General Terms and Conditions

1. Scope

1.1These General Terms and Conditions (“Terms and Conditions”) apply to all contracts between Machado UNIKA Moments, Kelmattstrasse 14, 6403 Küssnacht am Rigi, Switzerland, operating under the business name “UNIKA MOMENTS” (“we”), and its customers (“you”) concerning the purchase and personalisation of products and the Moment-Link service. They apply regardless of whether you order via our website unika-moments.ch, by email, via a messaging app such as WhatsApp, by phone or in person.

1.2Consumers are persons who order for personal or family use. Business customers are companies, associations, public bodies and other persons who order in the course of a professional or commercial activity. For business customers, section 15 also applies.

1.3The version of the Terms and Conditions published on our website at the time of your order applies. You can access, save and print it at any time.

1.4Deviating terms and conditions of customers only apply if we have expressly agreed to them in writing. Individual written agreements, for example a quotation, take precedence over these Terms and Conditions.

2. Presentation of products and availability

2.1The presentation of our products and prices on the website, on social media, in catalogues and in advertising is non-binding. It is not a binding offer but an invitation to order from us; this also applies to the display of goods with an indication of price (cf. Art. 7 CO).

2.2Photos, visualisations, 3D previews and design examples illustrate our products. Because each product is made individually to your specifications, the deviations described in section 6 are possible. The product description and, if we send you one, the preview you have approved (section 5) are authoritative.

2.3Our offers are valid as long as the required materials are available. If a product or variant is no longer available after you have ordered, we will inform you without delay and, where possible, suggest an equivalent alternative. If you do not want it, we will refund any amounts already paid in full.

3. Ordering and conclusion of the contract

3.1On our website, you choose a product, personalise it, for example with text, a photo or a Moment-Link, and add it to your basket. You then enter your contact, delivery and billing details and choose the shipping and payment method. Before submitting your order, you will see an overview of the products, personalisations, prices, shipping costs and total amount. There you can check all the details and correct them at any time until you submit the order. By clicking the button to place an order with an obligation to pay, you make a binding offer.

3.2Immediately afterwards, we will automatically confirm receipt of your order by email. This acknowledgement of receipt does not yet constitute acceptance of your order.

3.3The contract is concluded when we expressly accept your order, usually with an order confirmation by email, but at the latest when we dispatch the products. Charging your payment method or reserving the amount when you submit the order does not yet constitute acceptance.

3.4We check every order before accepting it, in particular the personalisation. We may reject orders, in particular if content breaches section 5, it is technically impossible to carry out the order, there is an error under section 4.4 or there are indications of misuse. If we do not accept your order within five working days, you are no longer bound by it. If no contract is concluded, we will refund any amounts already paid in full, within ten days at the latest.

3.5For orders placed by email, messaging app, phone or in person, the contract is concluded when we confirm the product, personalisation, price and delivery terms to you in writing, for example by email or messaging app.

3.6We store your order details and send them to you with the order confirmation. We communicate in German, French, Italian or English.

3.7Orders may be placed by adults and by minors with the consent of their legal representative.

4. Prices, shipping costs and errors

4.1All prices are final prices in Swiss francs (CHF). As we are not subject to VAT, we neither charge nor show any VAT.

4.2We state shipping costs and any surcharges, for example for express shipping, gift wrapping or special personalisations, on the website and show them separately in the ordering process before you submit your order.

4.3The price displayed at the time of your order applies. We reserve the right to change prices for future orders.

4.4Errors excepted. Despite careful checks, prices, product information or images may be displayed incorrectly due to typing, calculation or transmission errors or technical faults, such as a software or data error. We are not bound by obviously incorrect information; in such a case, we may reject the order. If the contract has already been concluded, we may invoke a fundamental error under Art. 23 et seq. CO and declare the contract not binding. In any case, we will inform you without delay, offer you the opportunity to order at the correct price and refund any amounts already paid in full.

4.5We will correct mere calculation errors; they do not affect the binding nature of the contract (Art. 24 para. 3 CO).

4.6Discount and voucher codes must be entered before the order is submitted. They cannot be combined with other promotions unless otherwise stated and are not redeemable for cash.

