General Terms and Conditions
of The Fine Art Gallery GmbH

01. Contractual Terms

These General Terms and Conditions (GTC) govern the relationship between the clients (hereinafter referred to as “Client”) and The Fine Art Gallery GmbH, Grundacherweg 2, 6060 Sarnen (hereinafter referred to as “Contractor”). The Client and the Contractor are jointly referred to as “the Parties”.
These GTC are deemed accepted upon the Client’s acceptance of an offer. The Client’s general terms and conditions are excluded. Any agreements deviating from these GTC shall only be effective if agreed upon in writing between the Parties.

02. Offer

Unless expressly agreed otherwise in an offer, the Contractor shall be bound by the offer for 30 days from the date of issue.
Unless otherwise specified, the price calculations in the offers are based on complete documents and data suitable for processing. Offers made on the basis of inaccurate or not yet available documents are generally considered indicative price offers.

03. Services

The Contractor provides agency services in the areas of design, photo & video, image, web, media asset management, fine art, print, and AI.
Unless expressly agreed otherwise in the offer or order confirmation, the Contractor shall provide its services in accordance with Art. 394 et seq. of the Swiss Code of Obligations (CO). A specific outcome is not owed.
Unless the Client explicitly issues contrary instructions, the Contractor is entitled to use generative artificial intelligence (AI) for the provision of its services.
The Contractor is entitled to make partial deliveries and provide partial services.

04. Involvement of Third Parties

The Contractor is entitled to involve third parties for the provision of its services.
Unless expressly agreed otherwise in the offer or order confirmation, the Contractor shall only be liable for the selection, instruction, and supervision of the third parties involved.
If the Client requests the involvement of a specific third party, the Client shall bear the risk of non-performance or poor performance by the third party alone.

05. Deadlines

Unless expressly agreed as binding in the offer or order confirmation, agreed deadlines are non-binding.
If the Contractor defaults, the Client must grant the Contractor a reasonable grace period in writing twice.
If the Contractor fails to fulfill its service obligation even after the second grace period, the Client is entitled to withdraw from the contract, whereby services already rendered that can be reasonably used by the Client are excluded from the withdrawal.
If the Contractor falls behind on delivery through no fault of its own, e.g., due to work stoppages, strikes, war, energy or material shortages, default and breach of contract by third parties (e.g., suppliers, vendors), as well as in all cases of force majeure, this does not entitle the Client to withdraw from the contract/order and/or to hold the Contractor liable for any claims for damages.
If the delivery of work documents or the item for execution by the Client is delayed, the Contractor is no longer bound by the originally promised delivery date.

06. Acceptance / Inspections / Complaints

a) General
The Client must inspect work services and/or goods immediately upon receipt and, if defects arise, notify the Contractor immediately, but no later than within one week. If the Client fails to do so, the work service or the delivered goods shall be deemed approved. Defects that are not recognizable despite careful inspection (hidden defects) remain reserved. Hidden defects must be reported to the Contractor immediately after their discovery.
b) Control and Inspection Documents in Particular
The Client is obliged to check the control and inspection documents (proofs, plots, copies, files, etc.) sent to them before the final completion of the order for errors and to return them in writing within a timely period, along with the item for execution and any correction instructions. The Contractor cannot be held liable for corrections and changes given by telephone. The Contractor is not liable for errors overlooked by the Client. The Client acknowledges that any agreed delivery deadlines will automatically be extended if control and inspection documents are submitted late.
c) Contract for Work Services in Particular
For contract for work services, the Contractor must inspect the services rendered within one week. If no defects are found during the inspection, acceptance is deemed successful and the service is accepted.
If minor defects are found during the inspection, the service is nevertheless deemed successfully inspected and accepted. The Client must notify the Contractor of the minor defects. The Contractor shall remedy the identified defects free of charge and within a mutually agreed, reasonable period of time.
Unless the Parties agree otherwise, defects are considered minor if the use or safety of the services to be inspected is not significantly impaired.
If significant defects exist, the inspection is not considered successful. The Client must notify the Contractor of the significant defects. The Contractor must remedy the identified defects and notify the Client that they can inspect the services again. If significant defects are still found during this inspection, the procedure described in Section 14 b) below shall be followed.
Unless the Parties agree otherwise, a defect is considered significant if it substantially impairs the use of the services to be accepted.
If the Client does not inspect the services rendered or uses the services without conducting an inspection, the service is deemed successfully inspected and accepted.

