TERMS & CONDITIONS
The sole company MaxwellArt Photography, hereinafter referred to as the supplier.
Validity of the GTC
The General Terms and Conditions are based on Swiss law and apply within Switzerland, provided that the parties expressly or tacitly accept them. Amendments and collateral agreements shall only be effective if they are confirmed in writing by the supplier. If a contract is concluded and the customer also submits GTC, the concurring items shall apply. With regard to the deviating parts, a written agreement shall be made. These GTC are valid for an indefinite period of time, as long as they have not been changed by the parties in written agreement. In all other respects, the provisions of the Swiss Code of Obligations concerning the contract of sale (Art. 184 et seq. of the Swiss Code of Obligations), as well as other Swiss laws and regulations, shall apply. Should any provision of this contract be or become invalid or should the contract contain a loophole, the legal validity of the remaining provisions shall remain unaffected. In place of the invalid provisions, a valid provision shall be deemed to have been agreed from the outset which comes closest in economic terms to that intended by the parties. The same shall apply in the event of a loophole.
Offers of the supplier
The supplier sells Fan products to end customers. If the customer wishes to make a change to the order confirmation, the supplier shall inform the customer within two working days whether the change is possible and what effect it will have on the provision of the services, the dates prices. The change does not apply to products that have already been delivered.
The Supplier undertakes to deliver the agreed products to the Customer on the dates specified in the order confirmation, while the Customer undertakes to accept and pay for these products at the predetermined time. The dates shall be reasonably postponed if obstacles occur which are beyond the will of the Supplier; such as acts of nature, mobilization, war, riots, epidemics, accidents and illness, significant operational disruptions, labor disputes, late or defective deliveries, and governmental measures. In the event of other delays, the customer may waive further deliveries: He must inform the supplier of this without delay. Request partial deliveries, if possible: this must be agreed without delay.
Set the supplier a reasonable deadline for subsequent performance: If the supplier does not perform by the expiration of this grace period, the customer may, if he declares it immediately, waive the subsequent performance or withdraw from the contract.
The supplier must inform the customer as soon as possible of any delays. Any damages shall be calculated in accordance with Art. 191 OR.
Fulfillment of contract
The order confirmation shall be decisive for the scope and execution of the delivery. The supplier shall deliver the products in the version ordered. Unless a special place of performance has been agreed by the parties or is evident from the nature of the transaction, delivery shall be deemed to be the provision of the Products at the Supplier’s place of business. Unless expressly agreed otherwise, benefit and risk shall pass to the customer upon dispatch of the goods from the sender. Unless a special acceptance procedure has been agreed, the customer shall inspect the products himself and notify any defects in writing. If the customer fails to give such notice within two weeks after delivery, the products shall be deemed free of defects in all functions and the delivery shall be deemed approved. The customer is then obliged to pay on time.
Prices and terms of payment
Prices are specified in the price list. Value added tax is already included in the price. The buyer pays the transport costs and the costs for the inspection of the goods. The customer pays when ordering
Retention of title
The goods remain the property of the supplier until full payment.
The supplier undertakes to take care and deliver the products in a good quality. He further commits himself to the professional working method of the assigned employees. In the event of defects in the delivered goods, the customer may demand cancellation or reduction of the purchase price or replacement of the goods of the same type in accordance with the Swiss Code of Obligations. The provisions of the OR apply. Excluded from the warranty are defects and malfunctions for which the supplier is not responsible, such as natural wear and tear, force majeure, improper handling, interventions by the customer or third parties, excessive stress, unsuitable equipment or extreme environmental influences. If the customer resells the products, he is responsible for compliance with domestic and foreign export regulations. If the customer modifies the resold products, he shall be liable for any resulting damage to the supplier, the purchaser or third parties. The provisions of the Product Liability Act remain reserved.
Duty to inform
The parties shall inform each other in good time of any special technical requirements as well as legal, official and other regulations at the place of destination, insofar as they are of significance for the execution and use of the products. Furthermore, the parties shall inform each other in good time of any obstacles that may jeopardize the performance of the contract or lead to inappropriate solutions.
The place of jurisdiction is the registered office of the supplier. However, the supplier may also call upon the court at the customer’s registered office. The parties shall endeavor to settle any disputes arising from the performance of this contract amicably.