5. Personalisation, your content and preview

5.1You are responsible for the content you send us for personalisation, for example texts, names, dates, photos, logos and voice and video recordings (“content”). Please check spelling, dates and numbers in particular. We use your content as you send it to us and are not obliged to check it for errors.

5.2You warrant that you hold all rights to your content, in particular copyright, trademark rights, rights to names and personality rights, including the right to one’s own image, and that any persons depicted or named agree to its use or, in the case of minors, that their legal representatives do. If third parties bring claims against us because of your content, you must indemnify us against these claims and against the reasonable costs of our legal defence, to the extent that you are responsible for the infringement.

5.3We will not reproduce any content that, in our assessment, is unlawful or infringes the rights of third parties, in particular:

• third-party trademarks, logos, characters or club crests without authorisation;
• copyright-protected works of third parties without authorisation, for example album covers, song lyrics, illustrations or photos;
• the Swiss coat of arms, cantonal and municipal coats of arms and the Red Cross emblem;
• discriminatory, racist, violence-glorifying, pornographic, defamatory or extremist content;
• content that endangers or demeans children or young people.

5.4We may reject orders with such content, or withdraw from the contract if a breach only becomes apparent later. We will refund any amounts already paid; if you are responsible for the breach, we may deduct costs already incurred.

5.5Photos and logos should be provided in sufficient resolution. If a file is not suitable for good print quality, we will point this out to you. If you nevertheless insist on its use, we give no guarantee as to the resulting print quality.

5.6Where stated for the product or if we consider it necessary, we will send you a digital preview before production, for example by email or WhatsApp. Please check it carefully for spelling, dates, layout and image cropping. With your approval, the preview becomes the binding template; errors in approved content do not constitute a defect. The preview shows colours, proportions and the look of materials only approximately.

5.7If we receive no reply within 14 days of delivering the preview to you, we will send you a reminder. If the reminder also remains unanswered for seven days, we may either produce and deliver the product in accordance with the preview or withdraw from the contract and refund any amounts already paid.

5.8We will only accommodate requests for changes after approval or after production has started if this is still possible and against reimbursement of the additional costs.

5.9Your content remains yours. You permit us to use it to perform the contract, that is, for the preview, production, the Moment-Link and communication with you. We will only use your content or photos of your product for advertising, social media or references with your express, separate consent. Our own designs, templates and motifs remain our intellectual property; acquiring the product does not give you any right to use them in any other way.

5.10We usually delete your content and print files 90 days after delivery, unless we need them for longer for the Moment-Link, to remedy a defect or because of legal obligations. Please keep your own copies; we are not obliged to keep files for later repeat orders. You will find details in the Privacy Policy.

6. Product characteristics

6.1Each product is made individually. Minor deviations that are customary in the trade from the preview, images or other items, for example in shade, size, position or alignment of the print, are possible and do not constitute a defect, to the extent that you can reasonably be expected to accept them.

6.2Screens display colours differently. Printed colours may differ, especially on coloured, transparent, curved or textured surfaces.

6.3Natural materials such as wood, slate, cork or cotton vary in grain, colour, texture and edges. Enamel and ceramics may show small irregularities resulting from the manufacturing process. Such characteristics typical of the material do not constitute a defect.

6.4Dimensions and weights are approximate.

6.5Please follow the care and use instructions for each product, for example “wash by hand”, “do not put in the microwave” or “wash inside out at 30 °C”. Damage caused by improper use, incorrect cleaning or care, and normal wear and tear do not constitute a defect.

6.6For products intended for children, please observe the age and warning notices on the product and its packaging.

7. Payment

7.1You can see the available payment methods in the ordering process, for example TWINT, credit and debit cards, Apple Pay or Google Pay. Business customers can pay by invoice subject to agreement.

7.2Online payments are processed by specialised payment service providers. We do not receive full card details.

7.3Unless otherwise agreed, the price is payable when you place your order. We may reserve the amount when you submit your order and only charge it after acceptance.

7.4Invoices must be paid within 30 days of the invoice date without deduction. After this period, you will be in default without the need for a reminder. We may charge default interest of 5% per year and, from the second reminder onwards, a reminder fee of CHF 20 per reminder.

7.5As long as payment is outstanding, we may postpone production.

