TERMS OF SALE AND DELIVERY
1. Scope of Application
These General Terms and Conditions (hereinafter "GTC") apply to all legal relationships between Stiftung Atelier Manus, café weri, and Glen by Atelier Manus (hereinafter collectively "Atelier Manus") and their private, non-commercial customers as well as institutional customers (hereinafter "Customers"). They govern the rights and obligations of Atelier Manus and its Customers, unless and to the extent that these are otherwise regulated in individual contracts. Any terms and conditions of the Customer that conflict with these GTC require the express written confirmation of Atelier Manus to be valid. Atelier Manus may amend the GTC at any time.
2. Offers
Prices quoted in offers and catalogs, as well as catalog specifications provided by Atelier Manus, constitute a non-binding invitation to Customers to purchase products or services from Atelier Manus. Prices and specifications are subject to change without prior notice. Prior sale remains reserved.
3. Prices
All prices are stated in Swiss Francs (CHF).
For orders amounting to CHF 5,000 or more, a down payment may be required (particularly to cover the purchase of raw materials). We prepare samples upon request; these will be invoiced if the order is not executed.
4. Terms of Payment
Invoices issued by Atelier Manus are payable in CHF within 30 calendar days (net), or via prepayment or cash on delivery. Cash discounts and other deductions are not permitted and will be subsequently billed. In the event of late payment by the customer, Atelier Manus reserves the right to charge CHF 25.00 per payment reminder and to levy default interest at a rate of 5%.
For customers who fail to meet their payment obligations, Atelier Manus reserves the right to accept new orders only against prepayment.
For large orders and new customers, we reserve the right to request a down payment (prepayment), ship the order via cash on delivery, or process only a partial order. The customer will, of course, be informed of this in advance.
5. Retention of Title
Products supplied by us remain the property of Atelier Manus until payment has been made in full.
6. Standing Orders / Subscriptions
Unless otherwise stipulated by contract, standing orders and subscriptions automatically renew for a further season or period until cancelled. Cancellation must be submitted in writing to the Atelier Manus Foundation three months prior to the end of the season or period.
7. Warranty and Liability
Atelier Manus guarantees that all orders are executed professionally and with great care. Should supplied products or documents be damaged or lost, the customer will receive appropriate compensation. Liability is limited to the actual value of the materials. Further claims—such as reimbursement of costs for activities like photography, or compensation for lost sentimental value, etc.—are expressly excluded in all cases.
Should a data carrier ordered from Atelier Manus fail to function upon its initial use, Atelier Manus will create a replacement data carrier free of charge. Any further liability regarding a data carrier written by Atelier Manus is excluded. Atelier Manus assumes no liability whatsoever regarding the material or functionality of any data storage media provided by you.
8. Shipping
Switzerland: Within Switzerland, shipping is generally charged based on the rates specified by the postal service, plus any costs for packaging materials. Express surcharges are billed separately.
International: Actual postage and packaging costs are charged. Express surcharges are billed separately. Customs duties, taxes, and associated fees are to be borne by the recipient. Shipping takes place exclusively against prepayment. A minimum order value of CHF 100.00 applies.
9. Delivery Times
Delivery times are adhered to whenever possible but are non-binding unless otherwise agreed. Delays in delivery (due to force majeure, fire, strike, accident, shortage of goods or transport options, transport delays, inability to procure ordered goods from the regular supplier, failure of the seller's supplier to meet delivery deadlines, or any other reasons beyond the control of Atelier Manus) do not entitle the customer to withdraw from the contract or to claim damages of any kind. Delivery is at the recipient's risk.
10. Glen Gastro
Samples are produced for a fee and invoiced upon delivery. In the event of a subsequent order, the sample costs incurred will be fully credited against the corresponding order.
Goods subject to a complaint must be returned by the customer within 30 days of the delivery of the newly manufactured items. The newly manufactured replacement items are chargeable. If the disputed goods are not returned within the specified period, they will also be charged in full.
Menu cards made available for loan by Glen Gastro must be returned by the customer within 20 days of receipt. Failure to return them on time will result in the full cost being charged.
11. Returns / Exchanges
Goods may only be returned or exchanged within 8 calendar days of delivery and following prior consultation with Atelier Manus. Returned or exchanged goods are accepted subject to a deduction of 10% (subject to a minimum of CHF 10.00) of the invoiced value to cover administrative costs. Furthermore, returned items must be in perfect, resalable condition. The customer bears the costs for the return shipment or transport of the goods.
Products made specifically for the customer are entirely excluded from return.
12. Claims
Claims regarding defects must be submitted in writing without delay, and no later than 8 calendar days after receipt of the delivery. Claims and complaints regarding damage incurred during transport must be addressed by the customer directly to the final carrier prior to accepting the shipment.
13. Data Protection
All personal data made available to Atelier Manus is handled in accordance with the provisions of Swiss data protection law and protected against unauthorized processing through appropriate technical and organizational measures.
Customers acknowledge and explicitly consent to the storage of personal data necessary for order processing and archiving on data storage media. This data is used for business operations. Atelier Manus is entitled to use the data for credit checks and creditworthiness monitoring, insofar as this is necessary for business operations.
Customers may revoke their consent in writing at any time, effective for the future. In the event of such revocation, Atelier Manus undertakes to delete the personal data, unless a transaction has not yet been fully completed or continued retention is required for Atelier Manus's business operations.
In the digitization department, we collect and process data using automated data processing systems. Your data, image data, and data related to other photo and film products are stored by us for production and quality control purposes. Following the completion of the order, the data is retained for a certain period (typically 2–5 months)—stored securely on our own server or via a cloud solution, depending on file size—to ensure that the data can be promptly supplied again in the event of loss or damage. Thereafter, the data is irrevocably deleted.
14. Third-Party Rights
The customer is solely responsible for ensuring compliance with all necessary copyright, trademark, and other rights regarding the submitted documents and archival materials. Should third parties assert claims against Atelier Manus in connection with an order due to the infringement of copyright, trademark, or other rights, the customer is obliged to assume the defense against such claims at their own expense and to indemnify Atelier Manus for any damages incurred.
15. Copyright
All content within the catalogs, websites, and online shops of Atelier Manus, café weri, and Glen by Atelier Manus is protected by copyright. Such content may not be reproduced or reused, in whole or in part, in any form without the prior written consent of Atelier Manus. The storage and reproduction of images, illustrations, or graphics are also prohibited, with the exception of specific links provided for download.
16. Place of Performance and Jurisdiction
Swiss law applies. The place of performance and exclusive place of jurisdiction for both contracting parties is Brig, Switzerland.