Allgemeine Geschäftsbedingungen

Last updated: 19 May 2025

Welcome to atelier-boanta.ch. These Terms & Conditions (“Terms”) govern your access to and use of our website and the purchase of products from Atelier Boanta, a sole proprietor business operated by Silviu-Ștefan (Dialogplatz 10, 8400 Winterthur, Switzerland). By placing an order or using this site, you agree to these Terms in full.

1. Definitions

We/Us/Our: Atelier Boanta, the sole proprietorship operated by Silviu-Stefan.

You/Customer: Any individual or entity accessing the site or placing an order.

Products: All items offered for sale, including but not limited to 3D-printed pieces, Jesmonite elements, and candles.

Custom/Personalized Items: Made-to-order personalized Products (e.g., bespoke colors, scents, logos).

Standard Items: Made-to-order Products offered in predefined aesthetic criteria.

Order Confirmation: The email confirming receipt of your order.

Shipment Confirmation: The email confirming the dispatch of your order.

Delivery Date: The date the carrier confirms delivery to the address you provided.

2. Orders & Contract Formation

2.1 Made-To-Order Production

All Products are produced only after you place an order and we send an Order Confirmation. Production does not begin until payment is received in full (see Section 3).

2.2 Binding Agreement

Your order constitutes an offer to purchase under these Terms. A binding contract is formed when we send the Order Confirmation email. Please review carefully and notify us immediately of any errors.

2.3 Order Refusal & Quantity Limits

Notwithstanding contract formation, we reserve the right to refuse or cancel any order (in whole or in part) at our sole discretion, including orders that appear to be placed by dealers, resellers, or distributors. We may limit or cancel quantities purchased per customer, household, billing address, or shipping address. If we refuse or cancel your order, we will notify you and refund any amounts already paid.

3. Prices & Payment

3.1 Pricing & VAT

• If our annual turnover remains below CHF 100,000, prices do not include VAT.

• Once turnover exceeds the Swiss statutory threshold (currently CHF 100,000), VAT at the current rate will be added and clearly itemized.

3.2 Payment Methods

• Invoice: Payable by return email; payment due within 7 days.

• Credit/Debit Card: Processed securely via the WIX providers' services.

• Bank Transfer: Account details provided in the invoice.

3.3 Payment Terms

Full payment is due before production begins. We reserve the right to suspend or cancel production if payment is not received within 7 days of Order Confirmation.

3.4 Sales Tax, Currency & Pricing Errors

All prices are quoted in Swiss Francs (CHF). Where applicable, sales tax (VAT or other duties) will be added to the price as required by law and itemized at checkout. You agree to pay all charges at the prices then in effect, including shipping costs and any taxes. You authorize us to charge your chosen payment provider upon placing your order. We reserve the right to correct any pricing errors or mistakes—even if we have already requested or received payment—by either refunding the difference or requesting the additional amount due.

4. Shipping & Delivery

4.1 Shipping Destinations

We ship worldwide, at our discretion, subject to carrier availability and any applicable import/export restrictions.

4.2 Carrier & Services

All orders ship via Swiss Post standard services unless otherwise agreed.

4.3 Shipping Costs & Import Duties

We offer free shipping on qualifying orders based on destination and order value:

For customers in Switzerland, shipping is free on orders over 99 CHF.
For international customers, shipping is free on orders over 199 CHF.

If your order total is below the free shipping threshold, standard shipping rates apply. These rates are calculated at checkout and depend on your location, the weight of the items, and the dimensions of the parcel. For small international parcels up to 2 kg, shipping starts at 30 CHF. Larger or heavier packages may cost up to 200 CHF, especially for orders weighing up to 30 kg or for oversized items. All shipping fees are calculated at checkout based on shipping rules and current Swiss Post rates.

Import duties, taxes, and brokerage fees (if any) are the sole responsibility of the Customer. This includes any tariffs recently introduced in countries such as the USA or other government-imposed import charges. If such fees are billed to us by customs authorities, we reserve the right to invoice the Customer directly. Failure to pay these charges may result in sanctions as outlined in Section 8 of these Terms & Conditions.

