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The following terms and conditions of sale (hereinafter referred to as "T&Cs") 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 the "online store" or "website").
The website and the online store are operated by :
Mathys Fine Art Sàrl
All. Paul-Cantonneau 5
1762 Givisiez
CHE-174.589.425
Telephone: +41 26 505 18 58
Email: [email protected]
Individual agreements made with the customer shall prevail over these GTC. Any contrary conditions of the customer are not recognized.
Mathys Fine Art Sàrl reserves the right to modify the present GTC at any time. All the modifications come into effect as of the publication of the new GTC on the Internet site. The determining moment for the applicability of the current GTC is, at the time of the purchase of a product, the date on which the firm order is placed with us.
Please read these terms and conditions 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 are at least 18 years old.
The presentation of the 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 to make an offer, to order the product in the online store. Mathys Fine Art expressly reserves the right to change the products themselves and their contents, such as images, assortment, prices and descriptions of our products at any time and without prior notice. Illustrations, pictures, brochures, advertisements and other information related 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 chooses in the "shopping cart". This is not yet considered as 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 can at any time change and view the data, recognize possible input errors and, if necessary, correct them before the final and binding order is placed. After placing a binding order, Mathys Fine Art Ltd. is free, at its discretion, to either accept the order or to refuse it by sending a corresponding notification by e-mail and without assuming any responsibility towards you or third parties. Any payment already made will be refunded in case of cancellation of the order. Reasons for refusing an order may be, for example, if a product is no longer available, if we cannot obtain authorization for payment from the customer, or if there is reason to believe that the customer is acting in violation of these T&Cs, individual contracts, fraudulent or other criminal activities, or for any other important reason.
The presentation of the 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 to make an offer, to order the product in the online store. Mathys Fine Art expressly reserves the right to change the products themselves and their contents, such as images, assortment, prices and descriptions of our products at any time and without prior notice. Illustrations, pictures, brochures, advertisements and other information related 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 chooses in the "shopping cart". This is not yet considered as 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 can at any time change and view the data, recognize possible input errors and, if necessary, correct them before the final and binding order is placed. After placing a binding order, Mathys Fine Art Ltd. is free, at its discretion, to either accept the order or to refuse it by sending a corresponding notification by e-mail and without assuming any responsibility towards you or third parties. Any payment already made will be refunded in case of cancellation of the order. Reasons for refusing an order may be, for example, if a product is no longer available, if we cannot obtain authorization for payment from the customer, or if there is reason to believe that the customer is acting in violation of these T&Cs, 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 be concluded. This confirmation e-mail contains your order data and our T&Cs that you accepted during the ordering process. Once the contract is signed, the customer considers the work as completed and the cancellation or modification of the order is impossible. The customer will receive the invoice for his order by e-mail within a few days. Any commercial distribution or resale of our products is strictly forbidden.
All information regarding the availability of our products as well as the shipment and delivery of our goods are provisional information and approximate guide values. They do not constitute firm or guaranteed shipping or delivery dates. We expressly disclaim any liability for the unavailability of products or for delays in the shipment or delivery of products. 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 is not concluded, because the ordered goods can not be delivered.
Furthermore, 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 indicated 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 all possible additional costs and shipping costs, 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. After placing a firm order, the price can no longer be adjusted or changed.
Mathys Fine Art Sàrl reserves the right to modify the prices at any time. The products will be invoiced on the basis of the prices proposed at the time of the placing of the firm order.
The orders are in principle payable immediately after the confirmation of Mathys Fine Art Sàrl and thus prevent the realization of the sales contract.
The customer has the possibility to pay with the payment methods that are displayed on the website or during the ordering process. These may change from time to time and depending on the country. Furthermore, 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 Ltd. to collect or recover payments by the corresponding means. In case of chargeback, Mathys Fine Art GmbH is entitled to reimbursement of the costs and bank processing fees involved. In addition, Mathys Fine Art Ltd. 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 the address data and to request the authorization of the card issuer or the payment provider. In addition, you confirm that the credit card is valid and that the payment data entered is correct. In case of refusal of payment, Mathys Fine Art Sàrl reserves the right to cancel the order and to suspend the shipment of the products. In this case, we will contact you immediately.
In case of payment by invoice, the customer receives the invoice with a payment slip with the delivery of the goods or by e-mail. Payment must be made with the payment slip within the payment period indicated on the invoice. If payment is not made on time, Mathys Fine Art is entitled to charge 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 file a lawsuit, we will charge an additional processing fee of at least CHF 200.
The delivery is in principle paying and is carried out by the delivery service of the Swiss Post Ltd or another provider of delivery to the choice of Mathys Fine Art Ltd. The customer also has the possibility to pick up the ordered products free of charge at Mathys Fine Art Ltd. The desired method of delivery can be defined during the ordering process. The customer is responsible for the contact information he provides to Mathys Fine Art, which cannot be held responsible in case of modification of this information between the order and the delivery.
The costs incurred must be paid in advance by the buyer. The goods you order in our online store and which are in stock will be sent to you within 90 working days, depending on the destination, after receipt of the full payment.
