TERMS OF SALE AND DELIVERY
1. scope of application
These Terms and Conditions of Sale and Delivery (hereinafter "Terms and Conditions") shall apply to all legal relationships between the Atelier Manus Foundation, café weri and Glen by Atelier Manus (hereinafter "Atelier Manus") and its private, non-commercial customers and institutional customers (hereinafter "clientele"). They govern the rights and obligations of Atelier Manus and its clientele, unless and insofar as these are not otherwise regulated in individual contracts. Terms and conditions of the customer conflicting with these Terms and Conditions require the express written confirmation by Atelier Manus to be valid.
The VLB can be changed by the studio Manus at any time.
The offer and catalog prices and catalog information of Atelier Manus represent a non-binding invitation to the clientele to purchase products / services from Atelier Manus. Prices and information can be changed without prior notice. Subject to prior sale.
All prices are in Swiss Francs (CHF).
For orders of CHF 5,000 or more, a deposit may be required (in particular to cover the purchase of raw materials). Samples are provided on request. These will be invoiced if the order is not executed.
4. terms of payment
The invoices of Atelier Manus are payable in CHF within 30 calendar days net or against advance payment or cash on delivery. Discounts and other deductions are not allowed and will be charged subsequently. In case of late payment by the customer, Atelier Manus is entitled to charge CHF 25.- per reminder as well as a default interest of 5%.
In the case of customers who do not meet their payment obligations, Atelier Manus reserves the right to accept new orders only against prepayment.
In the case of large orders and new customers, we reserve the right to require payment on account, to send the delivery by cash on delivery or to process only a partial order. This will of course be communicated to the customer in advance.
5. reservation of proprietary rights
Until full payment, the products delivered by us remain the property of Atelier Manus.
6 Warranty and liability
Atelier Manus guarantees that all orders will be executed professionally and with great care. If delivered products or documents are damaged or lost, the customer will be compensated accordingly. The liability is limited to the pure material value. Further claims, such as reimbursement of costs for e.g. the taking of photographs or compensation for the lost sentimental value, etc., are excluded in any case.
If a data medium ordered from Atelier Manus should not work when used for the first time, Atelier Manus will create a new data medium free of charge. Any further liability for a data carrier described by Atelier Manus is excluded.
For all data carriers provided by you, Atelier Manus assumes no liability whatsoever with regard to material and functionality.
Switzerland: Within Switzerland, shipping is generally based on the rates indicated by the post office plus any packaging material. Express surcharges will be invoiced.
Abroad: The effective postage and packaging costs will be charged. Express surcharges will be charged separately. Customs duties as well as taxes and expenses shall be borne by the recipient. Shipping is only possible against prepayment. A minimum order value of CHF 100.-- applies.
8. delivery periods
Delivery times will be met as far as possible, but are not binding unless otherwise agreed. Delay in delivery (due to force majeure, fire, strike, accident, lack of goods and transport facilities, transport delay, inability to procure the ordered goods from the regular supplier, failure to meet the delivery deadline prescribed to the seller or for any possible reasons beyond the control of Atelier Manus) entitles the customer neither to withdraw from the contract nor to claim damages of any kind. Delivery is made at the risk of the recipient.
9 Return / Exchange
A return / exchange of goods is only possible within 8 calendar days after delivery and after prior consultation with Atelier Manus. Returned or exchanged goods will only be taken back with a deduction of 10% (but at least CHF 10.--) of the invoice value for handling charges. In addition, the returned items must be in perfect, resalable condition. The customer shall bear the costs of returning or transporting the goods.
Products that have been specially made for the customer are completely excluded from return.
Complaints about defects must be made in writing immediately, at the latest within 8 calendar days after receipt of the delivery. Complaints and claims about damage during transport must be addressed by the customer directly to the last carrier before receipt.
11. data protection
All personal data made available to Atelier Manus will be treated in accordance with the provisions of the Swiss Data Protection Act and protected by appropriate technical and organizational measures against unauthorized processing.
The customer is aware and explicitly agrees that the personal data necessary for order processing and archiving are stored on data carriers. The data will be used for business purposes. The Atelier Manus is entitled to use the data for the purpose of credit checks and credit monitoring, as far as necessary for the business transaction.
The clientele can revoke their consent in writing at any time with effect for the future. Atelier Manus undertakes to delete the personal data in the event of revocation, unless a transaction has not yet been fully processed or the continued storage is necessary for the business activities of Atelier Manus.
In the digitization department, we collect and process data with automatic data processing equipment. Your data, image data as well as the data of the other photo and film products are stored by us for the production and the quality check and after the completion of the order are stored for a while (usually 2-5 months) secured depending on the file size on our own server or on a cloud solution. This ensures that the data can be redelivered immediately in the event of loss or damage. After that, the data is irrevocably deleted.
12. rights of third parties
The customer alone is responsible for ensuring that the necessary copyright, trademark and other rights to the documents and archives sent are respected. If third parties in connection with an order because of violation of copyright, trademark or other rights claims against Atelier Manus, the customer is obliged to defend against these claims at your expense and to compensate Atelier Manus for the damage incurred.
All contents of the catalogs, websites and the online store of Atelier Manus, café weri, Glen by Atelier Manus are protected by copyright. Without the prior written consent of Atelier Manus, these contents may not be reproduced or reused in any form, in whole or in part. It is also prohibited to store or reproduce images, illustrations or graphics. Excluded are special links that are offered for download.
14 Place of performance and jurisdiction
Swiss law applies. Place of performance and exclusive jurisdiction for both contracting parties is Brig/Switzerland.