These terms and conditions (the “Terms and Conditions”) are the terms and conditions upon which Buddha Oasis (“we/us”) make this website (the “Buddha Oasis Site”) available to you and any of our services which are accessible on or via the Buddha Oasis Site (the “Buddha Oasis Service”).
These Terms and Conditions govern your use of the Buddha Oasis Site and the Buddha Oasis Service.
1. STATUES
1.1
All statues as depicted on this website (as may be varied from time to time) are intended to be available anywhere in the world, however delivery may not be possible in some countries for a variety of reasons.
1.2
All statues are subject to availability.
1.3
In the event that we are unable to supply all or part of your order (the statue), we shall notify you as soon as possible and reimburse your payment in full no later than 30 days after receiving your order.
1.4
Statues are normally delivered within a 4–12 week delivery window depending if the statue(s) are in-stock in Switzerland. We will contact you as soon as we can if we know that your statue cannot be definitely delivered within 12 weeks from the date of your order.
1.5
Further information regarding statue availability and delivery options may be presented when placing your order.
2. PRICES
2.1
Prices listed are valid for a maximum of one calendar month after placing your order.
2.2
Except where specifically stated statue prices include free delivery (limited to unloading) to the address provided with your order. A delivery surcharge may be applied for delivery to remote addresses. Prices do not include installation within your home, garden or premises unless agreed in advance.
2.3
A standard processing fee may be applied to orders when using credit cards depending on the type of card used.
2.4
Any transaction charges for direct bank transfers are to be covered by customer.
3. ORDERS / PAYMENT
3.1
You will be given clear instructions to navigate the order process on the Buddha Oasis Site and will be required to provide us with complete and accurate personal details, including name, address, postcode and country.
3.2
We accept payment by PayPal and most major credit and/or debit cards and any other credit and/or debit cards as we may specify from time to time. We also accept payment by direct bank transfer. Please contact us to organize a direct bank transfer.
3.3
By clicking on the “Place Order” button at the end of the order process, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing anywhere on the Buddha Oasis site.
3.4
Submitting your order is subject to our acceptance of this offer. We will send an email confirmation of your order details to advise that we are processing your order via the email address you provide. We will not consider ourselves bound by a contract with you until we have issued this email confirmation.
3.5
We cannot accept orders from customers under the age of eighteen (18) years.
4. DELIVERY
4.1
Except where stated, Standard Delivery is within 4–12 weeks and except where specifically stated statue prices include free delivery (limited to unloading) to the street address provided with your order. A delivery surcharge may be applied for delivery to remote street addresses. Prices do not include installation within your home or garden unless agreed with us in advance.
4.2
Statue delivery is available during normal working hours 9 am–5 pm during the working week (Monday to Friday). Delivery on weekend is possible with prior agreement and may be subject to additional transport charges to cover for weekend work.
4.3
To avoid problems or delays with delivery, please ensure that you have included the full address details, including accurate postcode of the intended recipient and telephone number, together with your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered.
4.4
Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date or during the delivery period, you acknowledge that actual delivery will be via a local transport company.
4.5
In the case of delivery to certain locations, where a third party is involved, the signature of any personauthorised to accept delivery on behalf of the customer shall be accepted as proof of delivery to your chosen recipient.
4.6
Please be aware that the carrier will deliver the goods to the address provided in good faith and we cannot accept responsibility if the intended recipient is no longer at that address and the receiver refuses or fails to return the items(s).
4.7
Please note that if you order a number of statues for delivery to the same address, they may need to be dispatched separately we cannot guarantee delivery of all statue orders on the same day but will try if you notify us 48 hours in advance of the delivery day.
5. Cancellation/Amendments
5.1
You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances.
6. Buddha Oasis Customer Contact Centre
6.1
In the event that you are not satisfied with any statue or service provided by Buddha Oasis your complaints should be addressed in the first instance to:
By email: monika@buddhaoasis.com
By telephone: +41 79 246 9922
6.2
Our Customer Service Contact Centre is available 12 hours/day from 9 am to 9 pm seven days a week except for public holidays.
7. Disclaimer
7.1
Whilst we agree to use all reasonable endeavours to ensure that the Buddha Oasis Site and/or the Buddha Oasis Service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Buddha Oasis Site and/or the Buddha Oasis Service and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the Buddha Oasis Site and/or the Buddha Oasis Service impossible or impractical.
7.2 (a)
We accept liability for death or personal injury arising from our negligence.
7.2(b)
Subject to clause 7.2(a), our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your order with us shall be limited to a multiple of [5] times the price you have paid for the products.
7.2(c)
Subject to clauses 7.2(a) and 7.2(b) above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the Buddha Oasis Site and/or the Buddha Oasis Service, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient’s statutory rights in relation to the quality, fitness or description of the products supplied.