4.4 Delivery Timing

Our stated timeframes refer exclusively to order processing—the time needed to prepare and package your items for dispatch—and do not include shipping/transit time. Processing times are as follows:

In-stock items: Orders are typically processed and dispatched within 3–5 business days from Order Confirmation. Please note that during high order volumes, holidays, or in case of illness, processing may take up to 15 business days, as all products are prepared and packed by hand by a single maker.
Out-of-stock, custom, or personalized items: Processing times will be communicated directly via email after your order is placed.

Once your order is shipped, carrier transit time applies based on the destination and service level. Please refer to Swiss Post’s official delivery estimates for further details.

4.5 Signature Requirement

All packages require a recipient's signature to ensure safe delivery.

4.6 Product Information Disclaimer

We make every effort to display the colors, features, specifications, and details of products on our site as accurately as possible. However, we do not guarantee that your electronic display will reflect the actual Product colors or details. All Products are subject to availability; we cannot guarantee stock levels. Prices and availability may change without notice, and we reserve the right to discontinue any Product at any time.

4.7 Fragile Product Handling

All Products are decorative and inherently fragile. We package each item using protective materials (e.g., bubble wrap, foam inserts, and sturdy boxes) to industry best-practice standards. Upon receipt, please handle your order with care and retain all original packaging until you confirm the item’s condition. However, we do not guarantee that your electronic display will reflect the actual Product colors or details.

4.8 Risk of Damage or Loss

Risk of loss or damage remains with Atelier Boanta until the goods are delivered to you (or to a person you designate).

5. Cancellations

5.1 Cancellation Window

You may request cancellation at any time after Order Confirmation and before we send Shipment Confirmation.

5.2 Free Cancellation (for standard Products only)

Standard (in-stock) Items may be cancelled free of charge up until the Shipment Confirmation is issued.

5.3 Cancellation Fee (applied to customized/personalized Products)

Custom-made Items fall into two categories for cancellation purposes:

a. Fully Bespoke, Non-Resellable Items
These products are personalized with unique details—names, messages, logos, and so forth—that cannot be resold. You may cancel free of charge within 48 hours of Order Confirmation. After that window and before Shipment Confirmation, a cancellation fee equal to the value of any items already completed will apply. For example, if you order four personalized pieces and two are finished at cancellation, you will be refunded only for the two unmade items; shipping fees are non-refundable and will be used to deliver the two completed pieces to you.

b. Semi-Customizable, Potentially Resellable Items
These items are customized only by color or scent combinations that could be offered again to other customers. You may cancel at any time between Order Confirmation and Shipment Confirmation. Depending on the specific circumstances, we will charge a cancellation fee of between 0 % and 75 % of the total Product value (excluding shipping), proportional to the number of items already manufactured. This fee compensates for the loss in value resulting from custom choices that may not align with our brand standards. In such cases, we will inform you of your options:

You pay the cancellation fee and we retain all completed items; or
The completed items are shipped to you (using the paid shipping fee) and you receive a refund only for the unmade items.

5.4 Customer Fairness

We value our customers and aim to maintain equitable cancellation terms while safeguarding our brand from misuse. In exceptional cases, and at our sole discretion, we may waive or reduce cancellation fees after reviewing your situation. Please contact us to discuss any special considerations.

5.5 How to Cancel

Email contact@atelier-boanta.ch with the subject line “Cancellation Request” and include your order number. We will acknowledge receipt of your request via email within 3 business days and confirm it within 2 business days.

5.6 No Cancellation After Dispatch

Once Shipment Confirmation has been sent, cancellations are no longer accepted. In such cases, the return terms (sections 6 or 11) will be enforced.

6. Returns & Refunds (except for EU and UK)

6.1 Returns of Standard Items

• You must request a return and ship the item back within 14 calendar days of the Delivery Date.

• Items must be unused, in original packaging, and free from any damage to qualify for a full refund.

• The Customer is responsible for carefully packing returned Products to prevent damage and must include all original components, accessories, and packaging materials shipped with the order.

