Terms and Conditions and Consumer Information
Terms of Service
Terms and Conditions and Consumer Information
(The following General Terms and Conditions also contain legal information on the
Consumer protection rights under the rules on distance contracts and electronic commerce)
§ 1 Scope / contract language
(1) The present terms and conditions (GTC) apply to the between you and us, the company
Photography Indermuehle GmbH (Switzerland licensee) owner Switzerland
FTA ID 052.0290.5338
UID : CHE-135.031.846
contracts concluded via this online shop.
(2) The language available for the conclusion of the contract is exclusively German.
§ 2 Applicable Law
Swiss law applies
(a) you have your habitual residence in Switzerland, or EU.
(b) Your habitual residence is in a country that is not a member of the European Union.
If you have your habitual residence in a member state of the European Union, Swiss law also applies, whereby mandatory provisions of the state in which you have your habitual residence remain unaffected.
§ 3 Conclusion of contract
(1) In our online shop we offer services (shooting of the individual iris and the production and delivery of the goods of your choice printed with your individual iris), goods (vouchers) and digital content (data that is not on a physical data carrier, which is in digital form manufactured and provided) which you may order by following the steps detailed below.
(2) The presentation of the services, goods and digital content in our online shop does not constitute a legally binding offer, but rather an invitation to place an order (invitatio ad offerendum).
(3) By clicking the "Buy" button in the last step of the ordering process, you make a binding offer to provide the services, goods and/or digital content displayed in the order overview. Immediately after sending the order, you will receive an order and order confirmation that confirms receipt of the order, the exact scope of the order and acceptance of your contract offer. A contract between you and us is formed as soon as we accept your order with this order and order confirmation. Please check the SPAM folder of your e-mail inbox regularly.
(4) You can select services, goods and/or digital content in our online shop by placing them in a shopping cart by clicking on the corresponding button. If you want to complete the order, go to the shopping cart by clicking on the "shopping cart" symbol, where you will be guided through the rest of the ordering process. After selecting the services, goods and/or digital content by clicking on the corresponding button and retrieving the services, goods and/or digital content in the shopping cart by clicking on the “shopping cart” symbol, clicking the button again opens “ Next step” is a page where you enter all the necessary order and address data. In the next step, by pressing the "Next step" button again, a page opens in which you can select the payment method. By clicking on the "Next step" button again, a page opens in which your order and address data and the essential Item details including the costs incurred are summarized again. Up to this point in time, you can correct your entries or refrain from entering into a contract. Only by subsequently pressing the "Buy" button is a binding offer made within the meaning of paragraph 3.
(5) As described above, we only offer individual Iris printed goods of your choice, so there is no right of return.
§ 4 Correction notice
As part of the ordering process, you first place the desired services, goods and/or digital content in the shopping cart. There you can change the desired number of items at any time or remove the selected services, goods and / or digital content entirely. If you have stored the services, goods and/or digital content there, clicking on the "Next step" button will take you to a page where you can enter your order and address data. If you then click on the button again "Next step" takes you to a page where you can select the payment method. Finally, when you click on den "Next step" button an overview page on which you can check your details. You can correct your input errors (e.g. regarding order and address data, payment method or the desired quantity) by clicking on " in the respective field in the final overview page. Change" or by clicking on the "Back" button provided in the Internet browser used to return to the website on which you made the entry. If you want to cancel the ordering process completely, you can simply close your browser window. Otherwise, after clicking the "Buy" confirmation button, your declaration will become binding within the meaning of Section 3 (3) of these General Terms and Conditions.
§ 5 Storage of the text of the contract
(1) The contractual provisions with information on the services, goods and/or digital content, including these General Terms and Conditions and the cancellation policy, will be sent to you by e-mail with the acceptance of the contract offer or with notification of this. We do not store the contractual provisions.
(2) You can save and print out the order and contract confirmation sent to you by e-mail. You can click on our General Terms and Conditions before, during or immediately after the ordering process and save them using the save function of the Internet browser used and/or print them out using the print function of the Internet browser used.
