Atelier SE’MĀVI Terms of Use

 

 

Terms of Use as of 20220617

Introduction

Both www.semavi.de and www.ateliersemavi.com (the “Site”, the “Sites”, the “Website” or the “Websites”) are owned by Atelier SEMAVI / SCEB Consulting Ltd. (“Semavi”, “Atelier Semavi”, “we”, “us” or “our”). Atelier Semavi offers Natural Fragrances and other products (the “Product” or the “Products”) for purchase on our Websites. By navigating to and/or using the Websites you (the “Client”) submit to these Terms of Use (the “Terms”). Any and all use of our Websites, including offers, orders by the Client, purchase agreements, and any other agreement between the Client and Atelier Semavi (the “Agreement” or the “Agreements”), as well as shipping and delivery of Products by Atelier Semavi through the Atelier Semavi Websites are within the scope of the Terms.

Please read these Terms carefully as they contain important information, including but not limited to warranties and limitations of liability. By using the Websites, placing an order, or otherwise interacting with Atelier Semavi you acknowledge that you have read and accepted the Terms.

Atelier Semavi explicitly rejects the application of any other terms and conditions than those posted on the Websites at the relevant time. The Client explicitly acknowledges and accepts that any other terms and conditions shall not be applicable.

Atelier Semavi reserves the right to amend the Terms at any time without prior notice. Any amendments to the Terms will be published on the Websites.

Intellectual Property

We reserve all rights to our Websites, and any and all material, texts, information, concepts, databases, layouts, trade marks, trade names, designs, logos, images, other visuals, products, packaging, and other content contained therein (the “Content”) as well as the trade marks, trade names, designs, logos, labels, images, packaging, presentation, and other parts of the visual identity of our physical Products (the “Product Brand”).

The Client acknowledges that Atelier Semavi is the rightful owner and/or licensee with regards to the relevant intellectual property rights concerning the Content, the Product Brand, and any other relevant intellectual property. The Client shall unconditionally and entirely respect these rights. Under no circumstances shall the Client be allowed to reproduce and/or make available to the public any of the above mentioned protected items without our prior explicit written consent.

The Client is allowed to purchase our Products for personal use and for gifting. The Client is prohibited from purchasing our Products for resale, for use in a competing business, or any other commercial use.

Atelier Semavi retains the copyright to the Content and the Product Brand and has undertaken steps to further protect these assets with trademarks and by other legal means.

Client Guidelines

The Client agrees to only use the Websites for lawful purposes in line with their intended use, which includes the ability to obtain information about our Products and purchase our Products for personal use. The Client will refrain from any malicious activity directed at or with regards to the Websites, including but not limited to the spread of malicious code, attacks, malware and viruses.

Geographic Scope and Governing Law

For the Taiwanese Websites of Atelier Semavi accessible at the above mentioned two domains, the online sale of the Products offered on our Websites is intended only to individuals residing within the Republic of China (Taiwan), and the Law of the Republic of China (Taiwan) shall apply.

Products

These Terms cover all Products presented or offered on our Websites, subject to availability.

Atelier Semavi strives to ensure that the photographs, images, and descriptions represent the actual Products sold as accurately as possible. Please note that due to the inherent limitations of technology both of our Websites and of your devices, the representation of our Products that you see on the screen of your devices may differ from the exact physical Products.

Order Confirmation

An order confirmation on our Websites establishes a legally binding contract between the Client and Atelier Semavi as soon as the Client has initiated the payment process, which is the case when a button labeled ‘Place order’ has been clicked or tapped on by the Client, and an order confirmation email has been received as a result.

We will try to accommodate your partial or complete cancellation of confirmed orders where the Products have not yet been dispatched, or, where already dispatched but not yet received, for a small fee covering the shipping costs that shall be paid by the Client.

Offers and Agreements

Any and all offers made by Atelier Semavi are noncommittal except in the case of a successful Client order, and are subject to change and availability.

Atelier Semavi may refuse Client orders or attach certain conditions to the delivery, in which case we will notify the Client by email as soon as reasonably practicable, providing the Client with the reasons for such action.

The purchase of a Product by the Client or acceptance of an offer by the Client implies that the Client agrees to the applicability of these Terms.

The Client is fully responsible for furnishing Atelier Semavi with the correct details to allow delivery of the Products to the Client.

Atelier Semavi is entitled to employ third parties in order to fulfill the Client order. Such third party agreements are equally covered by these Terms.

Prices and Payment

For the Taiwanese Websites of Atelier Semavi accessible at the above mentioned two domains, the prices published on our Websites for the Products are in New Taiwan Dollar (TWD). The prices include VAT, but exclude shipping and delivery fees, as well as any taxes or duties that may apply, unless otherwise stated or agreed by us.

The price applicable with regards to any Client order is the price indicated on the Websites at the time of submission of the Client order.

