Preamble
The following General Terms and Conditions apply in their version valid at the time of registration of the participant (in the following, the term “participant” always includes participants) for the contracting parties, namely Bea Grob – Mixed Media and More and participants, and regulate the rights and obligations that apply to both contracting parties as a result of a purchase of services and products. By registering with Bea Grob – Mixed Media and More, the participant accepts these Terms and Conditions and agrees to be bound by this agreement.
1. Services and Products
Registration, Conclusion of Contract
1 Prerequisite for participation at Bea Grob – Mixed Media and More is the age of majority and full legal capacity of the participant. Bea Grob – Mixed Media and More reserves the right to exclude persons whose full legal capacity is in doubt from using the service.
2. The services and products of Bea Grob – Mixed Media and More are purchased in a service package, which is not specifically customizable and are settled with a one-time payment. The scope of services or products of Bea Grob – Mixed Media and More listed at the time of payment applies. If the scope of services is not fully utilized by the participant, these services cannot be transferred or refunded.
3. Bea Grob – Mixed Media and More is free at any time to offer different types of services, products and memberships, to change their scope of services or prices as well as to offer additional services. For the participant always those conditions, services and prices are valid, which are communicated at the time of the purchase of the individual service or product.
4. By completing the registration process, the participant makes an offer to conclude the contract for the use of the services of Bea Grob – Mixed Media and More. Bea Grob – Mixed Media and More accepts this offer by receiving the activation of the services of Bea Grob – Mixed Media and More. For this purpose, Mixed Media and More will send the participant a confirmation letter by e-mail. Through this confirmation, the contract between the participant and Bea Grob – Mixed Media and More comes into effect.
5. After successful registration and – where relevant – payment, the participant will be given the opportunity to purchase additional services and products from Bea Grob – Mixed Media and More.
6. All services and products of Bea Grob – Mixed Media and More are limited to the participant only and are not transferable or extendable to third parties. The participant may not assign, sublicense, transfer, modify, or otherwise dispose of his/her rights under this agreement without the prior written consent of Bea Grob – Mixed Media and More.
7. Bea Grob – Mixed Media and More reserves the right to reject applications for services and products of Bea Grob – Mixed Media and More at any time without giving reasons. In this case, payments already sent will be refunded to the applicant in full, deducting any transaction costs.
Prices, Taxes
8. Prices and scope of services for the respective service or product of Bea Grob – Mixed Media and More are shown before the respective payment. The prices for the respective services and products are part of this contract. By registering or submitting the form, the participant agrees to pay the price indicated for the service or product at the time of registration. All services and products of Bea Grob – Mixed Media and More will be activated only after receipt of payment from the participant in a reasonable time frame.
9. All services and products of Bea Grob – Mixed Media and More are claimed via PayPal or credit card in CHF and can be paid by credit card or PayPal in CHF. For payments that are not made in CHF, any exchange fees will be charged to the participant. For all payments that are not made in CHF or via PayPal, Bea Grob – Mixed Media and More must be informed in advance and Bea Grob – Mixed Media and More can set the exchange rate according to the daily exchange rate.
10. In cases where Bea Grob – Mixed Media and More is obliged to collect taxes, Bea Grob – Mixed Media and More will collect the taxes at the time of purchase. The participant agrees to pay all fees, including applicable taxes, according to the payment terms currently in effect when paying for a Bea Grob – Mixed Media and More service or product. If Bea Grob – Mixed Media and More makes a mistake in calculating the tax percentage of the value of the purchase, Bea Grob – Mixed Media and More reserves the right to issue another invoice to the participant to satisfy its legal obligations to collect the taxes.