§ 6 Collection, storage and processing of your personal data
(1) You can order services, goods and / or digital content in our online shop, whereby we need the following data from you to carry out and process an order:
- First and Last Name
- E-mail address
- phone number
- postal address
(2) Without your separate consent, we use the data you provide exclusively for the fulfillment and processing of your order(s), for example for the delivery of goods to the address you have provided. When paying by bank transfer, we also use your bank details to process the payment. Any further use of your personal data for the purposes of advertising, market research or for the needs-based design of our offers requires your express consent. You have the option of giving this consent before placing your order. This declaration of consent is entirely voluntary and you can revoke it at any time.
(3) In the case of an order and a communication of your data required in this regard, we only store your data within the scope of our tax and commercial obligations.
§ 7 Terms of Payment
Payment for the services, goods and/or digital content is made by credit card (we use the "SSL." transmission method to encrypt your personal data), by bank transfer or via our payment service provider. Our bank details are: Irispicture -Tobias Indermühle / Fotografie Indermuehle GmbH
CH38 0900 0000 1555 9192 4
§ 8 Prices
The prices we quote are final prices including taxes.
§ 9 Retention of title
If the delivered goods are not a voucher or vouchers, the delivered goods remain our property until full payment. If you are more than 10 days in arrears with payment, we have the right to withdraw from the contract and reclaim the goods.
§ 10 Terms of Delivery / Shipping Costs
(1) We deliver the goods up to a weight of 4 kg with DHL and from a weight of 4 kg with Hermes to CH then Swiss Post
(2) The goods will be delivered to the delivery address you specified.
(3) The goods are delivered after the online print approval.
- to delivery addressees in Germany approx. 14-40 working days
- to delivery addressees in the remaining EU countries approx. 21-55 working days
- to all other delivery addresses approx. 21-65 working days
after the shooting date you perceived and carried out by us.
(4) Any shipping costs incurred will be borne by us.
§ 11 Functionality and size of digital content
We provide you with the digital content via e-mail as JPG and TIF files, which you can open and save with conventional image viewing programs / image editing programs such as Apple Preview, Microsoft Windows Preview, Google Picasa, XnView, IrfanView, Adobe Photoshop . The JPG files have a maximum file size of 10 MB, the TIF files a maximum file size of 100 MB.
§ 12 Warranty
(1) The statutory warranty rights apply.
(2) If the delivered goods are not a voucher or vouchers, you as a consumer will be asked
n to check the delivered goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the forwarding agent of any complaints as quickly as possible. If you do not comply, this has no effect on your statutory warranty claims.
Section 13 Limitation of Liability
(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you as a customer can regularly rely. In the latter case, however, we are only liable for the foreseeable, contract-typical damage. We are not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences. The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
(2) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system.
§ 14 data protection
§ 15 Final Provisions
(1) The terms and conditions written here are complete and final. Changes and additions to these terms and conditions should be made in writing in order to avoid ambiguities or disputes between the parties about the agreed content of the contract.
(2) If you had your domicile or habitual residence in Switzerland when the contract was concluded and either relocated from Germany at the time we filed a lawsuit or your domicile or habitual residence is unknown at this time, the place of jurisdiction for all disputes is our registered office company in Basel
Our e-mail address is firstname.lastname@example.org
(4) Should individual provisions of this contract be ineffective, this shall not affect the rest of the contract.
In the event that you return the delivered goods to us, we ask you to use the original packaging, if still available.
Vouchers are valid for 1 year, not all locations are occupied the whole year and the locations can change. However, the vouchers can be redeemed at another location. This is not a money refund reason. Since it is a technical invention with time-limited software and technology, the period of validity is to be regarded as a flexible date. The appointment time window is valid for 1 year after payment, if the appointment time window is not observed during the opening hours, he forfeits his right to purchase the corresponding product and the voucher expires without compensation.
