The following general terms and conditions of sale (hereinafter referred to as "GTCS") apply to all business relations between Mathys Fine Art Sàrl (hereinafter referred to as "Mathys Fine Art", "we" or "us") and the customer (hereinafter referred to as "customer", "buyer" or "you") for physical products (hereinafter referred to as "products" or "merchandise") purchased on our website mathysfineart.com (hereinafter referred to as "online store" or "website") are purchased.
The website and online store are operated by :
Mathys Fine Art Sàrl
All. Paul-Cantonneau 5
1762 Givisiez
CHE-174.589.425
Phone number: +41 26 505 18 58
E-mail us: [email protected]
Individual agreements with the customer take precedence over these GTC. Any contrary conditions of the customer are not recognized.
Mathys Fine Art Sàrl reserves the right to modify these GTC at any time. All modifications are effective as soon as the new GTC are published on the website. The decisive moment for the applicability of the current GTC is, when purchasing a product, the date on which the firm order is placed with us.
Please read these GTC carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms and conditions as well as to our data protection declaration and declare that you are entitled to enter into legally binding contracts and that you are at least 18 years old.
The presentation of products in the online store does not constitute a legally binding offer, but only a non-binding online catalog or a non-binding invitation to customers, i.e. an offer to make an offer, to order the product in the online store. Mathys Fine Art expressly reserves the right to make changes at any time and without prior notice to the products themselves and to their content, such as images, assortment, prices and product descriptions. Illustrations, images, brochures, advertisements and other information relating to our products are provided for information purposes only and are not binding on Mathys Fine Art Sàrl. The customer can place the products he/she chooses in the "shopping basket". This is not yet considered a firm order. An order is only considered firm when the customer clicks on the ["Pay order"] button at the end of the order process on the order page. Before sending the order, the customer may at any time modify and view the data, recognize any input errors and, if necessary, correct them before the final and binding order is placed. After a binding order has been placed, Mathys Fine Art Sàrl is free, at its discretion, to either accept or refuse the order by sending a corresponding notification by e-mail and without assuming any liability towards you or third parties. Any payment already made will be refunded if the order is cancelled. Reasons for refusing an order may be, for example, if a product is no longer available, if we are unable to obtain authorization for payment from the customer, or if there is reason to believe that the customer is acting in violation of these GTC, individual contracts, fraudulent or other criminal activities, or for any other important reason.
The presentation of products in the online store does not constitute a legally binding offer, but only a non-binding online catalog or a non-binding invitation to customers, i.e. an offer to make an offer, to order the product in the online store. Mathys Fine Art expressly reserves the right to make changes at any time and without prior notice to the products themselves and to their content, such as images, assortment, prices and product descriptions. Illustrations, images, brochures, advertisements and other information relating to our products are provided for information purposes only and are not binding on Mathys Fine Art Sàrl. The customer can place the products he/she chooses in the "shopping basket". This is not yet considered a firm order. An order is only considered firm when the customer clicks on the ["Pay order"] button at the end of the order process on the order page. Before sending the order, the customer may at any time modify and view the data, recognize any input errors and, if necessary, correct them before the final and binding order is placed. After a binding order has been placed, Mathys Fine Art Sàrl is free, at its discretion, to either accept or refuse the order by sending a corresponding notification by e-mail and without assuming any liability towards you or third parties. Any payment already made will be refunded if the order is cancelled. Reasons for refusing an order may be, for example, if a product is no longer available, if we are unable to obtain authorization for payment from the customer, or if there is reason to believe that the customer is acting in violation of these GTC, individual contracts, fraudulent or other criminal activities, or for any other important reason.
If Mathys Fine Art Sàrl wishes to accept the order, a confirmation will be sent to the customer by e-mail and the sales contract will thus be concluded. This confirmation e-mail contains your order details and our General Terms and Conditions, which you accepted during the order process. Once the contract has been signed, the customer considers the work completed and cannot cancel or modify the order. The customer will receive the invoice for the order by e-mail within a few days. Any commercial distribution or resale of our products is strictly forbidden.
