TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

1. general / contractual performance

The General Terms and Conditions (GTCs) apply to all products, services and deliveries purchased through www.marcialgamma.com ("we" / "us"). By submitting an order, you (the "customer") expressly agree to these GTCs.

Individual ancillary agreements are only valid if a written confirmation has been received from www.marcialgamma.com.

2nd contract

A contract of sale is concluded when the customer has received an automated order confirmation from www.marcialgamma.com by e-mail. With this e-mail confirmation the sales contract is concluded and changes as well as cancellations can no longer be accepted at this point.

The customer must be at least 18 years of age to place orders through the website. www.marcialgamma.com does not accept credit purchases for persons under 18 years of age. We reserve the right to refuse a customer's order (for demonstrable reasons).

We only accept orders and delivery addresses within Switzerland and the Principality of Lichtenstein, as well as surrounding countries (Germany, Austria, France, Italy).

The author of the photographs offered on www.marcialgamma.com is the photographer Marcial Gamma. By purchasing a product with contents of the photographs made available on www.marcialgamma.com, the customer acquires exclusively the real property of the product. Rights of use for reproduction of any kind, distribution, processing as well as for making available to the public are not included and are absolutely prohibited.

4 Offer & Products

The prices in our offers and order confirmations are in CHF (Swiss Francs) and are binding. Prices include payment and shipping charges as well as VAT. www.marcialgamma.com is subject to VAT. www.marcialgamma.com always endeavours to provide correct product information. Minor technical deviations (in particular image trimming and colourfulness of the printout) of the delivered product are permissible and do not constitute a defect, provided that they are within the customary range and the contractual purpose is not significantly restricted. The product images may differ from the actual product, depending on which screen is used and which colour settings are stored. They have a purely informative character. Nevertheless, we endeavour to depict our products as realistically as possible. In particular, no liability can be accepted for the accuracy, completeness and up-to-dateness of the information. www.marcialgamma.com reserves the right to change prices and product ranges at any time.

5 Delivery & delivery times

Information on delivery times is not binding. www.marcialgamma.com always endeavours to adhere to the delivery times stated when the contract is concluded. The product is produced upon conclusion of the contract. As far as no other written agreements have been made, the delivery is usually ex works from www.marcialgamma.com. If, in exceptional cases, we are unable to meet the agreed deadlines or if the product is no longer available, we will contact the customer by e-mail or telephone and the customer will be refunded.

The goods are shipped by Swiss Post (abroad by DHL). The goods must be checked for correctness, completeness and intactness immediately upon arrival. Transport damage must be reported and documented immediately, at the latest after five calendar days. www.marcialgamma.com endeavours to produce and deliver all ordered products as quickly as possible. The delivery period is normally 10-14 working days. We are entitled to make partial deliveries. Subsequent shipments will be delivered postage paid. As mentioned in Art. 1, deliveries are limited to delivery addresses within Switzerland and the Principality of Liechtenstein. We also deliver to the surrounding countries (Germany, Austria, France, Italy). The delivery time abroad is normally 20-30 working days.

In the event of delivery disruptions which are not culpably caused by www.marcialgamma.com and which cannot be influenced by www.marcialgamma.com, we reserve the right to withdraw from the contract, provided that the impediment to performance is not of a temporary nature, without incurring an obligation to pay damages. This applies in particular in the event of force majeure. We shall not be in default of delivery for the period of the impediment. Already paid services will be refunded in case of a withdrawal.

As long as you are in default of payment, we shall cease all services towards you. Payments will be applied in chronological order to outstanding debts, interest and outstanding costs.

6. terms of payment

Shipment will only take place after successful verification of credit card or PayPal details. Payments can be made by credit card or PayPal.

All prices are retail prices that include packaging and shipping.

Additional shipping costs resulting from the provision of incorrect delivery addresses or address data will be charged to the customer if the customer is responsible for the incorrect information.

7. ownership

The goods remain the property of www.marcialgamma.com until full and final payment and delivery.

8. loyalty programmes / vouchers

Vouchers are only valid in the specified period and can only be redeemed once within the framework of an online order process. The voucher cannot be paid out in cash. www.marcialgamma.com reserves the right to adjust loyalty programmes or withdraw them at any time.

9. return

The right of withdrawal and return is excluded if the products are manufactured according to the specifications of the customer and are tailored to his personal needs (all products are manufactured "on-demand" / to order at www.marcialgamma.com). For this reason, all photo products produced by www.marcialgamma.com are excluded from the right of return.

10. links

www.marcialgamma.com may provide links to other websites over which we have no control and companies over which www.marcialgamma.com has no control may provide links to the website. The customer should exercise caution and read the terms and conditions of the relevant website.

11 Liability

To the fullest extent permitted by law, www.marcialgamma.com excludes all liability for the products sold and delivered.

12. final provisions

All legal relationships are subject to Swiss law. www.marcialgamma.com reserves the right to change these general terms and conditions at any time. The respective binding version of the General Terms and Conditions can be viewed and printed out at www.marcialgamma.com. The place of jurisdiction is the registered office of www.marcialgamma.com. The language available for the conclusion of the contract is German.

These terms and conditions were established by www.marcialgamma.com on 24.07.2022.