Terms and conditions

1. Scope of application
The General Terms and Conditions shall apply in the respective version current at the time of conclusion of the contract to all business relations between the Shop of the Foundation for Photography (hereinafter referred to as « Fotostiftung Schweiz Shop ») and its customers.
By submitting an order or executing a download, the customer expressly agrees to these General Terms and Conditions.

These General Terms and Conditions apply exclusively. Any terms and conditions of the customer that conflict with or deviate from these Terms and Conditions shall not be recognised unless the Fotostiftung Schweiz Shop has expressly agreed to them in writing in an individual case.

2. Registration
Every order requires prior registration as a customer with the Fotostiftung Schweiz Shop or an order as a guest, providing the specified contact details. Multiple registration under different names or addresses is not permitted. Upon successful completion of the registration process, the customer is admitted to the system by the Fotostiftung Schweiz Shop.

The Fotostiftung Schweiz Shop may revoke the admission at any time. In this case, the Fotostiftung Schweiz Shop is entitled to immediately block and delete the login name and the corresponding password.

3. Conclusion of contract
The presentation of the Fotostiftung Schweiz Shop’s product range does not constitute an offer to conclude a contract of sale with the customer. It is non-binding.

The contract shall be concluded when the Fotostiftung Schweiz Shop accepts the contract offer made by the customer’s order by means of an order confirmation sent by e-mail. This order confirmation describes the essential contents of the order. The customer shall check the order confirmation for obvious spelling and calculation errors as well as for discrepancies between the order and the confirmation. Any discrepancies must be reported to Fotostiftung Schweiz Shop immediately.

If customers have given an incorrect e-mail address when placing their order and the order confirmation cannot be sent to them by the Fotostiftung Schweiz Shop, the contract shall be concluded if the Fotostiftung Schweiz Shop sends the order confirmation to the customers in some other way.

If the Fotostiftung Schweiz Shop is unable to accept the customer’s offer, the customer shall be informed of the unavailability or the rejection of the order instead of the acceptance of the order. Temporarily unavailable goods will be noted for the customer, and the customer’s order will remain in effect. If necessary, the Fotostiftung Schweiz Shop shall inform the customer separately of any errors in the information on the product range on the website and submit a corresponding counteroffer.

4. Prices, minimum order value
Price fluctuations are possible. The price stated at the time of submission of the offer in accordance with section 3 paragraph 2 of these General Terms and Conditions shall be decisive.

5. Delivery, shipping costs
The Fotostiftung Schweiz Shop shall deliver the ordered goods immediately to the address specified by the customer in the order. The Fotostiftung Schweiz Shop shall be entitled to make partial deliveries and provide partial services at any time, provided that these are reasonable for the customer. If partial deliveries are made by the Fotostiftung Schweiz Shop, the Fotostiftung Schweiz Shop shall bear the additional postage costs.

Delivery shall be made at the shipping costs shown in each individual case.
All delivery periods or delivery dates communicated in the Fotostiftung Schweiz Shop are non-binding.
Deliveries are made only to end customers. The Fotostiftung Schweiz Shop reserves the right to limit quantities.
In the event of re-delivery due to incorrect address information, the customer shall bear the additional shipping costs incurred.

6. Customs duties, value added tax
If goods are imported into countries outside Switzerland, import duties may be payable by the customer. These vary in different customs areas. The customer is responsible for the proper payment of the necessary customs duties and fees. Import duties are not shipping costs.

For deliveries within Switzerland, the price shown includes the applicable statutory VAT. For exports to other countries, the price shown is the net price excluding VAT.

7. Due date and terms of payment, default
The purchase price shall be due for payment upon conclusion of the contract. In the event of late payment, Fotostiftung Schweiz Shop shall be entitled to charge interest on arrears at the rate of 5% p.a.. The contract and invoice currency is CHF.

8. Retention of title, withdrawal
The goods delivered shall remain the property of the Fotostiftung Schweiz Shop until all payments arising from the contract have been received. In the event of late payment, the Fotostiftung Schweiz Shop shall be entitled to withdraw from the contract and reclaim the goods.

In the event that a supplier fails to deliver the goods ordered despite contractual obligation and Fotostiftung Schweiz Shop is permanently prevented from performing through no fault of its own, Fotostiftung Schweiz Shop shall be entitled to withdraw from the contract. The Fotostiftung Schweiz Shop will inform customers immediately in the event of an impediment to performance and will refund any consideration already paid by them without delay.