• Provide proof of shipment (tracking number or postage receipt).

• Returns arriving damaged (including breakage) or showing signs of use (further than normal inspection handling) will be deemed ineligible and will not be refunded unless covered under Section 6.3 (Damage in Transit) with proper prior notification.

• Returns missing the original packaging or original components are eligible for partial refunds only. The loss of value caused by missing the original package or original components will be deducted from the refund amount.

• Return shipping costs are borne by the Customer; use a signed-for carrier service.

• Upon valid return, you will be refunded all payments received from you, including the cost of standard delivery. You remain responsible for the direct cost of returning the goods.

6.2 Custom Items

• Custom Items are non-returnable and non-refundable except for damage during transit (see Section 6.3).

• Unsolicited returns will be refused and returned at your expense.

• Such refused returns will only be shipped back to you after we have received payment for the return shipping costs.

6.3 Damage in Transit

• Sign for delivery, noting any visible damage.

• Email photos of the damaged Product and packaging to contact@atelier-boanta.ch within 24 hours of the Delivery Date.

• At our discretion, we will replace the item at our cost or issue a full refund (including original shipping).

All packages must be collected within the carrier’s designated pickup or delivery window.

If a package is not claimed in time and is returned to us, no refund will be issued for the original order.
The Customer will be invoiced for all return-to-sender shipping costs, which are payable immediately upon receipt.
Unpaid invoices for return shipping are subject to sanctions as outlined in Section 8 of these Terms & Conditions.
Re-shipment of the order may be arranged upon request and will be invoiced separately.

8. Unpaid Invoices & Legal Action

All amounts due—including product costs, shipping fees, return costs, and any import duties or tariffs—must be paid in full upon receipt of the invoice.
Invoices not paid within 30 calendar days from the date of issue will be considered in default.
We reserve the right to initiate debt collection procedures or pursue legal enforcement through the appropriate courts in Zurich, Switzerland.
The customer shall be fully liable for all costs incurred in connection with the recovery of unpaid amounts, including but not limited to collection agency fees, legal expenses, court costs, and interest on overdue payments.

9. Warranty & Liability

9.1 Product Warranty

We warrant that the Products are free from material defects in workmanship and materials at the time of dispatch. As all Products are custom-made—often combining manual techniques and 3D-printing—individual items may vary in appearance and may not exactly match the images shown on our website. Minor variations (e.g., slight color shifts, surface texture irregularities, or small characteristics such as air bubbles sometimes perceived as “imperfections”) are inherent to these manufacturing methods and are not considered defects; they therefore fall outside this warranty. Because our Products are decorative and fragile, minor chips or cracks resulting from normal display or handling do not qualify as defects and are not covered by this warranty.

9.2 Reporting Defects

Notify us of any transit-related defects within 24 hours of the Delivery Date by emailing contact@atelier-boanta.ch with photos and a description of the issue.

Notify us of any non-transit-related defects within 2 months of discovering the defect, and in any event, no later than 2 years from the Delivery Date (the statutory guarantee period).

9.3 Right to Return

This warranty is separate from your statutory and contractual return rights. You may still return eligible Products in accordance with Section 6 if they meet the specified return criteria.

9.4 Limitation of Liability

Subject to any mandatory provisions of applicable consumer-protection or other laws in your jurisdiction, and except in cases of gross negligence or willful misconduct, our total aggregate liability for any claim arising out of or in connection with a Product shall be limited to the purchase price you paid for that Product. To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, consequential or special damages. Nothing in this clause shall restrict any rights you may have under mandatory laws in your country or region.

10. Force Majeure

10.1 Force Majeure measures

Atelier Boanta is not liable for any failure to perform or delay in performing our obligations caused by events outside our reasonable control, such as natural disasters, fires, floods, epidemics, war, terrorism, labor strikes, or government restrictions. If such an event occurs, we will notify you as soon as possible and will do our best to minimize the impact. Our obligations will be suspended for the duration of the event.

10.2 Extended Force Majeure Option

If a force majeure event continues for more than 90 days and makes it impossible to deliver your order, either we or you may cancel the order, and we will provide a refund for undelivered goods.