7.2 (d)
Subject to clauses 1.5 we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control.
7.3
Changes to these terms of use may be made at any time.
8. General
8.1
We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Buddha Oasis Site and/or the Buddha Oasis Service from time to time. We will post any changes on the Buddha Oasis Site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Buddha Oasis Service or Buddha Oasis Site.Changes will be effective forty-eight (48) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.
8.2
Additionally, we reserve the right to suspend, restrict or terminate access to the Buddha Oasis Site and/or the Buddha Oasis Services for any reason at any time.
8.3
These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Buddha Oasis Site, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
8.4
We shall ensure that we comply with the requirement of all current data protection legislation that applies to our customers in any jurisdiction. We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions and as stated in our Privacy Policy.
8.5
In respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
9. Intellectual Property
9.1
All other rights, including copyright, in this website are owned by Buddha Oasis. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use is prohibited without the permission of Buddha Oasis. You may not modify, distribute or repost something on this website for any purpose.
9.2
Selected editorial articles and photos contained on this site remain copyright of Buddha Oasis and/or its business partners.
10. My Account service – terms and conditions
10.1
The Buddha Oasis My Account service (‘the Service’) is provided as a complimentary feature for your personal use subject to these Terms and Conditions. In order to provide the Service, we will hold certain personal information. Except to the extent that we are required or permitted by law, any personal information which we collect will be used solely for the purposes of providing the Service.
10.2
To register with the Service you must be over eighteen (18) years of age.
10.3
When you register with the Service you will be required to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us immediately. Should you forget your password, please use the password reminder service (this option can be found adjacent to the My Account login box).
10.4
If Buddha Oasis has reason to believe that there is likely to be a breach of security or misuse of the Service or site, we may require you to change your password, or may suspend use of the Service.
10.5
You must ensure that the details you provide on registration or at any time are correct and complete.
10.6
You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. You can update the details you have given us at any time by going to the ‘Edit Profile’ section of the My Account area of the website OR emailing monika@buddhaoasis.com. This will ensure that the Service we provide is accurate and up to date. Please also visit this page OR email us if any of the information that we hold about you is incorrect or needs updating, or if you want us to delete any personal information.
10.7
Use of the Service is intended to assist with purchases to be made via the site. The Service must not be used for the following purposes:
- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Gaining unauthorised access to other computer systems.
- Interfering with any other person’s use or enjoyment of the Site.
10.8
Buddha Oasis reserves the right to refuse to post material on the Site, or to remove material already posted on the Site.
10.9
Whilst we take every reasonable precaution and care in relation to the Service, we do not make any representation or warranties of any kind (express or implied) with respect to the contents or operation of this Service, and any such representations and warranties are excluded by this notice. We do not warrant that use of the Service will be uninterrupted or error free. Whilst every effort is made to ensure reminder emails set up on your account are processed and delivered as requested, we cannot be held responsible for non-delivery of these messages. Your use of the Service is done so entirely at your own risk and we do not accept any liability whatsoever for losses or damages that you may suffer as a result of your use of the Service.
10.10
Your access to the Site and Service may be occasionally restricted to allow for routine maintenance.
10.11
These Terms and Conditions operate in conjunction with general Terms & Conditions of the Site governing overall use and order placement. We are committed to protecting your privacy, further information is contained within our Privacy Policy.
10.12
If you have any queries please contact us using the contact details below:
By email: monika@buddhaoasis.com
By telephone: +41 79 246 9922
10.13
We have obligations in relation to your personal information under Swiss Data Protection law. Some of the information you provide may be “sensitive” information under the Act (i.e. information on “delicate” matters, including race, political opinions, religion, trade union membership, physical or mental health or condition, sexual life etc). By registering for the Service and providing your details, you agree to us using information in the way set out above. Where you provide information about other people (for example their date of birth, or their address) you also confirm that have the consent of these people to provide us with that information.
11. GENERAL
11.1
A person who is not a party to the agreement between you and us has no rights to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.
11.2
The User is obliged to observe all rules of law, morals, and public decency, which explicitly or implicitly apply in Switzerland.
12. ADVERTISEMENTS
12.1
The Service may be supported by advertising revenue and may display advertisements and promotions on or in connection with the Service, and may be targeted to Content subject matter. You hereby agree that Buddha Oasis may present advertising in connection with the Service in consideration for the rights granted you to access and use the Service. Any decision to utilize advertising, and the manner, mode, extent and terms of any advertising, presented with the Service, are subject to change. We shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such practices or changes or as the result of the presence of such advertisers on the Service, including, without limitation, any change in the cost of obtaining any Service. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
13. LAW AND JURISDICTION
13.1
These Terms and Conditions will be governed by and construed in accordance with the laws of Switzerland. Exclusive place of Jurisdiction is Basel Stadt, Switzerland.