1. GENERAL INFORMATION

“ALEYANI” is a registered trademark of ALEYANI Fashion & Photography. These General Terms and Conditions (GTC) govern all legal relationships arising from sales contracts concluded between ALEYANI Fashion & Photography (Seller) and its customers (Buyer) in the online shop (aleyani-swimwear.ch). Any conflicting terms and conditions of the Buyer are expressly excluded.

This Agreement sets out the terms and conditions for your use of the aleyani-swimwear.ch website (“Website”, “Site” or “Service”) and all related products and services (collectively “Services”). By accessing and using the Website and the Services, you acknowledge that you have read, understood, and accepted these terms and conditions. This Agreement is legally binding between you (“User”, “you”, or “your”) and ALEYANI Fashion & Photography (“ALEYANI”, “we”, “us”, or “our”).

If you are entering into this Agreement on behalf of a company or other legal entity, you confirm that you have the authority to bind such entity to this Agreement. In such cases, “User”, “you”, or “your” refers to that entity. If you do not have such authority or do not agree to the terms and conditions, you may not accept this Agreement and are not authorized to access or use the Website or the Services.
This Agreement, although electronic and not physically signed, constitutes a legally binding contract governing your use of the Website and the Services. These terms and conditions will apply to all future transactions unless otherwise agreed.

2. CONTRACTING PARTIES

If a contract is concluded, it is concluded with:
ALEYANI Fashion & Photography – Stéphanie Alessia Nyffenegger
Vieristrasse 13
CH – 8603 Schwerzenbach
Company identification number: CHE-153.074.552, registered in the Commercial Register of the Canton of Zurich, Switzerland.
For any enquiries, orders or complaints, you may contact the Seller by e-mail at hello@aleyani.ch. Please note that the Seller is not liable for any problems arising from incorrect or outdated contact information.

3. ACCOUNTS AND MEMBERSHIP

3.1 ACCOUNT CREATION
If you create an account on the Site, you are responsible for maintaining the security of your account and all activities that occur under it. We reserve the right to monitor and review new accounts before granting access to the Services. Providing false contact information may result in account termination. You must notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any damages arising from your actions or omissions, including any issues arising from unauthorized use of your account.

3.2 CANCELLATION
ALEYANI Fashion & Photography reserves the right to suspend or terminate your access to the Services if we determine that you have violated these Terms of Use or for any other reason that justifies such action. Your account may be suspended, deactivated or deleted if your conduct is deemed to be damaging to our reputation. Upon account termination, re-registration may be blocked and email or IP addresses may be restricted to prevent further access.

3.3 USER CONTENT
You retain ownership of any data, information or material (“Content”) that you submit while using the Service. However, you are solely responsible for the accuracy, quality, legality and intellectual property rights associated with such Content. We reserve the right to refuse or remove any Content that violates our policies or that we deem harmful. By submitting Content, you grant us permission to use, display and perform your Content as necessary to provide the Services, including for commercial or marketing purposes. Users must ensure that their Content complies with applicable privacy laws.

3.3 USER CONTENT
We do not own the data, information, or materials (“Content”) that you submit to the Site while using the Service. You are solely responsible for the accuracy, quality, integrity, legality, and intellectual property rights of the Content. We reserve the right to refuse or remove any Content that violates our policies or is harmful in any way. You grant us permission to use, display, and perform your Content in the course of providing the Services. We may use Content for commercial, marketing, or similar purposes.

4. OFFERS
The offers displayed on the Website are non-binding and for illustrative purposes only. Product information is provided for informational purposes only and is not binding. Prices, product ranges and technical specifications are subject to change without notice. Offers are only valid while they are displayed on the website and while stocks last. We do not guarantee product availability. If you have any questions about products or orders, please contact us by email.

5. REDEEMING PROMOTIONAL VOUCHERS

1. Vouchers issued free of charge as part of promotional campaigns, with specific validity periods and not available for purchase (“Promotional Vouchers”) can only be redeemed in the Seller’s online store and only during the specified validity period.
2. Certain products may be excluded from voucher promotions based on the terms specified in the voucher.
3. Promotional vouchers must be redeemed before completing the order process and cannot be applied retrospectively.
4. Only one promotional voucher can be used per order.
5. The value of the goods must be at least equal to the value of the promotional voucher; any remaining credit will not be refunded.
6. If the value of the voucher is insufficient to cover the entire order, other available payment methods must be used to pay the balance.
7. Promotional vouchers are not redeemable for cash and do not accrue interest.
8. No refunds will be given if goods paid for with a promotional voucher are returned, in whole or in part, within the statutory cancellation period.
9. Vouchers are transferable. Payment made to the holder who redeems the voucher in the online store will be considered valid unless the seller is aware or grossly negligent of the holder’s lack of authorization.
10. We reserve the right to cancel promotional and gift vouchers where fraud or misuse is suspected. If you have any problems with a voucher, please contact customer services.