Failure by the Client to make full payment will result in the products not being shipped nor delivered to the Client without prior notification.

In the case of failure by the Client to make full payment, Atelier Semai reserves the right to cancel the order or agreement.

Shipping and Delivery

Shipping and delivery times vary greatly depending on factors that are beyond our control. Any time estimates given by Atelier Semavi with regards to shipping and delivery are given as an indication only and under no circumstances constitute a deadline. Atelier Semavi takes efforts to deliver the Products to the Client as quickly as possible. The Client acknowledges that in case a given shipping time has been exceeded, the Client does not have the right to claim compensation.

Delivery to the Client starts when the Products leave the premises of Atelier Semavi and is considered to be completed once the Products are delivered at the address provided by the Client, or, in the event of absence of the Client, to personnel representing the Client at the delivery address. In the event of an unsuccessful delivery due to Client absence, the shipping provider will undertake to contact the Client to arrange a time for a second delivery attempt. If the shipping provider is unable to reach the client despite multiple attempts, or if a scheduled second delivery attempt is equally unsuccessful due to Client absence, or if the Client rejects the delivery, the Products will be returned and Atelier Semavi reserves the right to charge the Client for all costs arising from the return of the Products, including shipping fees and packaging costs.

Warranty disclaimer

Our Products are made to provide the functionality and attributes that can reasonably be expected for such products if used in the manner and for the purposes they are intended for and if all indications, directions for use and warnings published on our Websites in addition to the Product labels are heeded.

Atelier Semavi takes utmost care during the design, production and completion of each Product to ensure all Products meet our stringent standards and requirements. However, certain Products may inherently show minor deviations in their attributes, including but not limited to their scent and color, depending on the raw materials that were used in the production. Such minor deviations are considered normal and Atelier Semavi is considered to have met the obligation of Product delivery in such cases.

Any and all information, images, and other Content, whether displayed on the Websites or inferred from other Content displayed on the Websites are to be considered an indication of the Product.

Minor deviations from this Content are not a valid cause for return or rejection of the Products by the Client, or attempts at seeking price reductions or compensation of damages or costs by the Client.

Upon successful delivery, the Client shall inspect the Products to confirm the Products comply with the agreement. Should this not be the case, the Client shall notify Atelier Semavi immediately in writing by sending an email quoting the order number, nature of the problem, and pictures to illustrate the problem to info@semavi.de, in any case no later than 5 days after successful delivery. Please note that if the problem is in the outer appearance of the Products or Product packaging, please refrain from opening the Products and instead report the problem and wait for our instructions on dealing with the issue. Due to the nature of the Products, opened Products will generally not be accepted for return or refund.

Complaints by the Client cannot be accepted in cases where the Products have been used contrary to the instructions for use found on the Product labels in addition to our Websites, or if the Products have been used for a purpose other than that for which it was intended, or if the Products have been used without care.

Liability

Atelier Semavi is not liable for damages caused by inexpert use of the Products or use for a purpose other than that for which it was designed and intended according to the information available about our Products on our Websites as well as objective and reasonable standards, or use without proper adherence to all the instructions for use and warnings given on the Product labels and on our Websites, or use without care. Atelier Semavi is only liable for foreseeable personal or item damages when it can be documented that the damages are directly caused by negligence by Atelier Semavi.

Atelier Semavi is not liable for indirect damages and costs, including but not limited to lost profits, damages caused by delayed delivery, consequential damages, damaged or destroyed data or materials, or lost turnover. The Client indemnifies Atelier Semavi from the consequences of any claims by third parties arising from the execution of the Agreement and which are caused by acts attributable to the Client.

Claims for damages must be submitted in writing to Atelier Semavi within 10 days from the time of occurrence of said damages.

Total liability of Atelier Semavi is limited to compensation of the amount of the invoice containing the relevant Product.

In the event of Force Majeure, Atelier Semavi may cancel Client Agreements and orders in writing without being liable for any damages or costs. In addition to its regular definition, Force Majeure shall include situations where Atelier Semavi is unable to import or export Products or Product components because of government regulation or changes in international law or international regulations, delayed or cancelled deliveries by shipping providers, strikes, or the inability to secure sufficient work force to execute orders due to general situations in the country of production, such as pandemics, illnesses, or other situations.

Severability

Any part, provision, representation or warranty of these Terms, which is prohibited or unenforceable or which is deemed to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions hereof.

Any part, provision, representation, or warranty of these Terms which is prohibited or unenforceable or which is deemed to he void or unenforceable in any jurisdiction shall be ineffective, as to such jurisdiction, to the extent of such prohibition or unenforceability, without invalidating the remaining provisions hereof, and any such prohibition and unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

To the extent permitted by applicable law, the parties hereto waive any provision of law which prohibits or renders void or unenforceable any provision hereof.