General Terms and Conditions (GTC)

Terms of business

Stand: 12.27.2020

These conditions

(1) This Site, including all associated mobile applications and all offers and sales of products through the Site, is owned and operated by Markus Manfredi Photography. These terms and conditions set forth the conditions under which visitors or users may access or use the Site and/or the Services and purchase Products.

(2) By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all of the Terms, you may not access the Site and/or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing any Products. These Terms tell you who we are, how we sell products to you, how you can cancel the purchase agreement, and what you can do if you have problems.

(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you need the permission of your parents or a legal guardian to use the Services or purchase Products.

Purchase of products

(1) The purchase of Products is subject to the terms and conditions applicable at the time.

(2) When you purchase a Product: (i) you are responsible for reading the item description in its entirety before making a binding purchase; and (ii) the completion of an order on the Site (by completing a payment transaction via the "Order for Charge" button or similar button) may constitute a legally binding contract for the purchase of the relevant Product, unless these Terms provide otherwise.

(3) You may, by clicking on the relevant button, select products from our product selection and place them in the shopping cart. Our prices are listed on the Site. We reserve the right to change our prices at any time and to correct any unintentional pricing errors. These changes will not affect the price of products you have previously purchased. When you check out, you will be shown an overview of all the products you have added to your shopping cart. The overview includes the main features of each product as well as the total price for all products, the applicable sales tax (VAT)/value added tax (VAT) and shipping costs, if any. On the payment page you also have the possibility to check the products and quantities and, if necessary, change, remove or correct them. You can also still use the edit function to identify and correct any input errors before placing your final binding order. All stated delivery times are valid from the receipt of your payment of the purchase price. When you click on the "Order with costs" button, you place a binding order to purchase the listed products at the specified price and shipping costs. To complete the ordering process via the "Order with costs" button, you must first accept these terms and conditions as legally binding for your order by checking the appropriate box.

(4) We will then send you a confirmation of receipt of your order by e-mail, in which your order is listed once again and which you can then print out or save using the corresponding function. Please note that this is an automatic notification which only proves that we have received your order. It does not indicate that we have accepted your order.

(5) The legally binding agreement on the purchase of the Products is not concluded until we send you a declaration of acceptance by e-mail or ship the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method - and you choose this payment method for your order - where a payment process is initiated immediately upon submission of your order (e.g. electronic transfer or real-time transfer via PayPal, credit and debit cards, Klarna). In this case, the legally binding agreement is deemed to be concluded when you have initiated the ordering process, as described above, by clicking the "Order with costs" button.

(6) The purchase agreement may be concluded in [German]. After conclusion of the contract, the terms of the contract will be stored by us, you will then no longer have access to them.

Right of withdrawal

The customer is granted a right of withdrawal for 7 calendar days after receipt of the goods for the following reasons:

  • If the product shows any damage.

  • or there is a defective delivery.

The deadline is considered met if the customer sends the written revocation by email or letter to Markus Manfredi Prints within the deadline.

The exercise of the right of withdrawal leads to a reversal of the contract. The customer must return the goods within 7 calendar days in their original packaging, complete with all accessories and together with the delivery bill to the return address indicated by Markus Manfredi Prints in the imprint. Returns to Markus Manfredi Prints are at the expense and risk of the customer.

In the following cases no right of withdrawal is granted:

  • If the contract has a movable item as its object, which is made according to the customer's specifications or is clearly tailored to personal needs.

  • If the contract has digital content as its subject matter and this content is not provided on a fixed data carrier or if the contract is to be performed in full by both contracting parties immediately.

  • If the contract has a random element, namely because the price is subject to fluctuations over which the provider has no control.

Warranty for products

We are liable under the statutory warranty provisions for defects in quality and title of the products you purchase from us.

Storage of online payment details

You can save a preferred payment method for the future. In this case, we store these payment details according to the applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.

Vouchers, gift cards and other offers

Coupons, gift cards or discounts and other offers are available from time to time for our products. Such offers are valid only for the period specified in such offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.

Member account

(1) To access and use certain areas and features of our Site, you must first register and create an account. You must provide accurate and complete information when registering your member account.

(2) If someone other than you accesses your member account and/or settings, they can perform all actions available to you and, for example, make changes to your member account. Therefore, we strongly advise you to keep the login information for your member account safe. Such activities may be deemed to have been done for you and on your behalf, and you alone may be responsible for those activities that occur under your Member Account, whether or not expressly authorized by you, and for all damages, expenses and losses resulting therefrom. You will be liable for activities related to your Member Account in the manner described if you negligently enabled the use of your Member Account by failing to exercise reasonable care in protecting your login credentials.

(3) You may create and access your Member Account through a designated website or through a third-party platform such as Facebook. If you sign up through a third-party platform account, you hereby grant us access to certain information about you that is stored in your social network account.

(4) We may permanently or temporarily block or suspend your access to the Member Account, without liability to you, to protect us, our Site and Services, or other users, for example, if you violate any provision of these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. This may occur without notice if the circumstances require immediate action, in which case we will notify you as soon as possible. In addition, we reserve the right to terminate your Member Account upon two months' notice by email if, for example, we discontinue our Member Account program. You may stop using and request deletion of your member account at any time by contacting us.

Permitted use

(1) Our Services are provided to you for informational purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.