Use
11. With the registration the participant commits himself to Bea Grob – Mixed Media and More to the lawful use. Accordingly, the participant may use the services and products of Bea Grob – Mixed Media and More only in a manner or for purposes that do not violate the Terms and Conditions or applicable Swiss law or infringe upon the rights of third parties. In particular, the dissemination of racist, pornographic, violence glorifying or trivializing as well as immoral information via any of our communication channels is prohibited. The dissemination of information that impairs or endangers the development or education of children or adolescents or violates human dignity or other legal interests protected by criminal law is also prohibited.
12. The participant agrees not to take any action that adversely affects the ability of Bea Grob – Mixed Media and More or a third party licensor to generate revenue through the sale or marketing of the services or products of Bea Grob – Mixed Media and More.
13. The participant must indemnify Bea Grob – Mixed Media and More from all damages resulting from the improper or illegal use of access. As soon as there is suspicion that third parties are using the profile illegally, the participant is obliged to inform Bea Grob – Mixed Media and More immediately about the unauthorized use. Upon knowledge or reasonable suspicion of misuse, Bea Grob – Mixed Media and More may take the necessary measures and in particular to temporarily block, close or password access to the services and products.
14. Bea Grob – Mixed Media and More may suspend the provision of the services and products provided under this contract at any time after written notice and without incurring any liability for damages, if even after an appropriate warning there is a reasonable suspicion that the services or products are being used in violation of the contract. A first warning will be sent by email to the address of the customer.
15. If the participant culpably violates these terms and conditions or applicable law, Bea Grob – Mixed Media and More can take the necessary measures. These can be limited in the case of minor violations to the indication that these terms and conditions, legal provisions or the duty of consideration have been violated. Serious violations can lead to the temporary or complete blocking of individual services or result in legal consequences. For all cases of a participant’s violation of one or more provisions of these Terms and Conditions or applicable law, Bea Grob – Mixed Media and More therefore reserves the right to exclude the participant from the service with immediate effect without giving reasons and excluding the assertion of claims for damages on the part of the participant and to completely delete his profile including all his data. In such cases, the right to initiate civil and/or criminal proceedings, in particular the assertion of claims for damages and/or the filing of criminal charges, is expressly reserved.
Revocation, termination
16. The participant may revoke any payment made to Bea Grob – Mixed Media and More within fourteen days, provided Bea Grob Mixed Media and More has not already performed all or part of the service associated with that payment. Except as otherwise expressly provided, Bea Grob – Mixed Media and More will not make any refunds on payments for services or products after the fourteen-day revocation period has expired. When a participant orders a service from Bea Grob – Mixed Media and More, he or she agrees that the service may be made available immediately and that the participant has no right of return or cancellation period.
17. A declaration of revocation by e-mail is sufficient, but the revocation can also be made by letter. The revocation period is met if the user sends his revocation within fourteen days.
18. Bea Grob – Mixed Media and More is not liable for bank or PayPal fees of the participant or for penalties resulting from the overdraft of a credit limit.
19. Bea Grob – Mixed Media and More can terminate the contract without notice by written notice to the participant if he does not fulfill his contractual obligations or otherwise violates the contract. This does not apply to minor breaches of contract.
2. Contents
1. Bea Grob – Mixed Media and More is not liable for the correctness and completeness of the content of the information provided solely by other artists or for other content generated by the artists.
Most of the information and content available to the participant in connection with the use of Bea Grob – Mixed Media and More is the intellectual property of others and protected by copyright, trademark or other intellectual property rights. The participant may not violate any copyrights, trademarks or other proprietary rights of third parties with his use of services and products of Bea Grob – Mixed Media and More.
Bea Grob – Mixed Media and More assumes no liability for the possible misuse of content, information, images and documents of the participant on Bea Grob – Mixed Media and More or affiliated websites by other users or third parties. Bea Grob – Mixed Media and More is also not liable for the misuse of the contact options via Bea Grob – Mixed Media and More by users or third parties. However, it is possible for Bea Grob – Mixed Media and More to restrict the contact options of the participant at any time upon request.
