The present General Terms and Conditions of Sale (hereinafter “GTCS”) govern all transactions carried out on the website of Anne-Sophie Wichser, acting under the entity Anne-Sophie Wichser – Wildlife Photography (hereinafter “the photographer”) and, on the other hand, a customer as defined hereinafter, insofar as a special written agreement does not derogate therefrom. By placing an order, the customer accepts these conditions.
Definitions
For the purposes of these GTS, the parties agree with the following definitions:
Customer: Any individual or legal entity placing an order with the photographer.
Photographic prints: These are prints of photographs selected by the photographer for their artistic quality and the beauty of the nature they represent. Prints are made in the format and on the medium chosen by the customer at the time of ordering.
Upon request via the contact form, it is possible to order a personalized print with a photograph chosen by the customer. The photographer will send the customer an estimate for the requested print, which will serve as a sales contract if the customer accepts it.
Calendars: The photographer offers wall calendars featuring her photographs. The format is double-page A4, and the language is French by default. The customer may require for a calendar in English by using the order form.
Other calendar formats are available on request via the contact form. The photographer will send the customer a quote for the requested personalized calendar, which will serve as a sales contract if the customer accepts it.
Gift vouchers: Gift vouchers of customizable value are not nominative and are neither exchangeable nor refundable. Gift vouchers are valid only for the products mentioned.
Gift vouchers are delivered electronically (by e-mail).
Promotional gift vouchers offered by the photographer are non-refundable and subject to the same restrictions as standard gift vouchers.
Prices
All prices displayed on the photographer’s website are in Swiss francs (CHF) and include VAT. This means that value-added tax (VAT) and any other applicable taxes are included in the price displayed.
Photographic prints: The price of prints varies according to the size, medium and other personalized specifications requested by the customer. The total price, including taxes, will be indicated at the time of order.
Calendars: Calendar prices include VAT. For a personalized calendar on request, the customer will receive a quote with the price including taxes.
Price changes: The photographer reserves the right to change prices at any time, but products will be invoiced based on the rates in force at the time of order validation, subject to availability.
Order and payment
The total amount of each order must be paid in advance to finalize the order.
Once the order has been received, the customer will receive confirmation and an invoice as proof of payment.
Photographic prints: Prints are created individually for each customer. Once the image, format and medium have been chosen, the customer can complete the online ordering process and proceed to payment to finalize the order.
For personalized prints, the customer must sign the quotation provided by the photographer, then proceed to payment to finalize the order.
Calendars: Pre-orders are possible from November 15th of the current year, and orders are possible while stocks last.
On request, the photographer can print a calendar that is no longer in stock.
Gift vouchers: The value of the gift voucher must be specified at the time of order. The amount is fixed and cannot be reimbursed or exchanged. Gift vouchers are valid for one year from the date of purchase.
Delivery
On-site collection: Customers can collect their order from the photographer’s premises. To do so, the pick-up option must be selected when placing your order. The photographer will inform the customer of the delivery date and the pick-up appointment.
Free delivery in Switzerland: Delivery is free of charge for all print orders within Switzerland. Please note that delivery times may vary according to location. The photographer declines all responsibility in the event of delay or loss in the post, as well as for the risk of theft. However, to limit these risks, shipments are made against signature.
Order tracking: A tracking number will be provided once your order has been dispatched, enabling you to follow the progress of delivery.
Delivery times
Photographic prints: Each print is made to order. Consequently, a delivery time of up to two weeks applies. In all cases, the customer will receive an e-mail indicating the delivery time once the order has been placed.
In the event of a delay by the supplier, the photographer undertakes to inform the customer.
Calendars: Calendars are prepared in November of the current year and sent for printing by mid-November at the latest. The printer’s delivery time is 10 days, plus the customer’s delivery time.
Gift vouchers: Gift vouchers are sent electronically to the e-mail address given by the customer at the time of ordering, within 48 hours.
Payment methods
We accept Twint (for Swiss customers), bank transfer and credit cards.
Payment by invoice is not possible.
Right of withdrawal and return
As prints are personalized and made to order, the right of withdrawal normally applicable to distance selling does not apply to this item. All sales of prints are therefore considered final upon confirmation of the order.
For calendars, a withdrawal of 7 days from the date of order applies. Returns are also possible, within 14 days of the delivery date: the delivery date indicated by the carrier being taken as proof. The customer will be refunded once the return has been received.
Guarantee
Prints and calendars are not covered by any warranty.
Apparent defects
Prints and calendars are checked by the photographer before being dispatched to customers. However, it may happen that a product is delivered with one or more defects. Any defects must be reported within 5 working days. After this period, the goods will be considered accepted.
Defects must be reported in writing, if possible, with photographs. Variations in rendering inherent in the printing process cannot be considered defects.
In the case of prints, the photographer will work out an arrangement or refund with the customer.
Calendars reported as faulty will be exchanged.
Rendering variations
The colors, textures and sharpness of the image may vary between what the customer sees on the screen on the photographer’s website and what they receive in real format. The colors displayed on a computer screen or smartphone are never the same as those printed on materials such as alu-dibond, paper or any other support.
Due to these variations inherent in the printing process, no compensation can be claimed for differences in rendering.
Before each print run, the photographer sends screenshots to give the customer a final preview of the order. These previews are provided for information purposes only and are intended to give an idea of what the product will look like once printed and possibly framed or mounted on its support.
Copyright
All photographs presented on the website and printed on the products are original works created by the photographer.
The photographer holds exclusive copyright on all images and photographs available.
The copyright granted to the photographer formally prohibits any reproduction, distribution or use of these works without prior written authorization. This includes copying, modifying, distributing, transmitting, republishing, displaying or performing the works on the site.
The purchase of a print or calendar entitles you to strict personal use. Customers are not authorized to use these products for commercial purposes, resale or reproduction.
The photographer insists on respecting intellectual property rights and encourages customers to appreciate the works in the context of the personal use for which they were acquired.
The protection of intellectual property is taken very seriously, and all necessary measures will be taken to enforce the photographer’s rights in the event of infringement.
Data protection
The photographer collects the customer’s personal data necessary for the administrative management of the contract and stores it in the database. The photographer may not use this data for promotional or marketing purposes, to send generic or personalized offers to the customer. The data will not be passed on to third parties.
The customer may request the correction or deletion of personal data at any time.
Modification of general sales conditions
The photographer reserves the right to modify these terms and conditions at any time. Such modifications may be necessary to comply with changes in legislation, developments in my products and services, or for other commercial or operational reasons.
The new terms and conditions will be effective as soon as they are published on the site. The most recent version of GTC will always be available. Customers are requested to consult this section regularly to keep abreast of any changes.
By continuing to use the site and to place orders after the publication of the new GTC, the customer agrees to abide by the modified terms. In the event of disagreement with the modifications made, the customer has the right to cease using the services.
Applicable law and place of jurisdiction
In the event of a dispute relating to a purchase made on the site, the photographer first encourages customers to contact her to resolve the problem amicably. She undertakes to respond promptly and to seek fair solutions.
These general terms and conditions of sale and any dispute or claim arising therefrom, whether contractual or non-contractual, shall be governed by and construed in accordance with Swiss law.
For all disputes arising from the contract between them, the parties agree to submit to the exclusive jurisdiction of the courts of the photographer’s domicile. This clause applies regardless of the customer’s place of residence or the method of placing the order.
