§ 1 Generalities, Area of application
(1) For the business relationship between the company idphoto GmbH (hereinafter called idphoto) and the customer only the following general terms and conditions in the respectively valid version shall apply.
(2) They apply to all deliveries within the Switzerland and Liechtenstein.
(3) The general terms and conditions can be stored by the customer for the purpose of booking online and/or printed out.
§ 2 Contracting Party
Contracting Party for the customer is the company of idphoto GmbH. Registered office of the company is Zurich, legal domicile Ettenfeldstrasse 11 8052 Zurich.
§ 3 Conclusion of contract
Between idphoto and the customer a contract for digital photo editing (referred to hereinafter edited image file) and/or photo development (hereinafter goods) takes place, as soon as idphoto confirms a granted online offer of the customer via E-Mail or otherwise the acceptance of the offer of the customer to such contract is to detect, e.g. by providing the photos.
§ 4 Acceptance warranty, photo editing
(1) If the customer gives the order of an official purpose, idphoto guarantees that the ordered photos comply with the requirements to be met. If an official authority rejects a created passport or visa photo, idphoto will undertake a new delivery after receiving new photos by the customer. Before replacement idphoto is entitled to obtain a proof of the refusal of acceptance by the official body and the return of the disputed photos by the customer.
(2) Idphoto edits digitally the customer photos order within the meaning of paragraph 14, section 1, in particular if an official purpose was specified while ordering. This is undertaken in order to improve the quality and to comply with the official requirements to be met..
§ 5 Prices
The delivery takes place to the applicable prices on the day of the conclusion of the contract, stated on the website of idphoto (prices in Swiss francs). All prices are final prices including delivery and shipping costs.
§ 6 Delivery, shipping
(1) The delivery takes exclusively place by sending the goods via A-mail to the address communicated by the customer. The goods are delivered within four working days after receipt of the payment of the total amount in accordance with § 7 of these terms and conditions. Idphoto reserves the right to deliver the goods in exceptional cases already prior to payment by the customer.
(2) If the customer takes the option "express delivery" the goods will be delivered within 2 working days.
(3) If the customer specifies an official purpose while ordering and the provided photo is not suitable for this, idphoto informs the customer, stating the anticipated rejection reasons. Within this framework, idphoto calls the customer to submit a new photo. Idphoto sends the original photo, if the customer requires it so. In this case, idphoto however does not guarantee pursuant to paragraph 4, that the competent authority accepts the photo.
(4) Idphoto is entitled to make partial deliveries.
(5) A collection of goods is not possible. Delivery delay on the part of idphoto does not entitle the customer to damage claims, unless there is gross negligence or intent on the part of idphoto.
§ 7 Payment, delay
(1) The customer specifies the desired method of payment when placing the order. Here, he possesses the possibilities of payment by means of bank transfer or payment service providers such as PostFinance, PayPal or direct banking (SOFORTTransfer). Other methods of payment are excluded. Payments shall only be deemed made as of the day on which idphoto can dispose of the amount.
(2) If the customer comes into delay of payment by obtaining a payment reminder after maturity or otherwise with fourteen days after maturity, idphoto is entitled for making a contribution to expenses for expenses and activities in the amount of CHF 15,-. The customer fails in default, as long as the performance is omitted as a result of a circumstance, which he is not responsible for. If any additional provable loss should be incurred as a result of the default, damages can also be claimed for this loss.
(3) If the customer, despite the registered notice, does not pay, idphoto is entitled to charge an additional fee for launching an operation for expenses and activities amounting to CHF 25. Therefore, any charged costs represented by the enforcement office are not covered.
§ 8 Right of cancellation
A right of cancellation does not exist, especially since the created photos are made according to the specifications of the customer and are tailored to their personal needs. The provisions are reserved pursuant to § 9.
§ 9 Claims for defects
(1) Goods are defective, if they do not meet the technical standards of photo development and/or digital photo editing.
(2) The customer has to make obvious, without special attention, striking defects within 14 days of receipt of the goods claimed. Contact with idphoto via the contact address specified on the web site or an e-mail is sufficient to assert. Upon written contact a timely sending of the letter is sufficient. A later assertion of obvious defects is excluded.