10.3 No Penalty for Force Majeure Cancellation

Cancellation due to force majeure will not be considered a breach of contract, and you will be entitled to a refund of any payment for undelivered items, with no further liability on either side.

11. Right of Withdrawal (Returns & Refunds for EU & UK Consumers)

11.1 Standard items

If you are a consumer in the EU or UK, you may withdraw from your purchase of a standard product within 14 calendar days of the Delivery Date by emailing contact@atelier-boanta.ch with your name, order number, and a clear statement of withdrawal. To be eligible for a refund:

• You must ship the item back within 14 calendar days of sending your withdrawal notice.

• Items must be unused, in original packaging, and free from any damage to qualify for a full refund (excluding the shipping costs).

• The Customer is responsible for carefully packing returned Products to prevent damage and must include all original components, accessories, and packaging materials shipped with the order.

• Provide proof of shipment (tracking number or postage receipt).

• Returns arriving damaged (including breakage) or showing signs of use (further than normal inspection handling) will be deemed ineligible and will not be refunded unless covered under Section 11.3 (Damage in Transit) with proper prior notification.

• Return shipping costs are borne by the Customer; use a signed-for carrier service.

• Upon valid return, you will be refunded all payments received from you, including the cost of standard delivery. You remain responsible for the direct cost of returning the goods.

11.2 Custom Items

• Custom Items are non-returnable and non-refundable except for damage during transit (see Section 11.3).

• Unsolicited returns of custom items will be refused and returned at your expense.

• Such refused returns will only be shipped back to you after we have received payment for the return shipping costs.

11.3 Damage in Transit

• Sign for delivery, noting any visible damage.

• Email photos of the damaged Product and packaging to contact@atelier-boanta.ch within 24 hours of the Delivery Date.

• At our discretion, we will replace the item at our cost or issue a full refund (including original shipping).

Fragile Item Inspection: Because our Products are fragile, you must inspect both packaging and items immediately upon delivery and note any visible damage or breakage on the carrier’s receipt. Failure to do so may void your right to claim transit damage.

11.4 Dispute Resolution

These terms and any disputes regarding returns, refunds, or cancellations are governed by Swiss law. Nothing in this clause shall affect your mandatory rights as a consumer in the European Union or the United Kingdom. If you are acting as a consumer in the EU or UK, you may bring proceedings against us either in the courts of your country of residence or in the courts of the Canton of Zurich. All other disputes (including those with non-consumer parties) shall fall under the exclusive jurisdiction of the courts of the Canton of Zurich.

12. Alternative Dispute Resolution (EU Consumers)

EU consumers may use the European Commission’s ODR platform at https://ec.europa.eu/consumers/odr for out-of-court dispute resolution, without prejudice to their right to bring claims in Zurich.

13. Age Restrictions

You must be at least 18 years old or have parental/guardian consent to purchase digital or physical Products. By ordering, you confirm that you meet these requirements.

14. Assignment

Neither party may assign rights or obligations under these Terms without prior written consent of the other, except we may assign our right to receive payment. Atelier Boanta may also assign or transfer its rights and obligations under these Terms (for example, upon sale or reorganization). Any assignee will be bound by these Terms and continue to honor your order and warranty rights.

15. Entire Agreement & Severability

These Terms, together with our Privacy Policy and Cookies Policy, constitute the entire agreement. If any provision is invalid, the remainder remains in effect.

16. Privacy & Cookies Policy

By ordering, you acknowledge and accept our Privacy Policy and Cookies Policy, available in the Legal section of this website, which explain how we collect, use, and store your data.

17. Delayed Shipments & Right to Cancel

If we anticipate a delay in dispatching your order beyond the originally communicated processing timeframe, we will notify you via email with a revised dispatch date. Upon sending this notification, you have 48 hours to cancel free of charge. If you do not cancel within this 48-hour window, any cancellation request thereafter will incur the standard cancellation fee outlined in Section 5. If we still fail to dispatch your order by the revised dispatch date, you may cancel your order free of charge at any time after that date by emailing contact@atelier-boanta.ch, and any payments made will be refunded in full.

