Terms & Conditions
1. scope of application
The General Terms and Conditions (hereinafter referred to as “GTC”) apply to all legal transactions concluded with FotoStrobo Schmid via the web shop fotostrobo.ch. FotoStrobo Schmid reserves the right to change our Terms and Conditions at all times. The version of these GTC applicable at the time of the order shall apply, which cannot be unilaterally amended.
2. conclusion of contract
The contract between the customer and FotoStrobo Schmid is concluded by the customer’s order and its acceptance by FotoStrobo Schmid. The customer’s order shall be processed via the web shop (fotostrobo.ch). By and accepting the terms and conditions when placing an order, the customer accepts the GTC. FotoStrobo Schmid accepts the order by sending the customer an order confirmation (by e-mail).
3. product offer
The offer is valid as long as the product can be found in the web shop and/or stocks last. Design changes as well as errors in description, illustration, pricing and stock are reserved.
4. terms of payment
There is no minimum order quantity but a 7CHF minimum order surcharge for orders below 50CHF. All prices are in Swiss francs (CHF) including VAT, but excluding packaging and shipping. Advance payment is mandatory for all customers.
5. shipping terms and costs
The benefit and risk shall pass to the customer when the products are handed over to the transport company. The shipping and packaging costs are displayed in the ordering process before payment.
Partial deliveries will only be made at the express request of the customer and against payment of the additional shipping costs. FotoStrobo Schmid reserves the right to charge an appropriate surcharge for large or heavy consignments after consultation with the customer.
Products can also be picked up directly with us for free. In order to do so, the customer must select local Pickup during the ordering process.
6. obligation to inspect
The customer must immediately check delivered or collected products for correctness, completeness and delivery damage. Delivery damage, incorrect and incomplete deliveries must be reported to FotoStrobo Schmid within 5 calendar days from the time of collection or delivery. The customer may not put such a product into operation. They must keep it as received in the original packaging and follow the process for warranty (see below).
7. warranty for defects
The applicable warranty provisions by law are excluded in their entirety.Wearing parts such as batteries, rechargeable batteries, power cables, adapters or similar are excluded from the warranty. Furthermore, self-inflicted defects and deficiencies as well as function-irrelevant defects are excluded from warranty. Defects or conditions already described or shown in the pictures at the time of purchase are also excluded from warranty. Products will be replaced or repaired free of charge if the defect is reported in writing by the customer within 14 working days after receipt of the goods. The delivered goods must be returned not further damaged, complete and in the original packaging if there is one. The customer shall bear the costs of the return shipment.
If the repair or replacement is not possible (e.g. in the case of second hand cameras), FotoStrobo Schmid will refund the customer the full purchase price.
Extended warranties are only available for certain cameras; this is indicated in each camera’s product description.
8. liability
As far as the legal regulations allow, liability for damages is excluded.
FotoStrobo Schmid shall in no event be liable for slight negligence, indirect and consequential damages and loss of profit, unrealized savings, damages resulting from delay in delivery and any acts and omissions of auxiliary persons of FotoStrobo Schmid or a retailer, whether contractual or non-contractual.
Furthermore, FotoStrobo Schmid shall not be liable for damage attributable to any of the following causes: improper storage, adjustment or use of the products in breach of contract or contrary to the contract; use of incompatible replacement parts or accessories; failure to maintain and/or improper modification or repair of the products by the customer or a third party; force majeure and official orders.
9. right of return for undamaged products
The customer has the right to cancel the contract without giving reasons within a period of 5 working days from the time of collection or delivery and to return the goods. The delivered goods must be returned undamaged, complete and in the original packaging. The customer shall bear the costs of the return shipment. A handling fee of 20% of the value of the goods (but at least CHF 40.00 per order) will be charged for returns. FotoStrobo Schmid will refund the customer the full purchase price minus the handling fee and any applicable minimum surcharge (see 4. terms of payment).
Second hand products are excluded from the right of return.
10. intellectual property
FotoStrobo Schmid reserves all rights to every design, text and graphic on its website. Copying or any other reproduction of the entire website or parts thereof is only permitted for the purpose of placing an order with FotoStrobo. FotoStrobo Schmid reserves all rights of ownership and copyright in all illustrations, drawings and other documents. The customer must obtain the express written consent of FotoStrobo Schmid before passing them on to third parties.
11. privacy
FotoStrobo Schmid ensures that the collection, processing and use of personal data comply with the provisions of the Swiss Data Protection Act and the relevant legal norms. The customer has the right to inspect the data stored about him/her at any time upon request.
12. jurisdiction and applicable law
These GTC and the contracts between FotoStrobo Schmid and all customers are subject to Swiss law. The place of jurisdiction is Bern.
