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CEWE Photo Service 

Terms and Conditions 

Language notice: 
This English version is provided for convenience and information purposes only. In the event of any discrepancy, inconsistency or conflict between the German version and this English version, the German version shall prevail. 

1. Scope 
The following Terms and Conditions, in the version applicable at the time the order is placed, shall apply exclusively to the business relationship between CEWE AG (hereinafter referred to as the “Company”) and the customer placing the order (hereinafter referred to as the “Customer”). Any deviations from these Terms and Conditions shall only be valid if agreed in writing. 

2. Formation of the Contract 
The Customer commissions the Company to produce photographs and/or articles featuring photographs (hereinafter referred to as the “Goods”) and/or to provide services in connection with photographs or videos. The contract is formed either: 
• as soon as the order placed by the Customer via the internet has been confirmed by the Company by email; or 
• upon receipt of the order sent by post at the address specified by the retail partner. 
The Company reserves the right to reject orders without stating any reasons. The Customer may not cancel or amend an order once it has been placed. 
The Company shall be entitled to engage companies within the CEWE Group and third-party companies as subcontractors for the performance of the order. 

3. Delivery and Dispatch 
The Customer shall provide the data materials via the ordering software, the online order page, an app or in any other manner specified on the Company’s website (the “Website”), to the address of the Company or a CEWE Group company stated there. Data materials are generally submitted electronically. Delivery by post shall only be permitted where this option is expressly stated. 
Delivery or collection of the Goods shall take place in accordance with the provisions specified on the online order page, in the ordering software or, where applicable, in an app. The Company shall in all cases be entitled to make partial deliveries. 
Delivery dates are always indicative only. In the event of delays in delivery, the Customer shall have no claims against the Company, including no right to withdraw from the contract, unless the delay was caused intentionally or through gross negligence by the Company. Where collection has been agreed, the Customer shall collect the Goods promptly after completion from the branch selected by the Customer. The Company shall only be obliged to retain the Goods for a period of three months after sending the collection reminder. 
To avoid the loss of valuable originals intended for reproduction, valuable data storage media or other valuable items or data, such materials shall be sent exclusively by courier or registered mail to the address stated on the Website. The completed order shall be returned by the same method. 

4. Duty to Inspect, Complaints and Claims for Defects 
For technical reasons, data submitted by the Customer are automatically converted before the order is processed, including scaling to the desired print format and adjustment of the file type. In addition, submitted data are processed, in particular with regard to image resolution and colours, in order to achieve an optimal print result, unless the Customer disables this optimisation during the ordering process. 
The Customer shall inspect the Goods immediately upon receipt and notify the Company of any defects within 14 days of receiving the Goods. Defects which could not have been identified within this period even with reasonable care shall be reported by the Customer immediately upon their discovery. 
Only technical defects shall be deemed to constitute defects. The Goods shall be deemed free from defects if they correspond to the technically correct reproduction of the data created by the Customer. 
Differences between the display on the Customer’s devices and the Goods produced shall not constitute defects. Furthermore, defects shall not include errors resulting from image enlargement requested by the Customer, wear and tear, incorrect storage or handling of the Goods, failure to follow instructions and user manuals, modifications to the Goods made by the Customer or third parties, the use of third-party accessories, the expiry of a best-before date or the usual shelf life, or unclear, inaccurate, unsuitable or defective information provided when placing the order. Any deviation between a repeat order and the original delivery shall likewise not constitute a defect. 
Defects must be reported in writing or by email to the address stated on the Website, specifying the defects. If the Goods are not inspected, or are inspected late, or if notice of defects is not provided, is provided late or is insufficient, the Goods shall be deemed approved by the Customer. 
In the event of justified complaints, the Customer shall initially only be entitled to a replacement delivery, i.e. the delivery of Goods free from defects. If a replacement delivery is not possible, is again defective or is not made within 30 days of receipt of the notice of defects, the Customer shall be entitled to a reduction in price or to withdraw from the contract. Claims for damages and any other claims are excluded, subject to Section 7. 
If the Customer withdraws from the contract, the Customer shall be obliged to return the Goods in full. The Company shall bear the shipping costs. 

5. Prices 
The production and delivery of the Goods and the provision of services shall be carried out at the prices valid at the time the contract is formed and stated on the day the order is placed. The price consists of the order value and shipping costs, including all taxes and other price components. 
All prices are stated in Swiss francs. 

6. Payment 
When placing the online order, the Customer shall indicate whether payment is to be made by means of an online payment method or by invoice, where the Goods are delivered to the Customer’s home address. 
When using an online payment method, the Customer authorises payment by entering bank details, credit card details or access details for a payment service provider, as applicable. The Company reserves the right to maintain the payment authorisation or reservation until the product has been completed, for a maximum period of 28 days. 
In the case of payment by invoice, the invoice amount shall be due upon delivery of the invoice without any deductions, for example bank charges.  The invoice shall be issued as a QR-bill and sent to the Customer without paper in the form of a PDF attachment by email. Payments shall be deemed made as soon as the Company is able to freely dispose of the amount. The Customer shall be in default without reminder upon expiry of 30 days after delivery of the Goods. Default interest of 5% per annum shall be charged. The right to claim further damages caused by default remains reserved. 
The Company reserves the right to transfer claims in default to the debt collection service provider Intrum for debt collection on its behalf or to sell the claim to Intrum. 
The fees incurred shall be invoiced by Intrum to the Customer responsible for the damage caused by default. An overview of the applicable fees can be viewed at www.fairpay.ch. 

