TERMS & CONDITIONS
STATUS: NOVEMBER 19, 2024
SCOPE OF APPLICATION
(1) This website (www.sandroscherrer.com) and/or the services, including all related mobile applications (hereinafter referred to as the "Services"), as well as all offers and sales of products ("Products") through the website, are owned and operated by the sole proprietorship Sandro Scherrer Design (hereinafter also referred to as "we", "us", and "our"). These terms and conditions ("Terms and Conditions") set forth the terms and conditions under which visitors, customers, purchasers, or users (hereinafter referred to as "Users" or "you") may visit the site and/or use the services and purchase products. Sandro Scherrer Design offers this site, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
(2) These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts, orders, and services entered into between the user and Sandro Scherrer Design. These terms govern the purchase of photographs, posters, printed materials, stock photos, and other content published through the website www.sandroscherrer.com, as well as orders placed directly with us.
Any new features or tools added to this site will also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, modify, or replace any part of these Terms and Conditions by posting updates and/or changes on our website. It is your responsibility to check this page regularly for any changes. Your continued use of or access to the site following the posting of any changes constitutes your acceptance of those changes.
(3) The user must be of legal age to use this site and enter into contracts (such as purchases or service orders). By agreeing to these Terms and Conditions, you confirm that you are at least the age of majority in your country of residence. We reserve the right to refuse a user's order if false personal information has been provided.
CONCLUSION OF PURCHASE
(1) The purchase of products and services is governed by the Terms and Conditions in effect at the time, as published on this site.
(2) If you purchase a product: (i) you are responsible for thoroughly reading the item description before making a binding purchase; and (ii) completing an order on the site (by confirming the payment transaction via the “Pay,” “Order,” or similar button) may constitute a legally binding contract for the purchase of the relevant product, unless otherwise stated in these Terms and Conditions.
(3) SELECTING PRODUCTS AND PLACING AN ORDER
You can browse and select products from our range by clicking on the corresponding item or name to add it to your shopping cart. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct unintentional pricing errors. Any such changes will not affect the price of products you have already purchased.
When you proceed to payment, you will be shown an overview of all products added to your shopping cart. This overview will include the main features of each product (such as the product name), the total price for all products, applicable sales tax (VAT), and, if applicable, shipping costs. On the payment page, you will also have the option to review, change, remove, or correct any product quantities or details. You can use the edit function to identify and correct any input errors before finalizing your order.
All stated delivery times are calculated from the receipt of your payment for the purchase price. By clicking the “Pay,” “Order,” or similar button, you are placing a binding order to purchase the products listed at the specified price and shipping costs. To complete the order, you must first accept these Terms and Conditions by clicking the corresponding box.
In addition to the online ordering process described above, orders can also be placed in writing by email or through the contact form. By placing an order, the user confirms that they have read and accepted these Terms and Conditions. Any agreements differing from these Terms and Conditions must be made in writing by letter or email.
(4) ORDER CONFIRMATION
After you have successfully placed your order, we will send you an order confirmation email, listing your order details. You can then print or save this confirmation using the corresponding function. Please note that this is an automated notification confirming that we have received your order. It does not imply that we have accepted your order.
(5) CONCLUSION OF THE CONTRACT
The legally binding agreement for the purchase of products or services is only concluded when we send you an acceptance email or dispatch the products to you. We reserve the right not to accept your order. However, this does not apply when we offer a payment method that initiates an immediate payment process upon transmission of your order (e.g., electronic transfer or real-time transfer via PayPal, ApplePay, Credit Card). In such cases, the agreement is considered legally binding when you initiate the order process, as described above, by clicking the “Pay,” “Order,” or similar button.
(6) LANGUAGE OF THE PURCHASE CONTRACT
The purchase contract can be concluded in German or English. After the contract is concluded, we will store the terms and conditions of the contract, and you will no longer have access to them.
RIGHT OF WITHDRAWAL FOR PHYSICAL PRODUCTS
(1) You have the right to withdraw from the purchase contract within 14 days of receiving the goods (delivery date) without providing any reason. The withdrawal period will expire 14 days after the day on which you or a third party designated by you, excluding the carrier, takes physical possession of the goods.
To exercise your right of withdrawal, you must inform us (Sandro Scherrer Design, hello@sandroscherrer.com) of your decision to withdraw from this contract through an unequivocal statement (e.g., a letter sent by email, via the contact form, or by letter).
