Terms and Conditions
1. Scope of application
- The General Terms and Conditions shall apply in the respective version current at the time of the conclusion of the contract to all business relations between the Shop of the Fotomuseum Winterthur Foundation (hereinafter referred to as “Fotomuseum Winterthur Shop”) and its customers.
- By submitting an order or executing a download, the customer expressly agrees to these General Terms and Conditions.
These General Terms and Conditions shall apply exclusively. Any terms and conditions of the customer that conflict with or deviate from these Terms and Conditions shall not be recognised unless the Fotomuseum Winterthur Shop has expressly agreed to them in writing in an individual case.
- Every order requires prior registration as a customer with the Fotomuseum Winterthur Shop or an order as a guest with the specification of the given contact details. Multiple registration under different names or addresses is not permitted. Upon successful completion of the registration process, the customer is admitted to the system by Fotomuseum Winterthur Shop.
- The admission can be revoked by Fotomuseum Winterthur Shop at any time. In this case Fotomuseum Winterthur Shop is entitled to immediately block and delete the user name and the corresponding password.
3. Conclusion of contract
- The presentation of the assortment by Fotomuseum Winterthur Shop does not constitute an offer to conclude a purchase contract with the customer. It is non-binding.
- The contract shall be concluded when Fotomuseum Winterthur Shop accepts the contract offer made with the customer’s order by sending an order confirmation by e-mail. This order confirmation describes the essential contents of the order. The customer must check the order confirmation for obvious spelling and calculation errors as well as for discrepancies between the order and the confirmation. Fotomuseum Winterthur Shop must be informed immediately of any discrepancies.
- If the customer has given an incorrect e-mail address as part of his order and the order confirmation from Fotomuseum Winterthur Shop cannot be sent to him, the contract shall be concluded if Fotomuseum Winterthur Shop sends the order confirmation to the customer in another way.
- If Fotomuseum Winterthur Shop cannot accept the customer’s offer, the customer will be informed of the unavailability or rejection of the order instead of the acceptance of the order. Temporarily unavailable goods will be noted for the customer, the customer’s order remains valid. If necessary, Fotomuseum Winterthur Shop will inform the customer separately of possible errors in the information on the range of goods on the website and submit a corresponding counter-offer.
4 Prices, minimum order value
Price fluctuations are possible. The price stated at the time the offer is made in accordance with clause 3 paragraph 2 of these General Terms and Conditions shall be decisive.
5 Delivery, shipping costs
- Fotomuseum Winterthur Shop will promptly deliver the ordered goods to the address indicated by the customer in the order. Fotomuseum Winterthur Shop is entitled to make partial deliveries and provide partial services at any time, provided that these are reasonable for the customer. If partial deliveries are made by Fotomuseum Winterthur Shop, Fotomuseum Winterthur Shop shall bear the additional postage costs.
- Delivery shall be made at the shipping costs shown in each individual case.
- All delivery periods or delivery dates communicated in Fotomuseum Winterthur Shop are non-binding.
- Deliveries are only made to end customers. Fotomuseum Winterthur Shop reserves the right to limit quantities.
- In the event of re-delivery due to incorrect address information, the customer shall bear the additional shipping costs incurred.
6. Customs duties, value added tax
- Imports of goods into countries outside Switzerland may be subject to import duties, which are to be borne by the customer. These vary in different customs areas. The customer is responsible for the proper payment of the necessary customs duties and fees. Import duties are not shipping costs.
- For deliveries within Switzerland, the price shown includes the applicable statutory VAT. For exports to other countries, the price shown is the net price excluding VAT.
7. Due date and terms of payment, delay
- The purchase price is due for payment upon conclusion of the contract. In the event of late payment, Fotomuseum Winterthur Shop shall be entitled to charge interest on arrears at the rate of 5% p.a..
- The contract and invoice currency is CHF.
8. Retention of title, withdrawal
- Until all payments arising from the contract have been received, the delivered goods remain the property of Fotomuseum Winterthur Shop. In the event of late payment, Fotomuseum Winterthur Shop is entitled to withdraw from the contract and reclaim the goods.
- In the event that a supplier fails to deliver the ordered goods despite contractual obligation and Fotomuseum Winterthur Shop is permanently prevented from performing through no fault of its own, Fotomuseum Winterthur Shop shall be entitled to withdraw from the contract. Fotomuseum Winterthur Shop will inform the customer immediately in the event of an impediment to performance and reimburse any consideration already paid by the customer without delay.
