1. Scope of application
These General Terms and Conditions of Sale ("General Terms and Conditions" or "GTC") are applicable to all activities provided by the Société Individuelle Thomas Crauwels Fine Alpine Photography (hereinafter the "Company") CHE-481.958.328, company located at Route de la Jorette 66, 1899 Torgon.
The company specialises in the sale of prints large-format, limited edition mountain photographs.
These Terms and Conditions apply to all sales made by the Company, whether through the Company's website (https://thomascrauwels.ch), through resellers, through sales made by telephone, by email, by oral statement or by any other means.
By accessing and using the Company's website, in particular by purchasing the Company's products, the customer acknowledges that he/she is bound by these General Conditions, which he/she declares to have read and understood.
The Company reserves the right, at its sole discretion, to amend these Terms and Conditions at any time. It is the client's responsibility to consult them regularly in order to be informed of any changes. The Terms and Conditions applicable at the time of the conclusion of the contract by the client shall apply, unless the client has expressly accepted other provisions in writing.
2. Conclusion of the contract
The contract is concluded when the client accepts the Company's offer in connection with the purchase of the Company's products.
The contract is in any case concluded as soon as the client accepts the services offered by the Company and/or when he orders products on the Company's website or when he buys his products directly.
3. Awards
Unless otherwise agreed, all prices are quoted in Swiss francs (CHF). The Company reserves the right to indicate prices in other currencies depending on the countries in which its products are sold.
All prices quoted do not include additional amounts for value added tax (VAT), where applicable. The applicable VAT rate is determined by the country concerned.
The prices do not include any additional taxes that may apply.
Prices include postage and packing.
The Company reserves the right to change its prices at any time. The prices indicated on the Company's website and in its price list shall apply at the time the contract is concluded.
4. Payment
The company offers the customer the following payment methods: Invoice, Credit card, PayPal, Instalment payments.
Generally, the sales price shall be paid in full by the customer upon conclusion of the contract. The Company will send the ordered products as soon as the sales price is paid. In certain cases, the Company may, at its discretion, issue an invoice to the customer and send the ordered products before the sales price has been paid.
The customer undertakes to pay the invoice within 30 (thirty) days from the date of issue of the invoice.
If the invoice is not paid within the above-mentioned period, the customer will be challenged. The customer will automatically be in default if he still does not pay the invoice within the additional period set.
Upon notice of default, the customer undertakes to pay default interest of 5% (five per cent).
The company reserves the right to demand payment of an advance at any time and without giving reasons.
If the company offers products for sale, hire or other use through an internet platform, then it reserves the right to require payment to be made electronically at frame during the ordering process (credit card, Paypal or other payment systems).
It is not possible for the client to offset any claim against the invoice amount that he has to pay to the Company.
The Company reserves the right not to carry out a delivery or service in the event of late payment.
5. Obligations of the Company
5.1. Delivery / Delivery date
Delivery will be made within 15 (fifteen) working days Next if the order is to be made in Switzerland. Longer delivery times may apply in the case of international sales.
If timely delivery is not possible, the customer will be informed of the new delivery date or availability of the product within 5 (five) working days Next . The Company will endeavour to offer an alternative.
If the Company, its suppliers or commissioned third parties are unable to perform on time due to force majeure, e.g. in the event of natural disasters, earthquakes, volcanic eruptions, avalanches, bad weather, storms, war, political or social unrest, civil war, revolution and insurrection, terrorism, sabotage, strike or nuclear accident or damage to nuclear reactors and shortage of stock of the various suppliers, then the Company is released from the obligation to perform its service during these cases of force majeure as well as during an appropriate period of time Next the end of these events. If the case of force majeure lasts for more than 30 (thirty) days, the Company is entitled to withdraw from the contract. The Company must then refund in full the sums already paid by the client.
All other claims, in particular claims for damages due to force majeure, are excluded.
Unless otherwise agreed, the place of performance shall be the place of the Company's registered office.
