version of the T&C that is applicable to a sale shall be the one appearing online on the Website at the time of the Order. 

Article 1 Definitions

Ira Studio: a company established under Swiss law, under the trade name ”Ira studio klg”, and hereby referred to as Ira.

Website: the website www.irastudio.ch and all of its sub-domains. 

Customer: the person who enters into an agreement with Ira. 

Product(s): the product(s) as offered on the Website. 

Agreement: any arrangement between Ira and the Customer for which the General Terms and Conditions are applicable. 

Article 2 Applicability of the General Terms and Conditions

2.1 The General Terms and Conditions apply to all offers and deliveries from, and agreements with, Ira unless otherwise explicitly agreed in writing.

2.2 If the Customer requires other provisions or terms, such provisions will only be binding provided that Ira has explicitly accepted them in writing.

Article 3 Products, Prices and information

3.1 All prices displayed on the Website and on other materials originating from Ira, include taxes and other levies imposed by the government, unless otherwise stated.

Ira reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of placement and payment of the Order, subject to availability.

3.2 If shipping costs are charged, these will be clearly stated on the Website before the agreement is concluded. The shipping costs will be displayed separately in the ordering process. 

3.3 Ira is not responsible for any required import duties or taxes on products which are delivered outside of Switzerland. Customs duties and other taxes must be paid by the Customer directly to the carrier. For Switzerland, these will be borne by Ira.

3.4 The content of the Website is created with considerable care and attention to detail. However, Ira cannot guarantee that all information on the site is displayed correctly and/or is complete at all times. All prices and other information displayed on the Website and on other materials originating from Ira could include typographical and/or technical errors. As such, Ira cannot be held responsible for such errors and reserves the right to correct them at all times. 

3.5 Ira cannot be held responsible for any deviations between the physical color of the product and the color of the product as displayed on the Website. Ira takes the utmost care in the presentation and description of its Products in order to provide Customers with the best possible information. However, it is possible that errors may appear on the Website, which the Customer acknowledges and accepts. Ira does not guarantee the accuracy of information transmitted or obtained via the Websites. Thus, the photographs, graphics and descriptions of the products offered for sale are only indicative and shall in no way be binding for Ira. In particular, the photographs illustrating the Products may differ slightly from reality due to the lighting when the photographs were made or due to color filters applied in social media posts, provided that these are slight and not deceiving. 

3.6 Ira reserves the right to withdraw at any time any Product displayed on the Website and to replace or modify any content or information appearing thereon. Despite Ira’s best efforts to satisfy its Customers’ expectations, Ira may refuse to process an Order after having sent the Customer the confirmation e-mail summarizing such Order. Ira also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous Order, who has acted in breach of these T&C, in case of suspicious return of Products or generally, in the event of objective suspicion of fraud. 

Ira formally prohibits the use of its Website for professional purposes, in particular with a view to purchase for resale on a professional basis. Consequently, Ira reserves the right to refuse an Order placed by a professional or by a person clearly acting for professional purposes, in particular if the quantity of items ordered unusually exceeds the needs of a consumer. 

Article 4 Execution of the agreement 

4.1 Ira is authorized to engage any third parties in the fulfillment of its obligations under the agreement. 

4.2 If Ira is unable to deliver the products within fourteen (14) days after acceptance of the Order, it will notify the Customer accordingly. In such an event, the Customer can decide to either agree to a new delivery date or to dissolve the agreement without incurring any costs. Ira cannot be held liable for any delay in the delivery process.

The countries in which the Customer may place an order and have it delivered are those listed on the Website.

4.3 Ira recommends that the client inspect the products upon receipt and report any defects within five (5) days after delivery, in writing or by email. 

Article 5 Return

5.1 The client has the right to return the product within fourteen (14) days after the product has been delivered.

5.2 The client must inform Ira of their wish to return the product by sending an e-mail to “contact@irastudio.ch” within the aforementioned period of fourteen (14) days after delivery. This e-mail should include the following information: order number, name, phone number, e-mail address and delivery address. The client will have an additional ten (10) days to return the item, and must bear the costs for shipping the products to Ira. Only delivery charges corresponding to a standard delivery of the Order will be reimbursed to the Customer. Consequently, the Customer agrees that if he/she selects a more expensive delivery method for his/her Order, he/she will not be reimbursed for the price in excess of the standard delivery price. 

