GTC
1. scope of application
These General Terms and Conditions (hereinafter "GTC") of Fotichaestli AG (hereinafter "Fotichaestli") apply to all services and products (hereinafter "Products") of Fotichaestli. A customer is any natural or legal person who maintains business relations with Fotichaestli. Deliveries are limited to the territory of Switzerland and the Principality of Liechtenstein.
Terms and conditions of the customer that conflict with or deviate from these GTC are not recognized unless Fotichaestli has expressly agreed to their validity in writing. The current and binding version of the GTC is published at www.Fotichaestli.ch. By ordering the goods or services, these terms and conditions are deemed to have been accepted.
2. Information about products and services
The information about products and services is compiled by Fotichaestli for the customer as clearly and customer-friendly as possible. Insofar as this involves information provided by the manufacturer (e.g. manufacturer's warranty), the information provided by the manufacturer itself is always authoritative. Fotichaestli always endeavors to provide correct, up-to-date and clear information from the manufacturer, but cannot guarantee this.
3. Price
Unless otherwise stated or agreed, all prices include VAT, advance recycling fees and copyright fees.
The prices stated in the order confirmation are authoritative. We charge a service fee of CHF 5 for orders with a value of less than CHF 75.
4. Offer and conclusion of contract
Products, services and prices published at www.Fotichaestli.ch are deemed to be an offer. However, this offer is always subject to the (resolutory) condition of impossibility of delivery or incorrect pricing (on the part of the manufacturer or Fotichaestli).
The offers of Fotichaestli in price lists and advertisements are subject to change and non-binding.
The contract is concluded as soon as the customer places his order via the online store and Fotichaestli confirms or executes the order under the corresponding conditions. The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation sent to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a promise that the product is actually available or can be delivered. It merely indicates to the customer that the order placed has been received by Fotichaestli and that the contract, which is subject to availability, has been concluded. Orders by e-mail will only be processed if the value of the goods exceeds CHF 150.00.
If delivery is impossible in accordance with section 4, the contract will be terminated immediately and automatically. The customer will be informed immediately. If the customer has already paid, this amount will be refunded. If no payment has yet been made, the customer shall be released from the obligation to pay. Fotichaestli is not obliged to make any replacement delivery as a result of such a termination of contract.
5. availability
Fotichaestli attaches great importance to maintaining the availability information carefully and displaying it as correctly as possible. However, delays in delivery may occur, particularly due to production or delivery bottlenecks. All information on delivery times is therefore without guarantee and may change at any time without notice. Delivery may also be completely impossible if a product can no longer be manufactured or delivered. In this case, delivery becomes impossible (resolutory condition) in accordance with section 4 of the GTC.
Dates and delivery periods are non-binding unless expressly agreed otherwise in writing. The indication of specific delivery periods and delivery dates by Fotichaestli is subject to the correct and timely delivery to Fotichaestli by suppliers and manufacturers.
6. Terms of payment
The customer undertakes to pay using the payment options provided. The current payment options and the associated conditions are published at www.Fotichaestli.ch. Fotichaestli reserves the right to exclude customers from individual payment options without giving reasons.
Delivery is always freight collect, i.e. at the buyer's expense by parcel post or forwarding agent, unless expressly agreed otherwise. Payment shall only be deemed to have been made when Fotichaestli can dispose of the amount.
7. Retention of title
Products delivered to the customer remain the property of Fotichaestli until the purchase price has been paid in full. The customer grants Fotichaestli the right to have a retention of title entered in the retention of title register.
8. Default of acceptance
If the buyer refuses to accept the delivery items after expiry of a grace period set for him or declares that he does not wish to accept the goods, Fotichaestli may refuse to fulfill the contract and claim damages for non-performance. Fotichaestli is entitled to demand either a lump sum of 25% of the agreed purchase price or compensation for the actual damage incurred from the Buyer as damages.
9. Default of payment
If the Buyer is in default and fails to meet his payment obligations in whole or in part, Fotichaestli is entitled to charge interest at a rate of 5% from the relevant date. During the period of default, Fotichaestli is also entitled to withdraw from the contract at any time, to demand the return of the delivered goods and to claim damages for the loss of the contract.
All claims become due immediately if the Buyer is in default of payment, culpably fails to comply with other material obligations under the contract or if circumstances become known that are likely to reduce the Buyer's creditworthiness, in particular suspension of payment, pendency of composition or bankruptcy proceedings. In such cases, Fotichaestli is entitled to withhold outstanding deliveries or to execute them only against advance payment or corresponding securities.
In the case of an order by advance payment, Fotichaestli may automatically terminate all affected contracts without further notice at the earliest ten calendar days after Fotichaestli has unsuccessfully sent the customer a request for payment.
Fotichaestli may charge a collection fee of CHF 50.00 from the 3rd reminder. Fotichaestli reserves the right to assign the claim to a debt collection agency.
10. Cancellation and termination of contract
Orders are binding in accordance with Clause 4 of the GTC, and the customer is obliged to accept the service. Subsequent changes at the customer's request are possible as an exception and at Fotichaestli's discretion. The possibility of cancelation depends on the product and the time of cancellation. Fotichaestli reserves the right to charge a handling fee.