6. ORDERING PROCESS AND DELIVERY

6.1 BINDING ORDER
By placing an order in the online shop, the buyer makes a legally binding offer to conclude a contract by accepting these terms and conditions. The contract is concluded when the buyer receives an order confirmation by e-mail.

6.2 DELIVERY
Delivery options and costs are displayed in the online shop. Availability and delivery times are not binding. If an item is not in stock, we will inform the buyer of the expected delivery date. Unless otherwise agreed, goods will be delivered by post to the address provided by the customer. The delivery address indicated during the order process is decisive for the transaction. If the carrier returns the goods due to an unsuccessful delivery, the customer shall bear the cost of the return delivery. We are not responsible for delays caused by manufacturers or third parties. Delivery times are therefore approximate and subject to change. Delivery is at the risk of the purchaser. Self-collection is not possible.

6.3 PRICES AND TERMS OF PAYMENT
All prices on the Site are quoted in Swiss francs (CHF). Prices and conditions are subject to change, the effective date being the date of the Buyer’s order. Payment for goods ordered must be made in advance by credit card, TWINT or other available payment methods.

For online payments, the amount will be debited upon receipt of the order. We reserve the right to exclude buyers from certain payment methods without justification. Payment by credit card is subject to the terms and conditions of Worldline (http://www.worldline.com) or Paypal (http://www.paypal.com).

For agreed bank transfers, payment is due immediately upon conclusion of the contract, unless otherwise agreed. By placing an order, you accept the terms of payment.

In the event of late payment, we reserve the right to charge interest on arrears at a rate of 5% per annum in accordance with the Swiss Consumer Protection Act.

6.4 RETENTION OF TITLE
The goods delivered shall remain the property of the Seller until payment has been made in full. The Seller may register the retention of title. If the Buyer fails to pay, the Seller may rescind the contract and reclaim the goods.

6.5 RIGHT OF CANCELLATION
Orders are binding and customers must accept the services. Subsequent changes are possible at the Seller’s discretion. Buyers have the right to cancel the contract within 14 days without giving reasons. Cancellation must be made in writing or by returning the goods. The right of return can only be exercised if the goods are unused, undamaged, complete and in their original packaging. Upon receipt of the returned goods in the described condition, the Seller will refund the value of the goods. A sample return/cancellation form is available on our website. Returns are at the expense, risk and convenience of the Buyer.

6.6 RESERVATION OF RIGHTS
We reserve the right to change products and prices at any time and to refuse orders. Quantity limits may apply per person, household or order, including orders from the same account, credit card and/or address. In the event of changes or cancellations, we will attempt to contact you at the email address or telephone number provided.

7. WARRANTY AND LIABILITY

7.1 NOTIFICATION OF DEFECTS
Complaints about defects, incomplete or incorrect deliveries must be notified to the Seller in writing immediately, but no later than 14 days after delivery. Hidden defects must be notified immediately, but no later than 14 days after discovery. Failure to notify the Seller in good time will result in the loss of your rights. Upon receipt of the returned goods, a replacement will be provided if a defect is confirmed. If replacement is not possible, the Seller will refund the amount paid. All claims for reduction, cancellation or compensation for consequential damage are excluded, except where required by law.

7.2 WARRANTY
The buyer loses all rights in respect of defects in the event of improper use. Defects due to normal wear and tear, improper handling, damage caused by the Buyer or third parties, and damage caused by external circumstances (e.g. improper storage, frost, heat) do not entitle the Buyer to rescind the contract or claim compensation. The Seller accepts no liability for such matters. Returned goods must be properly packed in the original packaging and sent by registered post. If no defects covered by warranty or manufacturer’s warranty are found, the Seller reserves the right to charge for inspection and shipping costs.

7.3 EXCLUSION OF LIABILITY
To the fullest extent permitted by law, all other claims of the Buyer relating to the use or inability to use the Goods are excluded. The Seller, its representatives or agents shall not be liable for any damage not directly caused to the Goods. This includes consequential damages, loss of profit or other pecuniary loss. Liability for inaccuracies in quotations (including but not limited to incorrect illustrations, text and prices) and delivery is excluded to the extent permitted by law. This exclusion applies to direct, indirect, incidental, consequential or punitive damages. The Seller shall not be liable for the acts, omissions or conduct of any third party in connection with the sale and delivery of the Goods except in cases of gross negligence or willful misconduct.