All information concerning the availability of our products and the shipment and delivery of our goods are provisional and approximate. They do not constitute firm or guaranteed shipping or delivery dates. We expressly disclaim any liability for product unavailability or delays in shipment or delivery. Our products are available while stocks last. If Mathys Fine Art Sàrl finds, during the processing of your order, that the goods you have ordered are not available, we will inform you immediately. In this case, there will be no contract concerning the non-deliverable goods, because the ordered goods cannot be delivered.
In addition, we reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer by e-mail.
Our products and prices are those shown on the website. All prices are quoted in CHF (Swiss francs) and do not include value-added tax (VAT). The total price of your order, including any additional costs and shipping charges, is indicated at the end of the order process. By placing a firm order, you declare that you agree with the total price of the products ordered, and that you agree with the price of the order. Once a firm order has been placed, the price cannot be adjusted or changed.
Mathys Fine Art Sàrl reserves the right to modify prices at any time. Products will be invoiced on the basis of the prices quoted at the time the firm order is placed.
In principle, orders are payable immediately upon confirmation by Mathys Fine Art Sàrl and therefore preclude conclusion of the sales contract.
The customer has the option of paying using the payment methods displayed on the website or during the order process. These may change from time to time, depending on the country. In addition, we reserve the right not to offer certain payment methods in a specific case and to refer to other payment methods we use (e.g. to cover our credit risk, only those corresponding to the respective creditworthiness).
By choosing the means of payment, the customer authorizes the payment either by entering his credit card data or the access data of a payment service provider. The customer authorizes Mathys Fine Art Sàrl to collect payments by the corresponding means. In the event of a chargeback, Mathys Fine Art Sàrl is entitled to reimbursement of costs and related bank processing fees. In addition, Mathys Fine Art Sàrl is not responsible for any fees or other amounts that may be charged by the card issuer or your bank following the processing of your payment in accordance with your order.
If you pay by credit card or other means of payment, we reserve the right to check the validity of the card, to check the availability for collection and address data, and to request authorization from the card issuer or payment provider. In addition, you confirm that the credit card is valid and that the payment details entered are correct. If payment is refused, Mathys Fine Art Sàrl reserves the right to cancel the order and suspend shipment of the products. In this case, we will contact you immediately.
In the case of payment by invoice, the customer receives the invoice together with a payment slip when the goods are delivered, or by e-mail. Payment must be made with the payment slip within the payment deadline indicated on the invoice. If payment is not made on time, Mathys Fine Art is entitled to charge its expenses for each reminder of at least CHF 50 and other collection costs, as well as the statutory default interest. If it becomes necessary to take legal action, we will charge an additional processing fee of at least CHF 200.
In principle, delivery is subject to a charge and is carried out by the delivery service of Swiss Post Ltd or another delivery service provider chosen by Mathys Fine Art Sàrl. The customer may also pick up the ordered products free of charge at Mathys Fine Art Sàrl. The desired delivery method can be defined during the order process. The customer is responsible for the contact information provided to Mathys Fine Art Sàrl. Mathys Fine Art Sàrl cannot be held responsible for any change in this information between the order and delivery.
Any costs incurred must be paid in advance by the purchaser. Goods ordered from our online store and in stock will be dispatched within 90 working days, depending on destination, after full payment has been received.
Mathys Fine Art Sàrl will inform you promptly by e-mail of the current status of your order. If you wish to inquire about the status of your order, you may contact Mathys Fine Art Sàrl at any time by e-mail.
If the products are marked as not being in stock at the time of the order, Mathys Fine Art Sàrl will endeavour to make the goods available as quickly as possible. Mathys Fine Art Sàrl makes every effort to meet delivery deadlines. However, Mathys Fine Art Sàrl is not responsible for delays in delivery, whatever the cause, and in particular is not liable for any damages that may result from a delay in delivery or during said delivery. We will inform you immediately of any delays in delivery.