18. Changes to Terms

We reserve the right to amend or update these Terms at any time without prior notice. Any changes will become effective immediately upon posting on our website and will be reflected in the “Last updated” date at the top of this document. Changes to these Terms will apply only to orders placed after the effective date; any orders already confirmed will remain governed by the Terms in effect at the time of their Order Confirmation. Your continued use of our site or placement of an order after such updates constitutes your acceptance of the revised Terms.

19. Intellectual Property Rights

All content on atelier-boanta.ch, including text, images, graphics, designs, source code, and trademarks, is the property of Atelier Boanta or its licensors and is protected by Swiss and international intellectual property laws. You may access and view the site content for personal, non-commercial use only. Any reproduction, distribution, modification, or public display of our content without our prior written permission is prohibited.

19.1 Product usage

We grant you a limited license to use our products for their intended purpose. You may not reproduce or resell our designs without authorization.

19.2 User-generated content license

By sending us any feedback, images, or content, you confirm you have the right to do so and you give us permission to repost or use it in connection with our business (for example, sharing your photo of our product on our Instagram). If you prefer we not reuse your content, please let us know in writing at contact@atelier-boanta.ch.

20. Indemnification

You agree to indemnify and hold harmless Atelier Boanta and its owner from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from your breach of these Terms, your misuse of the site, or your violation of any applicable law or third‑party rights.

21. Electronic Communications

By using the Services or sending emails to us, you consent to receive electronic communications from Atelier Boanta. These communications may include notices about your orders, updates to the Terms, and other information concerning products and Services. All agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that they be in writing.

22. Prohibited Activities

When using our site and Services, you must not:

• Violate any applicable law or regulation;

• Use automated scripts or bots to access or interact with the site;

• Reverse-engineer, decompile, or otherwise attempt to discover the source code of the site or any part thereof;

• Interfere with or disrupt the integrity or performance of the site or its data;

• Use the site to transmit any harmful or malicious code.

• Use Products for any illegal, unauthorized, or criminal activity.

Atelier Boanta disclaims any liability for any harm or damages resulting from such unlawful use. Any violation of these prohibitions constitutes a material breach of these Terms and may subject you to legal liability.

23. Contact Us

For questions or concerns about these Terms, or to request permission for authorized use of our content, please contact us at contact@atelier-boanta.ch or by mail at Dialogplatz 10, 8400 Winterthur, Switzerland.

24. Third-Party Websites & Content

Our site may include links to third-party websites or resources (“Third-Party Content”). We do not control, endorse, or monitor these sites or their content, and are not responsible for their accuracy, legality, or any harm resulting from your visit or reliance on them. If you leave our site to access a third-party site, you do so at your own risk and should review their terms and privacy practices.

25. Service Availability & Management

We strive to keep the site and our Services available, but we do not guarantee uninterrupted access. We may suspend, modify, or discontinue the site or any feature at any time for maintenance, updates, or other reasons, without notice or liability. We reserve the right to monitor use, remove any content that threatens the site’s integrity or security, and take legal action against violators.

26. Privacy & Data Transfers

Our Privacy Policy explains how we collect, use, and protect your personal data. Please review it at /privacy-policy. By using our site, you consent to data transfer and processing in Switzerland, which may have different legal protections than in your country.

27. Governing Law & Jurisdiction

These Terms are governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods. If you are an EU consumer, you also retain any mandatory protections under your local laws. Disputes arising from these Terms shall be resolved by the courts of the Canton of Zurich, unless you have the right to bring claims in your country of residence.

28. Dispute Resolution

28.1 Informal Negotiations

We are committed to customer satisfaction. If you have any concerns or complaints, please contact us at contact@atelier-boanta.ch. We will do our best to resolve the issue amicably. Before initiating any formal proceedings, the parties agree to attempt in good faith to resolve disputes by providing written notice and negotiating for at least 30 days.