4. Bea Grob – Mixed Media and More may occasionally run discount promotions. Only one price advantage can be used per purchase. Multiple discounts cannot be combined. Partial redemptions as well as cash payment of discounts are excluded.
5. All content and materials on the website, including videos, PDFs, images and audio productions, contain copyrighted works, trademarks and other intellectual property. All rights are reserved. The content and materials of Bea Grob – Mixed Media and More’s services and products, or any portion thereof, may not be reproduced or transmitted in any form or by any means without the prior written permission of Bea Grob – Mixed Media and More and employees.
6. For products and services, Bea Grob – Mixed Media and More grants the participant a limited, personal, non-exclusive, non-transferable access for the participant’s personal use.
7. Participant may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, distribute, display, reproduce or perform any of the services and products, the intellectual property of the company, or in any way use any third party intellectual property, in whole or in part, for business purposes without our prior written consent.
In doing so, the participant is prohibited from
– incorporate or distribute the products or services of Bea Grob – Mixed Media and More in his or her own products or services,.
– reproduce, duplicate, copy, sell, rent, resell or use for commercial purposes any part of the websites / products, the use of the websites / products or access to the websites / products of Bea Grob – Mixed Media and More
– to establish: (i) a hyperlink, including a deep link, to any page or location on the websites / products of Bea Grob – Mixed Media and More; or (ii) a frame containing any portion of the websites / products on any other website or text document with hyperlinking capabilities, without the express written permission of Bea Grob – Mixed Media and More
– to copy such content to the participant’s or any other website or to instruct any other person to perform the above steps. Bea Grob – Mixed Media and More reserves the right to immediately remove, without refund, the Participant’s access to its website and services in the event of any violation of this Intellectual Property Policy.
3. Warranty, Liability
1 Bea Grob – Mixed Media and More assumes no liability in case of malfunctions, interruptions or a possible failure of the website. The participant accepts that Bea Grob – Mixed Media and More has no influence on the performance of telecommunication and software providers and is not liable for their actions and omissions or for errors in their technology or system failures based thereon. Accordingly, Bea Grob – Mixed Media and More does not guarantee that access to the products provided will always be uninterrupted. In the event of a malfunction, the participant must inform Bea Grob – Mixed Media and More via their contact form and Bea Grob – Mixed Media and More will make reasonable efforts to correct the reported malfunctions or defects. Hours during which the website is unavailable will not be refunded or compensated in any way.
2. Bea Grob – Mixed Media and More is not liable for the non-performance of this contract due to events beyond its control, such as war, strikes, floods, government restrictions, power failure or damage or destruction of network equipment.
3. Bea Grob – Mixed Media and More does not assume any liability towards the users and third parties for the content posted by the artists.
4. Bea Grob – Mixed Media and More is not liable for any claims due to improper use of the services and products provided under this contract by the participant. The participant indemnifies Bea Grob – Mixed Media and More against all claims resulting from an infringement of rights by the artists or a third party in connection with a use of the services and products provided by Bea Grob – Mixed Media and More contrary to the terms of the contract. If such an infringement of rights is the responsibility of the artists or a third party, the party concerned shall bear all legal costs incurred in connection therewith, including attorney’s fees and court costs.
5. The participant further agrees to indemnify Bea Grob – Mixed Media and More from any kind of lawsuits, damages, losses or claims that may arise from any misuse by the participant and the violation of these terms and conditions. In particular, the participant agrees to indemnify Bea Grob – Mixed Media and More from any liability and from all obligations, expenses and claims arising from damages due to libel, slander, defamation, violation of personal rights, due to the failure to provide services to other users, due to the violation of intangible property (trademarks, copyrights, etc.) or other rights. The indemnification obligation also extends to the costs of the necessary legal defense (attorney’s fees) required to defend against such claims.
6. Bea Grob – Mixed Media and More does not guarantee the participant that the services provided by Bea Grob – Mixed Media and More meet the expectations of the participant or that a specific goal pursued by the participant will be achieved with the services.
