General terms and conditions of sale
(Version as of 03.01.2022)
Article 1 SCOPE OF APPLICATION
1.1 The present general sales conditions (GSC) govern the rights and obligations of the parties for all orders made by the client (hereafter the “buyer”) on the website www.alex-plattet.com (hereafter the “site”), operated by Alexandre Plattet Photography, Chemin du Verger 16, 1752 Villars-sur-Glâne (hereafter the “seller”).
1.2 By placing an order on the site, the buyer confirms that he/she has read and accepted the present General Terms and Conditions of Sale in force on the date of the order and thus concludes the sale under these conditions.
1.3 The Seller reserves the right to amend these GTC at any time, for example to adapt them to a change in the law or to improve the use of the website. The GTC applicable to the contract concluded by the parties shall be those in force on the date of the order placed by the buyer on the website.
1.4 Should any provision of these GTC be wholly or partially invalid, this shall not affect the validity of the remaining provisions. In this case, the applicable legal provisions shall apply instead.
1.5 In the event of a discrepancy between the different language versions of these GTC, the French version shall prevail.
Article 2 SUBJECT OF THE CONTRACT AND WORKS
2.1 The Seller undertakes to deliver the photograph(s) (hereinafter referred to as the “Work”) ordered to the place in Switzerland indicated by the Buyer and to transfer ownership of the Work to the Buyer on full payment of the price by the Buyer.
2.2. The Buyer undertakes to pay the price to the Seller as stipulated in Art. 3 of these GTC. He is obliged to take delivery of the order at the agreed place and to accept the work(s) delivered.
2.3 The works offered by the seller are those shown on the website, within the limit of available copies. In the event of unavailability of a work not indicated on the site, the seller will inform the buyer as soon as possible. The seller reserves the right to change the range of works at any time.
2.4 Each work is presented on the site by means of an indication of its title, by clicking on the Information symbol, and an indication of the main photographic and printing technical characteristics (as well as their maximum number of prints), which can be discovered by clicking on the basket symbol. From this point on, it is possible to move from one work to another by displaying their main characteristics in parallel.
The buyer’s attention is drawn to the fact that the prints/finishes of the works may differ from the images viewed on a screen (e.g. a computer), since differences may appear in particular due to the screen or computer settings specific to each viewing medium and particularly due to the backlighting principle. The rendering of the finishes may also differ from one another for reasons specific to the media and printing techniques used. The seller also excludes, to the extent permitted by law, any guarantee and liability for the accuracy, completeness and timeliness of the information on the website.
2.5 The sale of the works presented on the website is reserved for buyers with a delivery address in Switzerland.
2.6 The works available on the website are offered in principle, except for possible technical reasons or or by choice of the seller, in three formats (full format silver or digital: 30x45cm, 50x75cm, 70x105cm, medium format digital: 30x40cm, 60x80cm, 90x120cm) and three finishes to choose from (print on art paper, print on aluminium and print on acrylic glass). The number of prints of each work is indicated on the website and is never more than 30.
Article 3 PRICES AND DELIVERY COSTS
3.1 Prices are in Swiss francs (CHF), all taxes included. The price of the work is that indicated on the site on the day of the order by the buyer. VAT is not applicable.
3.2 To this price must be added the delivery costs, which amount to 5% of the price of the work.
3.3 The total amount indicated during the final validation of the order on the site includes the price of the works ordered as well as the delivery costs and corresponds to the final price.
3.4 The seller reserves the right to modify its prices at any time.
Article 4 PAYMENT METHODS
The following payment methods are available:
– credit card via a secure Paypal system
– Paypal account via a secure Paypal system
– credit card via a secure Stripe system
No purchase can be paid on invoice.
Article 5 RESERVATION OF OWNERSHIP
The seller retains full ownership of the works sold until the total amount is paid.
Article 6 CERTIFICATE OF AUTHENTICITY OF ARTWORK
Works purchased on the site are supplied with a certificate of authenticity signed by the seller (indicating in particular the serial number of the work and its maximum number of prints) and provided with a QR-Code. A protective seal is also affixed to the back of the work. This certificate will be useful to the buyer in case of resale of the work.
Article 7 DELIVERY AND TRANSPORT
7.1 Each work is checked by the seller before the order is dispatched. The seller will endeavour to deliver the order as soon as possible (in principle two to three weeks) once the order has been placed by the buyer.
7.2 This delivery period is purely indicative and is not binding. Exceeding it does not entitle the buyer to withdraw from the contract and/or to demand a full or partial refund of the price. In particular, the Buyer shall not be entitled to make any claims against the Seller if the delivery takes longer, in particular if this is attributable to the Seller’s suppliers (e.g. failure to meet printing deadlines).