9. Right of withdrawal
- The customer has the right to revoke the purchase contract within 30 days after the goods have been received by the intended recipient, without stating reasons, in writing, on another durable data medium, by e-mail (firstname.lastname@example.org) or by returning the goods.
In order to comply with the time limit for the right of withdrawal, it is sufficient to send the goods in good time to:Fotomuseum Winterthur
Stiftung Winterthur Shop
Foundation Fotomuseum Winterthur
- The right of withdrawal is excluded for contracts
– on the purchase of e-tickets;
– on the purchase of memberships of the Fotomuseum Winterthur Association;
– on the purchase of vouchers and ticket vouchers;
– for the delivery of perishable goods;
– on the delivery of goods which, due to their nature, are not suitable for return (e.g. e-books, downloads, etc.);
– on the delivery of newspapers, periodicals, magazines, yearbooks and calendars;
– on the delivery of DVDs, CDs, e-book readers, videos, music cassettes and software, unless they are returned unused, shrink-wrapped or sealed and in their original packaging;
– on the delivery of goods made to the customer’s specifications, as well as goods purchased specially for the customer abroad, which are marked as such in the detailed view.
– Certain events are only accessible with a valid Covid certificate (QR code). If admission is refused due to a missing Covid certificate, the right of revocation and a refund of the ticket price is excluded.
- If the customer returns an order that is excluded from revocation, the customer shall bear the costs of resending the order to him.
In the event of an effective revocation, the customer shall be obliged to return the goods received. If the customer is unable to return the received goods in whole or in part or only in a used or deteriorated condition, the customer shall compensate Fotomuseum Winterthur Shop for the corresponding reduction in value in the event of revocation. If the customer has already paid the purchase price, Fotomuseum Winterthur Shop is entitled to deduct the reduction in value from the repayment amount. In individual cases, the reduction in value may correspond to the purchase price paid.
- The customer shall bear the costs and risk of returning the goods, unless the goods delivered do not correspond to those ordered.
- Fotomuseum Winterthur Shop shall exercise its right of retention until the goods have been returned in full.
10 Offsetting, retention
Offsetting is only permitted if your claim has been legally established or acknowledged. The right of retention only exists if your counterclaim is based on the same contractual relationship.
11 Warranty, liability
- The buyer must inspect the goods upon receipt. He must inform Fotomuseum Winterthur Shop immediately of any defects. If the purchaser fails to do so, the goods shall be deemed to have been approved, unless the defects were not recognisable during the usual inspection. If such defects are discovered later, the notification must be made immediately after discovery, otherwise the item shall also be deemed to have been approved with regard to these defects.
- If at the time of the transfer of risk there is a defect in the object of sale for which Fotomuseum Winterthur Shop is responsible, the seller may choose between rectification of the defect or replacement delivery. If the rectification of the defect or the replacement delivery fails, the customer shall be entitled either to withdraw from the contract or to demand a reduction of the purchase price.
- The liability of Fotomuseum Winterthur Shop, its representatives and its auxiliary persons is limited to intent and gross negligence. Fotomuseum Winterthur Shop is not liable for indirect damage and loss of profit. Liability according to product liability remains unaffected.
12. delivery point
Stiftung Fotomuseum Winterthur
13. data protection
- The data necessary for the business transaction will be stored in strict compliance with the applicable legal provisions and will only be passed on to other companies for the purpose of order processing. All personal data will be treated confidentially. Fotomuseum Winterthur Shop is entitled to transfer personal data to companies affiliated with Fotomuseum Winterthur Shop for the purpose of credit checks and credit monitoring as part of a data exchange.
- Fotomuseum Winterthur Shop customers can view and edit their own user information at any time in the protected area of the homepage after logging in. Further information on data protection can be found in the Fotomuseum Winterthur Shop data protection regulations.
14. rights of use (incl. downloads)
- All goods offered are intended for your private, non-commercial use only. Any other use constitutes an infringement of copyright. The making of copies for the purpose of sale, commercial lending, public broadcasting or passing on or transfer to third parties is prohibited.
- With the purchase of music content from our range, customers only receive the rights of use specified in the respective product description, such as the right to download a title, stream it, play it on a PC, burn it on a CD or transfer it to a portable player.
15 Applicable law and place of jurisdiction
The law of Switzerland shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all claims in connection with your order is Winterthur.