(2) If you cancel this contract, we will refund all payments received from you, excluding delivery costs, within 14 days of receiving your cancellation notice. Unless otherwise agreed, the refund will be processed using the same payment method you used for the original transaction. In any case, you will not incur any fees for the refund. Refunds may be withheld by us until we have received the returned goods or you have provided proof that the goods have been returned.
(3) The goods must be returned to Sandro Scherrer Design, Wesmelinrain 20, 6004 Lucerne, within 14 days of receiving your cancellation notice. The deadline is considered met if you send the goods before the 14-day period expires. You will bear the direct costs of returning the goods.
(4) The goods must be returned undamaged and, if possible, in their original packaging. You will be responsible for any reduction in the value of the goods resulting from handling beyond what is necessary to determine the nature, characteristics, and functionality of the goods.
RIGHT OF WITHDRAWAL FOR DIGITAL PRODUCTS
(1) You may cancel the concluded purchase contract within 14 days of the contract's conclusion without providing any reason. The withdrawal period expires 14 days after the contract is concluded.
To exercise your right of withdrawal, you must inform us (Sandro Scherrer Design, hello@sandroscherrer.com) of your decision to withdraw from the contract through an unequivocal statement (e.g., a letter sent by email).
(2) If you withdraw from this contract, we will refund all payments already received from you, excluding delivery costs, within 14 days of receiving your withdrawal notification. Unless otherwise agreed, the refund will be processed using the same payment method you used for the original transaction. In any case, refunds will be issued without incurring any fees for you. We may withhold the refund until you provide proof that you have deleted or destroyed the digital goods.
(3) In the event of contract revocation, all digital products purchased under the revoked contract must be destroyed and/or deleted immediately. Upon revocation, the license to use the digital products expires automatically. Any use of the digital products after revocation constitutes a copyright infringement and may be subject to legal action by the copyright holder.
WARRANTY
The statutory provisions of Swiss law apply to warranty claims. We reserve the right to reject claims if the product or services are found not to be defective according to applicable consumer protection laws.
STORAGE OF ONLINE PAYMENT DETAILS
You may save a preferred payment method for future use. In such cases, we will store these payment details in compliance with applicable industry standards, if any. You can identify your saved card by its last four digits.
VOUCHERS, GIFT CARDS, AND OTHER OFFERS
Coupons, gift cards, discounts, and other offers may be available for our products from time to time (“Offers”). Such Offers are only valid for the period specified in the Offer. Offers may not be transferred, modified, sold, exchanged, reproduced, or distributed without our express written consent.
PERMITTED USE
(1) Our services are provided to you for informational purposes and for private, non-commercial use only. When using our services, you must comply with these terms and all applicable laws.
(2) Except as expressly permitted by these terms, you may not:
(I) Use our services or products in an unlawful or fraudulent manner (including violating third-party rights) or for purposes of collecting personal information or impersonating other users;
(II) Modify or misuse our copyright, trademark, or other proprietary rights notices, or interfere with the security functions of our services;
(III) Use our services or products in any way to manipulate, distort, or undermine the integrity or accuracy of any content, or take actions that interfere with, damage, or disrupt any part of our services;
(IV) Use our services or products to send, receive, upload/post, or download material that does not comply with our content standards;
(V) Use our services or products to transmit or facilitate the transmission of unsolicited or unauthorized advertising or promotional materials;
(VI) Use our services or products to transmit or upload data that contains viruses, Trojan horses, worms, time bombs, keylogger programs, spyware, adware, or any other harmful programs or computer code intended to negatively impact the operation of any software or hardware;
(VII) Use any robot, spider, or other automatic device, or manual process to monitor/copy our site or any content contained in our services, or use any network monitoring software to determine the architecture of our services or extract usage data;
(VIII) Use our services, any other site, or the content contained in our services for purposes other than those for which they were intended, or copy content from our services, or use network monitoring software to analyze or extract usage data from our services;
(IX) Engage in any conduct that restricts or inhibits another user from using our services or products;
(X) Use our services or products for any commercial purpose or in connection with any commercial activity without our prior written consent.
You agree to cooperate fully with our investigation into any suspected or actual violation of these terms.
INTELLECTUAL PROPERTY RIGHTS
(1) Our services, products, and related content (including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names, trade dress, and interactive features, as well as any derivative works or improvements thereof), and all intellectual property rights therein, are either owned or licensed by us (collectively referred to as "Our Intellectual Property Rights"). Nothing in these terms grants you any rights with respect to our intellectual property rights. Except as expressly set forth herein or as required by mandatory provisions of law governing the use of our services, you do not acquire any right, title, or interest in or to our intellectual property rights. All rights not expressly granted in these terms are reserved.
