GENERAL TERMS AND CONDITIONS (GTC)

1. Scope of Application

These General Terms and Conditions (GTC) apply to all services and products provided by JB Visuals (hereinafter “Provider”) to natural and legal persons (“Client”). They cover assignments, contracts, physical and digital products, as well as online orders. By using any service or placing an order, the Client agrees to these GTC.

2. Conclusion of Contract

A contract is concluded in accordance with the provisions of the Swiss Code of Obligations (OR). The Provider reserves the right to decline assignments without stating reasons.

3. Prices and Payment

All prices are in CHF and exclusive of statutory VAT. Payment term: 30 days net from the invoice date. In case of late payment, interest of 5% p.a. is charged in accordance with Art. 104 OR. Reminders and collection costs are borne by the Client.

4. Delivery and Deadlines

Delivery and completion dates are non-binding unless explicitly confirmed in writing as fixed dates. The Provider is not liable for delays caused by force majeure, illness, technical failures, or third parties.

5. Withdrawal and Cancellation

A cancellation is free of charge up to 7 days before the scheduled date. After this period, 50% of the fee is due; in case of no-show, 100% is due.

Legal grounds for withdrawal under the Swiss Code of Obligations include:

Fundamental error (Art. 23 OR)
Fraud or coercion (Art. 28 ff. OR)
Exploitation (Art. 21 OR)

Challenge period: 1 year from discovery (Art. 31 OR).

6. Copyright and Usage Rights

All works (photographs, layouts, etc.) are protected under the Swiss Copyright Act (URG) and other intellectual property rights (including trademark law, design protection, and know-how protection). The Provider remains the copyright holder (Art. 9 URG).

The Client receives a simple, non-transferable usage right. Any further use, modification, or publication requires written approval. Violations may be pursued under civil and criminal law (Art. 62 URG).

7. Physical and Digital Products

Risk for physical products transfers to the Client upon shipping (Art. 185 OR). For digital content, the right of withdrawal expires once the download has taken place (Art. 40f OR). Defects must be reported in writing within 5 days.

8. Use of Third Parties / Agents

The Provider may engage independent third parties (contractors, agents) to fulfil obligations. Liability is limited to proper selection and instruction in accordance with Art. 101 OR. Legal relationships between the Client and third parties do not arise.

9. Protection of Personality Rights

Personality rights under Art. 28 ff. ZGB are respected. Images are only published with documented consent. For minors, approval from legal guardians is required. Later deletion will be carried out where reasonably feasible. Commercial use of a person’s image, voice, or name requires separate permission.

10. Limitation of Liability

Liability is limited to gross negligence and intent (Art. 100 OR). The Provider is not liable for consequential damages, data loss, or lost profit. Maximum liability is limited to the invoiced amount.

11. Fraud and Misuse

In cases of suspected fraud, payment manipulation, or identity misuse, the Provider may terminate the contract immediately. Civil and criminal action may be taken (Art. 28 and 41 OR).

12. Jurisdiction and Applicable Law

Exclusively Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Schaffhausen (Art. 5 ZPO in conjunction with Art. 17 IPRG).

13. Final Provisions

Should any provision of these GTC be invalid, the validity of the remaining provisions remains unaffected. Amendments apply only to future contracts.