1. Introduction

The General Terms of Agreement (hereinafter GTA) apply to all orders placed by a customer on the webshop of FOTOHAUS WOLF AG (shop.fotohaus.ch hereinafter the webshop).

The webshop is operated by

FOTOHAUS WOLF AG

Freie Strasse 4

4001 Basel

FOTOHAUS WOLF AG sells new and used (second-hand) articles via the webshop for private and professional use.

2. Conclusion of Contract

The images of the products in the webshop correspond to the actual sales objects.

However, no legal claims can be made on the basis of the images.

Although the product information in the webshop (including prices, product descriptions, stock levels and delivery times) is maintained with care by FOTOHAUS WOLF AG, it remains non-binding for the actual purchase transaction.

The effective sales contract and the binding agreements are concluded as follows.

With an electronic payment order to the payment service provider, the customer places a binding order for the products in the shopping cart.

Confirmation of the order by FOTOHAUS WOLF AG takes place immediately after it has been sent by the customer.

This electronic confirmation of the order does not constitute a final acceptance of the order by the FOTOHAUS WOLF AG. Since, especially in the case of collector's items, the stock level cannot be guaranteed at the time of the electronic order, or the same item can be purchased simultaneously through other sales channels.

The acceptance of the order by and the conclusion of the contract between the customer and FOTOHAUS WOLF AG only takes place when the ordered products have been confirmed as delivered to the customer.

3. Prices and Shipping Costs

The prices stated in the webshop include the statutory value added tax. The VAT rate applicable at the time of the order shall be applied.

4. Delivery

FOTOHAUS WOLF AG delivers free of charge worldwide from a minimum amount of CHF 500 and nationally from CHF 250.

FOTOHAUS WOLF AG also charges shipping costs for delivery. These amount to:

National:

- CHF 10 for an order value below CHF 250.-

Worldwide:

- CHF 25 for an order value below CHF 500.-

All extra costs in connection with shipping and customs clearance, such as VAT, surcharges for customs clearance, taxes, impossibility of delivery or similar, are to be borne by the customer.

The delivered items are insured in accordance with the contractual conditions of the shipping company Swiss Post.

Benefit and risk or the rights to assert transport damages are transferred to the customer upon delivery to the shipping company.

The customer is free to have the goods collected by a shipping company of own choice or to collect the goods directly in the shop at Freie Strasse 4 in Basel.

5. Impossibility of Delivery

FOTOHAUS WOLF AG carefully keeps availability information in the webshop up to date. However, all information on stock, delivery times remain non-binding and without guarantee and can change at any time and without notice due to changing delivery conditions of the manufacturers.

If a new product is no longer manufactured or delivered, delivery may become completely impossible. In this case, FOTOHAUS WOLF AG will refund the customer any amounts already paid.

All further claims of the customer due to such an impossibility of performance, in particular compensation for damages, are excluded.

6. Payment

For payment FOTOHAUS WOLF AG accepts the following payment providers: Visa, MasterCard, Union Pay, American Express as credit cards, the postcard as debit card, payment via PostFinance e-finance, prepayment and Paypal.

7. Retention of Title

The products remain the property of FOTOHAUS WOLF AG until the customer has paid in full. FOTOHAUS WOLF AG is entitled to enter a reservation of ownership in the public register.

8. Wrong Deliveries and Shortages

Complaints about wrong deliveries or missing quantities must be made in writing to FOTOHAUS WOLF AG within 8 days of receipt of the delivery of the products. Otherwise, the products are considered to be accepted.

If there is an incorrect delivery or a shortage, FOTOHAUS WOLF AG will make the correct delivery at its own expense. All other rights of the customer in connection with wrong deliveries and shortages, especially compensation for damages, are excluded.

9. Material Warranty (Guarantee) for New Goods

9.1 Scope of Warranty

FOTOHAUS WOLF AG guarantees that the products are suitable for the intended use at the time of delivery and in particular that they have no manufacturing or functional defects.

Any warranty on the part of FOTOHAUS WOLF AG is excluded if the defect is due to external causes, such as external physical force, entry of liquid, moisture, sand, dust or operation outside the specified temperature range. The warranty is also excluded if the customer has handled the products improperly.