7.3 The Seller undertakes to send the order by PostPac Economy with electronic tracking to the address indicated by the Buyer, with delivery against signature being obligatory on receipt of the works (subject to agreement to the contrary between the Buyer and the Post Office). Each shipment is covered by a transport insurance (additional service “Insurance”) concluded with the Post Office. Items that are too large to be placed in the letterbox, the annex compartment or the lockable parcel box will be delivered to the entrance of the house, unless otherwise agreed with the Post Office. For further information, the Buyer is requested to read the GTC of Swiss Post 2022 here and their new features from 01.01.2022 here.
Article 8 WARRANTY
8.1 All works sold on the site benefit from the legal guarantee, subject to the following elements.
8.2 The buyer is obliged to check the condition of the work received upon receipt. In particular, he/she must immediately, and if possible in the presence of the carrier, proceed as follows:
When unpacking the work, the buyer must remove the tape holding the tissue paper and other packaging materials and, when removing the tissue paper, he must take care not to damage the printed surface and the edges of the work.
– For finishes on physical media, check that the work is not damaged by gently running a finger along the edges and corners of the work, after removing any foam corners;
– For art prints on paper rolled in protective tubes, remove the protective paper and check in particular that the ends are not damaged.
If the order is not received by the buyer but by a third party designated by him, it is the responsibility of the latter to carry out these checks without delay.
The Seller’s liability shall be excluded in the event of an agreement to the contrary between Swiss Post and the Buyer pursuant to Art. 7.3).
If a defect is found, the Buyer shall report it to the carrier if he is present. In addition, the Buyer shall immediately notify the Seller with photographs of the damage. The seller will report the matter to the post office.
The unconditional acceptance of the delivery shall extinguish all liability claims, except in cases of malice or gross negligence.
8.3 Contrary to what is provided for by law, in the event of a defect, the parties agree that the buyer may not withdraw from the contract (and request reimbursement of the price) or request a reduction in the price, but may only request a new copy of the work, in the format and finish chosen at the time of the initial order. To do so, in addition to immediately notifying the seller of the defect (art. 8.2), the customer must return the work intact, in its original packaging and with the appropriate protective covers, with the certificate of authenticity and a copy of the invoice, within five calendar days of receiving the order. The costs of returning the goods will be borne by the seller if the return is justified. In the event that the compensation is paid by the Post Office directly to the Buyer, the Buyer irrevocably undertakes to pay the compensation to the Seller without delay and to assign his rights against the Post Office to the Seller, provided that the defective work has been replaced by the Seller.
8.4 If he fails to do so, the work shall be deemed to have been accepted. Damage due to poor maintenance or normal wear and tear does not constitute a defect and is not guaranteed.
8.5 The Buyer’s attention is also drawn to the fact that the company to which the Seller entrusts the printing and manufacture of the works offers a five-year guarantee in respect of defects relating to the printing and manufacture of the work, which is mentioned in a Quality Certificate affixed to the back of the work. This information is given for information purposes only and is not binding on the seller.
Article 9 FORCE MAJEURE AND FORTUNATE CASE
The seller is released from his obligation to deliver in the event of force majeure or an act of God.
Article 10 MAINTENANCE
If the work is printed on aluminium or acrylic glass, the work must be maintained with a soft, dry, lint-free cloth (e.g. microfibre), taking care to follow the maintenance instructions on the paper accompanying these types of finishes. No chemicals may be applied to the work.
Article 11 LIABILITY FOR DAMAGE RESULTING FROM THE USE OF THE INTERNET
Within the framework of the use of its site by the buyer, the seller excludes, within the framework authorised by law, any liability for damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, breakdown of services or other involuntary problems.
Article 12 INTELLECTUAL PROPERTY
12.1 All elements of the site are and remain the exclusive intellectual property of the seller (within the limits of the law). No one is authorised to reproduce, exploit or use in any way whatsoever, even partially, elements of the site, whether in the form of a photograph, logo, visual or text.
12.2 All works ordered by the buyer are and remain the exclusive intellectual property of the seller. No one is authorised to modify, reproduce or exploit in any way whatsoever, even partially, the works of the seller.
Article 13 PERSONAL DATA
Article 14 FORUM AND APPLICABLE LAW
14.1 Swiss law, with the exception of its rules of private international law, is applicable to the sales contract between the parties, including these GTC.
14.2 Any dispute arising from or in connection with the sales contract, including these GTC, shall be subject to the jurisdiction of the courts of the Canton of Fribourg (Switzerland), whose exclusive jurisdiction the parties acknowledge.