General Terms and Conditions (Webshop) GeorgGerser.com / Airphotography.ch
1. Scope of application
1.2. Each Ordering Party (hereinafter referred to as "Customer") who submits an offer for the products offered in the Webshop recognizes that these General Terms and Conditions of Business apply exclusively to the order. Purchasing terms of the customer are not valid, even if explicitly referred to.
2. Order and delivery
We strive for a true-to-original representation of the works in the webshop. However, the delivered products may differ from the image / photo deviations displayed in the Internet / Webshop. This is due to e.g. On different screen settings and is technically inevitable. The illustrations and descriptions in the webshop are therefore for illustrative purposes only.
2.2. Format / border / signature
The photo / fine-art print image normally is printed up to the edge oft he photo-paper, that is WITHOUT edge/foto-paper frame (marginal) if no further information is made in writing by the customer.
The aerial photographs, validated by the Estate Georg Gerster, are not validated on the photopaper itself, but on a special label (backside assembly), which also serves as a photo certificate.
2.3. Prices
The price of a product corresponds to the respective information in the GG online shop at the time of conclusion of the contract in Swiss Francs, exclusive VAT, ie. VAT and excl. Prices are subject to change. VAT is not listed in the displayed price. Invoices can also be given in Euros, the current day price is charged for this purpose.
2.4. Shipping
The shipping costs for fine art prints, other photos / aerial photographs as well as all other products are tob e payed by the customer. The shipping costs are not listed in the displayed price, therefor is not yet yet included in the online form. For shawls / Pashminas with destination Switzerland and Liechtenstein (FL) GG does not charge any shipping costs. For further products the shipping costs will be communicated in the order confirmation to the client.
2.5. Swiss VAT
The prices quoted are in principle exclusive, ie. plus the Swiss statutory value added tax.
2.6 Payment
Upon receipt of the online order, Estate GG will shortly after send the customer an acknowledgment of receipt and an invoice with payment modalities (usually in advance of production). Unless otherwise agreed, invoices shall be payable net without deduction for cash discount within maximum twenty days of the invoice delivery. A pre-paymend can be asked by GG for larger amounts.
The customer shall only be entitled to set off claims against claims if GG has acknowledged the claims. GG will ship products exclusively after complete payment receipt. Until full payment is received the property / photograph is fully owned by GG.
2.7. Production and delivery time
As soon as the payment from the client is received (in the account on incoive), the production will be initiated, that is the product will be manufactured individually and shipped normally within 2-3 weeks. Should delays occur during production, the customer will be notified immediately and a new delivery date will be communicated.
2.8. delivery
In Switzerland, to Liechtenstein, Germany and Austria, the Photographs/products are normally shipped /delivered with B-Post or (with large formats) with DHL / forwarding company. Shipping is done on Mondays to Fridays (exclusive holidays). Cost of packing and transportation payable by customer. Deliveries to other countries are normally possible after consultation. XXL photographs are normally transported with forwarding companies are termas are agreed in advance with the customer.
Should a particular date be important for the order, the customer should be able to agree with GG / Of the production company. We will make every effort to meet the deadline.
During transport, the products are insured according to the conditions of the freight forwarder (usually DHL / Post), in case of damage, delay or loss GG / the production company gladly assists in the assertion of the claim against the forwarder, but GG is not responsible for any loss or damage by the transportation Company. If the customer wishes a more comprehensive insurance, he must express this in writing by e-mail to GG.
GG / respectively the production company is not liable in particular due to incorrectly declared delivery address, absence of the recipient, small mailboxes or events, which are due to force majeure. Any resulting withdrawals and any second deliveries shall be charged to the customer and to be payed by customer.
GG / the production company does not deliver to PO Box addresses, to minors or persons who are under guardianship, unless written consent of the parents or educators is available.
2.9. Exchange / deficiencies
It is our concern that all customers are happy with our products!
In the case of failure, products may be exchanged within a period of 7 days after receipt, the customer bears the costs of the return to the Estate GG. In the case of products which are custom-made specifically for customers, such as GGs Aerial Photographs/ Fine Art Prints and all hand-signed photographs, an exchange is not possible and excluded.