7. Bea Grob – Mixed Media and More is not liable for economic, physical or immaterial damage resulting from the use of Bea Grob – Mixed Media and More for the participant, unless the damage is demonstrably due to intent or gross negligence of Bea Grob – Mixed Media and More or its employees. Bea Grob – Mixed Media and More is therefore liable to the participant with regard to any gaps or errors in the products provided only for damages resulting from intentional or grossly negligent conduct of the representatives of Bea Grob – Mixed Media and More or its agents.
8. Bea Grob – Mixed Media and More reserves the right to reduce, change or expand the functional scope of the website, its layout as well as website name and web address at any time at its own discretion. This can be done without notice and without giving reasons.
9. Bea Grob – Mixed Media and More is entitled at any time to discontinue the services of Bea Grob – Mixed Media and More in whole or in part with immediate effect without giving reasons and excluding any claims for damages by the participants and to delete all stored data. Payments already received for outstanding services will only be refunded to the participant in such a case, if the service of Bea Grob – Mixed Media and More has not yet been completed in any way.
4 Changes to the contract
1. Bea Grob – Mixed Media and More reserves the right to change these terms and conditions at any time and without giving reasons with effect for the future, provided that this is reasonable for the participant, taking into account the legitimate interests of Bea Grob – Mixed Media and More, without having to inform the participant.
2. Bea Grob – Mixed Media and More reserves the right to introduce new offers and prices for services and products or to change the calculation basis of existing prices and/or to adjust the content and scope of services and products, as well as to charge taxes for the sale of products. However, the participant only agrees to pay all fees, including applicable taxes, according to the payment terms currently in effect at the time of purchase of the service or product from Bea Grob – Mixed Media and More. Any changes will only become effective with the next purchase of a service or product, provided the participant claims such further service. Bea Grob – Mixed Media and More shall inform the participant of the current and effective prices and benefits of the services and products of Bea Grob – Mixed Media and More at the time of their purchase.
3. Any change to these terms and conditions will take effect after the publication of this change on the Bea Grob – Mixed Media and More website. The publication of this change will be made without further notice to the participant. The newly dated agreement published on this website will then replace the previous agreement. The participant is responsible for regularly checking the Bea Grob – Mixed Media and More website for changes. If the participant continues to use Bea Grob – Mixed Media and More services and products after a modified agreement has been posted, the modified agreement will be deemed accepted. If the participant does not agree or no longer agrees with one or more conditions of this agreement or any amended version of this agreement, the participant must inform Creative Living of this within 30 days. In this case, the agreement will be considered cancelled, unless another solution can be found. Payments for services not yet rendered by Bea Grob – Mixed Media and More, will be refunded to the participant, but only as a result of a change in the General Terms and Conditions. Time of cancellation in this case is the time of receipt of the objection.
5 Final Provisions
1. These General Terms and Conditions and any amendments thereto must be in writing. Subsidiary agreements do not exist.
2. Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace an invalid provision with a valid provision whose content comes as close as possible to the economically intended meaning and purpose of the invalid provision. This shall apply accordingly in the event of contractual loopholes.
3. These General Terms and Conditions as well as the relationship between the Artist and Bea Grob – Mixed Media and More shall be governed exclusively by Swiss law.
Place of performance is Ganterschwil, Switzerland. For actions of Bea Grob – Mixed Media and More, which are directed against the participant, and for actions of the participant against Bea Grob – Mixed Media and More, the place of jurisdiction is the registered office of Bea Grob – Mixed Media and More. For users who are merchants, special assets under public law or legal entities under public law, the place of jurisdiction is also the registered office of Bea Grob – Mixed Media and More. However, Bea Grob – Mixed Media and More is entitled to sue these users at their place of residence.
Version 1.0
Ganterschwil, November 30, 2023
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: info@beagrob.com
Bea Grob