Improper handling includes, in particular, the use of non-original spare parts or accessories and the performance of repairs by unauthorized persons.

9.2 Notice of Defects

The customer must immediately check that delivered products are free of defects. The customer must notify FOTOHAUS WOLF AG in writing of any defects that are visible on delivery of the products (obvious defects) within 8 days of delivery. Defects that only become apparent after delivery (hidden defects) must be reported to FOTOHAUS WOLF AG in writing within 8 days of their discovery, but at the latest within 24 months after the purchase of new products. Warranty services of individual manufacturers which cover a longer period of time take priority over this warranty. Each notice of defect must be accompanied by the invoice or the fully completed warranty card bearing the date of sale. If the customer does not comply with these deadlines, the customer loses the warranty rights mentioned above.

9.3 Warranty Rights

If the customer has reported a defect in due time, FOTOHAUS WOLF AG or the manufacturer will repair the defective product.

Alternatively, FOTOHAUS WOLF AG can deliver a defect-free replacement product instead of repairing the defective product. All other warranty rights, in particular rescission, reduction and compensation for damages, are excluded.

9.4 Statute of Limitations

The customer's claims from material warranty expire two years in the case of new products and in the case of used products (in particular second-hand products) 3 months after delivery of the products to the customer.

10. Exclusion of Exchange and Return

Exchange and return of the products are generally excluded, with the exception of replacement deliveries to remedy wrong deliveries and shortages according to section 8 or to remedy a defect according to section 9.

11. Used / Second-Hand Goods

We deliver the products at the indicated prices plus postage & packing.

All listed second-hand products are in technically tested good condition. Any defects known to FOTOHAUS WOLF AG will be described accordingly. Therefore, the guarantee for their functionality can only be claimed for a period of three months. With regard to the scope of the guarantee, the provisions of section 9 apply.

Second-hand products are classified on the webshop as follows:

A: as good as new

B: slight signs of use

C: strong signs of use

D: defective

12. Collector’s items

For products that are marked as collector's items FOTOHAUS WOLF AG cannot give any warranty.. Collector’s items can also not be returned. Collector's items describe all items that were produced before 1970.

13. Disclaimer

As far as there is no intentional or grossly negligent action on the part of FOTOHAUS WOLF AG or its auxiliary persons, any liability of FOTOHAUS WOLF AG, regardless of the legal basis (especially from contract, including auxiliary person liability, tort and unjustified enrichment) is excluded within the framework of the applicable legal system.

In particular, FOTOHAUS WOLF AG accepts no liability for sales transactions not concluded due to the unavailability of the webshop.

The assertion of data loss or loss of pictures or films due to the use of theweb services is also excluded. In particular, liability for consequential damages and indirect and incidental damages, in particular for loss of profit, is excluded in all cases.

14. Data Protection

FOTOHAUS WOLF AG uses personal data for all business purposes in connection with the webshop, especially for the processing of orders.

The data protection conditions of the webshop can be accessed at the following URL: https://shop.fotohaus.ch/Datenschutzerklaerung/

By deliberately using the services on the FOTOHAUS WOLF AG website and by clicking the button " the customer agrees to the collection, processing and use of his personal data (especially name, address, date of birth, e-mail address).

15. Miscellaneous

15.1 Severability Clause

Should individual provisions of these GTCs prove to be invalid or ineffective, this shall not affect the validity and effectiveness of the remaining parts of the GTC.

In this case, the parties undertake to replace the invalid or ineffective part of the GTC by a valid and effective provision that comes closest to the original intention of the parties in terms of content.

15.2 Applicable Law

The contractual relationship between the customer and FOTOHAUS WOLF AG as well as the application and interpretation of these terms and conditions are subject to Swiss law. The Vienna Convention on the International Sale of Goods is not applicable.

15.3 Place of Jurisdiction

Insofar as the customer does not necessarily have another place of jurisdiction due to his consumer status, the courts at the location of FOTOHAUS WOLF AG's headquarters are responsible for all disputes arising from or in connection with the contractual relationship between the customer and FOTOHAUS WOLF AG.

16. Intellectual Property

All published texts, designs and other works by photographers/artists published on the websites of FOTOHAUS WOLF AG are the property of FOTOHAUS WOLF AG or the respective photographers/artists.