(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in any unlawful or fraudulent manner (including infringement of any third party's rights) or for any purpose to collect personally identifiable information or impersonate any other user; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our Services; (iii) use our Services in any way to tamper with or distort any Content or to undermine the integrity or accuracy of any Content, or take any action to interfere with, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download any material that does not comply with our Content Standards; (v) use our Services to transmit or facilitate the transmission of unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other malicious programs or similar computer code designed to interfere with the operation of computer software or hardware; (vii) use robots, spiders, other automated devices or manual processes to monitor our or any other Site's or (viii) engage in any conduct that restricts or inhibits any other user from using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in any investigation of any activity that is suspected of or actually violates these Terms.

Intellectual property rights

(1) Our Services and related content (and any derivative works or enhancements thereof), including, without limitation, all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us, and nothing in these Terms grants you any rights related to our intellectual property rights. Except as expressly set forth herein or as required by mandatory legal requirements for use of the Services, you do not acquire any right, title or interest in or to our Intellectual Property Rights. Any rights not expressly granted in these Terms are expressly reserved.

(2) If the Products include digital content, such as music or video, you are granted the rights as set forth with respect to such content on the Site.

Disclaimer of warranties for the use of the Site and the Services

Die Dienste, unsere geistigen Eigentumsrechte und sämtliche Informationen, Materialien und Inhalte, die im Zusammenhang damit zur Verfügung gestellt und den Nutzern kostenfrei zugänglich gemacht werden, werden ohne Mängel- und Verfügbarkeitsgewähr und ohne Gewährleistungen jeglicher Art, ausdrücklich oder stillschweigend (Gewährleistungen der Eignung für einen bestimmten Zweck oder Gewährleistungen in Bezug auf die Sicherheit, Verlässlichkeit, Aktualität, Genauigkeit und die Performance unserer Dienste, u. a.) bereitgestellt – mit Ausnahme von Fällen böswilliger Nichtoffenlegung von Mängeln. Wir gewährleisten nicht, dass kostenlose Dienste ohne Unterbrechung und fehlerfrei zur Verfügung gestellt werden oder dass sie Ihren Anforderungen entsprechen. Der Zugang zu den Diensten und der Site kann aufgrund von Reparaturen, Wartungsarbeiten oder Aktualisierungen ausgesetzt oder eingeschränkt werden. Die Gewährleistung für Produkte, die Sie bei uns wie im Abschnitt „Gewährleistung für Produkte“ oben ausgeführt, bleibt davon unberührt.

Exemption

You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the "Permitted Use" section, unless such circumstances are not due to your fault.

Limitation of liability

(1) We are only liable in case of intent, gross negligence, negligent injury to life, body or health or in case of slightly negligent breach of an essential contractual obligation, and only in case of chargeable services or the sale of products. A "material contractual obligation" means an obligation the performance of which is a basic requirement for the proper performance of the agreement and on which you normally rely and may reasonably rely. Our liability for ordinary negligent breach of a material contractual obligation is limited to the amount of ordinary and foreseeable damages for that type of contract. This does not affect our liability under the Product Liability Act or in the event that we have explicitly given a guarantee.

(2) The above provisions shall apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They shall also apply in favor of our managing directors, executive employees or other legal representatives, employees and vicarious agents.

Change of conditions and services; discontinuation

We reserve the right to change these Terms from time to time in our sole discretion to reflect changes in law or additional features we may introduce, or as we otherwise develop our business. Therefore, you should review these Terms periodically and, in any event, during the checkout process when you purchase Products. The new Terms will apply to any new order you place after the effective date of the new Terms. If any ongoing services you use are affected by the changes to the Terms, we will take reasonable account of your legitimate interests in doing so. We will notify you of such changes in a timely manner in advance. You will be deemed to have accepted the changes unless you object to them within two months of such notice. We will advise you of this in our notice. If you object to the changes, we will have a special right of termination - without further obligation to you - which will take effect on the date the changes come into force.

We may change the Services, discontinue providing the Services or any feature(s) of the Services offered, or limit the Services. We may terminate or suspend access to the Services themselves permanently or temporarily - without cause and without further obligation. We will notify you in good time in advance, if this is possible under the circumstances, and will take your legitimate interests into account appropriately when taking such measures.

Links to third party websites

The Services may contain links that allow you to leave the Site. Unless otherwise indicated, the linked sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for transmissions received from any linked site. Links to third party websites are provided for informational purposes only. The fact that we have added links to other websites does not mean that we endorse their owners or their content.

Applicable law

These Terms shall be governed by and construed in accordance with the laws of Switzerland (without regard to its conflict of law provisions).

MISCELLANEOUS

(1) A waiver by either party of any breach or default hereunder shall not constitute a waiver of any preceding or subsequent breach or default.

(2) The headings used in these Terms and Conditions are for convenience only and shall have no legal significance.

(3) Except as otherwise expressly provided, if any part of these Terms is held to be illegal or unenforceable for any reason, it is agreed that such part of the Terms shall be stricken and the remaining Terms shall remain unaffected and in full force and effect.

(4) You may not assign your agreement with us entered into pursuant to these Terms, or any or all of your contractual rights or obligations, without our prior written consent.

(5) These Terms constitute the entire agreement and supersede any prior written or oral agreements between you and us in connection with the Services and the sale of Products.

(6) The provisions of these Terms that by their nature are intended to survive any such action by us shall survive, including, without limitation, provisions relating to indemnities, releases, disclaimers, limitations of liability and this Miscellaneous section.

Contact

To contact us, please send an email to:

 

Name: Markus Manfredi

Address: Ueberlandstrasse 301 ; 8051 Zurich

E-mail: booking@markusmanfredi.ch