8. Delivery

8.1We deliver to addresses in Switzerland. Deliveries abroad, including to Liechtenstein, are only possible by special arrangement.

8.2The production and delivery times stated are indicative unless we have expressly confirmed a date as binding. They start when the contract is concluded, but not before payment has been received and, where applicable, the preview has been approved.

8.3If you need a product by a specific date, for example for a birthday or a wedding, please let us know when you order. Such a date is only binding if we have expressly confirmed it.

8.4If we do not deliver within the agreed period or a reasonable period, you may set us a reasonable additional period and, if it expires without delivery, withdraw from the contract. We will refund any amounts already paid without delay. Section 11 applies to claims for damages.

8.5Partial deliveries are permitted if you can reasonably be expected to accept them; they do not result in any additional shipping costs for you.

8.6The risk of loss and damage passes to you as soon as the consignment has been handed over to you or to a person authorised to receive it, placed in your letterbox or parcel box, or left at a specific place with your consent, for example a safe-place authorisation. For business customers, the risk passes when the consignment is handed over to the carrier.

8.7Please check the consignment for external damage on receipt and report any transport damage to us with photos, if possible within seven days. This makes it easier to clarify the matter with the carrier; your rights under section 10 remain unaffected.

8.8If a consignment cannot be delivered because of incorrect address details or is not collected, you bear the costs of sending it again. In this case, we will keep personalised products for you for 60 days.

9. No return of personalised products; cancellation

9.1In Switzerland, there is no statutory right of withdrawal or return for online purchases. As our products are personalised to your specifications and made especially for you, exchanges and returns are excluded. Your rights in the event of defects under section 10 remain unaffected.

9.2As long as we have neither created a preview nor started production, you can cancel your order free of charge; we will refund any amounts already paid in full. After that, cancellation is only possible with our consent. In that case, we may charge the costs already incurred for design, materials and labour, but no more than the agreed price.

10. Warranty

10.1We warrant that, when the risk passes, the products correspond to the order and the approved preview and have no defects that eliminate or substantially reduce their value or their fitness for the intended use.

10.2In particular, the following do not constitute defects: deviations under section 6, errors in content that you have sent or approved, loss of quality due to unsuitable files that we have pointed out to you, normal wear and tear, and damage caused by improper use, incorrect cleaning or care.

10.3Please examine the products after receipt as soon as this is feasible in the normal course of business. Notify us of apparent defects within 14 days of receipt and of hidden defects immediately after their discovery, in each case by sending a brief description and photos to [Email address · to be completed]. If you do not notify us in time, the product is deemed to have been accepted with regard to that defect (Art. 201 CO).

10.4If a defect claim is justified, we will, at our option, remake the product free of charge or remedy the defect. If this is not successful within a reasonable period or if it is unreasonable for you, you may demand an appropriate price reduction or, in the case of a significant defect, withdraw from the contract and reclaim the price paid.

10.5We bear the costs of remedying the defect, including shipping within Switzerland. In the case of clear defects, we usually do not require the product to be returned; please keep the product until the matter has been settled.

10.6Warranty claims become time-barred two years after delivery. For business customers, section 15 applies.

11. Liability

11.1We are liable in accordance with the statutory provisions for damage that we cause intentionally or through gross negligence, for personal injury and under the Product Liability Act.

11.2In all other respects, our liability for slight negligence is excluded to the extent permitted by law. This also applies to our auxiliaries.

11.3We are not liable for delays or failures to perform due to events that we cannot avert despite exercising due care, such as natural events, epidemics, measures by authorities, strikes, disruptions at postal and transport companies, power, internet or data centre outages, cyberattacks or failures of our suppliers to deliver through no fault of our own. If such an event lasts longer than 30 days, either you or we may withdraw from the contract; we will refund amounts paid for goods or services not provided.

11.4We strive to provide a secure website that is free of disruptions, but we cannot guarantee uninterrupted availability.

12. Moment-Link

12.1With the Moment-Link, we store a voice or video recording sent by you, usually up to 60 seconds long, or a photo (“recording”) and make it accessible via a personal link. The link is delivered with your gift as a QR code and/or NFC chip, for example on a Moment card. On request, the link can lead to a web address of your choice instead of a recording, for example to a song on a streaming service; we are not responsible for the content of third-party websites.

