Terms of service

general terms and conditions

1. definitions

• events are special events that revolve around the creative design of ceramic blank such as birthday parties, team events, bachelorette parties, or theme-specific activities such as seasonal workshops (e.g. christmas or easter designs). these events offer a communal experience where participants can get creative in a relaxed atmosphere and create unique pieces of ceramics’. they are individually planned and tailored to the group.
  
  
• ceramic blank is a prefabricated, unglazed and pre-fired ceramic article that serves as a basis for creative design. it is available in various shapes and can be individually painted and decorated. after painting, the blank is glazed and fired, which gives it its final appearance and durability.
• ceramic piece is an individually designed and ready-fired work of art made of ceramics, made from a ceramic piece that has been creatively painted, decorated and then glazed and fired in a kiln.
  
  
• ceramic malbar studio is the commercial painting area of ceramic malbar.
  
  
• workshop is an event in which a group of participants work actively and hands-on on a specific topic, with the aim of imparting knowledge, developing skills or implementing creative projects in an interactive setting. in cm, workshop means that customers or participants paint or design ceramic micro pieces under guidance.

2. applicability and scope
the general terms and conditions (hereinafter referred to as gtc) apply in the version in force at the time of conclusion of the contract to all business relationships between ceramic malbar (hereinafter referred to as "cm") and its customers (hereinafter referred to as "customer"). contracts with companies (b2b) are excluded, unless otherwise expressly agreed in writing.

by using the services of cm, customers accept these terms and conditions.

service descriptions on the websites of cm and in catalogues do not have the character of an assurance or guarantee. all offers are valid "while stocks last", unless otherwise noted in the products. for the rest, errors are reserved.

3. contract

a. ceramic malbar studio
customers can book a place in the studio online or appear on site unannounced. the contract is concluded as soon as the customers have reserved the painting space online or paid the painting fee on site.

b. ceramic malbar to go (mobile offer of workshops at the customer's site)
the contract is concluded as soon as the customer has filled out the request form on the website and received a corresponding confirmation from cm. the booking can be confirmed or declined according to availability and in consultation with the customer.

c. ceramic malbar events
the booking of events in the studio is done via the corresponding request form on the website. the contract is concluded after individual coordination of the details and a binding confirmation by cm.

d. online-shop
the contract for the purchase of ceramic articles, ceramic painting packages, vouchers or accessories via the online shop is binding by clicking on the "send order" button.

4. delivery from online shop
if payment in advance has been agreed, delivery will take place after receipt of the invoice amount.
if the delivery of the goods fails due to the fault of the customer despite three delivery attempts, cm can withdraw from the contract. any payments made will be refunded to customers immediately.

5. availability of goods
if the ordered product is not available because cm is not supplied with this product by its supplier through no fault of its own, customers can withdraw from the contract. in this case, cm will inform the customer immediately and, if necessary, propose the delivery of a comparable product. if no comparable product is available or the customer does not wish to have a comparable product delivered, cm will immediately reimburse the customer for any consideration already provided.

customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

6. terms of payment and prices

a. ceramic malbar studio
the price for the painting offers in the studio vary depending on the chosen ceramic blank and is binding. payment is made on site using the payment methods offered.

b. ceramic malbar to go
the prices for the mobile workshops vary depending on the chosen ceramic blank, the number of participants and the venue.

the mobile workshops are offered with a minimum of 6 participants. for smaller groups, a small quantity surcharge will be charged.

in addition to the prices indicated, cm charges a service fee of at least chf 7 per participant. the service fee depends on the venue and the number of participants.

the total price will be clearly communicated before booking. an advance payment of 50% of the total amount is due upon order confirmation. payment must be made to the specified account within 20 days of receipt of the booking confirmation. the final payment is made within 10 days of completion of the service.

c. ceramic malbar events
prices for events and supporting programmes are agreed individually. additional costs for catering will be invoiced separately.

an advance payment of 50% of the total amount is due upon order confirmation. payment must be made to the specified account within 20 days of receipt of the booking confirmation. the final payment is made within 10 days of completion of the service.

we can demand payment in advance without giving reasons. the order will then be processed after receipt of payment.

d. online-shop
the prices in the online shop are binding. cm only accepts the payment methods displayed during the ordering process. the purchase price as well as any shipping costs incurred are due upon conclusion of the contract and are listed separately.

vouchers will only be redeemed on the terms and conditions shown on the voucher. it is not permitted to sell vouchers or voucher codes without our prior written consent. if payment is made by voucher, any remaining credit will be credited to the customer's account and automatically credited to the next order. the accumulation of promotions, coupons and discount codes is not possible.

the minimum order value for the online shop is chf 60. from an order value of chf 150, shipping costs to switzerland are included.
all prices are in chf (swiss francs) including vat.

the customers are already in arrears by missing the payment deadline. in this case, cm can claim the statutory default interest.

e. default
customers are already in arrears by missing the payment deadline. in this case, customers owe cm default interest of 5% from the due date.

f. prices
cm reserves the right to change prices at any time. for customers, the prices valid at the time of conclusion of the contract on the website www.ceramic-malbar.com or the separate catalogue apply.

7. cancellation and rebooking
cancellations of bookings (e.g. seats in the studio or mobile workshops) must be made at least 48 hours before the start via e-mail to cm. for later cancellations, cm may charge a cancellation fee of 50% of the booking value. rebooking are possible by arrangement, provided that capacities are available. for group bookings, different cancellation deadlines may apply, which will be agreed individually.