The customer has to check the goods after receipt and report defects within 5 days in writing under the email of info@ airphotography. In the case of justified complaints, the customer is entitled to the statutory warranty claims (redemption, price reduction, replacement delivery). The postage or possible transport costs for a possible return for the purpose of exchange or rectification of the defects, will be at the customers cost. The return of the Aerial Photograph/ Fine Art Print, photo / product is made by the customer at its expense in high quality / industry-standard packaging to best protect the product. The customer carries the risk of loss or damage during transportation up to the entrance of the GG / the production company.
3. Copyright and Trademark Rights
"3.1. Copyright:
The content of the GEORG GERSTER / AIRPHOTOGRAPHY.COM web site, including all logos, texts, graphics, photographs and illustrations, is protected by copyright.
3.2. Right of use
By purchasing or delivering a photo / picture / product, the customer is only allowed to transfer the right for the private use of the product.
Any further use, in particular photocopying, exploitation, reproduction, dissemination or publication, or any commercial use of the products, is subject to a fee and requires prior express consent from GG.
This applies in particular to:
• A secondary exploitation or duplication, especially in anthologies
• product-accompanying prospectuses, in the case of advertising or other reprints, any processing, alteration or alteration of the pictorial material,
• Digitization, storage or duplication of the image material on any type of media (for example magnetic, optical, magneto-optical or electronic media such as CD-ROM, DVD, hard disk, memory, microfilm, etc.), mobile cameras, mobile devices, etc.
• Any duplication or use, copying of the pictures / photos on digital data carriers, any recording or reproduction of the images / photo on the Internet or in online databases or in other electronic archives (also in the case of internal electronic archives of the customer) -PowerPoint presentations,
• The transmission of the digitized image material by means of data transmission or on data media suitable for public reproduction on screens or for the production of hardcopies.
Changes to the image material for the creation of a new copyrighted work, e.g. By photocomposing, assembly or by electronic means, are only permitted with the prior written consent of GG of his representative / office.
The photographic material may not be drawn, photographed or otherwise used as a motif.
3.2. Return for the purpose of the test
If GG, at the request of the customer, or with his consent to the photograph/ image / material, is solely for the purpose of checking whether the use, purchase or publication is considered, the customer shall return analogue images at the latest within one month after receipt in writing. Digital data must be deleted or the data carrier destroyed or returned to GG.
4. Liability, contractual penalty, damages
A. GG / respectively the production company is liable, only for intentional and grossly negligent behavior. This also applies to defect liability. This limitation of liability also applies to the conduct of the employees, subcontractors and auxiliary persons of GG / the production company.
B. The Estate Georg Gerster GG accepts no liability for the infringement of rights of persons or objects on the pictures.
C. In the case of any unauthorized photocopying, use, reproduction or transmission of the picture (all material) without the consent of the Estate GG/ his office, a contractual penalty shall be payable for each individual case, subject to further damage claims.
5. Final provisions
5.1. Data protection: The use of the customer data by GG / respectively the production company takes place for the purpose of handling orders and payment procedures. In addition, we use the data to communicate with you about orders, products, services, exhibitions and marketing offers, update our records and keep your customer account with us. GG / respectively the production company does not pass any data to third parties.
5.2. Should a provision of these General Terms and Conditions prove to be invalid or ineffective, this does not affect the validity of the other provisions. In such cases, we undertake to replace the invalid provision with a valid one which is closest to the economic purpose of the invalid provision. This also applies to any regulatory gaps. Supplementary agreements to the contract or to these General Terms and Conditions require the written form to be effective. GG / or the production company reserves the right to adjust / modify these terms at any time.
5.3. All orders and deliveries made pursuant to these General Terms and Conditions shall be governed by Swiss law, as shall all disputes arising therefrom. The EU purchase right does not apply. The court of jurisdiction is Zurich / Switzerland.
September 2019 / Estate GEORG GERSTER / AIRPHOTOGRAPHY
PO Box, Tobelhusstrasse 24, 8126 Zumikon, Switzerland