If the customer does not accept the products within two weeks despite being obliged to accept them, Fotichaestli may send the products to the customer. The transportation costs incurred for this shall be borne by the customer. In the event of a delay in delivery by Fotichaestli pursuant to Clause 5 of the GTC, the customer has the right to withdraw from the contract no earlier than 30 calendar days after the agreed delivery date. In the event of cancellation due to non-delivery, Fotichaestli will reimburse the customer for any amounts paid in advance.
11. delivery costs
Delivery costs, if any, are shown separately on the order and invoice. We deliver free of charge from a value of goods of 100, except express, Saturday delivery and registered delivery.
12. customer's obligation to check
The customer must immediately check delivered or collected products for correctness, completeness and integrity. Any defects must be reported to Fotichaestli as soon as they are detected, but at the latest within 5 calendar days of receipt of the shipment/collection. The customer must keep the product in the condition in which it was delivered and must not put it into operation.
On delivery by a service partner, the customer confirms with his signature on the delivery bill that there are no obvious defects in the product. Otherwise, the customer must indicate the defect on the delivery bill. This does not apply to hidden defects. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the consignment.
13. transfer of risk
The risk shall pass to the buyer as soon as the consignment has been handed over to the person carrying out the transport. If shipment is delayed or becomes impossible through no fault of Fotichaestli, the risk shall pass to the Buyer upon notification of readiness for shipment. Any assumption of transportation costs by Fotichaestli agreed in individual cases has no influence on the transfer of risk.
14. exchange and return
There is no general entitlement to exchange and return. However, we assess each case individually and, if reasonable, in the interests of the customer. Please fill out our return form. Here you will find all essential information on complaints and returns.
15. returns/returns
Returns of products require the prior consent of Fotichaestli and are at the expense and risk of the customer. They must be sent to Fotichaestli's address. The products, including all accessories, must be properly packed in the original packaging.
Products that Fotichaestli procures at the customer's request cannot be returned.
Please use our defective product form to return a product due to a defect. For products that have no detectable defects or the defect is not covered by the manufacturer's warranty, Fotichaestli may charge the customer for the costs of inspection and return or disposal. Further details: Complaints and returns
Returns that cannot be assigned to a customer will be kept for 12 months and then auctioned off for a good cause.
16 Warranty
Unless otherwise expressly agreed in writing, the two-year warranty period shall always apply, whereby Fotichaestli may choose to provide the warranty by repair, replacement, rescission or reduction. The warranty period begins on the date of delivery.
The replacement of parts, assemblies or entire devices does not result in new warranty periods. The warranty is limited exclusively to the repair or replacement of the damaged delivery items.
The warranty is only provided if there are no reasons for exclusion such as normal wear and tear, damage due to incorrect manipulation, tampering or external circumstances such as damage caused by the elements, moisture, falling and impact, etc. If the operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used that do not comply with the original specifications, any warranty shall be void if the defect is attributable to this. This also applies if the defect is due to improper use, storage and handling of the devices, or tampering or opening of devices. Insignificant deviations from warranted characteristics of the goods do not trigger any warranty rights.
For wearing parts, consumables, accessories, batteries and rechargeable batteries, Fotichaestli's warranty is completely void. Warranty claims against Fotichaestli are only available to the direct purchaser and are not transferable.
If the manufacturer's warranty goes beyond the warranty provided by Fotichaestli, Fotichaestli also grants this to its customers.
Products marked as "demo model" in the store are demonstration devices. They may have slight visual defects or be refurbished products, which is why they are also sold at a reduced price. These optical defects are excluded from the warranty. Fotichaestli may, at its own discretion, provide the customer with a replacement device while the warranty claim is being examined. This is subject to the (suspensive) condition that a warranty case actually exists. The customer therefore only acquires ownership of the replacement product at the time the warranty is granted. If the warranty is rejected, the customer may purchase the replacement device at the price at the time of delivery or is obliged to return the replacement device in accordance with section 15.
17. Repair after expiry of the warranty period
Repairs after expiry of the warranty period are subject to a charge.
18. liability
Claims for damages against Fotichaestli and its auxiliary persons arising from impossibility of performance, from breach of contract, from culpa in contrahendo and from tort are, to the extent permitted by law, neither intentional nor grossly negligent, excluded in their entirety. Liability for indirect damage and consequential damage resulting from use, faulty performance or loss of performance is excluded. This exclusion of liability also applies to all types of direct and indirect damage (i.e. both personal injury and damage to property and pure financial loss) caused by incorrect or unprofessional assembly, installation, adjustment, maintenance or repair of the product by the customer.
19. Data protection
Fotichaestli is entitled to process the data about the buyer received in connection with the business relationship or in connection with this, regardless of whether this originates from the buyer himself or from third parties, in accordance with the Federal Act on Data Protection (FADP). Personal customer data shall be treated confidentially.
If the course has not been paid for 21 days before the start of the course, we will release the place. Unless individual agreements have been made.
21. place of jurisdiction and applicable law
The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Zurich. The legal relationship/contract is subject to Swiss law, whereby the UN Convention on Contracts for the International Sale of Goods (CISG) is fully excluded.
Fotichaestli AG,
Langnau am Albis, December 31, 2023