28.2 Arbitration

If informal negotiations fail, all disputes arising from or relating to these Terms shall be resolved by binding arbitration in Zurich, Switzerland, under the rules of the European Centre for Arbitration. The language of the proceedings shall be German, and Swiss substantive law applies.

28.3 Exceptions to Arbitration

The following claims are not subject to arbitration and may be brought before the courts listed in Section 27:

• Disputes seeking to enforce or protect intellectual property rights.

• Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use.

• Claims for injunctive or other equitable relief.

29. Corrections

We strive for accuracy, but we cannot guarantee that all information on our site is error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions and to update or change content at any time without prior notice.

30. User Data

Your submission of personal information to Atelier Boanta (for example, when placing an order or contacting us) is governed by our Privacy Policy. We are committed to protecting your personal data. Please review our Privacy Policy to understand how we collect, use, and safeguard your information. We implement reasonable security measures to protect your personal data. However, no method of transmission over the Internet is 100% secure; by using our services, you acknowledge this risk. We will only use your personal data for the purposes of processing your orders, delivering services, and as otherwise agreed by you (such as sending newsletters if you subscribed). We handle your data in compliance with applicable data protection laws (such as the Swiss FADP and, if applicable, the EU GDPR). Our website uses cookies and similar technologies. Some are necessary for the site to function (e.g., for the shopping cart), and others help us improve your experience or provide marketing. You can control cookies via your browser settings and learn more in our Privacy Policy. By continuing to use our site, you consent to our use of cookies as described. You have rights regarding your personal data. Please see our Privacy Policy for information on how to access or request deletion of your data.

31. Electronic Communications, Transactions & Signatures

By using the Services or sending us emails, you consent to receive electronic communications. Agreements, notices, disclosures, and other communications signed electronically satisfy any legal requirement for writing. You agree to the use of electronic signatures and waive any requirement for originals.

32. Governing Language

The English and German text of these Terms & Conditions, the Privacy Policy, and the Cookie Policy is the definitive and binding version. Translations into other languages are provided for convenience only and may contain inaccuracies. In the event of any discrepancy or ambiguity, the English and the German text shall prevail. Customers are encouraged to consult a professional translator or seek legal advice if they have questions about a non-English version.

33. Product Labeling and Language Compliance

Atelier Boanta strives to meet the highest safety and labeling standards. All our products are labeled in accordance with Swiss legislation and with consideration for the most stringent regulations applicable within the EU and UK, including CLP (Classification, Labelling and Packaging) and fire safety requirements.

All safety and regulatory information is provided in German, French, and Italian, which are official languages of Switzerland. English is also included as an additional language for broader accessibility.

By purchasing from our website, which operates under a .ch domain, the customer acknowledges that the product is sold from Switzerland in response to a direct order and is not considered as being actively placed on the market of the customer’s country under applicable laws. Therefore, Atelier Boanta is not obligated to provide safety or regulatory information in any language other than those listed above.

We strongly encourage customers to review all safety and CLP information available on our website prior to placing an order. If the customer does not speak one of the provided languages, they are responsible for obtaining an accurate translation.

34. Customs and Import Regulations

Customers are responsible for ensuring that the products they order comply with the import regulations of their country.
If customs authorities in a customer’s country stop or destroy a product due to local import laws, Atelier Boanta is not responsible for refunds, return shipping costs, or legal consequences arising from such situations.

35. Miscellaneous

These Terms, together with any policies or operating rules posted by us on the Site or in respect to the Services, constitute the entire agreement and understanding between you and Atelier Boanta.
Our failure to exercise or enforce any right or provision shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations under these Terms to third parties at any time without notice.
Neither you nor we shall be liable for any loss, damage, delay, or failure to act caused by events beyond our reasonable control (force majeure).
If any provision or part of a provision is held unlawful, void, or unenforceable, that provision or part thereof is severed, and the remainder of these Terms remains in full force and effect.
Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you and Atelier Boanta.
You agree these Terms will not be construed against us by virtue of having drafted them, and you hereby waive any defenses based on the electronic form of these Terms or the lack of original signatures.

You may print or download a copy of these Terms for your records.