12.2We will keep the recording accessible for at least 5 years from activation (minimum term). After that, it will usually remain accessible for as long as we operate the service. Before we discontinue the service or delete a recording after the minimum term has expired, we will inform the person who placed the order by email at least three months in advance and enable the recording to be downloaded. If we discontinue the service before the minimum term has expired, we will refund the surcharge paid for the Moment-Link on a pro rata basis for the remaining period.

12.3Brief interruptions due to maintenance, faults or events under section 11.3 are possible.

12.4Recordings are not publicly discoverable and are not indexed by search engines. However, anyone who has the Moment card, the QR code or the link can access the recording and copy it, for example with a screen recording. Therefore, only give the link and the card to people who are allowed to see or hear the recording. In the event of loss or misuse, we will block or replace the link at your request.

12.5Sections 5.1 to 5.4 apply accordingly to recordings. In particular, recordings must not contain music or other works of third parties to which you do not hold the rights, for example background music from the radio or streaming services. We may block or delete recordings that, in our assessment, breach these rules or whose lawfulness is disputed by third parties or authorities; we will inform you of this where permitted.

12.6The person who placed the order can have the recording deleted at any time. The recording can be replaced by arrangement, possibly for a fee. Persons who appear in a recording can request that it be blocked.

12.7Accessing a recording requires a smartphone, tablet or computer with internet access and an up-to-date browser; tapping requires a smartphone with NFC. The QR code also works without NFC. We cannot guarantee that every device is supported.

12.8A sound wave printed on request is a graphic representation of the recording and cannot be played.

13. Vouchers

13.1Vouchers can be redeemed for 5 years from the date of issue.

13.2Vouchers are not redeemable for cash and cannot be used to purchase further vouchers. Any remaining balance remains available until the end of the validity period.

13.3We will only replace lost or stolen vouchers if they have not yet been redeemed and can be clearly identified and blocked on the basis of the proof of purchase.

14. Intellectual property

Content, designs, images and trademarks on our website are protected. They may not be copied, distributed or otherwise used without our written consent. Section 5.9 remains unaffected.

15. Additional provisions for business customers

15.1Quotations are valid for 30 days unless otherwise stated. The contract is concluded with our written order confirmation. Approved previews, samples and print proofs are binding.

15.2You must supply logos and artwork in suitable quality, where possible as vector files, and you warrant that you are entitled to use them. The indemnity under section 5.2 applies regardless of fault.

15.3For production runs of 50 or more items that are not individually personalised, production-related over- or under-deliveries of up to 5% are permitted; the quantity delivered will be invoiced.

15.4Apparent defects must be notified in writing within seven days of receipt, hidden defects immediately after their discovery. Warranty claims become time-barred one year after delivery.

15.5We are only liable for indirect and consequential damage, for example loss of profit or additional costs due to missed deadlines, in the event of intent or gross negligence. Liability for auxiliaries is excluded to the extent permitted by law.

15.6Set-off against counterclaims is only permitted if these have been acknowledged by us or established by a final and binding decision.

15.7If you withdraw from a confirmed order, you owe payment for the work already carried out and full compensation (Art. 377 CO).

15.8We will only name your company as a reference with your consent.

15.9The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

16. Data protection

We explain how we process personal data in our Privacy Policy.

17. Final provisions

17.1We may amend these Terms and Conditions at any time. The new version applies to orders placed from the time of its publication. We will give advance notice by email of any material changes affecting active Moment-Links; if you do not agree with them, you can have the recording deleted.

17.2If any provision of these Terms and Conditions is invalid, the other provisions remain valid.

17.3These Terms and Conditions are available in German, French, Italian and English. In the event of any discrepancy, the German version prevails.

17.4Swiss law applies, to the exclusion of its conflict-of-laws rules. Mandatory provisions for the protection of consumers remain unaffected.

17.5The place of jurisdiction is Küssnacht am Rigi. For consumers, the mandatory places of jurisdiction under Art. 32 CPC apply; in particular, they may also bring an action at their domicile, and any action against them is brought there.

17.6We would like to resolve any concerns amicably. Please contact us first at [Email address · to be completed].