07. Prices

Unless otherwise agreed, the quoted or confirmed prices are always net prices plus value-added tax and shipping and packaging costs.
Unless expressly agreed as a binding fixed price in the offer or order confirmation, the Contractor shall provide its services on a time and material basis. A total price stated by the Contractor in the offer or order confirmation is not to be understood as a fixed price or a cost ceiling. It is an indicative price, which is non-binding. The prices are also subject to any material or third-party service price increases that occur before the completion of the order.
If the Contractor already provides sketches, drafts, design proposals, photographic work, or other work before an order is placed, the Contractor is entitled to charge for these if a corresponding order is not placed.
Additional expenses caused by the Client, third parties commissioned by the Client, or the Client’s customer beyond the underlying offer, particularly due to defective, missing, or unsuitable documents and information, subsequent changes, additional orders, etc., will be charged at standard company rates without prior notice.
Author’s corrections (subsequent text changes, image adjustments, changes in layout, and the like) are not included in quoted prices and will be charged to the Client as additional expenses.
Over- or under-deliveries of up to 10% of the ordered quantity cannot be objected to without a different agreement. The quantity actually delivered will be invoiced. The Client cannot demand subsequent production for a delivery of over 90% of the ordered quantity.

08. Payment Terms

Payment of the invoice amount must be made within 30 days of invoicing without any deduction. In principle, a reasonable advance payment may be required for all orders.
The Contractor is entitled to invoice either after services rendered or monthly.
If the Client is in default, default interest of 5% will be charged. Any dunning/collection costs shall also be borne by the Client.
If a delivery cannot be properly delivered or dispatched for reasons not attributable to the Contractor, the Client must bear any costs incurred by the Contractor. The ordered goods or services will be invoiced regardless and are considered immediately due.
The Contractor reserves the right to change the payment terms for ongoing productions or orders if a significant deterioration in the Client’s financial situation is detected. Likewise, the Contractor reserves the right in such a case to stop the order or cease production until invoiced amounts are paid.
Offsetting any claims of the Client against claims of the Contractor is not permitted.

09. Retention of Title

Until all claims are fulfilled, the delivered goods remain the property of the Contractor and may not be used by the Client. As long as not all claims have been paid by the Client, the Contractor is entitled to arrange for the registration of any retention of title for all goods owned by the Contractor but in the possession of the Client, at the Client’s expense.

10. Delivery to the Client

Delivery is at the Client’s risk from the production site and is made to the delivery address specified by the Client and at their expense. Any subsequently agreed deviating delivery address must be expressly confirmed in writing by the Contractor. The Contractor assumes no liability for damages or delays caused by third parties (e.g., postal service, freight forwarder, courier, etc.).

11. Material Supplied by the Client

Material procured by the Client must be delivered free of charge to the Contractor. The Client is liable for all damages that may arise from any unsuitability of the material (quality and quantity). This also includes the storage of the material at the Client’s expense and risk.

12. Electronic Data Supplied by the Client

The Contractor assumes no responsibility for data supplied by the Client (via data carrier or internet) that is incorrect in content, of poor quality, or incomplete. Any liability is also rejected if supplied data cannot be processed or used as standard, resulting in quality defects in the printed product. The Contractor assumes no liability for data loss of supplied and further processed files. The Contractor’s liability is limited to errors caused by itself.

13. Copyrights / Rights of Use

All copyrights or other intellectual property rights remain the property of the Contractor or any third parties.
Upon payment of the owed remuneration, the Client generally acquires a perpetual, non-transferable, and non-exclusive right of use to the work results and/or the MAM tool provided by the Contractor.
The acquisition of exclusive rights of use by the Client requires an express written agreement between the Parties.
In any case, the rights of use are transferred only upon full payment of the agreed remuneration.
With regard to those parts of the work results for which intellectual property belongs to third parties, only the provisions of the third party shall apply.

