General Terms and Conditions of Pro Ciné Colorlabor AG  

These terms and conditions are applicable for any order placed with us, be it via our software or by sending us your digital data, data carriers, films, cameras, pictures, etc. The assignment of the order to our company means that you accept these terms of sale and delivery.  
Prices, products or services as well as these terms and conditions are subject to changes at any time without giving prior notice to customers. However, the latest version will always be available on our website and in the order software.

Order processing
We carry out your orders with the utmost care and according the latest state of the art.
Online orders are automatically processed and can neither be changed, deleted or combined with other orders.
We will send order confirmations via e-mail. If such confirmation is not received by the customer or is not received immediately (possibly in the spam folder), and, hence, the customer orders more than wanted, we can not credit such multiple orders.
If we have to meet a model picture or repeat an old order, we shall provide the best, but cannot guarantee a total equality of the colours and appearance, since this is outside the technical possibilities.
Where the sheet size is the basis of the price calculation, the next larger format is calculated for intermediate formats.
If a proof (“good for production“) has been requested by the customer and the order is cancelled later, we charge a compensation fee of CHF 50.00 per photo books or CHF 20.00 for other articles.

Should any loss, damage or deficiency of any kind of data, data carrier, film, etc. occur, our liability is limited to the replacement of the raw material or its equivalent, provided that a fault from our side is proven. Any further claims of any kind, in particular the compensation of immaterial values, travel expenses, a.s.o are excluded.  Complaints can only be accepted if our execution was incorrect. Colours, brightness or contrasts differing from one's own ideas are unavoidable and do not constitute a manufacturing defect. Depending on storage and light conditions, colours may change in the course of time; this is no entitlement for a substitute claim.
Complaints can only be considered within 10 days after delivery. Any complained material must be returned to us. In case needed, we may remake the work. A withdrawal from the contract by the customer is excluded.
The customer has full responsibility for originals, photo agency's pictures and other kind of valuable material given to us. We assume that the purchaser is always entitled to the copyrights and / or reproduction rights. We reject any liability that may result from the violation of such rights.
The goods travel at the risk of the customer. It is up to the customer to conclude an insurance protection against fire, theft, damage and loss for the photographic work we ship.

We reserve the right to undertake partial deliveries.
As a standard, we ship by Swiss Post Priority A-postage, but cannot guarantee the arrival of the goods. The cost for postage and packaging are charged to the client.

Goods are priced in Swiss Francs incl. VAT. Our standard payment terms are 10 days net after receipt of the goods against invoice. Depending on the customers payment record, the invoice total or the nature of the order, we have the right to request prepayment or to withhold the customer’s goods until receipt of payment.
In the case of work for a third person, which we have received from an intermediary, the intermediary will be responsible for the settlement of the invoice.
We charge a minimum of CHF 10.00 per online order.
Dunning and collection fees for overdue invoices will be charged to the customer.

There is no guarantee for a permanent function of the website or a trouble-free order software. Also, we cannot stand for a 100% data transfer security, although we apply the highest available security standard (encrypted websites and order software).
We guarantee that neither image material nor other personal data will be passed on to third parties. This secrecy is part of the employment contract, which our entire staff has agreed to in writing.

Applicable law   
In addition to the above, the rules and regulations according the Swiss Code of Obligations are applicable. The court of jurisdiction is Horgen, Kt. Zürich.

Wädenswil, September 2017