Terms of Service

General Terms and Conditions


1.     Scope of application

These general terms and conditions (GTC) apply to all orders placed by customers via the online shop of CORTESI PHOTO ART, Reto Cortesi, Hardstrasse 81, 8004 Zurich, Switzerland, mail@reto-cortesi.com (Seller).

The GTC can be printed.

Any contractual terms and conditions deviating from the GTC, in particular also those, which the customer declares to be applicable when accepting the contract, shall only be valid if and insofar as they have been accepted by the Seller in writing.

The GTC in the version in force and applicable at the time the Order is placed by the customer shall apply. The Seller reserves the right to amend these GTC at any time.


2.     Subject matter and language of the contract

The offer in the online shop is directed exclusively at consumers of legal age, who have their place of residence in Switzerland and can provide a delivery address in Switzerland. The language of the contract is English or German.


3.     Offer and conclusion of contract

The presentation of the products in the online shop is not a legally binding offer by the Seller, but an invitation for an order (Aufforderung zur Bestellung).

A binding order is only triggered when the customer has entered all the data required for the conclusion and execution of the contract, has confirmed that he/she has taken note of these GTC and has clicked the button "Place Order" (Order). Until the mentioned button is clicked, the customer can select and continue to select products without an obligation and add them to the shopping cart. Before placing the Order, the order data may still be changed. The placing of the binding Order shall be deemed to be an offer by the customer to the Seller to conclude a contract for the products listed on the order page and shall be effected by clicking on the button "Place Order".

Immediately after the receipt of the Order by the Seller, the Seller shall confirm receipt of the Order (Confirmation of Receipt). 

The Seller reserves the right to accept the Order or decline it. The Seller is not obliged to conclude a contract on the basis of an Order. 

The purchase contract is only concluded when the Seller confirms the dispatch of the Order by e-mail (E-mail Confirmation) or by delivering the ordered products. If the Order comprises several products, the contract is only concluded for those products that are expressly listed in the E-mail Confirmation or that have actually been delivered. In case of advance payment, the purchase contract is concluded upon the confirmation of receipt of the advance payment by the Seller.


4.     Prices and shipping costs

The prices stated in the online shop contain VAT (if any) and are in Swiss Francs (CHF).

Depending on the delivery address or the ordered products, shipping costs may be incurred in addition to the prices stated. The exact shipping costs are shown to the customer in the online shop.


5.     Terms of delivery

Delivery is only possible within Switzerland.

Unless otherwise indicated in the online shop, the delivery time is 2-4 weeks.

If the Seller cannot meet a delivery deadline for reasons for which it is not responsible (non-availability of the product, e.g. due to force majeure events), it will inform the customer immediately, if necessary stating the expected delivery date. If the new delivery date is not acceptable to the customer or if the products are partly or completely unavailable even within the new delivery time, both parties are entitled to withdraw from the contract with regard to the respective product(s). Any payment already made by the customer will be refunded to the customer.

Delivery shall be subject to timely and proper delivery to the Seller by any of its suppliers. The Seller shall not be liable for delays in delivery caused by any third parties. The customer will be informed immediately in case of delays.

If possible, the products will be delivered and handed over to the customer personally, but without verification of the recipient's identity, at the delivery address as indicated in the Order. If nobody is to be found at the delivery address (as indicated in the Order), the ordered products may, the size of the products allowing, be placed in the letterbox. Otherwise the delivery of the ordered products is considered to have failed and will be repeated as soon as possible thereafter and after reasonable notice to the customer. Should the delivery of the products fail two times, the Seller may withdraw from the contract. Any payments made will be refunded.


6.     Terms of payment

The means of payment are listed in the online shop.

In case of a delay in payment, the Seller is entitled to charge an interest for late payment of 5% of the invoiced amount. Further, the Seller reserves the right to charge a reminder fee of CHF 20.00 per reminder sent to the customer.

Offsetting claims against counterclaims of the customer is excluded. 

The customer may only exercise a right of retention if his/her claims are based on the same contractual relationship.


7.     Retention of title

The Seller remains the owner of the products until full payment by the customer. The Seller is entitled to register a retention right (Eigentumsvorbehalt) in the respective register (Eigentumsvorbehalts-register) at the customer's place of residence. Prior to the valid transfer of ownership to the customer, pledging, transfer by way of security, modification or alteration of the products is not permitted unless agreed otherwise with the Seller.


8.     Assignment

The Seller reserves the right to assign or pledge to third parties its purchase price claims against the customer arising in connection with Orders, including any instalments due, interest on arrears and reminder fees.


9.     Warranty

The customer is obliged to inspect and examine the delivered products as soon as it is feasible in the normal course of business and to notify the Seller immediately of any defects detected. If the customer fails to do so, the products shall be deemed approved. Approval shall in any case be deemed to have been given unless the customer submits a written complaint (e-mail shall suffice) to the Seller within eight (8) days of delivery. Defects, which were not detectable in a proper inspection must be notified to the Seller in writing immediately following their detection (e-mail will suffice), otherwise the products ordered will be deemed to have been approved with regard to these defects as well.

The Seller shall have a right to remedy the defect (Recht auf Mängebehebung). This shall be done at the Seller's discretion by means of subsequent performance, i.e. cure of the defects (Nachbesserung), or delivery of a product that is free from defects (Ersatzlieferung). The ownership of returned products shall transfer back to the Seller.

If such subsequent performance by the Seller fails, the customer is entitled to withdraw from the contract. This does, however, not apply in case the defects are minor. A right of purchase price reduction (Minderung) is excluded.


10.  Liability

The liability of the Seller for light and medium negligence (leichte und mittlere Fahrlässigkeit) is excluded. The liability of the Seller for auxiliary persons and substitutes is fully excluded. In particular, the Seller shall not be liable for damage attributable to any of the following causes: 

-        improper, non-contractual or illegal storage, modification, hanging or use of the products

-        failure of maintenance and/or improper modification or repair of the products by the customer or a third party;

-        force majeure, in particular damage caused by natural forces, pandemics, moisture, fall, impact, etc., for which the Seller is not responsible, and official orders.


11.  Data protection

The collection and processing of personal data about the customer by the seller is explained in the privacy policy. The data protection declaration is available here:


12.  Copyright

The author of the photographs offered in the online shop of the Seller (www.cortesiphotoart.com) is Reto Cortesi, Zurich, Switzerland, unless otherwise indicated in the online shop. Therefore, all images & text on the website www.cortesiphotoart.com and online shop  are protected by copyright. No part of this site or its content may be reproduced or copied without the written permission of the copyright owner.

By purchasing a product with contents of the photographs made available in the online shop of the Seller, the customer acquires solely the ownership of the product. Rights of use for reproduction of any kind, distribution, editing as well as for public access are not included and strictly prohibited.

By purchasing a product with contents of the photographs made available in the online shop of the Seller, the customer acquires solely the ownership of the product. Rights of use for reproduction of any kind, distribution, editing as well as for public access are not included and strictly prohibited.


13.  Final provisions

Should one or more provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.

Swiss law applies exclusively. The application of the conflict of laws rules and the UN Sales Convention is excluded. 

All disputes arising out of or in connection with these GTC shall be subject to the exclusive jurisdiction of the ordinary courts of the Canton of Zurich, the venue being Zurich 1. 



Zurich: 1 June 2020