9. Right of withdrawal
Customers shall have the right to withdraw from the purchase contract in writing, on another durable data medium, by e-mail ([email protected]) or by returning the goods within 30 days of receipt of the goods by the intended recipients, without stating any reasons.

In order to comply with the time limit for the right of revocation, it is sufficient to send the revocation in good time to:

Fotostiftung Schweiz
Grüzenstrasse 45
CH-8400 Winterthur

The right of withdrawal is excluded for contracts

— for the purchase of e-tickets;
— on the purchase of vouchers and ticket vouchers;
— for the delivery of perishable goods;
—on the delivery of goods which, due to their nature, are not suitable for return (e.g. e-books, downloads, etc.);
— on the delivery of newspapers, periodicals, magazines, yearbooks and calendars;
— on the delivery of DVDs, CDs, e-book readers, videos, music cassettes and software, unless they are returned unused, shrink-wrapped or sealed and in their original packaging;
— on the delivery of goods made to the customer’s specifications and goods purchased specially for the customer abroad which are marked as such in the detailed view.

If the customer returns an order excluded from revocation, he or she shall bear the costs of resending it to him or her.

In the event of an effective revocation, the customer shall be obliged to return the goods received. If the customer is unable to return the goods received in whole or in part, or only in a used or deteriorated condition, the customer shall compensate the Fotostiftung Schweiz Shop for the corresponding reduction in value in the event of his or her revocation. If the customer has already paid the purchase price, the Fotostiftung Schweiz Shop shall be entitled to deduct the reduction in value from the repayment amount. In individual cases, the reduction in value may correspond to the purchase price paid.

The customer shall bear the costs and risk of returning the goods, unless the goods delivered do not correspond to those ordered.

The Fotostiftung Schweiz Shop shall exercise its right of retention until the goods have been returned in full.

10. Offsetting, retention
Offsetting is only permissible if the customer’s claim has been legally established or recognised. The right of retention shall only exist if the customer’s counterclaim is based on the same contractual relationship.

11. Warranty, liability
The customer shall inspect the goods upon receipt. He or she must inform the Fotostiftung Schweiz Shop immediately of any defects. If the customer fails to do so, the goods shall be deemed to have been approved, provided that there are no defects which could not be detected during the usual inspection. If such defects are discovered later, the notification must be made immediately after discovery, otherwise the goods shall also be deemed to have been approved with regard to these defects.

If at the time of the transfer of risk there is a defect in the purchased item for which the Fotostiftung Schweiz Shop is responsible, the Fotostiftung Schweiz Shop shall be entitled to choose between rectification of the defect or replacement delivery. If the rectification of the defect or the replacement delivery fails, the customer shall be entitled either to withdraw from the contract or to demand a reduction in the purchase price.

The liability of the Fotostiftung Schweiz Shop, its representatives and its auxiliary persons shall be limited to intent and gross negligence. The Fotostiftung Schweiz Shop shall not be liable for indirect damage or loss of profit. Liability according to product liability remains unaffected.

12. Delivery point
Fotostiftung Switzerland
Grüzenstrasse 45
CH-8400 Winterthur

13. Data protection
The data required for the processing of business transactions will be stored in strict compliance with the applicable legal provisions and will only be passed on to other companies for the purpose of processing orders. All personal data will be treated confidentially. The Fotostiftung Schweiz Shop is entitled to transfer personal data to companies associated with the Fotostiftung Schweiz Shop for the purpose of credit checks and credit monitoring within the framework of a data exchange.

Customers can view and edit their own registration information at any time in the protected area of the homepage after logging in. Further information on data protection can be found in the data protection regulations of the Fotostiftung Schweiz Shop.

14. Rights of use (incl. downloads)
All goods offered are for private, non-commercial use only. Any other use constitutes an infringement of copyright. The making of copies for the purpose of sale, commercial lending, public broadcasting or passing on or transfer to third parties is prohibited.

15. Applicable law and place of jurisdiction
The law of Switzerland shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all claims in connection with orders placed on the Fotostiftung Schweiz Shop is Winterthur.

Winterthur, 01.04.2023