If performance is prevented for more than 3 weeks after the original delivery date, the customer is not entitled to cancel the order. All other claims, in particular for damages, are excluded.
If delivery of the goods fails through the customer's fault, despite attempted delivery, Mathys Fine Art Sàrl may withdraw from the contract. Payments made will not be refunded.
Goods are deemed to have been delivered (and are no longer the responsibility of Mathys Fine Art Sàrl) when they are deposited with a post office or carrier and we can provide a delivery note (tracking nr.).
Mathys Fine Art Sàrl guarantees that the goods correspond to the promised characteristics and that they are free from any defect likely to affect their value or suitability for their intended use.
After receipt of the products, the customer must immediately check them for accuracy, completeness and any damage. Any defects or damage must be reported to Mathys Fine Art within 5 working days. Due to the nature of the goods (photographic prints), defects that appear over time cannot be recognized as a defect, but rather as normal wear and tear. If you do not check the defect or report it immediately, the product is deemed to have been accepted and you are no longer entitled to make any claims against us.
The customer's warranty rights are limited to replacement delivery or elimination of defects/repair, to the exclusion of all other rights, in particular price reduction or compensation for direct or indirect consequential damage. Mathys Fine Art Sàrl decides on replacement delivery or repair at its own discretion. It is understood that this does not in any way affect the artistic work, which is agreed with the customer at the time of the order.
For complaint communication or service questions, please contact us at the following address with the order number, customer number, a description of the defect and other useful information:
Mathys Fine Art Sàrl, All. Paul-Cantonneau 5, 1762 Givisiez, [email protected]
The defective product must be returned to the Mathys Fine Art Sàrl address mentioned above, accompanied by a copy of the invoice/shooting contract and a detailed description of the defect. Returns are at the customer's risk and expense. Please have your return confirmed and retain this confirmation, as your warranty claim cannot be processed if the parcel is lost.
In the event of a breach of its own obligations arising from these GTC and the contractual relationship resulting therefrom, Mathys Fine Art is liable for damage caused by it and proven to have been caused by unlawful intent or gross negligence. Liability is expressly excluded for slight and moderate negligence as well as for indirect and consequential damage, whether based on contract, tort or any other reason. Indirect damage includes, for example, loss of earnings, financial loss, damage to reputation, damage caused by computer viruses or loss of data due to disruptions or temporary interruptions in the availability of Mathys Fine Art's services. Furthermore, Mathys Fine Art assumes no contractual or extra-contractual liability for damage caused by auxiliaries called in to provide the service.
The aforementioned exclusions and limitations of liability do not apply in the event of culpable injury to life, body or health directly caused by Mathys Fine Art and in the event of mandatory statutory provisions, including the provisions of the Product Liability Act.
Subject to the foregoing, total liability under these GTC is limited, irrespective of the reason and to the extent permitted by law, to the price of the goods ordered by the customer.
Events beyond our control
In the event of the occurrence of an event beyond our control (so-called force majeure), we assume no responsibility or liability for the non-performance or delayed performance of any obligation arising from these GTC and the resulting contractual relationship. An event beyond our control occurs, for example, in the following cases:
in the event of strikes, blockades or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or failure of public or private communications networks or inability to use railroads, shipping lanes, airways, road transport or other public or private means of transport. If an event beyond our control affects the performance of our obligations under the contract, we will inform you as soon as possible.
Article 1 - Services
Article 2 - Photo session
Article 3 - Photographs
Article 4 - Model home
Article 5 - Contract modifications
Article 6 - Cancellation
Article 7 - Digital storage
Article 8 - Copyright and image rights
Article 9 - Delivery terms and conditions of sale
Article 10 - Applicable law and place of jurisdiction