Purchase on account/payment in advance, the amount for the voucher must be paid within 14 days. The same right of withdrawal counts as for direct payment.
There are commercially available self-adhesive brackets for hanging up the glass picture. /It is important to note the weight. / To be on the safe side, it is advisable to mount metal brackets from below, just to be on the safe side, and to check the adhesive points from time to time when dusting off the picture.
Our way of working:
The size of the iris is proportional to the original. No color changes are made during image processing. The original photo is photographed with neutral light. After printing, the iris may vary in color compared to the original. Each iris is different in color structure, color intensity and sharpness. An iris has 13 million pigments. Our shop specializes in bringing out the individual pigments and structures that are not visible when looking at the iris or in the mirror. We neither change the color structure nor are deviating colors filtered.
Because the cornea is in front of the iris, as is the chamber of the eye, the iris may not always be equally sharp or detailed.
The iris becomes slightly sharper without contact lenses.
Colors from near and far: If individual color pigments of the iris are close to each other, e.g. yellow + cyan, this results in green from far away and e.g. magenta + yellow = orange. Therefore do not accept any complaints in terms of iris sharpness as well as colors. The work process from the recording to the finished product is the same for all customers; only the eyes of the customers vary.
The customer receives a proof to print and can specify change requests if this is feasible. If the good is not released for printing, it can still be printed after 10 days. We reject any detentioning from after the print approval for no attribution or incorrect layout.
The photos are taken with a full format (26 MB) camera in the macro range at a self-service machine.
The digital data are not included in the price and the names are charged separately.
If there are business closures as well as suppliers closing or quarantine, we will not be liable for delivery delays or date postponements (no money back)
Updated on 08/30/2021
Right of withdrawal
As a consumer, you are entitled to a right of withdrawal in accordance with the instructions on withdrawal listed below. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 2 days without giving any reason.
In the event of a cancellation, a fee of 30 CHF will be charged and will only be transferred directly to a bank account.
The cancellation period is
- in the case of a service agreement or an agreement for the delivery of digital content that is not delivered on a physical medium, fourteen days from the date of conclusion of the agreement.
- in the case of a purchase contract, fourteen days from the day on which you or a third party designated by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Irispicture.ch Fotografie Indermuehle GmbH licensee/CH e-mail: email@example.com) of your decision by means of a clear statement (e.g. a letter sent by post or e-mail). to revoke this contract. You can use the attached sample cancellation form for this, but it is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
CONSEQUENCES OF REVOCATION
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. In the case of sales contracts, we can refuse repayment until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is the earlier. Due to the high order process, there is a Delay in processing cancellations. This can take up to 45 days.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If, in the case of a contract for the provision of services, you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount, which corresponds to the proportion of the up to the point in time at which you informed us of the exercise of the right of cancellation of this contract corresponds to the services already provided compared to the total scope of the services provided for in the contract.
EXCLUSION OF WITHDRAWAL
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs.
TERMINATION OF REVOCATION
The right of revocation expires in the case of a contract for the provision of services if we provide the service in full and have only started to perform the service after you have given your express consent and at the same time have confirmed your knowledge that you I
You will lose your right of withdrawal if we have completely fulfilled the contract.
The right of withdrawal expires in the case of a contract for the delivery of digital content that is not on a physical data carrier if we start executing the contract after you
1. have expressly consented to us starting to perform the contract before the cancellation period has expired,
2. You have confirmed that you are aware that by agreeing to this you will lose your right of cancellation once the contract has started to be executed.
(Starts with booking an appointment)
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back.)
- To the company Irispicture.ch: Fotografie Indermuehle GmbH/ Tobias Indermühle Licensee/CH E-Mail: firstname.lastname@example.org
- I / we () hereby revoke the contract concluded by me / us () for the purchase of the following goods () / the provision of the following service ()
- Ordered on () / received on ()
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is made on paper)
(*) Delete where not applicable
Swiss law counts
Updated on 08/30/2021