Mathys Fine Art Sàrl informs you promptly by e-mail about the current status of your order. If you wish to inquire about the status of your order, you can contact Mathys Fine Art Ltd. 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 endeavor to make the goods available as soon as possible. Mathys Fine Art Sàrl makes every effort to meet the delivery times indicated. However, Mathys Fine Art Ltd. is not responsible for delays in delivery, whatever the cause, and is not responsible for damages that may result from a delay in delivery or during the said delivery. We will inform you immediately of any delays in delivery that occur.
If the performance is prevented for more than 3 weeks after the original delivery date, the customer is not entitled to cancel the order. Any other claims, in particular claims for damages, are excluded.
If the delivery of the goods fails through the fault of the customer despite the attempt to deliver, Mathys Fine Art Ltd. can withdraw from the contract. Payments made will not be refunded.
The goods are considered delivered (and are no longer under the responsibility of Mathys Fine Art Sàrl), when they are deposited at a post office or a carrier and when we can provide a delivery note (tracking nr.).
Mathys Fine Art retains ownership of the delivered goods until they are paid for in full. The merchandise includes only the prints on paper. Digital plates are destroyed once the print is made and will not be provided to the customer.
Each piece is made to order. All orders are final. No right of withdrawal or return of the goods is allowed, the latter being unique and personal to the buyer.
Mathys Fine Art Sàrl guarantees that the goods correspond to the promised characteristics and that they do not have any defect likely to affect their value or their suitability for the intended use.
After receiving the products, the customer must immediately check them for accuracy, completeness and possible damage. 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 do not report it immediately, the product is considered accepted and you are no longer entitled to make claims against us.
The customer's warranty rights are limited to replacement delivery or remedy of defects/repair, to the exclusion of any other rights, in particular reduction of price or compensation for direct or indirect consequential damage. Mathys Fine Art Ltd. decides at its discretion on the replacement or repair. It is understood, that this does not affect the artwork, which is agreed with the customer when ordering.
For communication of the complaint 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 address of Mathys Fine Art Sàrl mentioned above, accompanied by a copy of the invoice / contract of shooting and a detailed description of the defect. The return of a product is at the expense and risk of the customer. Please have your return confirmed and keep this confirmation, because in case of loss of the package, your warranty claim cannot be processed.
Customer satisfaction is very important to us. You can contact us at any time using the contact information provided at the beginning of this document. We strive to investigate your requests and complaints as soon as possible and will contact you as soon as we receive the documents or your request or complaint.
In the event of a breach of its own obligations arising from these GTC and the contractual relationship resulting from them, Mathys Fine Art is liable for damages that it has caused and proven to be caused by unlawful intent or gross negligence. Liability is expressly excluded for slight and moderate negligence as well as for indirect and consequential damages, whether based on contract, tort or any other reason. Indirect damage includes, for example, loss of profit, financial loss, damage to reputation, damage caused by computer viruses or loss of data due to disruptions or temporary interruptions in the availability of the services of Mathys Fine Art. Furthermore, Mathys Fine Art assumes no contractual or extra-contractual liability for damage caused by auxiliary persons who are called in to provide the service.
The aforementioned exclusions and limitations of liability do not apply in the case of culpable injury to life, body and health directly caused by Mathys Fine Art as well as in the case of mandatory legal provisions, including the provisions of the Product Liability Act.
Subject to the foregoing, the total liability under these GTC shall be limited, irrespective of the reason and to the extent permitted by law, to the price of the goods ordered by the customer.
Event beyond our control
In the event of the occurrence of an event beyond our control (so-called force majeure), we shall have no liability or responsibility for the non-performance or delayed performance of any obligation arising from these GTCs and the contractual relationship arising therefrom. 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 communication networks or inability to use railroads, shipping lanes, airways, road transport or other public or private means of transportation. If an event beyond our control affects the performance of our obligations under the contract, we will inform you as soon as possible.
Mathys Fine Art only collects and processes personal data within the framework of the legal provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related issues can be found in our data protection declaration in point 13 of these GTC, which is an integral part of these GTC.
The information and contents published on the website are protected by copyright and are the property of Mathys Fine Art or the respective right holder. Reproduction, processing, distribution or any other form of exploitation is not permitted and requires the prior written consent of the respective right holder. Mathys Fine Art and the respective right holder expressly reserve all rights thereto.
If any provision of these GTC should be or become illegal, invalid or unenforceable for any reason, the validity of the remaining provisions shall not be affected thereby. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision which takes the economic purpose of the provision and the will of the parties at the time of the conclusion of the contract into account to the greatest extent possible. The same applies to any gaps in these GTC.
These GTC, the contractual relationship and any disputes arising from them are governed exclusively by Swiss substantive law, to the exclusion of conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for natural persons is the headquarters of Mathys Fine Art. For legal entities, the exclusive place of jurisdiction is the registered office of Mathys Fine Art. These provisions only apply insofar as there are no mandatory provisions of the law of the state in which the consumer has his or her habitual residence which take precedence over these GTC.
MF Group / POWERPAY offers the payment method "purchase on invoice" as an external payment service provider. With the individual invoice you can easily pay your online purchases by invoice. If you do not pay on time, you will receive a monthly invoice with a summary of your order the following month.
Upon conclusion of the purchase contract, POWERPAY shall assume the resulting invoice claim and shall administer the corresponding payment terms. In case of purchase on account, you accept, in addition to our GTC, the GTC of POWERPAY. (powerpay.ch/en/agb).