8. COPYRIGHT

All content on the Site, including but not limited to text, graphics, logos, images, video, audio, digital downloads and data, is the property of ALEYANI Fashion & Photography and is protected by applicable copyright laws and other intellectual property rights worldwide. Reproduction, modification, publication, transmission, sale, licensing, derivation or other use of such content without the express written permission of ALEYANI Fashion & Photography is strictly prohibited. All trademarks, service marks and trade names used on the Site are the property of ALEYANI Fashion & Photography or their respective owners. Unauthorized use of these trademarks is prohibited and may result in legal action.

9. PRIVACY POLICY

ALEYANI Fashion & Photography is committed to protecting your personal information. The collection, use and storage of personal data is carried out in accordance with the applicable data protection regulations and the data protection guidelines of ALEYANI Fashion & Photography. We only collect personal data such as name, address, e-mail address and payment information if you provide this information voluntarily or if it is essential for the use of our services. We use your information to process your orders, to respond to your enquiries, to send you updates on our products and services and to improve the use of our website. ALEYANI Fashion & Photography undertakes not to sell, rent or otherwise transfer your personal data to third parties unless this is necessary to provide the services ordered or required by law.

ALEYANI Fashion & Photography may send the customer information about other products or services of the seller (e.g. in the form of a newsletter or by letter). If the customer no longer wishes to receive such communications from the seller, the customer may unsubscribe at any time by sending an email to hello@aleyani.ch.

For further information, please refer to the current version of the Privacy Policy available at www.aleyani-swimwear.ch.

10. DISCLAIMER

ALEYANI Fashion & Photography accepts no liability for any damage arising from the use of the website, information or services. Your use of the website is at your own risk. We make no warranties, express or implied, as to the accuracy, reliability or availability of the information provided on the website. We reserve the right to modify or discontinue the Website at any time without notice.

It is your responsibility to ensure that any products, services or information purchased or obtained through our website meet your specific requirements. We are not responsible for any issues beyond our control, including technical difficulties, force majeure or the actions of third parties. This disclaimer does not exclude liability for damages caused by gross negligence or willful misconduct.

By using our services, you agree to indemnify ALEYANI Fashion & Photography and its employees, agents and affiliates to the fullest extent permitted by law.

11. PROHIBITED USES

You must not use or encourage others to use the Website or Services for any unlawful purpose, including but not limited to infringement of intellectual property rights, harassment, abuse, discrimination or transmission of false information. You must not upload any malicious software or interfere with the functionality of the Website. Any attempt to bypass or circumvent security features is also prohibited. Violations may result in legal action.

12. ACCURACY OF INFORMATION

Please note that our website may contain typographical errors, inaccuracies or omissions, particularly in relation to promotions and offers. We reserve the right to correct any errors or inaccuracies and to update information, even after an order has been placed. Whilst we endeavor to ensure accuracy, we are under no obligation to regularly update the information on the website unless required to do so by law. The date of the last update does not guarantee that all information is up to date.

13. BACKUPS

ALEYANI Fashion & Photography is not obliged to back up user content, order histories, or other information provided on the website. Users are responsible for regularly backing up and storing their own data. We do not guarantee the availability or retention of user data.

14. LINKED RESOURCES

Our website may contain links to third party websites. ALEYANI Fashion & Photography has no control over the content or privacy practices of these websites and assumes no responsibility for any damages arising from their use. The presence of a link does not imply endorsement of the linked website or its content. We are not responsible for the privacy practices of third parties.

15. INDEMNITY

You agree to indemnify and hold ALEYANI Fashion & Photography and its subsidiaries, agents, affiliates and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of these terms and conditions, or your violation of any law or rights of another.

16. SEVERABILITY

If any provision of these terms and conditions is or becomes invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally permissible provision that comes as close as possible to the economic purpose of the invalid provision. The remaining provisions shall remain in full force and effect.

17. CHANGES AND ADDITIONS

ALEYANI Fashion & Photography reserves the right to modify these Terms and Conditions at any time, with immediate effect upon publication on the Website. Continued use of the services after such changes constitutes acceptance of the amended terms. We will notify you of any material changes by email or by prominent notice on the Website.

18. ACCEPTANCE OF THESE TERMS

By using the website and services of ALEYANI Fashion & Photography you agree to be bound by these terms and conditions. If you do not agree to these terms, do not use our services. Your continued use of our website constitutes acceptance of these terms and conditions.

19. APPLICABLE LAW AND JURISDICTION

All contracts concluded with ALEYANI Fashion & Photography shall be governed by Swiss law, excluding its conflict of law principles and the United Nations Convention on Contracts for the International Sale of Goods (CISG). For contracts with private individuals for personal use, the provisions of consumer protection law apply. In all other cases, Zurich is the exclusive place of jurisdiction. Disputes arising from consumer contracts will be handled in accordance with the applicable consumer protection laws.

ALEYANI Fashion & Photography, 2024