(3) In the case of justified complaints, idphoto has the right to supply a replacement because a repair due to the nature of the goods is not technically feasible. If a replacement delivery is not possible, fails or it does not take place within a reasonable period set by the customer, the customer is entitled to withdraw from the contract or to demand a reduction in the purchase price. In the case of withdraw from the contract the customer is obliged to the full return of the goods. Shipping costs are taken over by idphoto.
(4) A low image quality is not considered a defect if this was due to the original image file.
§ 10 Liability for defects
Idphoto is liable for intent or gross negligence and the injury of life, body or health for all damages caused. For mild negligence idphoto is only liable for the violation of essential contractual obligations, which include in particular damages to the product itself. The liability is limited to the typically foreseeable contract damage. Any further claims of the customer for damages, insofar as they arise after the order, are excluded. In particular, any liability for damage or loss of files on customer-specific disks or disks from idphoto as well as on the electronic data transmission channels and networks is expressly excluded for slight negligence. The liability of idphoto under the product liability law shall remain unaffected.
§ 11 Set-off
A set-off by the customer is possible only if his counterclaims are legally established or not contested by idphoto.
§ 12 Retention of proprietary rights
Until full payment of the goods they remain the property of idphoto.
§ 13 Data protection, Data backup
(1) The customer is aware and he agrees that his personal information necessary for the order processing and archiving to disk are stored. He expressly consents to the collection, processing and use of his personal data. All data will be treated confidentially by idphoto. The customer is entitled to the right to revoke his compliance at any time with effect to the future. For the case of revocation, idphoto undertakes the immediate deletion of the personal data, unless an ordering process is not yet fully settled or statutory provisions preclude the deletion.
(2) At the placement of an order, idphoto presupposes that the client backs up its data sets over and above the time of delivery of the goods or the receipt of the image file. A backup of the data transmitted by the customer through idphoto will not be undertaken.
(3) For the purpose of order processing the customer agrees that his image file, in particular for the printing of the image, may be provided to third parties. However, a transfer of personal data does not take place.
(4) The images for the order transmitted by the customer are still stored by idphoto for a duration of 30 calendar days, to allow the customer to be able to make repeat orders. At the customers request, submitted picture files are immediately deleted after completing an order.
(5) If the goods are defective or the customer’s opinion is, that the goods are defective, a cancellation is only possible after final clarification of the facts.
(6) A claim for deletion also does not exist, if idphoto is legally obliged to storage.
§ 14 Copyright, personal right, civil aspects of law
(1) For the purpose of order processing the customer grants idphoto a nonexclusive license to the image file in order to allow the editing of those. Here, under editing of the image one understands both the cropping of the image as well as the post processing (in particular brightness, contrast, hue, retouching of the background) if necessary.
(2) For the contents of the transferred image files the client is solely responsible. All image files provided to idphoto meet the requirements for copyright, trademark or other rights of the customer. With the transfer, the customer confirms that he does not violate any rights of third parties. The customer shall indemnify idphoto from all damages arising out of any violation of these rights.
(3) Moreover, by placement of the order the customer guarantees that the contents of the transferred image files do not infringe the penal laws specifically against the rules on the dissemination of child pornography and representation of pornographic minors. Should idphoto be aware of infringements of this assurance, the competent law enforcement authorities will be contacted by idphoto immediately.
§ 15 Place of performance, place of jurisdiction and applicable law
(1) Place of performance for all obligations arising from the contractual relationship is the domicile of idphoto, currently Zurich.
(2) In the case of legal disputes in connection with the business relationship exclusively Swiss law shall be applicable excluding any UN sales law.
(3) If upon bringing a suit the customer does not have a place of residence or habitual abode within Switzerland or a place of jurisdiction or if the customer is a merchant and acts in that capacity, Zürich shall be the exclusive place of jurisdiction.
§ 16 Severability clause
Should individual provisions of this contract be ineffective or infeasible or after conclusion of the contract is or becomes invalid or unenforceable, the validity of the agreement remains otherwise unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable regulation that most closely corresponds to the effects of the economic purpose that the parties to the contract had been planning to pursue with the invalid or unenforceable provision. The foregoing provisions shall apply mutatis mutandis in the event that the contract proves to be as incomplete.
Updated: 01. Juni 2015