Terms and conditions of sale
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1. Applicability and scope
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.
2. Conclusion of a sales contract
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.
3. Availability and performance reserve for non-deliverable products
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.
4. Prices and delivery charges
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.
5. Terms of payment/credit check
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.
6. Terms of delivery
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.).
7. Reservation of ownership
Mathys Fine Art retains ownership of the goods delivered until they have been paid for in full. Only prints on paper are included. Digital plates are destroyed after printing and will not be supplied to the customer.
8. Right of withdrawal and return
Each piece is made to order. All orders are final. There is no right of withdrawal or return of goods, as these are unique and personal to the buyer.
9. Claim/warranty
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.
10. Claims and complaints
We attach great importance to customer satisfaction. You can contact us at any time using the contact details at the beginning of this document. We will do our utmost to examine your requests and complaints as quickly as possible, and will contact you as soon as we receive the documents or your request or complaint.
11. Liability
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.
12. Data protection
Mathys Fine Art only collects and processes personal data within the scope of the statutory 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 under point 13 of these GTC, which forms an integral part of these GTC.
13. Copyright
The information and content published on the website are protected by copyright and are the property of Mathys Fine Art or the respective rights holder. Reproduction, processing, distribution or any other form of exploitation is not permitted and requires the prior written consent of the relevant rights holder. Mathys Fine Art and the respective rights holder expressly reserve all rights thereto.
14. Saving clause
Should any provision of these GTC be or become illegal, invalid or unenforceable for any reason whatsoever, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision which takes the greatest account of the economic purpose of the provision and the will of the parties at the time the contract was concluded. The same applies to any gaps in these GTC.
15. Applicable law and jurisdiction
These GTC, the contractual relationship arising therefrom and any disputes arising therefrom shall be 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 registered office of Mathys Fine Art. For legal entities, the exclusive place of jurisdiction is the registered office of Mathys Fine Art. These provisions apply only insofar as there are no mandatory provisions of the law of the state in which the consumer has his habitual residence, which take precedence over these GTC.
16. Purchase on invoice with instalment facility (Powerpay)
As an external payment service provider, MF Group / POWERPAY offers the "purchase on invoice" payment method. The individual invoice makes it easy for you to pay for your online purchases by invoice. If you decide not to pay on time, you will receive a monthly invoice with a summary of your order the following month.
When the purchase contract is concluded, POWERPAY assumes the resulting invoice claim and manages the corresponding payment arrangements. In the event of purchase on account, you accept the POWERPAY terms and conditions in addition to our terms and conditions. (powerpay.ch/en/agb).
Shooting Fine Art contract conditions
Enter
Mathys Fine Art Sàrl:
Allée Paul-Cantonneau 5
1762 GivisiezIt is agreed as follows:
Article 1 - Services
This contract includes the services of a make-up artist/hairdresser prior to the photo session with the Photographer.
The photographic experience lasts approximately four hours. The photographer reserves the right to interrupt the experiment immediately.
the photo session if the model's behavior represents a risk to his or her moral or physical integrity. The booking fee for this service, excluding special offers, is CHF 400 (incl. VAT), which is also included in the fee for 1 photo.
20x30cm). The model must pay this amount to validate the reservation, by proceeding to payment by TWINT or by
bank transfer. The amount is equivalent to the photo credit mentioned above. But take advantage of our special offer: up to
75% discount on your photo purchase if you buy more than 3 photos. Don't miss this exclusive opportunity! At the end of the photo session, the Model may decide to purchase certain shots, but is free not to purchase any. For
To do this, he fills in the attached document.
Article 2 - Photo session
The Model declares that he/she is of legal age (over eighteen), and that he/she freely and voluntarily poses for each of the photographs taken.
by the Photographer. If the Model is a minor, the legal representative will co-sign this contract. Each photo session is either free or themed; in the latter case, the Model and Photographer agree to consult each other.
by defining its specific features in advance, so that everyone can prepare for it.
Article 3 - Photographs
If the Model wishes to purchase certain photographs at the end of the photo session, he/she must complete the document attached to the present contract. The
The model chooses the format and number of shots required. Regarding payment, the Model will have a choice of different solutions. The Model can either pay by cash, SumUp or
TWINT on the day of the photo shoot the full amount or opt for payment in instalments via PowerPay or a
bank transfer using BVR. In this case, the Model and the Photographer agree on the number of monthly payments.
desired. Payment must always be made by the 30th of each month. All photographs will be returned to the Model once full payment has been received. They remain the property of the Model.
Mathys Fine Art in the meantime.
Article 4 - Model home
In the event of late payment of one of the scheduled instalments by more than 10 days, the Model is automatically put in default,
without notice. If a monthly payment is more than 20 days overdue, the contract is terminated. The Model
is not entitled to claim back any photographs or monthly payments previously made as a contractual penalty for breach of contract.
contract. The Photographer reserves the right to use legal means to collect debts.
Article 5 - Contract modifications
Once the contract has been duly signed by the parties, i.e. the Model and the Photographer respectively, they can no longer withdraw from it.
to modify the content and terms of the contract. The customer has no right of withdrawal.
Model, the clichés being a personal element.
Article 6 - Cancellation
If the Model cancels the shoot less than 24 hours before the shoot, the Model is not entitled to a postponement of the shoot.
If the cancellation occurs more than 24 hours before the photo shoot, the Model is not entitled to a refund of the photo credit, but is entitled to the use of the photo credit.
right to postpone the photo session to a later date agreed between the Model and the Photographer. However, in exceptional circumstances (illness, death, accident), cancellation of the shoot less than 24 hours in advance is tolerated.
The Photographer reserves the right to ask for any proof. The Model has, if necessary, the right to a postponement of the photo session.
at a later date agreed between the Model and the Photographer.
Article 7 - Digital storage
The model receives the selected images, in digital and printed versions according to the format ordered, after full payment of these images.
last. All other plates will not be kept or given to the Model. A minimum of 8 weeks is required for
the arrival of the photos at the studio. The model is not allowed to take photos or videos from the TV screen.
Article 8 - Copyright and image rights
The Photographer is the intellectual owner of the photographs and does not authorize any modification (filters, manipulations, cropping),
reproduction (prints, copies) and use of his photographs for commercial purposes. He/she undertakes not to divulge the identity of the
The Model is asked whether or not he/she expressly agrees to art. 10 of the present contract regarding the publication of the photographs on the Internet.
the Photographer's Facebook and Instagram accounts, as well as on the Photographer's website. The same applies to the
publication of the Before/After result of the transformation.
Article 9 - Delivery terms and conditions of sale
The model receives The model has the option of picking up the photos at the studio or having them sent to him for a fee of CHF
25 per package (several packages possible if different sizes are chosen). If the package deemed to have been sent by the Photographer is not collected by the Model, the latter is no longer considered responsible.
Upon request and payment of a 25.- postage fee, the latter can send them back to the model. The model only receives her order once the balance has been paid in full. Under no circumstances will all or part of the photos be returned to the model.
issued before the balance is settled.
Article 10 - Applicable law and place of jurisdiction
This contract is subject to Swiss law. The exclusive place of jurisdiction for all disputes arising hereunder is Fribourg.
