Legal notice

 

🏛 Company:      Fotoalsgemälde.ch, operated by Fototilmaleri.dk (CVR: 35805036, Danish commercial register)
👤 Managing director:     Daniel Skovbakke (hallo@fotoalsgemaelde.ch)
📍 Address:             Grønnegade 49, 8000 Aarhus C, Denmark
📞 Contact:             +45 26 44 38 44 | hallo@fotoalsgemaelde.ch
🗄 Auditor:              Price Waterhouse Coopers, PWC
⚖️ Lawyer:            Kromann Reumert Advokatfirma
🏦 Bank:                  Danske Bank, Reg: 3409 Account: 12760140

Scope
This agreement applies between Fotoalsgemälde.ch and your customers.

Definitions
Personalised products are products made from an image and/or the customer's preferences (such as a painting made to order).

Order confirmation
Once you have completed your order, you will receive an order confirmation by email. It is also sent together with the finished painting, unless the painting is a gift. 

Production and delivery
The expected delivery time is 2-3 weeks. Your personal painting is made by our painters and then forwarded to Fotoalsgemälde.ch for framing and quality control. Your order is then sent directly to your preferred delivery address. We deliver by insured, trackable parcel delivery (DHL/UPS) right to your door. This way you can easily follow your order using the carrier's tracking system. Your order is professionally packed and quality-checked by Kunstbestilling.dk.

Payment terms
Payment can be made with Visa, Mastercard, American Express, Apple Pay, Google Pay or PayPal. As a rule, you secure your payment when you place the order. All prices are in CHF and include 8.1 % VAT.

Shipping
Fotoalsgemälde.ch offers free shipping throughout Switzerland; delivery takes 2-4 working days from dispatch and is trackable. Your painting is delivered duty paid (DDP), with customs and VAT already settled - no extra charges on delivery. Fotoalsgemälde.ch cannot be held liable for any delays to shipments, as all shipments are handled by a third party. Fotoalsgemälde.ch uses subcontractors for shipping, and once the order has been handed over to the carrier, the only information Fotoalsgemälde.ch has is what can be found on the carrier's website. The tracking number needed to obtain this information is linked to your order when the parcel is dispatched. All purchases from Fotoalsgemälde.ch include a shipping contract. Fotoalsgemälde.ch is not liable for delays that fall within the recipient's responsibility, for example if the recipient cannot accept the delivery, if the recipient has given Fotoalsgemälde.ch incorrect delivery details, or is unable or unwilling to cooperate with the carrier. While the order is in the carrier's hands, the carrier is responsible for it.

Returns
As Fotoalsgemälde.ch sells goods made to the customer's specifications, there is no statutory right of withdrawal under Swiss law (Code of Obligations, OR) - our 30-day satisfaction guarantee applies instead. This concerns the purchase of Fotoalsgemälde.ch's personalised product, a product made from a personal image. 

Notwithstanding the above, you have a full right of exchange if a personalised product does not match what you expected, provided this is done within a reasonable time. When buying a personalised product, you should expect that it cannot be compared 1:1 with the image that was sent in and painted from. By its very nature, this cannot be regarded as a right of withdrawal.

Warranty
Fotoalsgemälde.ch provides a 2-year warranty under Art. 210 CO, covering manufacturing and material defects found during normal use of the goods.  

The warranty does not cover faults, damage or wear arising directly or indirectly from incorrect use, poor maintenance, force or unauthorised interference. Complaints about faults and defects that should have been discovered through normal inspection of the goods must be notified to Fotoalsgemälde.ch within a reasonable time. The goods may then be returned for repair and/or exchange.

Ombudsman
In the event of a dispute, please contact the Swiss consumer ombudsman (Ombudsstelle Konsumentenschutz, konsumentenschutz.ch); the place of jurisdiction is Aarhus, Denmark, where legally permissible. We consistently comply with the Swiss Code of Obligations (OR) and with our voluntary consumer protection commitments, such as the 30-day satisfaction guarantee. 

Force majeure
In the event of war, natural disasters, labour disputes, orders from public authorities, faulty deliveries from suppliers, or extraordinary circumstances over which Fotoalsgemälde.ch has no influence and which affect the contract between Fotoalsgemälde.ch and its customers, Fotoalsgemälde.ch is not responsible for meeting the terms set out above.

Disputes
A purchase from Fotoalsgemälde.ch is governed by Swiss law. All disputes with companies under the umbrella of Fotoalsgemälde.ch, its employees, managers or owners, individually or collectively, shall - where legally permissible - be settled at the place of jurisdiction Aarhus, Denmark.

Disclaimer
How a product from Fotoalsgemälde.ch is used is the responsibility of the user of the product, and how it is kept is the responsibility of the owner of the product. No company under the umbrella of Fotoalsgemälde.ch, its employees, managers or owners, individually or collectively, can - where legally permissible - be held liable for any accident, damage, suffering or anything else that anyone or anything may have caused, directly or indirectly, with a product from Fotoalsgemälde.ch.

Cookie provisions
Fotoalsgemälde.ch uses cookies to give you the best possible experience of our website. If you choose to continue shopping, we assume that you accept cookies.

Cookies are small files stored on the user's hard drive that track and store information about the user's interactions with and use of the website. This allows the website, via the server, to provide a tailored experience within the website.

Customers are advised that if they wish to refuse the use and storage of cookies from this website on their hard drive, they must take the necessary steps in their web browser's security settings to block all cookies from this website and its external companies.

This website uses tracking software to monitor its visitors in order to understand how visitors use the website. This software is provided by Google Analytics, which uses cookies to monitor usage. The software stores a cookie on your computer's hard drive to track and monitor your use of the website, but does not store or collect personal information. You can read Google's privacy policy here for further information: http://www.google.com/privacy.html.

Other cookies may be stored on your computer's hard drive by external providers when the website uses referral programmes, sponsored links or advertising. Such cookies are used for conversion and referral tracking and typically expire after 30 days, although sometimes later. No personal information is collected or stored.

Personal data
As a customer, you can request access to the data we hold about you, and you can object to its processing in accordance with the relevant rules of the DSG (Swiss Federal Act on Data Protection) and the GDPR. Enquiries should be addressed to Fotoalsgemälde.ch, where the data controller is Daniel Skovbakke (hallo@fotoalsgemaelde.ch). The competent supervisory authority in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC / EDÖB).

Complaints 
If you wish to complain about your purchase, please first contact Fotoalsgemälde.ch by telephone on +45 26 44 38 44. If we are unable to find a satisfactory solution with you, you may, provided the conditions are met, contact the consumer ombudsman.

Ombudsstelle Konsumentenschutz
konsumentenschutz.ch