Terms of service
OVERVIEW
This website is operated by Nadia Heynike Gallery. Throughout the site, the terms “we”, “us” and “our” refer to Nadia Heynike Gallery. Nadia Heynike Gallery offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms carefully before accessing or using our website. By using any part of the site, you agree to be bound by them. If you do not agree, you may not access or use the website or any services.
Any new features added to the store are also subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. Your continued use after changes constitutes acceptance of the updated Terms.
Our store is hosted on Shopify Inc., which provides the ecommerce platform enabling us to sell our products and services.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you confirm that you are at least the age of majority in your country of residence, or that you are such age and have given consent for any minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose. You must not transmit any viruses or malicious code.
A breach of these Terms may result in immediate termination of the Service.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for legitimate reasons at any time.
(Updated to comply with Swiss anti-discrimination standards.)
You understand that your content (excluding credit card information) may be transferred unencrypted over networks. Credit card data is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell or exploit any portion of the Service without our written permission.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Information provided on this site may not always be complete or current. Any reliance is at your own risk.
We may modify site content at any time but are not obligated to update it.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices are subject to change without notice.
We may modify or discontinue the Service at any time. We are not liable for any such changes.
SECTION 5 – PRODUCTS OR SERVICES
Certain products may be available exclusively online and in limited quantities. Returns and exchanges follow our Return Policy.
We attempt to display product colors accurately but cannot guarantee exactness due to monitor differences.
We reserve the right to limit sales by person, region or jurisdiction, and to limit quantities. We may discontinue products at any time.
We do not warrant that product quality or Service results will meet your expectations.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We may refuse any order. We may limit or cancel quantities purchased per customer, household, or order. If changes are made, we may attempt to notify you using the contact information you provided.
You agree to provide accurate and current purchase information.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” and without warranties. Use of such tools is at your own risk.
SECTION 8 – THIRD-PARTY LINKS
Third-party links may direct you to websites not affiliated with us. We are not responsible for third-party materials or services, nor for any damages arising from their use.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send comments or submissions, you grant us the right to use them without restriction. We are not obligated to maintain comments in confidence or to respond to them.
You agree that your comments will not violate any third-party rights or contain harmful or illegal material.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy, which complies with the Swiss Federal Act on Data Protection (FADP).
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
We may correct errors or omissions and cancel orders affected by them. We are not obligated to update information except as required by Swiss law.
SECTION 12 – PROHIBITED USES
You are prohibited from using the site for unlawful purposes, to violate Swiss or international law, to infringe intellectual property, to harass or discriminate, to upload malware, or to interfere with the Service.
We reserve the right to terminate your use for violating prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that the Service will be uninterrupted or error-free.
The Service and all products are provided “as is” unless otherwise required by Swiss law.
To the fullest extent permitted by Swiss law, Nadia Heynike Gallery shall not be liable for indirect or consequential damages.
(Updated: Swiss law often limits the enforceability of broad disclaimers; this wording is compliant.)
SECTION 14 – INDEMNIFICATION
You agree to indemnify and hold harmless Nadia Heynike Gallery, its employees, affiliates, and partners from claims arising from your breach of these Terms or violation of any law or third-party rights.
SECTION 15 – SEVERABILITY
If any provision is found unlawful or unenforceable under Swiss law, it will be severed without affecting the remaining provisions.
SECTION 16 – TERMINATION
Obligations incurred prior to termination remain in force. Either party may terminate by ceasing use of the site. We may terminate use for failure to comply with the Terms.
SECTION 17 – ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Nadia Heynike Gallery, superseding prior communications.
SECTION 18 – GOVERNING LAW
These Terms and any agreements for Services shall be governed exclusively by the laws of Switzerland, without regard to conflict-of-laws principles.
(Updated from UK law.)
You agree that disputes shall fall under the jurisdiction of the competent courts of Zurich, Switzerland, unless mandatory consumer jurisdiction rules apply.
SECTION 19 – CHANGES TO TERMS
You can review the newest version of the Terms at any time on this page. Updates become effective upon posting.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms should be sent to:
📧 nadia@nadiaheynike.com