If the Customer is in default in respect of even part of an amount due, the Company shall be entitled to suspend its services and to make further deliveries only against advance payment or cash on delivery. Payments made in advance or by cash on delivery shall be credited against the oldest claims arising from the business relationship. 
If, in the case of payment by direct debit, the amount cannot be debited due to insufficient funds or incorrect information provided by the Customer, the Customer shall reimburse the bank processing fees incurred as a result of the chargeback. 
For logistical reasons, the Company reserves the right to send the invoice document in electronic form. In this case, the invoice shall be sent by email and free of charge. 

7. Liability; Customer Warranty 
The Company shall only be liable for damage caused intentionally or through gross negligence. The Company’s liability for slight negligence is excluded. This limitation of liability shall apply to all claims for damages by the Customer, irrespective of their legal basis. Any further exclusions of liability contained in other provisions agreed between the Company and the Customer remain reserved. 
The Customer guarantees that the data submitted to the Company do not transmit viruses or other malware and do not have any characteristics that may cause operational disruptions or other damage to the Company or its subcontractors. In the event of a breach of this warranty, the Customer shall be fully liable to the Company and its subcontractors for any resulting damage. 
Any liability for valuable materials pursuant to Section 3, paragraph 4 is excluded. It is the Customer’s responsibility to take out transport insurance for such materials. 
Neither the Company nor the companies within the CEWE Group shall be liable for cameras, memory cards or other devices sent to them without their express consent. 

8. Data Protection and Data Backup 
All data processing shall take place in accordance with applicable data protection law. 
The Customer agrees that personal data relating to the Customer may be processed and stored on data storage media. The Customer expressly consents to the collection, processing and use of their personal data by the Company. The Customer further agrees that their data may be transferred to other companies within the CEWE Group and, where applicable, to subcontractors in Switzerland or abroad for processing. 
The Company and its appointed service providers shall be entitled to have data processed in countries whose legislation does not ensure an adequate level of data protection. The Customer expressly consents to the Company and its service providers being entitled to determine, at their due discretion, the transfer and processing of data in Switzerland and abroad. 
Such data may also be processed by the Company, companies within the CEWE Group and other CEWE partners in Switzerland or abroad for product-related surveys and marketing purposes, including electronic marketing. The Customer shall have the right at any time to object, with effect for the future, to the further use of their data for marketing purposes by the CEWE Group or another CEWE partner (“opt out”). 
The Company has entered into agreements with CEWE Stiftung & Co. KGaA in Oldenburg which impose on that company the same obligations regarding the processing of personal data as those applicable to the Company itself. Should other subcontractors be engaged for the processing of personal data, the Company shall enter into corresponding agreements with them. 
The Customer shall have the right to withdraw their consent at any time with effect for the future. At the Customer’s request, their personal data shall be deleted, provided that the Company, a company within the CEWE Group or a third party pursuant to paragraph 4 above does not have an overriding interest in continued processing, in particular in the case of order processes that have not yet been fully completed. 
When placing the order, the Company requires the Customer to ensure that their data are backed up beyond the time at which the Goods are delivered to them. The Company and its subcontractors shall not back up the data submitted by the Customer. The data submitted by the Customer shall be irrevocably deleted after the order has been completed and after a period of six weeks, for example for the purpose of repeat orders. This shall not apply to data archived by the Company at the Customer’s request and at the Customer’s expense. 
Further provisions relating to data protection and data backup are set out in the separate Privacy Policy. 

9. Third-Party Rights and Legal Provisions 
The Customer shall be solely responsible for the content of the data transferred. By placing the order, the Customer assures the Company that the Customer holds all necessary rights, in particular copyright and trademark rights, and has obtained all necessary consents for the works and services transferred to the Company. The Customer shall bear sole responsibility for all consequences arising from any infringement of third-party rights. The Customer further undertakes to indemnify the Company against all legal actions, claims for damages and other claims asserted against the Company in connection with an infringement of third-party rights. 
By placing the order, the Customer further assures the Company that the content of the data transferred does not violate any legal provisions, in particular provisions relating to pornography. 
Should the Company become aware of any violations of criminal law provisions, it shall be entitled to immediately involve the law enforcement authorities. The Company shall not process unlawful data and shall delete such data without further notice to the Customer. 

10. Severability Clause 
Should individual provisions of these Terms and Conditions or of a contract referring to them be invalid or unenforceable, this shall not affect the validity of the remaining provisions of these Terms and Conditions or of the contract supplemented by them. In such case, the invalid provision shall be replaced by a provision which best reflects the meaning and purpose of these Terms and Conditions and of the contract supplemented by them. 

11. Place of Performance, Jurisdiction and Applicable Law 
The place of performance for all obligations arising from the contractual relationship shall be the registered office of the Company at Hochbordstrasse 9, 8600 Dübendorf, Switzerland. 
Any disputes arising out of or in connection with these Terms and Conditions or contracts referring to them shall be governed exclusively by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules. 
Subject to mandatory statutory provisions, the courts at the registered office of the Company shall have exclusive jurisdiction.