8. shipping, delivery and collection

a. shipping costs
shipping costs are calculated according to size and weight and shown separately. cm delivers to switzerland. delivery to other countries can also be made on request. deliveries outside switzerland may be subject to customs duties and taxes, which vary from country to country. they must be paid directly by the customer upon delivery.

b. delivery and pick-up conditions
the collection time for finished ceramic pieces is usually 5 to 7 working days from the date of manufacture. this is a non-binding guideline. the delivery time follows this guideline and provides for the additional days for shipping. customers will be notified of the completion by cm.
finished ceramic pieces must be collected within 30 days of notification of completion. after that, cm assumes no liability for storage or damage. in the event of non-collection after 60 days, cm reserves the right to dispose of the items.

c. ownership
ownership of the ceramic pieces remains with cm until the purchase price has been paid in full. until then, customers may not dispose of the products, in particular they may not sell, rent or pledge.

9. implementation of the offers

a. ceramic malbar studio
all materials and colours are available in the painting studio. the customer on site selects their ceramic piece and designs the ceramic piece independently or under supervision.

b. ceramic malbar to go
customers ensure that the premises are suitable for the workshop. cm reserves the right to cancel or postpone on-site workshops for security or organizational reasons.

c. ceramic malbar events
cm offers individual supporting programs for events that are based on the wishes of the customers. the booked program will be implemented according to the mutually agreed details.

d. online-shop
the ordered products will be sent to the customer according to the information on the website. ceramic malbar accepts no liability for delays or damage caused by the shipping service provider.

10. complaints, notice of defects and returns
cm points out that the ceramic pieces are made entirely by hand. minor deviations, slight irregularities in the glaze, small blobs of colour or a result that is not quite as expected do not constitute grounds for complaint.

a. complaints
despite the greatest care, irregularities can occur in individual cases. cm is happy to accept complaints and examines the facts. complaints must be reported immediately or within five working days via e-mail.

b. online shop: right of withdrawal
customers have the right to cancel the purchase within 14 days of receipt of the goods. the revocation must be served on cm in writing by e-mail or letter.

customers must return the goods received with the original packaging to cm within 14 days of the declaration of withdrawal. the costs for the return are at the expense of the customer. in the event of a late return, cm may refuse to take it back.

after receipt of the goods and their inspection, the purchase price, if already paid, will be refunded to the customer immediately. we reserve the right to make a deduction for possible damage or excessive wear and tear of the goods. the cost of shipping is non-refundable.

products specially made to order are excluded from return.

c. online-shop: notice of defects and returns
the illustrations and contents in the cm online shop are for illustrative purposes. deviations in structure and colour compared to the image in the online shop as well as due to the use of the product are unavoidable and therefore do not constitute defects.

upon arrival of the goods, customers must immediately check them for defects and quality. transport damage must be reported immediately to cm. complaints must be made in writing by e-mail within five working days. otherwise, the warranty for these defects does not apply.

customers must return the goods to cm in their original packaging and in their entirety.

the postage for any return for the purpose of exchange or remedying the defects is borne by the customer. the sales price will either be refunded by voucher or a replacement will be delivered postage-free.

11. liability
cm is only liable for damages that are based on an intentional or grossly negligent breach of duty. cm accepts no liability for damage caused by improper handling of third-party materials or products. cm shall also not be liable for any damages or delays caused by events beyond its control, including, but not limited to, natural disasters, extreme weather conditions, pandemics, strikes, government orders, failures of suppliers or shipping companies, and other cases of force majeure. in such cases, cm reserves the right to adjust its services accordingly, to extend delivery periods or to withdraw from the contract without this giving rise to claims for damages or other compensation.

a. damage during the firing process
cm assumes no liability for damage to the painted blanks that occurs during the firing process, unless the damage was caused by gross negligence on the part of cm. in such a case, cm naturally replaces the material used. unfortunately, the time spent on painting cannot be reimbursed.

12. privacy
by ordering the storage of the personal data entered in the course of using the website, the customer consents to the storage. this also applies to the storage of the ip addresses that are transmitted every time you use the website. personal data will not be passed on to third parties.

customers also agree that cm may store and use the personal data for direct marketing purposes. this includes addressing customers by e-mail and post in an advertising manner.

detail shots or videos of the ceramic pieces during design, which do not allow any conclusions to be drawn about the customer, may be stored and used by cm for marketing purposes (homepage, blog, newsletter, social media).

furthermore, cm refers to the separately viewed privacy policy on www.ceramic-malbar.com.

customers are fully responsible for the secure storage of their access data and passwords.

by accepting these gtc’s, customers also confirm that they have unlimited legal capacity and are of legal age.

13. other provisions

a. retention of title
owner of the products remains cm until the purchase price has been paid in full. until then, the customer may not dispose of the products, not sell, rent or pledge.

b. intellectual property rights
all rights to the products, services and any trademarks belong to cm or is entitled to use them by the owner.

neither these gtc’s nor any associated individual agreements shall constitute the transfer of intellectual property rights, unless explicitly stated.
in addition, any further use, publication and making available of information, images, texts or other information obtained by the customer in connection with these provisions is prohibited, unless explicitly authorized by cm.

if the customer uses content, texts or pictorial material in connection with cm to which third parties have a property right, the customer must ensure that no third-party property rights are infringed.

cm expressly reserves the right to amend these gtc’s at any time and to bring them into force without notice. the version of these terms and conditions in force at the time of the order shall be decisive in each case.

should any provision of these gtc’s be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected.

the registered office of cm (küssnacht/schwyz) is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. the legal relationship is subject to swiss law.

version 2.0_02.03.2025