14. Warranty

a) Services
The Contractor warrants careful and faithful execution of its services.
b) Contract for Work Services
Insofar as contract for work services are provided, the Contractor warrants that the work, at the time of acceptance, complies with the contractually agreed criteria. If there is a defect covered by the warranty, the Client initially only has the right to rectification. If the Contractor cannot carry out the requested rectification within a reasonable period, the Client shall set another reasonable grace period for remedying the defect. If the Contractor fails to provide proof of fulfillment of the agreed criteria even after this grace period, the Contractor may
demand a reasonable price reduction or, in the case of a significant defect that prevents the Client from using the work, withdraw from the relevant contract, whereby services already rendered that can be reasonably used by the Client are excluded from the withdrawal.
The warranty period is 6 months.
c) Third-Party Services
With regard to services or goods from third parties, exclusively the warranty regulations of the respective third party shall apply.
d) Industry-Standard Tolerances
Industry-standard deviations in execution and material, particularly cutting accuracy, fidelity of reproduction, tonal value, and quality of printing substrates (paper, cardboard, etc.) are reserved. Insofar as tolerances are imposed on the Contractor by suppliers, these also apply to the Client.
For reproductions, minor deviations are possible in all manufacturing processes and cannot be objected to by the Client. An industry-standard tolerance applies.

15. Warranty of Title

The Contractor warrants that its own services do not infringe any recognized intellectual property rights of third parties.
The Client shall immediately and in writing notify the Contractor of claims resulting from alleged third-party claims due to infringement of intellectual property rights. The Client shall leave the exclusive conduct of any proceedings, as well as the adoption of measures for a judicial or extrajudicial settlement of the dispute, to the Contractor, insofar as this is procedurally possible and permissible. The Client shall support the Contractor to a reasonable extent.
If a lawsuit is filed for infringement of intellectual property rights or a preliminary injunction is requested, the Contractor may, at its discretion and expense, either provide the Client with the right to use the work results free from any liability for infringement of industrial property rights, adapt the work results, or replace them with others that meet the essential contractual requirements, or it shall be liable for damages within the framework of the liability regulations set forth in these GTC.
In the event that the Contractor is held liable for the infringement of third-party rights for parts of the service supplied by the Client, the Client undertakes to fully indemnify the Contractor.

16. Advertising

Unless otherwise agreed with the Client, the Contractor is entitled to use the final result for its own purposes, for example, as a reference on the website, social media, or to send sample copies to third parties as quality samples. The Client will be mentioned by name.

17. Liability

The Contractor is liable for direct damages caused intentionally or by gross negligence. For direct damages caused by slight negligence, the Contractor’s liability is limited to the agreed remuneration. To the extent permitted by law, any further liability is excluded, in particular, liability for third parties involved and liability for indirect damages, consequential damages, and third-party damages are excluded.
Liability for data loss and for damages in connection with data recovery is excluded.
Unless expressly contractually assured, the Contractor excludes all liability for damages resulting from cybercrime.

18. Data Storage / Retention of Work Documents

Data will be archived for five years after delivery of the work results and/or goods. Risks of flawless provision, particularly due to changing processing techniques or data loss, are borne by the Client. The costs arising from an agreed retention for archiving, renewed preparation, formatting, and release will be charged additionally.
There is no obligation to retain work documents (files, negatives, templates, drafts, prints, and tools) unless otherwise agreed in writing.

19. Termination by the Client

If an order is terminated, cancelled, or revoked by the Client during the course of execution, the Client owes, in addition to the remuneration for services already rendered, compensation for any expenses incurred by the Contractor in anticipation of the completion of the order. Further claims for damages remain reserved.

20. Confidentiality

The Parties undertake to keep confidential facts that are neither obvious nor generally accessible and that come to their knowledge within the framework of the contractual relationship. In case of doubt, information and data are to be treated confidentially.

21. Data Protection

The Contractor processes personal data in accordance with legal data protection regulations. The privacy policy can be viewed at any time on thefineartgallery.ch.

22. Severability Clause

Should parts of these GTC prove to be wholly or partially invalid or ineffective, all other provisions shall remain unaffected. Invalid or ineffective provisions will be replaced by new ones that come as close as possible to the economic purpose of the contract.

23. Applicable Law and Place of Jurisdiction

The contractual relationship is exclusively governed by Swiss law, excluding any conflict of law rules.
The ordinary courts at the Contractor’s registered office shall have jurisdiction to settle disputes, unless mandatory law provides for a different place of jurisdiction.

Sarnen, January 1, 2026

The Fine Art Gallery GmbH
Grundacherweg 2
CH-6060 Sarnen