The service provided by the Company shall be deemed to have been performed when the products are handed over to the carrier chosen by the Company.
Deliveries may be subject to Incoterms.
5.2. Auxiliaries
The Company expressly reserves the right to engage auxiliary persons to perform its contractual obligations.
6. Cancellation of the order
Where a contractual deadline is stipulated, cancellation of an order will not incur any additional costs if it is notified at least 24 (twenty-four) hours before the deadline.
7. Exchange
The customer can exchange and be reimbursed for the products within 14 (fourteen) days of receipt. The products must be in their original packaging and in new condition. The company shall bear the costs of return and exchange.
8. Guarantee
The legal provisions concerning the guarantee apply.
The duration of the above guarantees is 24 (twenty-four) months.
Any defects must be reported to the Company immediately. The Company shall then decide whether the defective product shall be repaired or replaced. The client shall only have a claim for a reduction or reimbursement of the purchase price if a replacement or repair is not possible. The customer may not request a replacement product during the repair period. The warranty period shall start again for the repaired component and shall continue to run according to the original warranty period for the other components.
A refund is not possible.
9. Liability
Any liability for indirect or consequential damage is excluded.
Liability for direct damage is limited to the purchase price of the product / the price of the service. This limitation of liability does not apply in cases of intent or gross negligence.
The client is obliged to inform the Company immediately of any damage.
A possible liability of auxiliary persons is not excluded, to the extent permitted by law.
10. Intellectual property rights
The Company has all rights to the products and services it offers.
Neither these Terms and Conditions nor the individual agreements relating to them deal with the assignment of intellectual property rights, unless this is expressly provided for.
Furthermore, any re-use, publication or dissemination of information, images, texts or any other elements that the client receives in connection with these provisions is excluded, unless expressly authorised by the Company.
The client must ensure that he/she does not violate any intellectual property rights of third parties when using content, images, texts or graphics in connection with the Company.
11. Data protection
The Company shall process and use the data collected at the time of the conclusion of the contract in order to fulfil its contractual obligations. The Company shall take all necessary measures to ensure data protection in accordance with the legal provisions. The client agrees to the storage and use of his/her data in accordance with the contract and is aware that the Company may disclose his/her data or the data of third parties in the event of orders from a court or authority. Unless the customer has expressly excluded it, the Company is entitled to use its data for marketing purposes. The data required for the execution of the service may be transferred to service partners commissioned by the Company and to other third parties.
Data protection legislation applies.
12. Integral
These General Terms and Conditions supersede any previous agreements or provisions. Only the provisions of individual contracts which specify these General Conditions shall take precedence over them.
13. Saving clause
The validity of these General Terms and Conditions shall not be affected if any of its provisions or appendices are or should be declared invalid. In this case, the invalid provision shall be replaced by a valid provision that comes close to the purpose of the invalid provision. The same applies in the case of a possible contractual loophole.
14. Privacy
The client, the Company and their assistants undertake to keep secret all information that has been exchanged or acquired in the course of the services provided frame . The obligation of confidentiality shall continue even after termination of the contract.
15. Agents and distributors
The client accepts that any distributors or agents may work independently of the Company and that any potential claims should therefore be made directly against them. The Company accepts no responsibility for any breach of contract by any agents or distributors.
16. Applicable law / Place of jurisdiction
These General Terms and Conditions are subject to Swiss law.
The courts located at the place of the Company's registered office shall have jurisdiction to settle any dispute between the parties, unless otherwise provided by mandatory legal provisions.
The Company is free to bring legal action at the defendant's seat/domicile.
This contract is an acknowledgement of debt within the meaning of Article 82 of the Federal Law on Debt Collection and Bankruptcy (LP).
The application of the United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is expressly excluded.
17. Contact
For any questions or requests for information, the customer can send an e-mail to the following address: contact@thomascrauwels.ch.
We will be happy to answer your questions!