5.3 Returned Products must be unused and undamaged. Returns which do not meet these conditions will not be accepted. 

In the event of objective suspicion of fraud or confirmed fraud, the Customer shall not be eligible for a refund of his/her Order and delivery charges by Ira. Behavior considered fraudulent shall include, but not be limited to, any manifest bad faith or abusive or excessive behavior on the part of the Customer with respect to delivery or return (e.g., a Customer who claims not to have received all or part of his/her Order despite all evidence to the contrary, a Customer who wears or degrades the Products before returning them to Ira).

5.4 The Customer is responsible for the chosen shipping method of the return, and Ira is not responsible for any loss or damage which may occur during the return process. The liability for the returned product is transferred to Ira once the product has been received and verified. 

5.5 After receiving and accepting the returned product, Ira will refund the price of the Product itself within ten (10) days. 

Article 6 Payment 

6.1 The Customer shall pay the amounts due to Ira in accordance with the ordering process and through the payment method available on the website. 

Article 7 Warranty

7.1 Ira commits that the Products are suitable for their intended use, as described on the Website. 

Ira shall only be bound to deliver Products that comply with the contractual provisions. The Products shall be deemed to comply with the contractual provisions if the following conditions are met: (i) they comply with the description and possess the characteristics set out on the Website; (ii) they are suitable for the purposes for which products of this type are generally designed; (iii) they meet the quality criteria that are generally accepted for products of the same type and that can reasonably be expected.

7.2 If the delivered Product fails to satisfy the agreement at delivery, Ira must be notified within fourteen (14) days after delivery. 

Article 8 Complaints

8.1 If the Customer has any grievances relating to a Product, or regarding any other aspects of the Website or services of Ira, they may submit a complaint by email to contact@irastudio.ch

8.2 Ira will respond to the complaint as soon as possible, and in any case within ten (10) days after receipt of the complaint.

Article 9 Liability

9.1 The total liability of Ira, in respect to the Customer, resulting from an attributable failure to perform the agreement is limited to a compensation which does not exceed the price of that particular agreement. 

9.2 Ira cannot be held liable for any indirect damages or losses, including, but not limited to, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption. 

9.3 Any event giving rise to compensation is always subject to the condition that the Customer reports the damage or loss in writing to Ira as soon as possible, but no later than within ten (10) days after the damage or loss has arisen. 

Article 10 Retention of Product.

10.1 As long as Ira has not received full payment for the Product/s - in principal, charges, taxes and compulsory contributions included - Ira will retain the ownership of the Product/s.  

Products entrusted to and accepted by Ira for repair or alteration and not collected by the Customer within a period of six (6) months from the initial date indicated by Ira for collection shall be deemed abandoned within the meaning of the law and Ira may dispose of them by the means of its discretion. After this period, any claim shall be considered inadmissible.

Article 11 Personal details

11.1 Ira will process the client’s personal data in accordance with the privacy policy as published on the Website.

Article 12 Content ownership

12.1 All intellectual and other property rights, such as text, graphics, images, icons and trademarks and trade names, featured in the information and materials on the Website are owned by Ira. Access to this information does not entitle the user to any rights. These materials may not be copied, distributed or used for any other purpose without the express written consent of Ira, except as otherwise allowed by law. 

Article 13 Final provisions

13.1 The General Terms and Conditions are constructed in accordance with and shall be exclusively governed by the laws of Switzerland.

13.2 Any dispute arising out of, or in connection with, the General Terms and Conditions, including disputes concerning the existence and validity thereof, may be resolved by the relevant Swiss court in the district where Ira has its registered office. 

13.3 In the event that any of the provisions contained in the General Terms and Conditions will be deemed invalid or unenforceable, then such provisions will be revised to affirm the original intention of Ira.