(2) If the products or services include digital content, such as photographs, illustrations, music, or videos, you are granted the rights specified for such content on the site.
DISCLAIMER OF WARRANTIES FOR THE USE OF THE SITE AND SERVICES
The services, our intellectual property rights, and all information, materials, and content provided in connection therewith and made available to users free of charge are provided "as is" and without any warranties, either express or implied (including, but not limited to, warranties of fitness for a particular purpose, or warranties concerning the security, reliability, timeliness, accuracy, and performance of our services), except in cases of willful non-disclosure of defects. We do not warrant that the free services will be uninterrupted or error-free, or that they will meet your specific requirements. Access to the services and the site may be temporarily suspended or limited for repairs, maintenance, or updates. The warranty for products you purchase from us, as outlined in the "Product Warranty" section above, remains unaffected.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities, and expenses (including, without limitation, reasonable attorneys' fees) arising from or related to your use of the site, services, or products in violation of these terms, including, but not limited to, any use that breaches the restrictions and requirements set forth in the "Acceptable Use" section, unless such circumstances are caused by our negligence.
LIMITATION OF LIABILITY
(1) We shall only be liable for willful misconduct, gross negligence, negligent injury to life, limb, or health, or slightly negligent breach of a material contractual obligation, and only in the case of chargeable services or the sale of products. A “material contractual obligation” refers to an obligation essential for the proper performance of the agreement, upon which you normally rely and may reasonably expect to rely. Our liability for a slightly negligent breach of a material contractual obligation is limited to the amount of customary and foreseeable damages for that type of contract. Our liability under the Product Liability Act or in the event we have explicitly provided a guarantee remains unaffected.
(2) The above provisions apply to both our contractual liability (including liability for futile expenses) and non-contractual liability (including liability in tort), as well as liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They also apply for the benefit of our managing directors, executives, other legal representatives, employees, and vicarious agents.
MODIFICATION OF TERMS AND SERVICES; DISCONTINUANCE
We reserve the right, at our sole discretion, to modify these terms from time to time to reflect changes in the law, the introduction of additional features, or other developments in our business. Therefore, you should periodically review these terms and conditions, especially during the checkout process when purchasing products. The new terms will apply to any new orders placed after the effective date of the changes. If ongoing services you use are affected by changes to the terms and conditions, we will take reasonable account of your legitimate interests and inform you of such changes in advance. The changes will be deemed accepted by you unless you object within two months of receiving notice. We will highlight this in our notification. If you object to the changes, we have the right to terminate the agreement without further obligations to you, with the termination taking effect on the date the changes are implemented.
We may modify, discontinue, or restrict the services, or any features of the services offered, at any time. We also reserve the right to terminate or suspend access to the services, either permanently or temporarily, without cause and without further obligation. To the extent possible under the circumstances, we will provide reasonable advance notice and take your legitimate interests into consideration when making such decisions.
LINKS TO THIRD PARTY WEBSITES
The services may contain links that direct you to external websites. Unless otherwise specified, these linked sites are not under our control, and we are not responsible for their content, any links contained within them, or any changes or updates made to those sites. We are not responsible for any transmissions received from linked sites. Links to third-party websites are provided for informational purposes only. The inclusion of links to other websites does not imply endorsement of their ownership or content.
APPLICABLE LAW
(1) These Terms and Conditions, as well as all contracts concluded on this site, are governed by Swiss law. In the event of disputes, the place of jurisdiction shall be the registered office of Sandro Scherrer Design in Switzerland.
MISCELLANEOUS
(1) A waiver by either party of any breach or default under these Terms and Conditions shall not constitute a waiver of any prior or subsequent breach or default.
(2) The headings used in these Terms and Conditions are for convenience only and shall not have any legal significance.
(3) Unless expressly stated otherwise, if any part of these Terms and Conditions is found to be illegal or unenforceable for any reason, it is agreed that such part shall be removed, and the remaining Terms and Conditions will remain unaffected and in full force and effect.
(4) You may not assign your agreement with us under these Terms, or assign any part of your contractual rights or obligations, without our prior written consent.
(5) These Terms constitute the entire agreement between you and us and supersede all prior written or oral agreements related to the services and sale of products.
(6) The provisions of these Terms that by their nature are intended to survive any such action by us shall survive, including, without limitation, provisions related to indemnification, hold harmless, disclaimers, limitations of liability, and this “Miscellaneous” section.
CONTACT US
To contact us, please send an email to:
Name: Sandro Scherrer
Email: hello@sandroscherrer.com